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HomeMy WebLinkAbout02/01/2018Approved March 1, 2018 1 Regular Planning Commission Meeting February 1, 2018 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, February 1, 2018, 7:00 PM Council Chambers, 26379 Fremont Road ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Absent: Commissioner Basiji, Commissioner Mandle, Commissioner Tankha, Commissioner Couperus Chair Partridge (arrived at 9:10 p.m.) Staff: Planning Director Suzanne Avila, Consultant Planner Steve Padovan, Assistant Planner Erin Horan, Senior Planner Marni Moseley, Building Technician Veronica Flores, Planning Technician Cody Einfalt 2. PRESENTATIONS FROM THE FLOOR Commissioner Mandle opened presentations from the floor. Seeing no one wishing to speak, she closed presentations from the floor. 3. CONSENT CALENDAR 3.1 LANDS OF KEYANI AND MANSOOR; 14780 Manuella Road; File #391-17- ZP-SD; A request to revise the LUF, MDA, and MFA for the property based on a revised topographic survey and to remove a deed restriction from the property (Staff: E. Horan). MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the July 2017 topographic survey and co rresponding worksheet #1 (Attachment 1) and direct staff to proceed with the removal of the Memorandum of Site Development Permit (Attachment 2) recorded by the Town in 1995. The motion was seconded by Commissioner Couperus. MOTION CARRIED 4-0. AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha NOES: None Approved March 1, 2018 2 Regular Planning Commission Meeting February 1, 2018 ABSENT: Chair Partridge ABSTAIN: None 4. PUBLIC HEARINGS Ex parte: Commissioner Tankha met with Steven Stept and Simon Yiu. Commissioner Couperus met with Steven Stept, Carol Gottlieb, Dr. Bennet, and Kjell Karlsson. Commissioner Basiji met with Planning Director Suzanne Avila, Steven Stept, Commission Tankha, Simon Yiu, and Consultant Planner Steve Padovan. Commissioner Mandle spoke to Steven Stept and Alice Sakamoto. Chair Partridge exchanged emails with Simon Yiu. 4.1 LANDS OF PROGRESSIVE CAPITAL, LLC; 25788 Bassett Lane; File #372 -15- ZP-SD-GD; A request for a Site Development Permit to construct a new 4,744 square foot, two-story residence (maximum height 27’) with a 784 square foot detached garage, a pool, driveway and related hardscape improvements. The proposal includes a request to remove 19 heritage oak trees; CEQA review: Categorical Exemption per Section 15303(a) (Staff: S. Padovan). Consultant Planner Steve Padovan, presented the staff report. The Commission asked questions and received responses. Simon Yiu, applicant, spoke regarding the history of the project, the placement of the house and the overall intention to preserve the most amount of trees possible. He added the main goal is to have little to no impact on the neighbors when constructing the house. Steven Stept, Feldman Architecture, presented the proposed design. He commented on three main points: the overall process of approaching the lot, the act of designing the house, and lastly the trees on the property. The Commission asked questions of Mr. Stept regarding which tress are to be removed and received responses. Michael Young, Urban Tree Management, stated that he has experience with trees in this particular area and he provided his personal opinion regarding the health of specific trees on the lot. He stated that he has not lab tested the trees for sudden oak death, but says that he can physically see the symptoms of the disease. He said the applicant is willing to get them tested if the Commission wished. Commission asked questions and received responses. Cooper Allison, Lea & Braze Engineering Inc, spoke regarding the site drainage. He commented on the temporary erosion control plan that would protect the Approved March 1, 2018 3 Regular Planning Commission Meeting February 1, 2018 property during construction. The Commission asked questions and received responses. Commission Mandle opened the PUBLIC HEARING. Carol Gottlieb, Environmental Design & Protection Committee, stated she is also confused with the proposed tree removals. She commented on the pool and said that the excessive excavating could bring sudden oak death. Peter Nieh, Bassett Lane, spoke of previous owners who lived on the lot before. The impact of this project is fairly significant on the neighborhood. The construction is going to be disruptive to his family and he wanted to minimize the noise as much as possible. He wanted both developments to be completed simultaneously to minimize neighborhood impact. He stated he wanted to preserve the rural environment as much as possible so he asked the Planning Commission to limit fencing. Sue Welch, Los Altos Hills, spoke about sudden oak death and their relationship with bay trees. She stated that it is very difficult to diagnose sudden oak death and recommended not to remove bay trees in the riparian areas. Lisa Sousa, Summit Wood Road, commented that she is opposed to the subdivision. David Kuethel, Summit Wood Road, spoke about his concerns regarding the proposed project. He stated that he would like the opportunity to work with the developer on the placement of the trail/driveway and be included in the landscape screening aspect. Mr. Stept talked about the future landscape screening and said he is more than happy to work with the neighbors at the appropriate time. He spoke regarding protecting as many trees as possible. Mr. Young spoke regarding the concerns of the trees and their susceptibility to sudden oak death. The Commission asked questions and received responses. Mr. Stept, stated that he is trying to take down the smallest number of sick trees that will interfere with this development. Mr. Allison spoke regarding the pathway concern. He said item No. 9 on the conditions of approval of the initial subdivision for this lot speaks about the native pathway condition. He commented that he and his team are working with Town staff to address this requirement. Commissioner Mandle closed the PUBLIC HEARING. Commission discussion ensued. Approved March 1, 2018 4 Regular Planning Commission Meeting February 1, 2018 Commissioner Couperus stated that the lot the Commission has before them is constrained. He pointed out that the applicant has not requested for a single variance. He commented on trees, fencing, the reflectivity of the roof and walls, and the sharing of utility installation cost. Commissioner Basiji commented that the design is good and there is good placement on the lot. He stated that it has a welcoming appearance. He commented that his only issue is that they have not gone far enough in an effort to save trees. He believed that two or three more trees can be saved with more effort in planning the driveway. Commissioner Tankha agreed with what has been said by her fellow Commissioners. She thinks the applicant has made good effort with the project given all constraints, and the design lends itself well. She suggested that the applicant and architect work with the surrounding neighbors during the construction timeline to minimize the impact on them. She also agrees with the restriction of fencing on the property and said the applicant is ready to comply. Commissioner Mandle said that she agreed that there is room for the buildings to be adjusted to save more trees. She pitched the idea of placing a maximum number of heritage oaks trees to be removed. She expressed concerns regarding the drainage on the property and that improvements are necessary to help with erosion on the lot. She added that she is willing to give a condition of approval for no fencing in the setbacks. She would like for the project to return for approval of the landscape plan. She also wants the external color of the house to be approved by staff to make sure the proposed building is in compliance with Town ordinances. She spoke of the pathway and concerns of privacy, but said that this matter can be discussed at a later date with the landscape screening proposal. The Commission further discussed the condition of no fences or gates to be allowed in the setbacks. They further discussed the limits of trees to be removed and narrowed themselves down to a specific number. MOTION MADE AND SECONDED: Commissioner Basiji moved to approve the Site Development Permit subject to the recommended conditions of approval in Attachment 1 with the added conditions that the number of heritage oak trees to be removed are limited to 12 (to protect the tree in the northwest corner of the main dwelling ), staff work with applicant and their civil engineer to reroute the driveway if feasible, no fences or gates are permitted in the setbacks, regulatory agency review of the drainage area to determine whether permits are required for remediation, the landscape plan comes back to the Planning Commission, and staff is to approve the colors for the walls and the roof to ensure they appropriately blend into the site. The motion was seconded by Commissioner Mandle. MOTION CARRIED 4-0. Approved March 1, 2018 5 Regular Planning Commission Meeting February 1, 2018 AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha NOES: None ABSENT: Chair Partridge ABSTAIN: None Chair Partridge arrived at 9:10 pm Chair Partridge gave his Ex Parte interactions for the items on the agenda. 4.2 LANDS OF ROBLEDA LAH LLC; 12950 Robleda Road; File #341-17-ZP; A request for a permit to construct a fence 2,719 feet in length. CEQA review: Categorical Exemption per Section 15303 (e) (Staff: E. Horan). Associate Planner Erin Horan presented the staff report. The Commission asked questions and received responses. Chair Partridge opened the PUBLIC HEARING. Jeff Lea, Lea & Braze Engineering Inc, spoke regarding the project and the intentions behind the fence. He said that there is no further development planned for this land. He discussed open space easements, fence design, and wildlife. Commissioner Tankha stated she does not believe a deer can jump over the proposed fence or get through the bottom gap with the proposed dimensions. Commission discussion ensued regarding the free-flowing characteristics of openings in fences. Nancy Couperus, Page Mill Road, spoke regarding her experience with fencing in horses. She states that three-rail fences are excessive and two-rail fences will keep in a horse just fine while still letting wildlife pass through. Sue Welch, spoke of the fence dimensions listed in the staff report. She commented that all of the natural resources on the land that provoked the open space easements are still present. She said that if development happens on this lot, wildlife fencing will be the main concern. She stated that the Open Space Committee did suggest the idea of two-rail fencing. Carol Gottlieb, Environmental Design & Protection Committee, spoke of her knowledge of fencing and how to enclose horses. She said that lowering the fence to 4 feet, while maintaining three rails is a possible solution. Ben Heng, La Rena Lane, spoke of the 5 foot setback of the pathway. He stated that it is tough to walk and would appreciate something more comfortable. He said Approved March 1, 2018 6 Regular Planning Commission Meeting February 1, 2018 he is opposed to a large 6 feet wall. He commented that he has deer near this property and thinks that a fence would restrict their movement. Bennett Gates, La Rena Lane, expressed gratitude of the 20 foot setback which borders his property and the Lands of Robleda. He made the point that between the two fences there are a number of trees present and if the fence should encounter a tree, the fence should go wider and not narrower along the path. Mr. Lea, applicant, responded to comments from the public. He addressed setbacks from the property line and said that if he pushed the fence back to comply with a 10 foot setback, the project would require grading. If grading became apart of this project, the property would have to sacrifice trees, and he does not want to see that. Chair Partridge closed the PUBLIC HEARING. Commissioner Mandle stated that she has walked the property and she agrees with the applicant that the path is at the top of a berm and there is no room to widen the path. She said that she can live with less than a 10 foot setback, but she is hesitant to approve the setback with that number because Town maintenance will still need to access this area. Associate Planner Erin Horan responded to Commissioner Mandle's concerns about easements and placement of fencing. Commissioner Basiji spoke about his experience hiking the hills near this property. He stated that a two-rail fence can keep horses inside while still being wide and transparent enough for wildlife of all sizes to pass through. Regarding placement, he stated that any fencing is not set in stone and future owners of the land can change the placment of fence Commissioner Tankha said that since this is a large section of land any future development on this property will have an open space easement. She explained that the Commission needs to keep this in mind and continuously enforce the free passage of wildlife. Commissioner Couperus prepared slides of various fencing. He explained that his design process was centered around privacy (keeping people out) and not so much keeping animals in. He explains that surrounding the property are for wildlife hangouts with the most important area being near the intersection of Sunset and Burke Road. Chair Partridge said that Commissioner Couperus's fence (where top of the rail is 48 inches) is more rural looking and would like the applicant's fence to look like this. Commissioner Couperus explained that a 48 inch, two-rail fence kept his horses in. Approved March 1, 2018 7 Regular Planning Commission Meeting February 1, 2018 Commission discussion ensued regarding the location of fencing and swales on the property. Commission asked questions of staff and received answers. Chair Partridge asked if the Pathway Committee looked at the project. Staff responded that no official committee response was received. Commission discussion ensued. Commissioner Couperus stated his concern with swales and horses. He stated that whenever the fence encounters a swale, the gap below the fence will get bigger and horses may try to get through. Commissioner Mandle stated her concern regarding manure from the horses and the erosion in the drainage swales. She explained again that she would like to see the fence placed in such a manner that will keep the horses away from the drainage swales. Commission discussion ensued regarding the location and width of pathway and how it will work with the landscape on the property. The topic of future development on the property was also discussed and how the fence will play a factor in the future. Commission asked questions of staff and received answers. Commissioner Basiji stated that the Commission should keep in mind the intention behind the fence. He added that there needs to be a two-rail fence that is open to wildlife movement. MOTION MADE AND SECONDED: Commissioner Basiji moved to continue item 4.2 to the March 1st planning commission Meeting to allow the developer to redesign and modify the fence to a two-rail structure with a 24 inch clearance at the bottom, 54-60 inches tall, and provide more clarity on the swales issue. The motion was seconded by Commissioner Couperus. MOTION CARRIED 5-0. AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 4.3 Introduction of a revised 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 Approved March 1, 2018 8 Regular Planning Commission Meeting February 1, 2018 15061(B)(3) (Staff: M. Moseley). Senior Planner Marni Moseley presented the staff report. The Commission asked questions regarding how staff will keep track of homeowner violations to the short- term rental ordinance and received responses. Chair Partridge commented on the importance of regulating events and the amount of people allowed within a single short-term rental. He added he would like to see something in the policy that clarifies that the person obtaining the short-term rental license primarily lives in the house renting out. Commission discussion ensued regarding how many strikes a homeowner would be allowed before their renter license is revoked. Commissioner Couperus inquired about liability. Chair Partridge opened PUBLIC HEARING. Scott Vanderlip, made four general comments: (1) He stated that this version of the short-term rental ordinance still does not address the original issues that come along with short-term rental (i.e. traffic, safety). (2) He said the Town has not projected any costs of that this ordinance will bring such as hiring a vendor to regulate the participating properties. (3) He said that this ordinance is not citizen authored and it should be written better to serve the residents. (4) He said this ordinance is reducing the fun and authenticity of the neighborhood. Commission discussion with staff ensued regarding the pricing of the license. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensued. Commissioner Tankha commented on the burden that is carried with short term rentals. She stated that if there is neighborhood concern regarding short term rentals, she is all in favor of adopting an ordinance of this nature. Commissioner Couperus said that a major concern is that the renter of a property must still be residing in the home. Commissioner Basiji stated it is about short-term rentals and how to control them in a town like Los Altos Hills when the residents are very keen to maintain their privacy. He added if short term rentals are going to be in the Town, they have to be regulated. Commissioner Mandle stated that she was present at both City Council meetings when this issue was brought up. She pointed out that the Council will make the final decision. She believes the best thing for the Planning Commission to do is get Approved March 1, 2018 9 Regular Planning Commission Meeting February 1, 2018 this ordinance to the Council as soon as possible and they will provide the Town with an answer. She also said that there will be more people at the City Council meeting and that is where this issue will be resolved. Chair Partridge concurred with the comments made by Commissioner Mandle and said he can see this ordinance functioning well in Los Altos Hills. Commission discussion ensued about how many strikes there should be for renters. Commissioner Couperus stated that the Planning Commission needs to tackle this issue. He does not want this issue to be sent back and forth between the Planning Commission and the City Council any longer. MOTION MADE AND SECONDED: Commissioner Mandle moved to forward and adopt the draft short-term rental ordinance (Attachment 1) and Short-term Rental Policy and Applicant Agreement (Attachment 2) with the spelling corrections. The motion was seconded by Commissioner Tankha. MOTION CARRIED 5-0. AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 5. OLD BUSINESS – None 6. NEW BUSINESS – None 7. REPORTS FROM THE CITY COUNCIL MEETINGS 7.1 Planning Commission Representative for January 18 – Commissioner Basiji 7.2 Planning Commission Representative for February 15 – Commissioner Couperus 7.3 Planning Commission Representative for March 22 – Chair Partridge 7.4 Planning Commission Representative for April 19 – Commissioner Tankha 7.5 Planning Commission Representative for May 17 – Commissioner Mandle Approved March 1, 2018 10 Regular Planning Commission Meeting February 1, 2018 8. APPROVAL OF MINUTES – None 9. REPORTS FROM SITE DEVELOPMENT MEETINGS – January 9 &16, 2018 9.1 LANDS OF MARGARETIC; 23601 Camino Hermoso Drive; File #342 -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) (Staff: E. Horan). 9.2 LANDS OF JUNAID FAMILY TRUST; 26727 Taaffe Road; File #410 -16-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) (Staff: M. Moseley). 10. REPORTS FROM FAST TRACK MEETINGS – January 23, 2018 10.1 LANDS OF ALEXANDER AND CHENG; 12854 La Barranca Road; File #380- 17-ZP-SD; A request for a Site Development Permit to construct a new second story addition (24’ maximum height). CEQA review: Categorical Exemption per Section 15303(a) (Staff: M. Moseley). 11. ADJOURNMENT The Meeting was adjourned at 11:54 p.m. Respectfully Submitted, Cody Einfalt Cody Einfalt Planning Technician The minutes of the February 1, 2018 regular Planning Commission meeting were approved as presented at the March 1, 2018 regular Planning Commission meeting.