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Planning Commission Special Meeting Minutes
July 10, 2014
Minutes of a Special Meeting
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, July 10, 2014, 7:00 P.M.
Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022
______________________________________________________________________________
A. ADMINISTRATION OF OATH OF ALLEGIANCE AND SEATING OF APPOINTED
PLANNING COMMISSIONERS
City Clerk Deborah Padovan administered the Oath of Office to Commissioners
Partridge and Tankha.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Chair Abraham, Commissioner Couperus, Commissioner Mandle,
Commissioner Partridge, Commissioner Tankha
Staff: Debbie Pedro, Community Development Director; Richard Chiu, Public
Works Director; Suzanne Avila, Senior Planner; Steve Padovan, Consultant
Planner; Jaime McAvoy, Planning Secretary
2. REORGANIZATION OF PLANNING COMMISSION
2.1 Appointment of New Chair
MOTION MADE AND SECONDED: Chair Abraham moved to nominate
Susan Mandle as Planning Commission Chair. The motion was seconded by
Commissioner Partridge.
AYES: Chair Abraham, Commissioner Couperus, Commissioner
Mandle, Commissioner Partridge, Commissioner Tankha
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
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Chair Mandle recognized Commissioner Abraham and presented him with a gift
for his services as Chair.
2.2 Appointment of New Vice Chair
MOTION MADE AND SECONDED: Chair Mandle moved to nominate Jitze
Couperus as Vice Chair. The motion was seconded by Commissioner Abraham.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
3. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
4. PUBLIC HEARINGS
4.1 LANDS OF MEAD; 14410 Miranda Road, File#106-14-ZP-SD-VAR; A request
for a Site Development Permit to replace an existing pool and a variance to locate
a portion of the new pool within the rear and side setback. CEQA Review:
Categorical Exemption per Section 15303(e) (Staff- Suzanne Avila).
Ex Parte Disclosures: Chair Mandle stated that she had spoken with Richard
Mead.
Senior Planner Suzanne Avila presented the staff report.
Commissioner Partridge inquired which aspects of the development area were to
be removed. Ms. Avila stated that concrete from a side yard will be removed and
the pool equipment would be relocated.
Chair Mandle inquired if a granted variance stays with the property. Ms. Avila
confirmed that the variance is for this application only, and would not apply to any
future re-developments on the property.
Chair Mandle opened the PUBLIC HEARING.
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July 10, 2014
Applicant Richard Mead spoke on behalf of his project, stating that the report was
accurate and he had nothing to add.
Seeing no one else wishing to speak, Chair Mandle closed the PUBLIC
HEARING.
Commissioner Abraham stated his support of the project.
Commissioner Tankha agreed this would make the pool safer, and stated her
support of the project.
Commissioner Couperus stated this was an improvement and offered his support
of the project.
Commissioner Partridge stated his support of the project.
Chair Mandle agreed with the statements provided by the other Commissioners.
MOTION MADE AND SECONDED: Commissioner Abraham moved to
approve the requested Site Development Permit and variance, subject to the
conditions of approval in Attachments 1 and 2. The motion was seconded by
Commissioner Tankha.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
4.2 LANDS OF SHARP AND HARRIS; 26958 Dezahara Way, File # 77-14-ZP-SD;
A request for a Site Development Permit for a landscape screening for a new
residence. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff-
Suzanne Avila).
Ex Parte Disclosures: Commissioner Tankha spoke with Dr. Odette Harris,
MD and her contractor Shad Shakrolla. Commissioner Partridge stated that he
also met with Dr. Harris and Mr. Shakrolla, as well as Gregory Hiver.
Commissioner Couperus shared that he met with Dr. Harris and Mr. Shakrolla,
as well as May Heiver, and former Planning Commissioners John Harpootlian
and Eric Clow. Commissioner Abraham stated that he spoke with Dr. Harris
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and Dr. Adolf Pfefferbaum, PhD. Chair Mandle stated that she had spoken with
Dr. Harris and Mr. Shakrolla.
