HomeMy WebLinkAbout04/05/2018Approved May 3, 2018
1
Regular Planning Commission Meeting
April 5, 2018
Minutes of a Regular Meeting
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, April 5, 2018, 7:00 PM
Council Chambers, 26379 Fremont Road
______________________________________________________________________________
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Present:
Absent:
Commissioner Basiji, Commissioner Couperus, Commissioner Mandle,
Commissioner Tankha, Chair Partridge
None
Staff: Planning Director Suzanne Avila, Consultant Planner Steve Padovan, Assistant
Planner Erin Horan, Planning Technician Cody Einfalt
2. PRESENTATIONS FROM THE FLOOR
Chair Partridge opened presentations from the floor. Seeing none, presentations from
the floor were closed.
3. PUBLIC HEARINGS
Ex parte disclosures: Commissioner Couperus spoke with Douglas and Patricia Leone,
Liam O’Brien, and Nobuko Cleary. Commissioner Tanka spoke with Douglas and
Patricia Leone. Commissioner Mandle spoke with Douglas and Patricia Leone, Liam
O’Brien, Laura Snable, and Nobuko Cleary. Commissioner Basiji spoke with Randy
King, Douglas and Patricia Leone, Liam O’Brien, and Nobuko Cleary. Chair Partridge
spoke with Douglas and Patricia Leone, Liam O’Brien, Randy King, and Nobuko Cleary.
3.1 LANDS OF JIANG AND JIA; 24600 Summerhill Avenue: File #322-17-ZP-SD-
CDP-VAR; A request for Site Development and Conditional Development
Permits to construct a new 326 square foot addition to a two-story residence on a
.442 net acre lot and a setback variance to allow two required covered parking
spaces in the front yard setback (Maximum height 24'7"). CEQA review:
Categorical Exemption per Section 15303 (a) - additions to existing single family
residential property; (Staff: Erin Horan).
Assistant Planner Erin Horan presented the staff report. The Commission asked
questions and received responses.
Approved May 3, 2018
2
Regular Planning Commission Meeting
April 5, 2018
The Commission discussed the maximum floor area calculations in the staff report
and its applicability to the proposed project site.
Chair Partridge opened the PUBLIC HEARING.
Randy King, project contractor, spoke regarding the project and the existing
conditions on the site. He explained how he tried to work around the code
compliance issues regarding the setbacks and maximum floor area allowed to be
developed. He stated that the garage was a limiting factor and it could not be moved
due to the location of the driveway.
Chair Partridge saw no one else from the public wishing to speak and closed
the PUBLIC HEARING.
Commissioner Basiji explained that he visited the project site and understood the
difficulty that came along with the property. He explained that the remodel is
reasonable for a house that is very old. He spoke regarding the encroachment
issue of the accessory structure and that it needs to be removed as a part of the
project. He concluded that he has no problem with the upgrades to this property.
Commissioner Mandle stated that the project is a net improvement to the property.
She explained that the amount of non-confirming features being removed outweighs
the non-conforming features that are to be built. She requested an added condition
requiring the oleanders blocking the pathway be pruned.
Commissioner Tankha stated that any project on this site would be challenging
due to the amount of pre-existing non-conforming features. She explained that she
approved of the parking spaces being added as a part of the project as it will help
take cars off the road. She added that the house is well designed and she supports
the project.
Commissioner Couperus spoke regarding the history of the property and how the
home was built before the incorporation of the Town. He explained that the
proposed project would be bringing the house closer into compliance with Town
code. He stated that the house fits in with the surrounding neighborhood quite well.
Chair Partridge agreed with everything his fellow Commissioners have said. He
stated that he approves of reducing the amount of existing non-conforming
structures on the project site.
MOTION MADE AND SECONDED: Commissioner Tankha moved to approve
the requested Conditional Development and Site Development Permits for an
addition with setback variances, subject to the recommended findings in
Attachments 1 and 2 and conditions of approval in Attachment 3 with the added
condition that the oleanders blocking the pathway shall be pruned. The motion was
seconded by Commissioner Mandle.
Approved May 3, 2018
3
Regular Planning Commission Meeting
April 5, 2018
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 LEONE; 13389 Robleda Road; File #431-16-ZP-SD-GD; A request
for a Site Development Permit to construct a new 9,988 square foot residence
(Maximum height of 27') with a 6,800 square foot basement, a new swimming
pool and related hardscape improvements. The project also includes the removal
of three heritage oak trees. CEQA review: Categorical Exemption per Section
15303(a) - construction of a new single-family residence; (Staff-Steve Padovan)
Consultant Planner Steve Padovan presented the staff report. The Commission
asked questions of staff and received responses.
Chair Partridge opened the PUBLIC HEARING.
Douglas Leone, applicant, spoke regarding his project. He began by apologizing
for the neighborhood discontent with the first submittal of his project back in 2017.
He explained that he hired a team of consultants to try and address all the neighbors'
concerns and he hopes the effort shows. He was pleased to share that the project has
100% neighbor support.
Joe and Barbara Amos, Patricia Leone's parents, spoke about their family and
expressed hope that they can move into the new house soon.
Timothy Tosta, project attorney, spoke regarding the neighborhood outreach
process the consultant team used for the project and noted the effort the Leone
family put forth to please everyone. He stated that the house has unanimous
neighborhood support and has left the Leone family with new lasting friendships.
He discussed the changes in the new submission and how the project has tried its
best to address all concerns. He addressed the topic of the open space easement
requirement for slopes greater than 30% and how the Town's standards should not
apply to this piece of land.
Chair Partridge asked questions of the Mr. Tosta regarding the conservation
easements on the property and received his response.
Approved May 3, 2018
4
Regular Planning Commission Meeting
April 5, 2018
Carol Gottlieb, Chair of the Environmental Design & Protection Committee
(EDPC), spoke regarding the Town's requirement for an open space easement on
slopes greater than 30%.
Mr. Tosta spoke in response to the EPDC’s request for the open space easement.
He explained that it would not be practical for the Town to ask for an easement due
to the fact that the land is currently a vineyard and has an active well and sprinkler
system in the location where the easement is proposed.
Commissioner Basiji asked questions of the Mr. Tosta regarding the location of
the well on the property and received his response.
Chair Partridge closed the PUBLIC EHARING.
Commissioner Mandle began by thanking the applicant and the neighbors for the
active communication in solving the issues on this property. She stated she had no
problem with the structure of the house and her only concern was regarding the
drainage on the property and the view that may be impacted from the hills across
Robleda Road. She explained that a landscape screening plan will need to protect
these views from this location. She addressed the issue of the open space easement
requirement and explained that the Commission's decision tonight may effect the
Commission's discretion in the future regarding other properties with slopes over
30%. For this reason, Commissioner Mandle wanted to add a condition to address
the open space easement requirement.
Commissioner Tanka thanked the applicant for the neighborhood outreach that
was done. She stated that the project did a good job addressing all the neighborhood
concerns. Regarding the landscape screening, she stated that the applicant can work
with staff to address the view from the hills across Robleda when the time comes.
In terms of the open space easement, she explained that she sees the vineyard as
agricultural land and she wants to work on drafting a condition to address the
Town's requirement for slopes of 30% or more.
Commissioner Couperus explained that this project has addressed all the concerns
from the neighborhood and is the biggest turn around that he has seen on his
time with the Planning Commission. He stated that he is concerned with the
precedent the Commission’s decision will make regarding the open space easement
requirement for slopes over 30%. Commissioner Couperus asked the question of
where the public benefit would be for this specific open space easement dedication.
The land is a vineyard and its current use does not benefit the Town.
Commissioner Basiji stated that he is pleased with the effort that the applicant has
taken to address all the concerns from the neighbors. He said it brings him joy when
neighbors come together to find a working compromise. Regarding the open space
easement, he stated that he sees no immediate public benefit from the dedication of
the land. He added that a condition for the future dedication of the open space
easement would be acceptable in this situation.
Approved May 3, 2018
5
Regular Planning Commission Meeting
April 5, 2018
Chair Partridge stated that it is noteworthy to point out that he did not hear a
single comment from the neighbors in the public hearing. He stated that the
vineyard does not conform to the open space easement requirements of the Town.
He added that the vineyard is legal and does not violate any Town rules. It is a use
that preexisted this application and could possibly be deemed legal-
nonconforming. He agreed with his fellow Commissioners that this decision will set
precedent and that the Commission should include something in the conditions
regarding the future dedication of the open space easement.
Commissioner Mandle stated that deferring the open space for future dedication is
what had happened with the land in the past. Deferring it again would result in
prolonging the dedication. She questioned her fellow Commissioners as to when the
Town would uphold the redevelopment standard for slopes greater than 30%. She
explained that she is concerned that other land owners will build vineyards on their
property without the dedication of the easement.
Discussion between staff and the Commission ensued regarding the dedication of an
open space easement and how it could set precedent for future development in the
Town.
Mr. Tosta spoke regarding the dedication of an open space easement. He agreed
that a future dedication of an easement would suffice in this situation.
MOTION MADE AND SECONDED: Commissioner Tanka moved to approve
the Site Development Permit subject to the recommended conditions of approval in
attachment 1, with the added conditions that the open space dedication for the
slopes in excess of 30% be reviewed and revisited if and when the subject property
comes back for major redevelopment, condition number 17 should be
removed from the conditions of approval, and the applicant shall work with staff on
their landscape screening plan to ensure that any impact on the views from the hills
across Robleda are mitigated and protected. 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
3.3 LANDS OF DJNH, LLC; 26400 Eshner Court: File #20-18-ZP-SD; A request for
Approved May 3, 2018
6
Regular Planning Commission Meeting
April 5, 2018
a Site Development Permit for a landscape screening plan associated with a pool
cabana at an existing residence which was approved at the November 3, 2016
Planning Commission hearing. CEQA review: Categorical Exemption per Section
15304 (b) - new landscaping; (staff-Steve Padovan).
Consultant Planner Steve Padovan presented the staff report.
