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Home My WebLink About8.1 ITEM 8.1 Minutes of a Special Meeting Town of Los Altos Hills PLANNING COMMISSION June 25, Thursday, 2015, 7:00 P.M. Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 L ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Abraham, Commissioner Couperus, Commissioner Partridge, Commissioner Tankha, Chair Mandle Staff: Suzanne Avila, Planning Director; Steve Padovan, Consultant Planner; Jaime McAvoy, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. I PUBLIC HEARINGS 3.1 LANDS OF INGHAM; 25531 Fremont Road, File #248-14-CDP-VAR; A request for a Conditional Development Permit for a 1,298 square foot single story addition (including a 488 square foot garage), a setback variance to allow the addition, garage, and hardscape to encroach into the side, rear, and front yard setbacks, and variance to allow a parking configuration that creates an obstructed vehicular access for two (2) required parking space spaces. CEQA review: Categorical Exemption per Section 15304 (b) (Staff-N. Horvitz). (CONTINUED FROM MAY 7, 2015). Ex Parte Disclosures: Chair Mandle said that she had spoken with Bernice Mose. There were no other disclosures. Chair Mandle opened the PUBLIC HEARING. Planning Director Suzanne Avila presented the staff report. Commission asked questions of staff. Eric Garfinkel, Contractor, spoke on behalf of the changes made to the design, and answered questions posed by the Commission. Dave Kellet, Los Altos Hills, stated his support for the project. 1 Special Planning Commission Meeting Minutes June 25,2015 Alice Rimer, Los Altos Hills, expressed her opposition to the project, stating this would open the door for future arguments to allow extensive development on these types of lots. Chair Mandle closed the PUBLIC HEARING. Commissioner Tankha thanked the applicant for returning to the Commission and attempting to implement the suggestions made from the previous meeting, but that approving this project would send a message to residents that setbacks do not really matter, and this would open the flood gates. The applicant should be allowed to build a home in the original footprint, and she would agree to allow a variance to connect the garage to the main residence, but she could not support the encroachment. Commissioner Abraham said that variances are used in cases of technical difficulty or undue hardship, and that the applicant should have known that this was going to be a difficult lot to develop. He further stated that granting a variance should not be a special privilege that was not given to others. To his knowledge no project has ever asked for this large of a variance into the setback. This site is not adequate to accommodate the proposed intensity of the proposed development for this project. He could not extend his support for this development. Commissioner Couperus stated that there was no further encroachment on privacy than the current arrangement of buildings, and that he saw this as a vast improvement on the current "mess" that sits on the property now. The applicant has the right to clean up the house and use the footprint as it exists, and put a second story if they would like, but they are not asking to do so, and he extended his support to the proposed project. Commissioner Partridge said that the setbacks are a distinguishing characteristic of the community, and he agreed to some flexibility, but this was still asking too much. He could not support the project with this extent of a variance. Chair Mandle still supports the project and commented that the applicant did what the Commission advised as a whole. There is written support from the neighbors, it is a benefit to the neighborhood, and we have to do the best we can with this lot, as there are no standards for this type of situation. MOTION MADE AND SECONDED: Commissioner Tankha moved to deny the requested Conditional Development Permit for an addition, setback variances, and parking variance subject to the fact that the applicant did not fulfill the conditions of approval for a Conditional Development Permit. The site of the proposed development is inadequate in size shape and topography to accommodate the proposed intensity of development. The size and design of the proposed structures do not create a proper balance, unity and harmonious appearance in relation the size and topography of the site, and relation to the surrounding neighborhood. The proposed development is non-compliant with all the regulations and policies set 2 Special Planning Commission Meeting Minutes June 25,2015 forth in the Site Development ordinance as 80% of the proposed development is encroaching into the setbacks. The motion was seconded by Commissioner Abraham. Chair Mandle said that there was no moratorium for development and that the Commission needed to decide if this was an outright denial or if they were going to let the applicant come back with a revised proposal. Commissioner Tankha requested an outright