HomeMy WebLinkAbout06/05/1985CITY CDUNCIL
TOM OF LOS ALTOS HILTS
26379 Freront Toad
Los Altos Hills, California
Wednesday, June 5, 1985
Co: Reel 167, Tr. I, Side II, 001-1070
Mayor Pro Tan Fuh,man Called the Regular Meeting of the City Ccuncil to order at
7:30 p.m. in the Council Chambers at Town Hall.
Y Y• I ' ]U r • D Y
Present: Mayor Pro Ten Puhrman and Ocuncilmembers Allison and van Tamelen
Absent: Mayor Dronkert and Councidmember Rydell
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, Lori Scott - Martin & Carpenter, and Pat
Dand, City Clerk
Planning
cam: Judith CariCo
Press: Sara Wykes, San Jose Mercury
Itan Raroved: B.1 - 5/15185 minutes (City Manages)
DOTIN SEO7NDFS AND CARRIES: Moved by van Taielen, seconded by Allison and passed
unanimously by all members present to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: May 29, 1985
2. Approval of Warrants: $106,525.67 and $1,466.07
3. Resolutions for Adoption:
a) Resolution #53-85 accepting as convleted the cork of construction of
1984 street improvements, authorizing final payment Concerning such
work, and directing the City Clerk to file notice of conpletion
b) Resolution #54-85 approving Local Solid Waste Enfoxcenent Program Plan
c) Resolution #55-85 setting the time and place of public hearing on an
application for a special land use permit (Lards of Nowack, 13535 Country
Way)
d) Resolution #56-85 setting the time and place of public hearing on an
application for a special land use permit (Lands of Pond, 11635 Jessica
Lane)
*Counci7,aTFwrs Allison and van Tamelen abstained from approval of the minutes of
the 5/29/85 meeting as they were not present on that date.
CT1'Y COUNCIL. MM= - June 5, 1985
B. CONSENT CALENDAR: (continued)
e) Resolution #57-85 setting the time and place of public hearing on an
application for a special laid use permit (Lands of Del Carlo, 13117
LaBarranca)
f) Resolution #58-85 setting the time and place of public hearing on an
application for a special land use permit (Lards of Plough, 24692 Olive
Tree Court)
4. Request from Human Relations Commission (Santa Clara County) for waiver of
fees for City Council agendas and minutes
5. Notion for Adoption:
a) Notion setting June 19, 1985 as the Public Hearing bate for Lands of
Sayer, 25391 O'Keefe Lane, for appeal of Site Development Cartmittee's
decision regarding driveway.
C. PRESENTATIONS FIUM THE FIODR•
Dr. heathy, 11632 Rebecca Lane, began to address the Council concerning the
placement of pillars on his property. Dr. Mnthy was advised that this item
would be discussed under public hearings.
D. REPORT FROM THE PIANIIVINO CONAISSION:
Connissioner Carieo reported that at the 5/22/85 meeting, the following actions
were taken: 1) extension of conditional use permit for Lands of Bellucci, File
CUP #3-80 was approved as modified; 2) site development permit approved for Lands
of Fenwick, 28011 Elena Road; 3) building setback lines established for Lands of
Shockley, 12005 Moody Springs Court as follows - 40' setback frau Moody Road and
30' setback from Moody Springs Court. The Commission also discussed the Site
Development Ordinance and set 6/12/85 as the public hearing concerning the site
development amendments and proposed negative declaration. Commission Cari noted
that the matter of processing use permits would be reviewed at their next meeting.
van Tamelen requested clarification from the Planning Cmrdssion on the following:
regarding special land use permits, are the 2,000 square feet in NIDA or part of
the building coverage? The Planning Commission will report back to the Council
on this matter at a later date.
