HomeMy WebLinkAbout12/18/1985CITY COUNCIL
TOM OF IDS AUTOS HTU
26379 Fremont Road
Los Altos Hills, California
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Wednesday, December 18, 1985
CC: Reel 173, Tr. I, Side II, 150 -end, Tr. II, Side I, 001-263
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Town Hall. The Mayor called the meeting to order in honor
of Mrs. Vicki Jones, a long -tine resident of the Town, who had recently passed away.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Dronkert and Councilnw,nbers Allison, Pahrman, Rydell and van Tamelen
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dodd
Planning
Ccam: Jean Struthers
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�w M7PION SEWPIDID AND CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously to appoint Mrs. Nancy Savor to the Environmental Design and Protection
Committee for a term of two years.
C. CONSENT CALENDAR:
Item Removed: B.3.a) (staff)
Item Added: 13.3.a) (staff) - public hearing scheduled for Lands of McCain in place
of Lands of Wnnbbels
Item Removed: B.3.a) (applicant)
Mrs. McCain, applicant, explained to the Council that she wanted to take advantage
o Ungcredits for solar panels in 1985. The deadline to do this was 12/31/85
which was prior to the special lard use permit public hearing which was scheduled
for 1/15186. Mrs. McCain noted that she had spoken to her neighbors and there were
no objections to the plans.
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unanimously to not schedule a special land use pemit public hearing on the Land
of McCain in that Ordinance #295 did not apply to the applicant's request for solar
panels.
MOTION SECCRIDID AMID CARRIED: Moved by Allison, seconded by Duhnlan and passed unani-
mously to approve the balance of the Consent Calendar, specifically:
1.
Approval of Minutes:
December 4, 1985
2.
Approval of Warrants:
$44,426.53
11 1 11 IANa. 1-r
C. CONSENT CALENDAR: (continued):
`. 3. Resolutions for Adoption:
b) Resolution #172 declaring intention to consider the second extension
of the existing moratorium upon use of real property for the construction
of or conversion of structures in excess of fifteen feet in height, and
setting the time and place of hearing thereon
C) Resolution #173 approving and authorizing execution of agreement between
the City of the Town of Los Altos Hills and william Cotton and Associates,
Inc. (geologic services - Fremont Road S -Curve)
d) Resolution #179 accepting as completed the work of removal of the
eucalyptus trees and stumps, authorizing final payment concerning such
work and directing the City Clerk to file notice of o mpletion (Blue Ox)
Commissioner Struthers reported that the following matters were discussed at the
12/11/85 Commission Meeting: 1) lands of Lacy - minor charges were approved to the
building structure in the previously approved conditional use permit; 2) a proposed
amendment to the zoning ordinance regarding setback lines was sent to the City
Attorney. The amendment stated that the 90' setback would be from the property's
access unless this was determined to be injurious; 3) a study session was held on
the proposed revisions to the bulk regud.ation formula and a report on this would be
made to the Council at a later date.
F. SPECIAL ORDERS-
1. Public Hearings:
a) LANDS OF BOB OWENi FOMES, INC., Lot #6, Bentley Court, request for a
special land use permit to allow construction of a new residence having
a height in excess of fifteen feet (single story application)
The Town Planner presented her report dated 12/12/85 which noted that the Site
Development Committee rec=nended approval of the special land use permit for the
proposed new single story residence based on the project's conformance with the
guidelines for Ordinance #295. Their approval included the condition that the
applicant withdraw the application for a two story residence at Lot #6, Bentley
Court.
Mr. Y: Pastrof, applicant's representative, stated that their preference was for
a single story residence on Lot #6 in that it was a better project for the site than
the two story residence.
NOTION SECONDED AND CARRIED: Moved by Fuhrmian, seconded by Rydell and passed by the
following roll call vote to approve a special land use permit for the Lands of Bob
Owen Hanes, Inc, lot #6, Bentley Court, for a new single story residence having a
height in excess of fifteen feet based on the project's conformance with the %W lines for Ordinance #295 with the condition that the applicant withdraw his applica-
tion for a two story residence on this site.
