HomeMy WebLinkAbout11/06/1985CITY COUNCIL
TOM OF IDS ALTOS HILLS
26379 Fremont Iniad
Los Altos Hills, California
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Wednesday, November 6, 1985
cc: Reel 172, Tr. I, Side I, 408 -end, Tr. I, Side II, 001-1,166
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Tann Hall.
A. ROLL CALL AND PIEDGE OF ALLEGIANCE:
Present: Mayor Dronkert and Councilmenbers Allison, Fuhrman and van Tamelen
Absent: Councihnenber Rydell
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle and City Clerk
Pat Doral
Planning
Comm: Jean Struthers
B. APPOINTMENT TO PATHWAYS, RECREATION AMID PARKS COMMITTEE:
Council had before then three applications for the Pathways, Recreation and Parks
Committee. (Mrs. Nancy Bavor, Mr. Philip Dauber and Mrs. Marilyn Long).
Mary Stutz, Chairman - Pathways, Recreation and Parks Cacmittee, commented that
all three applicants were well qualified to sero on the camuittee.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tarrelen and passel
unanimously by all members present to appoint Mr. Philip Dauber to the Pathways,
Recreation and Parks Camlittee for a term of two years.
LOPE •• ya m R1.1
Items Removed; C.3.a) and C.3.c) (City Engineer)
MOTION SECONDED AND CARRIED: Moved by Fuhrman, seconded by van Tamelen and passed
unanimously by all members present to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: October 15, 1985 and October 16, 1985
2. Approval of Warrants: $12,366.12 (10/31/85) and $96,645.17 (11/6/85)
3. Resolutions For Adoption:
b) Resolution #148-85 setting the time and place of public hearing on an
application for a special lard use pexmit (lands of Campi, 12720 Viscaino
Road)
d) Resolution #149-85 approving final parcel map and a roving and authorizing
execution of subdivision agreement for the lands of Taaffe
CITY COUNCIL MINUTES - November 6, 1985
` C. CONSENT CALENDAR (continued):
4. Proclamation declaring November 3-9, 1985 'National Drug Abuse Education Week'
5. Actions of the Planning Commission: approved the following:
a) LANDS OF SOLDPDN/GRAY, FILE CUP #6-85, 13750 Robleda Road, request for
conditional use permit for secondary dwelling
D. ITEMS REFDVED FROM CONSENT CAL MAR:
1. Resolution #_setting the time and place of public hearing on an applica-
tion for a special land use permit (lands of Herpick, 28041 Horseshoe Court)
This item was deleted from the Consent Calendar as the issue was continued at the
11/6/85 Site Development Committee Meeting.
2. Resolution # setting the time and place of public hearing on an applica-
tion for a special land use permit (Lands of Butler, 14142 Liddicoat)
It was noted that the Disaster Committee, at their 10/30/85 meeting, referred the
issuance of a disaster permit to reconstruct the residence at 14142 Liddicoat Drive
under Resolution #95-85 to the Council because the roof height of the proposed
residence would substantially change. It was requested that Council determine
whetherthey agreed the proposed residence was in substantial compliance with
the previous house or whether a special land use permit would be required.
�. MOTION SEQ7[IDID AND FAILED: Moved by Fuhrman, seconded by Dronkert and failed by
the following roll call vote to accept the proposed reconstruction of the Butler
residence as within the guidelines of the Disaster Site Development Committee
and give the applicant relief from the height limitation.
AYES: Mayor Dronkert and Councilmenber Fuhrman
NOES: Councilmenbers Allison and van Tanelen
ABSENT: Councilmember Rydell
MOTION SECONDED AND CARRIED; Moved by Allison, seconded by Fuhrman and passed
unanimously by all members present to approve the application for reconstruction
at 14142 Liddicoat Drive subject to approval of a landscaping plan by the Site
Development Cc mrittee prior to final inspection and with the notation that the
$50 fee is waived.
E. PRESENTATIONS FROM THE FLOOR:
Mr. David Proft, 26271 Moody Road addressed the Council on behalf of Concerned
Residents o Los EosH lis and thanked the Council for their support and the
overwhelming support of the Town's residents in defeating Measure E on the 11/5/85
ballot.
F. REPORT FROM THE PLANNING CONAISSION:
Commissioner Struthers reported that the following actions were taken at the
10/23/85 Commission Meeting: Lards of Solomon/Gray, Robleda Road, conditional use
permit for secondary dwelling approved, variance for location of pool house denied;
Lands of Visher, Albertsworth Lane, request for approval of site approval - continued
for additional information. The public hearings schedule for revisions to the
zoning ordinance was also discussed by the Commission with the first study session
scheduled for 11/4/85.
