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Home My WebLink About03/05/2009Minutes of a Regular Meeting Approved 04/02/2009 k' Town of Los Altos Hills PLANNING COMMISSION THURSDAY, MARCH 5, 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 Harpoothan, Commissioners Collins, Abraham and Clow (arrived at 7:08) Absent: Commissioner Cottrell Staff: Debbie Pedro, Planning Director; David Keyon, Associate Planner; Nicole Horvitz, Assistant Planner and Victoria Ortland, Planning Secretary MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Abraham and seconded by Commissioner Collins to limit comment time to three minutes for the public and fifteen minutes for the applicant during Public Hearings. PRESENTATIONS FROM THE FLOOR - none PUBLIC HEARINGS 3.1 LANDS OF LIN, 26326 Esperanza Drive, File #60-07-ZP-SD-GD; A request for a Site Development Permit for a new 5,350 square foot two story residence with a 2,003 square foot basement and a 680 square foot swimming pool. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) (Staff -Nicole Horvitz). Planning Commission Ex Parte Contacts Policy Disclosure: None Nicole Horvitz, Assistant Planner, presented the staff report for the new two story residence with basement, driveway bridge and new swimming pool. Bill Maston, architect, said that siting the new residence to the original contours of the lot created a house with a one story appearance. The house is stepped down the hill to reduce the mass of the structure. OPENED PUBLIC HEARING Alan Kim, Esperanza Drive, had concerns about the proximity of the new residence to his home. He requested consideration of a slight relocation of the house on the site to maintain privacy and improve property values. L Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 2 Sandy Humphries, Environmental Design and Protection Committee, commented that the use of copper for the gutters and downspouts on the new house may contribute to water pollution. Bill Maston stated that a material other than copper could be used for the gutters and downspouts. He felt landscape screening would mitigate the view between the houses. CLOSED PUBLIC HEARING Commissioners Collins, Abraham, Clow and Chairman Harpoothan supported the project as proposed. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Abraham and seconded by Commissioner Clow to approve the site development permit subject to the conditions of approval in attachment one. AYES: Commissioners Collins, Clow, Abraham and Chairman Harpootlian NOES: None ABSENT: Commissioner Cottrell 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 KAHNG, 26750 Robleda Court, File #247-08-ZP-SD-GD; A request for a Site Development Permit for a new 5,156 square foot two story residence with a 3,623 square foot basement, a 746 square foot swimming pool and a 442 square foot cabana. The applicant is also requesting grading policy exceptions for the cabana, the driveway, the backup area adjacent to the basement garage and portions of the side and rear yards. CEQA Review: Categorical Exemption per Section 15303 (a) and (e) (Staff -Nicole Horvitz). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow had met with the applicant; Commissioners Collins and Abraham had met with the applicant and designer; and Chairman Harpoottian had met with the applicant, designer and a neighbor. Nicole Horvitz, Assistant Planner, presented the staff report for the proposed two story residence, cabana and swimming pool. Grading policy exceptions are requested for the back-up area and driveway adjacent to the basement garage, the cabana, the pool area and rear and side yard areas. Seven neighbors had submitted letters of support. Scott Stotler, designer, explained the scope of the project and the reasons for requesting the grading exceptions. Chairman Harpoothan asked about the route of storm water runoff down the lot. Jeff Lea, the applicant's engineer, explained that the proposed drainage system was designed to accommodate storm water. Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 3 Discussion ensued regarding the requested grading exceptions for the cabana, swimming pool and yard areas. OPENED PUBLIC HEARING David Hanttula, Robleda Court, spoke in favor of the project and stated that in the 30 years he has lived on the street, no serious problems have arisen from storm water runoff from the lot. Jolon Wagner, Robleda Court, supported the project. She suggested that any additional trees should be limited near the culvert. Debris from the existing trees clog the grate and cause storm water to back up onto the street. She had concerns over construction damage to the street and parked vehicles blocking the pathways. Marilyn DeGrasse, Robleda Court, also supported the project and the grading exceptions for the backyard. Sandy Humphries, Environmental Design and Protection Committee, said that locating driveways near the property line on two sides of the lot would restrict wildlife passageways, reduce the greenbelts and encourage