AYES: Mayor Dronkert and Councilmerkbers Allison, Fuhrman and Rydell
NOES: Councilmenber van Tamelen
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CITY COUNCIL MINUTES
- Deceber
18,
1985
F. SPECIAL ORDERS:
Item l.a)
Lands
of Bob Owen Homes,
Inc. (continued):
van Tamelen stated that she had net approved this request because the lot was
crowded on account of the leach field which had been requested by the applicant
and the 30' setback from Burke Road was detrimental to the Town, injurious to the
neighbors and against the principles of the Tom.
b) LANDS OF BOB OKEN HOMES, INC., Int #6, Bentley Court, request for a
special land use permit to allow construction of a new residence having
a height in excess of fifteen feet (two story application)
This request was withdrawn by the applicant.
C) LANDS OF CBANO, 27300 Carrington Circle, 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 report dated 12/11/85 which noted that the Site
Development Committee recmrne ded approval of the Special Land Use Permit for the
proposed project based on the project's conformance with the guidelines for ordinance
#295.
Mr. Chang, applicant, explained to the Council the redesign of his plans as a result
of a field trip held earlier with the Site Development Committee. Both the Mayor
and Councilmmber Allison complimented Mr. Chang on the excellent job he had done
on the redesign of his project.
MDTION SECOIDID AND CARR.IF9: Moved by Allison, seconded by van Tamel.en and passed
unanimously to approve a special land use permit for the Lands of Chang for a new
residence having a height in excess of fifteen feet based on the project's conformance
with the guidelines for Ordinance #295.
d) LAMS OF nV02FF, 27961 Central, request for a special land use permit
to allow construction of an addition having a height in excess of fifteen
feet
The Town Planner presented her report dated 12/11/85 which noted that the Site
Development Committee reosmended approval of the special lard use permit for the
proposed garage based on the project's conformance with the guidelines for Ordinance
#295.
Mr. Markoff, applicant, explained that the property needed a lot of work done to it
and he was requesting a garage, which the property presently did not have, as a place
to do the work needed. Be further noted that there would be no visual impact on the
neighbors.
Mrs. Betsy Bertram, 11859 Page Mill Road, commented that she was a neighbor of Mr.
Maroff's and supported his request for a garage. Mrs. Bertram further noted that
Mr. Markoff had considerably improved his property and the neighborhood since he had
moved in.
D MCN SEMMED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed unani-
m3usly to approve a special lard use permit for the lards of Markoff for a garage
having a height in excess of fifteen feet based on the project's conformance with the
guidelines for Ordinance #295.
mm
F. SPECIAL ORDERS: (continued):
oftr e) Resolution # establishing rates of charges to be made in connection
with Site Deve 16Inient applications
The City Manager referred to his staff report dated 12/11/85 which rated that the
Town's new Site Developnent Ordinance, recently adopted, necessitated new Site
Development Fees to pay the Town's cost in processing development.
MDTION SEI.=ED AND CARRIED: Moved by FUhrman, seconded by Rydell and passed unani-
mously to adopt Resolution #175 establishing rates of changes to be made in connection
with site development applications.
G. DNFINISBED BUSINESS:
1. Lands of Korpontinos, Site Approval, File SA #4-83: request from applicant for
reconsideration of site approval by Council at 11/20/85 meeting.
The Town Planner referred to her 12/12/85 staff report which included the recannerda-
tion that Council maintain the Planning Commission's recoimierdation for a conserva-
tion easement on the site under discussion. These conditions were approved by the
Commission on 11/20/85. The report also included the cament that a primary purpose
of the easement was to protect a very significant stand of oak and bay laurel.
Mr. Anthony Iagorio, applicant's attorney, explained why his client wanted the con-
servation easement modified to allow for the removal of certain trees for construction
of a tennis cant.
Mr. Greg Cass, 232 Flynn Avenue - Mt. View and potential buyer of the property, stated
err was not to remove any trees but if they had to they woo rep en.
At the most three trees would have to be removed. Mrs. Cass also commented on the
excellent job their architects, Steinberg and Associates, were doing on the project.
Mr. Korpontinos, applicant, presented a brief background on the condition for a
conservation easement and the location of the tennis court.
M7II0N SECOMIDED AMID CARRIED: Moved by van Tamelen, seconded by Rydell and passed
unanimously to extend the conservation easement lines as drawn by the Planning
Staff on the file reference map to exclude the three trees as requested by the
applicant for the Lands of Korpontimas, File SA #4-83.
2. Iands of Hansen, Site Approval, File SA #2-85: request by applicant for
clarification of pathway conditions as approved by Council on 8/7/85
Mr. Hansen, applicant, stated that it was his understanding that the pathways condition
.A and 3.B)discussed as one issue at the 8/7/85 Council meeting and
both conditions had been deleted. However, he would accept Condition 3.B if the
reference be the Pathways Committee was deleted.
