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Home My WebLink About10/01/2009Minutes of a Regular Meeting Approved 11/05/2009 4W Town of Los Altos Hills PLANNING COMMISSION THURSDAY, October 1, 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 Clow and Commissioners: Collins, Harpootlian, and Abraham Absent: Commissioner Partridge Staff: Debbie Pedro, Planning Director; Cynthia Richardson, Consulting Planner; and Victoria Ortland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none 3. PUBLIC HEARINGS Planning Commission Ex Parte Contacts Policy Disclosure: Chairman Clow had spoken to Mr. and Mrs. Parikh (Item 3.1, Lands of Parikh). 3.1 LANDS OF PARIKH, 26880 Elena Road; File 4181-08-ZP-SD-GD; A request for a Site Development Permit for a 4,970 square foot new residence (maximum height: 27 feet). The applicant is requesting a grading policy exception for up to 13 feet of cut for the driveway and rear yard area, up to 5 feet of cut for the garage, up to 6 feet of fill for the front yard area, and up to 3.5 feet of fill for the driveway. CEQA Review: Categorical Exemption per Section 15303(a) (Staff -Cynthia Richardson). Cynthia Richardson, Consulting Planner, presented the staff report for the proposed new residence and Grading Policy exceptions for the steeply sloped site. The existing private ingress/egress driveway easement would be abandoned and replaced with a new driveway with access off Elena Road. Two heritage oak trees were planned for removal to accommodate the new driveway and fire truck tum -around. The applicants worked extensively with neighbors to develop the submitted plan. Grading Policy exceptions were requested for fill to create yard areas, and cut for the driveway and fire truck tum -around. OPENED PUBLIC HEARING Mihir Parikh, applicant, explained that the submitted design for the project took significant effort considering the constraints of the lot, which included septic leach field requirements, drainage, and driveway slope. Meetings had been held to hear neighbor's comments; their concerns had Planning Commission Minutes Approved 11/05/2009 October 1, 2009 Page 2 been successfully addressed through compromise and redesign of the plans. Drainage issues had been examined; the location of the driveway and the septic fields had been rearranged to the satisfaction of the neighbors, staff, and the fire department. Of the heritage oak trees to be removed: tree number 1 is a safety hazard, and the preservation of tree number 2 in its present location would prevent any practical design for the property. Approval of the plan by the Planning Commission was respectfully requested. Commissioner Collins asked if oak tree number 2 was in the path of the required paving for the fire truck tum -around. Pete Carlino, civil engineer, said an earlier design showed the driveway and fire truck tum around located on the northern side of the property. After meeting with and gathering input from neighbors, staff, and the fire department, concerns raised by that location had been adequately resolved with redesign of the plans. The number 2 oak tree must be removed. The existing driveway is noncompliant and does not have a fire truck turn -around. Commissioner Harpootlian asked about storm water run-off and drainage from the property. Pete Carlino explained that the project's drainage design was based on the Town's requirement for capture and release of no more water than currently leaves the site. The retention system was sized for the maximum development area of the property (more than the proposed MDA). `, Chairman Clow asked for clarification on the need for replacing the existing driveway Pete Carlino stated that 20 percent is the maximum slope for a driveway in Santa Clara County. The existing driveway's 22 percent slope and inadequate turning radius for a fire truck at the property line would make it necessary to rebuild the entire driveway. Construction of a fire truck tum -around would be required on the site as well. With the amount of grading needed to meet all specifications, the oak trees would still be at risk. Chairman Clow had concerns over the height of the retaining wall along the driveway in front of the residence and suggested terracing the walls. Pete Carlin said he could work with staff on a layout for the driveway retaining walls Commissioner Collins asked (in regard to comments made by Barrie Coate in the 2008 arborist's report) if the drip lines of the trees had been measured again and changes made to reflect their actual size. The arborist's report states that construction of the leach field must be kept outside of the tree's drip lines. Peter Carlin said that Barrie Coate would be involved with any grading done around the trees on site. Mike Scott, Black Mountain Road, asked how a building's height was determined. He inquired where the utility line for the new development would be located and if he would have rights of access to it. The existing power pole serves the Parikh and O'Connell residences, but is not in a utility right of way nor claimed by PG&E. He stated that the drainage issues on the Par kh Planning Commission Minutes Approved 11/05/2009 October 1, 2009 Page 3 `, property were complicated because water from his property drains onto the applicant's lot in addition to the underground water that flows down through the property. John O'Connell, Elena Road, said he had many discussions with the applicants regarding his objections to the project. He felt Mr. Parikh had done everything possible to address and resolve any concerns of his and the other neighbors. The new plans alleviated many of the drainage issues and the potential for excessive vehicular noise from the driveway. He felt that considering the fire department's requirements for the driveway and tum -around, there was no possible placement of the driveway that would save the oak tree. He was in support of the project as proposed. He explained that power to his property comes from a pole that is not recognized by PG&E. The lines to his home are undergrounded from that pole. CLOSED PUBLIC HEARING Commissioner Abraham supported the project and felt the applicant had worked diligently to solve neighbor concerns. Commissioner Harpootlian supported the project but was concerned about the utility right of way and wanted to ensure that