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HomeMy WebLinkAbout10/01/2020Approved November 5, 2020 1 Planning Commission Regular Meeting October 1, 2020 Minutes Town of Los Altos Hills Planning Commission Regular Meeting October 1, 2020 Minutes Council Chambers, 26379 Fremont Road, Los Altos Hills, California 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Via teleconference according to the Governor’s Executive Order N-29-20, Chair Patel called the Planning Commission meeting to order at 6:00 p.m. Present: Commissioner Smith, Commissioner Patel, Commissioner Indaco, Chair Couperus, Commissioner Waschura Staff: Planning Director Dahl, Principal Planner Padovan, Assistant Planner Loh, Assistant Planner Yost, Management Analyst Einfalt, Planning Technician Brunner 2. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Commission on any subject not on the agenda are invited to do so now. Please note, however, that the Commission is not able to undertake extended discussion or take action tonight on non - agendized items. Such items will be referred to staff or placed on the agenda for a future meeting. No presentations from the floor. 3. APPROVAL OF MINUTES 3.1 Approval of September 3, 2020 Regular Meeting Minutes Vice-Chair Indaco requested the minutes be amended to include a reference to the supplemental information that she presented at the meeting. MOTION MADE AND SECONDED: Commissioner Smith moved to approve the September 3, 2020 Regular Meeting Minutes as amended. The motion was seconded by Commissioner Couperus. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 4. PUBLIC HEARINGS Planning Commission Ex Parte Commissioner Smith – spoke to Mr. Linebarger on items 4.3 and 4.4. Commissioner Waschura – spoke to Mr. Linebarger, Prabhu Govindaswami and other Mora Drive neighbors, former Planning Commissioner Mandle, and Commissioner Couperus on items 4.3 and 4.4. Approved November 5, 2020 2 Planning Commission Regular Meeting October 1, 2020 Minutes Commissioner Couperus – spoke with Commissioner Indaco on item 4.1, Commissioner Waschura and Mr. Linebarger on items 4.3 and 4.4. Vice-Chair Indaco – spoke with Christina Davidson, Carol Gottlieb of the Environmental Design & Protection Committee (EDPC), and Commissioner Couperus on item 4.1; spoke with Vijay Chawla of EDPC on item 4.2, spoke with Mr. Linebarger, Karen & David Kehlet, Hal & Mary Jo Feeney, Judy Klein, Prabhu Govindaswami, Esther John, and Aart de Geus on items 4.3 and 4.4. Chair Patel – communicated with Mr. Linebarger, Esther John and Hal Feeney on items 4.3 and 4.4. 4.1 14123 Tracy Court – File # VAR20-0008 – Lands of Davidson Request for a Variance to allow a rear yard setback of 10 feet where 30 feet is required for a 455 square-foot pergola with a maximum height of 10.1 feet located over an existing patio area. CEQA review: Categorical Exemption per Sections 15303(e) and 15305(a) Project Planner: Jeremy Loh Chair Patel opened the PUBLIC HEARING. Assistant Planner Loh presented the staff report. Cristina Davidson, property owner, presented the variance request, noting that the existing pool had a pool cover that met safety requirements. The Commission asked about alternative locations that met required setbacks, and the applicant noted that other locations could be cost prohibitive and would not achieve the objective of providing additional shade near the pool. Public Comment Carol Gottlieb, a representative of the EDPC, noted that the Committee had not prepared its report yet, that there was concern about the irrigation under the oak tree, and that recently installed fencing along the creek may not meet Town requirements. Vijay Chawla, chair of the EDPC, presented the EDPC report, noting that the large heritage oak tree needed to be protected and that the irrigation should be removed. Lisa Parramore, project designer, and Cristina Davidson, responded to the comments, noting that they were working hard to preserve the oak tree and placing irrigation to minimize impact to the tree’s roots. Chair Patel closed the PUBLIC HEARING. Commissioner Discussion Commissioner Couperus expressed concern about making the findings to grant the variance, noting that alternative locations were available, and that the pergola structure was more of an amenity rather than a necessity. Vice-Chair Indaco presented slides regarding the findings for the original pool variance and expressed concern about sufficient justification to make the variance findings for the pergola structure. Approved November 5, 2020 3 Planning Commission Regular Meeting October 1, 2020 Minutes Commissioner Waschura concurred with Vice-Chair Indaco’s comments, noting that the other issues should be addressed and properly permitted. Commissioner Smith agreed with the previous comments. Chair Patel expressed concern about approving the variance, noting that it would set a precedent and agreed with the previous comments. The Commission noted that there was not a sufficient basis to approve the variance and discussed whether to continue the application or deny it. MOTION MADE AND SECONDED: Motion by Vice-Chair Indaco to deny the Variance to allow the pergola in the rear yard setback based on the findings that there was not a special circumstance to justify the variance and that it would constitute the granting of a special privilege. The motion was seconded by Commissioner Couperus. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 4.2 14690 Manuella Road – File #CDP20-0003 and VAR20-0009 – Lands of Milner Request for a Conditional Development Permit for a 1,143 square-foot addition to an existing 2,289 square-foot one-story single-family dwelling and a Variance to allow a front yard setback of 29 feet where 40 feet is required and a rear yard setback of 19 feet where 30 feet is required. CEQA review: Categorical Exemption per Sections 15301(e) and 15305(a) Staff: Krista Yost Chair Patel opened the PUBLIC HEARING. Assistant Planner Yost presented the staff report. Chris Spaulding, the architect, and Peter Milner, the owner, presented the application, noting the history of the property, that they wanted to maintain the existing development area on the site and that they wanted to maintain an uncovered patio that was partially within the side yard setback. Public Comments Vijay Chawla, chair of the EDPC, provided a brief summary of the Committee’s report. Carol Gottlieb, a member of the EDPC, asked that the EDPC be allowed to review the landscape screening plan for the project. Chair Patel closed the PUBLIC HEARING. Approved November 5, 2020 4 Planning Commission Regular Meeting October 1, 2020 Minutes Commissioner Discussion The Commission discussed the history of the Town’s special setback policy and how it applied to the current project, with a focus on the proposed uncovered patio that was partially in the side yard setback. Vice-Chair Indaco expressed general support for the project but noted that the uncovered patio should meet the required side yard setback. Commissioner Couperus expressed general support for the project. MOTION MADE AND SECONDED: Motion by Commissioner Waschura to approve the request for a Conditional Development Permit for a 1,143-square foot addition to an existing 2,289 square foot one-story single-family dwelling, with the following additional conditions: • Make sure that Pathway fee is assessed; • Require the new patio to meet the required side yard setback; and • Allow the property to maintain the amount development area that currently exists on the site. The motion was seconded by Commissioner Smith. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 A break was convened at 8:43 PM and the meeting reconvened at 8:50 PM. 4.3 10728 Mora Drive - File #CDP19-0001, SD19-0019 and VAR19-0005 – Lands of Linebarger Request for a Conditional Development Permit and Site Development Permit for a new 2,483 square-foot, two-story single-family residence with a 1,447 square-foot basement; Variance requests for a reduced side yard building setback along the south property line and uncovered parking, patios and basement lightwells within the side yard setbacks. This project was originally considered by the Planning Commission on Dec. 12, 2019. CEQA review: Categorical Exemption per Section 15303(a) Staff: Steve Padovan Chair Patel opened the PUBLIC HEARING. Principal Planner Padovan presented the staff report, noting the extensive permit history of the property and that it is a legal lot of record that has a right to develop. Forrest Linebarger, property owner, presented the project, noting the changes that had been made to address the Commission’s prior direction, legality of the lot and that reasonable development had to be allowed. He also noted that he would be willing to relocate the ADU with a larger setback if that helped facilitate a development approval. Approved November 5, 2020 5 Planning Commission Regular Meeting October 1, 2020 Minutes Public Comment Mary Jo Feeney, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting that it would significantly change the character of the neighborhood. Dave Kehlet, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting the history of the lots and that the density of the proposed building was not in keeping with the Town and the neighborhood character. Hal Feeney, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting that the new house should meet the required setbacks. Esther John, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting all of the neighbors who signed a petition opposing the proposed project. Karen Kehlet, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting that the project was too dense and did not fit with the character of the Town. Aart de Geus, a Los Altos Hills resident, presented slides and expressed opposition to the project, noting that the proposed buildings were too large for the small narrow lots. Alexei Tumarkin, a Los Altos Hills resident, expressed support for the project, noting that the owner had a right to develop the lots. Peter Brown, a Los Altos Hills resident, expressed opposition to the project. Carol Gottlieb spoke as a member of the EDPC, noting that the glass railings and garage doors should be changed if the project was approved. Prabhu Govindaswami, a Los Altos Hills resident, expressed opposition to the project, noting that the new house might damage the roots of his mature trees. Gary Bultman, a Los Altos Hills resident, expressed opposition to the project, noting that approving the project would set a poor precedent and facilitate large development on other small lots in Town. Forrest Linebarger, property owner, offered a rebuttal to the public's comments. Barton Hectman, Mr. Linebarger's attorney, spoke briefly about lot legality and the right to build a residence on the property. Chair Patel closed the PUBLIC HEARING Commission Discussion Vice-Chair Indaco expressed concern about the project but noted that some degree of a variance did need to be granted to allow the property to develop a reasonably size residence. Commissioner Smith expressed support for approving the project but noted that it should be reduced in size to no more than 2,500 square feet of habitable floor area to meet the Commission’s earlier recommendation. Commissioner Waschura expressed concern about the project as currently designed, noting that he was looking for a compromise that would allow for a project to be approved, but that the current design had not sufficiently addressed the Commission’s earlier recommendation and that he could not make findings to approve the Conditional Development Permit and Variance. He noted that this action would set a precedent and that further reduction in the size of the structure and the building volume located within the setback could facilitate an approval. Approved November 5, 2020 6 Planning Commission Regular Meeting October 1, 2020 Minutes Commissioner Couperus concurred with the comments from Commissioner Waschura and noted that he supported a project that was aligned with the Commission’s earlier recommendation. Chair Patel agreed with the earlier comments, noting that this was a very challenging project, but that it deserved an up or down vote to avoid further delays in a final action. Commissioner Couperus and Commissioner Waschura suggested that the motion wait until the other project has been presented and discussed. The other Commissioners agreed, and Item 4.3 was tabled. NO MOTION. 4.4 10758 Mora Drive - File #CDP19-0002, SD19-0020 and VAR19-0006 – Lands of Linebarger Request for a Conditional Development Permit and Site Development Permit for a new 2,254 square-foot, two-story single-family residence with a 1,493 square-foot basement; Variance requests for reduced side yard setbacks for the building, uncovered parking, patios and basement lightwells. This project was originally considered by the Planning Commission on December 12, 2019. CEQA review: Categorical Exemption per Section 15303(a) Staff: Steve Padovan Chair Patel opened the PUBLIC HEARING. He noted comments to this item would be limited to two minutes. Principal Planner Padovan presented the staff report. Forrest Linebarger, property owner, presented the project. Public Comment Dave Kehlet, a Los Altos Hills resident, expressed opposition to the project, noting this site could be merged with the adjacent property with the private driveway to avoid the need to build a new house on it. Aart de Geus, a Los Altos Hills resident, expressed opposition to the project, noting that the site should be merged with the adjacent property with the private driveway. Carol Gottlieb mentioned that the glass rails and garage doors also be changed if the project is approved. Esther John, a Los Altos Hills resident, expressed opposition to the project, noting that it did not adhere to the Commission’s earlier direction. Prabhu Govindaswami, a Los Altos Hills resident, expressed opposition to the project, noting that it should be limited to one-story to minimize impacts. Forrest Linebarger, property owner, offered a rebuttal to the public's comments, noting that he was amenable to a compromise of limiting one of the new residences to one-story height. Chair Patel closed the PUBLIC HEARING. Approved November 5, 2020 7 Planning Commission Regular Meeting October 1, 2020 Minutes Vice-Chair Indaco expressed support for the comments