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HomeMy WebLinkAbout07-01-1981 City Council Minutes MINUTE.S SARATOGA CITY COUNCIL TIME: Wedne~sda~, July 1, 1981 - 7:30 p.m.' PLACE: City Cduncil Chambers, 13777 FruitSale Avenue TYPE: Regular Meeting AGENDA ACTI ON EXECUTIVE SESSION - Litigation- 6:00 p.m. COnference Rocxn #2, Administration Building REGULAR MEETING - 7:30 p.m. COuncil Chambers I. ORGANIZATION A. BOLL CALL Councilmembers Clevenger, Jensen, Mallory, Watson, and Mayor Callon - all present. B. MINUTES - 6/17; 6/23 Clevenger/Watson moved approval. Passed 4-0 (Jensen temporarily absent). II. CGMMDNICATIONS A. ORAL Monique Ernst, 15625 On Orbit Road, presented her request for permission. to close Bohlmann Road per written cc~m~tnication #6. She did not present the plan for alternate access; plan for notifying affected property owners; approval of emergency services; or approval of the Santa Clara COunty Transportation Agency for closure of the COunty' s portion of BOhlmann Road, as requested by staff the pre- vious week. Mayor Callon stated that in order for Council to consider her request, Mrs. Ernst should work with staff to develop the above materials. Glen Singer, .214 Ayery La~e, #4, LOs Gatos, stated his belief that the City was pro- viding his phone number to unauthorized · persons. He was referred to the Director of Ccfanunity. Services. Shelley Wiliiams, ~11951 Brookridge Drive, requested support for SB 215. Paisa Kocher, 14519 Big Basin Way, stated that non-residents should not be on the General Plan Citizens Advisory ,Cc~mittee. THE PUBLIC HEARINGS WERE HFLD NEXT BUT ARE LISTED IN AGEB~DA ORDER FOR THE PURPOSES OF THE MINUTES. B. WRI'Ff~LN Referred tQ Staff. 2-7/1/81 AGENDA ACTION lIII. SUBDM SIONS, BUILDING SITES, ZONING REQUESTS A. RBQUEST OF WILSON E. HOLBROOK FOR Staff and Councilmembers discussed issues. It ~ ~.-~W~IVER OF APPEAL DEADLINE was noted that property owner previous to Mr. · ? Hobrook had expanded the residence over 50% but had inadvertently not been asked to comply '~ . ~.. --= with conditions which were. now being placed on Mr. Holbrook. ' ~, "~'~" "'~' ~7' ' - ~-, ..... t CONTINUED TO 7/15. -. =. B. REQUEST OF JAMES FUQUA FOR WAIVER OF Staff and CouncilmemberS'discussed issues. It ~PPEAL DEADLINE was noted :that appellan~ did not claim any staff error in requesting a ~raiver of the appeal deadline. CONSENSUS TO DIRECT CITY MANAGER TO INFORM MR. FUQUA THAT THERE ARE NO PROVISIONS FOR WAIVER OF APPEAL DEADLINE IN CITY ORDINANCES. IV. PETITIONS, ORDINANCES, AND RESOLUTIONS A. QUITO ROAD/~I,I.RNDALE AVENUE 'BICYCLE JENSEN/CLEVENGER MOVED TO ADOPT RESOLUTION FACILITY NO. 1024. Passed 5-0. City Manager directed rio thank the Schiblers, who dedicated eas~nent. V. PUBLIC HEARINGS - 8:00.p.m. , A. APPEAL OF PLANNING COMMISSION DENIAL City Manager stated that the date of August 19 OF USE PERMIT AND DESIGN REVIEW was available for de novo hearing on this APPROVAL AT 20473 SARATOGA-LOS GATOS appeal and that it was agreeable to the ROD (Applicant/appellant, Imperial applicant. Savings and Loan) MALLORy/CLEVENGER MOVED TO SET AUGUST 19, 1981, 8:00 p.m. AS THE TI~ FOR DE NOVO HEARING ON THE SUBJECT APPEAL. Passed 5-0. B. DE NOVO HEARING: USE PERMIT TO ALLOW City Manager and Planning Director reviewed CONSTRUCTION OF CABANA AT 19104 appeal and the issues involved, noting that . SPRINGBROOK LANE (Applicant/appellant, the Planning Commission had voted unanimously Norman Dion) to deny the appeal primarily because it be- lieved that there was a possible alternative " location. Harry Brenond, attorney for the appellant, spoke in favor of the Use Permit. He stated that the locations of beth the cabana and the house