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HomeMy WebLinkAbout04/17/1985CITY COUNCIL TOM OF IAS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California n • �+ar is l Wednesday, April 17, 1985 co: Reel 165, Tr. II, Side I, 001 -end, Tr. II, Side II, 001-850 Mayor Allison called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Tv+m Hall. :J r: tw 9 a�.r • iryiyl�;MN7 Present: Mayor Allison and Councilmenpns Dronkert, Fuhrman and van Tamelen Absent: Councilmanber Rydell Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, Staff Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm: Arthur Lachenbruch Press: Sara Wykes, San Jose Mercury Items Removed: B.1 (Dxonkert), B.4.b) (applicant), B.5.b) (van Tamelen) and B.5.c) and d) (Allison) NOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Fulwnan and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $85,231.44 3. Resolutions for Adoption: a) Resolution #29-85 accepting easement deed and ordering recordation thereof (Lands of Lewis, 12723 Canario Way) b) Resolution #30-85 restricting the parking of motor vehicles along portions of Stonebrook Drive and El Monte Road c) Resolution #31-85 setting the time and place of public hearing on an application for a special land use permit (lards of Wentz, 23760 Fernhill Road, remodeling of existing residence) 4. Motions for Adoption: a) Motion setting May 1, 1985 as the Public Hearing Date for appeal of `• Planning Commission's denial of Site Development Application for Lands of Shockley, Moody Springs Court CITY COONCIL MffNOTFS - April 17, 1985 B. CONSENT CAIaIDAR (continued): 5. Actions of the Planning Commission: approved the following: a) LANDS OF STORINO, FILE VAR #1-85, 25631 Ia Lane Court, request for variance to exceed maximm wall height as specified in Section 9-5.503(c) by five feet MOTION SECONDED AND CARRIED: Moved by van Tuelen, seconded by Fuhrman and passed una'+++n sly by all members present to consider the items removed frau the Consent Calendar at this time rather than later in the meeting under 'unfinished business'. Items removed from the Consent Calendar: Approval of Minutes: April 3, 1985 MOTION SECONDED AMID CAIUZM): Moved by Dronkert, seconded by van Tamelen and passed unanimously by all me hers present to approve the minutes of the April 3, 1985 Council meeting as amended: page 2, Item D - last sentence should read 'The Caumission agreed to the following: Alterations referred to in Section 9-2.09(b) will not be exempted from the parameters of the Site Approval Chapter unless 1) less than 258 of the existing house total floor area is altered or the structure is increased by less than 258 of the existing house or 2) the alterations go through the Site Development process.; page 3, Item E.b), paragraph 1, line four should read ' . . These exceptions to the guidelines were mitigated. 1; page 5, Item G.l.a), line three, the ward 'preservation' should be changed to 'designation'; and page 6, Item G.2.a) should read 'van Tamelen reported that the Committee was WAW still working on the plans for the apricot shed for the Preserve. She could advise Council when these were conpleted.' 4. Motion for Adoption: b) Motion setting May 1, 1985 as the Public Hearing Date for Request for an extension of Site Development Permit for 27350 Juliette Lane, Lards of Quilici Mr. Leo Quilici, applicant, addressed the Council and asked if they could consider his request for an extension of his site develogment permit at this meeting rather than set a public hearing for the night of May 1, 1985. Mr. Quilici referred to his letter of 4/5/85 which explained the unexpected delays and oversights on their part which resulted in the expiration of their site development permit. He noted that at this time they were in the final stages of selecting a contractor and of making financial arrangements and they were petitioning Council's approval of a fourwreek extension of their permit. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rtuman and passed unanv cusly by all members present to grant an extension of four weeks (from the 4/17/85 Council meeting) for the site development permit for Lards of Quilici, 27350 Juliette Lane, based on the applicant's unawareness of the 'Town's policy concerning expiration of site development permits. -2- CITY COUNCIL MINUTES - April 17, 1985 B. CONSENT CALENDAR: Items Removed from the Consent Calendar (continued): `, 5. Actions of the Planning Cannission: approved the following: b) LANDS OF PLOUGH, FILE VAR #8-84, 24692 Olive Tree Court, request for variance to encroach into the front yard setback by a ntaxx ,m of ten feet and into the side yard setback by a mmaxinun of 6;' for the purpose of constructing a garage. van Tammelen stated that she had removed this item from the Consent Calendar for a report from the Planning Commissioner. Commissioner Lachenbruch stated that while the Commission had approved this variance request, he personally had voted against it as he had serious concerns about the interpretation of the variance requirenents. In his opinion the question was should the applicant be permitted to build out even further on a lot that was already heavily developed? MITION SEO)NDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert arra passed by the following roll call vote to concur with the Planning Commission's approval of Lands of Plough, File Variance 48-84. AYES: Councilmembers Dronkert, Fuhrman and van Tamelen NOES: Mayor Allison ABSENT: Councilme ber Rydell c) LANDS OF HUNTCN, FILE PM #9-84, 25600 Fernhill Drive, request for lot line adjustment d) LANDS OF WUBBELS/ALVAREZ, FILE PM #7-84, 13861 La Paloma Road, request for lot line adjustment Allison stated that he had removed these items from the Consent Calendar because previously. Council had stated that they would not grant variances in the future to less advantaged properties resulting from lot line adjustments. Did Council wish to specifically state their position again regarding the Lards of Huston and the Lards of vhrbbels/Alvarez? Mrs. Martha Hunton, applicant, explained that their purpose in requesting the lot line adjustment was to protect their home from nearby development on the next lot. She concurred with the proposal of an agreement precluding future requests for variances and it was agreed the City Attorney would prepare such an agreement for her signature. It was further agree] this docummmn would be/rrecorded. (AMMED The concern for future variance requests did not actually apply to the lot line adjustment for the Lands of WubbelsJAlvarez in that the adjustment would bring both lots into compliance with the local subdivision ordinance requirements. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to concur with the Planning Ccnmission's approval of the lot line adjustments for Lards of Hunton, File PM #9-84 and Lards of Wubbels/ Alvarez, File PM #7-84. C. PRFSENTATLONS FROM THE FLOOR: none -3- CITY NUNCIL MLNUPF$ - April 17, 1985 Cannissioner Lachenbruch noted that in addition to the four items approved by the Planning Cannission which had previously been reported on the Consent Calendar, the issue of antennas had been discussed at the last meeting. A report on this matter would be presented to the Council for their 5/1/85 meeting. Allison requested that the Planning Commission have a report arra recommendation dation on the proposed Site Development Ordinance for the Council's second meeting in May. A joint meeting on this ordinance would then be scheduled for May 29th. In conclusion Allison suggested that the Housing Element be discussed after the COMPletion of the Site Development Ordinance. E. SPECIAL ORDERS: Public Hearings: a) LANDS OF HU, 26705 St. Francis Drive, request for approval of a Special Land Use Permit to allow an addition to an existing residence having a height in excess of fifteen feet. The Staff Planner reported that staff reonnended approval of this special lard use permit based the project's conformance with all of the guidelines established for Ordinance #295. Mr. Hu, applicant, oanented that the original landscape plan, which had been approved by the Planning Carmission, was on hold subject to the approval of the land use permit. K)TION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to approve a special land use permit for the Lards of Hu for an addition to the existing residence having a height in excess of fifteen feet basad on the project's conformance with all the guidelines for Ordinance #295. b) LANDS OF HAD, Tract 6518, rot #7, Story