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HomeMy WebLinkAbout08/03/2017Approved November 2, 2017 1 Regular Planning Commission Meeting August, 3, 2017 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, August 03, 2017, 7:00 PM Council Chambers, 26379 Fremont Road, Los Altos Hills, CA ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Basiji, Commissioner Mandle, Commissioner Couperus, Chair Partridge Absent: Commissioner Tankha Staff: Planning Director Suzanne Avila, Senior Planner Marni Moseley, Consultant Planner Steve Padovan, Administrative Technician Veronica Flores 2. PRESENTATIONS FROM THE FLOOR Chair Partridge opened presentations from the floor. John Swan, History Committee, spoke regarding the Innovators of Los Altos Hills event on September 24, 2017 and invited the Commissioners and public to attend. Chair Partridge closed presentations from the floor. 3. PUBLIC HEARINGS Ex parte disclosures: Commissioner Couperus spoke with Kjell Karlsson. Commissioner Basiji met with Commissioner Mandle and Director Avila. Commissioner Mandle spoke with the foreman of item 3.1, Kit Gordon, Nancy Couperus, Kathy Licardo, Barkley Kamb, and Commissioner Basiji. Chair Partridge spoke with Kit Gordon and Andrew Chang. 3.1 LANDS OF EMAD-VAEZ; 27333 Ursula Lane; File #394-16-PM; A request to remove a condition of approval for a new residence that required the construction of a native path along the westerly property line. The new residence was approved by the City Council on April 23, 2009 through Site Development Permit #166-08- ZP-SD-GD. CEQA review: Categorical Exemption per Section 15304 – Minor alterations to land. (Staff: S. Padovan) Approved November 2, 2017 2 Regular Planning Commission Meeting August, 3, 2017 Consultant Planner Steve Padovan presented the staff report. The Commission asked questions of staff and received responses. Chair Partridge opened the PUBLIC HEARING. Homeowner Pouran Aazad spoke of the history behind the required native path along the westerly property line and said she believed that installing the proposed pathway would endanger many heritage oak trees. Mitchell Sheltraw, project designer, introduced project contractor Butch Ripley. Director Avila clarified that Commissioner Mandle and herself were the individuals who met with the contractor on-site and not members of the Pathways Committee. Butch Ripley, contractor, spoke regarding the proposed pathway and the construction issues associated with its installation. The Commission asked questions and received responses from Mr. Ripley and staff. Mr. Sheltraw spoke of the possibility of a bridge requirement and how that could be affected by California State Department of Fish and Wildlife. Alisa Bredo, Page Mill Road, spoke from an equestrian point of view and stated that she believes it would be a viable native path. She said she would like to find a way to keep the native path due to safety concerns for equestrians and the importance of the pathway connection it provides. The Commission asked questions of Ms. Bredo and received responses. Ann Duwe, Pathways Committee, stated that the Ursula pathway would be a final link in connecting many current pathways. She said that she believes the Town should follow through with the installation of the pathway that was previously approved. Further, she shared the Pathways Committee's recommendations. The Commission asked questions and received responses. Eileen Gibbons, Elena Road, questioned the reason staff would accept an easement when they consider it to be unviable. Further, she said she found it ironic that Town staff opposes the path due to maintenance issues and believes that the path is both accessible and walkable. The Commission asked questions and received responses. John Swan, Burke Road, suggested that the Commission ensure that a pathway goes in somewhere along the property and that the previously approved path is not abandoned. Sue Welch, Los Altos Hills resident, stated that her main concern was Matadero Creek. She commented on the current deteriorating condition of the creek and said she is fearful of disturbing it further. She states that the condition of approval was to make a connection and did not require this pathway specifically. Ms. Welch suggested that Approved November 2, 2017 3 Regular Planning Commission Meeting August, 3, 2017 the Commission collect a pathway fee, keep the pathway easement in place, and extend the open space easement further to protect the creek. Carol Gottlieb, former Pathways Committee member and resident, stated that building a native path in the proposed area can be done and should be considered. Sharon Schoendorf, Los Altos Hills, stated that if the Town can build homes and driveways on steep hillsides she