were dictated by the.shape of the lot. and could not be changed. The alternative, he said, was to build a smaller cabana with accessory structures, which would not be aesthetieally pleasing. Mr. Bremond asserted that the size of the cabana had been determined by the size of the solar panels planned for the roof, where they v~Duld be most unobtrusive. The impact would be minor because the cabana ~ould be screened by landscaping, and the Dlacenent of the cabana in relation to the house would make it=appear smaller. MOreover, he said, with the cabana as planned, all the noisy equipment could be housed in one structure. As to the neighbors, Mr. Bremond pointed out that the plan meets the setback requir~nents on the other three sides, end no neighboring property ~cr~ners had complained about the planned cabaria. 3-7/1/81 AGENDA ACTION In response to Councilmember Clevenger, Asst. Planner Flores noted that there was nothing ~o prevent the applicant from building several accessory structures rather than one cabana if he mot the setback requirements. Councilmember Watson noted that the orginal intent seemed to have been not to build a cabana and asked whether the applicant had been aware of the setback requirements. Mr. Bremond replied that the cabana had been in the original plan,. buti_the~exact location had not been specifiedl Den Smith, architect for the project, explained how the location had been determined. Councilmember Watson, Mayor Callon, and CoUncilmember Mallory inquired as to other options. Mr. Smith said that there wore other possibilities, but the cabana could not be moved closer to the pool. Furthermore, 'he said, there is a creek in the area which is a watershed for 80 acres; that area is being maintained as a natural preserve. The Public Hearing was closed-at 8:40 p.m. Councilmember Clevenger inquired as to whether granting the appeal would set a precedent. City Attorney statedl l.that it would not set a precedent that would have to be followed, since every case is taken on its own merits. Councilmembers discussed the merits of the case. Councilmember Watson stated that the adjacent property would be impacted and that the Council should be sensitive to a loss of open space. He believed that the solar p~nels could be put on a rack, and that the Council should not mhke a practice of making rulings that "meet the spirit" of the Zoning Ordinance. At the request of Councilmember Mallory, Planning Cc~missioners King end Crowther rose to clarify the Planning C~nntission's Opinion On the issue. Both stated that they had not been in attendance at the meeting. Councilmember Jensen spoke in favor of up- holding the Zoning Ordinance because of the visual impact of the project. Solar panels might be installed flat, she said, but later propped at an angle to catch more sunlight. She believed that the potential neighbors should have their rights protected, and that there was a great deal of structure already. Councilmember Clevenger asked whether the owner would need permission to prop the panels. Asst. Planner Flores replied that modifications would have to be submitted to and approved by the Planning Department. She stated that 'ordinances should be upheld, but that the applicant had made a good case, so she could vote for the use permit. AGENDA ACTION Cobmcilmember Mall6ry stated that the cabana would be of. more value than detriment for the [area, and he would therefore vote for the use '~ ~* CAT,TON/CLEVENGER MOVED TO GRANT THE USE PERMIT .... -- BASED ON THE CONDITIONS OF THE STAFF REPORT AND WITH THE CONDITION THAT THE SOLAR pANR~T.q BE MOUNTED FLAT ON THE ROOF OF THE CABANA. ' '~ .