HomeMy WebLinkAbout7.2 ITEM 7.2
Minutes of a Special Meeting 1 .:
Town of Los Altos Hills
PLANNING COMMISSION
Thursday, October 22, 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 Mandle, Commissioner Partridge,
Commissioner Tankha, Chair Couperus
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.
3. PUBLIC HEARINGS
3_1 LANDS OF HANABE; 26691 Moody Road, File #400-14-ZP-SD-VAR; A
request for a Site Development Permit for a 2,913 square foot two story residence
with a 421 square foot garage, variances to allow the structure and hardscape to
encroach into the side, rear, and front yard setbacks and a parking configuration
that creates obstructed vehicular access for one required parking space, and a
creek setback variance. CEQA review: Categorical Exemption per Section
15303(a) (Staff-S. Avila). —CONTINUED FROM AUGUST 6, 2015.
Ex Parte Disclosures: Commissioner Mandle said that she had spoken with Ann
Duwe. Chair Couperus said that he had also spoken with Ann Duwe, as well as
Sue Welch. There were no other ex parte disclosures.
Planning Director Suzanne Avila presented the staff report.
Commission asked questions of staff.
Commissioner Abraham inquired about the request for a pathway easement to be
granted over Moody Court for the length of the property. He said that it looked like
Moody Court was well beyond the property line, and he was not sure why the
Committee wanted an additional easement. Director Avila said that the area was a
right-of-way easement, and was not sure if the homeowner had rights to that land.
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Chair Couperus asked for the floor area to be explained.
Commissioner Partridge asked questions pertaining to the new setbacks.
Commissioner Tankha asked if the Pathways Committee was recommending the
owners work with the Town and the County to put in the pathway, and was it
normal to put the burden on the homeowner to get approval from the County. She
expressed concern that this could prolong the process. Commissioner Mandle
clarified that the language said that development of the property was not dependent
on having the pathway built there, even if it was requested.
Chair Couperus asked questions about the drainage plan, and Director Avila
assured him that it met the Town standards and had been approved by the
Engineering Department.
Chair Couperus opened the PUBLIC HEARING.
Walter Chapman, Designer, spoke on behalf of the changes made to the
application, and answered questions posed by the Commission.
Sue Welch, Member of the Pathways Committee, explained the requests of the
Pathways Committee and answered questions posed by the Planning Commission.
Chair Couperus closed the PUBLIC HEARING.
The Commission expressed a general concern over the pathways recommendations.
Commissioner Partridge requested that the landscape screening plan come back
before the Commission.
Chair Couperus expressed concerns with the findings presented by the
homeowner, and was worried that they would be setting a precedent by using
"substandard" or "uniquely shaped". Director Avila stated the Commission could
change the language or the findings if they were so inclined. They discussed
examples such as unique in shape, site constraints, location of creek, leach fields, no
neighboring homes to be impacted.
MOTION MADE AND SECONDED: Commissioner Tankha movedto approve
the requested site development permit for a new residence and variances for creek
setbacks, house setback, parking setback and obstructive parking subject to the
findings in Attachment 1, and conditions of approval in Attachment 2. Further.,
conditions 23, 24, 25 shall be removed, and condition 26 should be amended to
state that "the pathway easement shall be granted from Moody Road along Moody
Court, assuming the property owner has legal right over it." With the added
condition that the owner grant a 10 foot pathways easement over the native deer
path, grant a right of way easement over the frontage of Moody Road, and
amending condition 2 to specify that the landscape screening come back to the
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Commission; furthermore that the words located on a substandard size and shape lot
in the first of the findings to be modified to read "because the lot is extraordinary
encumbered due to shape, presence of a creek, absence of sewer requiring a leach
field, and abutting an open space area". The motion was seconded by Commissioner
Abraham.
AYES: Commissioner Abraham, Commissioner Mandle,
Commissioner Partridge, Commissioner Tankha, Chair
Couperus
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED 5-0.
