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HomeMy WebLinkAbout08/20/1975``r CITY COUNCIL TOtii! OF f OS ALTOS BILLS 26;79 Fremont Road ;_os Altos Hills, Calivnrnia MINUTES OF ^i REGULAR MEETIUG Wednesday, August 20, 1975 ^.c Reel 79: Side 2. Tr. 1,001-Fnd; Side 1, Tr. 1, 001-215 Mayor Grabowski called the Regular Meeting of the City Council to order at 7:30 P.fi. in the Council Chambers of Town Hall, 20379 Fremont Road: A. P,;,L! CALL: Present Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alex Russell, Town Planner Ken Pastrof, Commissioner Perkins for Planning Commission, Deputy Clerk Norma Hislop. Press: San Jose iiercury-Flews - Flr. Chuck Anderson Palo Alto Times - Mr. Buzz Eggleston Los Altos Town Crier - iiiss Vicki Applegate B. CONSENT CALENDAR: firs. Irma Goldsmith, Chairman, Traffic & Public Safety Committee, requested '..•at the Minutes of August G, 1975, Item C, page 4, be corrected to refl=_ct the Corsaittee's concern for the safety of equestrians, pedestrians and joggers, as well as bicyclists, as indicated in those Minutes. Council ;o agreed. At the request of Councilman Cheney, Item 4 a) was removed from the Ccnserit Calendar for separate consideration. 'TEAS REMOVFD FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 4. Resolutions for Adoption: a) Reso. N_ setting tax rate, FY1975-76. Council.,an Cheney stated that he felt strongly that the Town's ex- penditures set at $.30should perb$100reduced, assessedand ved valuation. Counct the ilmanrate ficReynoldsTown sec,inded the motion. Discussion ensued between Council members regarding how a decrease +e tax revenue could be offset. Councilman Helgesson commented that the Town had gone over budget last year, and any decrease in the tax rate would force the Town to dip into the reserve fund. Councilman Cheney thought that Council should take the lead. in an attempt to hold the tax line in check or not point a finger at the federal government. CITY COUNCIL MINUTES - August 20, 1975 ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): Councilwoman Miller noted that other communities who had adopted a reduced rate for municipal taxes had a commercial base. She pointed out that the Town had no such base, and since the imposition of a subdivision moratorium, that revenue was also lost. She said the Town was already borrowing against ranted this er onlythe 0meanathatnd. taxesdthat if a would have toxbeeraisednwas next year; thereforeasheicould ld not support this motion. Mayor Grabowski stated that he would support such a motion if he could be shown how the decrease in tax revenue could be offset. He said that he thought the tax rate was minimal for the Town, and that citizens would have to look to Sacramento for proper tax relief. The question was called, and the motion to decrease the tax rate failed by the following roll call vote: AYE: Councilman Cheney. NO: Councilmen Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski. MOTION SErONDED AND CARRIED: Councilwoman Miller moved, seconded by Councilman 4W Chc.,cy and unanimously carried to adopt the CONSENT CALENDAR as amended, namely: 1. Approval of Minutes - August 6, 1975 (Regular Meeting), Amended. 2. Approval of Warrants - $14,974.78. 3. Actions of Variance & Permit Commission: a) Lands of Marcus, File #BSA6051-75 - recommended BSA approval. b) Lands of Wong, File #BSA6050-75 - recommended BSA approval. 4. Resolutions for Adoption: a) Reso. #896 setting tax rate, FY 1975-76 at $.35 per $100 Assessed Valuation. b) Reso. #897 authorizing exercise of option to purchase real property from and ordering payment of money to the Nature Conservancy (Byrne Preserve). c) Reso. #898 accepting Corporation Grant Deed and ordering recordation thereof (Byrne Preserve). c) Reso. #899 ordering reduction on Assessment #817, S.A.D. #9. 5. Flo?ions for Adoption: a) Motion authorizing release of bond, Lands of Parker, File #A3007. C. SPECIAL REPORTS: 1. Presentations from the Floor: NONE -2- CITY COUNCIL MINUTES - August 20, 1975 O. STAFF REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. Citv Manaqer: a) Letter from Fire District re violation of Section 4-2.116 of LAN Municipal Code re: fire hazard. hi:- Crowe reported that a letter had been received from the Los Altos Fire Protection District regarding property located on O'Keefe Lane which had not been disced and was therefore creating a fire hazard. the owner had been contacted and to date no action had been taken. Under the Code, Council could direct the discing to be done at the owner's expense, and this was now the request of the Fire Department. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Coun-il- woman Miller and carried unanimously to direct that the City Manager proceed with discing the property located at 25391 O'Keefe Lane and charge this back to the owner of the property. 2. City Attorney: s) Ciaim of Nm. A. Antonioli re: water damages. b) Claim of Victor C. Bellomo re: water damages. Mr. Gillia notified Council that the two claims received by the City were the result of damage to real property arising from the S.A.D. #10 contract. He recommended that Council reject the claims and forward them to the Town's insurance carrier. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman McReynolds and unanimously carried to reject the claims of Win. A. Antonioli and Victor C. Bellomo and forward to the Town's insurance carrier. E. SPECIAL ORDERS: 1. Public Hearings: a) Ordinances for Adoption: Ordinance #225, an Ordinance of the Town of Los Altos Hills amending Chapter 1 of Title 4 of Municipal Code entitled "Emergency Services." Mr. Crowe explained that the Ordinance before Council was to update the Town's Municipal Code and hae been prepared in general conformance with State guidelines. He read the title of the Ordinance at the request of Council. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman Cheney to waive further reading of the Ordinance. Motion carried unanimously. -3- CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (Cont'd): ORDINANCES FOR ADOPTION (cont'd Mayor Grabowski declared the public hearing on this Ordinance open at 7:55 PM. There being no comments or objections from the floor, the Public Hearing was closed at 7:56 Ph1. Councilman Helgesson moved, seconded by Councilman Cheney to adopt Ordinance #225. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski NO: Councilwoman Miller ABSENT: NONE ABSTAIN: NONE b) Hearing on Report of Sewer Service charges for 1975-76 tax roll: Mr. Crcwe reported that a Resolution was required from Council in order to place the 1975-76 sewer service charge (Palo Alto) on the tax roll. Mayor Grabowski declared the public hearing on the matter open at 7:58 Pfd. f, There being no comments or objections from the floor, the public hearing was �r declared closed at 7:59 P.M. Councilman Helgesson moved, seconded by Councilwoman Miller and unanimously carried by roll call vote, to adopt Resolution #900 adopting Palo Alto Sewer Service charge Final Report and authorizing transmittal to County Assessor.. 2. Re;uest for relief from Check List condition, Lands of Corbus, File # 99-73. Mr. Crowe stated that the owners of the property had written to Council asking for relief from two conditions on the original check list dated in 1973: Item 1 was for the relief on the pathway condition which required a 20' horse path; Item 2 was relief from the 100' Conservation Easement on the property. Staff presented a viewgraph of the property, pointing out the locations of the path easement and the Conservation easement Mr. and Mrs. Corbus addressed Council regarding their concerns for these conditions and the reasons they were requesting relief. Discussion ensued between Council members and the applicants concerning the conservation ease- ment which had been imposed to prevent the construction of a permanent structure on this land which had a slope density of 60%. Councilman Helgesson moved to delete Item 6 from the original list of conditions and substitute in lieu the condition that a Conservation Easement be placed or, the land running from a point 100 feet from the boundary line of the property along the southern boundary (Page Hill Road), continuing northerly to a mid -point of the property line, north 290 and 240 east. Councilman Cheney seconded the motion which carried by the following roll call vote: -4- CITY COUNCIL MINUTES - Auqust 20, 1975 SPECIAL ORDERS (Cont'd):' LANDS OF CORKS (cont'd): AYE: Councilmen Cheney, Helgesson, Mayor Grabowski NO: Councilman McReynolds, Councilwoman Miller ABSENT: NONE ABSTAIN: NONE Councilman Helgesson moved, seconded by Councilman Cheney to delete Condition #10 of the original check list pertaining to the pathway re- quirements. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: NONE ABSTAIN: NONE "s. Appeal to reconsider Council action of 8/6/75 in denying request for exemption from building moratorium - Lands of Wright, APN 182-04-059: City Manager Roberi; Cro:ie gave a brief background of actions taken to date, in that Staff had recommended approval of the request, Planning Commission had forwarded the matter to Council with the recommendation that the request be approved, and the subsequent denial of the request by the Council at their meeting of August 6, 1975. Mr. Alfred Chasuk, Attorney, Mountain View, representing the applicant, addressed Council regarding the hardships the denial imposed on the property owner, and that much study had gone into this request to insure that the concerns of the Town addressed in the Resolution imposing the moratorium were complied with. Mr. William Longmeyer, Mountain View, Engineer for the applicant, also addressed Council pertaining to the average slope of the property under consideration. Speaking for the Planning Commission, Commissioner Perkins commented that the property had been studied carefully and the Commission was of the opinion that the property did not present any insurmountable problems. Wrs. Wright, owners, stated that he had been attempting to develop her property for nine years, and that the present moratorium imposed a financial hardship on her unless the property could be developed. Discussion ensued between Council, Staff, and Mr. Wright's attorney and Engineer relating to the request and Council's concerns. In response to (` questions from Council, Mr. Chasuk noted that the applicant would be willing to have the tentative map conform to any amendments which might be added to the present subdivision ordinance. -5- CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (CONT'D): LANDS OF WRIGHT (cont'd): After further discussion, Councilman Helgesson moved that the request for exemption from the subdivision moratorium be granted for the LANDS OF WRIGHT, with the stipulation that the tentative map comply with the projected Ordinance changes. Councilwoman Miller seconded the motion which carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski .i0: NONE ABSENT: NONE ABSTAIN: NONE 4. Review of Site Development Application - Lands of Morgan, File 03405, #5174-75 (Site Development), BSA#28-66 (Salfen). Mayor Grabowski questioned Staff regarding the percolation tests done on this property. City Engineer Alex Russell responded with the history of Health Department findings, and their response concerning the E percolation tests. �r Mr. Morgan, applicant, addressed Council, stating that over $5,000 had been spent to date on engineering costs in order to build a residence. He requested that Council refer the matter back to Staff so he could proceed with the development of the property. Mr. Crowe stated that the matter was before Council at the request of a resident who had requested that Council review the matter. After further discussion, Councilman Helgesson moved, seconded by Councilman Cheney to deny review of the site development application, Lands of Morgan, and refer the matter back to Staff. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski NO: NONE ABSTAIN: Councilwoman Miller ABSENT: NONE. 5. Adobe Creek Lodge, File #CU8004-74, Application for Conditional Use Permit. Mayor Grabowski stated that the applicant would be given time to address Council, after which, the members of the public who wished to address this subject would be heard. After the public spoke, Council would hear the applicant's summary and the matter would return to the Council table for discussion and action. -6- CITY COUNCIL MINUTES - August 20, 1975 40, SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): Mr. William Zoller, San Jose, Attorney representing the applicant, addressed Council regarding the request before them. He suggested that Council impose the conditions recommended by Staff as those under which the Use Permit be granted, if Council determined this evening it would grant the Permit. Speaking from the Floor: Planning Commission Chairman Judith Carico, requested that her comments be read into the record: "I received a communication this week, and as regards to the Study Session that the Council and the Planning Commission and the applicant had, and there was a statement that the Planning Commission concurred with the modifications. The Planning Commission attended the Joint Study Session only to support the conditions the Planning Commission recommended and to answer any questions for clari- fication that the members of Council or the applicant might have. But we do not concur in any modifications." SPEAKING FROM THE FLOOR IN FAVOR OF GRANTING THE USE PERMIT. SPEAKING FROM THE FLOOR AGAINST GRANTING HE USE PERMIT. Mr. Oscal Sobel Christopher's Lane. Mrs. A ma 4100 tonebrook ve. Mrs. Ann Boborickan, rloog Road. Mrs. Carol Phy, Moody Road. Mrs. Ann Spencer, Sherlock Court. rs. M. Gallo, LaLanne. Mrs. Lucille Gould Ortega Drive, requested that her comments be read into the record: The issue a ore the Council is the granting of a Conditional Use Permit for a non-profit club. We received a card, and I'd like to read this card, if I might, because I want to refer to it just briefly in the rest of my presentation. 