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CITY CDONCIL KDUfES - Novenber 6, 1965
G. SPECIAL ORDERS:
1. Public Hearings:
a) LANDS OF BOB CNN HOMES, IEC., Sot #5, Bentley Court, request for a
special land use permit to allow a new residence having a height in
excess of fifteen feet
The Town Planner presented her report dated 10/31/85 which noted that the Site
Develcpmnent Committee recommended approval of the special land use permit for the
proposed new residence, with the comment that while the stepped design caused the
residence to exceed guidelines 1.A and 1.B, it also allowed retention of the natural
slope and visual hammrry between the structure and surrounding terrain.
YC Pastrof, applicant's representative, noted that they would be able to lower
roo ume by 2,; however, concerning Condition 1.B., if they lowered the
height it would increase the grading.
Mr. George Ellis, 13330 Burke Road, stated that he had lived on Burke Road for 35
years he was En ting this application before Council. He expressed his
opinion that while he had had to comply with building applications, it appeared that
now exceptions were constantly being made to accomodate the builders. The Mayor
explained to Mr. Ellis that the application before then complied with the Town's
ordinances; however, the council was presently reviewing all applications with a
height over 151.
FDTICN SECOMED AND CARR9F.m1: Moved by van Tamelen, seconded by FUhruan and passed
by the following roll call vote to approve a special land use permit for the Sands
of Bob Owen Homes, Inc, for a new residence having a height in excess of fifteen
feet based on the project's substantial conformance with the guidelines for
Ordinance #295, noting concurrence with the opinion that the design of the residence
conforms to the slope of the terrain and based on the modification that the roof
line will be lowered by 2' (resulting in a maximum height of 26').
AYES: Mayor Dronkert and Caunciknanbers Fuhrmmanm and van Tamelen
NOES: Councilmember Allison
ABSENT: Councilmenber Rydell
Allison commented that the reason for the 35' height limit in the guidelines was
to prevent nonstronsities from being built.
b) LANDS OF BOB CVM HOMES, Lot #6, Bentley Court, appeal of Planning
Commission's decision regarding setback determination
The Town Planner referred to her 10/31/85 staff report which noted that at the
9127/85 Planning Commission meeting, the choice of 90' setback by the applicant
for a new residence on Lot #6, Bentley Court, was overturned. The Commission
determined that the 90' setback should be located from Burke Road rather than
Bentley Court in that Burke was the more heavily traveled road the development
along Burke would be more visible to the public.
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CITY COUNCIL MINUTES - November 6, 1985
G. SPECIAL ORDERS: Item l.b) HANDS OF BOB GTIIM HOMES, lot #6, Bentley Court (continued):
Ken Pastrof, applicant's representative, referred to his 10/4/85 letter to the
Town Staff which presented their background for a 40' setback off Bentley Court
rather than Burke Iniad. He further noted that they would like to front the house
on Bentley Court and work with the Council and Co nission on mitigation of visual
impact and on landscaping plans. In their opinion, a one story, L-shaped house
was best for the lot. If Council concurred with this and allowed the 30' setback
off Burke, they would withdraw their application for a special land use permit to
allow construction of a two story house on this lot.
van Tamelen stated that in her opinion the applicant was well aware of what the
setback requirements were for this lot. The 40' setbacks protected the openness
of the Town and she further stated that even with the 40' setback the applicant
could build a single story hoe if he wanted to.
Mrs. Marc Kaufman, 14100 Donelson Place, noted that her have had a 40' setback
rom Donelson and a setback from Fremmnt. Their here accessed onto Donelson.
Mary Stutz, 25310 Elena, co,nrented that when this matter cane before the Planning
CxFftission, ck was required off Burke because they did not want the
access off Burke. Mrs. Stutz' expressed the opinion that both Burke and Bentley
Court has 30' setbacks.
Jean Struthers, 13690 Robleda, stated that the one story house on Burke would be
nmre in keeping wi tone of the neighborhood.
Mayor Dronkert stated that in her opinion the applicant's letter of appeal showed
excellent reasoning. If the Town required access off side roads, then it stood to
reason that the applicant will face the house to the access road rather than lose
40 feet on both sides of the property.