The Commission asked questions of staff and received responses.
Chair Partridge opened the PUBLIC HEARING.
Ken Schoppet, landscape architect, spoke regarding the project. He addressed the
Commission's concern of the compost bin in the set back and stated that it could be
moved if necessary. Mr. Schoppet added that in a few years the landscaping will
block the view of the cabana and it will be completely screened.
Nobuko Cleary, Silent Hills Lane, spoke regarding her concerns with screening the
cabana. She stated her view should be protected, the compost bin on the project site
should be moved, the wall of the cabana facing her property should be painted a
darker color, and the walnut tree on the neighbor’s property should be removed.
Mr. Schoppet, responded to the comments made by Ms. Cleary. He stated that he
thinks repainting the cabana is unnecessary since the landscape screening will block
the wall once it has been planted and had time to grow. He added that he would
remove the walnut tree if the Commission thinks it is appropriate.
Chair Partridge closed the PUBLIC HEARING.
Commissioner Tanka spoke regarding the height of the landscape screening and
pointed out that condition number 3 already specifies that the plants shall not grow
higher than the cabana. She also suggested that the applicant move the compost bin
to please the neighbors.
Commissioner Couperus stated he agreed with Commissioner Tankha
Commissioner Basjij stated that he is against changing the color of the back wall
of the cabana. The structure should remain the same color throughout and match the
house. He stated that he approves of the plants selected for the landscaping and
thinks they will look great screening the cabana. He added that he would support
removing the walnut tree if his fellow Commissioners agree it would improve the
views from the Cleary property.
Commissioner Mandle said that she understands why the compost bin is in its
current location. She stated that instead of moving the bin, there should be an added
condition that the compost bin be screened by shrubs that will not grow taller than
the height of the compost bin. She added that she is not in favor of painting the back
Approved May 3, 2018
7
Regular Planning Commission Meeting
April 5, 2018
wall of the cabana, due to the fact that the wall will not be visible once
the landscape screening had been planted.
Chair Partridge agreed with everything his fellow Commissioners stated.
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
compost bin be screened by shrubs that will not grow taller than the height of t he
compost bin. 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
4. OLD BUSINESS
5. NEW BUSINESS
6. REPORTS FROM THE CITY COUNCIL MEETINGS
6.1 Planning Commission Representative for March 22 – Chair Partridge
Chair Partridge explained the traffic calming measures that were heard on March
22, 2018. He explained the Council decided to dismiss the measure.
6.2 Planning Commission Representative for April 19 - Commissioner Tankha
6.3 Planning Commission Representative for May 17 - Commissioner Mandle
6.4 Planning Commission Representative for June 21 - Commissioner Basiji
6.5 Planning Commission Representative for July 19 - Commissioner Couperus
7. APPROVAL OF MINUTES
7.1 Approval of March 1, 2018 minutes
Approved May 3, 2018
8
Regular Planning Commission Meeting
April 5, 2018
Commissioner Mandle stated that she would like to see more detail be included in
the motion for item 3.3
MOTION MADE AND SECONDED: Commissioner Mandle moved to
postpone approval of the March 1, 2018 Regular Planning Commission meeting
until corrections to the minutes can be made. 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
8. REPORTS FROM SITE DEVELOPMENT MEETINGS - MARCH 20 & MARCH 27
8.1 LANDS OF PAGE; 26960 Orchard Hill Lane: File #41-18-ZP-SD; A request for a
Site Development Permit for a landscape screening plan associated with a major
addition to an existing residence which was approved at the July 12, 2016 Site
Development hearing. CEQA review: Categorical Exemption per Section 15304
(b) - new landscaping; (Staff-Steve Padovan).
8.2 LANDS OF BANATAO; 26810 Ortega Drive; File #435-17-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-Erin Horan).
8.3 LANDS OF MCNISH; 24183 Dawnridge Drive; File #291-17-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-Marni Moseley).
9. REPORTS FROM FAST TRACK MEETINGS - MARCH 6
9.1 LANDS OF SCHOTT; 26925 ORCHARD HILL WAY: File#433-17-ZP-SD; A
request for a Site Development Permit for a new 5,234 square foot two-story
residence with a 521 square foot attached garage (maximum height 26'4") and a
swimming pool and spa. A CEQA review: Categorical Exemption per Section
15303(a) and (e) (Staff-Suzanne Avila).
9.2 LANDS OF CHONG; 14525 Miranda Road; File #401-17-ZP-SD-GD; A request
Approved May 3, 2018
9
Regular Planning Commission Meeting
April 5, 2018
for a Site Development Permit for a new 6,000 square-foot two-story residence
(Maximum height 27'). CEQA review: Categorical Exemption per Section
15303(a) - construction of a new single-family residence in a residential zone
(Staff-Marni Moseley).
10. ADJOURNMENT
The meeting adjourned at 9:37 p.m.
Respectfully Submitted,
Cody Einfalt
Planning Technician
The minutes of the April 5, 2018 Regular Planning Commission Meeting were approved as
presented at the May 4, 2018 Regular Planning Commission Meeting.