'One acre zoning is the issue,' says this card. 'Some say the only way to protect our zoning is to subdivide Vie entire Town into one -acre parcels. There are a few ways that our present zoning can be challenged. One way is if an indi- vidual owns a sufficiently large amount of land to make the fight for [t high density development monetarily worth while. The Adobe Creek Lodge is one such undeveloped area left in Los Altos Hills. The Adobe Creek Lodge has applied to the Town Council for a permit to allow it to continue as a non-profit recreational facility which is a currently permitted use. -7- CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): 'As a non-profit recreational facility, it would not threaten the in- tegrity of current one -acre parcel development. The Planning Commission has recommended the issuance of the permit, but with the addition of twenty-seven conditions that make the permit impossible to work with. The alternatives are uncertain and may well threaten the current zoning. Come to the Council meeting if you are at all concerned about your neighborhood. Make your opinion known to the Council. It cannot repre- sent you unless you give it the proper backing.' And it just says, 'Save Adobe Creek Lodge,'and so forth. I presume this card was mailed from the Adobe Creek Lodge. "I'd like to comment further. The Adobe Creek Lodge has never baen a non-profit club or facility. Yet this card states it wants to continue as a non-profit facility. This is an erroneous statement by itself. Our zoning will be jeopardized if the Council allows the two family unit single buildings to continue , as our zoning specifically calls for single family dwellings on a minimum of one acre. There are at present approximately 44 structures of one kind or another on about 15 acres of ` the 90 acre parcel. This is high density, and developed land by any- body's standards. This card also contains, it seems to me, an implied threat that a fight can be made to change our zoning by an individual owning a large amount of land. And this card states Adobe Creek Lodge is one such undeveloped area. Our zoning was upheld by Judge P.eigle,, therefore, this card, I feel, is an attempt to confuse the issue of granting a Conditional Use Permit for non-profit facilities that is not in existence at present. "If the Council grants the Conditional Use Permit, I urge you to make certain our zoning ordinances will not be put in jeopardy. And keep in mind the 9th District Court of Appeals, last week, in the case that came up in Petaluma, ruled that (and this is quoted), 'practically all zoning restrictions have, as a purpose, the effect of exclusion of some activity or type of structure or a certain density of inhabitants. Thank You." Mr. !dilliam Zoller, attorney for the applicant, summarized by leaving the action now to Council and reiterating that the applicant favored the conditions recommended by Staff. City Manager Robert Crowe read the list of conditions as recommended to the Council from the Planning Commission, noting changes and modi- fications as they were read. Council comment follows each specific condition discussed: (Conditions herein reflect the changes and modifications.) (NOTED FOR THE RECORD: Councilman McReynolds had elected to abstain taw from voting on this matter. See his statement contained in Minutes of July 0, 1975, page 7.) CITY COUNCIL MINUTES - Auoust 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 1. The Conditional Use Permit is for a non-profit tennis and swim club. Except as conditioned herein, the non-profit club characteristics, facilities, activities, site, etc., shall be as described in the CONDITIONAL USE PERMIT STATEMENT OF APPLICATION dated April 1, 1975 as revised May 21, 1975, and as shown on the Area Description Map dated April 1, 1975 submitted in support of the STATEMENT OF APPLICATION. (No Council objection to acceptance of this Condition.) 