denial of the project as a new policy for substandard lots needed to be created to allow for different encroachments into the setbacks. Commissioner Partridge said that he would prefer to continue the application as he was not comfortable with an outright denial, but could not support the project as currently proposed. AYES: Commissioner Abraham, Commissioner Tankha NOES: Chair Mandle, Commissioner Couperus, Commissioner Partridge ABSENT: None ABSTAIN: None MOTION FAILED 2-3. Commissioner Partridge suggested 13 foot setbacks. The Commission then called on the applicants for their opinion on this suggestion. They stated they were willing to work with this direction, although it would alter their hardscape and floor area. Commissioner Abraham proposed a 20 foot setback on each side for all new construction, and to allow for a 10 foot driveway encroachment into a side setback, allowing to put the garage in the back, and reducing the Maximum Floor Area to 1,600 square feet, which is greater than the average amount of floor area for conditionally developed properties in Town, as seen with the recent Deerfield Drive project. Chair Mandle said that this number was too extreme, and that she did not think that the average from the Deerfield Drive should be applied generally to other substandard lots in Town. She then said she would be willing to support a 12 foot setback. MOTION MADE AND SECONDED: Commissioner Partridge moved to continue the project, asking the applicant to come back with side setbacks for the new portion of the residence that are no less than 12 feet. The motion was seconded by Commissioner Couperus. 3 Special Planning Commission Meeting Minutes June 25,2015 AYES: Commissioner Couperus, Commissioner Partridge, Chair Mandle NOES: Commissioner Abraham, Commissioner Tankha ABSENT: None ABSTAIN: None MOTION CARRIED 3-2. 3.2 LANDS OF KDCI DEVELOPMENT LLC; 25608 Deerfield Drive, File #233-14- ZP-SD-CDP-VAR; A Conditional Development Permit and Site Development Permit for a new 3,000 square foot, two-story single-family dwelling with a 1,790 square foot basement on a .359 net acre lot and setback Variances to allow two required uncovered parking spaces in the side yard setback and a vehicle back-up area and associated grading within 10 feet of the property line (Maximum height of structure is under 27'). CEQA review: Categorical Exemption per Section 15303(a) (Staff-S. Padovan). (CONTINUED FROM MAY 7, 2015). Ex Parte Disclosures: Commissioner Tankha said she had spoken with neighbors Bart Carey, and Alice Rimer, as well as Kjell Karlsson. Commissioner Abraham said that he had spoken with neighbors Doug and Alice Rimer. There were no other disclosures. Chair Mandle opened the PUBLIC HEARING. Consultant Planner Steve Padovan presented the staff report. Commission asked questions of staff. Gina Jackman, applicant, addressed the Commission and spoke on behalf of her project. Dan Rhoads, Architect, Young and Borlik, spoke on behalf of the revisions made to the project. David Kellet, Los Altos Hills, stated his support of the project. Ray Strimitis,Los Altos Hills, stated his support of the project. Gina Jackman gave a closing statement. Chair Mandle closed the PUBLIC HEARING. 4 Special Planning Commission Meeting Minutes June 25,2015 Commissioner Partridge said that the applicant was in their right to develop two separate lots, and they have found a good compromise in mitigating the impact of the house on the street. They have been responsive to comments from the Commission, and he appreciated the reduction of the second story. He offered his support of the project. Commissioner Couperus said that as there is no building on this property, this would be a precedent setting ruling. The only variance requested is for driveway access, and the neighbor the most affected by the granting of this is in support of the , request. He would prefer to have it clean of all variances in terms of setting precedence, but offered his support of the project. Commissioner Abraham said that this was a substantial over-development for the amount of land that is there based on the average size of all the other houses on the street. Commissioner Tankha applauded the applicants for their responsiveness to the Commission's comments, but expressed concern that the proposed home was still much larger than the average home on the street. She did not think that that Commission should throw out an arbitrary number for development size. Chair Mandle stated her support of the project, and requested the added condition that the applicant provides, in writing, assurance that there will be no construction parking on Deerfield Drive, the workers will only access the property from the Burke Road side, and that the second lot will have a front designation and access from Burke Road. MOTION MADE AND SECONDED: Commissioner Couperus moved to approve the requested Conditional Development Permit, Site Development Permit and Variances subject to the findings included in Attachments 1 and 2 and the recommended Conditions of Approval in Attachment 3; with the added conditions that the applicant will provide written agreement stating there will be no parking on Deerfield Drive, that construction access will be through the Burke Road property., and that future development will have access from Burke Road. The motion was seconded by Commissioner Partridge. AYES: Chair Mandle, Commissioner Couperus, Commissioner Partridge NOES: Commissioner Abraham, Commissioner Tankha ABSENT: None ABSTAIN: None MOTION CARRIED 3-2. 