HomeMy WebLinkAbout03/20/1985CITY COUNCIL
TOM OF LOS ALTOS HILT
fAw 26379 Fremon: Read
Las Altos Hills, California
Wednesday, March 20, 1985
cc: Reel 165, Tr. I, Side I. 001 --end
Mayor Allison called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chanbers at Town Hall.
Present: mayor Allison and CouncilnEmbers Dxonkert, Puhrman, Rydell and van T�melen
Absent: None
Staff: City Manager C�eorge Scarborough, Assistant City Attorney William
Hughes, City Engineer Michael Enright, Staff Planner Nancy Lytle and
City Clerk Pat Davd
Planning
Comm: Luis Yanez
Press: Peter McCormack, San Jose M�rcury
B. OONSENT CATIMAR:
Items Removed: B.1 (3/6/85) (Dxonkert); B.3.b) (City Manager); B.4.a) (van Tamelen)
M:YTION SECOMM AND CARRIM: Moved by Fuhrman, seconded by Rydell and passed
unanimously to approve the balance of the Consent Calendar, specifically:
1. Approval of Minutes: March 11, 1985
2. Approval of Warrants: $36,053.15
3. Resolutions for Adoption:
a) Resolution #17-85 amending Resolution No. 1468 establishing rates of
charges to be made in connection with subdivision of land, parcel
maps, site dweloFment, building site approval, inspection fees,
conditional use permits, variances and septic tanks.
b) Resolution #18-85 setting the time and place of public hearing on an
application for a special Land use permit (Lands of Mirkhani, Lot #3 -
Pl�cda Drive)
c) Resolution #19-85 setting the time and place of p)blic hearing on an
application for a special land use permit (Lands of Graham, Lot #15 -
Jessica Lane)
d) Resolution #20-85 setting the time and place of public hearing on an
�4w application for a special land use permit (Lands of Grinnell, 15472
Vista Serena)
CITy COLTNcil, MIN= - March 20, 1985
C. PRESENTATIONS FROM THE FLOOR:
Mr. Ken Pastrof, 13015 Ibbleda, lbad, suggested that Council approve a pro-
tessional polling of the recent Town Questionnaire for a mro objective
analysis of the responses. Council responded that the questionnaire provided
one source of information concerning issues of interest in the T� and
residents' concerns and was not necessarily a statistically sound documient.
Council did not agree that such a professional polling would be appropriate;
ha-vver, in response to another suggestion by Mr. Pastrof for a new scientific
poll of the omminity, council o=en ted this option could be further discussed.
Edward Barnes, Chairman - C�ity Relations Comittee, stated that the ques-
tionnaires constituted privileged oc=mi cations fram t residents and basically
contained questions that asked the residents 'How they perceived the Town and
how they wmld like it to be?'
Mrs. John Steers, 11641 Buena Vista Drive, addressed the Council with a ocmplete
background history of her request for site approval for a certain parcel of her
Property. The Mayor responded that this matter had been discussed at a previous
Council Meeting and reiterated the City Attorney's opinion that the parcel an
question was not a legally subdivided parcel. Until there was information to the
contrary, the matter would not be re cheduled for a Council agenda.
D. REPORTS FICM THE PIANNING COMISSION:
O�s,o= yanez reported the follwing actions taken at the 3113/85 Comaission
maeting: Lands of Lacy (conditional me permit) - approved; lands of Davis
(conditional use permit) and Lands of Plough (variance) - continued for additional
46W information; Lands of Bellucci (conditional use permit for a 300 mmbership
recreational facility) recc:m�nded denial of application; and lands of Creekside
Court (tentative map) continued to an Adjourned Meeting of the C�ssion on
3122185 at 4:00 p.m.
E. SPECIAL ORDERS:
1. Resolution #—anending the Town Budget for the Fiscal Year 1984-85
The City Manager noted that Council had before them a corrected page 2 to
Eyhibit B and corrected pages for the Capital Inproverrent Budget.
MOTION SECONDED AND CARRIED : Yoved by Rydell, seconded by Fuhrman and passed
unanincusly to adopt Pzesolution #21-85 amending the Town Budget for the
Fiscal year 1984-85
2. Ordinance, #293 awilding Sections 3-6.02, 3-6.04 and 3-6.05 of Chapter 6
entitled "Sales and Use Taxes" of Title 3 of the Los Altos Hills Municipal
Code (SECOND READING)
Dronkert �ted that an incorrect report in the last issue of the Town Crier
gave the mpression that consideration of this ordinance was unique to the Tovm
of Los Altos Hills. On the contrary, it was a matter being considered by all
cities in Santa Clara County. (For background information, plan e refer to the
minutes of the 3/6/85 Council Meeting.)
MOTION SECONDED AM CAFP=: Moved by Dronkert, seconded by Fkku:man and passed
unan�ly to waxve further reading of Ordinance 4293.
50M
CITY CDCNCIr, KNJ= - March 20, 1985
E. SPECIAL ORDERS: Item 2 - Ordinance #293 (continued):
MOTION SECONDED AND CAR=: Moved by van Tamelen, seconded by Fuhmen and
passed unanimously to adopt Ordinance #293 amending sections 3-6.02, 3-6.04
and 3-6.05 of Chapter 6 entitled "Sales and Use Taxes" of Title 3 of the Los
Altos Hills Municipal Code.
3. Ordinance #294 mending Section 4-3.1301 entitled "Decrease of State Speed
Limits" of Chapter 3 of Title 4 of the Ios Altos Hills Municipal Code
(SEMM READING)
This Ordinance w=ld set speed limits in Tcwn by resolution rather than by
ordinance which would result in a more efficient response to the ity
when changes in speed limits were required.
MOTION SEMMED AND CARRIED: moved by Fuhrman, seconded by van Tamelen and
passed unan imously to waive further reading of Ordinance #294.
WTIGN SECONDED AND CAPRIED: Moved by van Tamelen, seconded by Fuhrman and
passed unanimously to adopt Ordinance #294 amending Section 4-3.1301 entitled
1q) ecrease of State Speed Idmits" of Chapter 3 of Title 4 of the Ios Altos Hills
Municipal Code.
4. Ordi:nance # amending Article 1 of Chapter 1 entitled "Animals" of
Title 6 of the Los Altos Hills Municipal Code (FIRST READING)
The City Attorney's report dated 2111185 was referred to which noted that the
Town had adopted the Santa Clara County's Arninal Ordinance and as the Board of
�W supervisors mended this ordinance, it was requested that the cities amend
their codes for conformity with the County's ordmar=. The amendment before
Council for consideration addressed the issue of cantroling transportation of
animals in vehicles.
MOTION FA= DLT TO IACK OF A SECOND: Mloved by van Tamelen to waive further
reading of Ordinance.
Allison read the proposed ordinance in its entirety.
mmw SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and
passed by the following roll call vote to introduce ordinance #296 mending
Article 1 of Chapter 1 entitled "Animals" of Title 6 of the Ins Altos Hills
Municipal Code.
AYES: Mayor Allison and Councilmembers Dronkert, Fuhrman and van Tamelen
NOES:- CouncihTember Rydell
5. Public Hear�mgs:
a) IANDS OF KMNM, Lot #16, Tract #6297, Saddle Mountain Estates -
request for extension of site development permit
The City Engineer presented his staff report which noted that staff could not
recommend extension of a permit that was no longer valid. The site developTent
permit under discussion had expired on 4/11/84.
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Clry COUNCIL MD= - March 20, 1985
E. SPECIAL OMEFS: Item 5. a) Lands of Keenan (continued);
Mr. Keenan, applicant, ccanented that they were not aware the request for an
extension had to be in writing; it was their understanding that they had a
verbal agreement for an extension.
Mr. Alm Coon, applicant's designer, reiterated Mr. Keenan's understanding that
they had a verbal agreenent and requested Council to give special consideration
to their appeal for an extension.
Mary Stutz, Chairman - Pathways Ccmnittee expressed concerns about the pl acenan t
of the path, particularly as it related to the lot line adjustment between Mr.
Keenan and his neighbor.
Mir. Keenan, applicant, stated, in response to a query from Council, that he
would certainly work with the Pathways C�ttee regarding the paths.
MDTION SECONDED AND CAPJZIED: Moved by Rydell, seconded by van TaTelen and passed
by the following roll call vote to grant the appeal for an extension of the site
develcpaent permit for Lands of Keenan, Lot #16 - Saddle Mountain Estates, for a
90 --day period of time, subject to zoning approval and conf ormance with the proposed
lot line adjusbvent.
AYES: CouncibTEnbers� Dronkert, Fbhrman, Rydell and van Tamelen
NOES: Mayor Allison
b) LANDS OF WMSTER, 26454 Taaffe Road, request for approval of a Special
Land Use Permit to allow a pool house addition having a height in excess
�aw of fifteen feet.
The Staff Planner� presented her report dated 3/15/85 which stated that the plans
before Council were in conformance with the guidelines established for Ordinance
#292. Subject to the applicant's selection of an appropriate color for the pool
house, staff reconwended granting the special land use permit.
Council expressed concerns that the pool house before them had the potential to
be a secondary dwelling because it was equipped with 220 voltage. Although the
appliance had been removed, the voltage remained, thus making it quite easy to
re-equip the pool house without the required conditional use permit.
Mr. Norm Burdick, applicant's developer stated that the color of the pool house
would be a beigelbrownish color to coordinate with the house and the applicant
,would have no objection to re�oving the 220 voltage.
MDTION SECONDED AND CAPTUID: Moved by Dronkert, seconded by Fuhrman and passed
by the following roll call vote to deny the special land use permit for the Land
of Webster and to require a conditionaL use permit for a secondary dwelling.
AYES: Mayor Allison and C:ouncilmenbars Dronkert and Fuhzman
NOES: Counci� 1qdell and van TaTelen
Mr. Norm Burdick, applicant's developer questioned the direction to require the
applicant to obtain a p�t for sanething they did not want.
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CITY COLINCIL NMX= - M%arCh 20, 1985
E. SPE)CIAL ORDERS: Item 5.b) Land of Webster (continued) :
The City Manager stated that Council should direct their attention to the
issue before them, specifically did the proposed development meet the
guidelines imposed by the adoption of Ordinance 9292. If Council had other
con cerns about the plans, they should be addressed separately.
MMION SBCONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed
unanimous ly to reconsider the motion to deny the land use permit and require
a conditional use permit.
M)TION SECONDED AND CARRIED: Noved by van TaTelen, seconded by Rydell and passed
unanimous ly to grant a special land use permit for the Lands of Webster for a
pool house addition having a height in excess of fifteen feet.
PASSED BY CONSENSUS: To express the Council's concern to staff that the pool
house on the Land of Webster had the potential for a secondary dwelling and to
request staff to ca fully look into the matter.
Drankert requested that a separate log of special land use permits be kept
including purposes, dates, locations, etc. so that when the urgency ordinance
was again reviewed all materials would be readily available.
c) LANDS OF FENWICK, File TM #8-84, Elena Road, request for approval of
negative declaration and tentative map (2 lots)
The Staff Planner referred to her staff report dated 1/21/85 which recomnended
approval of the t�entative map for lands of Fenwick and adoption of the negative
declaration. The report noted that the purpose of the subdivision was to create
a homesite, separate from the property to be reserved as open space under
Williamson Act Contract. The Staff Planner also rec=Tended Council consider
granting conditional exceptions to Sections 9-4.506(8), (22) and (36) of the
Municipal Code since the remainder portion of the property under discussion
was not divided for the purpose of sale, lease, financing, or in this case
development.
Drorikert expressed comes rns about the existing erosion and drainage across
Elena Road.
Jon Lynch, applicant's engineer, stated that the drainage issue would be reviewed
at the Site Devel6FY �stage and further noted that no improvements were planned
for the driveway, only for Lot #1.
MDTION SECDNDRD AND CARRIED: Moved by van Tamelen, seconded by Fikuman and passed
unanimously to grant conditional. exceptions to Sections 9-4.506(8), (22), and
(36) of the Los Altos Hills Municipal Code for the Lands of renwick, File
TM #8-84
MOMON SBMNDED AND CARRIED: Moved by Fuhrman, seconded by Rydell and passed
manmTeusly to adopt a negative declaration for the Lands of Ferwick, File TM #8-84
MDTICN SECONDED AND CARRIED: Moved by Fuhrman, seconded by van Tamelen and passed
ly to approve a tentative map with conditions of approval as recommended
kW by the Planning Cmvdssion for the Lands of Ferwick, File TM #8-84.
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C=y OUUNcIL MDUrES - March 20, 1985
E. SPBCIAL ORDERS : Iten 5.c) Lands of Fenwick (continued):
PASSED BY OONSEbSUS: To express the Council's concern to the applicant for
the Lands of Fenwick regarding the existing exosion and run-off frcm driveway.
F. UNFINISBED BUS=S:
1. Items Re�oved from Consent Calendar:
a) Approval of Minutes: March 6, 1985
K)TION SECONDED AM CARRIED: Moved by van Tamelen, seconded by Drankert and passed
unanimcusly to approve the March 6, 1985 Council minutes with the following
miendftent: page 8, Item 1.4. to read: 'Dmnkert asked staff to make a recomTendation
for a uniform procedure regarding checking the cleaninq and maintaining of sewer
laterals in the public right-of-ways.
b) Resolution #__setting the time and place of public hearing on an
application for a use permit for a 300 nmiber private nan-profit
recreation facility on the Adobe Creek Lodge property
The City Manager reported that Mr. Belluoci had submitted a letter dated 3/20/85
withdrawing his application of a 300 member recreation facility (File CUP V-84).
PASSED BY ODNSENSUS: To withdraw resolution setting the public hearing on the
300 madDership recreation facility for Adobe Creek Lodge due to applicant's
withdrawal of application.
c) Lands of Lacy, File CUP #6-B4, Lot #3 Red Rock Road - Conditional Use
Permit for attached second unit
van Tamelen noted that she had withdrawn this item frcm the Consent Calendar
pending report from the Planning Ccamissioner on the subject. Having received
Mr. Yanez' report, she concurred with the Ccumission's approval.
YDTION SEODNDED AND CARRIED : Yoved by van Tanelen, seconded by Fuh� and passed
unaninx)usly to concur with the Planning Ccnmission's approval of the conditional
use pennit at Lands of Lacy, File CUP #6-84.
G. SPECIAL REPORTS:
1. Reports frcm Standing Conmittess; : None
2. Reports from Ad Hoc Ccumittees: none
3. Cawments frcm the Ccuncil:
a) Dronkert: IGC Report
Drankert reported that the Intergove=mental Council node the following statement
regarding the Transportation 2000 study: "Land use policies are critical to the
success of the planned transportation systems just as an effective transportation
plan is critical to a succesful development plan. The Ocunty and the cities should
�W vx)rk nore closely together to ensure that future land use and transportation
decisions are linked and ccupatible."
CITY COLUCIL MD4UTES - March 20, 1965
G. SPECIAL PEPOICS: Item 3. - CcamentS from Council (continued);
#*MF b) Dronkert - Earthquake Preparedness Materials
Dronkert noted that Council had recently received materials concerning
earthquake Preparedness which semed very informative. Allison noted
that these materials had been sent to the Safety and Disaster Preparedness
Camiittees for their information.
c) Allison - Gonrex1y and Associates
Allison noted that he had received two lett:ers from Mr. Goldman of Oo�ly &
Associates regarding the Site Development Ordinance and the Housing Element.
PASSED BY ODNSENSUS: Staff will review the draft site development ordinance
when it is received and will send it to the Planning Comission with a staff
report. Planning Conaiission will then schedule a piblic hearing on the draft
site develoFneft ordinance as soon as possible after receipt.
PASSED BY OON=US: Comnissioner Yanez will ask the Planning CamLission when
they will be available for a joint study session on the Housing Elewent.Dronkert
suggested one of the time options be a 5:00 - 7:00 p.m. meeting. It was also
agreed that the City Manager would advise the Plarauxig ConTassion when the
staff review of the housing el�t was cmplete to ensure that the Comnission,
and the Council had at least a week to review the materials.
H. S= - REPOWS, ODUESPONDENCE AND ANNOUNCEMENTS:
4W 1. City Manager:
4hir
2. City Attorney;
a) Claim - Ja�es Viso
The Assistant City Attorney requested that this item be continued to the
next Gouncil meeting.
MOTION SBODMED AND CAPRIED: Moved by Rydell, seconded by Dxonkert and passed
unaninously to continue consideration of the Claim from Mr. James Viso to the
next Council meeting.
3. Other:
I. NEW BUSniESS:
1. Request for EncroacImient Permit - Iands of Davis, 28545 Matadero creek iane
The City Engineer presented his report dated 3/15/85 which re=m�nded denial
of the applicant's request to have a monurent style mailbox within the Matadem
Creek Lane right-of-way and also recomrended that the applicant be directed to
rem�e the monument. In staff's opinion the mo n=ent posed a safety hazard because
of its size and placement near the road.
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CITY COUNCIL MINU= - March 20, 1985
I. NEW BUSINESS: Item 1. Tands of Davis (continued):
Mr. Stan Davis, applicant, addressed the Council concerning his mailbox. He
presented pictures of several other mailboxes and/or monuments in the Town,
asked for clarification of the definition of 'mailbox' and 'monument' and noted
that his mailbox was not in the pathway. He disagreed with safety issue stating
there were very few homes on the street and traffic was very light.
z, Chairman - Pathways Ccmmittee, asked Council to be careful of
precedbent. Already in Town them were several mailboxes, etc. placed
in the middle of pathways.
Mr. Dick Carter, applicant's builder asked if there was a section of the Town's
Code which stated the requirement for a mailbox, i.e. size, etc. He suggested
that if there was no such section, there should be one.
Council expressed serious concerns about the safety issue and the issue in general
of placing structures in the Town's right�f-way.
MOTION SECONDED AND CARRIED : Moved by Dronkert, seconded by Fuhrman and passed
unanimously to deny the applicant's request for a monumen t style mailbox in the
Matadero Creek lane right-of-way and to direct Mr. Davis to remove the mo nument.
Paquest for Encroachment Permit - Larils of Zepponi, 14401 Saddle Mountain Drive
The City Engineer in his report dated 3/15/85 reoccuended that the Council direct
the City Attorney to prepare an encroachment permit for two entrance gate posts
4W and fencing in the right-of-way adjacent to 14401 Saddle Mountain Drive. The City
Engineer noted that the gate posts were installed when the County was providing
building inspection servi ces and due to their distance from the road, the posts
and fence should not create a traffic hazzard.
Mr. Zepponi, applicant concurred with the staff report and appreciated any
consideration the Council could give him regarding his request.
4W
van Tamelen expressed her opposition to the granting of an encroachrent permit
for the posts and fence. In her opinion building should not be taking place in the
Town's right-of-ways. Rydell stated that he considered this application different
from the one Council had just discussed in that this request did not include a
safety iso, . Dronkert also ted that the posts and fence had been put in
when the County was providing the Town's inspection services. While an error had
been made, it had been an error made in good faith. The applicant had at the
time applied for inspections, etc.
MOTION SECONDED AM CAIURIED: Moved by Rydell, seconded by Dronkert arid passed by
the following roll call vote to direct the City Attorney to prepare an encroa chment
permit for two entrance gate posts and fencing in the right-of-way adjacent to
14401 Saddle Mountain Drive, Iands of Zepponi-
AYES: Mayor Alli�n and CounciLTembers Dronkert and Rydell
NOES: Councilmembers Fk�hrman and van Tamelen
ff.=
CITy COLuCIL MIND= - Mardi 20, 1985
NEW BuSINESS (continued) :
3. Request for Encroachr�t Permit - Lands of DelCostello, 28540 Matadero Creek Lane
The City Engh� presented his report dated 3/14/85 which reconTrended denial
of the applicant's request for an saorcach�t permit for a mo�t style mailbox,
entrance wall and sprinkler system M the Matadero Creek Lane right-Of-WaY. The
City Engineer further recmuended that Council direct the applicanttO remove these
improvements from the road right-of-way.
Council expressed their concerns about the placement of these improvements in
the Town Is right-of-ways. In addition concern was expressed that a portion of the
wall had been build over a PG&E vault.
MOTION SECONDED AND CARRIED: Moved by Fuhrman, seconded by Dronkert and passed
unanimotisly to deny the request from Mr. Del Oostello for an encroadment permit
for a manimient sytle mailbox, entrance wall and sprinkler system in the Matadero
Creek Lane right-of-way.
MOTION SBODNDED AM CARRIED: Moved by van Tamelen, seconded by Fuhruen and passed
unanimously to direct the applicant to remove the monument style mailbox, entrance
wall and sprinkler system from the road right-of-way.
PASSED BY OONSENSUS: To direct staff to draft a letter to the Architectural
Review Committee of the Matadero Creek Subdivision reviewing what issues are
covered m the Towi�'s Code that are partacularly applicable to the Ccnmittee's
review of the properties and suggestmg the Camiittee contact the staff if
#6W they have my questions concerning such matters as road right-of-ways, easements,
etc.
41W
Resolution # approving Suppl�t No. 1 to master agreement for
Federal Aid Projects, and authorizmg execution thereof
The City Engineer reported that he had received a request from Mr. Jake Louie
of the Department of Transportation on 3118/85 for approval of supplement no. 1
to Local Agency, State Agreement no. 04-5324 for funding of a federal -aid
emergency relief project. 0iice the supplement was approved, the appropriate
papaiwork could be filed for application of the funds.
MOTION SECONDED AND CARRIED: Ycved by Fuhrman, seconded by Dronkert and passed
unsaimnasly to adopt Resolution #22-85 approving Supplement No. I to master
agreement for federal aid projects, and authorizing execution thereof.
ADJOURZENT:
There being no further new or old business to discuss, the City Council adjourned
at 10:45 p.m.
go
Respectfully submitted,
Patricia Dowd, City Clerk