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Home My WebLink About12/01/2022Approved December 12, 2022 Town of Los Altos Hills Planning Commission Regular Meeting December 1, 2022 Minutes Zoom Meeting, Los Altos Hills, California 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Via teleconference according to the Government Code Section 54953(e), Chair Waschura called the December 1, 2022 Planning Commission Regular meeting to order at 6:00 p.m. Present: Commissioner Couperus, Commissioner Indaco, Chair Waschura Absent: Commissioner Patel, Vice-Chair Bredo Staff: Planning Director Mangalam, Senior Planner Ling, Associate Planner Loh, Administrative Clerk/Technician Brunner 2. PRESENTATIONS FROM THE FLOOR Chair Waschura opened PRESENTATIONS FROM THE FLOOR. No presentations from the floor. Chair Waschura closed PRESENTATIONS FROM THE FLOOR. 3. CONSENT CALENDAR 3.1 Motion of the Planning Commission of the Town of Los Altos Hills to continue meeting virtually through teleconference meetings and making related findings pursuant to AB 361. 3.2 Approval of the November 3, 2022 Regular Meeting Minutes. MOTION MADE AND SECONDED: Commissioner Indaco moved to APPROVE the consent calendar. The motion was seconded by Chair Waschura. MOTION PASSED: 3-0-0-0-2 AYES: Commissioner Couperus, Commissioner Indaco, Chair Waschura NOES: None ABSTAIN: None RECUSE: None ABSENT: Commissioner Patel, Vice-Chair Bredo 4. PUBLIC HEARINGS Ex parte: Commissioner Indaco had communications with the applicant, Maliha, and Carol Gottlieb of the Environmental Design & Protection Committee (EDPC) on Item 4.4. Commissioner Couperus had communications with the applicant on Item 4.4. Chair Waschura had communications with the applicant on Item 4.4. Vice-Chair Bredo and Commissioner Patel were not present to disclose ex parte. 2 Planning Commission Meeting December 1, 2022 Minutes 4.1 2350 Old Page Mill Road – File #CUP22-0005 – Lands of California Department of Transportation A request for a 10-year renewal of the Conditional Use Permit for an existing wireless telecommunications facility with no proposed changes to equipment or structures. CEQA Review: Categorical Exemption per Section 15301(b) Project Planner: Jeremy Loh Associate Planner Loh presented the staff report. Planning Director Mangalam clarified the Commission’s action could be to approve the renewal rather than forward a recommendation for Council approval as the application was submitted prior to the Conditional Use Permit expiring A brief question-and-answer session between the Commissioners and staff ensued. Chair Waschura opened the PUBLIC HEARING. The applicant, Sydney Sigmund, offered comments in support of the project. Jacob Hamilton, also an agent of the applicant and supervisor to Sydney Sigmund, was available to offer comments in support of the project. Public Comment No public comment. Chair Waschura closed the PUBLIC HEARING. Commission Discussion A brief commission discussion ensued. MOTION MADE AND SECONDED: Chair Waschura moved to adopt a resolution (Attachment 1) making a categorical exemption determination under CEQA and GRANT a request for a 10-year renewal of the Conditional Use Permit for an existing wireless telecommunications facility with no changes to equipment or structures, subject to the conditions of approval in Attachment 1. The motion was seconded by Commissioner Couperus. MOTION PASSED: 3-0-0-0-2 AYES: Commissioner Couperus, Commissioner Indaco, Chair Waschura NOES: None ABSTAIN: None RECUSE: None ABSENT: Commissioner Patel, Vice-Chair Bredo 4.2 27400 Purissima Road – File #CUP22-0001 – Lands of Town of Los Altos Hills A request for a 10-year renewal of the Conditional Use Permit for an existing wireless telecommunications facility with minor changes to equipment and no proposed changes to the structure. CEQA Review: Categorical Exemption per Section 15301(b) Project Planner: Jeremy Loh Associate Planner Loh presented the staff report. 