believes a pathway is manageable and is not in favor of abolishing the pathway. Linda Swan, Burke Road, stated that a pathway should be required somewhere along the property as it was originally intended. Teresa Baker, Elena Road, stated that she is in favor of the pathway and agreed with Mr. Swan’s previous comments. Eric Hasset, contractor, spoke regarding one neighbor’s concern for privacy if the path was installed and shared with the Commission further reasoning for opposing the pathway. The Commission asked questions of Mr. Hasset and received responses. Commissioner Mandle questioned how the applicant felt about moving the pathway to an alternate location. Ms. Aazad stated that she was not aware of an alternative option. Commissioner Mandle asked if Ms. Aazad had a preference if an alternative was possible. Ms. Aazad said she did not but would take instruction on where and how to install the pathway to make it useful for everyone. She also asked that the Commission to have consideration for her as the homeowner as well. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued Commissioner Mandle said she walked the property with Mr. Ripley and understood the problem better due to the steepness of the proposed pathway and stated that concerns of impacting the creek are valid. Further, she said that there has to be a path on this property, as identified in the 1981 Master Path Plan and reconfirmed in 2009 by the Planning Commission and City Council, and is committed to finding a route. She said putting the path through the conservation easement seems like a reasonable approach. Commissioner Basiji said he walked around the perimeter to acquire a better understanding. He spoke about the steep slopes and extensive vegetation that would require significant maintenance after the initial construction of the pathway. He also spoke regarding the direct view into the living area of the property and the noted the impact it would have on the neighbors’ privacy. He believes that the proposed pathway is not feasible due to the mentioned concerns and the effect it could have on Matadero Approved November 2, 2017 4 Regular Planning Commission Meeting August, 3, 2017 Creek. He stated that the easement should stay in place and would be pleased if it could be utilized to resolve the current pathway issue. Commissioner Couperus stated that path has been planned as a necessity to make the critical link since 1981 and the connection is still needed. He spoke of the safety aspect in terms of protecting oak trees and in further explored safety concerns for pedestrians and equestrians if they had to take an alternate route via blacktop. He stated that it may be difficult to install the pathway but does not agree that it will be hard to maintain it. He said the path should be installed and believes the Town can be flexible in allowing the applicant to put the pathway through the open space easement if necessary. Chair Partridge stated that the path is an important connector path. When a pathway is put on the Master Plan Map it is generally a commitment to install a path. He stated that the City Council sets a policy and the Commission upholds it. There is policy established by the City Council that there should be a connector pathway along the property. However, the applicant should have full freedom to optimize the location of the pathway to best meet their constraints. He states that a change to this policy should be discussed with the City Council and agreed with fellow Commissioners to allow the applicant the flexibility to find a different route. Commissioner Mandle asked staff what is expected of them. Director Avila said that if the Commission wants the path installed and decide to allow the applicant flexibility to locate the path outside of the easement, then the applicant can come up with a different alignment. The Commission and staff further discussed possible options. MOTION MADE AND SECONDED: Commissioner Mandle moved to deny the Permit Modification and require the construction of a native pathway connecting Ursula Lane and Edgerton Road, following an alignment chosen jointly by the applicant and staff prior to final approval of the new residence. The motion was seconded by Commissioner Basiji. MOTION CARRIED 4-0-1: AYES: Commissioner Basiji, Commissioner Mandle, Commissioner Couperus, Chair Partridge NOES: None ABSENT: Commissioner Tankha ABSTAIN: None Approved November 2, 2017 5 Regular Planning Commission Meeting August, 3, 2017 3.2 UPDATE TO TITLE 9 (SUBDIVISION ORDINANCE) OF THE LOS ALTOS HILLS MUNICIPAL CODE. The Subdivision Ordinance consists of regulations related to the subdivision of land within the Town of Los Altos Hills and were enacted for the purpose of promoting orderly development