E. SPECIAL ORDERS:
1. Public Hearings:
a) LANDS OF SFAC=, Moody Springs Court, appeal of Planning Commission's
denial of Site Development application
This item has been continued to the June 19, 1985 meeting at the request
of the applicant.
h) LANDS OF n NSEY DFVELAPMWr, 26000 Elena Road, request for a special
taw- .land use permit to allow construction of a new residence having a height
in excess of fifteen feet.
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CITY CDUNCIL MINUTES - June 5, 1985
E. SPECIAL ORDERS: Item l.b) Lands of Mmsey Developnent (continued):
Lori Scott presented the Staff Planner's report dated 5/30/85 which stated that
the Site Developnent Committee re=arerded approval of a special lard use permit
for a new residence at 26000 Elena Iniad
Anne Dewey, neighbor, asked why this property needed a special lard use permit.
Allison explained the urgency ordinance which required review by the Council of
certain projects and the issuance of special lair] use permits.
MOTION SEOD= AND CARRIES: Moved by Allison, seconded by van Tamelen and passed
by the following roll call vote to approve a special lair] use pernmit for the Lands
of Munsey Development for a new residence having a height in excess of fifteen
feet Lased on the project's conformance with the guidelines for Ordinance #295.
AYES: Mayor Pro Ten Fubr an and Councilmener Allison
NOES: Councilmember van Tammelen
ABSENT: Mayor Dronkert and Councilnwm,ar Rydell
van Tanelen stated that the grading map for this project was inadequate.
c) LANDS OF STAUSS, 25851 Vinedo Lane, request for a special lard use permit
to allow a remodel and addition having a height in excess of fifteen feet
Lori Scott presented the Staff Planner's report dated 5/30/85 which stated that
the Site Development Ccm mittee recommended ended approval of a special lard use permit
for an addition at 25851 Vinedo Lane.
Mr. William Sherman, 25901 Venido Lore, stated that he had not been notified of
the hearing and expressed his concerns that the addition would be visible from his
home and would reduce his property value.
Mr. Eric Stauss, applicant, apologized that Mr. Sherman had not been notified and
offered to personally show Mr. Sherman his plans for the addition. Mr. Stauss
further oammented that the addition would not be visible to Mr. Sherman as the
trees would extend beyond the addition.
MOTION SEO=ED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed
unanimously by all menders present to approve a special land use permit for the
Lards of Stauss for an addition having a height in excess of fifteen feet based
on the project's conformance with the guidelines for ordinance #295.
van Tenelen suggested that Mr. Stauss and Mr. Sherman get together to discuss the
project and their concerns.
d) LAMS OF OWEN HOD'S, Lot #2, Bentley Court, request for a special land
use permit to allow construction of a new residence having a height in
excess of fifteen feet.
Iori Scott presented the Staff Planner's report dated 5/30/85 which stated that
the Site Developnent Committee recemended approval of a special land use permit
for a new residence at Int #2, Bentley Court.
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CITY CWWIL MINUTES - June 5, 1985
E.
SPECIAL ORDERS: Item l.d) LANDS OF OWEN HOMES (continued) :
Ren Pastrof, applicant's representative, stated that they were in agreement with
the 5/30/85 staff report. He did inquire if the new owners of the hone could,
after final map approval, repaint the house in a color of their voice. Staff
responded that the owners could do this.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Euhrman and passed
��.��1�
by the following roll call vote to approve a special land use Permit for the And
of Owen Hames for a new residence having a height in excess of fifteen feet based
on the project's conformance with the guidelines for Ordinance #295.
AYES: Mayor Pro Ten Fbh>mran and Councilmember van Tamelen
NOES: Councilmenber Allison
ABSENT: Mayor Dronkert and Councihnember Rydell
e) LANDS OF FENWICK, 28011 Elegy Road, request for a special land use permit
to allow construction of a new residence having a height in excess of
fifteen feet
Lori Scott presented the Staff Planner's report dated 5/30/85 which stated that
the Site Development Comdttee recommended approval of a special land use permit
for a new residence at 28011 Elena Road, conditioned upon final recordation of the
Parcel Map.
