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HomeMy WebLinkAbout09/03/2020Approved October 1, 2020 1 Planning Commission Regular Meeting September 3, 2020 Minutes Town of Los Altos Hills Planning Commission Regular Meeting September 3, 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 6:05 p.m. Present: Commissioner Smith, Commissioner Patel, Commissioner Indaco, Chair Couperus, Commissioner Waschura Staff: Planning Director Dahl, Assistant Planner Loh, 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 July 2, 2020 Regular Meeting Minutes Commissioners Waschura and Smith noted minor corrections. MOTION MADE AND SECONDED: Commissioner Couperus moved to approve the July 2, 2020 Regular Meeting Minutes upon correction of the typos. 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 3.2 Approval of August 6, 2020 Regular Meeting Minutes Commissioner Smith noted a minor correction. MOTION MADE AND SECONDED: Commissioner Couperus moved to approve the July 2, 2020 Regular Meeting Minutes upon correction of the typos. The motion Approved October 1, 2020 2 Planning Commission Regular Meeting September 3, 2020 Minutes 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 4. PUBLIC HEARINGS Public hearings are specially noticed items for discussion. Anyo ne wishing to speak regarding a public hearing should fill out a speaker card prior to the completion of the staff report and give it to staff. The order of business for public hearings is as follows: 1. Staff Presentation 2. Applicant Presentation - 15 Minutes 3. Commission Questions/Clarifications 4. Public Comments - 3 Minutes per person 5. Applicant Response - 5 Minutes 6. Commission Comments/Questions/Action If you challenge the proposed action(s) in court, you may be limited to raising only those iss ues you or someone else raised at the public hearing described below, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Any interested party may appeal a determination of the Planning Commission to the C ity Council by filing a written notice of appeal with the City Clerk within twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services shall accompany each notice of appeal, except that any member of the Council may file such an appeal without payment of a fee. Planning Commission Ex Parte Commissioner Smith and Chair Patel had no ex parte contact. Commissioner Waschura – Item 4.2, communications with Commissioner Indaco, Council Candidate Raj Reddy, and several other residents. Commissioner Couperus – Item 4.2, communications with resident Susan Mandle and social media correspondence with other residents on Nextdoor. Vice-Chair Indaco – Item 4.1, communications the applicant and appellant Elizabeth Lee; Item 4.2, communications with Commissioner Waschura and Environmental Design & Protection Committee (EDPC) members Carol Gottlieb, Vijay Chawla, and Peter Brown; attended the August 31, 2020 joint EDPC and Open Space meeting. 4.1 23691 Camino Hermoso Drive – File #SD20-0063 – Lands of Luu Site Development Permit for a new 5,964 sq.ft. two-story residence with 5,024 sq.ft. basement including a 999 sq.ft. accessory dwelling unit (ADU) in the basement that was approved by the Planning Department and subsequently appealed to the Planning Commission (File #APL20-0003). This appeal was originally considered by the Planning Commission on May 7, 2020. CEQA review: Categorical Exemption per Section 15303 (a). Project Planner: Jeremy Loh Chair Patel opened the PUBLIC HEARING. Approved October 1, 2020 3 Planning Commission Regular Meeting September 3, 2020 Minutes Assistant Planner Jeremy Loh presented the staff report. Stuart Welty, project architect, presented the project, noting that they met with the neighbors and made design revisions to address their concerns. Public Comment Elizabeth Lee, appellant, noted that she had withdrawn the appeal based on the design revisions, but expressed concerns about the condition of the site and requested that it be cleaned up. Linda Membreno, a neighbor, expressed concerns about the debris on the property and condition of the pool and requested that it be cleaned up. Gil Heydari, a neighbor, expressed concerns about the condition of the site. Stuart Welty noted that the owner had plans to clean the site and drain the pool. Chair Patel closed the PUBLIC HEARING. Commission Discussion Commissioner Waschura expressed general support for the revised project design but expressed concern about the poor condition of the site. Commissioner Couperus expressed support for the revised project design but noted that the poor condition of the site could constitute a public nuisance. Vice-Chair Indaco, Commissioner Smith and Chair Patel agreed with the earlier comments. MOTION MADE AND SECONDED: Motion by Commissioner Waschura to deny the Appeal and approve Site Development Permit #SD18-0063, as indicated in the staff report with the updated design, subject to the conditions of approval in Attachment 1. 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 4.2 Municipal Code Amendment – File #SP20-0008 – Town of Los Altos Hills Consider amendments of the Town of Los Altos Hills Municipal Code to relocate the tree and landscape regulations from Chapter 2 in title 12 (Trees, Shrubs and Plants) to Chapter 1 in Title 10 (Zoning), expand the species of the trees that are protected and require a permit to remove; update requirements related to replacement trees and tree protection during construction, and update requirements related to enforcement of non- Approved October 1, 2020 4 Planning Commission Regular Meeting September 3, 2020 Minutes permitted tree removals. Project Planner: Jeremy Loh Before opening the public hearing on this agenda item, Chair Patel advised members of the public that the goal on this item was to hear public feedback and explained the process for this hearing. Chair Patel opened the PUBLIC HEARING. Planning Director Dahl noted that staff from the Los Altos Hills Fire District were present and available to answer questions related to fire prevention issues. Assistant Planner Jeremy Loh presented the staff report. The Commissioners asked clarifying questions of staff. Environmental Design and Protection members Vijay Chawla and Peter Brown presented the Committee’s recommendations for amending the Town’s Tree Protection Ordinance and provided background information on why the recommendations were being made. Public Comment Phil Mahoney, a Los Altos Hills resident, spoke against expanding the tree protection ordinance to include additional tree species, noting that the focus should be fire safety. Kit Gordon, a Los Altos Hills resident, spoke in favor of expanding the tree protection ordinance to include additional native tree species Bob Sandor, a Los Altos Hills resident, spoke against expanding the tree protection ordinance. Susie Mielke, a Los Altos Hills resident, spoke against the proposal of expanding the tree protection ordinance to include additional tree species, noting that the focus should be fire safety. Neal Mielke, a Los Altos Hills resident, spoke against the proposal of expanding the tree protection ordinance to include additional tree species, noting that property owners should be allowed to remove smaller trees without a permit. Sasha Zbozek, a Los Altos Hills resident, spoke against the proposal of expanding the tree protection ordinance to include additional tree species, noting that requiring a permit to remove a dead oak was excessive. Bridget Morgan, a Los Altos Hills resident, read a statement from the founders from the Town and stated her opposition to expanding the tree protection ordinance. SC Miao, a Los Altos Hills resident, spoke against expanding the tree protection ordinance. A. James Scholz, a Los Altos Hills resident, spoke against expanding the tree Approved October 1, 2020 5 Planning Commission Regular Meeting September 3, 2020 Minutes protection ordinance, noting that the focus should be fire safety. Carol Gottlieb, a Los Altos Hills resident, spoke in favor of a public dialogue to determine how best to update the tree protection ordinance and provided background on the EDPC’s recommendation to protect additional native tree species. Chuen-Der Lien, a Los Altos Hills resident, spoke against expanding the tree protection ordinance, noting that the focus should be on improving fire safety. S. Jones, a Los Altos Hills resident, would like to thoroughly review the current tree ordinance and the proposed changes. Peter Brown, on behalf of the EDPC, offered a rebuttal to comments and provided additional information about the basis for the recommendations. Commissioner Couperus provided clarification about the roles of the Los Altos Hills Fire District and Santa Clara County Fire District regarding fire safety and brush/tree removals. Denise Gluhan, a Los Altos Hills Fire District Consultant, spoke about the Los Altos Hills Fire District and addressed resident concerns regarding fire safety. Chair Patel closed the PUBLIC HEARING. Commission Discussion Chair Patel noted that the goal of this hearing was to receive public comment and provide staff with direction on how to proceed with updates to the Town’s current tree protection ordinance. Commissioner Couperus offered responses to some public comments with regard to fire safety concerns and expressed interest in expanding protections to other native tree species but noted the need to reassess the proposed list of protected trees. Commissioner Waschura noted the need to have a tree protection ordinance that works for Los Altos Hills, regardless of what neighboring communities have adopted, that fire safety should be incorporated, that the size of a protected oak tree should be increased, focus should be on protecting large native trees, and consider adding a definition of nuisance trees as a way to promote fire safety. Commissioner Smith expressed opposition to expanding the list of protected trees, noting that it would be hard to enforce that that volunteer oak trees should not be protected. Vice-Chair Indaco shared a presentation and highlighted the delicate balance with the multitude of issues facing residents and new development projects. She suggested a formation of a committee with different interests represented that could be a path forward. She proposed to keep the Heritage Oak protection sections the same and separate even if redundant. As well as, review the proposed tree ordinance for accuracy and clarity. Approved October 1, 2020 6 Planning Commission Regular Meeting September 3, 2020 Minutes Chair Patel offered his comments regarding the cost of fire safety enforcement. Chair Patel expressed interest in expanding the ordinance to protect mature native trees, but noted that fire safety needed to be a consideration, any expanded tree protections must be balanced with property owners ability to manage their property, and that he supported increasing the size of protected oak trees. Following a final discussion, Chair Patel provided a summary of the Commission’s direction that should staff consider when updating the draft of Tree Protection Ordinance: • Do not change the size of a protected Heritage Oaks; • Provide an updated list of native trees species with a size that can be used to define mature that the Commission can consider; • Consult with an arborist to determine an appropriate size for when a mature native trees species should be protected; • The Fire District and/or the Fire Department should review the updated ordinance and provide input with regard to fire safety; and • Provide a definition for a nuisance tree with regard to fire safety. NO MOTION 5. REPORTS FROM THE CITY COUNCIL MEETINGS 5.1 Past Meetings • August 20, 2020 – Chair Patel Chair Patel provided a summary of the August City Council meeting. 5.2 Upcoming Meeting Assignments • September 17, 2020 – Commissioner Waschura • October 15, 2020 – Commissioner Couperus • November 19, 2020 – Vice-Chair Indaco Chair Patel confirmed meeting assignments with the Commission. 6. REPORTS FROM FAST TRACK / SITE DEVELOPMENT MEETINGS 6.1 August 11, 2020 • 26685 Purissima Road – File #SD20-0030 – Lands of Stemm and Hsia Site Development Permit for a new 3,542 sq.ft. two-story residence with an attached two-car garage. • 24490 Amigos Court – File #SD20-0033 – Lands of Teng Site Development Permit for a new 5,076 sq.ft. single story residence with an attached garage, detached 663 sq.ft. accessory dwelling unit (ADU), and 600 sq.ft. pool. • 24160 Dawnridge Drive – File #SD20-0040 – Lands of Andrews Site Development Permit for a new 5,351 sq.ft. two-story residence with a 3,729 sq.ft. Approved October 1, 2020 7 Planning Commission Regular Meeting September 3, 2020 Minutes basement and attached ADU. 6.2 August 18, 2020 • 12830 Deer Creek Lane – File #SD20-0051 – Lands of Badhwar Site Development Permit for a new 880 sq.ft. pool and spa and related hardscape improvements. 6.3 September 1, 2020 • 13505 Burke Road – File #SD20-0049 – Lands of Williams Site Development Permit for landscape screening and new fencing for an approved single-story residence and pool house. Planning Director Dahl provided a brief summary of the past three Site Development Fast Track Public Hearings. 7. 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. 8. ADJOURNMENT Meeting was adjourned at 10:40PM. Respectfully submitted, Keren Brunner Planning Technician The minutes of the September 3, 2020 Regular Planning Commission Regular meeting were approved as presented at October 1, 2020 Planning Commission Regular meeting.