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HomeMy WebLinkAbout01/13/1999Minutes of a Regular Meeting Approved 3/10/99 Town of Los Altos Hills PLANNING COMMISSION Wednesday, January 13, 1999, 6:30 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (3) #1-99 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 6:35 p.m. in the Council Chambers at Town Hall. Present: Chairman Cheng, Commissioners Gottlieb & Schreiner Absent: Commissioners Aurelio & Jinkerson Staff: Curtis Williams, Planning Director; Sheryl Proft, Associate Engineer, Suzanne Davis, Associate Planner; Shaunn O'Connor, Assistant Planner; Land Smith, Planning ( Secretary 2. PRESENTATIONS FROM THE FLOOR None 3. PUBLIC HEARINGS 3.1 LANDS OF DENNY & VENTURA, 25400 & 25398 La Loma Drive (170 -98 - LLA); A request for a lot line adjustment. Ms. Davis introduced this item by noting that the Ventura property is currently nonconforming because the lot unit factor is less than 1.0 and the existing floor and development area exceed the allowable numbers based on the Town's slope density formula. The lot line adjustment would bring the Ventura property into conformance. The Ventura's were approached by neighbors and have agreed to offer to the Town a pathway easement along the southern boundary line of their property in order to continue a future pathway through the Denny property to the open space. OPENED PUBLIC HEARING Paul Norton, 212 Davenport, Palo Alto, applicant's representative, discussed the modest lot line adjustment which will make the Ventura property a conforming lot. �10 Bob Stutz, Pathways Committee, thanked the Ventura's for the pathway dedication. Planning Commission Minutes January 13, 1999 Page 2 CLOSED PUBLIC HEARING Approved 3/10/99 The Planning Director noted that the engineering staff will prepare the documents for the pathway dedication after the lot line adjustment recordation. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to approve the request for a lot line adjustment, Lands of Denny & Ventura. AYES: Chairman Cheng, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Commissioners Aurelio & Jinkerson This item wi II be on the City Council consent calendar February 3, 1999 3.2 LANDS OF ST. NICHOLAS SCHOOL, 12816 EI Monte Avenue (214-98-ZP- SD-CUP-ND); A request for a Site Development Permit and an Amendment to a Conditional Use Permit for additions of 3,688 square feet for a science classroom, expanded daycare, and restrooms; with a maximum height of 17'9"; and Negative Declaration. MOTION SECONDED AND PASSED: Motion by Commissioner Schreiner and seconded by Commissioner Gottlieb to send the application to the City Council for public hearing due to the lack of a quorum and to expedite the project. AYES: Chairman Cheng, Commissioners Gottlieb & Schreiner NOES: None ABSENT: Commissioner Aurelio & Jinkerson This item will be on the City Council agenda January 20, 1999. 3.3 LANDS OF DOERFLER & PAO, 27636 & 27600 Briones Court (178 -98 -LLA); A request for a lot line adjustment. Staff had nothing further to add to the report. OPENED PUBLIC HEARING Margaret Netto of Brian, Kangas, Faulk, applicant's representative, was available for questions. CLOSED PUBLIC HEARING 4 Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 3 4 MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to approve the request for a lot line adjustment, Lands of Denny & Ventura. AYES: Chairman Cheng, Commissioners Schreiner &Gottlieb NOES: None ABSENT: Commissioners Aurelio & Jinkerson This item will be on the City Council consent calendar February 3, 1999. 3.4 LANDS OF YEH, 24055 Jabil Lane (271-98-ZP-SD); A request for a Site Development Permit for the addition of a 2,638 square foot basement to an approved new residence. Mr. O'Connor introduced this item requesting additional wording to condition #1 requiring revisions to meet the allowable maximum development area with a revised worksheet #2. He also noted the concerns expressed by Cotton, Shires & Associates regarding the leach field located within 3 feet of the proposed basement, recommending County Health Department approval prior to accepting plans for building plan check. A second option would be to connect to the sanitary sewer, however, the Town cannot require the connection as it is more than 400 feet from the property. Commissioner Gottlieb asked if the dance studio was intended for performances or commercial instruction. Mr. Williams responded that it was his understanding that the studio was for family use only. Commissioners also requested clarification of the egress to the basement, and the proximity to the leach field. Commissioner Gottlieb noted that an adjacent neighbor has a basement which floods, so the applicant will need to take precautions to protect the basement. OPENED PUBLIC HEARING Kevin Chiang, 204 Francisco Lane, Fremont, project architect, discussed the use of the basement, the emergency exit, he retaining wall following the profile of the structure, the dance studio use for family members only, reasons why they do not have outside access from the basement (drainage concerns), and the size of the proposed skylights. He stated that they are taking precautions to avoid flooding in the basement. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to approve the Site Development Permit for the addition of a 2,638 square foot basement to an approved new residence, Lands of Yeh, with the following additions and changes to the conditions of approval: revise condition #1, adding (2) any revisions needed 4W to meet the allowable MDA and a revised worksheet #2 showing these changes and calculations. Planning Commission Minutes Approved 3/10199 January 13, 1999 Page 4 AYES: Chairman Cheng, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Commissioners Aurelio & Jinkerson This item will be on the City Council consent calendar February 3, 1999. 3.5 LANDS OF SRINIVASAN, 27835 Lupine Road (133-98-ZP-SD-GD); A request for a Site Development Permit for a 5,311 square foot new residence (maximum height 27 feet), including an attached three -car garage. Ms. Davis introduced this item noting the receipt of letters from Mrs. Basiji and the Swiss family regarding this application. The sewer easement on the Basiji property, if used, would destroy some of the landscaping. The Associate Engineer stated usually the landscaping would need to be removed. They could notice the Basiji's prior to installation of the sewer line so they would have time to remove and/or contain the affected landscaping (work with the neighbors). She also noted that sewer easements are normally kept open and clear. Ms. Davis stated that she had spoken with another neighbor who was concerned with the visual impact and the current septic system. Connecting to sewer will alleviate the issue with the septic system. She further discussed drainage, noting that mnoff is to be discharged into Matadero Creek and will be reviewed and approved by the Santa Clara Valley Water District, and the Fire Department turnaround which will result in the removal of a large tree. Jef Roberts, 43225 Mission Blvd., Fremont, project architect, was asked by Commissioner Gottlieb if the height could be reduced as requested by Mr. Swiss in his letter. Mr. Roberts felt this may be difficult. Color samples were not provided although they will work with colors to reduce the bulk and help the house blend into the site. Commissioner Schreiner commented on the trees proposed to be removed which conflict with the driveway tumaround and the house footprint. She stated that substantial landscaping will be requested at the time of the Site Development meeting. She asked if grasscrete can be used in the center of the turnaround. Mr. Roberts did not feel it would be a problem. Jerry Swiss, 27853 Lupine Road, was concerned with noise during demolition (safeguard horses), the height of the structure (back yard view impaired), and the short life span of the Monterey pines which currently provide screening between the two properties. He felt this was a highly visible lot and requested a reduction in height through lowering the pad to the lowest point on the property and reducing the total house height to no more than 20 feet. Jitze Couperus, 13680 Page Mill Road, discussed the previous owners' drainage and leach field problems. He was concemed if the property remained on a septic system. He felt the large structure will be a visual impact from his main living area. Reducing the highest roof ridge of the house would help more than moving the house on the site. Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 5 4 Jim Basiji, 27880 Fawn Creek Court, felt the impact on neighbors should be considered. He prefers that his landscaping which includes mature trees within the sewer easement, remain untouched. He asked if there was any other way or area for the sewer line or could it be moved closer to the creek. They could consider allowing a septic system, assuming it can be approved by the County Health Department. He does not want to prevent the applicants their dream home, but requests minimum impact. It was noted that the sewer easement is only for this one property. The Associate Engineer clarified that the sewer connection is approximately 265 feet from Fawn Creek Court to the Srinivasan property; 600 feet from Lupine Road to Page Mill Road. Mr. Swiss commented that a connection from Page Mill Road might be more difficult due to the topography. Jim Noghrey, 27870 Fawn Creek Court, stated his house will be the most impacted due to the proposed height of the structure; he has no objection to the size, only the height (southerly view impact). When he built his house the Planning Commission required him to dig into the site an additional three feet. He felt this was a beautiful project, but if they do not want to sacrifice the roof pitch, they should dig down three feet. The existing barn is an eyesore and should be removed (the applicants have