Mr. Beck, applicant's landscape architect, presented an extensive slide review of
the proposed project from both on and off site for Council's inforniation.
Mr. Goodwin Steinberg, applicant's architect, omuented that there was a coordinated
effort between the anticipated building program and the impletion of the landscaping.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by F kh and passed
unanimously to approve a special land use permit for the Lands of Fenwick for a new
residence having a height in excess of fifteen feet based on the project's confor-
mance with the guidelines of Ordinance #295.
Allison commented on the tremendous sensitivity shown to the environment in this
project and commended the applicant.
f) LANDS OF STEWARD/MC, 13456 Mandoli Drive, request for a special land
use permit to allow a garage addition having a height in excess of fifteen
feet
Lori Scott presented the Staff Planner's report dated 5/30/85 which stated that
the Site Development Cosuattee recd mended approval of a special lard use permit
for an addition at 13456 Mandoli Drive.
Dr. Willis, 26970 Arastradero Iniad, inquired if there were any windows in the pro-
posed project which would affect his privacy. He was advised that there were no
such windows and there could also be no removal of the trees.
MMON SECONDED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed unani-
mously by all members present to approve a special land use permit for the Lands of
L
Steswart/Wong for an addition having a height in excess of fifteen feet based on
the project's conformance with the guidelines for Ordinance 0295.
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CITY COUNCIL MIN= - June 5, 1985
- E. SPECIAL ORDERS: Public Hearings (continued):
f) LANDS OF MJIMi , 11632 Rebecca lane, appeal of administrative decision
regarding zoning ordinance (placement of pillars)
Lori Scott presented the Staff Planner's 6/3/85 report which contained a summary
of the meetings and decisions concerning Lands of Mnrthy. In part the report
stated that in 9/84 Dr. Murthy's landscaping plans were approved but the placement
of the pillars was not approved. In 10/84 the Marthys were advised by letter that
the monuments were specifically excluded from the approval of the landscaping plan.
In response to an appeal by the Murthys, the Planning Commission upheld the staff's
interpretation of the zoning ordinance and the Nhnrthys were advised by letter in
11/84 that the proposed monurents could not be approved.
Dr. Horthy, applicant, stated he had received a blueprint which he understood gave
hon authorization to proceed with the monuments. In addition he cited several
examples in the Tbwn of pillars placed in similar locations and presented Council
with photographs to verify his findings. He questioned why his situation was being
singled out and he requested authorization to keep the pillars where they were and
where he thought he had had approval to place then.
Council discussed whether to decide on this matter now or wait until they had a
full Council. van Tameden commented that Dr. rhmrthy had received three letters
stating that the monuments were not approved.
M FION SBOONDID ASID CARRIED: Moved by Allison, seconded by van Tamelen and passed
k unanimously to uphold the administrative decision regarding the zoning ordinance,
specifically regarding the placement of pillars at the entrance to LANDS OF K31C iY,
11632 Rebecca Lane.
Dr. Horthy, applicant, asked what his next course of action was and was informed
that he could remove the pillars or apply for a variance.
F. UNFINISHED BUSINESS:
1. Resolution #_amending Resolution #51-85 concerning Tally Ho Subdivision
The City Manager requested this item be discussed later in the meeting so that
the applicant could be present. Council concurred with this request.
2. Processing of Use Permits: Inconsistencies
MY= SECONDED AND CARRIED: Moved by van Tanelen, seconded by Fuhxman and passed
unanimously by all nbambers present to continue this item
Planning Commission's re�dation on the matter. pending receipt of the
�mm
3. Request from Ios Altos Hills Horsemen' Association
The City Manager reported that the Horsemevs' Association was requesting that the
Torun purchase materials for a sprinkler system at the Town Ring which the Association
would install. Staff supported this request.