32 INTRODUCTION OF AN AMENDMENT TO SECTIONS 10-1.202, 10-1-504
10-1.505 AND 10.2.301 OF THE LOS ALTOS HILLS MUNICIPAL CODE
ADDING REGULATIONS FOR AMATEUR RADIO AND EMERGENCY
COMMUNICATION ANTENNAS; File #396-14-MISC. CEQA Review:
Categorical Exemption per Section 15061(B)(3) (Staff-S. Avila).
Ex Parte Disclosures: Commissioner Abraham said that he had discussed the
issue with the Emergency Communications Committee(ECC). There were no
other disclosures.
Chair Couperus opened the PUBLIC HEARING.
Planning Director Suzanne Avila presented the staff report.
Commissioner Partridge asked what the inciting incident was that triggered this
amendment. Commissioner Tankha, a member of the Ad hoc Committee, said as
there were no regulations from the Federal Communications Commission (FCC),
the Town decided that they needed to create their own standards. Commissioner
Abraham, also on the Committee, agreed that this was correct, and added that this
was not regularly brought up as it was a difficult task in Town, so many are put up
without permits, when State and Federal law state they should be widely accepted.
Commissioner Mandle asked if the attorney thought there were any new issues
with the ordinance as we had been compliant 10 years ago. Director Avila said the
City Attorney did not provide an opinion. Commissioner Abraham said this
would help bring the Town in alignment with the neighboring cities.
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Chair Couperus presented slides on antenna stats, and acknowledged that while.
ham radios are vital in emergency situations, the Commission had to think about
visual mass.
Dick Jones approached the dais and requested Chair Couperus recuse himself, as
he felt he was biased.
Jim Waschura,Los Altos Hills, stated his opposition to the update.
Adler Yu,Los Altos Hills, stated his opposition of the update.
A resident of Los Altos Hills stated his opposition to the update.
Dru Anderson,Los Altos Hills, stated her support for her update.
Martha Bowden,Los Altos Hills, stated her opposition to the update.
Duncan MacMillan, Los Altos Hills, stated his support of updating, but that it
needed some fine tuning.
Andrew Kirk,Los Altos Hills, stated the importance of amateur radios in Town.
Robert Lelan,Los Altos Hills, stated his opposition to the update.
Samuel Wood,Los Altos Hills, stated his support of the update.
A resident of Los Altos Hills stated his opposition to the update.
Dick Jones, Los Altos Hills, requested Commissioners Abraham and Tankha
recuse themselves as they developed the update and requested that a lawyer be
present.
Scott Overstreet, Co-chair of the Emergency Communications Committee, said
he respected the concerns that residents have about their views being impacted, but
this is not a new issue and the Town needs to come into compliance with State and
Federal law.
William Scott, Los Altos Hills, said that a lawyer needs to be in attendance for this
discussion.
Chair Couperus closed the PUBLIC HEARING.
Commission discussion ensued.
Commissioner Tankha said that she appreciated the concerns over view
impaction. It was her understanding when starting this project that antennas were
similar to solar panels and the Town could not dictate where they go, and it was
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trying to insulate itself from interfering with State or Federal law. She said that she
was in support of allowing antennas as long as it did not interfere with neighbors
enjoying their homes and their views, but would like to go back and look at the
proposal again.
Commissioner Partridge said that he had not heard from the Town attorney that
there was an existing problem, nor seen evidence that the existing process was not
working. He was opposed to allowing antennas in the setback, and said the height
should be half the wavelength up. He did not see that anything needed to be done,
and was in favor of leaving things as they are unless told policies needed to change.
Commissioner Mandle thanked staff and the subcommittee for their time, and said
that she appreciated Commissioner Tankha's response to community input. She
said that she thought the Town was in compliance, but an up to date opinion on the
matter would cause her look at this proposal differently. She said it was important
to move carefully given the response of the community, but suggested giving a cost
break to applicants. She was okay with the current rules unless the attorney says
differently.