2. The Conditional Use Permit shall be issued in the name of the Los Altos Hills Country Club, a non-profit corporation, and shall run with the life of the corporation, or until the CUP is amended or cancelled. The CUP shall not become effective until all of the following have been completed: a. Proof has been provided to the satisfaction of the City Attorney that the non-profit corporation has been established pursuant to the provisions of California non-profit corporation law; and a copy of the by-laws have been filed with the Town, A copy of the Articles of Incorporation will be submitted to the Torn before said Articles are filed; (No Council objection to acceptance.) b. Reserve to Mr. Bellucci the use of his residence dwelling; Reserve to Mr. Bellucci the use of the private residence located in Area "C+" on the Plot Map on the hillside south of picnic activity center, in accordance with the Tom's Ordinance. (Councilman Cheney did not think the applicant should be mentioned by name. City Attorney Frank Gillio suggested that the Use Permit be drawn up by Council, Staff and himself, when the conditions have been drawn up, and the wording cleaned up at that time. Council agreed, and directed the City Attorney to re-rwrd this condition while keepinq the intent.) c. The 92.74 + acres and improvements designated on the Description Map for non-profit recreational use shall have been leased to the non-profit corporation; that a copy of the executed lease shall be filed with the Town. (No Council objection to acceptance.) d. Trail and path easements and improvements parallel to Moody Road and in the upper portion of the Open Space Reserve will be deeded as an easement to the Town as may be recommended by the Pathway Committee, and approved by the Planning Commission and the City Council. Applicant shall either construct trails and paths according to the Town's standards, or pay in -lieu fees to the Town. (No Council objection to acceptance.) -9- L CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 3. Only those buildings, structures and facilities described in the CUP STATEMENT OF APPLICATION and shown on the Area Description Map shall be permitted. No other buildings, structures or facilities shall be erected or installed without amendment to this CUP, except those re- quired by the Santa Clara County Health Department and the Los Altos County Fire Protection District. (No Council objection to acceptance.) 4. Activities shall not result in more than 400 vehicles and 1000 persons on the property at any given time. (This condition was amended by Council on motion by Councilwoman Miller, seconded by Councilman Helgesson, and carried with Councilman Cheney voting "No", Councilman McReynolds abstaining. Motion amendment is as it appears above.) 5. The 64 + acres designated as permanent open space on the Area Description Map shall be maintained in permanent open space and no grading or structures other than are approved as part of the CUP or as part of an approved trail and path system and are of a minor nature shall be permitted. (No Council objection to acceptance of modified condition.) 6. For the period of one year from the effective date of the CUP, the maximum hours of club operation shall be as follows: a. Tennis: April 1 to Sept. 30: 8:00 AM to 8:00 PM. Oct. 1 to March 31: 8:00 AM to sunset. (No Council objection to acceptance). b. Swimming: April 1 to Sept. 30: 8:00 AM to 8:00 PM. Oct. 1 to March 31: 10:00 AM to 7:00 PM. (No Council objection to acceptance.) c. Food and beverage service in Supper Club and Tally -Ho Restaurant; Sunday thru Thursday: 10:00 AM to 10:00 PM. Friday and Saturday, Special Events: 10:00 PM to Midnight. Special Events may run until 2:00 A.M. twenty (20) times maxiumum per Calendar Year. Snc.ck Sar No;:rs: "ama as fcr bmis. (Item c was amended on motion by Councilwoman Miller, seconded by Councilman Helgesson and carried with Councilman Cheney voting "no", Councilman McReynolds abstaining). d. The Club shall be closed one day a week. L On or about one year from the effective date of the CUP, at the time of ` the first annual review, the Planning Commission, at a regularly scheduled public hearing, shall review the hours of operation and may, based on information presented, as necessary, recommend a change of hours of operation to ensure that objectives of the General Plan and Zoning Ordinance are being met. -10- 4W CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS: (CONT'D) ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd.) (Hording in paragraph below Item d was amended by Mayor Grabowski for clarification purposes, with consent of Council.) 