M)TION SECONDED AND CARRIED: Moved by Allison, seconded by Fuh man and passed
unanimously by all members present to approve the request from the Horsemen'
Association for a sprinkler system at the Town Ring.
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CITY CDUNCIL MINUTES - June 5, 1965
F. UNFINISHED BUSINESS: Item 3. Rimiest frau HOISeeens' Association (continued):
PASSED BY CONSENSUS: To direct the City Manager to use his best judgement in
evaluating the costs of the sprinkler system, e.g. installation of meter, water.
4. Issuance of Certificate of Compliance - LANDS OF BECKER, Elena Road
This item had been continued from the last meeting and a conditional certificate
of compliance had been prepared by the City Attorney with which the applicants
had agreed.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to adopt Resolution #59-85 approving issuance
of conditional certificate of compliance to Charles J. Becker and Sharon K. Becker
and authorizing execution thereof, and ordering recordation thereof.
5. Item Removed from the Consent Calendar:
a) Approval of Minutes: May 15, 1985
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed
unanimously by all members present to approve the May 15, 1985 Council meeting
minutes amended as follows: page 5. Item E.1.d), paragraph 4, to read "
presented with plans that were known to be inaccurate."; page 10, Item I.1 insert
the following paragraph before the motions: "Rydell stated that on roads like the
one he lives on Los Altos Garbage Company uses open pick-up trucks to collect
garbage often resulting in debris being strewn on the road. Rydell asked staff if
the use of open pick-ups violated the Plan. Staff indicated they would investigate.";
page 11, Item I.3 - delete.
G. SPECIAL REPORTS:
1. Reports from Standing Committees:
a) Safety Committee:
Allison reported that Barbara Tryon was recently appointed Chairman of the Safety
Committee. He further noted that the Committee was recommending a change in the
size of their committee to seven members. In view of the resignations from the
Safety Committee, this resulted in a vacancy on the Safety Committee and it was
agreed this vacancy would be advertised in the Town Crier.
2. Reports from Ad Hoc Committees;
a) Heritage House Ad Hoc Committee:
Allison reported that he had been appointed Chairman of this Ad Hoc Committee.
He also noted that on June 6th there would be a meeting of the Apricot Alliance
to determine the date of the open house prior to the moving of the Heritage House
to Los Altos Hills.
CITY COUNCIL MINUTES - June 5, 1985
(
G. AUmcrer. ummumc: (continued):
> W 3. Comments from the Council:
a) Allison - Intergovernmental Council
Allison reported that at the last IGC Meeting the following items had been dis-
cussed: 1) request from Los Altos Hills for support of AB2020; 2) request from
Los Altos for support of AB290; 3) appointment from IGC to Transportation
Commission; Q) election of IGC Chairman and Vice Chairman for the coming year; and
5) work program for the coming year.
b) van Tamelen - LOCC - Peninsula Division
van Tamelen reported that the League was not particularly pleased with Foran's
AB300. They considered it a stop gap measure.
H. STAFF - REPORTS. CORRESPONDENCE AND ANNOUNCEMENTS:
1. City Manager:
a) Simplification of Zoning Ordinance
The City Manager presented his report dated 5/31/85 which included the recommenda-
tion that the Town begin to revise the zoning ordinances, specifically those
addressing height and development area, with the purpose of simplifying the review
process. The City Manager also recommended that this review take place at the
conclusion of the Planning Commission's review of the Site Development Ordinance.
Allison, with van Tamelen concurring, suggested that the Commission review the
Site Development Ordinance and the height ordinances at the same time, and that
the Manager prepare a recommendation to the Commission concerning the height
ordinances.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to direct the Planning Commission to initiate
a review of zoning ordinance building height limits and to direct the City Manager
to prepare a recommendation to the Commission concerning height ordinances.
van Tamelen also noted that in the Site Development Ordinance as proposed there
was no reference to the requirement for a Type IIB foundation on 15% slopes. This
should be added to the Planning Commission's review of the Site Development Ordinance,
2. City Attorney:
a) Liu vs. Town
The City Attorney reported that James Viso had filed a complaint against the Town
in the Liu lawsuit for indemnification. The City Attorney recommended that in
addition to answering the complaint, the Council authorize Mr. Matteoni to file a
cross complaint against Mr. Viso for indemnification which would ask that if any
judgment were returned against the Town, Mr. Viso would be required to pay it.