Commissioner Abraham said the reason the community needed ham radio
operators was because no Town staff lived in the Hills, so a vast majority of the
time the residents were on their own, so they would have to rely on volunteers. He
expressed concern that the ECC would fade out and then asked what the Town
would do to fill the gap. He said the update was in accordance with the law and
would be beneficial to the community.
Chair Couperus said the proposal was missing 3 components: Is it a benefit to the
Town? Is it a burden to the neighbors? Is it too much of a burden on the applicant?
He suggested they take the work that had been done and break it up into conditions.
e.g.: Up to 45 feet you can have an antenna with no permits or up to 63 feet with no
permits as long as it was only 2 inches wide. Anything bigger will have a site
development process where the neighbors are noticed. At this juncture he did not
see a reason to update the ordinance.
MOTION MADE AND SECONDED: Commissioner Mandle moved to continue
the discussion of modifying the Los Altos Hills Municipal Code for amateur radio
and emergency communications, and ask the subcommittee to reconvene and
consider balancing the needs of the applicants for antennas, the needs of the
neighbors of the antenna, and the benefit to the Town. The motion was seconded by
Commissioner Partridge.
AYES: Commissioner Mandle, Commissioner Partridge,
Commissioner Tankha, Chair Couperus
NOES: Commissioner Abraham
ABSENT: None
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ABSTAIN: None
MOTION CARRIED 4-1.
Commissioner Abraham asked that it be noted in the minutes that he voted no due
to the statement of"balancing of interests."
Chair Couperus called for a recess 10:02 P.M.
The meeting reconvened at 10:07 P.M.
33 INTRODUCTION OF AN AMENDMENT TO SECTION 10-2.809 OF THE
LOS ALTOS HILLS MUNICIPAL CODE (WATER EFFICIENT
LANDSCAPING) UPDATING THE TOWN'S EXISTING WATER EFFICIENT
LANDSCAPE ORDINANCE (WELO) TO COMPLY WITH RECENTLY
ENACTED STATE LAW; File #236-15-MISC. CEQA Review: Categorical
Exemption per Section 15061(B)(3) (Staff-S. Padovan).
Ex Parte Disclosures: Commissioner Tankha said she had spoken with Peter
Evans. There were no other disclosures.
Consultant Planner Steve Padovan presented the staff report.
Gary Waldeck, Los Altos Hills, explained how the parcel water budget (PWB)
was calculated.
Commission asked questions of staff.
Chair Couperus opened the PUBLIC HEARING.
Peter Evans, Los Altos Hills, suggested they use the proposed ordinance, leave the
old penalties, and leave out the maximum applied water allowance (MAWA).
Chair Couperus closed the PUBLIC HEARING.
Commissioner Abraham suggested the Town adopt the state model ordinance and
then revisit how it is working in a year. He suggested that at this time we look at
comparable cities that may have created their own ordinances, and if they are
performing well, to use their model to create our own. He pointed out that the State
asked the Town to cut water usage by 25%, and the Town reduced by 40%, not
because of an ordinance, but because of the involvement of its residents. The
residents are the key factor in the success of any program that may be implemented.
Chair Couperus said that he did not want to disregard the work that had already
been put into the new ordinance, but suggested that they take the State model and in
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parallel, continue to use the PWB formula. Both MAWA and PWB could be
tracked and staff could see which was more beneficial.
Commissioner Mandle said that people who have looked at this subject more in
depth are in favor of a Parcel Water Budget, which the Town currently utilizes. She
said that she was not in favor of deed restrictions but had no issue with penalties,
adding that penalties need to be large enough so that they are taken seriously or
residents may go back to their pre-drought habits.