Senior Planner Suzanne Avila presented the staff report. Commission asked
questions of staff.
Commissioner Partridge inquired if the aforementioned berm was considered fill
by the Town. Director Pedro confirmed it was, and that the original approval was
granted an exception to the grading policy to create a 5 foot berm when there is a
maximum of 3 feet of fill allowed per policy.
Commissioner Tankha asked how often the Town required a berm as a mitigating
factor and if there would be any visual difference between the berm and the usual
screening. Director Pedro did not believe the Town had required a berm in the last
14 years, but it could be seen as a more natural feature than a fence or a planter.
Commissioner Couperus asked the staff to clarify how the Town is defining a
berm. Director Pedro stated in this case the berm was fill above grade.
Commissioner Abraham stated he had no questions at this time.
Chair Mandle inquired if plantings were allowed in the easement. Director Pedro
confirmed they were.
Chair Mandle opened the PUBLIC HEARING.
Applicant Dr. Odette Harris gave a presentation on behalf of her project.
Contractor Shad Shakrolla, Brighton Builders, answered questions from the
Commission.
Commissioner Tankha inquired what other mitigating factors they had considered
other than the berm or screening. Dr. Harris mentioned the planter boxes the
Town had recommended. Chair Mandle asked about the height of the trees and
Landscape Architect Tom Sloane stated that at maturity they would be 15 feet but
lacy at the top.
Former Planning Commissioner Eric Clow, who had voted on the berm in the
original hearing, discussed the rationale behind the Planning Commission's decision
to require it. He stated that originally the berm was a suggestion, and now that the
Commission can see what the house looks like, they should be able to make a better
decision as to the best mitigating factors for the property.
Dr. Adolf Pfefferbaum, Los Altos Hills, lives directly north of the Sharp/Harris
property, requested the Commission honor the decision made by the previous
Planning Commission.
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Commissioner Partridge asked Dr. Pfefferbaum what type of materials he would
request, and what natural screening he would like to see from his home. Where
would he like to see the tallest point of the landscaping? Dr. Pfefferbaum stated
that anything that would block the bulkiness, perhaps the middle of the second floor
but not above the roof line.
Commissioner Couperus asked about a dip in the berm for a driveway per the
original stipulations and how Dr. Pfefferbaum would feel about it.
Mark Scheidel, Los Altos Hills, asked the Commission to enforce all conditions
established when the project was originally submitted, and requested the plantings
not impede views, or reach higher than the roof line.
Commissioner Partridge also asked Mr. Scheidel his preferences for screening.
Commissioner Tankha asked Mr. Scheidel if he had suggestions for types of
trees. He deferred to the recommendations of the Environmental Design and
Protection Committee.
Morris Shibuya, Los Altos Hills, stated his support of Dr. Harris' presentation.
He did not believe the berm made sense at this point, and the only purpose it would
serve would be to hide what he believes to be the most expensive house on the
street.
Bob Serventi, Los Altos Hills, supported the berm because it would make a
permanent fixture that would reduce the impact of the house on the street.
Greg Heiver, Los Altos Hills, whose home looks over Sharp/Harris. He said that
he was pleased with the mitigation factors Dr. Harris suggested, but expressed
concern that too much screening would create a tunnel effect on the street and this
plan would keep that from happening.
Kathy Scheible, Los Altos Hills, stated there was no neighborhood outreach for
this project.
Chair Mandle asked Ms. Scheible what her suggestions for screening were.
Commissioner Partridge asked if Ms. Scheible had preference for the screening to
be located closer to the home or the property line. Ms. Scheible stated she could
not answer that question at this time. Commissioner Abraham inquired if Ms.
Scheible could see the section of her driveway that borders the Sharp/Harris
property from her house. She stated she could see it from her front yard and the top
of her driveway.
Lily Shibuya, Los Altos Hills, did not think the berm was necessary, and with
proper landscaping everyone would achieve what they want.
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John Porcella, Los Altos Hills, stated there needed to be more communication in
order to find a solution that pleases everyone. He agreed with some of what had
been said, but stated that he had never been approached about the amendments. He
added that change could be good.