LW MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to authorize Mr. Matteoni to file a cross-
complaint against Mr. Viso for indemnification.
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CITY COUNCIL MINUTES - June 5, 1985
H. STAFF - REPORTS. CORRESPONDENCE AND ANNOUNCEKENTS: (continued):
a
%ov 3. City Clerk: Report on Council Correspondence
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to accept the report on Council Correspondence
dated 5/31/85 and on file at Town Hall as read by the City Clerk.
van Tamelen commented on a letter received after the Clerk's 5/31/85 report
from residents (Mandels) concerned about an excessive amount of fill on a nearby
project. The City Manager responded that the amount of dirt was acceptable if
temporary; however, if it became permanent it would be in violation of the Town's
ordinances. A revised application had been submitted very recently to the Town
and the neighbors would be notified again regarding the plans. If it becomes a
violation, a modification of the site development permit would be required or the
fill would need to be removed.
4. Other: none
I. NEW BUSINESS:
1. Request from Mr, and Mrs. Henderson regarding lot split
The City Manager reported that the Hendersons wish to split their property but are
slightly short of the necessary two lot unit factors. The request before Council
from the Hendersons was for the Town to deed a portion of the Town',s land to them
so that they could obtain the necessary 2.0 lot unit factor. Staff did not see a
` problem with the request but Council needed to decide if they wished to allow a new
4I lot to be created by the sale of Town land.
bow
Allison thought it appropriate to sell the land but questioned how the cost should
be determined. The City Attorney responded that Council, if they wished, should
authorize an appraisal from an outside source and the appraisal should take into
consideration the financial value of the land to the applicants, van Tamelen was
concerned about the formation of another lot by the sale of Town -owned land but was
somewhat appeased in that it was very close to two lots now. Commissioner Carico
suggested the present request be carefully looked at; it had been the Town's policy
at one time not to sell Town -owned land designated as open space.
Mrs. Henderson, applicant, noted they had been residents in the Town for 20 years.
She commented eir acreage was actually adequate but the dedication of a long
frontage along Purissima Road made it just short of the necessary amount for a lot
split. Mrs. Henderson also noted that they were not developers; their son wanted
to buy the lot.
PASSED BY CONSENSUS: To continue this item for review by the full Council, to
request the Planning Commission to review this request and submit a report for
consideration by the Council, and to place this item at the beginning of the
Council agenda on which it is placed.
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CITY COUNCIL MINUTES - June 5, 1985
I. NEW BUSINESS (continued):
14WAp 2. Resolution #_adopting the 1985-86 Los Altos Sewer Rate
The City Manager reported that the contract with Los Altos for sewer service
provides that the City will notify the Town by 515/85 of the annual service
charge for the coming year. Los Altos has notified the Town that the sewer
rate of $12.50 will remain the same and an adjustment based on actual 1965-86
cost will be made in the 1986-87 billing.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to adopt Resolution #60-85 approving annual
sewer service charge within the Los Altos Drainage Basin.
3. Resolution # amending Resolution #51-85 concerning Tally Ho Subdivision
Council had before them the Mayor's memo dated 5/23/85 which recommended that
Council consider an amendment to condition 4.a) of the conditions of approval
for the Tally Ho Subdivision which would have the condition apply to development
of Parcel C.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to adopt Resolution #61-85 amending Resolution
#51-85 concerning Tally Ho Subdivision.
J. ADJOURNMENT:
There being no further new or old business to discuss, the City Council adjourned
at 10:30 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk