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HomeMy WebLinkAbout11/02/2017Approved January, 11, 2018 1 Regular Planning Commission Meeting Minutes November 2, 2017 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, November 02, 2017, 7:00 PM Council Chambers, 26379 Fremont Road, Los Altos Hills, CA ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge Absent: None Staff: Director Suzanne Avila, Senior Planner Marni Moseley, Assistant Planner Erin Horan, Consultant Planner Steve Padovan, City Attorney Adam Regele, Administrative Technician Veronica Flores Chair Partridge proposed to fellow Commissioners that no new item should be presented after 10 pm. Ex parte disclosures: Commissioner Mandle said she spoke with Alice Sakamoto, Kit Gordon, Nancy Couperus, Susan Goldman, Debbie Pedro, Carol Gottlieb, Sue Welch, Rosy Ko, and Jeff Peterson. Commissioner Basiji said he spoke with Nancy Couperus, Kit Gordon, Sue Welch, Rosy Ko, Jeff Peterson, and Alice Sakamoto. Commissioner Tankha spoke with Kit Gordon, Nancy Couperus, Rosy Ko, and Jeff Peterson. Commissioner Couperus spoke with Rosy Ko, Jeff Peterson, Kit Gordon, Alice Sakamoto, and Nancy Couperus. Chair Partridge spoke with Nancy Couperus, Sue Welch, Kit Gordon, Rosy Ko, and Jeff Peterson. 2. PRESENTATIONS FROM THE FLOOR Chair Partridge opened presentations from the floor. Approved January, 11, 2018 2 Regular Planning Commission Meeting Minutes November 2, 2017 Eileen Gibbons, former member of the Pathways Committee, spoke regarding the Master Path Map update and asked that the Commission move it forward before the Councilmembers and Commissioners terms come to an end. Chair Partridge closed presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF HANABE; 26691 Moody Road; File #206-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved single-family residence and a creek setback variance. CEQA review: Categorical Exemption per Section 15304 (b) (Staff: M. Moseley) - continued from the regular Planning Commission meeting of October 5, 2017. Senior Planner Marni Moseley presented the staff report. Commission asked questions of staff and received responses. Chair Partridge opened the PUBLIC HEARING. Jeff Heid, landscape architect, spoke regarding the considerations taken while making their choice of screening. He explained that the podocarpus tree provides the necessary screening and believes three trees work well. He said that he spoke to staff regarding the California bay laurel, which the owners would agree with if it is deemed necessary but that their first preference would be to keep the podocarpus trees. Mr. Heid spoke further of smaller screening plants that will also be installed in hopes of accomplishing what both the owner and the Commission are looking for. The Commission asked questions of Mr. Heid and received responses. Carol Gottlieb, Environment Design and Protection Committee, questioned the yew pine tree and whether it is poisonous. Further, she stated that she believed that the riparian habitat plantings should be native. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Commissioner Basiji stated that the applicant has done an outstanding job of working within constraints and is looking forward to Commission approval. He spoke of his negative experience with podocarpus trees but said he is willing to default to the expertise of the staff. Commissioner Mandle stated that she is happy with the staff recommendations and agrees with the condition of approval to include the requirement of native plants in Approved January, 11, 2018 3 Regular Planning Commission Meeting Minutes November 2, 2017 the riparian area. She said she would personally not choose podocarpus trees but is not opposed to two along Moody Road. Commissioner Tankha stated that she is happy to support staff’s recommendation. Commissioner Couperus said that he was in agreement with his fellow Commissioners. He commented on the safety issue to the home stemming from vehicles driving up Moody Road and is concerned that the applicant installing bollards will not be enough of a barrier. He spoke in terms of the setback near the creek and said he did not know podocarpus trees well enough but he prefers a natural creek bed. Chair Partridge said that he strongly agreed with staff regarding the trees in riparian area being native. He said he would be more direct and ask them to agree to installing California bay laurels but is in agreement with leaving it open as long as they find a tree that will be native. Ms. Moseley asked Chair Partridge whether he would prefer limiting the screening to evergreen trees. He confirmed he would. MOTION MADE AND SECONDED: Commissioner Mandle moved to approve the landscape screening plan with a condition requiring proposed plans within the riparian area to be a native evergreen riparian species as included in Attachment 1. The motion was seconded by Commissioner Basiji. MOTION CARRIED 5-0: AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 