HomeMy WebLinkAbout8.1ITEM 8.1
Minutes of a Regular Meeting
Town of Los Altos Hills I
PLANNING COMMISSION
Thursday, June 05, 2014, 7:00 P.M.
Council Chambers, 26379 Fremont Road Los Altos Hills, CA 94022
Note: This document contains links that work in combination with the online version of the
Minutes. http://www.losaltoshills.ca. og v/city-j4ovemment/planning-commission/reports
Present: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge,
Commissioner Tankha, Chair Abraham
Staff: Debbie Pedro, Community Development Director; Nicole Horvitz, Assistant
Planner; Steve Padovan, Consultant Planner; Jaime McAvoy, Planning Secretary
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Chair Abraham noted a re -order in the agenda. Item 5.1 Presentation from the Pathways
Committee will now come after Item 9.2 Lands of Trembois.
2. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.
3. PUBLIC HEARINGS
3.1 LANDS OF JA INVESTMENTS, LLC. 26495 Altamont Road: FILE #1-14-ZP
SD -GD; A request for a Site Development Permit for a new 4,987 square foot two
story residence (maximum height 27'), a 4,589 square foot two story basement
with a 33' deep light well, and 1,499 square foot bunker. The applicant is also
requesting a Grading Policy Exception of up to 11'6" of cut for the main residence
where 8' is allowed and up to 18' of cut for the yard areas where 4' is allowed.
CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole
Horvitz).
Assistant Planner Nicole Horvitz presented the staff report.
The Commission asked questions of staff.
Chair Abraham opened the PUBLIC HEARING.
Applicant Akiko Yamazaki introduced herself and her project to the Commission.
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June 5, 2014
011ie Lundberg, Architect, spoke on behalf of the applicant.
Community Development Director Debbie Pedro confirmed the light well would
not require a grading policy exception.
The Commission asked questions of Mr. Lundberg.
Seeing no one else wishing to speak, Chair Abraham closed the PUBLIC
HEARING.
Commissioner Couperus stated his support of the project, and how this grading
exception is more compliant to the Town's development goals than if they had
followed Town policy.
Commissioner Mandle expressed her concerns with the amount of grading into the
hillside and how much dirt would be removed from the site.
Commissioner Partridge stated his concern that this could set a precedent for
designs in the future.
Commissioner Tankha also expressed her initial concerns over the amount of cut,
but stated the Town needed to recognize that the intent of the cut was to lower the
visual impact of the house.
Chair Abraham stated his support of the project and inquired if the applicant had
read over the conditions of approval, should the project be approved. Mr.
Lundberg stated that he had and felt they were acceptable.
Commissioner Couperus stated that the Town had no rules for how much dirt
could be removed from a hillside as the policy discusses cut and fill.
Commissioner Partridge agreed that dirt removal was not specifically mentioned,
but that the Town's policies try to minimize the disruption to the land.
Commissioner Couperus suggested the following wording for the findings for
approval:
"The proposed grading, while apparently not in conformance with the Town's
policy, in fact either achieves the purpose of this policy or in some cases even
exceeds these purposes beyond what a conventional design, and that was
constrained by such limits, would otherwise achieve. Specifically with respect to
the Los Altos Hills Municipal Code, chapters 10-2.102, 10-2.401, and 10-2-702(c)
the design has no effect, or minimizes, erosion, soil compaction, topsoil
displacement, siltation, and alteration of the scenic qualities of the terrain beyond
what a more conventional but fully compliant design would achieve. The degree of
cut and fill in the proposed design result in a structure that is even lower in profile
than the existing conventional residence, and removal of vegetation has also been
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June 5, 2014
minimized. In terms of "stepping" the structure down a sloped hillside, the effect
has been achieved by sinking the bulk of the residence into the hillside, and the
proposed profile is already completely within the 27' envelope over the slope
contour In conclusion, this project is designed so that there are no visible vertical
cuts, no high retaining walls nor any offsite intrusion to the natural topography;
exactly what the Town's grading policy is aimed at achieving. The Commission
agreed that these suggested findings were adequate."
MOTION MADE AND SECONDED: Commissioner Couperus moved to
improve a request for a Site Development Permit for a new 4,987 square foot two
story residence (maximum height 27'), a 4,589 square foot two story basement with
a 33' deep light well, a 1,499 square foot bunker, and a Grading Policy Exception of
Lip to 11'6" of cut for the main residence where 8' is allowed and up to 18' of cut for
the yard areas where 4' is allowed, given the findings for approval as agreed on by
the Planning Commission, in accordance with the recommended conditions for site
development. The motion was seconded by Commissioner Tankha.
AYES: Commissioner Tankha, Commissioner Couperus, Chair
Abraham, Commissioner Partridge
NOES: Commissioner Mandle
ABSENT: None
ABSTAIN: None
MOTION CARRIED 4-1.
3.2 LANDS OF KHANNA, 27911 Via Ventana Way; FILE #96-12-ZP-SD-CDP; A
request for a Conditional Development Permit for a 140 square foot addition to an
existing 4,004 square foot two story residence. CEQA Review: Categorical
Exemption per Section 15303 (a) (Staff -Nicole Horvitz).
Assistant Planner Nicole Horvitz presented the staff report.
Chair Abraham opened the PUBLIC HEARING.
Architect John Barton spoke on behalf of the project.
Commissioner Tankha inquired about the hardscape the applicants were intending
to remove.
Seeing no one else wishing to speak, Chair Abraham closed the PUBLIC
HEARING.
Commissioner Tankha stated her support of the project.
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June 5, 2014
Commissioner Partridge stated his support of the project.
Commissioner Mandle did not see a reason for the project to not be approved.
Commissioner Couperus agreed with the other Commissioners.
Chair Abraham stated that he too did not see a reason to not approve this project.
MOTION MADE AND SECONDED: Commissioner Tankha moved to approve
a request for a Conditional Development Permit for a 140 square foot addition to an
existing 4,004 square foot two story residence. The motion was seconded by
Commissioner Partridge.
AYES: Commissioner Tankha, Commissioner Couperus,
Commissioner Mandle, Chair Abraham, Commissioner
Partridge
NOES: None
ABSENT: None
ABSTAIN: None
MOTION- CARRIED 5-0.
3.3 LANDS OF TOPRANI. 26630 Ascension Drive: FILE #118-14-ZP: A reauest for
a Fence Permit and an exception to allow for a six (6) foot tall solid redwood fence
with a reduced setback of 30 feet from the Fremont Road right-of-way centerline
where a 60 foot setback is required. CEOA Review: Categorical Exemption per
Section 15303(e) - new construction of an accessory structure: (Staff -Steve
Padovan.
Ex Parte Communications: Commissioner Tankha stated that she had spoken with
the architect for this project. Commissioner Partridge stated that he had spoken
with someone affiliated with the project, but could not recollect with whom.
Commissioner Mandle stated she had met with the applicant. Commissioner
Couperus and Chair Abraham stated that they had not spoken with anyone
pertaining to this project.
Consultant Planner Steve Padovan presented the staff report.
Chair Abraham asked questions pertaining to the Public Utility Easement (PUE)
where the fence was currently located.
Commissioner Mandle inquired into the other options the Town had reviewed
before bringing this issue to the Commission.
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Chair Abraham opened the PUBLIC HEARING.
Applicant Subodh Toprani and his contractor, Mike Smith, spoke to the
Commission's inquiries and on behalf of their project.
Harry Price, Mr. Toprani's attorney, spoke to the applicant's vested rights.
Bill Vancleemput, Los Altos Hills, stated his opposition to the fence as it would
set a precedent for everyone else who wishes to install taller fences.
Chair Abraham closed the PUBLIC HEARING.
Commissioner Partridge stated that this fence should not have been proposed,
approved or built. He did not know how to rectify this, as both the applicant and
the Town are at fault.
Commissioner Mandle agreed with Commissioner Partridge, and was willing to
accept the non-compliant, grandfathered fence, but this fence needs to be compliant.
She also stated that the Town should help with costs
Commissioner Tankha did not support the fence in this location but expressed
concerns about the resources the applicant has already put into the project. She did
not have a solution for the problem.
Commissioner Couperus agreed with the statements of the other Commissioners,
and noted that this type of fence will not help with sound mitigation as the applicant
stated. He suggested planting a hedge. He did not have a solution to the problem,
but stated the fence needed to be removed or brought into conformance.
Chair Abraham did not support the fence or the current location. He did not see
any grounds for a special exception, but stated the Town should bear some of the
financial responsibility for a solution. He requested that staff investigate the
subdivision map in reference to the fence along the easement. Director Pedro
stated that the easement was not on the agenda for this meeting, but that staff could
be directed to investigate this as a separate issue. Chair Abraham agreed.
Commissioner Couperus suggested continuing the item to another meeting to
allow the applicant to look at other options to bring back to the Commission.
MOTION MADE AND SECONDED: Commissioner Partridge moved to
continue the request for a Fence Permit and an exception to allow for a six (,66) foot
tall solid redwood fence with a reduced setback of 30 feet from the Fremont Road
right-of-way centerline where a 60 foot setback is required to the July 10, 2014
Special Planning Commission meeting. The motion was seconded by
Commissioner Mandle.
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AYES: Commissioner Tankha Commissioner Couperus,
Commissioner Mandle Chair Abraham, Commissioner
Partridge
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED 5-0.
3.4 DISCUSSION OF PROPOSED CONSTRUCTION TIME LIMIT ORDINANCE
(Staff- Steve Padovan) (CONTINUED FROM MAY 8, 2014 PLANNING
COMMISSION MEETING).
Consultant Planner Steve Padovan presented the staff report.
The Commission asked questions of staff.
Chair Abraham inquired as to whether or not there would be a fee to file for an
extension with this new ordinance. Mr. Padovan stated that this had not been
determined yet. Director Pedro mentioned the likelihood of a processing fee.
Commissioner Couperus confirmed the chain of command in approving the
extensions with this policy and made mention of the possible fees.