Council reiterated that they had specifically discussed only condition 3.A at the
8/7/85 meeting and the minutes of that meeting accurately reflected their intent
and actions. Mayor Pro Ten Fubrman noted that she had not been present at the 8/7/85
meeting.
PASSED BY CONSENSUS: The minutes of the 8/7/85 Council meeting reflect the intent
of the City Council and stand as written and approved.
ae
CITY COUNCIL MIN[= - Dece nber 18, 1985
G. UNFINISHED BUSE4ESS (continued) :
%W 3. Status Report on Frrnnnt Road S -Cu ve
The City Engineer referred to his 12/12/85 report which noted that Council had
held a study session on 11/26/85 and four alternatives for the Fremont Road
S -Curve were determined for consideration. These alternatives are: 1) provide
path at same level as roadway; 2) upgrade path along existing alignment; 3)
renovate existing path; and 4) provide path on southwesterly side of F=ont Road.
The Council would be selecting an alternative at their 1/15/86 Council meeting
and Alison requested that cost estimates for alternatives 2, 3 and 4 be made
available prior to that meeting. Allison also requested cost estimates for the
following three auxiliary projects: 1) widening of Edith Avenue; 2) drainage
igmvemnts; and 3) undergrounded utilities along F=ont Road.
4. Report on limitations of access and corrections of road defects - Central Drive
The City Manager referred to his 11/11/85 report which noted that the following
actions would be taken after the removal of vegetation on the Central Drive
Elrexgency Access Road: 1) Moody Court (end of road) - strengthen the post supporting
the chain vehicle barrier, extend a new vehicle barrier frau the existing barrier
to the equestrian pass through and add a motorcycle barrier similar to what is
installed at Edgerton trail in the equestrian pass through; 2) Red Bock Road (end of
road) - add motorcycle barrier at equestrian pass through; 3) blade and roll the
existing natural material through the length of the anergency access road; and 4)
add approximately 15 cubic yards of base roack at transition from emergency access
road to Red Rork Road. (Stare 3 and 4 will be done during the spring as weather and
J61, ground conditions permit.)
Mrs. Betsy Bertram, 11854 Page Mill Road, ted that large parts of Central
rive were being torn up by large pieces of construction equipnent. She suggested
that anyonebuilding should be responsible for damage done to private roads and
further oufinented that she thought the notification process should be extended further
than 300'.
5. Proposed Policy Statement Regarding Setbacks
Mrs. Betsy Bertram, 11854 Page Mill Road, stated that she felt the setback determina-
tion was very conrusing and the issue needed to be clarified.
PASSED BY CONSENSUS: To adopt the following as an interim policy statement until
the ordinance is changed: For purposes of interpreting Section 9-5.504 (c) (1) (Setback
Lines) , where a lot abuts on more than one street, easement or official plan line and
a residence exists on the property forty feet or more distant frau all streets, ease-
ments, or official plan lines, it shall be concluded that the present or previous
property owner made the selection of application of the forty foot setback line at
time of construction of the residence. The determination of the property owners
selection shall be made as follows: a) If the Town has within its files an approved
plan, submitted by the present or previous property Omer, which indicates a line
forty feet distant f= a street, easement or official plan line then said forty
foot line shall be the forty foot setback; b) If the forty foot line described in item
a above does not appear on the approved plans within Town files then the forty foot
setback shall be established along the street, easement of official plan line from
which access is taken.
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CITY CDUNCIL MINUPFS - December 18, 1986
{, G. UNFINISHED BUSINESS:
�I 6. Secondary Dwelling Criteria
Mayor Dronkert referred to her 12/12/85 meso which included the suggestion
that new criteria be established for secondary dwellings. The niero also
included a suggested starting point as follows: any enclosed accessory
structure that is large enough to sleep in and which contains a toilet and
sink is a guest house and will require a conditional use permit as a
secondary dwelling.
Council discussed various options including registration of secondary dwelling
units as opposed to obtaining a conditional use permit. It was agreed to
agendize the sirplification of the secondary dwelling criteria for the 1/15/86
Council meeting.
H. SPECIAL REPORFS:
1. Reports from Standing Committees:
2. Reports from Ad Hoc Committees:
a) Heritage House
Fuluman reported that Ed Coli was preparing a financial report on the Heritage
House. The Building Official, Dave Linebarger, was spending a substantial
amount of time working on the House and additional work on trenching needed to
be done by PG&E. In the near future a report on the building coverage of the
house would be presented to Council.
