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HomeMy WebLinkAbout06/07/2018Approved August 2, 2018 1 Regular Planning Commission Meeting June 7, 2018 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, June 7, 2018, 7:00 P.M. Council Chambers, 26379 Fremont Road, Los Altos Hills, CA, 94022 ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge Staff: Planning Director Suzanne Avila, Consultant Planner Steve Padovan, Assistant City Attorney Edward Grutzmacher, and Planning Technician Cody Einfalt 2. PRESENTATIONS FROM THE FLOOR Chair Partridge opened presentations from the floor. Planning Director Suzanne Avila thanked Commissioner Tankha and Chair Partridge for their service to the Town on the Planning Commission. Seeing no one wishing to speak, Chair Partridge closed presentations from the floor. 3. PUBLIC HEARINGS EX PARTE: Commissioner Basiji said he spoke with Forrest Linebarger, Assistant City Attorney Edward Grutzmacher, and CJ Hickley. Commissioner Mandle stated she spoke with no one. Chair Partridge said he spoke with Mr. Linebarger and Ann Duwe. Commissioner Tankha said she spoke with Mr. Linebarger. Commissioner Couperus said he spoke with Mr. Linebarger. 3.1 LANDS OF SEGO & ZHUO; 13140 Avila Court; File #436-17-ZP-SD; A request for a Site Development permit for a landscape screening plan for a previously approved two story residence. CEQA review: Categorical Exemption per Section 15304(b) - Minor alterations to land - new landscaping. Continued from the May 3, 2018 Planning Commission meeting (Staff-Suzanne Avila). Suzanne Avila, Planning Director, presented the staff report. Chair Partridge asked staff about the species of trees that are being added to the landscape screening plan. Staff responded, noting the locations and types of trees. Approved August 2, 2018 2 Regular Planning Commission Meeting June 7, 2018 Chair Partridge opened the PUBLIC HEARING. Chris Yates, Landscape Architect, and Curt Klein, Architect, spoke about their project. They explained the changes to the plan which included the addition of six trees and darkening the large exterior wall on the property. Commissioner Basiji asked the applicants about the paint the wall is going to be colored and if it would fade or crack over time. Mr. Yates responded that the location of the wall eliminates the possibility of direct sunlight so the quality of the paint will not fade. Chair Partridge closed the PUBLIC HEARING. Commissioner Tankha stated she is satisfied with the project. Commissioner Couperus said that all his concerns have been addressed. He is happy with the new paint color of the wall and the addition of the trees. Commissioner Mandle said she is happy the applicant has addressed the Planning Commission's concerns. Commissioner Basiji said he agrees with his fellow commissioners. Chair Partridge stated he agrees with his fellow commissioners. MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the requested Site Development permit subject to the recommended conditions of approval in Attachment 1. 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 3.2 Consideration of a General Plan amendment to update the Master Pathway Map to add roadside and off-road pathways in areas that have been annexed to the Town since 2005 and to add pathway connections in the following areas: * Storyhill Lane to Page Mill Road * Zappetini Court to Central Drive Approved August 2, 2018 3 Regular Planning Commission Meeting June 7, 2018 * Via Feliz to Maple Leaf Court Director Avila presented the staff report. Chair Partridge opened the PUBLIC HEARING. Eileen Gibbons, former Chair of Pathways Committee, spoke about the feasibility of the proposed paths. Chair Partridge asked a question to Ms. Gibbons about how recommendations are given by the Pathways Committee and received a response. Commissioner Basiji stated that he is happy the pathway item being heard by the Planning Commission is not deciding a definitive path but rather confirming that this area of Town will be a future candidate for a pathway when the land is subdivided or developed. Director Avila clarified that the pathway item before the Commission is similar to the approach used in the Natoma subdivision. They are recommendations for the future development of pathways in the Town Ken Corineson, Los Altos Hills, spoke about the location of the easement on his property. He said that there may be a misunderstanding of where the easement lies. He said that the land would have to be surveyed to confirm the easements location. Chair Partridge asked staff for clarification on the location of the easement. Director Avila explained that an additional easement may be necessary to make the two pathway easements connect. Stephen Pahl, Northfork Vineyards representative, spoke about the vineyard. He said that the pathway creates a security issue and violates several General Plan policies. He said that the pathway will destroy heritage oak trees and the project is not exempt from a California Environmental Quality Act (CEQA) review. He added that the project will need an Environmental Impact Review (EIR) or a Mitigated Negative Declaration (MND). Commissioner Basiji stated that the item on the agenda is not a decision to pick a definitive location for a pathway but only a validation for a future development of a pathway that, in which its location will