indicated that the barn will be demolished). He suggested staggered redwood trees for screening, which will blend with the redwoods on his property. Also, if the height is approved at 27 feet, he suggested certifying the height (staff noted that this is a recommended condition of approval). The color of the roof will be very important — he prefers no orange or red color. He also would not want any high windows overlooking his swimming pool. He prefers not to have the existing motor home parked close to his fence, and stated that the fire place should not be wood burning as the smoke will drift to his house. Mr. Noghrey asked if PG&E could underground the existing line on the southerly boundary as he will not be cutting his trees and they may interfere with the lines. Staff noted that the attic space is being counted as floor area since the height is greater than seven feet. The applicants are not trying to create floor area there; in fact there is over 1,200 square feet of floor area remaining for future projects. There are no high windows proposed. Dane Stark, 13686 Page Mill Road, stated the existing vegetation and barn block the view of the house site. Their kitchen sitting room and master bedroom face towards the Srinivasan property. Once the barn is removed, new plantings will be needed for screening and privacy. Mr. Dong, 27805 Lupine Road, commented that if a sump pump is needed for the drainage system, be forewarned that it will not work when the power is out. Jitze Couperus, 13680 Page Mill Road, offered to allow the sewer line go through his property, since there is an issue with crossing the Basiji property, assuming it could go under his driveway, and the connection would be feasible given the fact that Page Mill Road and his property are lower that the applicants'. 4W CLOSED PUBLIC HEARING Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 6 Commissioner Cheng asked if staff had looked to see if neighbors views would be blocked by the proposed residence. The Planning Director clarified that Mr. Swiss will be looking straight at this house, not that it would block his view. Three neighbors have commented on the height and visual impact. They are in close proximity to it and it will have some effect on them. A one story home could be 23 to 24 feet in height. As Mr. Noghrey was suggesting, the main roofline could be dropped down, and the applicants could decide how best to accomplish this. Mr. Roberts noted that they are at the limits of the grading policy now. The Commissioners reviewed the plans and asked questions of staff. The applicants were asked if the height could be lowered? Mr. Roberts stated they could lower the height by two feet if they went from a 6:12 to a 5:12 roof pitch and 6 inches to one foot by changing the plate lines or the structural height. The Commission noted that the main issues are the height and the sewer connection. Mr. Roberts discussed the sewer system versus a septic system. They haven't done percolation tests to determine if a septic system is feasible. They have adequate land area for the leach fields, and should be able to make something work. The assistant engineer reviewed the policy to connect to connect to sewer if within 400 feet of a lateral. Chairman Cheng was in favor of connecting to sewer. Commissioner Gottlieb would feel stronger about the sewer connection if it served more than one property. Commissioner Schreiner would like to took to the future as there will be other new homes on Lupine Road. The Town needs to be forward looking and needs to 4 get properties on the sewer. She is concerned that there will be a hardship on the neighbors. The Planning Director felt all sewer options should be investigated, including relocation of the sewer easement on the Basiji property. The alternatives could be evaluated and hopefully another option used rather than crossing the Basiji property. The assistant engineer would like the conditions of approval to indicate who would be financially responsible if there is a change of sewer easement location. She asked if cost was a factor, or the least impact on neighbors? Commissioner Cheng stated that most logical option would be to cross the Basiji property, trying to disrupt the property to the least extent possible. Commissioner Schreiner felt the least impact on neighbors should be the number one goal. Commissioner Gottlieb agreed. Staff asked if septic is included as an option? Commissioner Schreiner would consider septic with the proper percolation tests, etc. Chairman Cheng did not want septic as an option. Jef Roberts indicated that they are not opposed to investigating a septic system. Discussion ensued regarding the demolition and construction noise, condition #16. Adopted construction days and hours were clarified. It was felt the applicants could notify Mr. Swiss when heavy equipment is scheduled and a fence could be placed along the common property line to protect the horses. Perhaps the horses