7. Requested conditions of approval of the Santa Clara County Health Department, contained in the Department's letter of December 3, 1974, or modifications thereof approved by the Department, shall be complied with in a timely manner. In this regard, prior to the effective date of the CUP the applicant shall submit a plan and time schedule for compliance with the Health Department's requirements. Written proof, to the satisfaction of the City Manager shall be provided verifying approval of the compliance with all Health Department conditions. Verification of compliance shall be provided to the satisfaction of the City Manager. Upon verification, the City Manager shall record in the appropriate CUP file at Town Hall that conditions have been complied with. (No objection to acceptance of this condition by Council after a dis- cussion in which it was agreed upon by Council, Staff and applicant that the plan to be submitted would be one that stated the time frame in which the conditions of the Health Department would be completed and not a detailed engineering plan.) 8. Conditions of approval requested by the Los Altos County Fire Protection District in the District's letter of November 25, 1974, or modifications or additional conditions thereof approved by the District shall be ad- hered to. Within one hundred and eighty (180) days of the effective date of the CUP, the applicant shall provide verification to the satisfaction of the City Manager that these conditions of approval have been complied with. Upon verification, the City Manager shall record in the appropriate CUP file at Town Hall that conditions have been complied with. (No objection to acceptance of this condition as amended by Council.) 9. Prior to the effective date of the CUP, the applicant shall cause to be completed a thorough evaluation and plan of on-site circulation and parking related to estimated peak period on-site traffic conditions (including maintenance and/or improvements of parking areas.) This evaluation shall be completed to the satisfaction of the Traffic and Public Safety Committee and the City Engineer, and shall include a com- prehensive plan addressing interior circulation that will ensure rapid traffic movement away from the primary entrance to the club and ease of access to adequate parking areas with minimum conflict with pedestrian and equestrian traffic. The proposed twenty (20) new paved spaces shown on the Area Description Map immediately west of the primary entrance shall not be permitted because they would hinder movement between the entrance and the main parking area. Traffic control and parking facilities shall meet the approval of the Los Altos Hills Chief of Police, Sheriff of Santa Clara County and Fire Marshall. The approved evaluation and circulation/parking plan shall be presented to the City Council and as appropriate, the City Council shall require implementation of the plan. (No objection to condition as amended by Council.) -11- CITY COUNCIL MEETING - August 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 10. Prior to the effective date of the CUP the applicant shall have completed a thorough engineering evaluation to the satisfaction of the Traffic and Public Safety Committee and theCity Engineer of traffic movement limitations resulting from cars awaiting to enter Lodge property during peak periods. As part of this evaluation, specific corrective measures shall be recommended and implemented at the cost to the applicant within two hundred and seventy (270) days of the CUP: a. Adequate on-site parking and turnaround areas must be provided. b. All roads leading to or from parking lots (including those located on the ancient landslide mass) must be capable of simultaneously carrying two-lane traffic for safety and fire hazard protection. c. Owner may be required to install a left-hand turn stacking lane at main entrance capable of handling a minimum of eight cars, (widening road where necessary), to ensure safety, expeditious traffic move- ` ment and no delay to emergency vehicles. d. Traffic control facilities and resources shall meet the approval of the Los Altos Hills Chief of Police, Sheriff of Santa Clara County, and the Fire Marshall. (No objection to condition as amended by Council.) 11. Until the plan referenced in Condition 8 (above) is prepared and approved by the Planning Commission, development of any new on-site parking facilities shall not be permitted; particularly the proposed twenty (20) new paved spaces shown on the Area Description Map immedi- ately west of the primary entrance shall not be permitted unless found by the Commission to be appropriate as a result of the interior circu- lation/parking evaluation. (No Council objection to the approval of this condition.) 12. Prior to the effective date of the CUP, calculations shall be sub- mitted in support of the hydrologic data contained on pp. 23 and 24 of the final Environmental Impact Report for the subject Conditional Use Permit. These calculations shall be verified to the satisfaction of the Santa Clara Valley Nater District and the City Engineer. Applicant to comply with conditions of the Santa Clara Valley Water District. (No objections to condition as amended by Council.) 