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HomeMy WebLinkAbout07/19/2012 Approved August 22,2012 Minutes of a Special Meeting Town of Los Altos Hills PLANNING COMMISSION THURSDAY, July 19, 2012, 7:00 p.m. Council Chambers, 26379 Fremont Road 1. ADMINISTRATION OF THE OATH OF ALLEGIANCE AND SEATING OF NEWLY APPOINTED PLANNING COMMISSIONERS City Clerk Deborah Padovan administered the oath of office to Jitze Couperus and Susan Mandle. The Planning Commission acknowledged former Commissioner Eric Clow for his work on the Planning Commission and presented him with a gift of gratitude. 2. ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Partridge and Commissioners: Abraham, Couperus, Harpootlian and Mandle Staff: Debbie Pedro, Planning Director; Richard Chiu, City Engineer; Brian Froelich, Associate Planner; and Sarah Corso, Community Development Specialist 3. RE-ORGANIZATION OF THE PLANNING COMMISSION MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion by Commissioner Harpootlian and seconded by Commissioner Abraham to appoint Richard Partridge as Planning Commission Chairman for a one year term. MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion by Commissioner Abraham and seconded by Commissioner Partridge to appoint John Harpootlian as Planning Commission Vice-Chairman for a one year term. 4. PRESENTATIONS FROM THE FLOOR-none 5. PUBLIC HEARINGS Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Harpootlian had met the applicants for Items 5.1, 5.2, and 5.3; Commissioner Abraham had met the applicant for Items 5.1, 5.2, and 5.3; Commissioner Mandle had met with the applicants for Items 5.1 and 5.2, and saw the property for Item 5.3; Commissioner Couperus had met with the applicant for Item 5.2; and Chairman Partridge had met with applicants of Items 5.2 and 5.3.. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 3 5.1 LANDS OF WADHWANI, RED ORCHID AND BLUR ORCHID, 26170, 26238 AND 26240 West Fremont Road (File #135-12, 146-12 and 147-12-PM). PERMIT MODIFICATION TO A SITE DEVELOPMENT AND VARIANCE PERMIT FOR THE REALIGNMENT OF BARRON CREEK APPROVED BY THE CITY COUNCIL ON MARCH 14, 2012; The applicant proposes to move approximately 370 linear feet of the creek 16.5 feet back to the east from its previously approved location. Modification to the approved fence exception to locate a fence within 25 feet of the creek and modification to a variance to allow three bridges and associated paving within the setbacks is required. No new impacts to trees and wetland vegetation will occur. CEQA Review: Addendum to Mitigated Negative Declaration(Staff-Cynthia Richardson). Cynthia Richardson, Planning Consultant, presented the staff report for the project. The Planning Commission is asked to approve the addendum to the Mitigated Negative Declaration and to approve the requested modifications to the previously approved Site Development permit for creek realignment, a fence exception, and a setback variance for bridges and paths. The creek channel realignment was approved by the City Council on March 14. The applicant found their needs on the Orchid properties would be better suited with awider building envelope. The proposed changes required an addendum to the original CEQA document; the conclusion of the addendum was that the proposed changes would not result in new significant impacts. The biologic report requires mitigation for the removal of 42 willow trees located below the top of the bank and 17 trees on the top of the bank; 42 trees are to be planted within the reconstructed storm drain easement and 34 trees are to be planted outside the storm drain easement. A revegetation plan will be prepared and plantings are proposed to be native riparian plantings. Approval is requested to move the existing wrought iron fence on the east side 15 feet from the proposed realigned top of the bank. The applicant requested modifications to four of the conditions. Staff supports the modifications to conditions 3, 7, and 25. After discussion with the Open Space Committee, staff concurred with changing "landscaping" to "vegetation" in condition 14. Tom Klope, Project Landscape Architect, explained the need to shift the channel 16.5 feet toward the existing sewer line which would add greater value and benefit for the future uses of the Orchid properties. The requested change allows the channel to be more symmetrically placed in the open space and extends the narrowest portions of the building envelopes from 74 feet to 90 feet in the east/west direction. The approval of the channel alignment will allow construction to begin prior to the October moratorium. Commissioner Mandle asked whether a plan for planting was prepared that is compatible with the maintenance needs of the five foot wide path. Mr. Klope stated the Town asked that the path remain natural,which is included in the plans. Commissioner Mandle asked the Biologist whether 15 feet is an appropriate setback. Devina Ohlson, Biologist, responded that the 15 feet was appropriate based on the existing condition of the graded channel and would provide a benefit to the realigned channel and preserve the biological integrity of the realignment. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 4 CHAIRMAN PARTRIDGE OPENED THE PUBLIC HEARING There were no comments from the public. CHAIRMAN PARTRIDGE CLOSED PUBLIC HEARING Commissioner Abraham stated he saw no negative issues with the project request. Commissioner Mandle acknowledged that the project is an improvement but would like to see the five foot strip planted with native plantings. Commissioner Harpootlian stated he supports the project. Commissioner Couperus agreed that the project is an improvement but expressed caution for erosion where the creek curves after the bridge. Chairman Partridge stated that he would like to see less of an impact from the bridges but felt the project is an improvement over the prior proposed project. He would like to see a buffer on the west bank to keep weeds from growing into the channel. Planning Director Debbie Pedro advised that staff can work with the applicant and the City Engineer on any modifications to the landscaping in the maintenance corridor. MOTION MADE,AMENDED, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by Commissioner Abraham and seconded by Commissioner Harpootlian to approve the Addendum to the Mitigated Negative Declaration in Attachment #1 and approve the requested modifications to the previously approved Site Development Permit for creek realignment, a fence exception, a setback variance for bridges and paths, subject to the modified variance of approval in Attachment #2 and modified conditions of approval in Attachment #3 of the staff report dated July 19, 2012. Additionally, the applicant and staff should look at the planting of the 5' wide Town maintenance corridor with appropriate vegetation; and approve the modification of condition#14, as reported by staff. AYES: Commissioners: Abraham, Couperus, Harpootlian, Mandle, and Chairman Partridge NOES: None . ABSENT: None ABSTAIN: None 5.2 LANDS OF YIU, 26880 Elena Road; File#5-12-ZP-SD-GD; A request for a Site Development Permit for a 5,000 square foot new two story residence with a 2,746 square foot basement and a 719 square foot basement garage (Maximum height: 27'), a new driveway access to Elena Road, swimming pool and removal of three (3)heritage oak trees. The applicant is also requesting a Grading Policy Exception for portions of the driveway and Fire Truck Turnaround. CEQA Review: Categorical Exemption per Section 15303 (a) and (e) (staff-Brian Froelich). Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 5 CONTINUED FROM THE JUNE 7, 2012, PLANNING COMMISSION MEETING. Brian Froelich,Associate Planner, presented the staff report. The proposal is for a new residence, swimming pool, and removal of three heritage oak trees.The property includes an existing single story, ranch style home which will be demolished. The driveway easement is shared with 26875 Elena Road and is to be abandoned with the new construction. A two-story residence with nearly a full basement, two parking spaces in the garage, and two surface parking spaces along the driveway lane are proposed. With regard to the Grading Policy Exceptions, there are three areas of additional cut associated with the driveway and fire truck turnaround. The areas total 610 square feet with cuts up to 11 feet in depth; the fill area, along the driveway lane is 1,266 square feet of fill up to five feet, where three feet would be allowed. There is a small area of six square feet where an additional six inches of fill is requested associated with the swimming pool. A petition was received with opposition to the oak tree removal, and concerns about the driveway slope were received. Compliance issues relate to the basement and a wall at the end of the basement. CHAIRMAN PARTRIDGE OPENED THE PUBLIC HEARING Simon Yiu, applicant, explained that he purchased the property to build a house for his parents. He has met with several neighbors and Commissioners to discuss the scope of the project. Steve Stept Architect, stated the proposed home is 5,000 square feet with a master suite on the main level and space for family gatherings. The project took into consideration the privacy of the neighbor to the north. Concerns expressed by neighbors were considered with regard to privacy, tree removal, landscape screening, noise pollution, hydrology, grading and drainage. Two options were looked at in the site analysis: having the driveway bisect the front of the site with a fire truck turnaround on the southern portion of the