Commissioner Partridge said that he had originally wanted to take the model and
be done with it as the complications of calculating two different methods and
penalties and deed restrictions was too much. He agreed with what Mr. Evans had
said; just the Parcel Water Budget, no MAWA, no audit, and to remove the
penalties. He felt they were on the wrong track with the penalties, being that the
regulations are most affective when the plants are installed. The ordinance needs to
change the behavior at the time of planting, not penalize residents later, by
restricting total square footage you are allowed to plant of high water use plantings.
This will make a difference over time.
Mr. Waldeck reminded the Commission that if they ,recommend adopting the
State's model water ordinance,then it requires an audit on each property every year.
Commissioner Tankha said she was in favor of the PWB, but suggested no
penalties or deed restrictions this year, and to revisit this issue next year. She then
asked the Commission to consider whether they were trying to fix the behavior of
the entire community or certain residents.
MOTION MADE AND SECONDED: Commissioner Partridge moved to
forward a recommendation to the City Council to adopt the proposed ordinance
with the following changes; to only use the Parcel Water Budget and not the
MAWA budget, remove the deed restriction and penalties section but maintain the
deposit. Additionally, add to the guidelines that 75% of plantings have to be low
water usage plants and to allow no more than 5,000 square feet of high water usage
plants. The motion was seconded by Commissioner Mandle.
AYES: Commissioner Mandle, Commissioner Partridge,
Commissioner Tankha, Chair Couperus
NOES: Commissioner Abraham
AB SENT: None
ABSTAIN: None
MOTION CARRIED 4-1.
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4. OLD BUSINESS—none
5. NEW BUSINESS—none
6. APPROVAL OF MINUTES
6.1 Approval of September 15, 2015 minutes.
Commissioner Mandle noted a correction to minutes.
MOTION MADE AND SECONDED: Commissioner Abraham moved to
approve the September 15, 2015 minutes with corrections. The motion was
seconded by Commissioner Tankha.
AYES: Commissioner Abraham, Commissioner Mandle.,
Commissioner Partridge, Commissioner Tankha, Chair
Couperus
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED 5-0.
7. REPORTS FROM CITY COUNCIL MEETINGS
7.1 Planning Commission Representative for October 14—Commissioner Tankha
7.2 Planning Commission Representative for November 19—Chair Couperus
7.3 Planning Commission Representative for December 17—Commissioner Mandle
7.4 Planning Commission Representative for January 15—Commissioner Abraham
8. REPORTS FROM FAST TRACK MEETINGS—OCTOBER 13, 2015
8.1 LANDS OF PARVARANDEH; 11555 Hillpark Lane; #209-15-ZP-SD; A request
for a Site Development permit for a 1,506 square foot, second story addition to an
existing residence (maximum height 23'2"). CEQA review: Categorical
Exemption per Section 15301(e) — an addition to an existing single-family
residence that is less than 2,500 square feet in floor area(Staff-G. Fernandez).
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9. REPORTS FROM SITE DEVELOPMENT MEETINGS — OCTOBER 13, OCTOBER
20, 2015.
9.1 LANDS OF EDIN; 10580 Berkshire; #331-15-ZP-SD; A request for a Site
Development permit for a new swimming pool and hardscape improvements.
CEQA review: Categorical Exemption per Section 15303 (e) (Staff-G. Fernandez).
9.2 LANDS OF VAUGHN; 23400 Ravensbury Avenue; #229-15-ZP-SD; A request
for a Site Development permit for a new swimming pool and hardscape
improvements. CEQA review: Categorical Exemption per Section 15303 (e)
(Staff-G. Fernandez).
9.3 LANDS OF RED ORCHID, LLC, 26238 Fremont Road; File #352-15-ZP-SD; A
request for a Site Development Permit for fencing and landscape screening for a
previously approved new residence. CEQA review: Categorical Exemption per
Section 15303(e) and 15304(b) (Staff-S. Avila)
10. ADJOURNMENT
The meeting adjourned at 11:36 P.M.
Respectfully submitted,
92umce.L'. 7T2ct4uocy
Jaime L. McAvoy M.A.
Planning Secretary
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