of property and the public health, safety, convenience and general welfare of Town residents. These regulations insure that the development of land is consistent with the general community objectives in the General Plan and the established rural character of the Town. The Town has determined that an update to the Subdivision Ordinance is necessary in order to bring the Town’s subdivision code into conformance with the State Subdivision Map Act and to streamline and clarify the existing regulations. File #349-16-MISC, CEQA Review: Categorical Exemption per Section 15061(b) (3) (Staff: S. Padovan) – continued from the regular Planning Commission meeting of July 6, 2017. Consultant Planner Steve Padovan presented the staff report. The Commission asked questions of staff and received responses. Chair Partridge opened the PUBLIC HEARING. Seeing no one wishing to speak, Chair Partridge closed the PUBLIC HEARING. The Commission directed staff to provide a final draft of the update to the Subdivision Ordinance with the discussed revisions. 3.3 CONSIDERATION OF PROPOSED OFF-ROAD SEGMENTS INCLUDED ON THE DRAFT MASTER PATH MAP:  Hill Lane to Page Mill Road  Zappettini Court to Central Drive  Via Feliz to Maple Leaf Court/Elena Road File #238-15-MISC (Staff: S. Avila) – continued from the regular Planning Commission meeting of July 6, 2017. Planning Director Suzanne Avila presented the staff report. Chair Partridge opened the PUBLIC HEARING. Ann Duwe spoke on behalf of the Pathways Committee. The Commission asked questions and received responses. The Commission, Committee, and staff discussed the action to be taken by the Commission and presented to the City Council. Approved November 2, 2017 6 Regular Planning Commission Meeting August, 3, 2017 Kenneth Goranson, Zappettini Court, spoke about the pathways surrounding his property and stated that the proposed path does not work seeing as there is not an easement for it. He offered his suggestions on the placement of a pathway. Bridget Morgan, Eloise Circle, spoke regarding the Via Feliz to Maple Leaf Court connection. She explained why she voted against it on the mapping sub-committee and stated the it violates the privacy of the recreation area of the adjacent property and that the proposed path would condemn the property to one building site. Mimi Chang, Via Feliz, spoke in reference to existing pathways that currently provide an alternate pathway to the proposed segment off Via Feliz. John Swan, Burke Road, spoke in reference to item 3.1 and said that it is key that there is a link and that how that link is made should be left to a future developer. Alisa Bredo, Page Mill Road, spoke about the Via Feliz segment and explained that due to the high car speeds on Elena Road, she would like to see a safe way to get around that area. Linda Swan, Burke Road, stated that a path should be put on the map regardless of having an exact route to ensure that future developers and homeowners are aware of the expected connector path. Farhad Haghighi, Via Feliz, stated that he has encountered problems with the pathways in relations to horse feces and believes the connector path would only increase horse traffic and further issues. Teresa Baker, Elena Road, stated that the corner on Via Feliz that Mr. Haghighi referred to consisted of sewer or septic odor and not horse droppings. Andrew Cheng, Via Feliz, spoke regarding current pathways on the homes on Via Feliz and stated that safety and sanitary concerns are valid reasons to oppose the pathway. Kjell Karlsson, Menalto Drive, spoke regarding Story Hill Lane and shared his suggestion for the location of the proposed path. He briefly commented on the other two segments as well. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Chair Partridge asked the Commissioners to begin the discussion with the Story Hill Lane segments. Approved November 2, 2017 7 Regular Planning Commission Meeting August, 3, 2017 Commissioner Basiji said that he has walked that pathway on different occasions and is content to see that they do not have to go around the property lines to make the connection. He stated that the fact that the pathway easement exists along the contour of the property makes it feasible and a valuable connection and it should be built. Commissioner Couperus said that he would like to update the Master Path Map to show the pathway on Story Hill Lane over the easement and arrows be positioned to signify that there will be a pathway through the last segment. Commissioner Mandle stated that seeing as the pathway easement has be granted she believes it makes it a very intentional path. She agreed with pathway along the existing pathway easement and with the arrows on the adjacent parcel. She said it needs to be made