~ '2 Passed 3:2 (Jensen, 'Wats~l.opposed). C. ORDINANCE AMENDING ORDINANCE NS-3, THE City Manager Stated that the expiration date ZONING ORDINANCE, WITH RESPECT TO : of the current interim urgency ordinance was CERTAIN SECTIONS CONCERNING DESIGN September 3, so that the ordinance could be REVIEW AS IT RFZATES TO SIN~T,m-FAbLILY scheduled for the study session 7/7, for DWR~LLINGS AND THE REQUIRED NEGATIVE second reading July 15, and would go into DECLARATION. effect August 15. The main purposes?OFfthe ordinance were to apply more objective design considerations to assist the City in reaching its subjective goals and to provide a process for resolving conflicts, particularly in the ever-increasing in-fill situations.. He reviewed the floor 'area ratio and impervious cover standards, as well as the height restrictions.' He further explained that if Council wish,ed to adopt the ordinance as part of the Zoning Ordinance, any substantial changes would have to be re£erred back to the Planning Cc~mission; if, hewever, the Ordinance were made part of the general City Code, it would not return to that Comnission. With respect to the timing, Mayor Callon pointed out that .the interim ordinance could bel extended if necessary; or the new ordinance could be adopted as an urgency ordinance with a 4/5 vote. Planning Director noted that a Section f. on · . page 6 was needed concemir~ rear.'~y~rd set- backs for mlti-story structures to replace another'section which was being repealed. Coanci]/nember Jensen 'expresSed her concern that the workload of the Planning Conu~ssion might be increased too greatly. She felt another body might be needed, .but that the Ordinance should' nevertheless be adopted with- out delay: Alan King, speaking for the Planning Cc~Taission stated that the .CuL,l~ssion needs criteria by which to make judgmentS}'; which the proposed ordinance provides. The standards, h~ever, were open to question: the height standards, for instance, were too ccmplicated. MOreover, the Comnission did not agree, he Said, that they .should utilize an architec[ural review cc~n~ittee. Speaking for himself, Ccelnissioner King pointed out that cclununities change, and scene of the larger structures bg. ing built as single-family residences may beccme apar~nents. '~-7/1/8i AGENDA ACTION With the long term in vi, ew, he said, the Council should adopt guidelines .and standards which could not be violat~d~without legally required findings. Shelley Williams, 11951 Brook~idge, spoke "' ~ next. He favored as little regulation as ="" possible, saying that the variety of homes increases with less regulation. He .,felt the ~ ..... -. height limitations._s~hould be studied further, .- since landscapin~ cohld screen high houses, ....... and two-story conversions ~hould be encouraged He also believed that the buyer ~hould have the use of his property. Nancy Arias, Canyon View Drive, stated that her major concern was in-fill situations. She felt the ordinance was beneficial be- cause it would s~et standazds-for people to work with. She believed th& height limita- tion, though, should be changed to trigger a Public Hearing ,for' a~'22.' roof. Charles Robbins, 19348 MOnte Vista Drive, stated that an architectural ~dvisory cc~mittee had existed when he was on the Council and suggested that staff investigate that. Raise Kocher, 14519 Big Basin' Way, felt that it was more important to have a professional person to visualize plans rather than rules set by ordinance. Russell Crowther,. 