could be moved temporarily during demolition and grading. Commissioner Schreiner discussed landscaping to mitigate the bulk of the house which would not include redwood trees surrounding the site trying to hide it. A blending of trees and Planning Commission Minutes Approved 3/10199 January 13, 1999 Page 7 kiw shrubs around the house is preferred. The house and roof colors will all be very important in mitigating the house. She complimented the architecture. She suggested grasscrete or similar material in the turnaround area for a more natural look. Further discussion ensued regarding the conservation easement. The conservation easement would include areas within 25 feet of the top of the creek bank, and would be larger than the existing drainage easement. The CE would also provide some protection against the creek channel being lined with concrete. Commissioner Gottlieb complimented the architecture. There is nice detailing, and the roofline flows down the hill. Discussion ensued on plantings that will mitigate the loss of the Monterey Pines along the south property line. Work with neighbors to get plantings that both the applicants and neighbors like. Notify the neighbors on construction at least 10 days in advance. Regarding the three foot height reduction, Mr. Roberts indicated that a two foot height reduction is achievable, but that an additional foot might interrupt door heights and other interior details. Chairman Cheng asked the applicants if they felt the requested plan changes are acceptable. Varad Srinivasan, 27835 Lupine Road, applicant, discussed the two main issues: the roof height and the sewer connection. He felt all of the input was constructive on the house. He was 040 astonished to find that there was one person who likes the ham, and noted that the barn is going to be removed. He noted that the RV is new and has not been used yet. It is just being stored on the property. He is happy to work with the neighbors regarding landscape screening to make sure that it is done in such a way so the house is unobtrusive. Regarding the height, we would prefer not going below 25 feet in height as it may adversely affect the interior of the house. Have been working on the plans for over a year and have major concerns about reducing the roof to less than 25 feet. The house will flow over the landscape, and have tried our best to make the house unobtrusive. Regarding the sewer, do not want to tear up the Basiji's yard. Wants to bring the sewer issue to a close so that they can move on and start the next phase to build the house. He stated that this is the first time working with Town Hall and it has been very pleasant. He will leave with a good feeling because all of the suggestions have been constructive and friendly. The Planning Director suggested that staff work with the applicants to reduce the height to 25 feet, and investigate whether any further height reduction can be achieved through lowering of the building pad. Mr. Basiji stated that he appreciates the work of the Planning Commission and that their job is very difficult. He reiterated that he would prefer not to have his yard tom up, and that they will work with the applicants and the neighbors to try to make the sewer connection work. Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 8 MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to approve the application with the modified conditions regarding height reduction, use of impermeable material in part of the driveway, investigation of the sewer issue, landscaping, fencing and notification of neighbor during major construction (noise). AYES: Chairman Cheng, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Commissioners Aurelio and Jinkerson This item will appear on the February 3, 1999 City Council consent calendar. 3.6 LANDS OF DENNY, 25400 La Loma Drive 171-98-TM-IS/ND-GD); A request for approval of a two lot subdivision of 4.48 acres, and proposed Mitigated Negative Declaration. Mrs. Davis introduced this item stating that the pathway condition was inadvertently left out and the memorandum given to the Commission today includes suggested wording for condition #9 (subsequent conditions will be renumbered). The information on traffic in the initial study has been updated to reflect the uses that exist on the property: boarding of 11 horses and six rental units are associated with more vehicular trips than the uses that would be on the site if the subdivision is approved (two single family homes and possibly two secondary units). The proposed conservation easement needs to be expanded to include additional oak trees (staff presented a conceptual idea). A letter was received from Charles & Michelle Ventura, 24398 LA Loma Drive, who have volunteered to grant a pathway easement across their property. The easement grant document will be prepared by the Town as part of the Final Map process for the Denny Subdivision. The pathway easement through the Ventura property will provide