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HomeMy WebLinkAbout01/10/2001�w Minutes of a Regular Meeting Approved 1/24101 Town of Los Altos Hills PLANNING COMMISSION Wednesday January 10, 2001, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (1) #1-01 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Cottrell, Commissioners Vitu, Gottlieb, Clow & Wong Staff: Carl Cahill, Planning Director; Angelica Herrera, Assistant Planner; Lam Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR w Luis Yanez, 26879 Moody Road, discussed his project at 26171 Moody Road for a permit modification to delete an interior five foot wall from the plans which were approved last May. The Planning Commission denied the modification. The project then went to the City Council without a decision. It appeared to him that Mayor Finn and others felt the current basement ordinance and it's present interpretation needed to be revised. Direction was given to staff to address this issue as soon as possible. In the meantime, he requested his project be allowed to move forward into the plan checking phase while the process of revising the ordinance moves forward. He further discussed an "interim ordinance" for review. Since the Planning Commission cannot act on "presentations from the floor" items (non-agendized items), they directed staff to review the request. The Planning Director noted an element of risk for the applicant (prolonged plan check if any changes in the ordinance occur) but the applicant stated he would assume any risks. The Planning Director will discuss this with the Building Official and contact the applicant with any decision. 3. PUBLIC HEARINGS 3.1 LANDS OF CONGREGATION BETH AM, 26790 Arastradero Road (298- 00 -CUP -RENEWAL); A request for a Conditional Use Permit Renewal allowing the use of the subject property as a religious institution and for related religious educational activities and social functions, subject to kconditions approved March 18, 1998. Planning Commission Minutes Approved 1/24/01 January 10, 2001 Page 2 Staff had nothing further to add to the report. A letter from three neighbors (Erzberger, Jones, Choong) was included in the staff report for review. Three items were highlighted: planting additional trees in the area near the garden shed and along the fence to provide better visual isolation from the new building and from lights around the building at night; reduce the number of garbage pickups per week; and reduce the noise from garbage collection by allowing collection time after 8 a.m. Commissioner Vitu noted the report indicated on and offsite drainage improvements were to be done asking if they have been completed. OPENED PUBLIC HEARING Rick Rudman, representative for Congregation Beth Am, stated they had sent a letter to their immediate neighbors regarding the upcoming renewal, requesting any input. They received only one letter as noted earlier discussing additional plantings, garbage pickup time from 6 a.m. to 9 a.m. and requesting garbage pickup from twice a week to once a week. He believed changing the pickup to only once a week was not practical but they were hoping by changing the pickup time, this should no longer be an issue. He felt they were in compliance with the Use Permit and asked for the Commission support. Heinz Erzberger, 13457 Thendara Lane, representing the other two neighbors who submitted a letter, stated there has been minimal impact over the last 1 '/x years. He L thanked Beth Am for being a good neighbor. He appreciated the noted changes regarding ` garbage pickup time and the added plantings of trees to fill in the hole in the landscape screening. He endorsed the Use Permit renewal. Sandy Humphries, Environmental Design Committee, discussed screening needs, in particular, where the light post by the kitchen is located, and to the right rear fence. Frances Liu, 27241 Fremont Road, discussed the previous drainage improvements made by Beth Am and Mrs. Freeman, a neighbor, who was not willing to grant easements so Beth Am could work on her part of the creek. Since then, the property has changed hands and the new owners have re-routed the creek so to goes in two right angles instead of going through their back yard. She had previously mentioned this to Ola Balogun, associate engineer, who has since left the Town. She was directed to contact the Planning Director and/or new associate engineer. She was in support of the Use Permit renewal. CLOSED PUBLIC HEARING Brief discussion ensued. L in Planning Commission Minutes Approved 1/24/01 January 10, 2001 Page 3 MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Clow to recommend to the City Council approval of the extension of the Conditional Use Permit for an additional 5 years, Lands of Congregation Beth AM, 26790 Arastradero Road, subject to continued compliance with the original conditions of approval, and the following additions/changes: the recommended additional landscaping along the fence and the change in garbage pickup time. AYES: Chairman Cottrell, Commissioners Wong, Vitu, Gottlieb & Clow NOES: None This item will be scheduled for a City Council agenda. 3.2 LANDS OF MICHELETTI, 26271 Moody Road (124-00-TM-IS/ND-GD); A request to subdivide a 5.24 acre parcel into two (2) lots, and proposed Negative Declaration. Staff had nothing further to add to the report. Commissioner Vitu noted that the staff report indicated the MDA/MPA figures were after the dedication of the conservation easement. However, it does not appear correct. Staff responded that the correct figures are shown on the plans. ` OPENED PUBLIC HEARING ` Mark Micheletti, 26271 Moody Road, applicant, has owned the property for three years and he was excited about the subdivision and raising his children in the hills. Commissioner Gottlieb discussed the geological concerns and constraints to new development. The consultant has responded to these concerns by proposing a four to five foot bean above the existing residence to control debris flow and deepened culverts to control drainage around the house. She was concerned with the back of the lot with such beauty which would