3 Planning Commission Meeting December 1, 2022 Minutes Chair Waschura asked staff clarifying questions regarding this application and staff provided responses. Chair Waschura opened the PUBLIC HEARING. Kathryn Leal, representing the applicant, AT&T, offered clarifying comments regarding the application request. Chair Waschura asked staff about the confusion regarding the posted plans and staff responded. Public Comment No public comments. Chair Waschura closed the PUBLIC HEARING. Commission Discussion No Commission discussion; however, Commissioner Indaco indicated her comments on Item 4.1 were relevant to this project. MOTION MADE AND SECONDED: Chair Waschura moved to adopt a resolution (Attachment 1) making a categorical exemption determination under CEQA and GRANT a request for a 10-year renewal of the Conditional Use Permit for an existing wireless telecommunications facility, subject to the conditions of approval in Attachment 1. The motion was seconded by Commissioner Indaco. MOTION PASSED: 3-0-0-0-2 AYES: Commissioner Couperus, Commissioner Indaco, Chair Waschura NOES: None ABSTAIN: None RECUSE: None ABSENT: Commissioner Patel, Vice-Chair Bredo 4.3 25788 Bassett Lane – File #SD22-0038– Lands of Nex Capital Development LLC A request for landscape screening for an approved new residence. CEQA Review: Categorical Exemption per Section 15304(b) Project Planner: Jeremy Loh Associate Planner Loh presented the staff report. A question-and-answer session between the Commissioners and staff ensued. Chair Waschura opened the PUBLIC HEARING. The applicant, Santo Purnama, introduced himself and invited his landscape architect, Damir Hurdich to speak on the project. Damir Hurdich, landscape architect, shared a presentation and offered clarifying comments on the project. A question-and-answer session between the Commissioners and applicants ensued. Public Comment Vijay Chawla, representing the EDPC, shared a presentation and offered comments. Carol Gottlieb, representing the EDPC, offered comments regarding the planting details. 4 Planning Commission Meeting December 1, 2022 Minutes Kit Gordon, representing the Open Space Committee (OSC), offered comments in support of the planting plan and voiced concerns over planting in or near the swale. Chair Waschura directed a question to staff and staff responded. Pete Richardson, an uphill neighbor to the applicant, posed a question and offered comments. The applicants offered rebuttal comments, addressing the comments and questions posed by the public. A question-and-answer session between the Commissioners and applicants ensued. Chair Waschura closed the PUBLIC HEARING. Commission Discussion Commissioner Indaco shared a presentation and offered comments. Commissioner Couperus offered comments regarding the swale discussion that occurred at the time of the planning hearing for the new residence. Chair Waschura offered comments in favor of the proposed planting plan. MOTION MADE AND SECONDED: Commissioner Indaco moved to adopt a resolution (Attachment 1) making a categorical exemption determination under CEQA and APPROVE the Site Development Permit, subject to the attached conditions of approval in Attachment 1. The motion was seconded by Chair Waschura. MOTION PASSED: 3-0-0-0-2 AYES: Commissioner Indaco, Commissioner Couperus, Chair Waschura NOES: None ABSTAIN: None RECUSE: None ABSENT: Commissioner Patel, Vice-Chair Bredo 4.4 25600 Frampton Court – File #SD22-0060 – Lands of Cheema and Agloria Site Development Permit for a swimming pool, spa, and equipment adjacent to natural watercourses. CEQA Review: Categorical Exemption per Section 15303(e) Project Planner: Elaine Ling Senior Planner Ling presented the staff report. Chair Waschura asked staff a question regarding the review of the soils report and staff responded. The applicant, Maliha Agloria, introduced herself and family and offered comments regarding the proposed project. Gordon, the applicant’s designer, provided clarifying comments. A question-and-answer session between the Commissioners, the applicants, and staff regarding the soils reports ensued. Chair Waschura opened the PUBLIC HEARING. 5 Planning Commission Meeting December 1, 2022 Minutes Public Comment Kit Gordon, a member of the OSC, asked a question regarding relocating the pool to another area of the property and offered comments. She also stated the alluvial soil identified in a previous geotechnical report indicated a creek onsite. Carol Gottlieb, a member of the EDPC, offered comments regarding locating the top of the bank for the creek. She also recommended removing the spikes on an existing, permitted fence. Chair Waschura asked staff a question about relocating the pool on the property and staff responded using a visual aid. Chair Waschura asked staff another question regarding the actual location of the water course and staff responded that the civil engineer who prepared the survey stated the storm drain and conservation easement was inaccessible and provided a photo of the vegetation at the time of the survey. Commissioner Indaco