5 Special Planning Commission Meeting Minutes June 25,2015 4. OLD BUSINESS - none 5. NEW BUSINESS - Commissioner Abraham said he would like the Commission to consider allowing applicants to delay their landscape submittals due to the drought. No date was decided. 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for May 21 - Commissioner Tankha Commissioner Tankha presented a report on this meeting. 6.2 Planning Commission Representative for June 18 - Commissioner Couperus Commissioner Couperus presented a report on this meeting. 6.3 Planning Commission Representative for July 16 - Chair Mandle 6.4 Planning Commission Representative for August 20 - Commissioner Abraham 7. APPROVAL OF MINUTES 7.1 Approval of May 7, 2015 minutes. Chair Mandle noted a correction the vote for Item 3.1. MOTION MADE AND SECONDED: Commissioner Abraham moved to approve the May 7, 2015 minutes with corrections. The motion was seconded by Commissioner Tankha. AYES: Chair Mandle, Commissioner Abraham, Commissioner Couperus, Commissioner Partridge, Commissioner Tankha NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. 6 Special Planning Commission Meeting Minutes June 25,2015 8. REPORTS FROM FAST TRACK MEETINGS - MAY 12, MAY 26, JUNE 2, JUNE 9, JUNE 16, 2015 8.1 LANDS OF GUPTA; 26520 St. Francis Road, File #47-15-ZP-SD-GD; A request for a Site Development Permit for a new 5,928 square foot, two-story residence (Maximum height 27'), with a 3,680 square foot basement, a 100 square foot pool cabana, and a 924 square foot swimming pool and spa. CEQA review: CEQA review: Categorical Exemption per Section 15303(a) (Staff-S. Padovan). 8.2 LANDS OF COLLIN & FOUCHE; 26925 St Francis Road, File #105-15-ZP-SD; A request for a Site Development Permit for a new 1,275 square foot first and second story addition (Maximum height 27') and interior remodel. CEQA review: Categorical Exemption per Section 15303 (a) (Staff-N. Horvitz). 8.3 LANDS OF ALTA INC; 13075 S. Alta Lane, File #67-15-ZP-SD-GD; A request for a Site Development Permit for a new 4,981 square foot two story residence (Maximum height 27') with a 1,242 square foot basement and 380 square foot swimming pool. CEQA review: Categorical Exemption per Section 15303 (a) & (e) (Staff-N. Horvitz). 8.4 LANDS OF DODSON; 21890 Blue Oaks Place (Lot 2), File #85-15-ZP-SD-GD; A request for a Site Development Permit for a 3,123 square foot two-story residence with a 433 square foot two-car garage (Maximum height 25'). CEQA review: Categorical Exemption per Section 15303 (a) (Staff S. Avila). 8.5 LANDS OF LOUGHLIN; 13350 Burke Road, File #100-15-ZP-SD-GD; A request for a Site Development Permit for a new 6,045 square foot, two-story residence (Maximum height 27'), with a 2,033 square foot basement, a 760 square foot pool cabana/secondary dwelling unit, and a 600 square foot swimming pool and spa. CEQA review: Categorical Exemption per Section 15303(a) (Staff-S. Padovan). 8.6 LANDS OF SETO; 13410 La Cresta Drive, File #90-15-ZP-SD; A request for a Site Development Permit for 1,311 square foot addition to an existing two-story residence (Maximum height 27'). CEQA review: CEQA review: Categorical Exemption per Section 15301(e) (Staff-S. Padovan). 8.7 LANDS OF EESPRD (LOT B); 13651 Burke Road, File #119-15-13-ZP-SD-GD; A request for a Site Development Permit for a 4,098 square foot two-story new residence (Maximum height 24') with an 995 square foot second unit and 850 square foot storage space. Request includes removal of one heritage oak. CEQA review: Categorical Exemption per Section 15303(a) (Staff-C. Richardson). 7 Special Planning Commission Meeting Minutes June 25,2015 9. REPORTS FROM SITE DEVELOPMENT MEETINGS - JUNE 9, 2015. 9.1 LANDS OF KLEIN, 27772 Lupine Road; File #163-15-ZP-SD; A request for a Site Development Permit for a new driveway access. CEQA review: Categorical Exemption per Section 15304 (a) (Staff-N. Horvitz). 9.2 LANDS OF TAVASSOLI & EMAMI; 13761 La Paloma Road, File #27-15-ZP- SD-GD. A request for a Site Development permit for landscape screening for a new two story residence with an attached secondary dwelling unit(approved at the June 6, 2013 Planning Commission meeting). The applicant is also requesting to relocate the swimming pool. CEQA review: exempt per 15304 (b) & 15303 (e) (Staff-N. Horvitz). 10. ADJOURNMENT The meeting adjourned at 9:18 P.M. Respectfully submitted, Jai,vu.e L. McAvoj Jaime L. McAvoy Planning Secretary 8 Special Planning Commission Meeting Minutes June 25,2015