clearer that that connection should remain where the existing pathway, although not an official pathway, is currently located because it proves it feasible and rational. She said she is uncomfortable with not having a cost estimate and is certain that the City Council did not simply ask for a line on the map. She believes that if this is done consistently, the items will be sent back to the Commission with the same request. Chair Partridge agreed with fellow Commissioners that the map should reflect the pathway easement with arrows onto the Page Mill property. He said he seconded Commissioner Mandle’s statement about the substitute discussion on how pathways are built and believes that Pathways Committee should provide options on different models and cost. He said moving forward with the current segments is possible but wants to have the discussion of cost prior to discussing the annexed areas. Commissioner Couperus stated that we cannot guess what someone will do in the future as far as cost goes especially when speaking in terms of future subdivisions. The Commission further discussed interpretation of what was asked of them by the City Council. Commissioner Basiji spoke regarding the Zappettini Court segment. He said he walked the proposed connection twice and believes the connection is feasible and solely needs to be cleaned up and maintained. He said that the connection to Central Drive is more difficult in relationship to the existing path and issues that have recently been raised but believes that line can be put on the map for the purpose of moving forward with the proposed path. Commissioner Mandle said that the Zappettini Court to Central Drive meets all the criteria and should be put on the Master Path Map. Commissioner Couperus and Chair Partridge also stated they were in agreement with the Zappettini Court segment. Approved November 2, 2017 8 Regular Planning Commission Meeting August, 3, 2017 Commissioner Couperus spoke regarding the Via Feliz segment. He stated that property values should not be a defining factor for pathways. He also spoke of issues with horse droppings and stated that the issue on the Fran Stevenson Path was not due to horse droppings but a failed septic system. Further, he stated that he has never experienced problems with intruders due to the paths. He said that looking at the path from a strategic level, he wants to see a connection from Via Feliz to Maple Leaf Court and believes it is critical to bypass Elena Road. Commissioner Mandle stated that she walked Elena Road and said that she agrees that it is dangerous for equestrians having to ride near the road. She spoke of an alternate route from Byrd Lane to Page Mill Road to Via Feliz and said that the speed of the cars on Page Mill Road is just as fast as Elena Road so did not consider it an improvement. She said the connection between Via Feliz and the Maple Leaf Court area existed on the 1981 Master Map Plan and was reconfirmed in 2005 when the map was last updated. She said she agrees with the connection but is unsure of where it should go on the map. Commissioner Basiji said he is not very familiar with Via Feliz. He said he does not believe it is a redundant situation and that the connection has merit of its own. He stated that Elena Road is dangerous for equestrians and believes there should be a crossing on Maple Leaf Court to Elena Road. He said the portion he walked of the proposed path was very reasonable. Chair Partridge said that it has the potential to make a lovely path if it is feasible. He said he is inclined to agree with fellow Commissioners but understands the neighbors’ concerns. He said that the positive side was that it would be a great resource for the property owners years from now. The Commission and staff discussed next course of action. MOTION MADE AND SECONDED: Commissioner Couperus moved to forward recommendation to the City Council on the following proposed off-road pathway connections included on the Draft Master Path Map; including the modification to Story Hill Lane to match the existing pathway easement, and the connection from Zappettini Court to Central Drive to include the shift from the existing pathway easement to the south property line of 12581 Zappettini Court. The motion was seconded by Commissioner Basiji. Approved November 2, 2017 9 Regular Planning Commission Meeting August, 3, 2017 MOTION CARRIED 4-0-1: AYES: Commissioner Basiji, Commissioner Mandle, Commissioner Couperus, Chair Partridge NOES: None ABSENT: Commissioner Tankha ABSTAIN: None 3.4 INTRODUCTION OF AN AMENDMENT TO CHAPTER 10 OF THE MUNICIPAL CODE (ZONING) TO ADOPT SHORT TERM RENTAL REGULATIONS WITHIN RESIDENTIAL ZONES IN LOS ALTOS HILLS; FILE #117-17-MISC; CEQA REVIEW: CATEGORICAL EXEMPTION