the construction of privacy fences. She stated that willow trees create good screening along drainage areas. CLOSED PUBLIC HEARING Commissioner Clow appreciated the applicant's effort to communicate with the neighbors. He felt the positioning of the house was influenced by the wedge shape of the lot and supported the project as presented. Commissioner Collins did not support the grading exception for the pool and backyard area because an alternate design could have prevented a hardship. Commissioner Abraham felt drainage flow on the site would be improved with the new drainage system. He supported the project as submitted. Chairman Harpootlian liked the project but could not support the requested ten foot cut grading exception in the backyard. Commissioner Clow suggested eliminating the retaining wall behind the cabana to minimize the requested grading. MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Clow and seconded by Commissioner Abraham to approve the site development permit including the grading exception for the yard area behind the pool but excluding the grading exception for the walls behind the cabana. AYES: Commissioners Clow, Collins, Abraham and Chairman Harpootlian NOES: None ABSENT: Commissioner Cottrell Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 4 MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Clow and seconded by Commissioner Abraham to approve the grading exception for the six foot high retaining wall for the lawn area in the southwest comer. AYES: Commissioners Clow, Abraham and Chairman Harpootlian NOES: Commissioner Collins ABSENT: Commissioner Cottrell This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the City Council. 3.3 LANDS OF LIU, 27755 Edgerton Road (proposed address change to 27300 Ursula Lane), File #166-08-ZP-SD-GD; A request for a Site Development Permit for a new two-story residence and the removal of six (6) heritage oak trees. The applicant is also requesting a grading policy exception for the driveway and fire truck turnaround. CEQA Review: Categorical Exemption per Section 15303(a) (Staff -David Keyon). (CONTINUED FROM THE FEBRUARY 5, 2009 PLANNING COMMISSION HEARING). Planning Commission Ex Parte Contacts Policy Disclosure: Chairman Harpootlian had spoken with a neighbor. David Keyon, Associate Planner, presented the staff report and stated that the house had been redesigned and relocated to preserve heritage oak tree number 35 and to reduce the number of grading policy exceptions. Tim McKeegan, applicant, explained that in the revised plans, the house has been relocated 14 feet down the hill, the height of the master bedroom has been reduced by three feet and two bedrooms were moved from the second story to the first story. The new design required no grading exception for the house and the grading exception requested for the driveway was only to satisfy the fire department's requirement for a fire track turnaround. Kevin Kielty, certified arborist, stated that with the change in the design for the property, the tree cluster numbered as trees 34, 35 and 36 will be preserved. Oak tree number one on Ursula Lane, which is close to the construction route, will be protected by wood chips with plywood or steel plates on top to help reduce soil compaction from vehicle traffic. Commissioner Collins asked how often during the construction period would an arborist normally be present at a site to monitor the condition of the trees. Kevin Kielty explained that requirements vary among municipalities. A reasonable schedule for this project would include a documented preconstmction meeting with the contractor before any excavation is done, an arborist's attendance onsite whenever excavation (including septic `, system) within the root zone (drip line) of the tree occurs and monthly onsite inspections to monitor the trees. Planning Commission Minutes March 5, 2009 Page 5 OPENED PUBLIC HEARING Approved 04/02/2009 Felix Lee, Ursula Lane, had concerns about building such a large home on the steep lot and the removal of the heritage oak trees. Lennart Olsson, Ursula Lane, said he had discussed the revised plan with two tree experts who both felt that tree number 35 would not survive construction of the new home. Eileen Birnbaum, Edgerton Road, read a letter written by her husband Joel, expressing concern over the size of the new residence proposed for the steep site. The development on the lot could increase the amount of storm water mnoff and cause problems for their property. Nick Dunckel, Pathways Committee, suggested that steps or another option (approved by the Engineering Department), be considered for safety reasons on the very steep sections of the new pathway. Kimberly Lee, Ursula Lane, requested that the landscape screening plans and landscape deposit be submitted and approved by the Planning Commission before approval of the new residence. She asked that the trees along Ursula Lane and on her property be protected from injury during construction activities and that