13. The non-profit club will notify the Town at least seventy-two (72) hours in advance of special Club events and outside activities of one hundred and fifty (150) or more persons, and make all necessary arrange- ments for peace officers approved by the Town to direct traffic and on- site circulation, including crowd control and security during the course of, and two hours preceding, one hour subsequent to, such event. A minimum of one peace or security officer will be required for one hundred and fifty to three hundred (150-300) persons, and additional peace officers for over three hundred (300) persons to be determined as re- quired by the Town. The non-profit club will take care of the expenses -12- CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 13. (continued) incurred in such matters. In any event, notification shall be in writing and shall include the following information: a. Number of persons to attend and vehicles expected. b. Character of the event, facilities to be used, etc. c. Estimated hours of event, starting and stopping times, expected peak arrival and departure hours; d. Person in charge of event coordination, traffic control, etc., esho can be reached if problems arise; e. Any other pertinent information to the event. If problems are encountered, the City Manager and representative of the permittee shall meet and resolve problems. (No objection to acceptance of Condition as amended by Council.) 14. There shall be no outdoor lighting, except that required for safety. All outdoor lighting shall be permitted only if shielded to prevent adverse impact on adjoining properties, and lighted tennis courts shall be prohibited. (No Council objection to acceptance of Condition.) 15. The Noise Abatement Committee shall, during the operation of the Club, monitor the use of the facility and report to the Planning Commission at the time of each annual review, or sooner, if necessary, on: a. Specific problems regarding noise generated from the facility which is incompatible with surrounding residential uses; b. Recommendations for noise attenuation, if necessary, to ensure that noise levels are compatible with noise generally prevailing adjacent residential uses, with emphasis based on mitigating measures to ensure lessened noise from tennis courts and buildings. c. (Pertaining to the use of power equipment and hours permitted for their use: It was the concensus of Council that this Item - 15 c. - be set aside until more clearly defined and amplified by the City Attorney at the time the final document of the Conditional Use Permit is presented for Council approval.) Based on findings of the Noise Abatement Committee, the Planning Commission may, as appropriate, amend the CUP to include noise [ attenuation treasures. 16. Prior to the effective date of the CUP, the applicant shall prepare a landscaping plan. The plan shall address, but not be limited to, relatively dense surrounding landscaping of the tennis activities, the aold nd thenic propertyilinescenter, thethe north, northeastpedestrian eastculation The landstetn, -13- 4 CITY COUNCIL MINUTES - August 20, 1975 SPECIAL REPORTS (CONT'D): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 16. (continued) scaping plan shall be prepared and planted to the satisfaction of the City Engineer, the Environmental Design Committee, and the Noise Abatement Committee. A faithful performance bond shall be posted with the Town guaranteeing the implementation of the landscaping plan. Such landscaping shall be completed within one year of the effective date of the CUP. The planting shall be subsequently maintained by the Club. (No Council objection to acceptance of Condition.) 17. The two tennis courts in Area "A" may be upgraded to regulation size. All tennis courts will be for exclusive use of members and guests of members. (No objection to condition as amended by Council.) 13. The Conditional Use Permit shall be subject to annual review for com- pliance with conditions of the Use Permit and for modification or addition of conditions as necessary to ensure continued compatibility of the use with surrounding areas and the Town. At the time of the first annual review, the City Manager shall specifically report on the status of compliance with all conditions and present all complaints received during the year. (No Council objection to acceptance of Condition.) 19. The house trailer shall be removed from the subject site within ninety (90) days of the effective date of this Conditional Use Permit. (No Council objection to acceptance of Condition). 20. All residences, other buildings, structures and facilities shall be maintained at all times in line with Town building code and health and safety standards. a) PENDING. b) PENDING. c) PENDING (Council concensus on Items 20 a, b, and c, above, was to hold these over pending re -writing by the City Attorney for purposes of clarifi- cation.) d) All usages which may be non -conforming to the Town's ordinances and Municipal Code shall cease no later than January 26, 1976. e) Adobe Creek, as contained within the confines of the Club, shall be cleared of debris and kept clear at all times. (No Council objection to acceptance of Items 20, sub.d and e, above). 21. There shall be one responsible person on site during all business hours. `r The Town shall be furnished with a current, up-to-date roster of responsible club employees and officers, including addresses and tele- phone numbers. (No Council objection to acceptance of this Condition.) -14- CITY COUNCIL T4INUTES - August 20, 1975 SPECIAL ORDERS (COMT'0): ADOBE CREEK LODGE REQUEST FOR CONDITIONAL USE PERMIT (Cont'd): CONDITIONS: 22 All Club;ood and catererseverage will be anrexcepti nerations shall forbspecial occasions. operated non-profit a. The non-profit Club shall provide the Town with an independently unaudited annual financial statement, specifying in reasonable detail all sources of income, including those from outside sources. The independent CPA to be approved by the City Council and the audit furnished at the applicant's expense. (No objection to Condition as amended by Council.) 23 evidence of insurance�indemnifying n on file tthe hTown tagainstetory The Club shall liabilitynagr � (No objection to acceptance of Condition by Council.) 24. The Conditional Use Permit and lease will be effective for twenty (20) years. They can only be transferred upon prior approval of the City Council. (No objection to Condition as amended at the suggestion of the City t Attorney and approved by Council.) �r 25. The Club shall have a maximum of seven hundred and fifty (750) family memberships. Membership shall be either of two classes: social or full membership. Not more than two guests per member will be allowed per week. (This condition was amended on motion by Councilwoman Miller, seconded by Mayor Grabowski and carried, with Councilman Cheney voting ..No,., Councilman McReynolds abstaining.) 26. (This Condition is deleted, and audit concept referred to within shall be incorporated into Condition 22 along with a provision that the guest chit slips may be audited from time to time by the Town.) (No objection to deletion, amendment or alteration of this Condition by Council.) ted in nic 27 and barbeque facilities sinnArea c"C"'twill ies lbeaexcluded hfrom cuse grounds The following y the Club: a. Snack Bar storage shed. b. Office. c. Picnic tables and barbeque facilities, other than a maximum of twenty-five (25) tables and related barbeque facilities. 11it`A n ninety (9q) days of the effective date of the Conditional Use - 'ermit, 1 excess Picnic tables.anI barbeque facilities (Asea "V. 14W and the Snack Bar storage shed shall be removed. (No objection to acceptance of condition as amended by Council.) -15- CITY COUNCIL MINUTES - August 20, 1975 SPECIAL ORDERS (CONT'D): ADOBE CREEK LODGE RERUEST FOR CONDITIONAL USE PERMIT (Cont'd): Councilman Cheney moved, seconded by Councilman Helgesson that a Conditional Acceptance of the application for a Conditional Use Permit for Adobe Creek Lodge be granted subject to the conditions recommended by the Planning Commission and amended by Council; final approval subject to formalization of the Conditional Use Permit by the City Attorney and subsequent review by the City Council. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: NOME ABSTAIN: Councilman McReynolds. UNSCHEDULED ITEM: Mrs. Ann Spencer, Bicentennial Committee, invited Council and residents to meet the artists who participated in the Committee's recent sketching contest The event would be held at the Fremont Hills Country Club from 4-7 PM on August 24th. She stated that notepaper with scenes of historical sites within the Town would be available that evening for the first time. Because of the lateness of the hour, Council agreed to hold over all remaining items on this evening's Agenda to their next regularly scheduled meeting. I. ADJOURNMENT: Council adjourned at 12:00 Midnight to their next Regular Meeting of September 3, 1975. Respectfully submitted, Norma J. Hislop Deputy City Clerk -16-