offered comments regarding the creek location. The applicant, Maliha, offered rebuttal comments to the Commissioners and the public. Gordon also offered rebuttal comments regarding siting the pool on the property. Chair Waschura closed the PUBLIC HEARING. Commission Discussion Commissioner Couperus shared a presentation and offered comments regarding the origins of the “creek” on the property. Commissioner Indaco shared a presentation and offered comments regarding creek location, top of bank, fencing and wildlife habitats. Chair Waschura noted he agreed with Commissioner Couperus’ comments regarding the “creek” origins and with Commissioner Indaco’s fence comments. He also thanked the volunteer committees for their time on this and other projects. Chair Waschura also noted this item may need to be continued until a larger Commission quorum can be assembled if the present Commissioners do not unanimously agree on a motion. A question-and-answer session between the Commissioners and staff ensued regarding the designation of the “creek” as a swale for storm drain easement and the relevant setbacks required. The meeting recessed at 8:48PM to consult the City Attorney regarding voting with a minimum quorum. The meeting reconvened at 8:53PM. Planning Director Mangalam noted the City Attorney determined that a 2 yea to 1 nay vote with a quorum of 3 out of 5 Commissioners in attendance would carry a motion. Commissioner Indaco asked staff if the Conditions of Approval requested the removal of the spikes on the fence and staff indicated that it did not. MOTION MADE AND SECONDED: Commissioner Couperus moved to adopt a resolution (Attachment 1) to make Categorical Exemption under CEQA pursuant to Section 15303(e) and APPROVE the Site Development Permit, subject to the listed conditions of approval and to include the removal of the spikes on the fence. The motion was seconded by Chair Waschura. 6 Planning Commission Meeting December 1, 2022 Minutes MOTION PASSED: 2-1-0-0-2 AYES: Commissioner Couperus, Chair Waschura NOES: Commissioner Indaco ABSTAIN: None RECUSE: None ABSENT: Commissioner Patel, Vice-Chair Bredo 5. REPORTS FROM THE COMMISSIONERS 5.1 Past Meeting • November 17, 2022 (unconfirmed) – Commissioner Indaco Commissioner Indaco provided a summary of the past City Council meeting. Planning Director Mangalam provided clarifying comments regarding the Santa Clara County requirements for fire apparatus access roads for Accessory Dwelling Units (ADU’s). 5.2 Upcoming Meeting Assignments • December 15, 2022 (unconfirmed) – Commissioner Patel (swapped meeting) • January 24, 2023 – Vice-Chair Bredo (swapped meeting) Chair Waschura confirmed upcoming meeting assignments and asked Director Mangalam about future City Council meetings. 6. REPORT ON PAST FAST TRACK/SITE DEVELOPMENT MEETINGS 6.1 NOVEMBER 8, 2022 26724 Palo Hills Drive – File #SD22-0044 – Lands of Wen Development Permit for landscape screening, fencing and columns for an approved new residence. APPROVED 6.2 OCTOBER 18, 2022 27474 Sunrise Farm Road – File #SD22-0043 – Lands of Ziegler Site Development Permit for landscape screening for an approved new residence. APPROVED 26481 Purissima Road – File #SD22-0059 – Lands of DCV Enterprise Partners LLC Site Development Permit for a new 3,496 square-foot sport court, 6,250 square-foot artificial turf field, hardscape improvements, and retaining walls. APPROVED 6.3 NOVEMBER 22, 2022 CANCELLED 6.4 NOVEMBER 29, 2022 CANCELLED Planning Director Mangalam provided highlights on past Site Development/Fast Track hearings. Chair Waschura asked a question regarding fully utilizing the MDA and MFA for building new residences without an ADU and the planning approval process. A question-and-answer session between the Commissioners and Planning Director Mangalam ensued. 7. PLANNING DIRECTOR REPORT Planning Director Mangalam noted that on December 12, 2022, the Planning Commission will have a Special meeting where a Study Session on the State Bill 9 (SB9) will be discussed as well as one other item for a public hearing. She noted public notices would be circulated on Friday, December 2, 2022. 7 Planning Commission Meeting December 1, 2022 Minutes Commissioner Indaco asked about the ad hoc committee for SB9 that was created and requested an update. Chair Waschura noted that there were several meetings and ideas around a philosophy were being developed. 8. ADJOURNMENT Meeting was adjourned at 9:15PM by Chair Waschura. Respectfully submitted, Keren Brunner Planning Technician