be lost with a bean. She asked if there was a way the structure could be built to act as a bean so they do not loose the beautiful swale area. Velimir Sulic, 2021 The Alameda, San Jose, project Civil Engineer, noted they could make a nice smooth swale, if preferred. He was not sure the applicant's property could support the path. Staff also felt it would be very difficult. Nancy Ewald, Pathway Committee, when looking at the property in June, they asked for a pathway easement along the right of way of Chaparral Way adjacent to the property along the edge of the road. She was asked if it was necessary to have an easement when the pathway would be along the road right of way. Commissioner Clow was not sure the applicant's property could support this path. Staff also felt it would be very difficult to locate a pathway on the applicant's property . IN Planning Commission Minutes Approved 124/01 January 10, 2001 Page 4 Mr. Sulic stated it would be very difficult to build the Chaparral Way pathway without grading and removing trees. In this case, this pathway is not necessary. Discussion ensued regarding the Negative Declaration, drainage flow, culvert location, sheet flow, and the driveway from Lot 1 to Lot 2 (condition #23). Dan Shaw had met with the previous Planner who suggested a $50,000 or $75,000 bond regarding the driveway situation. Sandy Humphries, Environmental Design Committee, noted that the portion of Lot 2 which is across Moody Road creek area should be in a conservation easement (lifeline for wildlife and maintains control of the creek). Also, 25 feet from the creek should only be planted with native riparian habitat and the area should be preserved as is. It was noted that the staff report indicates recommendation of a conservation easement rather than requiring one as this issue was not previously discussed with the applicant. CLOSED PUBLIC HEARING Commissioner Vint supported the application with the deletion of the trail along Chaparral Way and a conservation easement over the creek for protection. Commissioner Wong agreed. Commissioner Gottlieb felt this was a very constrained subdivision. It has all of the figures but there are geological concerns noting the MDA/NTA may not be entirely used due to the geological constraints. She agreed with the conservation easement over the creek and asked that the waterway be marked on the map. Also, efforts should be made to save the 30" deodara tree. Regarding building five feet from the existing Swale, she suggested 10 feet. Also, condition #19 should be corrected to note "Moody Road" rather than "Three Forks Lane." Commissioner Clow agreed with saving the 30" tree along with the large oak tree. He also felt the pathway along Chaparral Way was not much use for dedication. Chairman Cottrell agreed with the conservation easement on Lot 2, 25 feet from top of bank. The plans should show the creek and the limits of the creek. The pathway on Chaparral Way is not required and the pathway along Moody Road is required. Also, efforts should be taken to preserve the deodara tree. MOTION SECONDED AND PASSED: Motion by Commissioner Vita and seconded by Commissioner Clow to recommend to the City Council approval of the Negative Declaration and Tentative Parcel Map for a two lot subdivision, Lands of Micheletti, 26271 Moody Road; with the following additions/changes to the recommended conditions of approval: require a conservation easement 25 feet from top of the creek bank; deepen drainage Swale rather than the use of a berm, if possible; the pathway along Chaparral Way not be required; and efforts taken to preserve the deodara tree. AYES: Chairman Cottrell, Commissioners Gottlieb, Wong, Clow Vitu NOES: None This item will be scheduled for a City Council agenda. Planning Commission Minutes Approved 1/24/01 January 10, 2001 Page 5 4. OLD BUSINESS 4.1 Report from subcommittees -none. 5. NEW BUSINESS Chairman Cottrell asked for clarification regarding conservation easements over creeks which was provided by the Planning Director, referring to the General Plan. Discussion ensued regarding the Draft Town Survey. The Planning Director provided the original survey and the new draft for the Commission to review for discussion at the next meeting. Also, discussion regarding the basement ordinance will be placed on the next agenda under "New Business" to eventually hold a public hearing regarding same. Further discussion ensued regarding constrained lots which is being discussed at the City Council level. There was some concern regarding the changes made to the ordinance. Planning Commission options were discussed. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for January 4`", Commissioner Gottlieb, reported on the following items: review of basement ordinance; discussion of Town Code Section 2-2.1026) concerning Planning Commission; request for retroactive reimbursement of sewer construction cost, Lands of Shan, Elena Road; Lands of Montgomery; Lands of Yanez; and introduction of ordinance revising Sections 10-1.242 and 10-1.505(a), (c) and (e) of the Los Altos Hills Municipal Code requiting minimum setbacks for HVAC (heating and air conditioning) and pool equipment from property lines. 6.2 Planning Commission Representative for January 18th - Commissioner Wong 6.3 Planning Commission Representative for February 1" -Commissioner Vita 7. APPROVAL OF MINUTES 7.1 Approval of December 13, 2000 minutes PASSED BY CONSENSUS: To approve the December 13, 2000 minutes with a minor addition. 8. REPORT FROM SITE DEVELOPMENT MEETING- DECEMBER 19,200 AND JANUARY 2, 2001 8.1 LANDS OF CHASE & ARNOLD, 12180 Kate Drive Lot 9 (272-00-ZP- SD); A request for a Site Development Permit for a pool and a landscape screening plan. Approved with conditions December 19, 2000. Planning Commission Minutes January 10, 2001 Page 6 Approved 1/24/01 8.2 LANDS OF KAHN, 27868 Via Cotita (289-00-ZP-SD); A request for a Site Development Permit for a pool and decking. Approved with conditions January 2, 2001. 9. ADJOURNMENT The meeting was adjourned by consensus at 8:28 p.m. Respectfully submitted, La itf Smith-�" Planning Secretary kar 6