20788 Norada Court, stated that 'the ordinance would help the Planning Commission with its workload, b~cause it set up objective criteria; Section 7 would redhce the workload further. The ke~ item, he felt, was public involvement; the architectural review cul~,,~ttse should be used more.. MALlORY/WATSON MOVED TO CONTINL~ TO JULY 7, AT 7:30. Passed 5-0. Note: At this point, the Council took a short break, and due to a realfunction, the tape recorder did 'not recor~ '~'e remainder' of the meeting audibly.- ' D. APPEAL OF ~ING ~SSION DECISION City Manager ind Assistant pl~anneF. F~ores TO GRANT USE PERMIT FOR SOLAR PANELS, reviewed issues'. I, .. · 19405 Bainter (Applicant, Jack Plate;. appellant, Donald & Blyth~ Ba~ci) The Public Hearing Was openedz. Donald Bacci, 19261 Citrus Lane, spoke as the appellant~ saying that his'objection was not to solar panels, but to th.e proposed placement of the 'racks~ ' He-submitted photo- graphs of the area and stated his belief that there were other possible locations for the racks which would not impinge upon his pri- vacy. 6-7/1/8} AGENDA ACTION Councilmember Clevenger pointed out that the Platos had enoug~ acreage to split their lot, so that the Bacci's could have anticipated that there might be more structures built on the Plato property. Jack Plato, 19405 Bainter, spoke as the applicant, saying that the proposed location for the racks was the only practical one, since hE did not wantT~H~/H~in his front yard, and trees shadedother-areas. He stated that the McLaughlins' solar panels are visible frc]n his living area. Mr. Plato said he would be willing to put up screening or find another solution with the Bacci's cooperation. Russell Crowther stated that!one= Planning Comnission ' s key considerations was that the panels were in such a position that screening would solve the privacy problem. The Public Hearing was closed. Councilmember Clevenger said that the Platos should be allowed to place the Iinnet~ 100' frcm the property line. Councilmember Jensen presented her concern about the possibility of a proliferation of p~nels of industrial appearance on the land- scape. She believed the pahels should be put closer to the interior.~of the property. Councilmember Watson stated he would .... vote to grant the appeal because this was a problem which the neighbors could resolve the~nselves~by planting screening. Mayor Callon said that the panels wore an adequate distance frcm the Bacci property, considering the conditions on screening which the Planning Commission had imposed, so the appeal should be granted. Councilmneber Mallory said he believed the 100' distance to be adequate, together with the mitigation measures. He felt the Council should be concerned, however, about the adverse visual impacts in the future. Councilmember Clevenger stated that with 3 acres of open space the Platos should be able to realize the advantages of their land; they were not impacting the neighbors adversely. CLEV~N~ER/MALIDRY MOVED TO DENY APPEAL. Passed 3-2 (Jensen, Watson opposed). 7-7/1/81 AGENDA ACTION VI. BIDS AND CONTRACTS A. NOTICE OF COMPLETION ~ REROOFING OF CLEVENGER/JENSEN MOVED ACCEPTANCE OF NOTIC~E !~"7~"~'~IVIC THEATRE OF ODMPLETION. Passed 4-0 (Mallory ~-.L" NOTICE TO THE PUBLIC All items listed under Iten VII, Consent Calendar, are considered. to_be routine by the City Cou~ii '~d w~ill be enacted by on& motion in the fo~m= listed b~tow. There will be no ~epara~te ._diFcussion of these Items. If discussi6n is-required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. VII. CONSENT CALENDAR JENSEN/CLEVENGER MOVED ADOPTION AND ACCEP- TANCE. Passed 5-0. A. ACCEPTANCE' QF?.~I. FfS FOR SARATOGA APP~OVED. CO~q~UNITY LIBRARY. B. PAYMENT OF CLAIMS. APPROVED. VIII. ADMINISTRATIVE M3tTI~ERS A. MAYOR NONE B. COUNCIL & 'COMMISSION REPORTS NONE C. DEPARTMENT HEADS AND OFFICERS 1. Director of Public Works a. Report On Agreement for the Councilmembers, staff, and a representative Abatement of Weeds by the 0f the County Fire Marshall discussed the County of Santa Clara issues. Councilmember Watson asserted that the City might be able to do the weed abate- mant in the future. He noted the steep rise in administrative costs under the current contract. REVISED AGREtlMENT. Passed 4-1 I (Watson opposed). b. Fruitvale Avenue Bicycle JENSEN/MALLORY MOVED TO AU1YDRIZE EXPENDITURE Facility OF $2,000. FOR DESIGN OF FRUITVALE AVENUE BICYCLE FACILITY. Passed 5-0. 2. Planning Director a. Report on General Plan Citizens WATSON/JENSEN MOVED TO THANK THE ~'ITEE Advisory Cc~kittee Work : FOR THEIR WORK AND ADOPT THE WORK SC~DIIBE. Schedule Passed 5-0. - 8-7/1/81 , ~. : AGENDA ACT ION b. Referral frcr~ Town of Los , --':.~..; Councilmember Jensen brough~ up the ~ubject Gatos: 41-Unit Development : item, stating that ~_he proposed density was Proposal on Pollard near Quito too great and traffic too heavy. '~' (Added at meeting) JENS~N/CLEVENGER MOVED TO DIRECT PLANNING _~ ? DIRECTOR TO INDICATE TO LOS GATOS CITY -' COUNCIL THAT ,PROPOSED DEVELOPMENT IS MUCH TOO DENSE AND SARATOGA WOULD PREFER A: DENSITY REDUCED TO CONFORM MORE CLOSELY TO -' ...... '~ SARATOGA'S,DENSITY. ~ed 5-0. At a later point in the" meeting, Shelley Willia~s rose to address the Council on -, this subject. He stated that the County' has a housing crfsi.s.,, and the'referral should have been thoroughly discussed. He , noted that the referral 'was neither on the [ agenda nor in the public ,packet. D. CITY A~IDRNEY 1. Report on Litigation Expenses for City Attorney reviewed minutes-of May 20 Medfly Suit ~ meeting, when Council had withdrawn from Medfly suit in which it had joined with ,, five other cities end Santa Clara CoLmty. Councilmember Mallory felt. the City did not have a contract end thus ~was not obli- gated to pay the full bi.ll. Codncilmember Watson was dismayed that the Council bad not been informed of the increasing amount of the bill but felt the City did have a contract: CounciLmember Jensen stated that she still wished to have the protection of the lawsuit. City Attorney read a memo from Walt Hays, the attorney conducting the litigation, Which indicated that the total amount of the bill h~,d been incurred by May 4, but it had not been-computed. -, ., . Councilmembers discussed their individual opinions and decided that more information was needed. -~_ CONSENSUS TO D~RECT' CITY MANAGE~ TO D~'~RMINE WHETHER OTHF~ CITIES INVOLVED..IN SUIT HAVE PAID THE BILL ,AND TO REROR~ TO ,COUNCIL JULY7. E. CITY MZ~AGER 1. Report on Proposals for Consulting City Manager explained that. Fred Caploe had Services for Preparation of decided it was Lnappropriate for him to be Ord~ences in Connection with involved in the preparation of ordinances ' Implementation of Specific Plan and'~litigation on the same subject. He had : for Northwest Hillside therefore withdrawn his offer to write, the ordinances implementing the Specific Plan. City Manager had requested proposals and received two responses: Ironside and - Associates end Spengler. He explained the 9-7/1/81 AGENDA ACTION two proposals and recommended that he be authorized to conduc~ a further search and report to the Council. / · ' \ CONS~qSUS TO DIRECT CITY MANAGER TO SEEK ~ FURTHER PROPOSALS FOR CONSULTING SERVICES \ .... ~ _j TO PREPARE O~DINANCES IMPL~v~?rING THE ~ SPECIFIC PLAN, INCLUDING MORE COMPIEI'E PRO- FOSALS FROM IRONSIDE AND ASSOCIATES AND j--- " " SPENGLER'AND REPOF~ TO COUNCIL AUGUST 19. IX. ADJOLE~MENT - '12:00 or"earlier JENSEN/WATSON MOVED ADJOURNMENT AT 11:55 P.M. TO ADJOURNED REGULAR MEETING:AT 7:30 P.M. ON JULY 7. Passed 5-0. Respectfully suhnitted, Grace E. Cory Deputy City Clerk