Hill Lane, request for approval of a Special Lard Use Permit to allow a new residence having a height in excess of fifteen feet The Staff Planner noted that the Site Development Committee recommended approval of the proposed residence based on its conformance with most of the guidelines for Ordinance #295. Alan Huntsinger, applicant's engineer, noted that the plans had been redesigned several tines to conform to the Town's ordinances and the Hao 'a had made every effort to fit the house onto the property as well as possible. William Lee, applicant's architect oamented they were most concerned with a dignified, soothing type of architecture and they also planned to cork very closely with the landscape architect, Peter Wright Shaw. Mr. Lee also explained the importance of the location of the house. van Tamelen expressed her concerns about the visual impact of the house. In her opinion the development area was excessive for the lot and created an impact from off site. SG *(Gross axil Net Area, Average Slope, Site Circle CITY COUNCIL MINUTES -April 17, 1965 Slope, Lot Unit Factor, Maxi=m Development Area, Building Coverage Allowed, Existing Developnent Area, Proposed Development Area, Existing Building Coverage and P E. SPECIAL ORDERS: Item l.b) T nd of Hao (continued)roposed Building Coverage.) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhr an and passed by the following roll call vote to approve a special land use permit for the Lands of Hao for a new residence having a height in excess of fifteen feet based on the project's conformance with most of the guidelines for Ordinance #295 and the design review criteria for Matadero Creek, particularly Clause 21, paragraph 3 and 4 and Clause 22, paragraph 5. AYES: Mayor Allison and Councilmembers Dronkert and Fuhmman NOES: Councilmenber van Tamelen ABSENT: Council+enhAr Rydell C) LANDS OF MDIZION, Tract 6928, Lot #3 Westwind Way, request for approval of a Special Iand Use Permit to allow a new residence and pool house having a height in excess of fifteen feet. The Staff Planner reported that the Site Developnent Committee reocamenled approval of the proposed residence based on its confor ance with all the guidelines for Ordinance 4295. Allison and Dronkert congratulated Mrs. Morton for the outstanding design of the house and its sensitivity to the conaunity. MXION SEXDM ED AND CARRIED: Moved by van Tamelen, seconded by F ukuman and passed unanimously by all members present to approve a special land use permit, contingent upon recordation of a parcel map for lot consolidation, for the Lards of Morton (� for a new, residence having a height in excess of fifteen feet based on the project's conformance with all of the guidelines for Ordinance #295. Connussicner Ladnenbruch suggested a tabulation of all the special land use permits including Council co lents pro and con and the basic figures used for each applica- tion (i-,---MgArQ * Cc missioner Lachenbruch con anted this could provide a good working mechanism for the formulation of future ordinances. (AMSIDID BY COUNCIL 5/1/85) d) LANDS OF CREEKSIDE CO=, FILE TM. #11-84, Page Mill Road, request for approval of Tentative Map and Negative Declaration (6 lots) The Staff Planner referred to the staff report dated 4/12/85 which included the Planning Co[mission's recommendation that the negative declaration for Lards of Creekside Court be filed and the tentative map be approved subject to conditions of approval. MOTION MADE AND SECONDED: Moved by van Tamelen, seconded by Fuhrman to approve the negative declaration with mitigation measures for the Lands of Creekside Court. In view of the several questions regarding the conservation easement, Council agreed to discuss the negative declaration and the tentative map for Lands of Creekside Court as one issue before making a decision on the negative declaration. MOTION SECXkIDID AMID CAR=: Moved by Dronkert, seconded by Fuhz an and passed by the following roll call vote to table the motion to approve the negative declaration for Lards of Creekside Court. AYES: Mayor Allison and CounCilMMbers Dronkert and Euhrman NOES: Councilnonber van Tamelen ABSENT: Ccuncibnmber Rydell -5- CITY OD[NCIL KMITES - April 17, 1985 E. SPECIAL ORDERS: Item l.d) Lands of Creekside