provided by Commissioner Waschura, noting that the southern lot was most appropriate for new development and that a new house on the northern lot would result in significant impacts to the neighbor. The Commission discussed how to proceed with a denial and which findings should be used to support the action. MOTION MADE AND SECONDED: Motion by Commissioner Waschura to deny the Conditional Development Permit and Site Development Permit for a new 2,254 square-foot, two-story single-family residence with a 1,493 square-foot basement based on the following finding: • The size and design of the proposed structure did NOT create a proper balance, unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood; Deny the Variance requests for reduced side yard setbacks for the building, uncovered parking, patios and basement lightwells based on the following findings: • That the granting of the variance, the intent and purpose of the applicable sections of this title will NOT be served and the recipient of the variance will be granted special privileges not enjoyed by other surrounding property owners; and • That the granting of the variances WILL be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. The motion was seconded by Commissioner Indaco. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 The Commission reopened the discussion for Item 4.3. MOTION MADE AND SECONDED: Motion by Commissioner Waschura to deny the Conditional Development Permit and Site Development Permit for a new 2,483 square-foot, two-story single-family residence with a 1,447 square-foot basement based on the following finding: • The size and design of the proposed structure did NOT create a proper balance, unity and harmonious appearance in relation to the size, shape and topography of the site and in relation to the surrounding neighborhood; Deny the Variance requests for a reduced side yard building setback along the south property line and uncovered parking, patios and basement lightwells within the side yard setbacks based on the following findings: • That the granting of the variance, the intent and purpose of the applicable sections of this title will NOT be served and the recipient of the variance will be granted special privileges not enjoyed by other surrounding property owners; and Approved November 5, 2020 8 Planning Commission Regular Meeting October 1, 2020 Minutes • That the granting of the variances WILL be materially detrimental to the public welfare or injurious to the property, improvements or uses within the immediate vicinity and within the same zoning district. The motion was seconded by Commissioner Indaco. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 5. NEW BUSINESS Planning Director Dahl proposed alternative dates for the Commission’s regular meetings in December and January to account for the holidays. MOTION MADE AND SECONDED: Motion by Chair Patel to cancel the regular meeting dates in December and January and set special meetings on December 10, 2020 and January 7, 2021. The motion was seconded by Vice-Chair Indaco. AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel NOES: None ABSENT: None ABSTAIN: None MOTION: Carried 5-0 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Upcoming Meeting Assignments • October 15, 2020 – Commissioner Couperus • November 19, 2020 – Vice-Chair Indaco • December 17, 2020 – Commissioner Smith Chair Patel confirmed meeting assignments with the Commission. 6.2 Past Meeting • September 17, 2020 – Commissioner Waschura Chair Patel provided a summary of the August City Council meeting. 7. REPORTS FROM FAST TRACK / SITE DEVELOPMENT MEETINGS 7.1 September 8, 2020 • 27490 and 27500 Sherlock Court - File #LLA20-0001 – Lands of Burnham Lot-Line Adjustment between a 0.499-acre lot and a 5.138-acre lot; .796 acres from the larger parcel is proposed to be conveyed to the smaller nonconforming parcel to create two conforming one-acre minimum parcels. 7.2 September 15, 2020 • 13439 Mandoli Drive - File #SD20-0034 – Lands of Dong and Hwang Approved November 5, 2020 9 Planning Commission Regular Meeting October 1, 2020 Minutes Site Development Permit for landscape screening for a major two-story addition and remodel. 7.3 September 29, 2020 • 27447 Edgerton Road - File #SD20-0058 – Lands of Tropea Site Development Permit for landscape screening for a new residence. Planning Director Dahl provided a brief summary of the past three Site Development Fast Track Public Hearings. 8. PLANNING DIRECTOR REPORT Planning Director Dahl provided an update on the status of the Town’s Accessory Dwelling Unit Ordinance, noting that the State had required that additional changes be made prior to adoption. 9. ADJOURNMENT Meeting was adjourned at 12:48 AM. Respectfully submitted, Keren Brunner Planning Technician