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HomeMy WebLinkAbout11/08/2021Town of Los Altos Hills Planning Commission Special Meeting November 8, 2021 Minutes Zoom Meeting and Town Hall, 26379 Fremont Road, Los Altos Hills, California 1.ROLL CALL AND PLEDGE OF ALLEGIANCE Via teleconference according to the Government Code Section 54953(e), Chair Indaco called the November 8, 2021 Planning Commission Special meeting to order at 6:00 p.m. Present:Commissioner Couperus, Commissioner Patel, Vice-Chair Waschura, Chair Indaco, Staff:Interim Planning Director Padovan, Management Analyst Einfalt, Planning Technician Brunner, Assistant City Attorney Claire Lai 2.PRESENTATIONS FROM THE FLOOR Persons wishing to address the Commission are limited to items which are the subject of the Special Meeting. Chair Indaco opened PRESENTATIONS FROM THE FLOOR. No presentations from the floor. Chair Indaco closed PRESENTATIONS FROM THE FLOOR. 3.PUBLIC HEARINGS Planning Commission Ex Parte Assistant City Attorney Claire Lai noted that ex parte was not necessary, as there would be no project decision. 3.1 Discussion of an Urgency Ordinance to add Article 15 (Objective Standards for Qualified SB 9 Subdivisions and Development Projects) to Title 10, Chapter 1 (Zoning and Site Development) of the Los Altos Hills Municipal Code regulating the subdivision and development of qualified Senate Bill 9 properties in the Town of Los Altos Hills. Staff: S. Padovan Chair Indaco opened the PUBLIC HEARING. Interim Planning Director Padovan presented the staff report. A question-and-answer session between the Commissioners, staff, and Assistant City Attorney Lai ensued regarding preserving open space, conservation, and other existing easements if a lot is subdivided using State Bill 9. Commissioner Couperus asked for clarification on the terms “lots” and “parcels.” Director Padovan indicated that the terms were interchangeable but would provide an updated definition of terms for clarification. The Commissioners discussed the appropriate protocols for forwarding clarifications to the draft ordinance to Director Padovan. Commissioner Couperus and Chair Indaco asked about the affidavit item on the draft objective standards in the staff presentation. Approved December 9, 2021 2 Planning Commission Special Meeting November 8, 2021 Minutes A question-and-answer session between the Commissioners, staff, and Assistant City Attorney Lai ensued regarding offering owners voluntary deed restrictions and other incentives in lieu of lot splitting. Public Comment Bob Molinari, a Los Altos Hills resident, asked about the limit of lot splits between neighbors. Director Padovan clarified that the limit applied to one owner with neighboring lots. Jack Caffey, a Los Altos Hills resident, asked about the 3-year occupancy requirement of owners and consequences if they did not. He also asked about how a 40-acre lot would be split by a developer. Director Padovan responded that a developer would most likely split a 40-acre lot using the subdivision process, as a lot split utilizing State Bill 9 only allows for subdividing a parcel once. Kit Gordon, a Los Altos Hills resident, asked questions regarding high severity fire-zones, which are exempt from State Bill 9, access for fire trucks on a private, narrow roads, and using riparian setbacks as they pertain to protecting easements. Planning Director Padovan addressed Kit's questions: the Town only has a draft version of a high fire hazard map and current maps do not indicate any very high fire hazard zones in the Town; lot splits on private roads are limited by building code and easement requirements. Carol Gottlieb, a Los Altos Hills resident, commented on the proposed the reduction of building height and driveway access limits as they relate to ADU's and applying those rules for development on lot splits. Ann Duwe, a Los Altos Hills resident, asked for clarifications regarding absolute minimums and maximums on square footage for State Bill 9 lot splits, the very low and low-income language versus a moderate income, and timing the issuance of a developer-signed affidavit for occupancy at the time of occupancy versus at the time of the submittal of a map. Planning Director Padovan noted that 800sqft was the minimum and maximum allowed square footage for a SB9 lot split; 1600sqft was mentioned to allow for a vacant lot to be developed with two 800sqft dwellings. Additionally, he noted a proposal to allow more square footage on the development of an ADU or main residence for owners who choose to not split their lots as a benefit. The idea of including moderate income in the language seemed appropriate. Hal