PER SECTION 15061(B)(3) (Staff: M. Moseley) Senior Planner Marni Moseley presented the staff report. The Commission asked questions of staff and received responses. MOTION MADE AND SECONDED: Commissioner Basiji moved to approve the draft short term rental ordinance presented by staff and to forward the draft ordinance to the City Council with the proposed modifications. The motion was seconded by Commissioner Mandle. MOTION CARRIED 4-0-1: AYES: Commissioner Basiji, Commissioner Mandle, Commissioner Couperus, Chair Partridge NOES: None ABSENT: Commissioner Tankha ABSTAIN: None 4. OLD BUSINESS – None 5. NEW BUSINESS – None 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for June 15 – Commissioner Tankha Approved November 2, 2017 10 Regular Planning Commission Meeting August, 3, 2017 6.2 Planning Commission Representative for July 20 – Commissioner Mandle Commissioner Mandle shared with fellow Commissioners her observations of the July 20, 2017 regular City Council meeting. 6.3 Planning Commission Representative for August 17 – Commissioner Couperus 6.4 Planning Commission Representative for September 21 – Commissioner Basiji 6.5 Planning Commission Representative for October 19 – Chair Partridge 7. APPROVAL OF MINUTES 7.1 Approval of June 1, 2017 minutes – continued from the regular Planning Commission meeting of July 6, 2017. MOTION MADE AND SECONDED: Commissioner Mandle moved to approve the June 1, 2017 minutes. The motion was seconded by Commissioner Basiji. MOTION CARRIED 4-0-1: AYES: Commissioner Basiji, Commissioner Mandle, Commissioner Couperus, Chair Partridge NOES: None ABSENT: Commissioner Tankha ABSTAIN: None 8. REPORTS FROM SITE DEVELOPMENT MEETINGS - JUNE 13 & 20; 2017 JULY 11, 18, & 25; AUGUST 1, 2017 8.1 LANDS OF MANGALICK; 14460 Miranda Court; File #77-17-ZP-SD; A request for a Site Development Permit for a 328-square foot addition, basement, 689 square foot secondary dwelling unit, swimming pool and hardscape (Maximum height 26’- 4”). CEQA review: Categorical Exemption per Section 15303 (a) and (e); (Staff: E. Horan) 8.2 LANDS OF PARVARANDEH; 11555 Hillpark Lane; File #126-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved addition/remodel. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping; (Staff: M. Moseley) Approved November 2, 2017 11 Regular Planning Commission Meeting August, 3, 2017 8.3 LANDS OF GOOD MOODYS, LLC; 25616 Moody Road; File #147-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved new residence. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping; (Staff: E. Horan) 8.4 LANDS OF GOYAL; 12386 Priscilla Lane; File #149-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved new residence. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping; (Staff: E. Horan) 8.5 LANDS OF OVERBEEK; 27470 Black Mountain Road: File #103-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan, relocated pool and cabana, and other hardscape modifications for a new 5,621 square foot, two- story residence with a 4,752 sq.ft. basement which was approved at the July 21, 2015 Fast Track hearing. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping and 15303(e) – new accessory structures; (Staff- S. Padovan) 8.6 LANDS OF HO; 14975 Page Mill Road; File #159-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved addition. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping; (Staff: E. Horan) 9. REPORTS FROM FAST TRACK MEETINGS - JULY 11 & 25, 2017 9.1 LANDS OF MOORE; 13861 La Paloma; File #114-17-ZP-SD-GD; A request for a Site Development Permit for a new 5,302-square foot, two-story residence (Maximum height 28’) including a 676-square foot attached garage, a 526-square foot detached second unit, and a swimming pool. CEQA review: Categorical Exemption per Section 15303(a) – construction of a new single-family residence in a residential zone district; (Staff: S. Padovan) 9.2 LANDS OF RAJAGOPALAN; 10511 Magdalena Road; File #82-16-ZP-SD-GD; A request for a Site Development Permit for a new 4,659 square foot, two-story residence (Maximum height 27’) including a 503-square foot attached garage. An additional 336 square feet of underfloor crawl space is counted as floor area resulting in a total floor area of 4,995 square feet. CEQA review: Categorical Exemption per Section 15303(a) – construction of a new single-family residence in a residential zone district; (Staff: S. Padovan) Approved November 2, 2017 12 Regular Planning Commission Meeting August, 3, 2017 10. ADJOURNMENT The meeting adjourned at 11:49 p.m. Respectfully submitted, Veronica Flores Veronica Flores Administrative Technician The minutes if the August 3, 2017 regular Planning Commission meeting were approved as corrected at the November 2, 2017 regular Planning Commission Meeting.