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.
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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.
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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.
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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.
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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
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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