HomeMy WebLinkAbout09/18/1985CITY COUNCIL
TOM OF IAS ALTOS HILTS
%w 26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, Septemher 18, 1985
ou: Reel 170, Tr. II, Side I, 001 -end, Tr. II, Side II, 001-306
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:40 p.m.
in the Council Chambers at Town Hall.
A. ROLL CAIS, AMID PLEDGE OF ALLEGIANCE:
Present: Mayor Drunken and Councilmerbers Allison, Fuhrnan and Rydell
Absent: CouncilnEmber van Tamelen
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle and City Clerk
Pat Dowd
Planning
Calm: Carol Gottlieb
Press: Andrea Behr, San Jose Mercury; Bruce Barton, Los Altos Town Crier
` B. CONSENT CALENDAR:
bw Item Removed: B.1 (Drcnkert), B.4a (applicant), B.Sa) and B.6a) (Allison)
MOTION SECONDED AMID CARRIED: Moved by Euhrman, seconded by Allison and passed unani-
nqusly by all nembers present to approve the balance of the Consent Calendar,
specifically:
2. Approval of Warrants: $34,141.57
3. Motion for Adoption:
a) Motion setting October 2, 1985 as the Public Hearing Date for the Lands of
Jones, File TM #1-85, request for approval of tentative map and negative
declaration (2 lots)
6. Resolutions for Adoption:
b) Resolution #125-85 setting the time and place of public hearing on an
application for a special land use permit (Lands of Mozart - 11626 Dawson)
c) Resolution #126-85 setting the time and place of public hearing on an
application for a special land use permit (Lards of Nowwack - Country Way)
d) Resolution #127-85 setting the time and place of public hearing on an
application for a special land use permit (Lands of Lisac - 13850 Te`pleton P1.)
CITY COONCIL MIWTfE'S - September 18, 1985
C. PRESENTATIONS FROM THE FLOOR:
D. REPORT FR3M THE PLANNING Ca AMISSION:
Co Mlssioner Gottlieb reported that the following actions were taken at the 9/11/85
Cb,mmission meeting: Lands of Hamilton, File VAR #3-85 - variance approved; Lands of
Robles, File SA #5-85, recur mnded granting of site approval; Lands of Jones, File
TM #1-85 recommended approval of tentative map and negative declaration. Commissioner
Gottlieb further noted that a Site Development Permit was approved for Lands of
Mozart, 11627 Dawson Drive, for garages and driveway. Mrs. Gottlieb noted that the
Cmmmission expressed serious concerns about this subject. Although the request from
the applicant met all of the Town's requirements, the Cmrdssion was not in favor of
the concept of a garage to louse approximately 35 cars.
Council discussed the Lands of Mozart and questioned whether a 35 -car garage qualified
as a customary incidental to a single family residence.
Mayor Dronkert appealed the Planning Commission's approval of a site development
permit for garages and driveway on the Lands of Mozart, 11627 Dawson Drive, and
appealed the issuance of a zoning permit for Lands of Mozart by the Zoning Adminis-
trator.
M17PI0N SEOaVED AMID CARRIED: Moved by Allison, seconded by Fl,h,man and passed unani-
mously by all nEmberc present to waive the appeal filing fee of $135.
E. SPECIAL ORDERS:
1. Public Hearings:
a) LANDS OF ARMSIRWG, 25605 Fernhill, request for a special land use permit
to allow an addition having a height in excess of fifteen feet
The Town Plamurer presented her staff report dated 9/12/85 which noted that staff
rea mended approval of the special land use permit for the proposed addition based
on the project's conformance with the guidelines of Ordinance #295.
NOTION SECONDED AMID CARP=: Moved by FUhrman, seconded by Rydell and passed unani-
mously by all members present to approve a special lard use permit for the Laois of
Armstrong for an addition having a height in excess of fifteen feet based on the
Project's conformance with the guidelines for Ordinance #295.
b) LANDS OF VniCEW, 27290 Natoma, request for a special lard use permit to
allow remodeling having a height in excess of fifteen feet
The Town Planner presented her staff report dated 9/13/85 which noted that staff
recamerded approval of the special land use permit for the proposed addition
based on the project's conformance with the guidelines for Oxdinance #295.