The applicants gave their closing statements.
Commissioner Partridge discussed the original application, the type of pathway
that had been requested, and why it was changed. Mr. Shakrolla explained that
with the driveway relocation they no longer needed the ADA compliant pathway in
that location.
Chair Mandle asked about requests to screen the property to the east, as there was
concern from the neighbors to the immediate east and west about blocking views.
Mr. Sharp stated that some shrubs could potentially have some effect, and while
they would like more property, they want to find a solution that does not upset their
neighbors.
Chair Mandle closed the PUBLIC HEARING.
Commissioner Partridge said he was present during the original meeting, and his
biggest concern was the impact of the house. Looking at the house now some good
decisions were made, but he was never in favor of the berm. He agreed that
bringing the screening at this junction when the house is built gives you a better
idea of how to screen the house. In hindsight, he expressed that the berm was a
mistake, but the applicant needs to improve the current proposal to meet the
neighbors halfway.
Commissioner Abraham stated that the berm was not originally a requirement, but
that a grading policy exception was given as an option. He agreed that it was not a
good idea in hindsight, and stated his support of the landscaping as presented.
Commissioner Tankha said that the original intent of the berm was to mitigate the
view of the house. Stated that looking at the house now, yes it needs to be
mitigated, but asked if the berm was the only answer. She requested the screening
plan work to limit the height of the mature trees to protect the neighbors’ views.
Commissioner Couperus stated that it helps to see the house built before deciding
on the screening plan. The confusion is that the berm was required, when it was
actually a suggestion to even out the grade, with an option of an up to five (5) foot
grading exception. The berm is not natural and does not fit with the rural nature of
the Town. He questioned why this house should be required to have more
screening than the others on the street? He recommended applying the screening as
suggested with a little modification.
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Chair Mandle stated the problem is the balance between screening and not
blocking views. She stated the plan was on the right track but was sparser than she
preferred. She said that the house did not stand out to her more than any other
house on the street and did not require more excessive screening than the others.
She suggested they could make the plants denser at critical areas such as the fence
line along Dezahara. She was inclined to approve as it is with a measure to increase
density and approve the landscape administratively.
MOTION MADE AND SECONDED: Commissioner Abraham moved to
approve the site development permit for the landscape screening plan for Lands of
Sharp and Harris subject to conditions of approval in Attachment 1 with the added
requirement that the applicant work with staff to increase the density of the
landscape beyond what is on the submitted plans, with 3 staggered rows of
vegetation (at least 2/3 evergreen) of varying maturity, at least 5 feet at planting,
and that will reach between 10 to 15 feet at full maturity The motion was seconded
by Commissioner Couperus.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
Chair Mandle called for a recess at 9:21 P.M.
The meeting resumed at 9:30 P.M.
4.3 AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE SUNSET
PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION 10-1.502
(b) (6) (VIII) (DEVELOPMENT AREA BONUS) UNTIL JULY 30, 2016. The
draft ordinance extension would continue the development area bonus for the
installation of roof mounted solar panels for two (2) years (Staff- Debbie Pedro).
Community Development Director Debbie Pedro presented the staff report.
Commissioner Abraham asked how this affects a resident who is over their
Maximum Development Area. Director Pedro stated that this offer is not made to
residents who currently exceed their maximum.
Chair Mandle opened the PUBLIC HEARING.
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Seeing no one wish to speak, Chair Mandle closed the PUBLIC HEARING.
Commissioner Tankha stated her support of the use of solar panels, and that she
would like to see this offer extended for a few more years.
Commissioner Couperus stated that the original purpose of the incentive was to
promote solar usage, and it has done so. He then asked if this was something that
needs to be incentivized. He concluded stating he was not sure how he wanted to
proceed.
Commissioner Abraham stated that he was amendable to extending the solar
bonus ordinance.
Commissioner Partridge agreed with Commissioner Couperus. He said that he
did not see where the sun-setting is happening on this incentive. He also asked if
this was something that needed to be incentivized.
