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HomeMy WebLinkAbout09/17/1986r"MA."aslillf"00 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR Wednesday, September 17, 1986 cc: Reel 181, Tr. I, Side I, 001 -end 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, Rydell and Tryon Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm: William Siegel B. CONSENT CALENDAR: Item B.4.d) (Lands of Ugie) was deleted by staff. Item B.1 and B.4.f) (Lands of Chen) were removed by Dronkert. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $213,612.75 3. Motion for Adoption: Motion setting 1011186 as the Public Hearing Date for a non -mandatory public hearing on Cable TV 4. Resolutions for Adoption: a) Resolution #132-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Allegra, 26721 Taaffe Road) IM b) Resolution #133-86 setting the time and place of public hearing on an application for a special land �r use permit (Lands of Cotsworth, 12227 Colina Drive) Im C) Resolution #134-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Wilson, Parcel S - Lupine Road) e) Resolution #135-86 accepting an emergency access ease- ment, Lands of Roscoe, 25431 Adobe Lane g) Resolution #136-86 accepting balance of improvements in connection with the Lands of Gigli, Tract 6763 5. Request from Los Altos Fire Department for Council authoriza- tion to remove fire hazards on the following property APN 182-48-49 6. Lands of Jones, 12600 Page Mill Road, request for time exten- sion for tentative map C. PRESENTATIONS FROM THE FLOOR: Due to the interest of several people who were present, Item I.l.c) was discussed at this point of the meeting. D. CONSIDERATION OF ZONING ORDINANCE IMPLEMENTION OPTIONS: The City Manager referred to his staff report dated 9/12/86 which included the statment that building permits may not be issued after 10/3/86 (the effective date of the new zoning ordinance) unless they conform to the new zoning ordinance even if the pro- ject has received zoning permit, site development permit and spe- cial land use permit under the existing ordinance. The report further gave a summary of applications on file at Town Hall and a general timeframe for processing these applications. The City Attorney presented an overview of his report dated 9/9/86 which included the following statements: 'Applications from property owners filed after 10/4/86 clearly will have to comply with the new zoning regulations. If a building permit has been issued following approval of the application and the proper- ty owner has commenced construction, or has expended a consider- able sum of money in reliance on the permit, the owner is entitled to continue under the previously approved application. If an application previously was approved but no further action has been taken by the property owner to exercise the approval given the property owner has not acquired a vested right and must -2- comply with any changed requirements in the Town's amended Zoning t Law applicable to his project.' The City Attorney further com- 41val mented that one of the options Council had before them was to adopt an urgency ordinance allowing the issuance of building permits under the existing Town Zoning Law for certain described applications. Several persons addressed the Council explaining their situations and requesting a time extension for their applications. Mr. Fred Haeckl, Lot #25, Blandor Way, noted that at the 9/3/86 Council meeting he had received an exception to the septic system requirements for Lot #25. As a result his plans needed to be changed and he was requesting a four week extension from the ef- fective date of Ordinance #305 to get his building permit. Mr. Ward, Via Ventana, presented a brief background on his ap- plication for an addition and a swimming pool. He noted they had begun the process some time ago, had had several meetings with staff, had invested a fair amount of money in the project, had thought they had to some time in the fall to get their plans in and were now requesting an extension to 11/3/86. Mr. Martin Kampf, landscape architect for Mr. Ward, reiterated Mr. Ward's request for an extension. Mr. Michael Moyer, Ward's architect, gave a history of his meetings with Town Staff and referred to documents on file concerning their application, the timetable in- volved, etc. He, too, requested that they be allowed to submit schematic and elevation plans by 11/3/86. Mr. Ray Cobb, architect for Lands of Wong, Lot #7 - Dawson Drive, and Lands of Chantalat, 11681 Dawson Drive, commented that the Wong application would not be affected by the new ordinance; how- ever, the Chantalat's application would be affected. This project had been approved by the Site Development Committee and Planning Commission, had been appealed by a resident and the appeal had been overruled by the Planning Commission. They had spent a long time on the application and he was requesting an extension of 90 days to submit plans. Council discussed the options before them. Tryon stated her strong feelings that anyone who had a special land use permit could reasonably be given additional time to get a building permit to comply with the new ordinance. Dronkert concurred and further commented that while she was in favor of Ordinance #305 and wanted to see it in place, she noted that some residents were caught in the process of implementation of the new ordinance. MOTION SECONDED AND WITHDRAWN: Moved by Dronkert, seconded by van Tamelen and withdrawn to adopt an urgency ordinance which would allow those applicants who had received a special land use permit or those who had received site development approval if a special land use permit did not apply or a zoning approval if site devel- t opment and special land use permits were not required prior to -3- October 3 an extension of 90 days to obtain a building permit if the building permit was applied for and received during that pe- ikaw of time. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to adopt Ordinance #306 adopting as an urgency measure the authority to issue building permits under the existing Town Zoning Law for certain described applications. The urgency ordinance states in part: 'The City Council has been ad- vised that a number of property owners are in a unique position in that they filed applications in compliance with the present Town Zoning Law, but which applications would not comply with the amended provisions of the Town's Zoning Law appearing in or- dinance #305, and obtained all required permits, except for building permit, but none of whom will be able to qualify for is- suance of a building permit prior to 10/3/86. The City Council believes it would be unreasonable to require the applicants fall- ing into this category to commence their applications anew. Therefore, each applicant who has obtained all necessary ap- provals but who has not applied for a building permit shall be entitled to apply for and receive a building permit provided that the building permit is issued not later than 1/2/87.' MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Tryon and passed unanimously to grant an exception to Ordinance #305 for the Lands of Ward on Via Ventana based on the evidence pre- sented by Mr. Ward, Mr. Moyer and Mr. Kampf at the 9/17/86 Coun- cil meeting. Due to the special circumstances of the application, the owner will be given to 13-j3f8(r�o_ebt�tr.}}_.�.f{ *7ID BY COUNCIL 5/6/87 - SEE Barbara Wilson, Wilson Development, Inc., referred to her letter BELOW) to the Council dated 9/12/86 concerning the application for a new residence on Lupine Road. This matter had been set for public hearing at the next Council meeting (10/1/86) for a special land use permit. Ms. Wilson was addressing the Council at this time because she was very concerned that if the application were not heard at the next meeting, their project would be affected by the grading restrictions in the Town's code. Ms. Wilson was advised that with the approval of the Consent Calendar items earlier in the meeting, a resolution had been adopted setting a public hear- ing for Lands of Wilson on Lupine Road for the 10/1/86 Council meeting. E. REPORT FROM THE PLANNING COMMISSION: Commissioner Siegel reported that at their 9/10/86 meeting the EIR (Environmental Impact Report) for Adobe Creek was discussed. The Commission did not set a public hearing on the matter as they would like to see some additional work done on the report such as the preparation an executive summary of the report. They hoped to { * 1013/86 to .file application to be considered under the existing ordinances , ae set a public hearing in the near future. In response to a query L from van Tamelen as to the status of the Housing Element, Siegel noted that letters had been sent to the City Attorney requesting his available dates for attending a study session on the Housing Element. It was hoped this session would take place in the near future. F. PUBLIC HEARINGS: LANDS OF CHANTALAT, 11661 Dawson Drive, request for special land use permit to allow for a new residence subject to Ordinance #300 The Town Planner referred to her 9/11/86 staff report which gave a background of the Chantalat's application and noted that the Site Development Committee at their 8/1/86 meeting recommended that the Council approve the special land use permit for Chantalat although the project did not conform with the guidelines for Ordinance #295. Mr. Ray Cobb, applicant's architect, was available to answer any questions and noted that yes they would be able to obtain their building permit by 1/2/87. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to grant a special land use permit for Lands of Chantalat based on the substantial work done on the pro- ject and the recommendation of the Site Development Committee. Mr. Chantalat, applicant, thanked the staff for their help and especially thanked Commissioner Siegel for his assistance. He ap- preciated the Council's favorable decision. 2. LANDS OF PRODROMOU, 12975 Page Mill Road, request for a special land use permit to allow for an addition subject to Ordinance #300 The Town Planner referred to her 9/11/86 staff report which in- cluded the Planning Commission's recommendation from their 8/27/86 meeting that the Council approve a special land use permit for Lands of Prodromou although the project does not con- form with the guidelines for Ordinance #300. Dronkert suggested that this application be referred to when the sub -committee reviews the issue of maximum development area. The calculations for this project were quite unique. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to grant a special land use permit for Lands of Prodromou. -5- G. OLD BUSINESS: 1. Ordinance # amending Title 5 of the Los Altos Hills Municipal Code by adding thereto Chapter 7 entitled 'Construction of Buildings and Structures' regulating hours of work (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to waive further reading of or- dinance. The City Attorney noted that at the request of Mayor Pro Tem Tryon he had prepared an alternative section two of the ordinance for Council's consideration. The present ordinance makes a viola- tion of the ordinance a misdemeanor punishable by a fine or im- prisonment. The alternative section would allow Council to make a violation of the ordinance either an infraction, or an infraction becoming a misdemeanor after a stated number of violations. Marc Kaufman, 14100 Donelson, asked for clarification of what was inside noise and outside noise (working inside garage with door open?). He further suggested that the time limits imposed in the ordinance would prevent residents from doing a lot of work on their property. Council discussed the penalty provisions of the ordinance but did not agree with the proposed amendment to section two. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Rydell and passed by the following roll call vote to adopt Or- dinance #307 amending Title 5 of the Los Altos Hills Municipal Code by adding thereto Chapter 7 entitled 'construction of build- ings and structures' regulating hours of work. AYES: Mayor van Tamelen and Councilmembers Dronkert and Rydell NOES: Mayor Pro Tem Tryon Tryon stated that she supported the ordinance but was concerned about the penalty provision of the ordinance. 2. Adobe Creek Study Commissioner Struthers asked for a status report on the Adobe Creek Study. The Town Planner advised her that the land use study portion had been completed by the intern and the biological sur- vey portion was being done by a volunteer in Los Altos. The City Manager noted that at this time the issue was being addressed at a staff level and Commissioner Struthers would be kept advised of developments. ` 3. Items Removed from the Consent Calendar: a) Approval of Minutes: September 3, 1986 Special and Regular Meetings) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously with Rydell abstaining to approve the minutes of the September 3, 1986 Special Meeting with the follow- ing correction: Item B., 4th paragraph, add the following ' with Dronkert making the statement that one of the Strubs would re- quest appointment to another committee when a vacancy occurred.' and to approve the minutes of the September 3, 1986 Regular Meet- ing with the following correction: page 11, Item G.2, 2nd para- graph, insert 'who had filed for election' after . . .if the City Council appointed a person. . . b) Resolution # approving and authorizing execution of an encroachment permit agree- ment between the Town and Robert and Anita Chen, 26879 Taaffe Dronkert asked for and received clarification of certain sections of the resolution and the attached map. MOTION SECONDED AND CARRIED: Rydell and passed unanimously ing and authorizing execution between the City of the Town Anita Chen, 26879 Taaffe H. NEW BUSINESS: Moved by Dronkert, seconded by to adopt Resolution #137-86 approv- of an encroachment permit agreement of Los Altos Hills and Robert and 1. Request for encroachment permit, O'Keefe Lane between Dianne Drive and Normandy Lane The City Engineer referred to his 9/11/86 staff report which noted that a subdivision had been approved by Los Altos along O'Keefe between Adobe Creek and Dianne Drive. The applicant was requesting an encroachment permit from the Town to construct those subdivision improvements which would be in the Town. The report further suggested the following conditions: applicant to provide proof of adequate insurance to the satisfaction of the City Attorney; applicant to restore pavement of O'Keefe, prior to acceptance of improvements by the City of Los Altos, to the satisfaction of the City Engineer; and applicant to provide traf- fic control during construction, at their own expense, to the satisfaction of the City Engineer. Mary Stutz, member of the Pathways, Recreation and Parks Commit- tee, asked if any thought had been given to asking for a path with the encroachment permit. Mrs. Stutz was advised that Los `. Altos had already required a path with the improvement plans. -7- MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Rydell and passed unanimously to approve the request for an en- croachment permit on O'Keefe Lane between Dianne Drive and Normandy Lane and to direct the City Attorney to prepare the ap- propriate documents. I. OTHER BUSINESS: Reports from Standing Committees: Reports from Ad Hoc Committees: a) Heritage House Dronkert requested that the Mayor send a letter of thanks to the Community Relations Committee and Heritage House Committee for all of their help with the dedication of the Heritage House on 9/6/86. Dronkert also noted that Andrew Allison and Jane Reed had received certificates on the 6th as Co -Chairmen of the Apricot Alliance. Mr. Allison had returned his to the Town as he felt it more appropriately should be kept at the Heritage House. Council asked that the certificate be given to Town Historian, Rosemary Meyerott, for framing and placement in the House. Council asked that the Heritage Committee Charges be agendized for the next Council Meeting and Mary Stutz reported that Ed Barnes had been named chairman of the Heritage House Committee at their meeting L held on 9/16/86. %W J. STAFF REPORTS: City Manager: a) Budget Amendments MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to direct the City Attorney to prepare a resolution for the following budget amendments: E1 Monte Road Guardrail $45,000; Concepcion Road Drainage Correction $5,000; Elena Fire Road $8,000; Purissima Road Undermining Repair and Bin Wall Construction $12,500 and $3,500. b) Report on appeal process specifically related to Lands of Handley and Lands of Scarff The City Manager referred to his staff report dated 9/11/86 which noted that he had directed that the written notification of denials shall have attached copies of the sections of the or- dinance dealing with appeals and he also requested the Planning Commission Chairman to notify an applicant that he has a right to appeal immmediately following a denial. -8- PASSED BY CONSENSUS: As Council had received a letter from the Handleys requesting reconsideration of their application, the Council requested this request be agendized for the next Council meeting. C) Consideration of Zoning Ordinance Implementa- tion Options This item was discussed earlier in the meeting. 2. City Attorney: a) Opinion on 'City of the Town of Los Altos Hills' The City Attorney referred to his report dated 9/11/86 which noted that recent legislation provides a simple procedure which would enable the Council to make a change in the Town's name if it so desired. The report further included a brief history of the Town since incorporation. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to direct the City Attorney to prepare an ordinance changing the official name of the Town. 3. City Clerk: Report on Council Correspondence 4. Council Business: a) Zip Code Tryon reported that the City of Los Altos had unanimously adopted a resolution at their meeting on 9/16/86 supporting the Town's request for a zip code. b) Town Historian Tryon thanked Rosemary Meyerott for providing her with a lot of background information on the Town from the Town's History Room. c) Location of new Los Altos Post Office Council had received a letter concerning the proposed location of the new Los Altos Post Office. It was agreed this matter would be placed on the next Council agenda. d) Meeting Locations for Committees The Mayor had sent a letter to the Committee Chairmen stating that committee meetings would now be held in the Heritage House. It was clarified that there would be no objection to committees continuing to use the conference room if they so desired. e) Press Release - Council Vacancy Council asked that the Press Release prepared on the Council va- cancy be sent to the Chairmen of each of the Standing Committees and the Chairman of the Planning Commission and each chairman be asked to inform their committee members of this information. K. ADJOURNMENT• There being no further new or old business to discuss, the City Council adjourned at 10:30 p.m. to an Adjourned Regular Meeting at 4:00 p.m. on Thursday, September 18, 1986. Respectfully submitted, Patricia Dowd, City Clerk DOM