Feeney, a Los Altos Hills resident, asked about the location of excess parking for lot split developed properties and the fire safety issues related to parking along the roads. Chair Indaco indicated that an allowance of one uncovered parking space per unit, outside of the setbacks would be required for all properties developed utilizing the State Bill 9 split. Director Padovan clarified that State Bill 9 only requires the provision of one parking space per unit; however, the Town could address the parking issue along the roads to discourage residents from using that area as overflow parking. Director Padovan answered Vice-Chair Waschura’s question regarding parking in the setbacks for SB9 lots and stated that State Bill 9 allows for parking in the setbacks. Sue Welch, a Los Altos Hills resident, commented on the deed restrictions around protecting Open Space Easements, increased water runoff potential, the impact on wildlife corridors, and the proposed lot split division as it pertains to the topography of a lot. She also asked for clarification on tenants and if a tenant could be a family member. 3 Planning Commission Special Meeting November 8, 2021 Minutes Director Padovan and Assistant City Attorney Lai responded to Sue's questions. Laura Snable, a Los Altos Hills resident, asked about neighborhood feedback on lot splits as they pertain to landscape screening. Director Padovan and Assistant City Attorney Lai responded to Laura's question. Eileen McGinnis, a Los Altos Hills resident, read a section of the new SB9 and asked a question regarding lot slope and development limitations. Director Padovan and Assistant City Attorney Lai responded to Eileen's question. Rick Ellinger, a Los Altos Hills resident, commented on wanting real numbers to outline the income limitations, simplifying the development process, the proposed height limitation, and the proposed lot division restriction. Barry Smith, a Los Altos Hills resident, suggested the Commissioners consider deed restrictions and create an aggressive ordinance. Lulu Chang, a Los Altos Hills resident, asked about the 800sqft limit. Director Padovan responded to Lulu's question. Mike Z, from Silicon Valley Builder, asked about lot splits and sales, can lots split using SB9 be reversed, fire department requirements for driveway widths, and penalties if the owner reneges on living on the property for the designated period. Director Padovan responded to Mike's questions and offered rebuttal comments. Chair Indaco closed the PUBLIC HEARING. Commission Discussion Commissioner Patel offered a suggestion clarifying deed restrictions on non-split lots and asked Assistant City Attorney Lai, a question regarding Town-provided incentives for development without dividing a property. Assistant City Attorney Lai, Commissioner Couperus, and Director Padovan responded to Commissioner Patel's question. Vice-Chair Waschura offered comments regarding lot splitting and development incentives. The meeting recessed at 8:15pm. The meeting readjourned at 8:22pm. Chair Indaco asked Assistant City Attorney Lai a question regarding voluntary deed restrictions versus mandatory requirements for lot splitting and development. Assistant City Attorney Lai responded to Chair Indaco's question. Commissioner Patel offered comments regarding Town-provided incentives in exchange for not splitting a lot. Commissioner Couperus offered comments on homeowners' possible options. Director Padovan redirected the Commission discussion back to addressing the draft ordinance as it pertains to State Bill 9. 4 Planning Commission Special Meeting November 8, 2021 Minutes Vice-Chair Waschura commented that the Commission should continue to identify the items they would like to include in the draft ordinance. The meeting was paused at 9:50pm due to technical issues. The meeting resumed when Commissioner Patel rejoined at 10:00pm to reestablish a quorum. Commissioner Couperus lost his connection to the meeting and was unable to rejoin. The Commissioners discussed each section and item number of the draft Urgency Ordinance to clarify language and suggest modifications. Assistant City Attorney Lai offered guidance when needed. MOTION MADE AND SECONDED: Vice-Chair Waschura motioned to forward the recommendations to the City Council with the modifications as discussed. The motion was seconded by Commissioner Patel. MOTION PASSED: 3-0-0-0-2 AYES: Commissioner Patel, Vice-Chair Waschura, Chair Indaco NOES: None ABSTAIN: None RECUSE: None ABSENT: Commissioner Smith, Commissioner Couperus 4. ADJOURNMENT Meeting was adjourned at 10:50 PM by Chair Indaco. Respectfully submitted, Keren Brunner Planning Technician