Court (continued): VAW Mr. Robert Foulk, applicant, disagreed with the Planning Commission's recammnda- tion of a 50' conservation easement along Matadero Creek. While he acknowledged this was a riparian habitat, he expressed the opinion that 50' was excessive and suggested a 20' conservation easement with appropriate plantings. Mr. Clayton Bavor, 13816 Page Mill Road, strongly supported the conservation easement as proposed by the Planning Commission. The easement would alleviate the erosion problem, protect the animals and provide a mise buffer to the neighboring properties. Mr. Bavor also questioned the placement of the pathway along his property. He was particularly concerned about the erosion problem and the impact on his privacy. Barbara Trvon, member - Pathways Committee, reported that the slope had been a deciding factor in placing the path. Mrs. Raymond Handley, 13818 Page Mill Road, suggested that the placement of the pathway should be the burden of the developer, not the present neighbors. Mr. Richard Stark, 13686 Page Mill Road, concurred with Mrs. Hanlley's convents. He also supported the conservation easement as proposed by the Planning Commission and further suggested that a covenant be placed in the deed by the developer to insure architecturally sensitive hones. Mr. Edward Stewart, 27850 Limine Road, asked if Mr. Foulk would agree to future sewer hook-ups. Mr. Foulk concurred, noting it would be along lot 5 on Faun Hill Ct. Mr. Foulk, applicant, in response to questions concerning drainage, noted that the drainage world all go to Fawn Hill Ct., not to the Bavor's property. Mr. Foulk also commented that there would be architectural control of the property and that he had agreed to the change of name from Creekside Court to Fawn Hill Ct. MM70N SECONDED AND FA=: Moved by van. Tamelen, seconded by FUhrmsn and failed by the following roll call vote to approve the conservation easement as proposed by the Planning Commission. AYES: COunlcilmuRwrs Fuhrnen and van Tamelen WES: Mayor Allison and Coumilme bee Dronkert ABSENT: Councilmemoer Rydell Dronkert courented that in her opinion the conservation easement as recommended by the Planning Comussion was not equitable to other properties in the Town. MOTION FA= DUE TO LACK OF A SECOND: hbved by Dronkert to require a 30' con- servation easement with a 50' setback for any structure. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed by the following roll call vote to approve a 30' conservation easement for lot #6 on one side and to the property line on the other side, with a 50' setback. AYES: Mayor Allison and Ccuncilmembers Dronkert and Fuhnnan NOES: Councilmember van Tamelen ABSENT: Cbuncilmenber Rydell CITY COUNCIL MINUTES - April 17, 1985 E. SPECIAL ORDERS: Item l.d) Lands of Creekside Court (continued): MOTION SECtlfIDID AND CARRIED: Moved by van Tamelen, seconded by Fuhx and passed unanimously by all members present to add Condition l.g as follows: 'The owner shall dedicate a sanitary sewer easement on lot #5 between Fawn Hill Court and the southerly property line of lot #5 to the satisfaction of the City Engineer. This easement is to be on the easterly side of Matadero Creek and is for the purpose of facilitating future sewer main extension to the Lupine Road area.' PASSED BY NNSENSUS: In addition to Condition l.g, the following conditions were amended and/or added by Council for the Lards of Creekside Court (naw known as Fawn Hill Court): Condition l.b: amended to read ". . . . . .vicinity of the present toe of bank of Page Mull laud along lots 5 & 6. . . . . Condition l.e: amended to read "The owner shall dedicate an open space and con- servation easement along Matadero Creek. The cul-de-sac crossing shall be the only impm ent allowed across Matadero Creek. On lot #6, the easement shall extend from the easterly property line of lot #6 to a line 30 feet from the westerly top of bank of the creek. On lot #5, the easement shall extend from a line 30 feet easterly from the easterly top of the bank of the creek to the Page Mill Farad right of way, enompassing the entire portion of lot #5 westerly of Matadero Creek. No grading or vegetation clearance shall be allowed in the easenent, except for agricultural use (without structures) in the portion of lot #5 between Page Mill Road and a line 70 feet westerly from the westerly top of creek bank. On lot #6, no structures shall be allowed within 50 feet of the westerly top of bank of Matadem Creek." Condition 2.a: amended to read .each residential structure and driveway shall be developed by the applicant's geotechnical consultant. The site-specific. . Condition 3.a: amended to read "The Omer shall construct a Type IID pathway along the entire easement on Condition l.b and along the toe of the bank of Page Mill Road, along the entire north edge of the proposed cul-de-sac frau Page Mill Road to a point located between lots 2 and 3 to the satisfaction of the City Engineer and the Pathway Com iuttee. The pathway should be separated from paved travelways On Page Mill Road and Fawn Hill Court by at least 5' where practicable." Condition 6.a: amended to read "Fawn Hill Court instead of Fawn Hill Road." Condition 7.a: amended to read "Fawn Hill Court instead of Fawn Hill Road." Condition 7.d.: amended to read ". . .These hydrants shall be installed as part of the subdivision improvements." Delete Conditions 7.f, 7.g, and 7.h. MOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by FUhrman and passel unnanimusly by all msnbers present to remove consideration of the negative declaration from table. L MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by PUhrman and passel unamm usly by all medoers present to approve the negative declaration for the Lands of Creekside Court (now known as Fawn Hill Court) with the mitigation measure of a conservation easement. -7- CITY COUNCIL MINUTES - April 17, 1985 E. SPECIAL ORDERS: Item l.d) Tails of Creehside Court (continued): MYTION SBMNIDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed by the following roll call vote to go past the hour of adjournnent of 11:30 p.m. AYES: Mayor Allison and Councilmenbers Dronkert and van Tamelen NOES: Councilmember Fuhnnan ABSENT: Councilmember Rydell Councilmember Fuhnmian left the meeting at 11:40 p.m. M7TION SDC)MED AMID CARRIED: Moved by van Tamalen, seconded by Dronkert and passed unanimously by all members present to approve the Tentative Map for the Lands of Creekside Court (now known as Fawn Hill Court), File IM #11-84, subject to the conditions of approval as reocnwe+ded by the Planning Commission and as amended by Council. e) LAMS OF BERRY HILL, UNIT II, FILE TM #9-84, request for approval of tentative map (7 lots) NDTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to continue consideration of this item to the next Council meeting, with the concurrence of the applicant. 2. Resolution #_approving and authorizing execution of addendum to agreement between the City of the Town of Los Altos Hills and Richard G. Iandi (Maintenance of Palo Alto Sewers) The City Engineer noted that the addendum before Council provided for lateral rodding service in the Palo Alto Sewer Basin. This service is part of emergency maintenance and is used to determine if the sewer blockage is in the main or the lateral. M7TION SBaWED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #32-85 approving and authorizing execution of addendum to agreement between the City of the Town of Ios Altos Hills and Richard G. Lalli 3. Resolution #_approving and authorizing execution of addendum to agreement for audit services between the City of the Town of Ins Altos Hills and George P. Delucchi & Associates The addendum before Council provided for a payment of a total amount of $5,100 for all auditing services for fiscal year 1984-85. NDTION SEMNDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all madders present to adopt Resolution #33-85 approving and authorizing execution of addendum to agreement for audit services between the City of the Town of Ins Altos Hills and George P. Delucchi and Associates. 