3.2 LANDS OF ADL 5 LLC; 10800 Magdalena Road: File #212-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a new 5,000 square foot, two-story residence which was approved at the August 23, 2016 Planning Commission hearing. CEQA review: Categorical Exemption per Section 15304 (b) - new landscaping (Staff: S. Padovan) Consultant Planner Steve Padovan presented the staff report. The Commission asked questions of staff and received responses. Approved January, 11, 2018 4 Regular Planning Commission Meeting Minutes November 2, 2017 Chair Partridge opened the PUBLIC HEARING. Navneet Aron, project manager representing owner, said staff’s presentation of the landscape proposal was satisfactory and is open to questions. Behshad Beheshti, neighbor, said that he wanted to ensure that the area in the open space easement is cleaned up after the construction is concluded and that there is no irrigation installed in that area. The Commission asked questions of Mr. Beheshti and staff and received responses. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Commissioner Tankha said she had no concerns and believed that neighbor concerns have been addressed. She said that she is happy to approve the proposed screening plan. Commissioner Couperus commented on the use of excess oak trees next door so as to not crowd them. Commissioner Mandle said she was fine with the proposed plan although the sugar bush in the open space easement makes her uncomfortable. She is willing to be flexible but would like staff and the applicant to take second look at the sugar bush and determine whether there is a better suited substitute on the native plant list in the Town's landscape design guidelines. Also, she stated that there should be no irrigation once the screening is established. Commissioner Basiji stated the that project is well planned and executed. Chair Partridge said he was supportive of the project as well and concurred with Commissioner Mandle's statement of exploring native plant options for the open space easement. MOTION MADE AND SECONDED: Commissioner Basiji moved to approve the requested Site Development Permit for a landscape screening plan, subject to the conditions of approval in Attachment 1 with the added condition that the applicant and staff explore alternative options on the approve plant list for the open space easements to replace the sugar bush. The motion was seconded by Commissioner Tankha. MOTION CARRIED 5-0: AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge Approved January, 11, 2018 5 Regular Planning Commission Meeting Minutes November 2, 2017 NOES: None ABSENT: None ABSTAIN: None 3.3 LANDS OF TOP ELEGANT INVESTMENT, LLC (FORMER LANDS OF STIRLING); 28030 Natoma Road: File #193-15-TM and #112-15-MISC; A request for approval of a Tentative Map to subdivide an 18.18-acre property into nine lots. CEQA review: An Initial Study and Mitigated Negative Declaration have been prepared for this project (Staff: S. Avila) - continued from the regular Planning Commission meeting of September 7, 2017. Planning Director Suzanne Avila presented the staff report. The Commission asked questions of staff and the city attorney and received responses. Chair Partridge opened the PUBLIC HEARING. Rosy Ko, applicant, spoke briefly regarding the follow-up topics after the direction from the Commission at the September 7, 2017 meeting. Jeff Peterson, project engineer, spoke in detail regarding the road alignment, lot 7 concerns, and enforcement mechanisms for the landscaping and fencing. The Commission asked questions of Mr. Peterson and received responses. Kelly Hardwicke, H.T. Harvey & Associates, spoke regarding the characteristics of wetlands and the willow area. The Commission asked questions of Dr. Hardwicke and received responses. Jeff Peterson stated that there is a twelve-inch corrugated metal pipe and said that was a standard size during the time it was installed. He explained the precautions taken during the planning stage of lot 7 in case it is determined to be a wetland. Further, Mr. Peterson spoke of the third concern of compliance with the Town's General Plan. The Commission asked questions and received responses. Ms. Ko spoke of the landscape design and enforcement mechanisms. The Commission asked questions and received responses. Stefan Thuilot, landscape architect, spoke regarding landscape management guidelines and their enforcement. The Commission asked questions and received responses. Kit Gordon, Open Space Committee, spoke regarding landslide easements, the lot line between lots 5 and 6, lot 7 concerns, and road realignment to preserve oak trees. Approved January, 11, 2018 6 Regular Planning Commission Meeting Minutes November 2, 2017 Ann Duwe, Pathways Committee, stated her support for Ms. Gordon's presentation. She said she was impressed with the developers screening plans in reference to the meadows, chaparrals, and oak trees. She is more concerned with the garden areas and suggests that