3. Comments from Council:
a) Dronkert: Consideration of appointment of Council representative to
Planning Commission
Mayor Dronkert noted this would follow the same procedure as Planning Cs issioners
attending Council meetings. In her opinion such attendance by Councilmsmbers
was particularly in¢ortant with all of the planning changes taking place at this
time.
PASSED BY CONSENSUS: To prepare a schedule for Council representatives to the
Planning Commission Meetings with the notation that a Councihnember cannont attend
a certain meeting, they will advise the City Clerk. Mayor Dronkert agreed to attend
the 1/8/86 Planning Comniission Meeting.
b) Dronkert: Clean Water Task Force
Dronkert noted that a meeting of this Task Force was scheduled for 12/19/85 and
she was planning to attend.
c) Dronkert: Letter dated 12/16/85 from John Mozart
r Dronkert referred to the recently received letter from Mr. Mozart which asked for
�r Council response to a letter to the editor of the Peninsula Times fm Mr. Luis
Yanez, Planning Commissioner, concerning Mr. Mozart's permit to build a garage.
CTTY COUNCII. KDRYf'FS - December 18, 1985
H. SPECIAL REPORTS: Iten 3.c) Letter from Mr. Mozart (continued):
PASSED BY CONSENSUS: To send a response to Mr. Mozart stating that Mr. Yanez'
letter did not reflect the views of the Council and he was speaking as an
individual.
Mrs. Betsy Bertram, 11854 Page Mill Road, stated she was appalled at the permit
ora 35 car garage arJ she agreed with Mr. Yanez' conments.
d) Drcnkert: Foothill Board of Trustees Meeting
Dronkert noted that at a recent meeting of the Foothill Board of Trustees the
issue of the possible formation of a JPA for police services was discussed. The
Development Policy Group had several concerns about this matter and the issue
will be discussed further at the next meeting of the Board on 1/6/86.
e) Fuhna : Transportation Co` nssion
Fuhrman inquired if Council supported the proposal from the Chairman of the Trans-
portation Comdssion for high occupancy vehicle lanes in Santa Clam County to
PA se traffic. Majority support for this proposal was expressed.
•�a•••a ••••,a. •• na v n • «s is
1. City M4nager:
2. City Attorney:
a) Appointment of Assistant City Attorneys
MJTION SECONDED AMID CARRIED: Moved by Rydell, seconded by Fubran and passed
unanimously to adopt Resolution #176 appointing Marc G. Hynes and Susan St.
Clair as Assistant City Attorneys.
3. City Clerk: Report on Council Correspondence
Council accepted the report dated 12/12/85 on Council correspondence.
4. other:
J. NEW BUSINESS:
1. Planning Commission vacancy
As a result of Comnissioner Kuramff's resignation from the Planning Cannission
it was noted an appomtment would be made to the Comaission to fill this vacancy
at the 1/15/86 Council Meeting. In addition to a Press Release in the Town
Crier and posting within the Trion, a copy of the press release would be sent to
each Standing Committee Chairman with the request that they advise their committee
manbers of the vacancy.
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J. NEW BUSINESS: (continued):
2. Letter dated 12/10/85 from Mr. Bellucci regarding conditional use permit
Dronkert noted that a letter had been received from Mr. Bellucci requesting
reactivation of his conditional use permit and waiver of fees. Allison was
opposed to considering the matter again. However, the City Attorney noted that
that applicant had a right to make his request and have the matter heard. This
issue will be agendized for the January Council Meeting.
3. Zoning Ordinance Review Subeaamittee
Allison questioned the status of this review process and was notified that no
action had been taken and further review would be discussed in January.
4. E1 Retiro
Commissioner Struthers referred to the report she and Conmissoner Carico had
prepared for submittal to the Ins Altos Planning Commission and City Council on
the subject of the E1 Retiro Property. This report, dated 12/18/85 and on file
at Town Hall, outlines general concerns of the Town regarding the development
of the El Retiro property and states specific concerns concerning area A plans
and area B plans of the property. Cmmissioner Struthers requested Council's
support of submittal of this doc=ent to the Ins Altos Commission and Council.
PASSED BY CONSENSUS: The City Council »nanimm,cly supported the report Cprepared
( by Ccnudssioners arico and Struthers dated 12/18/85 on the subject of the
El Retiro property.
There being no further new or old business to discuss, the City Council adjourned
at 11:20 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk