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HomeMy WebLinkAbout06/02/2016Approved July 7, 2016 1 Planning Commission Regular Meeting Minutes June 2, 2016 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, June 02, 2016, 7:00 P.M. Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 ______________________________________________________________________________ 1. 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; Edward Gurtzmacher, Assistant City Attorney 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF LINEBARGER; 10728 Mora Drive (Formerly 10730 Mora Drive, Lot 1): A Conditional Development Permit and Site Development Permit for a new 2,696 square foot, two-story single-family dwelling with 2,677 square feet of basement area on two levels and variance requests for side yard building setbacks of ten (10) and 15 feet, uncovered parking and vehicle back-up areas within five (5) feet of the property line, hardscape and basement lightwells in the side yard setbacks, and grading within ten (10) feet of the property line on a .347 acre lot; (Maximum height of structure is 27’); File #415-14-ZP-SD-GD-CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) (Staff- S. Padovan). Chair Couperus opened the PUBLIC HEARING. Ex Parte Disclosures: Commissioner Mandle said that she had spoken with Karen and David Kehlet, as well as Enrique Klein. There were no other disclosures. Consultant Planner Steve Padovan presented the staff report. Commission asked questions of staff. Approved July 7, 2016 2 Planning Commission Regular Meeting Minutes June 2, 2016 Chair Couperus asked staff to confirm whether or not there was a request to grade within 10 feet of the property line. Staff confirmed that there was a request to grade to the property line. Commissioner Partridge asked if they reduced the width of the house could they reduce the amount of variances requested. Mr. Padovan said that while the lot was narrow, there were ways that a house could be proposed that would not have as much encroachment into the side setbacks. Commissioner Mandle said she was under the impression that there was not a current Certificate of Compliance for this lot. Mr. Padovan confirmed that a Certificate of Compliance was approved by the County in 2006 but the Town did not find evidence that it was recorded and the approval is only valid for one year. Commissioner Mandle asked if this was a valid Certificate of Compliance. Assistant City Attorney Gurtzmacher said no documentation had been located so far, so it is unclear at this point. Commissioner Abraham asked if the Town should actually be looking at this if it does not have a certificate of compliance. Mr. Gurtzmacher said the City Attorney’s office needs to see what the applicant has obtained in his research that he may not have presented to the Town. If the Commission continues with this hearing, it would not be jeopardizing the Town in the future if it is discovered that the lots are not compliant. If the Planning Commission agrees with staff's recommendation for denial it does not matter, but if the applicant appeals then they would have time to look further into this matter. If the Planning Commission approves they would need to establish whether or not there is a certificate of compliance before final approval. Chair Couperus asked about the requirements for covered parking. Commissioner Tankha noted that at the last meeting the Commission had given directions to the applicant to re-design the home, but it appears the applicant was presenting the exact same proposal. Mr. Padovan confirmed the applicant chose not to make any substantive revisions to the plans. Applicant Forrest Linebarger spoke on behalf of his application. Commission asked questions of the applicant and received his responses. Commissioner Tankha stated that a house needs to be built to fit the lot, not the other way around. She said that it does not appear that the applicant has attempted to reduce the footprint but just relocated it to a different part of the property. She added that it was not the intent of the Commission to deny him, but to work with him to get the house approved. However, to do this he needed to work with them as well. Approved July 7, 2016 3 Planning Commission Regular Meeting Minutes June 2, 2016 Commissioner Partridge said that to redesign the house so there are only rooms on one side with a hallway would not be "absurd and unreasonable" as Mr. Linebarger had stated. There are many ranch style homes in Town that were designed in that exact manner. Commissioner Mandle inquired about whether the building would be out of the dripline of the neighbor's trees. Mr. Linebarger confirmed that the dripline did not reach that far. Dave Kehlet, Los Altos Hills, asked Commission to deny the project as presented. Karen Kehlet, Los Altos Hills, stated her opposition to the project. Judy Klein, Los Altos Hills, stated her opposition to the project. Aart De Geus, Los Altos Hills, stated his opposition to the project. Enrique Klein, Los Altos Hills, gave a presentation, and stated his opposition to the project. Esther John, Los Altos Hills, stated her opposition to the project Gregory Fretz, Los Altos Hills, stated his opposition to the project as it stands. Brian Mahbod, Los Altos Hills, stated his opposition to the project. Chair Couperus closed the PUBLIC HEARING. Mr. Linebarger spoke to the comments made by his neighbors. Commission discussion ensued. Commissioner Partridge said there should be some attempt to design a house that works with the Town's ordinances, but this was not the solution. He said that through his research he had found many other solutions from people with similar issues, and while they may not be what Mr. Linebarger wants, there are other designs that are more "reasonable." He said that he was open to some sort of setback encroachment, but that he could not support what was proposed. Commissioner Tankha noted that many of the neighboring homes have had variances in the past, and that some are more in the setback than others, but the applicant is requesting seven variances, which exceeds that of any other house in the neighborhood. Commissioner Mandle said that 1000 square feet was reasonable for this lot and that the proposed house needed to be substantially smaller. She said she was in favor of denying the project as it stands. Approved July 7, 2016 4 Planning Commission Regular Meeting Minutes June 2, 2016 Commissioner Abraham agreed with Commissioner Mandle that this was too much house for the lot, but that the Commission did need to give on the side setbacks to not render the lot unbuildable. He suggested they deny the project and give the applicant boundaries to follow for a future application, starting with 20 foot side setbacks, which was the County standard when Mr. Linebarger purchased the property, and no grading within 10 feet of the property line. This would allow for a driveway down one side of the property, which would allow parking in the rear, and paving be no closer than eight feet to the property line, with a maximum height of 19 feet. Chair Couperus said typically people can bring a design to the Planning Commission and they can "nickel and dime" the project to try and make it fit in more with the neighborhood, but that does not work with every project. In this instance, they are trying to build a "Los Altos Hills house" on a lot that is not a "Los Altos Hills" type lot. One could argue that there are many other variances in the neighborhood, but the Commission has to consider that the applicant is asking for seven variances and that the other houses were built under different regulations and then annexed, which allows their square footage to be grandfathered in for new construction. There was no existing house here for the applicant to reference. Commissioner Partridge requested the Commission revisit the findings and maybe fix the wording. In the variance findings, in the first item, they were asked to make the finding whether or not the strict application would deny the property of privileges enjoyed by other properties. There is some argument there opposing that, but there is a hardship here that does not need to be denied and he would prefer for item one to agree that exceptional circumstances apply to this property. He added that item #2 should say that the setback encroachments proposed are too large and are not consistent with the semi-rural character of Los Altos Hills. Mr. Grutzmacher said that if the Commission could make one of the findings of variance then they could use the others to make a finding of denial. If the Commission wanted to add or delete any findings he asked that they make it clear for an adequate final record of the findings adopted this evening. MOTION MADE AND SECONDED: Commissioner Abraham moved to deny the conditional development permit and variances subject to the findings in attachments 1 and 2 as modified and deny the site development permit subject to the prior denial of the conditional development permit and variances of this project. The motion was seconded by Commissioner Partridge. AYES: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus NOES: None Approved July 7, 2016 5 Planning Commission Regular Meeting Minutes June 2, 2016 ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. 3.2 LANDS OF LINEBARGER; 10758 Mora Drive (Formerly 10730 Mora Drive, Lot 3): A Conditional Development Permit and Site Development Permit for a new 2,520 square foot, two-story single-family dwelling with 2,583 square feet of basement area on two levels and variance requests for side yard building setbacks of ten (10) and 15 feet, uncovered parking and vehicle back-up areas within five (5) feet of the property line, hardscape and basement lightwells in the side yard setbacks, and grading within ten (10) feet of the property line on a .398 acre lot; (Maximum height of structure is 27’); File #413-14-ZP-SD-GD-CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) (Staff- S. Padovan). Chair Couperus opened the PUBLIC HEARING. Chair Couperus requested that the Commission and audience look at what is different with this lot versus the first lot discussed, and to not repeat the same discussion from the previous item. Consultant Planner Steve Padovan presented the staff report. Mr. Linebarger spoke to his second application. Dave Kehlet, Los Altos Hills, stated his opposition to the project. Art De Geus, Los Altos Hills, stated his opposition to the project. Karen Kehlet, Los Altos Hills, spoke to comments made by Mr. Linebarger. Esther John, Los Altos Hills, stated her opposition to the project. Chair Couperus closed the PUBLIC HEARING. Commissioner Abraham said that his feelings with this project were the same as with the last one. Allowing a 20 foot setback would allow a reasonable structure to be built, and would result in something that the neighborhood may accept. He stated his support of using recommendation one of the staff report. Commissioner Mandle said that she also had the same opinion as the last lot, and that she was hesitant to prescribe an approvable setback. She stuck with her recommendation of 1000 square feet as an appropriate house size. Commissioner Tankha agreed that it was hard to come up with a number and that the applicant should work on building to the lot, not a number. She too would like Approved July 7, 2016 6 Planning Commission Regular Meeting Minutes June 2, 2016 the applicant to consider 1000 square feet or so for the house. She would like to ask the applicant how he would like to proceed. Commissioner Partridge said that if they did not give the applicant clear guidance at this meeting they will try to push back in other ways. He agreed with Commissioner Abraham on the 20 foot setbacks, but would be willing to give a few feet here and there, but the Commission needs to give clear guidance if it decides to proceed this way. Chair Couperus said he was hesitant for the Planning Commission to start designing houses for people, which is what it will be doing if too many directions are given. There are ways to build on this lot that would not appear so bulky and still provide a decent sized house. MOTION MADE AND SECONDED: Commissioner Mandle moved to deny the Conditional Development Permit and variances subject to the findings in attachments 1 and 2 and deny the Site Development Permit subject to the prior denial of the Conditional Development Permit and variances for this project, with addition of the language that was supplied for the motion for Item 3.1. 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. 4. OLD BUSINESS - none 5. NEW BUSINESS - none Commissioner Abraham brought up a letter from Joe Simitian's office about Stanford "kick off for land use planning process." Should the Town be weighing in on the matter? Chair Couperus agreed this could be of concern to the Town. Director Avila noted that staff would be at the June 9th meeting but right now the information was all very preliminary. During the environmental review the Town will have an opportunity to provide comments about its concerns. 6. REPORTS FROM THE CITY COUNCIL MEETINGS Approved July 7, 2016 7 Planning Commission Regular Meeting Minutes June 2, 2016 6.1 Planning Commission Representative for May 19 – Commissioner Mandle Commissioner Mandle presented a report on this meeting. Director Avila requested the Commission consider a Special Meeting on June 23. No decision was made. 6.2 Planning Commission Representative for June 16 – Commissioner Abraham 6.3 Planning Commission Representative for July 21– Commissioner Partridge 6.4 Planning Commission Representative for August 18 – Chair Couperus 7. APPROVAL OF MINUTES 7.1 Approval of May 5, 2016 minutes. Commissioner Partridge noted a correction to the minutes. MOTION MADE AND SECONDED: Commissioner Tankha moved to approve the May 5, 2016 minutes as amended. 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. 8. REPORTS FROM FAST TRACK MEETINGS – MAY 10, MAY 17, MAY 24, 2016 8.1 LANDS OF CHAN; 27150 Julietta Lane; File #317-15-ZP-SD-GD; A request for a Site Development Permit to demolish an existing residence with nonconforming setbacks and construct a new 7,282 square foot residence (Maximum height 27’) which includes a 299 square foot pool equipment and storage room and a 749 square foot detached garage, a 2,961 square foot basement, a relocated swimming pool and tennis court, and related hardscape improvements. CEQA review: Categorical Exemption per Section 15303 (a) (Staff- S. Padovan). 8.2 LANDS OF SIVADASAN AND VINOD; 12835 Deer Creek Lane; File #41-16- Approved July 7, 2016 8 Planning Commission Regular Meeting Minutes June 2, 2016 ZP-SD-GD; A request for a Site Development Permit for a new 5,476 square foot single story residence with a 2,345 square foot basement (Maximum height 25’6”) and swimming pool. CEQA review: Categorical Exemption per Section 15303 (a) & (e) (Staff- S. Avila). 8.3 LANDS OF IAN MCNISH TRUSTEE; 24183 Dawnridge Drive; File #439-15- ZP-SD-GD; A request for a Site Development Permit for a new 4,880 square foot two story residence with a 1,526 square foot basement (Maximum height 26’). CEQA review: Categorical Exemption per Section 15303 (a) (Staff- G. Fernandez). 8.4 LANDS OF GOOD MOODYS LLC; 25616 Moody Road; File #14-16-ZP-SD- GD; A request for a Site Development Permit for a new 5,021 square foot residence (Maximum height 27’). The project will include the dedication of an open space easement over the creek at the rear of the property. CEQA review: Categorical Exemption per Section 15303(a) (Staff- S. Padovan). Nabuko Cleary, Los Altos Hills, requested to speak about Item 8.1 as she was concerned about the property's development, and requested the Commission help enforce construction hours and safety around this project. 9. REPORTS FROM SITE DEVELOPMENT MEETINGS - none 10. ADJOURNMENT The meeting adjourned at 10:35 P.M. Respectfully submitted, Jaime L. McAvoy Jaime L. McAvoy M.A. Planning Secretary The minutes for the June 2, 2016 Regular Planning Commission meeting were approved, with corrections, on July 7, 2016.