the Commission create a 30-foot buffer zone between the development and the existing homes to keep the wildlife corridor, preserve the rural character of the neighborhood, and to guarantee that no fences or other structures get in the way of those objectives. Further, she spoke of the placement of the pathway and expressed her preference of a perimeter pathway. Sharen Schoendorf, Byrd Lane, spoke as a concerned neighbor. She stated that the only legal protection for current homeowners abutting the subdivision on the eastern border is an easement that runs with the land and does not believe 30 feet is unreasonable. Carol Gottlieb, Environmental Design and Protection Committee, said that the committee stands with its original recommendations and listed them briefly. Sue Welch, Los Altos Hills resident, spoke regarding concerns of the protection of the natural resources, especially Matadero Creek, and concerns regarding the development of lot 7. Chair Partridge asked for a recess. The meeting went into recess at 10:02 pm. The meeting reconvened to open session at 10:06 pm. Ms. Ko and her design team addressed public comments. Dr. Hardwicke addressed concerns regarding a stream that is believed to run across lot 7. She spoke regarding BAARI (Bay Area Aquatic Inventory) mapping and that they tend to be used to overestimate the amount of water available and explained that it is recognized for being over mapped. Tim Tosta, applicant’s land use attorney, spoke regarding the applicant’s approach of enforcement from conditions of approval and CC&Rs bases. He stated that conditions of approval allow you to move in a more fluid and exacting way to create something better. Ms. Ko provided a response for the further concerns over lot 7. She agreed that it is not the easiest lot to build on but believes her team has accommodated it through open space easements and design adjustments. Ms. Ko explained that each lot would be presented to the Planning Commission with a house development plan and a preliminary screening plan for approval. Approved January, 11, 2018 7 Regular Planning Commission Meeting Minutes November 2, 2017 Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Commissioner Couperus clarified with Chair Partridge the strategy for structuring the discussion. The Commission further discussed the approach to each main point and decided to discuss lot 7 first and work through the topics, leaving enforcement for last. Commissioner Couperus spoke regarding lot 7 and stated that there are enough issues with this specific lot that he cannot move forward with an approval at the moment and would need to know more about the condition of the land from someone other than the applicant’s hired team. Commissioner Tankha commented on the two separate agencies having opposite views and observations of the land. She said she does not know who to believe and would like to look at the issue further to decide conclusively whether or not there is water. Commissioner Mandle said that she is hesitant to create an overly constrained lot. She explained that what is defined as lot 7 is currently over constrained and she can imagine the possible issues with future homeowners due to the restrictions of the land. She stated that if the lot lines could be moved to make a more accommodating site it would resolve her current issues with lot 7. Commissioner Basiji said that it felt as though committee members and Jeff Peterson were speaking of two different pieces of land. He said that he credits peoples’ expertise but explained that there are also community people that have knowledge at an abstract level on the issue that have an opposite view on lot 7. He explained that his questions from the September 7, 2017 Planning Commission meeting on the main concerns over lot 7 were not answered then or now. He stated that he is uncertain of what facts to believe. Chair Partridge stated that hearing the H.T. Harvey & Associates assessment brought important new information to the Commission regarding lot 7. He said that although Dr. Hardwicke represents the applicant, he trusts that her evaluation as a subject matter expert is accurate. He stated that the issue of whether or not the area is riparian is critical to determine whether it is buildable. He said that it is important for the Commission to be consistent with standards and to be mindful of everything being imposed on the applicant as to not make it unattainable. Further, Chair Partridge said that he is skeptical of lot 7 but many of his concerns have been addressed. Commissioner Couperus commented on policy 2.5 of the General Plan and spoke of what is defined as a hazard. The Commission further discussed the definition of hazards. Approved January, 11, 2018 8 Regular Planning Commission Meeting Minutes November 2, 2017 David Hexter, Roming Engineers, stated that lot 7 is not a landslide but in fact an accumulation of soil and repairing it would result in the slope being stronger and just as safe to build on as a leveled site. He said it can be fixed and has been done many times. The Commission asked further questions of Mr. Hexter and received responses. Commissioner Tankha stated that she would like an independent source to verify the assessment of the applicant’s professional team. She asked Town staff if the Town sought their own expert opinion. Director Avila confirmed that Cotton Shires & Associates reviewed the geotechnical report and does not believe Cotton Shires would recommend approval of a project that was not geotechnically feasible. Further, Director Avila said that the Town does not have an expert biologist but that a biologist from the environmental consulting firm that prepared the mitigated negative declaration assessed the property, and the Town hired a consultant to review all the storm water plan. Commissioner Mandle agreed with Commissioner Tankha regarding the request for a second opinion on the hydrology. Director Avila explained that the storm water plan and hydro modifications have been reviewed by EOA, Inc. Commissioner Mandle asked if staff could recommend someone to do the wetland review. Director Avila explained that the most knowledgeable and reputable firm, H.T. Harvey & Associates, did the review and the applicant had prior reviews done by Live Oak & Associates and WRA, Inc. and said that she would have to find more options for a fourth opinion. Mr. Tosta spoke regarding the number of firms and reviews provided to the Commission. Commissioner Mandle further discussed the possibility of a wetland. Dr. Hardwicke explained that it may have been a wetland at one point to develop the current soils but her expectation is that it is not a jurisdictional wetland today. Dr. Hardwicke said that she needs to observe the winter hydrology to say it with complete certainty. Ms. Ko stated that she can include a condition of approval that the wet season survey will be peer reviewed by an independent consultant hired by the Town. The Commission and applicant further discussed the protection necessary if the land is determined to be a wetland. The applicant agreed to include a condition of approval that states that if the wet season survey determines the area as a wetland, it will be protected by an open space easement. Commissioner Mandle stated that she would like to be provided with specific examples in town where this kind of soil remediation that was called potential landslide has occurred. Staff and the Commission further discussed how to accomplish this task. Commissioner Mandle spoke regarding the road alignment and said that ideally the constraints would have been mapped in advanced and the property would have been laid out around the constraints, to include the grove in the center, and the road would have been routed to avoid the trees. She is convinced that the proposed road alignment is the best they can do. Approved January, 11, 2018 9 Regular Planning Commission Meeting Minutes November 2, 2017 Commissioner Tankha said that she agreed with Commissioner Mandle and is satisfied with the proposed road alignment and believes it removes the least number of trees possible. Commissioner Couperus said that he agreed with fellow Commissioners regarding the road alignment but pointed out that some variants were not fully developed to include utilities and pathways. He said he believes it is the best that could be accomplished. Commissioner Basiji said he is in total agreement with fellow Commissioners. Chair Partridge said he is satisfied that they saved a few more trees by moving the pathway and is in full support. Commissioner Couperus spoke regarding his concern of having the landslide cross the property line between two lots. Staff explained that all the applicant is doing on the landslide is installing drainage. Staff, Commission, and applicant further discussed the landslide issue. The Commission discussed the possibility of a condition enforcing no fencing within 30 feet of the rear of the property. Commissioner Couperus spoke regarding the enforcement mechanism of CC&Rs and open space easements. He stated his solution for the issue of enforcement would be to implement CC&Rs while also having open space easements in certain areas. He commented on item 38 of the landscape master plan and is worried about the 10 feet condition on internal boundaries and suggested that there be an open space easement that states that there can be no fences on such easements that only exist on the interior borders between lots. The Commission further discussed the open space easement concept presented by Commissioner Couperus amongst themselves and with the applicant. Chair Partridge proposed that clauses be added to state no fences in the easements and a second that reads that the easement sunsets if any lots are merged. The Commission revisited the lot 7 topic and discussed amongst themselves and staff whether or not they are prepared to move forward with the proposal. MOTION MADE AND