be determined at a future time. Mr. Pahl spoke about about the topography of the land and the feasibility of the pathway. Chair Partridge asked Assistant City Attorney Edward Grutzmacher, if the item on the agenda would need a CEQA review. Approved August 2, 2018 4 Regular Planning Commission Meeting June 7, 2018 Mr. Grutzmacher stated that the item on the agenda is only a conceptual project for the future dedication of a pathway. A CEQA review would not be possible because there is no location being proposed or determined with the item on the agenda. Chair Partridge asked staff about how the Town deals with oak trees during pathway construction. Staff responded that pathways go around trees whenever possible. Commissioner Mandle asked staff when an MND would be involved. Director Avila clarified when an MND is required. She explained that if the land is developed in the future with an estate home, or if it was subdivided it would need an environmental review. Sue Welch, Los Altos Hills, stated that the document she sent to the Commission showed the rationale that the Pathways Committee uses when suggesting a new pathway. Chair Partridge closed the PUBLIC HEARING. Commissioner Mandle stated that the three pathways are valuable to the Town. She said that she recommends the three additions to the Master Pathway Plan. Commissioner Basiji agreed with Commissioner Mandle. He said that he would like to make sure that these pathways will not burden the landowners of any property. He said he believes they are feasible and can easily meander around any oaks trees in the way. He stated he is in favor of all three paths. Commissioner Tankha asked for clarification on when the pathways would be proposed in the future. She said she does not like the idea that a native pathway may be proposed to be placed by someone's home. Commission discussion ensued regarding the scenarios that could happen to require a pathway on the land. Commissioner Couperus explained that the item on the agenda is only a connectional proposal on the strategic planning level. He mentioned that pathways are at the core of Los Altos Hills and they are what makes living in Town unique. Commissioner Tankha asked staff about the feasibility of the pathway. Staff responded that feasibility would be determined at a future time when the lot is developed. Approved August 2, 2018 5 Regular Planning Commission Meeting June 7, 2018 Chair Partridge clarified that in order for a pathway study to be conducted to determine the feasibility, the pathway recommendation must first be put on the Master Pathway Map. MOTION MADE AND SECONDED: Commissioner Mandle moved to forward a recommendation to the City Council on the following proposed off- road pathway connections for inclusion on the Master Path Map: Story Hill Lane to Page Mill Road (Attachment 2), Zappettini Court to Central Drive and Westwind Barn (Attachment 3), and Via Feliz to Maple Leaf Court Attachment 4). 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 The Commission now considered Agenda Item 3.5. 3.5 Introduction of Amendments to sections 10-1.202, 10.1-706, and 10.1.804 of the Los Altos Hills Municipal Code prohibiting the cultivation of medical and nonmedical cannabis, including personal outdoor cultivation, and prohibiting the establishment of all commercial medical and non medical cannabis operations within the Town limits; File #49-18-MISC; CEQA review: Categorical Exemption per section 15061(b)(3) (Staff-Steve Padovan). Consultant Planner Steve Padovan presented the staff report. Chair Partridge opened the PUBLIC HEARING. Seeing no one wishing to speak, Chair Partridge closed the PUBLIC HEARING. Commissioner Mandle stated she is in support of the amendment. Commissioner Tankha stated that she is happy the Town is following state law and expressed support for the amendment. Commissioner Couperus stated he agrees with what his fellow Commissioners have said. Commissioner Basiji said he supports the amendment. Approved August 2, 2018 6 Regular Planning Commission Meeting June 7, 2018 Chair Partridge said he is okay with the amendment. MOTION MADE AND SECONDED: Commissioner Tankha moved to forward a recommendation to the City Council to adopt the ordinance (Attachment 1) with the added condition that corrections be made as recommended by staff. 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 The Commission resumed the agenda and considered Item 3.3. 3.3 LANDS OF LINEBARGER; 10728 Mora Drive (Formerly 10730 Mora Drive, Lot 1): A Conditional Development Permit and Site Development Permit for a new 2,679 square foot, two-story single-family dwelling with 2,881 square feet of basement area on two levels along with Variance requests for side yard building setbacks of fifteen (15) feet and 15.5 feet, uncovered parking in the front and side yard setbacks, and deck, hardscape and basement lightwells in the side yard setbacks on a .374 acre lot; (Maximum height of structure is 27'); File #415-14- ZP-SD-GD-CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone district (Staff-Steve Padovan). Mr. Padovan presented the Staff report. The Commission asked questions of staff and received responses. Chair Partridge opened the PUBLIC HEARING. Forrest Linebarger, property owner and applicant, talked about his project and the changes that were made since the last submission. He said that the floor area was reduced, the number of bedrooms were reduced, the amount of massing was reduced, the retaining walls were reduced, the pathway was eliminated, the driveway was repositioned, the setbacks were increased, and the width of the structure was reduced. He spoke of the history of the lot lines and clarified that the land was not subdivided since his ownership. He talked about the context of Approved August 2, 2018 7 Regular Planning Commission Meeting June 7, 2018 the neighborhood and that his project would be asking for the same setbacks that many other houses in the neighborhood currently have. David Kehlet, Los Altos Hills, stated that he is opposed to the project. He said that the size of the house has not changed since previous submissions. Esther John, Los Altos Hills, urged the Planning Department to reject the project. She stated that the side setbacks are substantially smaller than Town standards. Aart De Geus, Los Altos Hills, talked about the history of the lot and its transfer of land ownership over the years. He urged the Planning Commission to reject the proposal. Judy Klein, Los Altos Hills, explained that the Town needs to follow the rules that are stated in the code. Hal Feeney, Los Altos Hills, opposed the development and said that approving the project would be granting the applicant a special privilege. Edward Cristal, Los Altos Hills, said that the Town has rules in place to maintain its character and beauty. He urged the Commission to deny the proposal. Gerda Cristal, spoke about how the project will reduce the beauty of the neighborhood. Carol Gottlieb, Environmental Design and Protection Committee, stated that in the event that the project is approved, the landscape screening plan would need to come back to be reviewed. Bridget Morgan stated that she is confused about the legality of the project. She mentioned that she wants all of the information regarding the properties to be available to the public. Mr. Grutzmacher spoke about attorney-client privilege and stated that disclosure of protected information to the public must be designated by the City Council. Ms. Morgan asked Mr. Grutzmacher to make a case for approval. She explained she is curious why the Town is having a hard time denying the project. Mr. Grutzmacher explained that there is a conflict between the Town's laws and Constitutional law. He added that the amount and types of variances to be granted are up to the Planning Commission's and City Council's discretion. Commissioner Basiji asked a question to Mr. Grutzmacher regarding how granting variances on substandard lots relates to grandfathering. Approved August 2, 2018 8 Regular Planning Commission Meeting June 7, 2018 Mr. Grutzmacher explained that the Commission could use lots in the neighborhood that have grandfathered structures as evidence to grant a variance. Commissioner Basiji asked about subdividing before incorporation. Mr. Grutzmacher clarified that this would not be considered grandfathering either. Chair Partridge asked if an informal oral agreement holds any legal importance that the Town should take into consideration. Mr. Grutzmacher answered no. He added that from the Town's point of view, Mr. Linebarger owns legal lots. Mr. Linebarger, responded to the comments made by the public and introduced his attorney to speak on legal issues of the lot. Mr. Hechtman, Applicant's Attorney, talked about the letters that the Commission received for the meeting. He spoke to the size of the house and the precedent it would be setting to not approve the project. Chair Partridge closed the PUBLIC HEARING. Chair Partridge stated that the Commission needs to make a decision tonight and that the project cannot go back to the City Council via a continuance. Commissioner Couperus said that there are two properties being heard at the meeting but his remarks apply to both of them. He said that there are two issues, the first of which being the design drawings. He explained that Mr. Linebarger has been compliant with the specific conditions the Commission has placed on his projects from past Planning Commission meetings. He stated that the important changes are that the retaining wall has been removed, there are no grading exemptions, the setbacks are at least 15 feet, and the number of bedrooms has decreased from five to three. With this in mind, he said that the design drawings are as good as they are going to get. He said the second issue was that the development would still be depriving the neighboring property owners of their personal space and view. He continued that the two lots were never proposed to have a house built on them. He spoke about the precedent that would be set by this project if the Commission approved the houses. Commissioner Tankha stated that the revised plans do show a lot of improvement in scale, articulation, grading, and reduction of bedrooms. She agreed with Commissioner Couperus that this house is an improvement. She explained that the house has gone underground but it is still the same size. She stated that the underground area needs to be addressed. Approved August 2, 2018 9 Regular Planning Commission Meeting June 7, 2018 Commissioner Mandle explained that she has continuously been expecting a much smaller house every time this project has come in front of the Planning Commission. She