neighboring properties would have the opportunity to connect in the future. He wanted a utility right of way to be granted on the north side of the property to allow for eventual connection by the neighbors. He felt the applicants had cooperated well with the neighbors. Commissioner Collins supported the project and understood the reason why oak tree number 2 would need to be removed. Chairman Clow thought the utility lines connecting to the pole were secondary lines and felt that an easement could be granted privately. Staff said the neighbors could work out a solution together with the Town helping to facilitate the discussion with PG&E. Commissioner Harpoothan felt that if the utility pole was not a public pole, the new residence should not be undergrounded to it, but rather to a public pole on Elena Road. If an easement were granted, it would be possible to make the utility pole public. Chairman Clow supported the project but wanted the high section of the retaining wall along the driveway to be terraced. He regretted the loss of the heritage oak tree, but felt that there were no other designs for the driveway that would preserve the tree. MOTION MADE, AMENDED, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by Commissioner Harpootlian and seconded by Commissioner Abraham to approve the requested Site Development Permit for a new residence and Grading Policy exception for a driveway and yard area, Lands of Parikh, 26880 Elena Road, subject to the recommended conditions of approval and the findings for the Grading Policy exceptions; with an additional requirement for any portion of the retaining wall along the driveway exceeding 4 feet Planning Commission Minutes Approved 11/05/2009 October 1, 2009 Page 4 �. in height must be terraced, and the utility pole utilized must be a valid PG&E pole (to be confirmed by staff). AYES: Commissioners Abraham, Collins, Harpootlian, and Chairman Clow NOES: None ABSENT: Commissioner Partridge 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 PURISSIMA HILLS WATER DISTRICT (APPLICANT: VERIZON WIRELESS), 12863 La Cresta Drive; File #120-09-CUP; A request for a Conditional Use Permit renewal and modification to add two additional panel antennas to the existing pipe mount at the same height as the existing antennas. CEQA Review: Categorical Exemption per Section 15301 (Staff-Cynthia Richardson). Commissioner Harpoodian recused himself for this item. Cynthia Richardson, Consulting Planner, presented the staff report for the Conditional Use Permit renewal and modification. Two antennas were proposed to be added and no change to the existing ground equipment. OPENED PUBLIC HEARING Crystal Wood, representative for the applicant, explained that there should be no change in the public's view of the site. The new antennas would increase the bandwidth for Verizon's operation in Los Altos Hills and result in better customer service. CLOSED PUBLIC HEARING MOTION MADE, SECONDED AND PASSED BY VOICE VOTE: Motion made by Commissioner Collins and seconded by Commissioner Abraham to forward a recommendation to City Council to approve the requested modification and renewal of the Conditional Use Permit, Lands of Purissima Hills Water District (Applicant Verizon Wireless), 12863 La Cresta Drive. Commissioners Collins, Abraham and Chairman Clow supported the project. AYES: Commissioners Collins, Abraham, and Chairman Clow NOES: None ABSTAIN: Commissioner Harpootlian ABSENT: Commissioner Partridge This item will be forwarded to a future meeting of the City Council. 4. OLD BUSINESS - none Planning Commission Minutes Approved 11/05/2009 October I, 2009 Page 5 #4W 5. NEW BUSINESS — none REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for August 13 - Cancelled 6.2 Planning Commission Representative for August 27 — Cancelled 6.3 Planning Commission Representative for September 10 — Commissioner Abraham 6.4 Planning Commission Representative for September 24 — Commissioner Harpootlian 6.5 Planning Commission Representative for October 8 — Commissioner Collins 6.6 Planning Commission Representative for October 22— Commissioner Clow APPROVAL OF MINUTES 7.1 Approval of August 6, 2009 minutes MOTION MADE, SECONDED AND PASSED BY VOICE VOTE: Motion by Commissioner Harpoothan and seconded by Commissioner Abraham to approve the August 6, 2009 minutes as revised. Under `Planning Commission Ex Parte Contacts Policy Disclosure:" add "Commissioner Abraham had spoken to neighbors Bob and Melinda Rowe and another neighbor (Item 3.3; Lands of Malavalli)". AYES: Commissioners Collins, Harpoothan, Abraham and Chairman Clow NOES: None ABSENT: Commissioner Partridge 8. REPORT FROM FAST TRACK MEETING — AUGUST 25, 2009 8.1 LANDS OF PARIVASH, 12252 Menalto Drive; File #110-09-ZP-SD-GD; A request for a Site Development Permit for a 618 square foot addition and major remodel, (Maximum height: 27'). CEQA Review: Categorical Exemption per Section 15301(e) (Staff -David Keyon) (CONTINUED FROM THE AUGUST 11, 2009 FAST TRACK MEETING) (Approved with Conditions). 9. REPORTS FROM SITE DEVELOPMENT MEETINGS — AUGUST 25, SEPTEMBER 1, AND SEPTEMBER 15, 2009 9.1 LANDS OF ASKARINAM, 27630 Via Cerro Gordo; File 4148-09-ZP-SD; A request for a Site Development Permit for a new 783 square foot swimming pool. CEQA review: Categorical Exemption per Section 15303(e) (Staff -Nicole Horvitz) (Approved with Conditions). 9.2 LANDS OF KIANIAN, 14320 Miranda Road; File #145-09-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a major addition approved on February 19, 2008. CEQA review: Categorical Exemption per Section 15304(b) (Staff -David Keyon) (Approved with Conditions). Planning Commission Minutes October 1, 2009 Page 6 Approved 11/05/2009 9.3 LANDS OF AUDIO, LLC, 26989 Beaver Lane; File #97-09-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 4,970 square foot two story new residence approved on July 1, 2008. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with Conditions). 9.4 LANDS OF PATOU, 26353 Esperanza Drive; File #165-09-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 1,373 square foot addition and interior remodel approved on March 25, 2008. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with Conditions). 10. ADJOURNMENT The meeting was adjourned by consensus at 8:08 p.m. Respectfully submitted, Victoria Ortland Planning Secretary 4W