SECONDED: Commissioner Couperus moved to forward a recommendation to the City Council for approval of the Tentative Map dated October 26, 2017, application, inclusive of the Subdivision Map Act findings in Attachment 1, the conditions of approval in Attachment 2, the Mitigation Monitoring and Reporting Program in Attachment 3 with the added conditions: a 10 foot side property line no fence open space easements, 30 foot no fence easement along the eastern property line, requiring an open space easement if the willow area is deemed a wet land, and an outflow on lot 7 shall be relocated to avoid jurisdictional wetland and/or riparian areas. The motion was seconded by Commissioner Basiji. Approved January, 11, 2018 10 Regular Planning Commission Meeting Minutes November 2, 2017 MOTION CARRIED 4-1: AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Tankha, Chair Partridge NOES: Commissioner Mandle ABSENT: None ABSTAIN: None 3.4 LANDS OF PATEL; 11637 Dawson Drive; File #188-17-ZP-SD; A request for a Site Development permit for a swimming pool and a landscape screening plan for a previously approved two-story estate home approved at the March 5, 2015 Planning Commission meeting. CEQA review: Categorical Exemption per Section 15303(e) and 15304(b) - Accessory structure (swimming pool) and minor alterations to land - new landscaping (Staff: E. Horan) MOTION MADE AND SECONDED: Commissioner Tankha moved to continue item 3.4 to the December 7, 2017 regular Planning Commission meeting. The motion was seconded by Commissioner Mandle. MOTION CARRIED 5-0: AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 4. OLD BUSINESS – None Commissioner Couperus commented on metal roofs and told his fellow Commissioners that he would be sending Director Avila the subcommittee’s report to be distributed to them. 5. NEW BUSINESS – None 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for October 11 – Chair Partridge Approved January, 11, 2018 11 Regular Planning Commission Meeting Minutes November 2, 2017 Chair Partridge shared with fellow Commissioners his observations of the October 11, 2017 City Council Meeting. 6.2 Planning Commission Representative for November 16 – Commissioner Tankha 6.3 Planning Commission Representative for December 14 – Commissioner Mandle 6.4 Planning Commission Representative for January 18 – Commissioner Basiji 7. APPROVAL OF MINUTES 7.1 Approval of August 3, 2017 minutes. MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the August 3, 2017 minutes with the added correction to item 3.3. The motion was seconded by Commissioner Mandle. MOTION CARRIED 5-0: AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 8. REPORTS FROM SITE DEVELOPMENT MEETINGS - OCTOBER 17 & 24, 2017 8.1 LANDS OF DANIEL, 27798 VIA VENTANA; File #250-17-ZP-SD; A request for a Site Development Permit for landscape screening, fencing and lighting plans for a previously approved new residence and pool. CEQA review: Categorical Exemption per Section and 15304(b) (Staff: S. Avila) 8.2 LANDS OF ADL 5 LLC; 10880 Magdalena Road: File #214-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a new 5,000 square foot, two-story residence which was approved at the June 21, 2016 Fast Track hearing. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping (Staff: S. Padovan) 8.3 LANDS OF ADL 5 LLC; 10888 Magdalena Road: File #215-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a new 5,000 square foot, two-story residence which was approved at the June 14, 2016 Fast Track Approved January, 11, 2018 12 Regular Planning Commission Meeting Minutes November 2, 2017 hearing. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping (Staff: S. Padovan) 8.4 LANDS OF CARMACK; 26815 Ortega Drive; File #282-17-ZP; A request for a fence permit and an exception to install a six (6) foot tall chain link fence with a reduced setback of 30 feet from the centerline of Fremont Road. CEQA review: Categorical Exemption per Section 15303 (e) -Accessory structure (fence) (Staff: E. Horan) 8.5 LANDS OF GHOSH; 26850 St. Francis Road; File #252-17-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a previously approved residence. CEQA review: Categorical Exemption per Section 15304 (b) – new landscaping (Staff: E. Horan) 9. REPORTS FROM FAST TRACK MEETINGS - OCTOBER 10, 2017 9.1 LANDS OF FRENKEL; 11120 Mora Drive; File #165-17-ZP-SD-GD; A request for a Site Development Permit to construct a 1,621 square-foot addition to a two- story residence (Maximum height 25’-2”). CEQA review: Categorical Exemption per Section 15303 (a) - additions to existing single family residential property (Staff: E. Horan) Approved January, 11, 2018 13 Regular Planning Commission Meeting Minutes November 2, 2017 10. ADJOURNMENT The meeting adjourned at 12:30 am. Respectfully submit, Veronica Flores, Administrative Technician The minutes of the November 2, 2017 regular Planning Commission meeting were approved as presented at the January 11, 2018 special Planning Commission meeting.