site or moving the driveway straight up the hill with the fire truck turnaround in the back and shift the pool to the southern portion. A more confined area for the pool was created. The design of the building was sensitive in terms of massing, natural materials, and scale. Pete Carlino, Civil Engineer, stated that the site was a constrained, upsloping lot. Three constraint issues were looked at: driveway location, drainage, and the proposed septic system. The driveway was shifted away from the intersection of Elena Road and centered to give clear line of sight distance and smooth transition out into the road. The drainage system was designed for extra storage of water. Water runoff from the property was a big concern. A culvert will be added to drain down the road to the Foothill Lane catch basin. The architect added that the design was created to be sensitive to neighbors and to meet the needs and goals of the family. With regard to compliance issues, an error in the CAD drawings of the basement was found. The error was fixed and there is no change in the design. Another issue had to do with reducing the house by 6.25 square feet. Director Pedro clarified that the proposed 24'1" wall is not in compliance with the basement ordinance; however, if the natural grade is put back to meet the 28 inch requirement, that portion Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 6 would not be counted as daylighted, and the 25 percent daylight requirement would be met. The window needs to be made smaller in order to meet the daylight requirement. The Architect stated he is willing to make the necessary changes and added he is confident that there are no other errors. Commissioner Couperus asked about the location of air conditioning, electrical, mechanical and compressors. The Architect explained that the location of the mechanical equipment is on the southwest corner of the building. Jeff Pack, Acoustical Engineer, stated that, given the distance to the nearest property, he would not expect any noise problems. He added he has not looked at the equipment in detail. Commissioner Harpootlian stated he visited the property and discussed with the Architect about lowering the driveway area. He added that the Architect indicated a couple feet might be feasible which would reduce the overall slope of the driveway. The Architect explained that it is possible to lower the driveway area which would lower the slope of the driveway. There is no benefit to lowering the building. Additional excavation and higher retaining walls would be an added expense to the property owner. Commissioner Harpootlian would like to see an option with the driveway, noting that there is a difference between a 20 percent driveway and an 18 percent driveway. The Architect stated the driveway could be lowered where the fire truck turnaround is which would lower the level of the garage by two feet and the entry of the house by two feet. Lowering the building would lose the opportunity to bring light into the whole house from both sides. Discussion was held about undergrounding utilities. Mr. Carlino indicated he spoke with PG&E about the utility line coming from Elena Road and options. The utility line can be placed underground, at a cost; a new easement line will need to be rededicated under the utility line and an all weather access will need to be placed over the line. The neighbor's utility line would also have to be underground. Commissioner Abraham suggested an alternative to put the meter close to the property line at Elena which would be the termination point for PG&E. No further access roads would be needed. Larry Del Carlo, neighbor at corner of Elena and La Baranca, objected to the removal of the heritage oak trees and the slope of the driveway. Carl Snyder,neighbor, objected to the removal of the trees and offered that his architect designed his residence without having to remove any trees. He stated that the applicant's driveway perspective on the architect's drawing is misleading in scale. He encouraged the Planning �.` Commission to give careful consideration to the project before approving it. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 7 Don Harriman, neighbor on Elena, objected to the swimming pool in the front yard because it will be a nuisance to the neighborhood. John O'Connell, neighbor, stated that the 2,000 square foot driveway turnaround at the rear of the property adjacent to his property intruded on his privacy. He suggested it is feasible to design the house to maintain one or two of the oak trees. He objected to the 20 percent gradient of the driveway which will generate much noise from vehicles traveling up and down the driveway and objected to the basement being exempt from floor area. Steven Chang, neighbor, referred to prior comments made about an existing easement off his driveway to the Yiu property. He explained that the easement was extinguished, and the Yiu's property access is on a Driveway Site License that will expire at a set time period or if a new property is built. He added that the free use of the driveway will expire on August 23, 2012, and the absolute use of the driveway expires in three years. His prior concerns related to privacy and soil instability have been satisfactorily addressed by the applicant. Lennie Mok, daughter of Mr. and Mrs. Yiu, spoke in support of the application and urged the Planning Commission to approve the project. Jeff Pack, Acoustic Engineer, stated that he visited a Storyhill Lane property with a similar grade and similar pavers that are planned for the proposed project and measured three scenarios: cars traveling up the driveway, cars in the flat area in front of the garage, and cars traveling down the slope. He summarized details that were presented in the noise analysis report. The Architect addressed the issue of the basement ordinance and stated he is convinced the project is in compliance. With regard to the proposed tree removal, he stated that it is necessary for the fire truck turnaround. He stated that he looked at other options to try to save a tree but the location of the fire truck turnaround would require removal of the trees. CHAIRMAN PARTRIDGE CLOSED THE PUBLIC HEARING Commissioner Harpootlian supports the design of the project and acknowledged that the property is a challenge. One of his concerns is to try to reduce the steepness of the driveway. He is interested in addressing the undergrounding goals of the Town and supports granting more cut in order to allow lowering the driveway a couple of feet. Commissioner Abraham did not concur with the idea of lowering the driveway to reduce the slope. He supports the removal of the oak trees and added that the applicant has been very considerate of the privacy of the neighbors.He supports the idea of undergrounding the utilities. Commissioner Mandle pointed out that the previous project that was approved would have removed the same trees and was approximately the same size house with a driveway in approximately the same location. She supports the proposed turnaround location because it is below grade level and will help with noise reduction. She is not in favor of lowering the driveway but would like to see screening between the new house and the neighbors prior to approval. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 8 Commissioner Couperus supports the proposed driveway which is an improvement over the plan that came before the Planning Commission two years ago. He is sensitive to hydrology runoff and notes that the applicant has done more than what he was asked to in order to capture runoff, hold it and dissipate it through an energy dissipater.He supports the project. Chairman Partridge supports ensuring that the house meets the Town's codes which he believes the applicant can work out with staff. He supports the design of the house and applauds the applicant for addressing the neighbor's concerns and concurs with his fellow Commissioners on the undergrounding utility issue. Director Pedro noted that the current policy on undergrounding has been in place for quite awhile; the ordinance that carries out the policy can be amended or modified if the Commission wished to make a suggestion. She recommended that the discussion be agendized for a future meeting, at which time the Commission could make changes. She explained that the applicant is in compliance with the ordinance. Commissioner Abraham wants to see a discussion with a representative from the City Council in order to come up with a policy and ordinance that will support undergrounding. Director Pedro pointed out that the Town had an ad hoc Undergrounding Committee which could be revived to study the issue. Chairman Partridge commented that the landscape screening plan comes after the framing of the house is finished; the Planning Commission has the option to request that the plan come back for further review. MOTION MADE, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by Commissioner Abraham and seconded by Commissioner Harpootlian to approve the requested Site Development Permit for the new residence, driveway, swimming pool, removal of three (3) heritage oak trees and the Grading Policy exception for the driveway, subject to the recommended Conditions of Approval in Attachment#1 of the staff report dated July 19, 2012, and findings for the Grading Policy Exception in Attachment#2. Additionally, the applicant and staff will work together to modify the grade at the planter area along the west wall outside the stairwell and entry area, to be at an elevation of 532.9 or higher; add a condition to require the applicant to submit a revised floor plan to reduce the floor area by a minimum of 6.25 square feet; and landscaping plan to be brought back to the Planning Commission. AYES: Commissioners: Mandle, Harpootlian,Abraham,Couperus ; and Chairman Partridge NOES: None ABSENT: None ABSTAIN: None Richard Chiu, City Engineer/Public Works Director, suggested that discussion be held with several Council Members regarding the undergrounding of utilities and then to form a subcommittee to further the discussions. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 9 5.3 LANDS OF SHYU, 26200 Catharine Court; File #145-12-ZP; A request for a fence permit and an exception to replace a six(6) foot tall solid wood fence, with a reduced setback of 30 feet from the Fremont Road right-of-way centerline where a 60 foot centerline setback is required. CEQA Review: Categorical Exemption per Section 15303 (d) (staff-Brian Froelich). Brian Froelich, Associate Planner, presented the staff report. The request is to replace the rear yard fence which fronts Fremont Road. That fence had deteriorated and was removed by the owner. The proposed fence will be a new version of the previous fence. He pointed out that staff researched the subdivision from the late 1970s and found records showing that the entire Fremont frontage was fenced as a condition of approval of the subdivision. Staff could not find information on why the fence was required but found a condition that precluded a concrete wall from being constructed around the subdivision. A letter from a neighbor was included which indicated that the developer was to construct a wooden fence for all properties facing Fremont Road. Debbie Pedro, Planning Director, pointed out that the property is constrained by the fact that it has three sides that face roads. The applicant has developed the rear yard with a tennis court and other hardscapes; if he were to replace a six foot solid fence to be compliant, the fence would need to be set back an additional 30 feet inside the property, which would create issues with the existing development in the rear yard. She added that there are other properties along Fremont that might be affected by the project;thus guidance from the Planning Commission is requested. Commissioner Harpootlian noted that the information from staff shows that planting is planned outside the fences. Planner Froelich reported coming across the planting plans and letters from neighbors that indicated the area was not properly irrigated. The plantings had included Eucalyptus and Oleander. Director Pedro cautioned the requirement of landscaping next to the fence because the right-of- way will be used for a Type 2-B path, a bike lane and possibility a shoulder. Commissioner Mandle clarified that the options are to approve a noncompliance fence or to approve a fence that meets the ordinance. She asked whether a different location or height could be considered. Director Pedro stated the Planning Commission can do something in between. A compliant fence would be a three foot solid fence or a four and one half foot tall open fence at the property line. CHAIRMAN PARTRIDGE OPENED THE PUBLIC HEARING The applicant stated that the ordinance favors an open fence with trees behind the fence. The General Plan Circulation Element encourages preserving the natural environment and open space. His preference is to have a fence behind the trees or hedges, to look more natural and yet provide privacy for the residents. Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 10 Pat Ley objected to putting in a solid fence 30 feet back with bushes behind it. CHAIRMAN PARTRIDGE CLOSED THE PUBLIC HEARING Commissioner Couperus took issue with the words "compatible" and "neighborhood" in the conditions. The staff report shows nine properties that currently maintain the original legal six- foot tall fence. If the 42 in the development were taken into consideration, the nine properties are about one fifth of the total "neighborhood." He stated he hiked the section of Fremont Road in the "neighborhood" and found that only a few properties had original fences. The intent of the fencing ordinance is to be consistent within the whole Town eventually. He supports approving a fence that meets the ordinance. Commissioner Mandle agreed that this is an opportunity to move in a direction to comply with the ordinance. She stated that moving the fence 30 feet into the property is harsh. She would like to see a compromise. Commissioner Abraham did not support moving the fence in 30 feet; the applicant should be allowed to rebuild his fence which was a requirement of the subdivision. Commissioner Harpootlian acknowledges that this is an area that the Town would like to see in conformance but added that the current fence was built as a requirement of the