MWICN SECOMED AMID CARRIED: Moved by Fuhrman, seconded by Allison and passed unani-
mously by all members present to approve a special lard use permit for the Lands of
Vincent for an addition having a height in excess of fifteen feet based on the
Project's conformance with the guidelines for Ordinanoe #295.
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CITY COUNCIL MIIVUTFS - September 18, 1985
E. SPECIAL ORDERS: 1. Public Hearings (Continured):
c) LAbW OF B.ABAYAN, Lot #4, Atherton Court, request for a special lard use
permit to allow Construction of a new residence having a height in excess
of fifteen feet.
The 'Town Planner presented her staff report dated 9/13/85 which noted that the Site
Development Corviktee recommended approval of the Special Land Use Permit for the
proposed new residence based on the project's Conformance with the guidelines of
Ordinance #295.
M>r. Mark Saito, applicant's architect, clarified what materials could be used for
the project (e.g. stucco), the siting of the residence, and the foundation plan
which was to give the house the overall appearance of a one-story structure.
MOTION SE[X7PIDED AMID CARRIED: Moved by Allison, seconded by Puhrman and passed unani-
mously by all members present to approve a special land use permit for the Lands of
Babayan for a new residence having a height in excess of fifteen feet based on the
project's conformance with the guidelines of Ordinance #295.
d) LANDS OF PRDDROMDU, 14975 Page Mill Road, request for a special lard use
permit to allow an addition having a height in excess of fifteen feet.
The Town Planner presented her staff report dated 9/13/85 which noted that the Site
Development Committee remnnended approval of the special land use permit for the
proposed accessory building based on the project's conformance with the guidelines
of Ordinance #295, and based their recommendation on the "understanding" that a
Conditional Use Permit be obtained for the accessory structure.
Council discussed the definition of secondary dwellings and ruder what Conditions
a conditional use permit shall be required.
Mr. David Wilson, general Contractor for applicant, indicated that there may have
been some confusion in that Mr. Prodrrnou had wanted gas and heat hook-up in the
accessory building.
Jean Struthers, Planning Comtissicner, noted that at one time Conditional use permits
had been required for guest Cottages having no kitchen facilities, etc.
MITICN SECONDED AND CARRIM: Moved by Allison, seconded by Rydell and gassed unani-
mously by all members present to require a conditional use permit for the Lands of
Prod:ro ou, accessory building at 14975 Page Mill Road, and to refer this matter back
to the Planning Convission for appropriate action.
M7TION SENMIDED AND WITEDRAWN: Moved by Allison, seconded by Fuhman and withdrawn to
grant a special land use permit for the Lards of Prodxomou based on the project's
Conformance with the guidelines of Ordinance #295 with the requirement of a
conditional use permit prior to issuance of a building permit.
MYTION SECONDED AMID CARRIED: Moved by Allison, seconded by Firhroan and passed by the
following roll call vote to grant a special land use permit for the Land s of Prodrrmou
for an accessory building having a height in excess of fifteen feet based on the
Project's Conformance with the guidelines of Ordinance #295 and with the Condition
that the structure will not be finaled until a conditional use permit is granted.
AYES: Mayor Dronkert and Colncilmembers Allison and Fuhran
MUSS: Councilmember Rydell
ABSENT: Councilmemher van Tamelen
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CITY COUNCIL MINUTES - Septembers 18, 1985
E. SPECIAL ORDERS: 1. Public Hearings (continue]):
PASSED BY CONSENSUS: To direct the City Manager to report at the next City
Council Meeting on the secondary unit policy.
e) LANDS OF SIL.INS, FILE TM #1-85, request for approval of negative declaration
and tentative map (Lupine Road - 2 lots)
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Rydell and passed unani-
mously by all menbers present to approve the negative declaration for the Lands of
Silins, File TM #1-85, Lupine Road.
