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HomeMy WebLinkAbout02/21/20084W Minutes of a Regular Meeting Approved 3/6/08 Town of Los Altos Hills PLANNING COMMISSION THURSDAY, February 21, 2008, 7:00 p.m. Council Chambers, 26379 Fremont Road 1. ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Carey, Commissioners Clow, Collins and Harpootlian Absent: Commissioner Cottrell Staff: Debbie Pedro, Planning Director; Brian Froelich, Associate Planner; Richard Chiu, City Engineer; Brian Crossman, Special Counsel and Victoria Ortland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none 4 3. PUBLIC HEARINGS 3.1 LANDS OF AGAM AND COHEN, 25706 Elena Road (148 -07 -IS -ND - TM); A request for a three lot subdivision of an existing 3.38 acre parcel. The property is zoned R -A (Residential -Agricultural). CEQA Review: Mitigated Negative Declaration (Staff -Brian Froelich, AICP). Ex Parte Contacts Policy Disclosure: Chairman Carey and Commissioner Harpootlian had met the applicants on site. Commissioner Clow had met with applicants on the site and had also talked with one of the neighbors. Commissioner Collins recused herself from this item as she is within a 500 foot radius of the site. Brian Froelich, Associate Planner, presented the staff report for the proposed three lot subdivision. The vacant site of 3.38 acres in size has a 60 foot frontage on Elena Road and a 388 foot frontage on Vinedo Lane. The tentative map design for the subdivision has an ingress/egress easement off Vinedo Lane for parcels two and three that are situated behind parcel one. There is a recommendation for a ten foot pathway easement for installation of a pathway along Vinedo Lane. An overhead utility line is required to be put underground and a well must be capped off or permitted by the Santa Clara Valley Water Department. Of the 109 trees on the site, 24 are proposed for removal. Two heritage oaks are among the trees to be removed to provide access to parcels two and three. The conditions of approval recommend a two to one replacement of the trees and a two to one replacement of the heritage oaks with 36" box oak trees. The Town and Santa Clara County Fire Department have required the widening of Vinedo Lane on the north (applicant's) side. As a private road, the maintenance of Vinedo Lane is Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 2 40 subject to a road maintenance agreement. Town staff and the City Attorney have examined the road maintenance agreement with regard to the road widening requirement and concluded that, as the permitting authority, the Town can require a private road to be widened for a major development project. Further, a precedent was set in 1995, when as a condition of approval for a new residence; Vinedo Lane was widened to 20 feet at a location further up the street. The project meets the Town's subdivision ordinance requirements. A recommendation from Planning Commission to the City Council is requested on the tentative map, initial study, mitigation monitoring program and the mitigated negative declaration. Commissioner Clow asked if the cypress trees along Vinedo Lane would be removed if the pathway was constructed in the proposed location. Brian Froelich replied that the cypress trees would remain and the path meander around them if the Commission upheld the Committee's recommendation. Commissioner Harpootlian asked if the replacement ratio of two to one for the heritage oaks was sufficient. Debbie Pedro, Planning Director, replied yes, as the oak trees used for the two to one replacement will be 36" box oaks. ( Chairman Carey asked if removal of the trees should wait until the home development plans for the three homes we submitted. Brian Froelich replied that the oak trees needed to be removed for ingress/egress purposes. Chairman Carey requested clarification on the pathway location and the reason it is not adjacent to the road. Brian Froelich explained that the Pathways Committee had asked for a ten foot easement along the property boundary. The pathway is required to be 5 feet wide and was proposed to be located away from the street to preserve the cypress trees. OPENED PUBLIC HEARING Issac Again, Applicant, stated that the subdivision complies with the Town's requirements. Sewers will be installed instead of septic systems. The trees to be removed will be replaced and the remaining trees will be trimmed. The property has the legal right to access Vinedo Lane. He thought the addition of the traffic created by three new families on Vinedo Lane would not have a significant impact. He felt that the driveway entrance on Vinedo Lane would be safer than the current driveway entrance on Elena Road. He preferred the pathway next to the road. John Trayer, Vinedo Lane Road Association President, stated that Vinedo Lane is a private road maintained by the members. He felt that the concept of something being added to the road without input by the homeowners when their Road Association would be taking care of it is not correct. He had concerns over where the road would be widened. Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 3 40 Commissioner Clow asked if the issue of widening the road were removed from the project, would the objection to the subdivision be removed. Commissioner Harpootlian said that the State of California has standards for private roads and the Santa Clara County Fire Department had recommended a 20 foot road for safety. John Trayer felt that he did not have substantial information to make a decision and the Road Association should have input on the road widening. Chairman Carey asked if there were any other concerns that would cause opposition to the subdivision. John Trayer said other neighbors would bring up other issues. Chairman Carey asked if it was possible that the widening of the road and adding a pathway could actually create a benefit to the neighborhood. John Trayer answered in the affirmative. He said that he would like the Town to take over the road because he pays taxes like everyone else but since he pays for road maintenance he wants his input to count on what happens to the road. All the homeowners should have a vote on changes since they have to pay to maintain the road. 4 Steven Wang, Vinedo Lane, had concerns that some pine trees as well as the cypress trees would need to be removed as a result of the road widening. He felt that that if the road was widened entirely toward the applicant's property, the resulting dead end of the pavement at his property would create a dangerous situation for which he did not want to be liable. Chairman Carey asked if Mr. Wang could support the subdivision if the issue of the road was not widened. Mr. Wang stated that he had no issues about development. When he bought his property he knew the lot was empty and felt that neighbors and development would be nice. He thought there would be two new houses but if the city laws are abided by he would accept three new homes. His concern was more with the safety of the road and with the trees. Lisa Wang, Vindeo Lane, addressed the removal of tree numbers 61, 62, 63 and 81. She felt that the view of the new residences from her home could be mitigated with the preservation of some of the trees. She wondered if the heritage oaks could be saved if the driveway design was reconsidered. Chairman Carey suggested that the only trees approved for removal at this time should include only those necessary for ingress/egress of the property. The other trees could be preserved at this time and addressed at site development. 4 Craig Miller, Vinedo Lane, explained that the Vinedo Lane Road Association collects a fee from the members for improvements on their property and he expected that the applicant's Road Association improvement fees be included in the Town's approval of the subdivision. Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 4 40 Chairman Carey asked if he wanted the Planning Commission to become involved with enforcement of the Vinedo Lane Road Association agreement. Mr. Miller wanted to make sure that the applicants became members of the Road Association and paid their fees. He was concerned about the safety of the road and the preservation of the trees on the site. He understood that the site would be developed when he purchased his property. He thought that there would be two lots instead of three in the subdivision. He wished to have open communication with the developers and cooperation to understand the plans for the subdivision. Commissioner Clow asked if he had concerns with the proposed location of the road widening and the tree removal. Mr. Miller explained that he was concerned over liability because the applicant's proposed driveway was just in front his driveway. He would like the trees mentioned to be preserved. Dan Siegel, Attorney for homeowners on Vinedo Lane, felt that the relationship between the parties had gotten off on the wrong foot. He suggested that the subdivision process be slowed down to give more time for the homeowners to consider all aspects of the project. Issues such as road widening, safety of the road, the traffic study, sewer plans, utility pole location, pathway placement and tree removal could be discussed at a meeting of all concerned. He felt the subdivision application was not ready for consideration by the City Council. The staff report to the City Council could contain the input of the homeowners from the group meeting. Scott Macomber, Vinedo Lane, did not oppose the development, the location of the driveway or the road widening but had concerns over the impact of the proposed changes on Vinedo Lane at Elena Road. He felt that the intersection would become more dangerous for vehicles traveling down Elena Road from Moody Road and turning left onto Vinedo Lane. There are also drainage issues on Vinedo Lane. Donna Barreto, Ridgewood Lane, had concerns about the issue of safety on Vinedo Lane at Elena Road and the preservation of the trees on the project site. She requested a further study of the traffic flow on the road. Patty Trayer, Vinedo Lane, said that a dangerous situation was being created with the addition of more driveways near the busy area of Vinedo Lane. The heritage oak trees should be preserved. She wanted the Planning Commission to consider the opinions of all the neighbors affected by the subdivision. She wanted to know the plan for parking contractor's vehicles during the construction of the three new residences so trucks would not be allowed to park on Vinedo Lane. Commissioner Harpoothan explained that the details related to the construction of the homes would be submitted in a construction operation plan during the time of review of each individual residence. OAW George Thabit, Ridgewood Lane, commented that access rights to private roads are determined by the people that have the right to use the road. He felt that access had not been completely Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 5 4 agreed upon and the opposition was the access to the site from Vinedo Lane over the Elena Road entrance. Sandy Humphries, Environmental Design Committee, wanted the heritage oak trees to remain. The removal of the other trees could be reevaluated when the site is developed. She also thought it might be possible to have the driveway meander around the oak trees that are in its proposed path. She stated that oaks are important for the local animal habitat. Desmond Tuck, Attorney for the applicant, wished to apologize for any misconception created by the letter sent to the neighbors regarding the proposed subdivision. He disagreed with the Road Association's opinion that the Association had to approve any changes to Vinedo Lane. The public process followed for the subdivision approval had allowed access to all documents related to the subdivision. Issue Again, Applicant, mentioned that two letters had been sent to the neighbors regarding their plans for the subdivision. He had attended the annual meeting of the Vinedo Lane Road Maintenance Association to explain the project. A legal opinion regarding his property rights to use Vinedo Lane for access was requested during that meeting by some of the members. He agreed to meet with the neighbors to discuss the project and the road widening. He wanted the neighbor's input on the location of the road widening. He asked for an addition to the conditions to allow the subdivision to proceed if there is a delay while the road widening decision is being L examined. Commissioner Clow asked about preserving the oak trees. Mr. Again said the oak trees would be saved if at all possible. Eli Gavra, Applicant, said the arborist had reported the trees in question to be of poor stability. CLOSED PUBLIC HEARING Richard Chiu, City Engineer, explained the Town's regulations for sewer systems. Currently the requirement for pressure lines in the right of way is that each property has its own individual line. A sleeve must be installed in the right of way to keep the trenching to a minimum. The sleeve becomes part of the Town's system and the individual pressure lines are put inside the sleeve. Disturbance to the road is minimized with additional future sewer connections. The applicant does have the opportunity to enter into a sewer reimbursement agreement with the Town for the installation of the sleeve. Commissioner Clow asked if it was feasible to set up a process to allow the subdivision to go forward but let the Road Association work with staff to come to a decision about the location of the road widening. Debbie Pedro answered that Vinedo Lane is required to meet the Town and Fire Department 40 road standards. The details and design of the road widening are normally submitted after the approval of the tentative map and reviewed by the City Engineer. Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 6 4 Commissioner Clow felt it was appropriate for the neighborhood residents of the Road Association to have input into the decision of how and where the road will be widened. Richard Chiu stated that the requirement for widening the road should remain a condition but the details on how it could be accomplished maybe discussed. Commissioner Clow felt the members of the Road Association were alarmed that the Vinedo Lane changes were being designed without their input. He thought it was important to add a condition of approval to have the Road Association (including the applicant) play a primary role along with the engineers for the design changes proposed for Vinedo Lane. This would keep the road widening issue from preventing approval of the subdivision. Regarding the trees numbered 61, 62, 63 and 81; they should be protected and not removed. The cypress trees should stay m part of the subdivision approval with the pathway installed behind the cypress trees. The sewer system should require three pressure lines. Commissioner Harpootlian said the widening of the road was a requirement for safety issues. He felt the project had not been rushed through the process. He suggested a three or five to one replacement ratio for the oak trees. He wanted to delay the removal of the trees and have the trees discussed at the time of site development. He thought the subdivision should move forward. Chairman Carey felt the subdivision met all the Town's requirements. The road should be widened to 20 feet for safety issues. The proposed plan should be approved as drawn. The road would be widening four feet towards the applicant's property with the specific note that if the Road Association prefers it widened two feet on either side of the road that would be allowed. He thought it was important to make the recommendations as specific as possible for the subdivision. The pathway should abut the roadway with a five foot easement with the cypress trees removed. Only the trees within the required ingress/egress across parcel one, stopping at the lot lines of parcel two and parcel three, should be removed. The other trees can be evaluated at the time of site development. In regards to the heritage oaks, he would recommend the applicants work with staff on the location of the driveway to preserve the trees if possible. The replacement ratio for the oak trees of two to one is appropriate. Commissioner Clow thought that the Road Association should be given the opportunity to convince the engineers that the road need not be widened the entire length and propose other options. Commissioner Harpoothan stated that the recommendation was to widen the road to 20 feet MOTION AMENDED, SECONDED AND PASSED: Motion by Commissioner Clow and seconded by Commissioner Harpoothan to recommend to the City Council to adopt the mitigated negative declaration and mitigation monitoring program in Attachment 3. Also recommend the approval of the tentative map based on the findings in Attachment 2, subject to the conditions of approval in Attachment 1, with the exception that the only trees required to be removed at the 4 time of subdivision approval are those along the ingress/egress specifically across parcel one; and recommend that staff work with the applicant to meander the driveway around the trees if possible. Planning Commission Minutes February 21, 2008 Page 7 AYES: Chairman Carey, Commissioners Clow and Harpoothan RECUSED: Commissioner Collins ABSENT: Commissioner Cottrell NOES: None Approved 3/6/08 MOTION SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion by Commissioner Harpoothan and seconded by Chairman Carey to recommend to City Council a five foot pathway easement adjacent to the road and remove the cypress trees and any trees necessary to install the pathway. The screening provided by the removed trees will be replaced at the time of the installation of the landscape screening plan on the other side of the pathway easement. AYES: Chairman Carey, Commissioner Harpootlian RECUSED: Commissioner Collins ABSENT: Commissioner Cottrell NOES: Commissioner Clow MOTION AMENDED, SECONDED AND PASSED BY THE FOLLOWING ROLL CALL VOTE: Motion by Commissioner Harpootlan and seconded by Commissioner Clow to recommend to City Council to revise condition of approval number 14 to read "Vinedo Lane shall be widened to 20 feet along the length of the subject site's Vinedo Lane frontage. The improvements shall be constructed to the satisfaction of the Town Engineer or bonded for prior to the recordation of the final map. The Town Engineer shall consult the members of the Road Maintenance Association regarding the design and location of the widening. If the Road Maintenance Association and the Town Engineer cannot agree on a design and location of the widening, the widening shall occur on the north side of the existing road. Subject to fire and safety approval, the widened road may taper down to the existing width beginning ten (10) feet from the western property line of the subject property." AYES: Chairman Carey, Commissioners Clow and Harpootlian RECUSED: Commissioner Collins ABSENT: Commissioner Cottrell NOES: None MOTION AMENDED, SECONDED AND PASSED: Motion by Chairman Carey and seconded by Commissioner Harpootlian to recommend to City Council the removal, if needed, of the three pine trees along Vinedo Lane if the final design of the road is widened towards the applicant's property. AYES: Chairman Carey, Commissioners Clow and Harpoothan RECUSED: Commissioner Collins ABSENT: Commissioner Cottrell NOES: None 4 These recommendations will be forwarded to a future City Council meeting. Planning Commission Minutes Approved 3/6/08 February 21, 2008 Page 8 640 Commissioner Clow wanted trees planted immediately to screen the project from the view of the Wang's and Miller's residences. Debbie Pedro stated that with the replacement ratio for the trees to be removed, 16 trees would be available for screening. Staff would work with the applicant and the two neighbors on the placement of the trees. 4. OLD BUSINESS - WATER CONSERVATION COMMITTEE REPORT Commissioner Harpootlian reported on the State's Model Water Efficient Landscape Ordinance and stated that the model ordinance will be available at the beginning of 2009 and must be adopted in 2010. He pointed out in the proposed model ordinance the section he felt relates to the Town regarding new construction. He also noted the section on landscape irrigation audits for existing landscapes. The ordinance needs to be examined and decided if it is appropriate for Los Altos Hills. There is a comment period through the end of March. The Planning Commission may wish to forward their ideas to the City Council on what should be recommended to the State regarding what is in the interest of the Town. He suggested this item be discussed at the next Planning Commission meeting. Debbie Pedro said that Councilmember Kerr had requested that the item be placed on the February 28`h City Council meeting agenda. Staff will be requesting direction from the City 40 Council at that time on how to proceed. 5. NEW BUSINESS - none 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for January 24ih — Commissioner Carey reported on the Council approval of the Final Map Certificate of Correction for Parcel Map number 710. 6.2 Planning Commission Representative for February 14'h —Meeting adjourned to February 28`h 6.3 Planning Commission Representative for February 28" — Commissioner Collins 6.4 Planning Commission Representative for March 13`h — Commissioner Clow 6.5 Planning Commission Representative for March 27" —Commissioner Cottrell 7. APPROVAL OF MINUTES 7.1 Approval of January 17, 2008 minutes. MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Harpootlian and seconded by Commissioner Clow to approve the January 17, 2008 minutes as presented. Planning Commission Minutes February 21, 2008 Page 9 8. REPORT FROM FAST TRACK MEETING - FEBRUARY 19 2008 Approved 3/6/08 8.1 LANDS OF KIANIAN, 14320 Miranda Road; File #94-07-ZP-SD; Review of a Site Development Permit request for a 1,192 square foot addition and remodel (maximum height: 25 feet). The project includes a two story addition to the existing residence and a new two story, detached garage. CEQA Review: Categorical Exemption per Section 15301 (e) (Staff -Brian Froelich) (Approved with conditions). REPORT FROM SITE DEVELOPMENT MEETING—JANUARY 22 2008 9.1 LANDS OF HYVER, 12366 Priscilla Lane; File 4202-07-ZP-SD; A request for a Site Development Permit for landscape screening. CEQA review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 10. ADJOURNMENT The meeting was adjourned by consensus at 10:07 p.m. ow Respectfully submitted, Victoria Ortland Planning Secretary 4