Town. Chairman Partridge supports a fence that lines up with the existing fences and suggested a six- foot open fence such as a wire fence with plantings around it. Commissioner Mandle suggested moving the fence back 10 feet, allowing a six foot solid fence with space for planting in front of the fence. Mr. Shyu stated his immediate concern is privacy, and he did not want an open fence. He noted that his neighbors replaced their fences within the past five years, and it would look odd if he has to change the location of his fence. MOTION MADE, SECONDED, AND FAILED BY ROLL CALL VOTE: Motion made by Commissioner Abraham and seconded by Commissioner Mandle to approve the reconstruction of the legal nonconforming fence. AYES: Commissioners: Mandle, Abraham NOES: Commissioners: Harpootlian, Couperus; and Chairman Partridge ABSENT: None ABSTAIN: None Commissioner Abraham stated the ordinance creates a hardship for the property owner. MOTION MADE, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by Commissioner Harpootlian and seconded by Commissioner Abraham to approve a fence that is a Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 11 six foot open fence at the property line, or a six foot solid fence ten feet in from the location of the prior fence. AYES: Commissioners: Mandle,Abraham,Harpootlian, Couperus; and Chairman Partridge NOES: None ABSENT: None ABSTAIN: None Chairman Partridge advised the applicant that he has the right to appeal the decision to the City Council. 6. OLD BUSINESS—none 7. NEW BUSINESS Director Pedro advised that Fence Committee has a proposal to amend the Fence Ordinance and wants to hold a Study Session with the Planning Commission to solicit feedback. She will check with the City Clerk to book the Council Chambers for the week of August 20, preferably August 22.The regular August 2 meeting will be cancelled. 8. REPORTS FROM CITY COUNCIL MEETINGS 8.1 Planning Commission Representative for June 21 —Commissioner Clow 8.2 Planning Commission Representative for July 31 —Commissioner Partridge 8.3 Planning Commission Representative for August 23—Commissioner Abraham 8.4 Planning Commission Representative for September 20—Chairman Harpootlian 9. APPROVAL OF MINUTES 7.1 Approval of June 7, 2012, minutes MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion by Commissioner Harpootlian and seconded by Commissioner Abraham to approve the June 7, 2012, minutes as corrected. AYES: Commissioners: Mandle, Abraham,Harpootlian, Couperus, and Chairman Partridge NOES: None ABSENT: None ABSTAIN: None 10. REPORTS FROM FAST TRACK MEETINGS — JUNE 26, JULY 3, AND JULY 10, 2012 10.1 LANDS OF DOUGLAS HAHN & TRANG BUI LIVING TRUST; 24597 Voorhees Drive; File#50-12-ZP-SD;A request for a Site Development Permit for a 5,644 square foot basement. CEQA review: Categorical Exemption per Section 15303(a) (staff-Nicole Horvitz). Planning Commission Minutes Approved August 22,2012 July 19,2012 Page 12 10.2 LANDS OF TATE; 12085 Hilltop Drive; File#297-11-ZP-SD-GD; A request for a Site Development Permit for a 4,826 square foot new residence with a 2,840 square foot daylighted basement (maximum height 27'), new driveway access to Hilltop Drive, and removal of one (1) heritage oak tree. CEQA review: Categorical Exemption per Section 15303(a) (staff-Brian Froelich). 10.3 LANDS OF LAM & CHANN; 24100 Hillview Road; File #297-11-ZP-SD-GD; A request for a Site Development Permit 5,118 square foot two story new residence.. CEQA review: Categorical Exemption per Section 15303(a) (staff- Nicole Horvitz). 11. REPORTS FROM SITE DEVELOPMENT MEETINGS—JUNE 19, 2012 11.1 LANDS OF YU, 12697 Roble Ladera Road; File#95-12-ZP-SD; A request for a Site Development Permit for a landscape screening plan for new two story residence approved on May 31, 2011. CEQA review: Categorical Exemption per Section 15304(b) (Staff-Nicole Horvitz 11.2 LANDS OF CALIFORNIA WATER SERVICE, East Sunset Drive; Assessor's Parcel #175-37-014; File #87-10-ZP-SD-VAR; A request for a Site Development Permit and a fence height Variance for an eight(8) foot tall black vinyl chain link perimeter fence. CEQA review: Categorical Exemption per Section 15303 (e) (staff-Brian Froelich) (approved with conditions). 11.3 LANDS OF SHYU, 26200 Catharine Court; File #145-12-ZP; A request for a fence permit and an exception to replace a six (6) foot tall solid wood fence, with a reduced setback of 30 feet from the Fremont Road right-of-way centerline where a 50 foot centerline setback is required. CEQA Review: Categorical Exemption per Section 15303(e) (staff-Brian Froelich) 12. ADJOURNMENT The meeting was adjourned by consensus at 10:57 p.m. Re pectfully sub fitted, Deborah Padovan City Clerk The minutes for the July 19, 2012 Special Planning Commission meeting were approved as corrected on August 22, 2012.