Mr. Paul Nowack, applicant's engineer, explained there were separate driveways due
to the requiramnt for an emergency access road. The driveway would be the fire road.
MOTION SECONDED AMID CARRIED: Moved by FUhnnan, seconded by Rydell and passed unani-
mously by all members present to adopt Resolution #128-85 approving tentative map
for Iands of Silins, File TM #1-85, Lupine Road.
f) Ordinance # mending Chapter 5 entitled "Zoning" of Title 9 of the Los
Altos Hills Municipal Code to amend Article 2 thereof entitled "Definitions"
to add Article 9 thereto entitled "Site Development", and to amend Article 12
thereof entitled "Administration and Enforcarent".
Council had before thein the draft site development ordinance and staff report from
the Town Planner dated 9/11/85. In addition to the staff recomierdations, the
following mments and/or suggestions were made by Council and staff: 1) Official
Plan Line to remain at staff discretion; 2) A definition of three foot gaps be included;
3) page 7: (a) . . .The Zoning Administrator or designee. . .; 4) page 7: (1) delete
the word 'satellite'; 5) page 20: (c) delete the words 'of sunlight'; and 6) page 25:
delete the last sentence and replace with the following - 'Outdoor lights shall be
shielded so they're not directly visible from off-site'.
Jean Stxvthers, Plannrning Csmmissioner, on the section on outdoor lighting, suggested
Oi y�ni `irnct lige
Mary Stutz, Chairman - Pathways Canmittee, noted that the Path and Trail Element was
in the General Plan but was not in the site development ordinance. It was agreed
she would report on this directly to Nancy.
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Fuhr an and passed unani-
mously by all members present to approve the four staff reconmendations as stated in
the Town Planner's 9/11/85 staff report with the following additions and/or corrections:
1) should include a definition of 'Site Developrent Authority' and 3) the word
'excavating' should replace the word 'cutting' and the public hearing on the site
develoMent ordinance should be continued to the next Council meeting.
PASSED BY CONSENSUS: Council anmended Lori Scott, Planning Consultant, for her
excellent and clear presentation of the revisions to codification of Title 9 as
stated in her 9/9/85 report to the City Manager.
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CITY COUNCIL KDVMS - September 18, 1985
F. UNFINISHED BUSngESS:
1. Items Removed from the Consent Calendar:
a) Approval of Minutes: September 4, 1985
NCTION SECONDED AND CARRIED: Paved by FUhnman, seconded by Allison and passel
unanimously by all members present to approve the minutes of the September 4,
1985 Council Meeting with the following corrections: the following statement to
be included at the beginning of the minutes: 'Frank B. Duveneck died on Monday.
This community will never again experience the kind of sharing and caring that
was the total life of the Duvenecks - sharing their tome and lard, caring for that
land and for all people. I call the meeting to order in honor of Frank B. Duvereck.;
page 7: Item 2.a) 4th paragraph, amended to read - . , whether or not to
roadside spray ten feet beyond the pavement.'; page 7, Item 2.b) 1st paragraph amended
to read - . .members who resign should be required to resign directly to the
Council by letter.; page 6, Item J.1 amended to read as follows - . .unanimously
to substitute the Christmas Eve Holiday for the Admission Day Holiday.'
b) LAMS OF HDBLFS, FILE SA #5-85, 14463 Liddicoat Circle, request for approval
of site approval
Mr. Robles, applicant, stated that he removed this item from the Consent Calendar
because he was opposed to Conditions 1.A and 1.B as added by the Planning Commission
at their 9/11/85 meeting and he was requesting that Council delete these two conditions.
Mr. Robles stated that in lieu of a pathway easement he would be willing to deed a 10'
easement to the Tuan. He also stated that neighboring lots had received site approvals
{,. some time ago and had not been required to dedicate conservation easements. Mr.
Robles further stated that he felt his use of the conservation easement would be
extremely restricted and that the value of his property would be lessened.
Mr. Michael Hu, 3791 Ross Road, Palo Alto, stated that he was planning to purchase
the land from Mr. Robles and he too 0 i- ted to conditions 1.A and 1.B for the same
reasons as expressed by Mr. Robles.
Council and staff discussed the history of pathway and conservations easements in
the Tuan and staff noted that there was the possibility of a covenant running with
the land.
Mary Stutz, Chairman - Pathways Committee, concurred with condition 1.A which
required a wide Pathway easement ong the northerly property line along 280.
She noted that until all the other property owners and Stanford were a part of
the pathway, the path would not be used.
John Riley, applicant's engineer, stated that it was his opinion the conservation
easement was like a b ark as to whit could be taken away frau the property owner
whereas a covenant would state specifically what could be done.
Mri'ION FA= DDE TO IACK OF A SECOND: Moved by Allison to approve oonlition 1.A
'The owner shall dedicate a ten foot (10') wide pathway easement along the northerly
property line (along 1-280), to the satisfaction of the City Engineer and the
Pathway Committee.'
PAS= BY CONSENSUS: To concur with the applicant's request to continue consideration
of this item to the next Council meeting.
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CITY COUNCIL MINUTES - Septanber 18, 1985
F. UNFINISHED BUSINESS: Itan 1 - Iters Remved from the Consent Calendar (continued):
c) LANDS OF HAMILTON, FILE VAR #3-85, 24920 La L[ma Court, request for
variance to encroach into the front and side yard setbacks for addition
Mr. Thomas Hauilton, applicant, noted that he had received statement of 'no objection'
from a o is nen rs concerning the proposed variance.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Allison to not approve the intrusion
into the side yard set back.
MOTION SDONDED AND CAM=: Moved by Fuhrman, seconded by Rydell and passed by the
following roll call vote to concur with the Planning Commission's approval of the
variance request for Lands of Hamilton, File VAR #3-85.
AYES: Mayor Dronkert and Councilors Fiuhnnan and Rydell
NOES: Councilmadxs Allison
ABSENT: CouncilnemUer van Tanel.en
Allison stated that while he concurred with the Crnmission'a approval of the encroaach-
nnnt into the fron yard setback, he could not concur with the encroachment into the
side yard setback because he did not see what hardship was involved and did not under-
stand how the side yard intrusion net the legal requirements for a variance.
d) Resolution # setting the tine and place of public hearing on an
application for a special land use permit (Lards of Hamilton - 24920 La Irma
` court)
AW MOTION SBCONDED AMID CARRIED: Moved by Rydell, seconded by Fuhunan and passed unani-
mously by all members present to adopt Resolution #129-85 setting the time and place
of public hearing on an application for a special land use permit (Lands of Hamilton -
24920 La Iona Court)
2. Request to allow a one -day use pe=&tfor a wedding reception on 2/14/85 at
Ford Country Day School (This item moved to this section of the agenda in order
to hear applicant's request.)
Mr. Triolo, applicant, referred to the letter dated 8/28/85 fr m he and his fiance
to the Council reWesting they grant a one -day use permit to than so they could _
hold their wedding reception on 2/14/86 at Ford Country Day School. He stated they
had already made all their plans which included deposits, etc. Mr. Triolo further
stated that he felt the Council should honor all those contracts already in place
with the School for wedding receptions. ,
Mrs. Alm wood, Stonebmok, stated that she felt the laws should be enfored and the
S ve aware of the zoning laws of the Town. In addition Mrs. wood
felt that Mr. Triolo and Ms. Maitland should be able to find another location for
their reception.
MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Fuhrxen and passed by the
following roll call vote to grant a one day use permit to Mr. Triolo and Ms. Maitland
to allow then to hold their wedding reception on 2/14/86 at Ford Country Day School
AYES: Mayor Dronkert and CounciLumbers Fuhrnan and Rydell
NOES: Councilnnanber Allison
ABSENT: Councilnlenber van Tamelen
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CITY CDUNCIL MMUTES - September 18, 1985
F. UNFINISHED BUS S: Itan 2 (continued) :
PASSED BY CONSENSUS: To direct the Mayor to send a letter to the Headmaster of
Ford Country Day School, Mr. Palmer, stating that the Council did not intend
to grant any further exceptions to the conditional use permit for Ford Country
Day School and any correspondence pertaining to such requests could be forwarded
directly to Mr. Palmer.
Mayor Dronkert suggested that the Planning Com ssion representative relay the
suggestion to the Commission that camunity service events might be scheduled at
Ford Country Day School. There are so fear places to hold such everts in the Town
that it might be a use that could be included in their conditional use permit.
MOTION SECONDED AND CARRIED: Moved by Fuhrman, seconded by Dronkert and passed by the
following roll call vote to go past the hour of adjournment of 11:30 p.m. to midnight.
AYES: Mayor Dronkert and COuncillmamhers Fuhrman and Rydell
NOES: CouncilmEm,er Allison
ABSENT: Ccuncilmmber .ran Tamelen
3. Roadside Weed Control
MYTICN SBODNDED AND CARRIF9: Moved by Allison, seconded by Fubrmmn and passed unani-
mously by all marbers present that the present ordinance providing a swath of ten
feet from the pavement edge can be required to be abated of weeds upon order of the
Fire Department be administered and the Fire Department be notified of this action.
Additional eanmnts were made regarding the involved process of notifying residents
Of the necessity of weed abatement by the Fire Department with some residents opting
for the Town to do the work and then having the bill placed on their tax bill. It
was agreed that this matter world be discussed when the study session on the Final
Report of the July 1 Fixe Task Force was scheduled.
4. Standing Committee Charges/Reorganization
MOTION SECONDED AM CARTED: Moved by Allison, seconded by Fuhrman and passed unani-
mously by all nwbers present to adopt Resolution #130-85 establishing standing
cormuttees and adopting general and special rules pertaining thereto.
Barbara Tryon suqgested and Council concurred that a letter should go to the
Present Pollution Control and Environmental Design Parks & Recreation CConnittees
suggesting they hold a joint meeting and determine a chairman of the newly created
Environmental Design and Protection Committee.
It was further agreed that a copy of the resolution could be sent to each standing
committee monber for their information.
5. Heritage Preserve Committee
Council had before them Councilnxnr,er van Tamelen mato dated 8/30/85 concerning
the Heritage Preserve Cmmittee. One of the reconuendations in this report was the
merger of the Heritage House and Heritage Preserve Committees.
fW Iona Goldsmith, member - Heritage Preserve Comnitteefelt the Preserve Cacmittee
should continue to function and cangrlete the projects at hand; however, she did ccm rot
that both committees could work together well if they were merged.
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CITY COUNCIL MINUPFS - September 18, 1985
F. UNFINISHED BUSINESS: Item 5 - Heritage Preserve Committee (continued):
PASSED BY CONSENSUS: Tb merge the Heritage Preserve and Heritage House Cacmittee
into the Heritage Covnittee and to send letters to both committees advising then
of this action.
6. Altamont Iniad Basin Drainage Study Ad Hoc Camiittee
PASSED BY CONSENSUS: To direct staff to prepare a request for proposals to update
the McCandless report and to direct the staff and City Attorney to review the
documents relative to Horton's, Daughters of Charity's and Groswith's responsibility
to participate in the cost of the Altamont Road Basin drainage study and improvemnts
and report to the Council at the next Council meeting.
7. Report on Eucalyptus Tree Reuval
PASSED BY CONSENSUS: To direct the City Manager to obtain additional estimates for
removal of the eucalyptus trees and report at the next Council Meeting.
G. ADJOURNMENT:
Due to the lateness of the hour, it was agreed to discuss the remainder of the agenda
items at an adjourned regular meeting. The City Council adjourned at 12:00 midnight
to an Adjourned Regular Meeting at 4:00 p.m. on Monday, Septenber 23, 1985.
Respectfully subnitted,
Patricia Dowd, City Clerk
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