an additional link in an off road path to the open space. Bob Stutz, Pathway Committee representative, thanked the Venturas for the offer to grant the pathway easement. Commissioners asked for clarification on existing trees on the site and which trees would be impacted and/or removed. It was noted that the recommendations of the arborist have been included as conditions, and that protective tree fencing would be required. The project arborist will further evaluate trees along the new driveway, and any future development proposed within the drip line of any heritage oaks will also be reviewed at time of site development review. Commissioner Gottlieb noted that a small area appears to be on a 30% slope. This apparently is a graphic error on the plans. She also asked whether the driveway easement over the Kennedy property has been recorded (yes). Commissioner Schreiner asked for clarification on the maximum Floor area number on Parcel B and noted that the conceptual development plan shows a house and guest house at the maximum, and that two building circles are shown. Staff clarified that the applicant is required to show a conceptual plan for any parcel with the potential for further subdivision, and that the conceptual Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 9 development plan is intended to show a future project at or around the maximum development numbers to show that these numbers are achievable. Parcel B could not be easily subdivided due to slope, access, and the presence of the landslide. Paul Norton, 212 Davenport, Palo Alto, applicant's representative, commented that Condition #8 requires trees to be protected; they have no objection to this, but would prefer not to have the conservation easement expanded. The Tree Preservation Ordinance offers tree protection, and they don't see a need for a conservation easement for this purpose. They would like to keep the conservation easement as close to what has been proposed without encompassing too much of the area without trees. The project geotechnical consultant, Associated Terra Consultants, Inc., has done further investigation and it appears feasible to build on the slide as it is relatively shallow. They expect a new report next week, so it should be available by the Council meeting. He also requested to not have the maximum floor and development area numbers reduced, but to have the specific design evaluated at time of site review. George Denny, 11130 Cashmere Street, Los Angeles, husband of Barbara Denny (formerly Lawler). Have spent a lot of time on the property and have lived with the oak trees. Understand the Town wanting to protect the oaks, but one of the joys of that place is living among the trees. There was originally an enormous oak near the main house and many of the buildings on the site are under the trees, and that's what makes it such an extraordinary place. The Town has ordinances to protect the trees and they can't be cut down without approval. Its my understanding that nobody could come in and cut down oaks in order to develop the site. Don't fully understand conservation easements, except that I now know that if you have one on your Property, you can't build there. Would like the conservation easement to be as limited as possible so hopefully the new owners of lot B can come in and build among those trees that are so extraordinary, and receive the shade of those trees. I know that anybody who buys property up here looks for and will nurture the trees. We love the oaks and want to see them preserved and protected, but not sure that we need large conservation easements to do it. Warren Whaley, 1715 Halifax Way, EI Dorado Hills, project engineer: have designed the subdivision to work around the trees. The 26 -inch oak at the entrance to the property has a beautiful shape and we spent a lot of time working around that tree to preserve it. Sandy Humphries, Environmental Design & Protection Committee, commented that the one tree of particular concern is the 66 -inch oak located near the proposed driveway. The project arborist suggests moving the driveway slightly further from this tree, and also notes that care needs to be taken to protect the tree during demolition. They have done quite a good job preserving the other trees. Paul Norton noted that the driveway was 10 feet but has been moved from 15 feet away from the large oak tree. Commissioner Schreiner asked the minimum size of a heritage oak (12 -inches). Planning Commission Minutes January 13, 1999 Page 10 PUBLIC HEARING CLOSED Approved 3/10/99 Commissioner Gottlieb stated that one of the reasons oaks are protected by conservation easements is that future property owners don't always save and protect the trees. The previous owner of the Kennedy property, adjacent, removed a number of large oaks without permits. She noted that the Fire Department requested a driveway with a maximum slope of 15% - is that unusual? Staff stated that 15% is the standard requirement. She also stated that trenching within the driplines of oak trees should be hand dug. Condition #22 should be changed to eliminate a pathway fee since they are granting a pathway easement, and condition #26 changed to include demolition. Commissioner Schreiner commented that Commissioner Gottlieb covered most of her comments. The conservation easement has been used on a number of subdivisions, including the Brockway subdivision. Staff noted that typically stands of oaks are placed within conservation easements, and that heritage trees cannot be removed, trimmed or otherwise harmed without Town approval. Commissioner Schreiner wants to make sure future buyers are aware of the requirement to save the oaks and asked if it should be in the CC&R's. Staff responded that wording can be included regarding tree preservation in both the CC&R's and in the initial study. The Planning Director stated that tree protection fencing should be required during demolition as well as grading and construction. As with the Blair Subdivision, a general statement can be made that the maximum floor and development area may not be achieved on Parcel B due to constraints on the property. That way the developer can come in and demonstrate that a particular design is appropriate for the site. Discussion took place on the landslide and the feasibility of building in this area. Commissioner Gottlieb asked if the two recommendations would be incorporated into the CC&R's? The Planning Director said that the statements about potential development on the site and tree protection can be included. Paul Norton commented that the existing Codes allow the Commission and Council to reduce development numbers based on site constraints. After further discussion he stated that he understands that it is alerting the buyers up front that the site is constrained and the maximum numbers may not be able to be achieved. The Commission discussed the negative declaration. Staff suggested adding the requirement for the conservation easement should be added in as a mitigation measure. MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Schreiner to forward the application to the City Council with a recommendation for approval with the following changes: 4 Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 11 The project arborist shall review subdivision improvements and future site development plans. #8: conservation easement modified and approved by staff #18: change Fremont Road to La Loma Drive #23: eliminate pathway fee (not required) #26: require utility trenches to be hand dug under oak tree drip lines #27 add demolition Add #29: CC&R's to state the maximum floor and development area may not be achievable, and requirement for protection of the heritage oak trees Add new #9 for the granting of the pathway easement (wording from January 12 memo) AYES: Chairman Cheng, Commissioners Schreiner & Gottlieb NOES: None ABSENT: Commissioners Aurelio & Jinkerson This item will appear on the February 3, 1999 City Council agenda. 4. OLD BUSINESS 4.1 Report from subcommittees -none (46 5. NEW BUSINESS 5.1 "Role of the Planning Commissioner" Seminar, February 27, 1999. If any of the Commissioners are interested, they are to contact the Planning Director. 5.2 Planning Commission discussion and response to City Council regarding assuming the site development review for new homes, major additions, and issuance of conditional development permits. Discussion and a review of a prepared memo ensued. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for January 6`" - Commissioner Schreiner reported on the following items: change of the City Council regular meetings from Wednesdays to Thursdays beginning February 18, 1999; policy interpretation regarding repainting of residence contrary to condition requiring compliance with Town color Board, Lands of Chang; Circulation and Scenic Roadways Element of the General Plan, continued to January 20, 1999; review of landscape screening plan for a new residence and pool, Lands of Chao & Pang; amending Section 10-1.601 (off-street parking)of the Town's Zoning Code; and February 25, 1999 Volunteer's Dinner. 6.2 Planning Commission Representative for January 20`a - Commissioner Gottlieb Planning Commission Minutes Approved 3/10/99 January 13, 1999 Page 12 4 7. APPROVAL OF MINUTES 7.1 Approval of the December 9, 1998 minutes PASSED BY CONSENSUS: To approve the December 9, 1998 minutes. 8. REPORT FROM SITE DEVELOPMENT HEARINGS - JANUARY 12 1999 8.1 LANDS OF PRIME HOME DEVELOPMENT, 12129 Oak Park Court (250-98- ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 8.2 LANDS OF PESOTCHINSKY, 12755 Alto Verde Lane (251-98-ZP-SD); A request for a Site Development Permit for a minor addition of 28 square feet, and an increase (one foot) in the overall roof height. Approved with conditions. The meeting was adjourned by consensus at 10:50 p.m. Respectfully submitted, Lam Smith Planning Secretary Suzanne Davis Acting Planning Secretary