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HomeMy WebLinkAbout01/15/2009Minutes of a Regular Meeting Approved 02/05/2009 16r Town of Los Altos Hills PLANNING COMMISSION THURSDAY, January 15, 2009,7:00 p.m. Council Chambers, 26379 Fremont Road ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Harpootlian, Commissioners Cottrell, Collins (arrived at 7:20 p.m.), Clow and Abraham Staff: Debbie Pedro, Planning Director; David Keyon, Associate Planner; Nicole Horvitz, Assistant Planner; Cynthia Richardson, Consultant Planner and Victoria Ortland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none PUBLIC HEARINGS 3.1 LANDS OF VENKATESH, 24388 Amigos Court, File #127-08-ZP-SD; A request for a Site Development Permit for a new 1,440 square foot barn, a 3,640 square foot riding arena, a new driveway access from Summerhill Avenue and a 1,600 square foot swimming pool and patio area. CEQA Review: Categorical Exemption per Section 15303(e) (Staff -Cynthia Richardson). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow and Cottrell had visited the site. Commissioner Abraham and Chairman Harpootlian had visited the site and had met with the applicant. Cynthia Richardson, Consultant Planner, presented the staff report for the proposed barn, riding arena, new driveway access, swimming pool and patio. The project site is bordered on three sides by Amigos Court, Summerhill Avenue and Casa Mia Way. The application was before the Planning Commission because the proposed circular driveway (to serve the barn area) would be in addition to the existing circular driveway. The Town engineer had reviewed and approved the driveway slope. Pacific Gas and Electric had requested that two bollards be installed new the support wires of the power pole on Summerhill Avenue. Chairman Harpoothan asked about water detention plans for the property. Lauren Del Sarto, representative for the applicant, said that drainage was addressed early in the project and a detention basin planned. Consideration had been given to the environmental aspect of the project with limited grading and just one tree proposed for removal. The barn is to be a Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 2 beautiful wooden building and not a metal bam. A landscape architect will prepare the landscape screening plan for the site. A detailed manure management and fly control plan has been developed. The applicant had worked with Town staff on the driveway design and the traffic study to create a safe driveway with easy access. Santa Clara County and PG&E had been contacted regarding encroachment permits and protection of the power pole. OPENED PUBLIC HEARING Gene Su, Amigos Court, expressed concern over the control of the possible odor that may be generated by the new bam. Nancy Grippe, Amigos Court, felt a unique situation existed in the neighborhood with the way sound travels. She had concerns about the impact of the noise level from activity around the new bam. Sandra Humphries, Environmental Design and Protection Committee, requested consideration of native plantings on the bank of the drainage swale between it and the arena and bam area to help filter any runoff. CLOSED PUBLIC HEARING Lauren Del Santo explained that odors from horse facilities are caused by poor maintenance practices. The Venkatesh's paddock and bam will be cleaned once or twice daily and any manure in the arena will be removed immediately. A covered bin to contain the waste will be hauled off site weekly. These measures would help minimize any odor from the horses. To help filter mnoff, five large redwood trees located between the arena and the drainage swale will be maintained. A drainage system for the arena and retaining walls will capture water and direct it to the retention basin. The outlet with a dissipater for the system is located 15 feet from the drainage swale. Debbie Pedro said that if the neighbors feel that the bam was not being managed in a safe manner, they could make a report to the Santa Clara County Environmental Health Department or call the public safety officer at Town Hall. Commissioner Clow thought the plan was beautiful, well thought through and will be a wonderful facility. The concerns of the neighbors about flies, odor and noise are valid. Implementation of the manure management and fly control plan will control smell and insects. He felt the applicants will be good neighbors and keep the noise down. He recommended approval of the application. Commissioner Abraham felt the applicant and architect had done a good job on the project. The plan was a wonderful example of how people should keep horses in Los Altos Hills. He especially appreciated the fly and manure control plan. The driveway off Summerhill makes sense to service the barn area. He supported the project. Commissioner Cottrell congratulated the applicant on the amount of detailed preparation completed for the project. He supported the application. Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 3 Commissioner Collins said that one of the primary goals of the Town's General Plan is to maintain the rural character of Los Altos Hills. Horse ownership was important at the foundation of the Town and supporting equestrian activity remains important. She supported the application. Chairman Harpootlian supported the project. He felt that noise does travel throughout neighborhoods and if excessive noise becomes an issue, neighbors can work with the Town to solve the problem. The applicant had done a good job on the driveway and access should not be a problem. The landscape screening plan can address the native plantings by the swale mentioned by the Environmental Design and Protection Committee. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Clow and seconded by Commissioner Abraham to approve the site development permit subject to the recommended conditions of approval. This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the City Council. 3.2 LANDS OF HOMA NATOMA, LLC, 27270 Natoma Road, File #218 -08 -IS -ND - TM -GD; A request for a two lot subdivision of an existing 7.997 (net) acre parcel. (( The property is zoned R -A (Residential -Agricultural) and is located at 27270 Natoma Road, CEQA Review: Mitigated Negative Declaration (Staff -Cynthia Richardson). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Abraham and Chairman Harpootlian had attended the Subdivision Committee meeting held on November 4, 2008. Commissioner Cottrell had visited the site. Cynthia Richardson, Consultant Planner, presented the staff report for the mitigated negative declaration and two -lot subdivision. The 7.9 acre property on Natoma Road would be divided into two lots with access via a public street named Palomino Place. Three heritage oaks trees and five smaller oaks are proposed to be removed. The heritage oaks will be replaced with six 36" box oaks and the smaller oaks will be replaced with 10 five gallon size native trees. All the trees will be planted along Palomino Place. An open space easement was created to protect the existing mature oak trees and the swale on the property. No pathways are proposed for the project. James Parivash, agent for the applicant, stated that the replacement trees must be installed before the subdivision can receive the final from the Town. OPENED PUBLIC HEARING Greg McCandless, Almaden Court, inquired if cable and sewer would be available for connection on Almaden Court. Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 4 Debbie Pedro replied that sewer would come up Natoma Road and tum right onto Palomino Place and end at the cul-de-sac. Gary Chang, Carrington Circle, said the existing bam on the site is noisy when the wind blows. He asked where the sewer line for the project would be located. Sandra Humphries, Environmental Design and Protection Committee, asked if the road construction and the removal of the oak trees was subject to change. Debbie Pedro said that the road would be a public road as it would serve three lots and would need to be completed by the final map approval. CLOSED PUBLIC HEARING James Parivash confirmed that the sewer line would stop at the end of Palomino Place. The tree removal was necessary because of the Town's width requirement for the new road. CLOSED PUBLIC HEARING Commissioners Abraham, Clow and Cottrell supported approval of the project. Commissioner Collins wanted the applicant to make clear to the neighbors if there was a possibility to connect to the sewer or not. She supported the project. Chairman Harpootlian supported approval of the project. He wanted a deposit to insure the health of the new oak trees. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Clow to forward a recommendation to the City Council that based on the initial study, to adopt the mitigated negative declaration and mitigation monitoring program and approve the tentative map based on the findings and subject to the conditions of approval. This item will be forwarded to a future meeting of the City Council. 3.3 LANDS OF HANAFI, 13571 Hill Way, File #217-08-ZP-CDP-VAR; A request for a Conditional Development Permit for a new 4,259 square foot, two-story residence with a basement and a variance to allow surface parking to encroach up to 20 feet within the northern side setback. CEQA Review: Categorical Exemption per Section 15303(a) (Staff -David Keyon). Planning Commission Ex Parte Contacts Policy Disclosure: �. Commissioner Clow and Cottrell had visited the site. Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 5 David Keyon, Associate Planner, presented the staff report for a new residence on the 0.43 acre lot. Two parking spaces are proposed in the north side yard setback. An existing legal non- conforming five foot tall masonry wall on Hill Way will remain with minor changes at the entry gate. The variances for encroachment into the setbacks include: four feet for roof eaves on the northern side, two feet for roof eaves on the southern side and two and a half feet for a trellis over the entry court into the front setback. Three landscape lights along the entry path are requested in the setback in addition to the two allowed by code. Commissioner Abraham had concerns about the construction operations plan adequately addressing traffic and parking because Hill Way is a narrow street. Commissioner Collins confirmed that all trees would remain on the site. Ammar Hanafi, applicant, explained that his family had lived in Los Altos Hills for ten years and knew his neighbors well. He was glad for the opportunity to begin the project for their new home. Bob Swart, architect, said that the site location for the new residence had been planned with the preservation of the two existing large trees in mind. The requested variance for the two parking spaces in the north setback was necessary because of the size of the lot. Roof eaves and the trellis are proposed to overhang into the setback. Three landscape lights are planned in the front 4 setback for the driveway and walkway, and a light in the south side setback for a small patio. OPENED PUBLIC HEARING Ginger Summit, Lennox Way, expressed concern about construction parking and the possibility of the obstruction of adjoining streets, especially Burke Road. CLOSED PUBLIC HEARING Ammar Hanafi said that they would work with the contractor to develop a construction operation plan to minimize disruption to the neighborhood. Commissioner Clow asked about the possibility of temporarily removing the masonry wall during construction to facilitate parking. Faiza Hanafi, applicant, replied that adjoining the wall is a row of mature trees that they would like to preserve. In order to mitigate impact on the neighbors, careful consideration had been given to the choice of a conscientious contractor. She stated that they are committed to remain available to hear any neighbor concerns that arise and will resolve all issues in the best way possible. Commissioner Collins asked if a solar energy system had been considered for the new home. Ammar Hanafi replied that they would like to make the house as "green" as possible including installation of solar panels. Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 6 Bob Swart explained that his company was well informed about "greed' construction. The engineering specifications will feature a home with a healthy building interior and will be as energy efficient and sustainable. Discussion ensued regarding water conservation for the landscaping, deconstruction of the existing house and the advantages of a photovoltaic system. Commissioner Clow was impressed with the plan and the amount of neighbor support for the project. He supported the application. Commissioner Abraham said the applicants had done a fine job in reducing the existing nonconforming state of the site. He suggested that the construction operation plan be reviewed by the Planning Director to insure that the streets will remain open during construction. Commissioner Collins and Cottrell supported the project as submitted. Chairman Harpootlian was very impressed with the project. Debbie Pedro recommended that a preconstruction meeting be held with the general contractor before the building permit is issued to review the construction operation plan. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Clow and seconded by Commissioner Cottrell to approve the site development permit subject to the recommended conditions of approval. This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the City Council. 3.4 Amendment to the Site Development Ordinance to adopt a ministerial review process for secondary dwelling units (Section 10-2.301) in accordance with Government Code Section 65852.2 (second -unit law) (Staff -Nicole Horvitz). Nicole Horvitz, Assistant Planner, presented the staff report explaining the amendment to the Municipal Code that would allow second unit applications to be reviewed administratively per California State law. Chairman Harpootlian felt the text in other sections of Article 3. (Permits Required), should be written in a way that was easier to understand. Debbie Pedro suggested that as a separate project, staff could revisit the language in Article 3 of the Site Development Ordinance for future review by the Planning Commission. OPENED PUBLIC HEARING k CLOSED PUBLIC HEARING Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 7 MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Clow to recommend to the City Council to approve the proposed amendment. The recommendation is made for staff to review and present improved language for Article 3 of the Site Development Ordinance. This item will be forwarded to a future meeting of the City Council. 4. OLD BUSINESS -none 5. NEW BUSINESS 5.1 2009 PLANNERS INSTITUTE AND MINI EXPO, MARCH 25-27,2009 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for December I I" — Commissioner Harp000tlain 6.2 Planning Commission Representative for January 8`" — Commissioner Clow 6.3 Planning Commission Representative for January 22nd— Commissioner Cottrell 7. APPROVAL OF MINUTES 7.1 Approval of December 4, 2008 minutes Staff recommended the amendment to page three, paragraph one to read: Mark Barchas, Elena Road, felt that his trees near the property line that have canopies overhanging the applicant's property must have their roots protected at the drip line with tree fencing. He was in favor of moving the trenches to prevent damage to the tree's root systems. To preserve the mature trees near the property line, he proposed a fence line that was at the current fence location (one and a half feet inside the Askarinam property) and a new 75 foot fence constructed at that same location from the redwood trees down to the cherry tree. In exchange, Mr. Barchas would start a new fence east of the existing property line fence that would be a foot and a half onto his property to equal the same square footage and length as the fence on Mr. Askarinam's property. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Cottrell and seconded by Commissioner Clow to approve the December 4, 2008 minutes as amended. AYES: Commissioners Collins, Cottrell, Clow, Abraham and Chairman Harpootlian NOES: none REPORTS FROM FAST TRACK MEETING - none Planning Commission Minutes Approved 02/05/2009 January 15, 2009 Page 8 k 9. REPORT FROM SITE DEVELOPMENT MEETING — DECEMBER 9 2008 AND JANUARY 13, 2009 9.1 LANDS OF SINHA, 13105 Delson Court; File 991-08-ZP-SD; A request for a Site Development Permit for a 780 square foot first floor addition, 197 square foot second floor addition and a 560 square foot swimming pool. CEQA Review: Categorical Exemption per Section 15303 (a) and (e) (Staff -Nicole Horvitz) (Approved with conditions). 9.2 LANDS OF ASKARINAM, 26900 St. Francis Road; File 9283-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 4,999 square foot two story new residence approved on April 17, 2007. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 10. ADJOURNMENT The meeting was adjourned by consensus at 9:02 p.m. Respectfully submitted, Victoria Ortland Planning Secretary