explained that the development needs to do a better job complying to the setbacks. She used a house on Fremont as an example of a house on a similar lot with a small Lot Unit Factor (LUF) and restricted setbacks. She explained that the applicant's house needs to be half the size that it currently is for her to start discussing its practicality. She added that she does not want substandard lots to use the Commission's decision on this project as precedent. Commissioner Basiji explained that this is a substandard lot that requires special treatment. He said that granting the applicant an approval would be giving him an equal application of the privilege shared in the nonconforming neighborhood. He explained that an approval would not set precedent and that the proposed setbacks are not extreme. He pointed out that the lot has been deemed compliant by the City Council, and from his understanding, this makes the lot developable. He explained that the City Council instructed the Planning Commission to find a house that works with the lot and he does not want to deny the project. He added that making the house any smaller may not benefit the Town or its future residents. Chair Partridge spoke about the Moody Road comparison that the applicant used in his presentation. He said that the Moody Road example was a different situation and is not comparable. He spoke of the neighborhood context, and noted that the setbacks Mr. Linebarger is proposing do fit with the neighborhood context. He agreed with Commissioner Basiji that making the house as small as possible may not benefit future residents and the Town in the long run. However, the reductions that were made since the last submission were not substantial enough. He stated that he wants to send the final determination to the City Council. Commissioner Couperus said that he cannot make the findings even as much as he likes the design. He spoke of how underground development can add to the burden of the neighborhood. He also wanted to send the project off to the City Council. Commissioner Mandle said that if the Planning Commission cannot make the findings, the Commission needs to deny the project. She explained that the project would then be appealed and the City Council could make the findings. Commission discussion ensued about whether or not they wish to deny the project and send it to City Council. Commissioner Couperus said that the Commission cannot make the findings because they have never made findings of this nature in the past Approved August 2, 2018 10 Regular Planning Commission Meeting June 7, 2018 Mr. Grutzmacher explained that the Commission could deny the project and approve the findings for denial at a separate special planning commission meeting later in June. Commission discussion ensued regarding how to structure the findings of denial. Commissioner Couperus stated that a finding of denial could be that the restrictions on the lot were only instantiated when the middle lot was sold. The Commission asked Mr. Grutzmacher if this could be a valid finding. Mr. Grutzmacher said that he would have to disagree with Commissioner Couperus. He explained that an argument could be made that the restrictions on the lot came into effect when the Town annexed the lots, zoned the land as residential, and placed its building standards on the lot. Commissioner Mandle asked Mr. Grutzmacher how specific the findings of denial need to be. Mr. Grutzmacher explained that there are three options the Commission could make: (1) the Commission could deny the project and say they cannot make the findings, (2) the Commission approve the project with specific added conditions on what they wish to change, or (3) the Commission could approve the project as presented. Discussion ensured regarding the three options presented to the Commission. MOTION MADE AND SECONDED: Commissioner Mandle moved to approve the denial of the project and direct staff to return with findings of denial at the next available Planning Commission Meeting. The motion was seconded by Commissioner Tankha. MOTION CARRIED 3-2. AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Tankha NOES: Commissioner Basiji, Chair Partridge ABSENT: None ABSTAIN: None Commission Discussion ensued about the findings of denial. Commissioner Mandle stated that the reasons for denial included that the site is not adequate in size or shape for the proposed intensity of development, the subject lot is much smaller than other lots in the neighborhood and the proposed Approved August 2, 2018 11 Regular Planning Commission Meeting June 7, 2018 development will not be harmonious with the neighborhood, none of the other homes in the neighborhood have a 15-foot setback for the entire length of the home, and the degree and quality of the variances are not consistent with the neighborhood. The Commission recessed at 11:05 PM The Commission reconvened to open session at 11:10 PM 3.4 LANDS OF LINEBARGER; 10758 Mora Drive (Formerly 10730 Mora Drive, Lot 3): A Conditional Development Permit and Site Development Permit for a new 2,508 square foot, two-story single-family dwelling with 2,797 square feet of basement area on two levels and Variance requests for side yard building setbacks of fifteen (15) feet, uncovered parking in the front and side yard setbacks, and deck, hardscape and basement lightwells in