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HomeMy WebLinkAbout12/01/2016 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, December 01, 2016, 7:00 PM Council Chambers, 26379 Fremont Road ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Couperus, Commissioner Basiji, Commissioner Mandle, Commissioner Partridge, Chair Tankha Absent: None Staff: Planning Director Suzanne Avila, Consultant Planner Steve Padovan, Administrative Technician Frances Reed 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS Ex parte disclosures: Commissioner Couperus said he met with Applicants Rabkin and Vandergriff, Nancy Couperus, and Commissioner Basiji. Commissioner Partridge said he met with Applicants Rabkin and Vandergriff and their architect. Commissioner Mandle said she met with Jodie Vandergriff, Nancy Couperus, and Applicant Linda Seidel. Commissioner Basiji said he met with Commissioner Couperus and Applicants Rabkin and Vandergriff. Chair Tankha said she met with Applicants Rabkin and Vandergriff. 3.1 LANDS OF RABKIN AND VANDERGRIFF; 24990 LA LOMA DRIVE; A Request to Modify a Condition of Approval for a Site Development Permit for An Addition and Remodel and New Pool to Change the Boundary of a Required Open Space Easement; File #188-16-ZP-SD (Staff: S. Avila) 1 Regular Planning Commission Meeting Minutes December 1, 2017 Planning Director Suzanne Avila presented the staff report. Commission discussion ensued. Commissioner Couperus asked about the location of the creek in proximity to the property. Director Avila clarified that the creek is at the bottom of the site. The property line tapers off at the tree line, goes into the ravine and that is where the creek is located. Chair Tankha asked for clarification on the drawings depicting slope percentage. Director Avila explained that the green areas represent a thirty percent slope or greater while the white area is less than thirty percent. Commissioner Basiji asked whether a topographic map was available. Director Avila circulated the topographic map. Chair Tankha inquired about the current curved fence staying in the same location. Director Avila explained the action that the Planning Commission could take on the fence location. Commissioner Mandle referenced the last attachment of the staff report and asked whether the trees were heritage oak trees. Director Avila confirmed they were. Chair Tankha opened the PUBLIC HEARING. Applicants Steve Rabkin and Jody Vandergriff and their architect, Steve Borlik, presented the Commission with additional handouts and spoke in favor of their project. Commissioner Partridge asked whether easements were recorded and asked how an easement along an existing fence line would be recorded. Director Avila explained that legal and plat exhibits are prepared along with an open space easement agreement. She explained that the civil engineer would create exhibits that would include the legal written description and a plat showing the easement boundary. Mr. Borlik stated that Lea & Braze would define the area geometrically. Commissioner Mandle referenced back to the original exhibits at the end of the staff report and asked for clarification regarding the proposed boundary line. Mr. Borlik explained that the green line was being proposed whereas the red line was the location where the thirty percent slope begins. Kit Gordon, Co-Chair of the Los Altos Hills Open Space Committee, spoke in favor of keeping the recommended easement boundary. 2 Regular Planning Commission Meeting Minutes December 1, 2017 Commissioner Partridge asked whether the easements in question were adjoining. Ms. Gordon stated they were not. Commissioner Basiji asked whether moving the fence to the proposed location compromised the open space and habitat value. Ms. Gordon stated it would. Commissioner Basiji further inquired about a wildlife friendly fence to which Ms. Gordon replied that it would still have an impact on the open space value. Chair Tankha asked whether the existing fence was currently compromising the open space easement. Ms. Gordon said the existing fence is wildlife friendly and that the issue in question is the boundary of the easement. Chair Tankha asked staff about the possibility of having the fence where the applicants are proposing and still protecting the oak grove trees. Director Avila explained that the trees with a diameter smaller than twelve inches could possibly be removed without approval if the applicant chose to remove them. To prevent their removal they would need to be protected by an easement. Ms. Vandergriff explained that their proposal keeps the majority of the trees in the area of the easement. Chair Tankha asked for the number of mature heritage oak trees that would be outside of the easement boundary line. Ms. Vandergriff stated two mature heritage oak trees and a couple of smaller trees. Ms. Gordon estimated three to four mature heritage oak trees. Commissioner Partridge noted that when visiting the property it did not strike him as the usual space for a proposed easement. Ms. Gordon said this was how the Committee usually applied open space easements. George Clifford, Open Space Committee, spoke in favor of the Open Space Committee's recommendations. Chair Tankha asked how the easement distance was being calculated. Ms. Gordon explained that there was no calculation done and that proposals are based on habitat value. Nancy Couperus, Open Space Committee, spoke in favor of the open space easement. Carol Gotllieb, Environmental Design and Protection Committee, spoke in favor of the open space easement. Ms. Vandergriff and Mr. Borlik responded to public comments. Chair Tankha closed the PUBLIC HEARING. 3 Regular Planning Commission Meeting Minutes December 1, 2017 Commission discussion ensued. Commissioner Mandle saw a conflict between two points of views both of which were very well intentioned. She stated that the open space easement is defined by a number of characteristics, one being environmentally sensitive areas that are open to interpretation. Further, she said there is an added complication of recording this easement. She stated her belief that the Open Space Committee did their best to find an easily recordable line that protected the entirety of the environmentally sensitive area. She said she is willing to consider a proposed line that protects all the oak trees and is recordable. Commissioner Partridge noted his reservations with the location of the easement line the Open Space Committee proposed. He said he would like to see the line pushed closer to where the applicant proposed, and believed that there is room for compromise. He would like to find a way of protecting habitat while also working with the owner to satisfy their needs. Commissioner Couperus expressed concern of setting a precedent regarding consistency, short term versus long term needs, and the need for a useful backyard. He presented a possible compromise for a line to include decent trees inside the backyard and still maintain substantial oaks in the open space easement. Commissioner Basiji agreed that this is a challenging issue. He did not observe the number of heritage oak trees that were claimed to be on the property side of the line. After his site visit he believed the limits of the open space as defined are further than they should be. Chair Tankha expressed her appreciation for the work done by the Open Space Committee. She found that the current fence line followed a natural placement to locate an open space easement. She felt that the new line drawn by the Open Space Committee seemed to be over reaching. She stated that the present line and fence as they stand does a great job of protecting this heavily forested area. She said she was open to extending the boundary a small portion to ensure the couple of oak trees outside of the easement are protected as well. Chair Tankha asked for clarification regarding the location of the six identified oak trees that lie outside of the easement boundary. Director Avila and Commissioner Mandle explained the varying distances using the one inch scale and explained that they remain protected heritage oak trees. Chair Tankha also inquired about the possibility of keeping the fence as a line while protecting the smaller trees. Director Avila stated that allowing the fence within the easement is a viable option. 4 Regular Planning Commission Meeting Minutes December 1, 2017 Commissioner Couperus said his issue with the proposed easement boundary line is the fact that it is not a straight line which in turn would be a problem to record. He said his ideal scenario would not follow a straight line. Chair Tankha added that she agreed with the proposed line. Commissioner Basiji stated that many volunteer oak trees do not survive and he thought this should be taken into account. Commissioner Mandle explained that most of the trees in question have an eight inch diameter or larger, therefore survival of the trees should not be a defining factor. Commissioner Couperus agreed with Commissioner Basiji regarding the growth of planted oak trees versus voluntary oak trees. Commissioner Mandle said that she is not in favor of the proposed fence or easement line. She would like to see a line in between the proposed options. She stated that she could either support a fence within the edge of the open space easement or an open space easement that does not include the full drip line of the heritage oak trees. Chair Tankha said that the fence, as is, allowed the applicants to have access to the flat part of their property and she did not see the need to impose further restraints on them. Commissioner Partridge enumerated all the options. He stated that the first option was to accept the Open Space Committee's recommendations; second, the Commission could accept the grandfathered fence; third, approving the applicant’s proposal which follows the current fence line; and lastly, a compromise between both lines such as the one Commissioner Couperus suggested. Commissioner Couperus further specified on grandfathering the fence in its current location with the proviso that the fence be of a certain type of material. Ms. Vandergriff expressed her confusion on whether wild life or the heritage oak trees were the concern with the proposal. Commissioner Couperus confirmed that both were a matter of concern. Chair Tankha expressed her opposition for the proposed open space easement line from the Open Space Committee. Commissioner Basiji said the stipulation of fence material that Commissioner Couperus suggested was something he would have brought to the attention of the Commission and applicants as well. 5 Regular Planning Commission Meeting Minutes December 1, 2017 Commissioner Couperus clarified that the purpose of the fence is not to keep wild life out of the property but to keep the house pets and family separate from harmful matter such as poison oak. Ms. Vandergriff said she needed time to discuss the options, such as fence height, during a break in the meeting or at a later date and bring the proposal back to the Commission. Chair Tankha motioned for a recess at 8:29 p.m. The meeting reconvened to open session at 8:37 p.m. Chair Tankha re-opened the PUBLIC HEARING. Ms. Vandergriff said they were in agreement with an unobtrusive fence approximately five feet tall. She inquired about keeping the fence in the current location but moving the easement to make it more of a circle in order to encompass the trees and larger slope on either side while bringing the middle of the property back towards the fence. Commissioner Couperus said the idea of having more of a curved line appealed to him. Chair Tankha closed the PUBLIC HEARING. Commission discussion ensued. MOTION MADE AND SECONDED: Commissioner Mandle moved to direct staff to work with applicant to keep the open space easement as defined by the Open Space Committee allowing a grandfathered fence within the easement with a maximum height of 4.5 feet, visually open construction, and to extend no further than the exiting fence into the open space easement. The motion was seconded by Commissioner Partridge. Motion Carried 3-2: AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge NOES: Commissioner Basiji, Chair Tankha ABSENT: None ABSTAIN: None 6 Regular Planning Commission Meeting Minutes December 1, 2017 3.2 LANDS OF SEIDEL; 26642 PURISSIMA ROAD; A Request for a Site Development Permit for a Landscape Screening Plan for a Previously Approved Secondary Dwelling Unit; File #324-13-ZP-SD; CEQA review: Categorical Exemption per Section 15304 (b) - new landscaping (Staff: S. Padovan) Planning Consultant Steve Padovan presented the staff report. He noted that the applicant was not present. Commission discussion ensued. The Commission asked questions of staff and received responses. Chair Tankha opened the PUBLIC HEARING. Robert Wheatley, Los Altos Hills, spoke against the project. Chair Tankha asked Mr. Wheatley about his desire for more screening. Mr. Wheatley explained he would like to see more screening on the engineered slope. Discussion regarding legality, placement, and color of the unit ensued. Director Avila clarified that the unit is in compliance with all Town ordinances and building codes. Commissioner Partridge asked whether the General Plan required construction to fit in with the surrounding landscape. Mr. Padovan explained that second units needed to match the existing house and that this unit did. He said the Town could not deny a second unit by state law and although the Town required it to be unobtrusive, the current location of the unit was one of the few viable places to put it on the property, any other location being just as visible. Commissioner Couperus agreed there was no other location for the second unit. Chair Tankha asked whether the unit followed Town regulations on color and reflectivity. Mr. Padovan said he was not supplied with the exact color but on his site visit he matched it to a sample that met the color and reflectivity condition. Commissioner Basiji asked whether neighbors had a vote or opinion that would impact the nature of the construction. Mr. Padovan clarified that it is permitted administratively by state law. Commissioner Basiji then asked if neighbors had a right to dictate the type of landscaping that would help mitigate the appearance of the property. Mr. Padovan said the reason for bringing the issue to the Commission was to allow the neighbors to voice their concerns and come to an understanding. Chair Tankha expressed her concern with the lack of involvement from the homeowner. Further, she stated her dissatisfaction with staff and neighbors having 7 Regular Planning Commission Meeting Minutes December 1, 2017 to provide the applicant with landscape screening options instead of her submitting an actual landscape screening plan as per usual. Chair Tankha and Commissioner Partridge asked staff if it was possible to require the applicant to hire a professional landscape architect. Director Avila explained that a stipulation of that kind would be more appropriate for a new residence. Commissioner Couperus and Commissioner Mandle agreed. Commissioner Basiji reiterated the need for a professional landscape architect and asked staff if it was possible to require that the plans be done at a professional level. Mr. Padovan said the Commission could impose any requirement it deemed necessary. Lisa Wheatley, Los Altos Hills, spoke against the project. She asked for more screening and larger plants. Angela Yen-Pace, Los Altos Hills, spoke against the project and disputed the reflectivity value. She stated that the structure was in violation of Article 8 of the Municipal Code. Commissioner Couperus asked how Ms. Yen-Pace identified the LRV. She said she took a close photo of the building. Commissioner Couperus would like to make the owner aware of this high reflectivity value the neighbors calculated. Commissioner Mandle asked Ms. Yen-Pace whether she had a preference on the type of trees she would like to see. Ms. Yen-Pace responded that plant size is what she is most concerned about. Timothy Tang, Los Altos Hills, spoke against the project. He stated his concerns of drainage and soil stability. Staff confirmed that engineering requirements have been met. Sharon Barkoff, Los Altos Hills, spoke against the project. Anna Yen, Los Altos Hills, spoke against the project. Rajiv Patel, Los Altos Hills, stated his agreement with fellow neighbors and spoke against the project. Chair Tankha closed the PUBLIC HEARING. Commission discussion ensued. 8 Regular Planning Commission Meeting Minutes December 1, 2017 Commissioner Couperus said that the Commission is faced with what to do with the second unit in its current condition. He suggested that more detail on an adequate landscape screening plan be created by a professional. Commissioner Partridge agreed with Commissioner Couperus, but was unsure what requirements could be imposed. Commissioner Mandle said the project is in need of a landscape architect and it should be a requirement in order to identify the site lines and to better address the concerns of the neighbors. Commissioner Basiji agreed with previous statements from the other Commissioners. He stated that any plan created by a professional landscape architect should meet the neighbor’s approval. Chair Tankha agreed with all that was previously said. She stated that it is in the best interest of the neighborhood that any landscape screening plan be created by a licensed landscape architect. Further, she would like staff to reexamine the reflectivity value of the unit to insure it complies with Town requirements. Commissioner Couperus noted that a landscape architect should be required due to the egregious situation at hand and not because the Commission only approved plans that were created by a licensed architect. MOTION MADE AND SECONDED: Chair Tankha moved to continue item to a later agenda date, with the provisions that the applicant create a detailed landscape screening plan, prepared by a licensed landscape architect due to the visual impact of the secondary dwelling on the neighborhood. Additionally, the licensed landscape architect must work with neighborhood to ensure their concerns are taken into account. The motion was seconded by Commissioner Basiji. Motion Carried 5-0: AYES: Commissioner Couperus, Commissioner Basiji, Commissioner Mandle, Commissioner Partridge, Chair Tankha NOES: None ABSENT: None ABSTAIN: None 9 Regular Planning Commission Meeting Minutes December 1, 2017 3.3 INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 1 THROUGH 1.11 OF TITLE VIII (BUILDING REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL CODE and adopting by reference the 2016 California Building Standards Code, including but not limited to Administrative, Building, Residential Building, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, California Green Building and Referenced Standards, including local modifications and amendments to the codes; File #365-16-MISC (Staff: S. Padovan) Planning Consultant Steve Padovan presented the staff report. Commission discussion ensued. Commission asked questions of staff and received responses. Commissioner Couperus said he would bring a report on metal seamed roofs to the next Planning Commission meeting. Commissioner Mandle stated a strong opposition to eliminating the Wildland Urban Interface (WUI), therefore opposed changes. MOTION MADE AND SECONDED: Commissioner Couperus moved to recommend that City Council adopt AN ORDINANCE AMENDING CHAPTERS 1 THROUGH 1.11 OF TITLE VIII (BUILDING REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL CODE and adopting by reference the 2016 California Building Standards Code, including but not limited to Administrative, Building, Residential Building, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, California Green Building and Referenced Standards, including local modifications and amendments to the codes, with modifications in recognition of the Cal Fire high fire danger area. The motion was seconded by Commissioner Mandle. Motion Carried 5-0: AYES: Commissioner Couperus, Commissioner Basiji, Commissioner Mandle, Commissioner Partridge, Chair Tankha NOES: None ABSENT: None ABSTAIN: None 4. OLD BUSINESS - None 10 Regular Planning Commission Meeting Minutes December 1, 2017 5. NEW BUSINESS - None 6. REPORTS FROM THE CITY COUNCIL MEETINGS Staff will reschedule the next Planning Commission Meeting to Thursday, January 19, 2017. 6.1 Planning Commission Representative for November 17 – Commissioner Basiji Commissioner Basiji reported on the November 17, 2017 City Council Meeting. A detailed written summary was distributed to the Planning Commission prior to the meeting. 6.2 Planning Commission Representative for December 15 – Commissioner Partridge 6.3 Planning Commission Representative for January 25 (New Date) – Chair Tankha 6.4 Planning Commission Representative for February 16 – Commissioner Mandle 6.5 Planning Commission Representative for March 16 – Commissioner Couperus 7. APPROVAL OF MINUTES - None 8 REPORTS FROM FAST TRACK MEETINGS – None 9. REPORTS FROM SITE DEVELOPMENT MEETINGS – OCTOBER 9.1 LANDS OF LIU AND FAN; 25961 Vinedo Lane; File #233-16-ZP-SD; A request for a Site Development Permit for a landscape screening plan and fencing for a previously approved new residence. CEQA review: Categorical Exemption per Section 15304 (b) - new landscaping; (Staff: M. Moseley) 9.2 LANDS OF LOUGHLIN; 13350 Burke Road; File #285-16-ZP-SD; A request for a Site Development Permit for a landscape screening plan, driveway gate and fencing for a previously approved new residence. CEQA review: Categorical Exemption per Section 15304 (b) - new landscaping (Staff: S. Padovan) 10. ADJOURNMENT The meeting adjourned at 11:05 p.m. 11 Regular Planning Commission Meeting Minutes December 1, 2017 Respectfully submitted, Veronica Flores Veronica Flores Administrative Technician The minutes of the December 1, 2016 regular Planning Commission meeting were as corrected at the March 2, 2017 regular Planning Commission meeting. 12 Regular Planning Commission Meeting Minutes December 1, 2017