511 CM COUNCIL, MIN= - April 17, 1985 F. UNFINISHED BUSINESS: 1. Report on possible relocation of Los Altos Historic Building The City Manager presented his report dated 4/12/85 which outlined the cost, use and approval procedure related to the possible relocation of the house under discussion. In part the report noted that the estimated cost would be $23,299 and possible uses would be filing space for Tbwn records and improved meeting areas for the Town committees. Council accepted the City Manager's report and while not commtitting the Town to any financial obligation, did direct staff to continue the administrative permit process. Mr. Frank Lloyd, owner of the Eschenbruecher douse, presented Council with sole additrona-L rustoricai background on the Foae. MXION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unan;m usly by all menawrc present to adopt Resolution #34-85 setting the time and place of public hearing on an application for a special land use permit (Esdnenbruecher House - hearing scheduled for May 1, 1985) Guidelines for Ordinance 0295 van Tamelen requested a report from staff at the next meeting on her recamendation that an additional guideline be added to those established for Ordinance #295 which would eliminate the grandfather clause. G. SPECIAL REPORTS: 1. Reports from Standing Counuttees: none 2. Reports from Fd Hoc Camdttees: none 3. Conments from the Council: a) Allison - Request from E1 Camino Hospital District Corporation for Council representative on Coumaity Roundtable to discuss the proposed Continuing Care Retirement Center PASS® BY NNSENSUS: To appoint Councilmenber Nan Fuhrman to the County Roundtable to discuss the proposed Continuing Care Retirement Center. b) Allison - 'Bottle Bill' Allison asked the Council if they agreed a letter should be sent to Senator Morgan supporting the 'Bottle Bill': Council agreed that expressions of support on this matter should be done on an individual basis. c) Allison - City Manager Review Alli son noted that the six-month review of the City Manager's position was due. y, It was agreed an Executive Session world be scheduled for the May 15, 1985 Council meeting. CITY COUNCIL MD= - April 17, 1985 H. STAFF - REPOWS, CORRESPONDENCE AND ANNOUNCEME SIS: 1. City Manager: a) SB 290 In response to a request f= van Tamelen for a report on SB 290 (Transportation Finance Bill), the City Manager referred Council to a League of California Cities Bulletin dated 2/8/85 for a summary of the issue. 2. City Attorney: 3. Other: I. NEW BUSINESS: 1. Amendment of Conditional Use Permit Procedure PASSED BY CONSENSUS: To continue this item for a report from the Mayor, the Planning Caanission Charman and the City Manager who will meet to discuss this matter. 2. Joint Awards Cmmittee: approval of policy and appointments to committee van Ta<nelen referred to her report dated 9/10/85 which stated that the Los Altos and Los Altos Hills Councils were requested to sponsor on an annual basis the volunteer awards luncheon by adopting the policy dated 9/10/85. The Council was also requested to appoint three committee m enbers to serve for two year periods. PASSED BY CONSENSUS: To adopt the policy for the Joint IDs Altos/IDs Altos Hills Volunteer Awards Iancheon. PASSED BY CONSENSUS: Tb appoint Councilmemoer lou se Dronkert, Mary Stutz and Ray Loughmiller to the Joint Awards Coamittee for a period of two years. 3. Reorganization of Council: a) Vacation of Office of Mayor and Mayor Pro Tempore MOTION SEOONDED AND CARRIED: Moved by Allison, seconded by Dronkert and passel unanimously by all members present to vacate the office of Mayor and Mayor Pro Tempore. b) Election of Mayor MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed unanimously by all menbers present to nominate Dronkert as Mayor for a term of one year. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and gassed to cast a white ballot vote electing Dronkert as Mayor. -10- CITY COUNCIL MaVIES - April 17, 1985 I. NEW BUSINESS: (continued): O"W C) Election of Mayor Pro Teapore »Vmlm MOTION SECONDED AMID CAIT=: Moved by van Tamelen, seconded by Allison and passed unanimously by all monbers present to nominate FUhrman as Mayor Pm Tempore. MOTION SECOM M AMID CARRIED: Moved by van Tamelen, seconded by Allison and passed to cast a white ballot electing Fituanan as Mayor Pro Tempore. Outgoing Mayor Allison was presented his gavel mounted on a plague and a framed picture of the Town's seal in honor of his leadership and achievements during the past year as Mayor. J. ADJOUR@'=: There being no further new or old business to discuss, the City Council adjourned at 12:10 a.m. Respectfully sutmitted, Patricia Dad, City Clerk -11-