MOTION SECCkIDID AMID FAILED: Moved by van Tanelen, seconded by Allison and failed
by the following roll call vote to uphold the Planning Commission's decision on
lot #6, Bentley Court, to require a 40' setback off Burke Road.
AYES: Camcihmnber van Tamelen
NOES: Mayor Dronkert and Council+++embers Allison and Fuhn
ABSENT: Councilmember Rydell
MOTION SECONDED AMID CARRIES: Moved by Fubrman, seconded by Dronkert and passed by
the following roll call vote to approve a 30' setback off Burke Road for Int #6,
Bentley Court, with a 40' setback off Bentley Court, provided that the structure
to be built is limited to a single story house.
AYES: Mayor Dxonkert and Counciln mbers Allison and Fuhrn
NOES: Counncilr van Tamelen
ABSENT: Councilmenber Rytdell
van Tamelen stated that she felt the Planning Camdssion had the responsibility
to make this decision and had carefully made their determination, van Tamelen
further stated that she did not think it right to move ordinances around to suit
individual situations.
Ken Pastrof, applicant's representative, asked if this Council action could be made
a policy statement for lots #1 and 3, Bentley Court. The Mayor responded that this
request could be agendized for a future Council meeting.
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G. SPECIAL CIDERS: Item 1 - Public Hearings (continued):
c) IANDS OF WALSH, 28188 Christophers Lane, request for a special land
use permit to allow an addition having a height do excess of fifteen feet
The Town Planner referred to her staff report dated 10/31/85 which included the
staff recd mandation that the Council approve the special land use permit for the
Proposed arbor over the deck for Lands of Walsh.
Mr. Richard Schroeder, 28224 Christophers Lane (parents hme), addressed the
CUuncrl requesting clarification of the guidelines for Ord-�—ce #295. Mr.
Schroeder cft also was working with the applicant on this project suggested that
the notices sent to the neighbors on these special land use permit hearings
specifically state what the applicant planned to do. For instance, in this case,
it was listed as an addition in the notice but was actually an arbor. He noted
this might made it less confusing for the neighbors.
MOTION SFICONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all menUers present to approve a special land use permit for the
Lands of Walsh for an arbor over the deck having a height in excess of fifteen
feet based on the project's conformance with the guidelines for Ordinance #295.
d) Adoption of proposed increases in building inspection and/or building
permit fees or charges
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by F1+h,nian and passed
` unanimously by all minnbers present to adopt proposed increases in building
inspection and/or building permit fees or charges based on the City Manager's report
that the proposed fees do not exceed the cost of providing said services.
e) Ordinance #298 amending Chapter 1 of Title 8 to adopt by reference the
1985 edition of the Uniform Building Code, including the appendix
thereto, and the Uniform Building Code Standards, 1985 edition; amending
Chapter,3 of Title 8 to adopt by reference the Uniform Plumbing Code,
1985 edition; and amending Chapter 4 of Title 8 to adopt by reference
the Uniform Mechanical Code, 1985 edition, respectively of the Ins Altos
Hills Municipal Code.
M XION SECONDED AND CAF=: Moved by Allison, seconded by Fnhrman and passed
unanimously by all nmbers present to waive further reading of Ordinance #298.
MOTICN SECONDED AMID CAMUM: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to adopt ordinance #298.
f) LANDS OF MDZART, 11626 Dawson Drive, appeal of Site Develcps ent and Zoning
Permit
g) IAMIDS OF MOZART, 11626 Dawson Drive, request for a special land use
permit to allow for an addition having a height in excess of fifteen feet
The Town Planner referred to her 10/31/85 staff report which noted that since an
appeal had been filed regarding the decisions to issue a zoning permit and a site
i development permit for the proposed thirty-five car garage on Iands of Mozart,
fir' Council was required to decide whether this proposal was consistent with the Zoning
Ordinance definition of an accessory structure. (Accessory use or accessory
structure shall mean a subordinate use or subordinate structure customarily incident
to and located on the sane lot with the primary use.). The primary question before
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CITY COUNCIL MINUTES - November 6, 1985
G. CPFk'TAr. OIDERS: Item If) and Ig) - IAIDS OF M7Z= (continued) :
the Council was whether the large garage proposed by Mr. Mozart was 'customarily
incident' to a primary use.
John Mozart, applicant, explained he had an antique car collection and would be
doing no restoration work on the property. It world not be noisy; there world
be no removal of trees and it was a level site. He had a landscaping plan to
mitigate the visual impact which included thirty one trees backed up with bougain-
villea.