the road remain passable. Any impact to Matadero Creek and storm water runoff should be taken into consideration. Tim McKeegan, applicant, stated that he was willing to make changes to the pathway. Mark Helton, civil engineer, said that drainage system for the property had been designed with input from the Town engineering staff and storm runoff would not flow directly into Matadero Creek. CLOSED PUBLIC HEARING Commissioner Clow supported the project with an additional condition of approval requiring an arborist to submit a report prior to any excavation, be onsite during excavation and submit monthly reports while digging is underway. The tree located on the Lee's property that would be affected by construction traffic, should be treated in the same way. Commissioner Abraham supported the project with the addition of the recommendations in the arborist's report to require an arborist to be onsite whenever any excavation or trenching is done within the drip line of the trees. Commissioner Collins supported the project with the inclusion of a tree preservation program requiring an arborist to be present during and document a preconstruction meeting, be present onsite whenever root zone excavation is conducted and monthly inspections completed. The landscape screening plan should be reviewed by the Planning Commission and consideration given to increasing the landscape deposit. Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 6 Chaiman Harpootlian felt that monthly inspections by an arborist, a documented preconstruction meeting with an arborist present and the arborist's recommended tree drip line excavation requirements were sufficient for an additional condition of approval. MOTION MADE, AMENDED, SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion made by Commissioner Clow and seconded by Commissioner Abraham to approve the site development permit with additional conditions of approval requiring an arborist's initial (preconstruction meeting) documentation, monthly site inspections and onsite attendance during any root zone or drip line excavation or trenching (including the tree on the Lee's property) and review of the landscape screening plan by the Planning Commission. Also, in the condition of approval regarding the pathway, the words "prior to acceptance of plans for building plan check" are to be removed. AYES: Commissioners Collins, Clow, Abraham and Chairman Harpootlian NOES: None ABSENT: Commissioner Cottrell This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the City Council. 3.4 PREZONING OF UNINCORPORATED LA LOMA DRIVE AREA, File # 135- 08-MISC; Prezoning of approximately 11 unincorporated parcels (12.79 acres) bounded by the Town of Los Altos Hills to the west, north, east, and to the south encompassing 25263, 25265, 25225, 25245, 25255, 25303, 25295, 25299, 25285, 25275 and 25274 La Loma Drive. (Staff -David Keyon). Planning Commission Ex Parte Contacts Policy Disclosure: Commissioner Clow had spoken with a neighbor. David Keyon, Associate Planner, explained the prezoning public hearing of the La Loma Drive area as a preliminary step in the potential future annexation of the unincorporated area. The area has been identified by the Local Agency Formation Commission (LAFCO) as an area within the urban services line and sphere of influence of Los Altos Hills. Eleven developed properties with residences are included in the proposed prezoning area. Debbie Pedro stated that a resident (Jayesh Shah) in the La Loma Drive area had requested to be annexed to the Town to connect to the sewer system and in order to be annexed, the area must be prezoned. OPENED PUBLIC HEARING Steve Devich, La Loma Drive, requested not to be either prezoned or annexed. He believed that his taxes would be higher as a resident of Los Altos Hills and his property would not conform to Town requirements. Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 7 Adam Rockwood, designer for Jayesh Shah (La Loma Drive), said that Santa Clara County had required that the Shah property be connected to sewer before site development could begin. The only option to connect to the sewer is through annexation. He asked that the Planning Commission recommend the prezoning of the La Loma Drive area or the prezoning of only 25274 La Loma Drive to the City Council. Jayesh Shah, La Loma Drive, said that a sewer line is on La Loma Drive and most of the homes on the street are connected. He is not connected and cannot connect unless his property is annexed to Los Altos Hills. Wayne Kelly, La Loma Drive, asked not to be annexed because he liked the status quo. Charlie Pack, La Loma Drive, was undecided whether he wanted to be either prezoned or annexed because he wanted more factual information on the advantages and disadvantages of belonging to Los Altos Hills. Susan Grinstead, La Loma Drive, felt that the neighbors were attending the prezoning public hearing because of the wording on the notice they had received. They did not want to lose any legal