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HomeMy WebLinkAbout01/10/2019Approved February 7, 2019 1 Special Planning Commission Meeting January 10, 2019 Minutes of a Special Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, January 10, 2019, 7:00 PM Council Chambers, 26379 Fremont Road, Los Altos Hills, CA ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Absent: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Commissioner Abraham, Chair Mandle None Staff: Planning Director Suzanne Avila, Principal Planner Steve Padovan, Planning Technician Cody Einfalt 2. PRESENTATIONS FROM THE FLOOR Chair Mandle opened Presentations from the Floor. Seeing no one wishing to speak, she closed Presentations from the Floor. 3. PUBLIC HEARINGS EX PARTE: Commissioner Smith said he spoke with Natalie Forood and Birgitta Indaco. Commissioner Couperus said he spoke with Birgitta Indaco and Judy Nagy. Commissioner Patel said he spoke with Birgitta Indaco and Natalie Forood. Commissioner Abraham said he spoke with Natalie Forood. Chair Mandle said she spoke with Nancy Couperus, Carol Gottlieb, Natalie Forood, Birgitta Indaco, and Kit Gordon. 3.1 LANDS OF KLEIDON AND LI; 25380 Becky Lane; File #VAR18-0004; A request for a Variance for a seven (7) foot high, solid wood fence in the rear yard setback along the Moody Road frontage in conjunction with the construction of a single-family residence. CEQA review: Categorical Exemption per Section 15303(e) - construction of a new fence. (Staff-Steve Padovan). Chair Mandle read aloud the instructions for the public hearing and opened the PUBLIC HEARING. Steve Padovan, Principal Planner, presented the staff report. The Commission asked questions and received responses. Approved February 7, 2019 2 Special Planning Commission Meeting January 10, 2019 Commissioner Patel asked a question regarding the placement of other fences on the property. Mr. Padovan explained that there are other fences on the property, but the Town has no records of their approval. Commissioner Patel asked how the Town handles these types of situations, specifically dealing with noncompliant fences. Suzanne Avila, Planning Director, explained that the Town accepts homes that were built prior to incorporation or when annexed as they stand. She said that some of these homes may have had fences built legally under County regulations that no longer comply to the Town's current fence ordinance. She stated that enforcement is complaint-driven and staff does not drive around looking for noncompliant structures. Commissioner Smith asked how the proposed fence would interface with the building code for pools. Mr. Padovan explained the various ways that a pool can be fenced off to comply with the California Building Code. Commissioner Couperus asked when the current fence ordinance was enacted. He stated that he was concerned that if the Commission allowed this variance, it would set a precedent for future variance requests for existing nonconforming fences wishing to be rebuilt. Mr. Padovan stated he believes the fence ordinance was adopted in 2004. He explained the process that staff uses to research nonconforming fences to check their legality. Commissioner Patel spoke to the code enforcement process of handling nonconforming. He believes it is incorrect for the Town to wait for a complaint to come in to initiate enforcement action when staff has discovered a non- compliance during a project review. Commissioner Abraham asked staff about the frequency of fences getting approved for variances in the Town. Director Avila talked about past fence variance requests that the Town approved. She said that most of the approvals were granted for noise mitigation. Chair Mandle opened the floor for public comment. Stacey Olgado, project architect, spoke of the contours of the property and the reasons for a taller fence. The Town only allows a four-foot fence in the location, Approved February 7, 2019 3 Special Planning Commission Meeting January 10, 2019 so a variance is required. She said that at four-feet tall, the fence would not be able to be seen from the house. Commissioner Abraham asked for more clarification on the grade of the property. Ms. Olgado explained that if an individual was standing at the house and looking towards the property line, a permitted four-foot fence would not be able to be seen due to the downward slope of the grade. Commissioner Patel asked Ms. Olgado why the variance request came separate from the landscape screening proposal. Ms. Olgado explained that the project is currently under construction and the fence would improve security of the jobsite. Commissioner Patel stated that it would have been a stronger proposal if the variance request came with the landscape plan. He said that if he were to consider approving the fence variance, he would like to see additional trees that could screen the large fence. Ms. Olgado said that there is intent to screen the fence on both sides. She added that the fence would provide sound mitigation for the traffic along Moody Road. Greg Loomis, neighbor, said he visited the site and in his opinion the proposed fence would not be obtrusive to pedestrians on the street. He said that noise mitigation and security are some of the many concerns for residents in the Town and a taller fence would help mitigate both of those problems. Carol Gottlieb, Los Altos Hills, stated that the Town was founded on the bases of being an open community. She said that if the applicant wants a six-foot fence, they could push back from the proposed location to be in conformance with the fence ordinance. Chair Mandle closed the PUBLIC HEARING. Commissioner Abraham stated that he could not make the findings for the fence variance. He stated that he would not approve a six or seven foot fence. Commissioner Smith stated that he had no comment. Commissioner Couperus spoke about fences and how they relate to sound mitigation and security. He said that a four-foot fence closer to the main residence would provide better sound mitigation than the seven foot fence in the location that is proposed. He added that plants and trees are better for sound mitigation than a fence. He stated hedges and trees also provide better security to burglars trying to access a property. Approved February 7, 2019 4 Special Planning Commission Meeting January 10, 2019 Chair Mandle called a 5-minute recess at 7:40 PM The Commission reconvened at 7:45 PM Commissioner Patel stated he had no comments to add. Commissioner Mandle stated that she is agreement with her fellow Commissioners. She said that fences are a poor solution to sound mitigation. The applicant should follow the fence ordinance adopted by the Town. She explained that the ordinance allows for variation in the types of fences permitted (i.e. open style/ solid-face). She could not make the findings for the variance request. MOTION MADE AND SECONDED: Commissioner Couperus moved to deny the proposed fence height variance subject to the findings in Attachment 1. The motion was seconded by Commissioner Abraham. MOTION CARRIED: 5-0 AYES: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Commissioner Abraham, Chair Mandle NOES: None ABSENT: None ABSTAIN: None 3.2 LANDS OF TANEJA; 13685 La Paloma Road; File #434-17-ZP-SD; A request for a Site Development Permit for landscape screening plans for a previously approved single-family residence. CEQA review: Categorical Exemption per Section 15304(b) - new gardening and landscaping. (Staff-Steve Padovan). Chair Mandle opened the PUBLIC HEARING. Steve Padovan, Principal Planner, presented the staff report. The Commission asked questions and received responses. Commissioner Abraham asked a question about the existing screening onsite and whether specific vegetation on the plans were proposed to remain or be removed. He said that redwood and pines trees raise concern for possible fire danger and that the Town has stricter rules than the State when it comes to fire protection. He asked if staff looked into the proposed screening from a Town ordinance perspective. Approved February 7, 2019 5 Special Planning Commission Meeting January 10, 2019 Mr. Padovan explained which trees were proposed to remain and explained the Town's recommendation for creating a defensible space on a property. Commissioner Abraham said he does not think the existing screening is in line with current fire regulation. He stated that redwoods grow too large for residential properties, use too much water, and cause a concern of potential fire hazards for future land owners. Mr. Padovan explained that the property is removing eucalyptus trees and dead trees to create a defensible space between the vegetation and the house. He spoke of redwood trees and the positive and negative aspects they bring when planted. Commissioner Couperus asked about the proposed olive trees on the site. Mr. Padovan clarified the number of trees that are proposed. Commissioner Patel asked about the difference between the plan sets that were submitted to Town. He said there was conflicting information and he wondered which one was correct. Specifically, he asked staff about the height of the fence proposed on the property line. Mr. Padovan clarified that the proposed fence is four feet tall. He said that there is a recommended condition that will limit the maximum height of the fence. Commissioner Patel said he noticed that each entrance had two wall sconces. He asked how may lights are allowed per entrance by Town code. Director Avila stated that single doors are required to have one light per the California Building Code and double doors can have two. Commissioner Smith stated that the olive trees proposed will not grow high enough to screen the house. He said that other types of trees, such as redwoods, would do a better job to provide immediate screening to the residence. Mr. Padovan explained that staff would not recommend redwoods due to their size and water consumption. Director Avila stated that redwoods require additional water because they are not native to this area of California. She said that the goal is to incorporate plants that have a low water usage. Commission discussion ensued regarding staff’s recommendation of lighting and proposed screening. Chair Mandle opened the floor to public comment. Approved February 7, 2019 6 Special Planning Commission Meeting January 10, 2019 Natalie Forood, General Contractor, stated that she shared the landscaping plan with the neighbors and that it complies to all Town's requirements. She said that sufficiently screening a property is a neighborhood effort and her project should not all be held accountable for poor screening constructed on neighboring properties. She said that her clients wanted to incorporate as many olive trees as possible in the plans. She spoke of the neighborhood concern for her clients backing out of the newly configured driveway. She explained that the private roadway is owned by the Taneja’s and they have given all the neighbors access to use that road over the years. She said the Taneja’s have just as much of a right to use that driveway as anyone else. She spoke about the neighbors' water lines and explained that her clients have offered to replace them with better piping and include a tracing wire to help stop damage in the future. She said that she would like the neighbors to stop trespassing on to the property. Commissioner Patel asked about the additional wiring for lights being proposed on the plans. Ms. Forood clarified that the difference between the lights in the setback and the lights on the house. She explained the extent of lights that would be visible from the street. Commissioner Abraham asked for more detail on the proposed lights. He asked if the bulb would be shielded and if the glass in the light fixture would be frosted. Ms. Forood explained the lighting specifications and said that she already had them approved by the Planning Department prior to the meeting that evening. Chair Mandle asked for clarification as to why there were four lights proposed in the set back. Ms. Forood explained that two are lights for a column and two were pathway lights. Commissioner Abraham asked her for more detail into the pathway lights proposed. Ms. Forood explained the reasons why the home owners are asking for more pathway lights leading up to the house. Commissioner Patel said his concern was to provide immediate screening for the new residence. He stated that smaller plants can take years to grow to their desired height. He said that the olive trees would not provide adequate screening for roughly five years and that the project should look into planting other types of trees that will grow larger. Director Avila stated that the Town does require trees of a 24-inch box size and the applicant is proposing trees of a 36-inch box size. Chair Mandle opened the floor to public comment. Approved February 7, 2019 7 Special Planning Commission Meeting January 10, 2019 Tao Li, neighbor, said that she is concerned about screening. She said she would like the screening to be sufficient enough to screen the second floor windows and balconies. She agreed with the Commissioners that olive trees would not grow fast enough. Birgitta Indaco, neighbor, presented pictures showing the view from her house before constructed started and the current conditions on site. She said that redwoods would be the best option for screening purposes. She also had concern about the amount of exterior lights because the olive trees would not screen the lights. She requested that the Commission save the oak tree on the property. Don Mattson, neighbor, spoke about the broken water lines and the driveway issues. He said he would like a turnaround installed on the property so that the homeowners would not have to back out of the driveway. Judy Nagy, neighbor, spoke about her concern of the active wildlife corridor on in the neighborhood. She explained that the new residence should install a pathway for the deer to pass through. She also spoke of the driveway and the danger of backing out of the property. Mark Krammer, neighbor, stated that there is a high amount of traffic in the neighborhood and a back-out driveway is an accident waiting to happen. Robert Mowat, landscape architect of the Lands of Lee, said that there is an existing partnership with the Lands of Taneja for how to screen the two properties adequately. Carol Gottlieb, Environmental Design and Protection Committee, said that the committee does not like that there is a walkway crossing the pathway. She said that pathways should remain unobstructed. The Committee had concern about the steepness of the driveway and recommended that there should be a railing installed. She said that the Committee recommends Sequoia, Chinese Elms, or Oak trees for the best screening of the house. Further, the Committee would like to see a wildlife corridor on the property and that heritage oak tree should be protected. Ms. Forood responded to the comments made by the public. She explained that she would like to see the Wangs’ screening plan (across the street neighbor) to see how they are going to screen their property. She stated that the oak tree she removed on the property was done legally with an approved permit from the Planning Department. She spoke of her solutions to the broken water line problem and ideas to decrease the danger of backing out of the driveway. Commissioner Abraham asked where the previous driveway was located before the new residence was built. Approved February 7, 2019 8 Special Planning Commission Meeting January 10, 2019 Mr. Padovan clarified that the original driveway and new driveway are located on the same street frontage. Commissioner Mandle asked which water line was broken during the construction. Ms. Forood stated that it was the main water line. Chair Mandle closed the PUBLIC HEARING. Commissioner Abraham stated that he believes the applicant and staff have tried their best to satisfy the neighbors. He said that any development along La Paloma always raises unique concerns. He would not support planting redwood trees because they use lots of water and grow to large sizes that can cause trouble in the future for the property owner and their neighbors. He would like to see the existing redwood trees on the property removed. The oak trees would be a better choice for screening purposes. He expressed concern about the additional exterior lights on the property and does not think they are necessary. He did not believe the driveway is an issue. Commissioner Patel said that when an applicant maxes out their floor area and development area and then proposed a lot of screening, it causes problems. He said that because the house has been maxed out there is no room for a driveway turn around. Redwood trees take a lot of water, but they are one of the only trees that will grow tall enough to screen the property. He explained that olive trees will not complete the job. A railing near the driveway would be a good decision to maintain safety for the current homeowners. He said that the Wang's property is inadequately screened and should be fixed. Commissioner Smith said he would be in favor or redwoods because they will grow to a desirable height for this property. He added that if his fellow Commissioners do not like redwoods they should consider evergreen trees to achieve the desired screening. Commissioner Couperus stated that one of the problems with development in the Town is maxing out the development area, which limits the property in the future. He spoke of redwoods and how they operate in certain terrain. He stated that olive trees are inadequate to screen a two-story house and this house needs larger trees to screen the house properly. This house has a lot of lights and they must be screened, and the property needs a wildlife corridor for deer to pass. Further, the air conditioners need to have sound mitigation because they are close to the setback. Driveways which access roads at right angles require a larger line of sight and the new driveway could cause problems in the future. Sconces will light up the wall they are on and he is far more favorable to spotlights that aim light towards the ground. Approved February 7, 2019 9 Special Planning Commission Meeting January 10, 2019 Chair Mandle stated that this property is an example of why the Town's Fast Track Guidelines need to be updated. It is the responsibility of the homeowner to prove adequate screening of their own property and this project needs to be sufficiently screened as soon as possible. She is not a fan of redwoods, but in this circumstance, redwoods would be acceptable to screen the property. Even oak trees are better than olive trees for screening purposes. She stated she cannot approve more lights. She said she can currently count 12 exterior lights and that the project is not consistent with the General Plan Policies. She does support the railing idea for the driveway and a wildlife corridor of three feet wide for the deer. She said that the air conditioner units will need to be screened for sound and visual mitigation. MOTION MADE AND SECONDED: Commissioner Patel moved to continue the item to February 7, 2019 with the added conditions that the applicant provides a three-foot wide wildlife corridor by moving the fence on the east side of the property, installing taller trees (rather than olive trees) such as redwood trees, using larger olive trees of a 48 inch box size and possibly reducing the number of olive trees to four, providing sound mitigation for the air conditioner condensers, removing all newly proposed lighting that was not approved with the building permit for the new residence, and including the recommendations for screening as provided by staff. The motion was seconded by Commissioner Couperus. MOTION CARRIED: 5-0 AYES: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Commissioner Abraham, Chair Mandle NOES: None ABSENT: None ABSTAIN: None 3.3 LANDS OF BERINGER; 10850 West Loyola Road; File #CDP18 -0001; A request for Conditional Development and Site Development Permits for a new pool and a new driveway access for a previously approved reconstruction of an existing residence. CEQA review: Categorical Exemption per Section 15303(e) - construction of a limited number of new structures. (Staff-Steve Padovan). Chair Mandle opened the PUBLIC HEARING. Steve Padovan presented the staff report. He explained that staff does not support the fire department's request for a fire truck turnaround due to the limit scope of work for the project. Staff is in favor of an open space easement dedication. Approved February 7, 2019 10 Special Planning Commission Meeting January 10, 2019 The Commission asked questions and received responses. Commissioner Patel asked why the lights were only on one side of the driveway. Mr. Padovan stated that it is because the driveway drops off on one side and the lights are for being used to show where the drop starts. Chair Mandle asked clarification on what easements are on the property and how they related to the project. Staff clarified the easements. Commissioner Patel asked about the existing and proposed fencing on the property. Mr. Padovan explained where the existing fencing is on the property and where new fencing is proposed for the project. Chair Mandle opened the floor to the applicant. Randy Thueme, Landscape Architect, spoke about the open space easement proposed on the property. He spoke of the existing site conditions and the intent of the work that is proposed on the site. He stated that the intent behind the double fencing was to keep deer out. He explained that due to Town's fence ordinance, they could not build a six-foot tall fence near the property line. To fix this issue, the applicant is proposing to build two, four-feet fences four feet apart. He explained that parallel fences stop deer from jumping over. The overall project has minimum impact to passing neighbors from the public right of way because all the work is below grade from street level. The driveway lights could be controlled by a switch only to be activated when needed. Chair Mandle asked about three oak trees on the property and if the applicant has been using good tree protection practices to protect their driplines. Mr. Thueme stated that all issues with tree protection have been fixed. Venessa Lam, neighbor, stated she has two concerns. She said she would like to know the intention for the proposed swimming pool. She said she was concerned about large amounts of noise and light that may come from the pool and wanted to know how the owner planned to mitigate these potential nuisances. She stated she was also concerned how long the construction would last. Carol Gottlieb, Environmental Design and Protection Committee, said that the Committee would not like to see european sage planted under any of the oak trees. She explained that wetland plants do not function well under oak trees. Mr. Thueme spoke of a property line misunderstanding between the neighbors and explained the intention of the pool. Approved February 7, 2019 11 Special Planning Commission Meeting January 10, 2019 Chair Mandle closed the PUBLIC HEARING. Commissioner Patel said that this was a simple project and that he did not have too many concerns. He said generally the Town does not allow upward directed lights and he would be in favor of removing them from the project. He said that he agrees with staff that the fire truck turnaround should not be required for the scope of the proposed work. He said that the 333-elevation line is an okay line to use for the open space easement dedication. Commissioner Abraham stated that this is a wonderful project updating an older house and he supports the proposed work. He said that the up lighting is a small concern but that it does not seem a large enough issue to chase. He agreed with the 333-contour line for the easement dedication. Commissioner Smith asked a question regarding the foundation support that would be needed for the pool. He had concerns about the steepness of the lot and how the pool would be located into the hillside. Mr. Padovan explained the review that was conducted by the Town's geotechnical consultant and the recommendation was included in the conditions of approval. Commissioner Couperus spoke in approval of the project. He said that the lot is substandard and he was happy the floor area and development area was being reduced. He agrees that the fire department turnaround was unnecessary. Chair Mandle said she visited the property and agrees with her fellow Commissioners. Commissioner Patel stated that he loved the idea of using double fencing to keep animal wildlife out of a property. Mr. Padovan said that a row of fencing followed by a row of vegetation, such as hedges, can work just as effectively. Chair Mandle said she agrees with the staff's recommendations. She would like to see the up lights removed from the plans. She said that the Town does have a noise ordinance that the neighbors can use if the pool ends up becoming a sound issue in the future. MOTION MADE AND SECONDED: Commissioner Abraham moved to make the findings in Attachment 1 and approve the Conditional Development and Site Development Permits for a relocated driveway and new pool subject to the recommended conditions in Attachment 2. The motion was seconded by Commissioner Smith. MOTION CARRIED: 5-0 Approved February 7, 2019 12 Special Planning Commission Meeting January 10, 2019 AYES: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Commissioner Abraham, Chair Mandle NOES: None ABSENT: None ABSTAIN: None 4. OLD BUSINESS – None 5. NEW BUSINESS 5.1 PC recommendation to City Council regarding Fire Department requirements Commissioner Couperus spoke of the growing concern in the Planning Commission regarding the fire department's requirements for driveway improvements. He said that he wrote a draft letter to the City Council explaining the problems the Commission is facing. He asked his fellow Commissioners if they had any comments on the letter. Chair Mandle stated she helped Commissioner Couperus write the letter and she wants it to be sent to the City Council. Commissioner Patel stated that he approves of the letter and thinks it a good start to handling the issue. Commissioner Smith said he was curious of how many homes are potentially affected by the fire department's requirements. Commissioner Couperus stated that he counted 18 homes on a single road in Town that could be affected by the fire department requirement. He spoke about the difference between public and private roads and how they could be affected by this regulation. Commissioner Abraham stated that he was in favor of the letter. He said that he would suggest a reconvening of the Town's building code subcommittee to handle issues like this when they arise. MOTION MADE AND SECONDED: Commissioner Couperus moved to send the letter to the City Council signed by all the Commissioners. The motion was seconded by Commissioner Smith. MOTION CARRIED: 5-0 Approved February 7, 2019 13 Special Planning Commission Meeting January 10, 2019 AYES: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Commissioner Abraham, Chair Mandle NOES: None ABSENT: None ABSTAIN: None 5.2 Appoint Commissioner to Subdivision Committee for new application Director Avila introduced the subdivision application to the commission. Chair Mandle stated she would like to be the Commissioner on the subdivision. Chair Mandle then discussed the quarterly meeting that occurred with the Planning Staff. She said she learned the four ways people can report violations around Town. She explained that people can call in a violation over the phone, come into town hall and report the violation in person, or submit the violation in either of Town’s two systems: See-Click-Fix or eTRAKiT. Commissioner Patel said there should be a discussion on how issues are reported and enforced around Town. 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for December 13 - Commissioner Couperus Commissioner Couperus reported on the City Council meeting. 6.2 Planning Commission Representative for January 31 - Commissioner Patel 6.3 Planning Commission Representative for February 21 - Commissioner Smith 6.4 Planning Commission Representative for March 21 - Chair Mandle 6.5 Planning Commission Representative for April 18 - Commissioner Abraham 7. APPROVAL OF MINUTES 7.1 Approval of December 6, 2018 - Regular Meeting Minutes Commissioner Abraham said that he would like to see more detail in the minutes. Approved February 7, 2019 14 Special Planning Commission Meeting January 10, 2019 MOTION MADE AND SECONDED: Commissioner Couperus moved to approve the December 6, 2018 Regular Meeting Minutes as corrected. The motion was seconded by Chair Mandle. MOTION CARRIED: 4-0-1 AYES: Commissioner Patel, Commissioner Couperus, Commissioner Smith, Chair Mandle NOES: None ABSENT: None ABSTAIN: Commissioner Abraham 8. REPORTS FROM SITE DEVELOPMENT MEETINGS - January 8 8.1 LANDS OF ZOU AND SU; 13112 Maple Leaf Drive; File #SD18-0038; A request for a Site Development Permit for landscape screening associated with a previously approved single-family residence. CEQA review: Categorical Exemption per Section 15304(b) - new gardening and landscaping. (Staff-Dylan Parker). 8.2 LANDS OF FIVE SEASONS PARTNERS, LLC; 26140 Robb Road; File #SD18 - 0037; A request for a Site Development Permit for landscape screening for a previously approved residence; CEQA review: Categorical Exemption per Section 15304(b) - New gardening or landscaping. (Staff - Jeremy Loh) 9. REPORTS FROM FAST TRACK MEETINGS - None 10. ADJOURNMENT The meeting adjourned at 10:57 PM. Respectfully Submitted, Cody Einfalt Planning Technician The minutes of the January 10th Special Planning Commission Meeting were approved as corrected at the February 7, 2019 Regular Planning Commission Meeting.