Commissioner Partridge stated his preference for a flat monetary penalty rather
than a percentage, as he did not feel the percentage would create enough of an
incentive.
Commissioner Mandle asked for clarification for the stipulations around the
penalties and how/when they are due to the Town.
Chair Abraham opened the PUBLIC HEARING.
George Tyson, Los Altos Hills, asked how this would affect current projects that
are causing issues in Town.
Kjell Karlsson, Los Altos Hills, asked the Commission to consider exceptions for
elderly people who are slowly performing the work themselves.
Further Commission discussion ensued.
Chair Abraham closed the PUBLIC HEARING.
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Mr. Padovan stated that he would take the comments by the Commission, as well
as be open to any additional comments and emails that they may have to
incorporate in the new ordinance. This new ordinance will be brought back for
additional comments from both the public and the Commission.
4. OLD BUSINESS - none
6. REPORTS FROM THE CITY COUNCIL MEETINGS
The Commission now considered Item 6.1
6.1 Planning Commission Representative for May 15 - Commissioner Tankha
Commissioner Tankha presented a report on this meeting.
6.2 Planning Commission Representative for June 19 - Commissioner Mandle
6.3 Planning Commission Representative for July 17 - Commissioner Partridge
6.4 Planning Commission Representative for August 21 - Chair Abraham
7. APPROVAL OF MINUTES
7_1 Approval of May 8, 2014 minutes.
Eileen Gibbons requested a correction to the minutes. Commissioner Mandle
stated that the minutes were reflective of the intent of her motion.
MOTION MADE AND SECONDED: Commissioner Couperus moved to
qpprove the May 8, 2014 minutes. The motion was seconded by Commissioner
Partridge.
AYES: Commissioner Tankha, Commissioner Couperus,
Commissioner Mandle, Chair Abraham, Commissioner
Partridge
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED 5-0.
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8. REPORTS FROM FAST TRACK MEETINGS - MAY 13, MAY 20, MAY 27, 2014.
8.1 LANDS OF LAM AND CHANN, 24100 Hillview Road: File #34-14-ZP-SD; A
request for a Site Development Permit for the major remodel of an existing single-
family dwelling along with additions of 1,208 square feet to the ground floor and
748 square feet to the second story (Maximum height of 27'). CEQA review:
Categorical Exemption per Section 15301(e) (Staff -Steve Padovan).
8.2 LANDS OF WIMMER; 21886 and 21888 Blue Oaks Place (APN 182-25-023 and
182-25-024): File #330 -13 -LLA; A request for a Lot Line Adjustment to modify
the property line between the two properties. CEQA review: Categorical
Exemption per Section 15303(a) (Staff -Cynthia Richardson).
8.3 LANDS OF WIMMER, 21888 Blue Oaks Place (APN 182-25-023): File #332-13-
ZP-SD-GD; A request for a Site Development Permit for a 4,453 square foot two-
story new residence (Maximum height 27') with an 875 square foot detached
garage, a 3,027 square foot basement and a 1,500 square foot swimming pool.
CEQA review: Categorical Exemption per Section 15303(a) (Staff -Cynthia
Richardson).
8.4 LANDS OF WIMMER, 21886 Blue Oaks Place (APN 182-25-024): File #331-13-
ZP-SD-GD; A request for a Site Development Permit for a 1,053 square foot one-
story new residence (Maximum height 27') with a 534 square foot detached
garage. CEQA review: Categorical Exemption per Section 15303(a) (Staff -
Cynthia Richardson).
9. REPORTS FROM SITE DEVELOPMENT MEETINGS - MAY 27, JUNE 3, 2014.
9.1 LANDS OF DJNH, 26420 Eshner Court; File #59-14-ZP-SD; A request for a Site
Development Permit for landscape screening for a 9,321 square foot two-story
new residence with a basement and a 782 square foot detached garage approved
on December 18, 2012. CEQA review: Categorical Exemption per Section 15304
(b) (Staff - Cynthia Richardson)
9.2 LANDS OF TREMBOIS, 10440 Albertsworth Lane; File #41-14-ZP-SD; A
request for a Site Development Permit for a landscape screening plan for a new
5,889 square foot two story residence with a basement and swimming pool
approved at the June 23, 2009 Fast Track hearing, and a new 6' tall black vinyl
coated chain-link fence along the north property line. CEQA review: Categorical
Exemption per Section 15304 (b) (Staff -Nicole Horvitz).
The Commission now considered Item 5.
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5. NEW BUSINESS
Chair Abraham suggested that the Commission restrict speaker time from three (3)
minutes to two (2) minutes at the next Planning Commission meeting for the Fremont
Hills Country Club hearing, as they anticipated a large response from the Community.
The Commission agreed.
5.1 Presentation from the Pathways Committee
Eileen Gibbons, Pathways Committee, gave a power point presentation to the
Commission explaining the Pathways map, the Master Path map, and the function
of the Pathways Committee. The Commission thanked Ms. Gibbons for her time.
10. ADJOURNMENT
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