Chair Mandle stated her support of the incentive to add solar. She stated that there
is still a population that had not adopted solar, and that she was in favor of
continuing the bonus.
MOTION MADE AND SECONDED: Commissioner Partridge moved to
forward a recommendation to the City Council to adopt the amended ordinance in
Attachment 1 extending LOS ALTOS HILLS MUNICIPAL CODE SECTION
(DEVELOPMENT AREA BONUS) for a period of two (2) years as listed in
Attachment 1 but reducing the amount of the Development Area Bonus from 500 to
400 square feet. The motion was seconded by Commissioner Couperus.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
4.4 REVIEW OF BICYCLE YIELD SIGNS FOR BYRNE PRESERVE (Staff-
Richard Chiu).
Public Works Director Richard Chiu presented the staff report.
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Commissioner Tankha suggested the path no longer be designated bicycle
friendly, as it is too steep to regulate a cyclist's speed. Director Chiu stated it
could be considered but that would require a change to Town ordinance.
Commissioner Partridge asked what the signs would look like, and if there was
evidence that they work. Director Chiu stated the signs were 10 x 15 inches, and
while the Town has no data to their effectiveness, it is not uncommon for these
signs to be used.
Commissioner Partridge stated that he did not feel these signs would be useful.
Commissioner Abraham asked how many complaints the Town has received.
Director Chiu said there have not been very many formal complaints, but
according to Committee members these are recurring incidents. He did not think
the sign would make a real difference and if the Town wants to make a change, it
should amend the ordinance.
Chair Mandle asked about making changes to the proposed sign as pedestrians
should yield to horses.
Chair Mandle opened the PUBLIC HEARING.
Nancy Couperus, Westwind 4H, Los Altos Hills, attested to the increase of
incidents in the area with the rise of cyclists.
Sue Welch, Los Altos Hills Open Space Committee, said that having a sign will
communicate that the Town is paying attention and wants residents to be careful.
Chair Mandle closed the PUBLIC HEARING.
Commissioner Couperus shared that in the past the Town would put logs across
the trails to keep cyclists from riding certain parts of trails. He stated it was
debatable whether or not the cyclists would heed the new signs.
Commissioner Abraham stated that he does not usually care for signs but thought
this sign would have a low impact aesthetically. He did not believe the new signs
will do much, but this is a good first step.
Commissioner Partridge agreed with Commissioner Abraham that this was a
good first step.
Commissioner Tankha expressed concern with safety. Like the other
Commissioners, she was not sure if a yield sign would be effective but it would be a
good first step.
Chair Mandle agreed with the views expressed by the rest of the Commission and
that the logs could be used if cyclists were banned from any particular trail.
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MOTION MADE AND SECONDED: Commissioner Tankha moved to forward
a recommendation to the City Council to consider installing bicycle yield signs in
Byrne Preserve at the locations specified in attachment 2, and that the signs meet
the specifications in attachment 1. The motion was seconded by Commissioner
Couperus.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
5. OLD BUSINESS - none
This item was not considered.
6. NEW BUSINESS - none
This item was not considered.
7. REPORTS FROM THE CITY COUNCIL MEETINGS
7.1 Planning Commission Representative for June 19 - Chair Mandle
Chair Mandle presented a report on this meeting.
During this time Chair Mandle mentioned new standards she had discussed with
staff. She will be holding regular meetings with staff and the Commission will be
notified when documents coming before them are available for view, not just on
packet day. The Subdivision Committee will also be meeting, and a representative
of the Planning Commission will be designated at the next meeting. Furthermore,
she would like to discuss the formal process for limiting Planning Commission
meeting times at the next meeting and seek City Council Direction for doing so.
7.2 Planning Commission Representative for July 16 - Commissioner Partridge
7.3 Planning Commission Representative for August 21 - Commissioner Abraham
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7.4 Planning Commission Representative for September 11 - Commissioner Couperus
The Commission noted a change in representatives for the upcoming City Council
meetings. Commissioner Abraham will now attend the July 16 meeting,
Commissioner Couperus will attend August 21, and Commissioner Partridge
will attend September 18
8. APPROVAL OF MINUTES
8.1 Approval of June 5, 2014 minutes.
MOTION MADE AND SECONDED: Commissioner Abraham moved to
Approve the June 5, 2014 minutes. The motion was seconded by Commissioner
Tankha.