the side yard setbacks on a .398 acre lot; (Maximum height of structure is 27'); File #413-14-ZP-SD- GD-CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone district (Staff- Steve Padovan). Mr. Padovan presented the staff report. Chair Partridge opened the PUBLIC HEARING. Mr. Linebarger spoke about his project. He explained that many of the same issues on item 3.3 apply to this agenda item as well. Aart De Geus, Los Altos Hills, explained the difference between new construction and rebuilding and how it applied to this project. He urged the Commission to deny this project as well. Chair Partridge closed the PUBLIC HEARING. Commission discussion ensured regarding that each commissioner feels the same way about item 3.4 as they did for item 3.3. MOTION MADE AND SECONDED: Commissioner Mandle moved to approve the denial of the project and direct staff to return with findings of denial at the next available Planning Commission Meeting. The motion was seconded by Commissioner Tankha. MOTION CARRIED 3-2. AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Tankha NOES: Commissioner Basiji, Chair Partridge Approved August 2, 2018 12 Regular Planning Commission Meeting June 7, 2018 ABSENT: None ABSTAIN: None Commissioner Mandle stated that the reasons for denial included that the site is not adequate in size or shape for the proposed intensity of development, the subject lot is much smaller than other lots in the neighborhood and the proposed development will not be harmonious with the neighborhood, none of the other homes in the neighborhood have a 15-foot setback for the entire length of the home, and the degree and quality of the variances are not consistent with the neighborhood. Staff discussed a special meeting date. 4. OLD BUSINESS 4.1 May 22, 2018 Subdivision Committee Director Avila spoke about the subdivision meeting that occurred on May 22, 2018 5. NEW BUSINESS – None Director Avila reported on the July 5 meeting and received clarification that the meeting date will not be changed. 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for May 17 - Commissioner Mandle Commissioner Mandle reported on the May 17 City Council meeting.. 6.2 Planning Commission Representative for June 21 - Commissioner Basiji 6.3 Planning Commission Representative for July 19 - Commissioner Couperus 7. APPROVAL OF MINUTES 7.1 Approval of May 3, 2018 minutes MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the May 3, 2018 minutes. The motion was seconded by Commissioner Mandle. MOTION CARRIED 5-0. Approved August 2, 2018 13 Regular Planning Commission Meeting June 7, 2018 AYES: Commissioner Basiji, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Chair Partridge NOES: None ABSENT: None ABSTAIN: None 7.2 Approval of May 10, 2018 minutes MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the May 10, 2018 minutes as corrected. 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 - MAY 8, 15, & 19 8.1 LANDS OF SABSOVICH; 25541 Fremont Road: File #77-18-ZP-SD; A request for a Site Development Permit for a landscape screening plan associated with a minor addition to an existing residence which was approved at the March 10, 2016 Planning Commission hearing. CEQA review: Categorical Exemption per Section 15304 (b) - new landscaping; (Staff-Steve Padovan). 8.2 LANDS OF KONDEKAR; 27881 Baker Lane: File #206-16-ZP-SD; A request for a Site Development Permit for a 998 square foot secondary dwelling unit and attached 554 square foot garage and laundry room (Maximum height 16'1"). CEQA review: Categorical Exemption per Section 15303(a) (Staff-Steve Padovan). 8.3 LANDS OF FLIERL; 12121 Foothill Lane; File #32-18-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-Steve Padovan). 8.4 LANDS OF RAYA; 28550 Matadero Creek Lane: File #320-17-ZP-SD; A request Approved August 2, 2018 14 Regular Planning Commission Meeting June 7, 2018 for a Site Development Permit for a 999 square foot secondary dwelling unit and detached 462 square foot garage (Maximum height 16'10"). CEQA review: Categorical Exemption per Section 15303(a) (Staff-Steve Padovan). 9. REPORTS FROM FAST TRACK MEETINGS - MAY 8, 15, & 29 9.1 LANDS OF GU; 13661 La Paloma Road; File #374-17-ZP-SD-GD; A request for a Site Development Permit for a new 4,890 square-foot two-story residence with a 2,304 square-foot basement (Maximum height 27') and pool. CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone (Staff-Steve Padovan). 9.2 LANDS OF NIU; 14510 Manuella Road; File #42-18-ZP-SD-GD; A request for a Site Development Permit for a new 4,371 square-foot two-story residence (Maximum height 27') and pool. CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone (Staff-Steve Padovan). 9.3 LANDS OF KLEIDON AND LI; 25380 Beck y Lane; File #59-18-ZP-SD-GD; A request for a Site Development Permit for a new 5,572 square foot, two-story residence (Maximum height 27') including a 657 square foot attached garage, with a 1,742 square foot basement. The existing swimming pool and cabana will be retained. CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone district (Staff- Steve Padovan). 10. ADJOURNMENT The meeting adjourned at 11:46 P.M. Respectfully Submitted, Cody Einfalt Planning Technician The minutes of the June 7, 2018 Regular Planning Commission Meeting were approved as corrected at the August 2, 2018 Regular Planning Commission Meeting.