rights or the ability to bring up issues because they were not presented and reviewed at tonight's Planning Commission meeting. She thought Mr. Kelly's letter was an attempt to preserve their questions and issues for future discussion. CLOSED PUBLIC HEARING Commissioner Clow and Chairman Harpoothan stated their recommendation to the City Council was to prezone only 25274 La Loma Drive and not the other addresses in the La Loma Drive area. Commissioner Abraham suggested that if the City Council chooses not to prezone the La Loma Drive area, that an Out of Agency Service Agreement request be approved for 25274 La Loma Drive as an alternative. Commissioner Collins preferred to prezone only 25274 La Loma Drive and let the City Council decide if the entire area would be prezoned. MOTION SECONDED AND PASSED BY THE FOLLOWING VOICE VOTE: Motion made by Commissioner Clow and seconded by Commissioner Abraham to recommend to the City Council to prezone 25274 La Loma Drive only, or as an alternative, prezone none of the La Loma Drive area and provide the applicant with an Out of Agency Service Agreement. AYES: Commissioners Collins, Clow, Abraham and Chairman Harpootlian NOES: None ABSENT: Commissioner Cottrell 4. OLD BUSINESS - none NEW BUSINESS - none Planning Commission Minutes Approved 04/02/2009 March 5, 2009 Page 8 REPORTS FROM CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for February 12ih — Commissioner Abraham 6.2 Planning Commission Representative for February 26ih — Commissioner Harpootlian 6.3 Planning Commission Representative for March 12"— Commissioner Collins APPROVAL OF MINUTES 7.1 Approval of February 5, 2009 minutes. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Clow and seconded by Commissioner Abraham to approve the February 5, 2009 minutes with the following changes: On page four under `Planning Commission Ex Parte Contacts Policy Disclosure:" remove the phrase "and spoke to a neighbor." AYES: Commissioners Collins, Cottrell, Clow, Abraham and Chairman Harpootlian NOES: None ABSENT: Commissioner Cottrell 8. REPORTS FROM FAST TRACK MEETINGS — FEBRUARY 17, FEBRUARY 24 AND MARCH 3, 2009 8.1 LANDS OF MARCH, 13101 La Paloma Road, File #237-08-ZP-SD; A request for a Site Development Permit for a pool covered by a 1,253 square foot greenhouse, a 461 square foot second story addition to an existing workshop (Maximum height 24' 3") and a 100 square foot garden shed. CEQA Review: Categorical Exemption per Section 15303 (e) (Staff -David Keyon) (Approved with conditions). 8.2 LANDS OF FA & LEE, 28263 Christopher's Lane, File #111-07-ZP-SD-GP; A request for a Site Development Permit for a 1,949 square foot first and second story addition and 1,982 square foot basement (Maximum height 23'). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz) (Approved with conditions). 8.3 LANDS OF JAKATDAR, 13671 Old Altos Road, File #270-08-ZP-SD; A request for a Site Development Permit for a new 6,025 square foot two story residence with a 1,780 square foot basement (Maximum height 27') and a 180 square foot swimming pool. CEQA Review: Categorical Exemption per Section 15303 (a) and (e) (Staff -Nicole Horvitz) (Approved with conditions). 8.4 LANDS OF XU & ZHU, 24920 La Loma Court, File #246-08-ZP-SD-GD; A request for a Site Development Permit for a new 7,404 square foot two story residence (Maximum height 27') with a 2,851 square foot basement. CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz) (Approved with conditions). rm Planning Commission Minutes March 5, 2009 Page 9 Approved 04/02/2009 8.5 LANDS OF GUPTA, 26303 Alexander Place, File #300-08-ZP-SD-GD; A request for a Site Development Permit for a 6,785 square foot new residence with a 1,919 square foot basement (Maximum height 26'6") and a new swimming pool. CEQA Review: Categorical Exemption per Section 15303(a) (e) (Staff - David Keyon) (Approved with conditions). 9. REPORTS FROM SITE DEVELOPMENT MEETINGS — FEBRUARY 17 AND FEBRUARY 24, 2009 9.1 LANDS OF DIGIOVANNI & SANDER, 12380 Hilltop Drive; File #17-09-ZP- SO; A request for a Site Development Permit for a landscape screening plan for a 4,360 square foot two story new residence approved on February 2, 2006. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 9.2 LANDS OF ASKARI, 27861 Natoma Road; File 484-08-ZP-SD; A request for a Site Development Permit for a 1,041 square foot swimming pool, 5,237 square foot patios, 5,170 square foot driveway and landscape screening plan for a 10,169 square foot two story new residence approved on May 3, 2006. CEQA Review: Categorical Exemption per Section 15303 (e) and 15304 (b) (Staff -Cynthia Richardson) (Approved with conditions). 9.3 LANDS OF VERMA, 25911 Elena Road; File #255-08-ZP-SD-GD; A request for a Site Development Permit for a major interior remodel. CEQA review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz) (Approved with conditions). 10. The meeting was adjourned by consensus at 10:31 p.m. Respectfully submitted, Victoria Ortland Planning Secretary