AYES: Commissioner Abraham, Commissioner Couperus,
Commissioner Partridge, Commissioner Tankha, Chair
Mandle
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
9. REPORTS FROM FAST TRACK MEETINGS - JUNE 10, JULY 8, 2014.
9.1 LANDS OF HONG; 12501 Zappettini Court: File #12-14-ZP-SD; A request for a
Site Development Permit for a new 6,706 square foot, two-story single-family
dwelling with a 2,563 square foot basement which includes a 1,000 square foot
secondary dwelling unit (Maximum height of 27'). CEQA review: Categorical
Exemption per Section 15303(a) (Staff-Steve Padovan).
9.2 LANDS OF MARTIN FAMILY TRUST; 13811 Ciceroni Lane; File # 92-14-ZP-
SD-GD; A request for a Site Development Permit for a new 4, 940 square foot
two story residence (Maximum height 27'), with a 1,252 square foot basement, a
851 square foot detached accessory building, and a 1,296 square foot swimming
pool. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) (Staff-
Nicole Horvitz).
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9.3 LANDS OF DANIEL; 27798 Via Ventana, File# 378-13-ZP-SD-GD; A request
for a Site Development Permit for a new 4,968 square foot two story residence
(Maximum height 26') with a 3,175 square foot basement, attached second unit,
and a 480 square foot swimming pool. The applicant is also requesting to remove
a 27" multi-trunk heritage oak tree. CEQA Review: Categorical Exemption per
Section 15303(a) & (e) (Staff- Nicole Horvitz).
10. REPORTS FROM SITE DEVELOPMENT MEETINGS - JUNE 10, JULY 1, JULY 8,
2014.
10.1 LANDS OF KIRK; 12861 Alta Tierra Road; File #66-14-ZP-SD; A request for a
Site Development Permit for a landscape screening plan for a new 4,937 square
foot two story residence approved at the October 23, 2012 Fast Track hearing.
CEQA review: Categorical Exemption per Section 15304 (b) (Staff-Nicole
Horvitz).
10.2 LANDS OF WANG; 14130 Baleri Ranch Road; File #74-14-ZP-SD; A request
for a Site Development Permit for a landscape screening plan for a 5,000 square
foot new two story residence approved at the March 5, 2013 Fast Track hearing.
CEQA review: Categorical Exemption per Section 15304 (b) (Staff-Nicole
Horvitz).
10.3 LANDS OF GOODGER; 27729 Briones Court, File # 80-14-ZP-SD; A request for
a Site Development Permit for a landscape screening plan for a new 5, 759 square
foot two story residence approved at the September 19, 2012 Fast Track Hearing.
CEQA Review: Categorical Exemption per Section 15304 (b) (Staff- Nicole
Horvitz).
10.4 LANDS OF YU; 25600 Elena Road, File# 43-14-ZP-SD; A request for a Site
Development Permit for a landscape screening plan for a new 5, 594 square foot
two story residence approved at the June 11, 2013 Fast Track hearing. CEQA
Review: Categorical Exemption per Section 15304 (b) (Staff- Nicole Horvitz).
10.5 LANDS OF MARTINA AND WEBER; 12600 Miraloma Way, File# 392-13-ZP-
SD; A request for a Site Development Permit for a landscape screening plan for
5,754 square foot new residence, a 450 square foot secondary dwelling unit, and a
800 square foot swimming pool approved on May 7, 2013, and new front fencing
and driveway gates. CEQA Review: Categorical Exemption per Section 15304
(b) (Staff- Cynthia Richardson).
11. ADJOURNMENT
The meeting at adjourned at 10:29 P.M.
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Respectfully submitted,
Jaime L. McAvoy
Jaime L. McAvoy
Planning Secretary