Julie Perrucci, applicant's designer, explained the need for a 19' height for
the garage - in addition to the garage doors and the clearance needed for the
antique cars, the slope of the garage roof had been designed to coordinate with
the roof slope on the house. Ms. Perrucci further noted that a line of site had
been prepared from the neighbors' homes and with the landscaping plans there would
be minimal visual impact on the neighbors. In response to a question as to why
there were no windows in the proposed garage, Ms. Penucci explained that it was a
security controlled environment. It was also felt that it softened the impact of
the garage; the breaking up of the long wall world not be as effective as land-
scaping.
Mayor Dronkert referred to her 11/1/85 memo which included the following suggested
alternatives: 1) The Council finds that any accessory use in Section 9-5.702 is
customary no matter how large, as long as it meets the requirements of zoning and
site development ordl names and that it does not negatively affect the neighborhood;
2) The Council finds that any garage or accessory structure over a certain size and/or
level ofuse is not customary and is therefore not allowed; 3) The Council could
initiate a zoning ordinance revision to require a conditional use permit for
accessory structures over a certain size and/or level of use; and 4) The Council
could address their concerns in an agreement with the owner.
Mr. Dan McDonald, 24280 Elise Court, requested Council deny this permit based on
e sheer size of tRe—pm—j—e—ctarr-Fthevisual impact on his property. Mr. McDonald
referred to his 8/7185 letter to the Planning Commission (on file at Town Hall)
which detailed his concerns.
Council discussed the proposed project and mitigation measures as noted by the
applicant. It was determined that this was a large piece of property, a garage
is a customary structure and this was a very large garage which required certain
mitigating measures.
b1mw SEcamm ASID CARRim: Moved by Fuhrman, seconded by Allison and passed unani-
mously by all members present to declare the Council's intention to enter into an
agreement with the owner and to approve a special lard use permit for the Lands of
Mozart, subject to an agreement prepared by the City Attorney which covered the
following concerns: 1) use of structure - restricted to garage use only; 2) review
process - upon request of Council, applicant, new owner or violation of conditions;
and, 3) limitation of public usage - for example no museum type of activities. Said
agreement will be reviewed by the applicant and the Council and agendized for the
11/20/85 Council meeting.
Allison suggested that Mr. McDonald meet with Mr. Mozart and Ms. Perrucci to discuss
the proposed project and his concerns.
Gil
y
CITY COUNCIL MINUTES - November 6, 1985
G. SPECIAL ORDERS: Item I.f) and g) - Lards of Mozart (continued):
MYTION SECONDED AMID CARR=: Moved by Allison, seconded by Fuhnnan and passed
unanimously by all menbers present to continue Lands of Mozart, 11626 Dawson
Drive, appeal of the Site Development and Zoning Permit and request for a special
lard use permit to allow for an addition having a height in excess of fifteen feet
to the 11/20/85 Council Meeting.
2. Resolution # accepting bids for items of personal property and rejecting
all other bids
The City Engineer referred to his 10131/85 staff report which included a summary
of the bids received and recrnmended Council award a contract to pschae a roller
and trailer from Golden State Equipment Conpany ($9,093.93) and award a contract
to purchase an air compressor and accessories from Ingersoll-Rand Company ($7,899.62).
MOTION SECONDED AMID CARR=D: Moved by van Tamelen, seconded by Etilnrman and passed
unanimously by all members present to adopt Resolution #150-85 accepting bids for
items of personal property and rejecting all other bids.
3. Ordinance #299 amending the Los Altos Hills Municipal Code by renumbering
and amending the Titles of Titles 9 and 10 thereof and the Chapters contained
therein and by renuTbering the sections thereof: adding Titles 11 and 12
thereto; amending Chapter 1 entitled "Zoning" on Title 10; repealing Chapter 3
of Title 9 entitled "Site Development;" and adding Chapter 2 entitled "Site
Develop ent" to Title 10 thereof
MOTION SBCONDED AMID CARR=): Moved by Allison, seconded by Fuhr an and passed unani-
mously by all members present to waive further reading of ordinance #299.
MOTION SEOOM ED AMID CARR=: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to adopt Ordinance #299.
H. UNFINISHED BUSINESS:
1. Report on Black Mountain/Elena Pathway
The Mayor noted that an additional letter had just been received from Mrs. Whitley
on the subject of the Black Mountaiu/Elena Pathway. Since Council had not had
an opportunity to review this correspondence, she suggested this matter be continued
to the next meeting.
Mary Stutz, Chairman -Pathways, Recreation and Parks Canmittee, commented briefly
onnw i�thway east rants a Down had on the 71-tTey, Gorman, Marion properties.
MOTION SENMIDID AMID CARRIID: Moved by Allison, seconded by Dronkert and passed
unanimously by all members present to continue the report on the Black Mountain/
Elena Pathway to the next Council meeting, to request the Pathways Committee to
provide a report on all the path connections mentioned in the correspondence on
this subject and to request the City Attorney to provide a report on the Town's
legal options regarding this path location.
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CITY COUNCIL MIN[7PE`S - November 6, 1985
H. UNFINISHED BUSINESS: (continued):
2. Reconsideration of establishment of Environmental Design and Protection Caamittee
PASSED BY ODSSENSUS: To advertise vacancies on the EYnvisornmental Design and Protection
and to explore structure of the ommittee with new ccumittee mediers.
3. Setting the date for a Study Session on the Fremont Road S -Curve
PASSED BY CONSENSUS: To schedule a study session on the Fremont Road S -Curve for
8:30 a.m. on Tuesday, November 26, 1985 in Council Chambers at Town Hall.
M TION SDSRIDED AND CARRIED: Moved by EUhxman, seconded by Dronkert and passed
unanimously by all menbers present to go past the hour of 11:30 p.m. adjournment.
1. Reports from Standing Committees:
a) Safety Committee:
Barbara Tryon, Chainruan - Safety Camnittee, presented her committee's report
on >_ a at Tvwrn a report summarized the Cmvu-ttee's
activities during the past six months and noted that the issue of police service
options was still a matter of discussion. Mrs. Tryon expressed the aarmittee's
hope that the Council was monitoring the police service presented being provided
to the Town and was studying cost-effective means of improvement.
b) Pathways, Recreation and Parks Crn ttes
Mary Stutz, Chairman - Pathways, Recreation and Parks Committee, referred to the
minutes of the 10128185 meeting of the Pathways, Recreation and Parks Camdttee
and clarified the location of paths on the Iands of the Palo Alto Unified School
District.
2. Reports from Ad Hoc Committees:
3. Cam�ents from the Council.
a) Rydell: Road Race Permit Applications
This item was continued to the next meeting.
b) van Tamelen: Joint Awards
van Tamelen reported that she and Mrs. Carico had met as directed by Council and
had made six nominations for a Joint Award on behalf of the Council.
c) Drunkert: ICC and Jr. League Meetings
Dronkert noted that the ICC meeting was scheduled for 11/14/85 and she had also
received an invitation to attend a Jr. League Breakfast Meeting on 12/13/85. If
t any C=cilr�r was interested in attending either of these events, they should
�r let her know.
CITY COUNCIL MIIdUPFS - November 6, 1985
I. SPECIAL REPORTS: Item 3 - Comments from the Council (continued):
d) Allison: Intergovernmental Council
Allison noted that an IGC meeting was scheduled for 11/7/85.
J. STAFF - REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS:
1. City Manager:
a) Martin Carpenter Associates Contract - Work Plan Sunnily
PASSED BY ODNSENSUS: To continue this item to the next Council Meeting.
2. City Attorney:
3. City Clerk: Report on Council Correspondence
Council accepted the report on Council Correspondence dated 11/1/85
4. City Clerk: November 5, 1985 Election Results
The City Clerk's report on election results dated 11/6/85 was accepted by the
Council.
5. City Engineer:
`, a) Partial Release of Bond, Lands of Gigli, Tract #6763, Subdivision
improvements
DUTION SBaMED AND CARRIED: Moved by Allison, seconded by FUhrman and passed
unanimously by all members present to authorize the reduction in the cash deposit
guaranteeing the construction of subdivision improvements for Tract #6763 in the
amount of $23,943.18.
6. Other:
K. NEW BUSIIgSS:
1. Appointment of Liaison to Los Altos Solid Waste Disposal Options Committee
PASSED BY CONSENSUS: To appoint Jean Struthers as an interim appointment to the
Los Altos Solid Waste Disposal Options Committee and to advertise the position
on this committee for future permanent appointment.
L. AD.7OUF!�:
There being no further new or old business to discuss, the City Council adjourned
at 12:00 midnight.
Li
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Respectfully submitted,
Patricia Dowd, City Clerk