HomeMy WebLinkAboutItem 7.1Minutes of a Regular Meeting DRAFr
Town of Los Altos Hills
PLANNING COMMISSION
THURSDAY, JANUARY 19,2006,7:00 p.m.
Council Chambers, 26379 Fremont Road
cc: Cassettes ( 2 ) #1 -06
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 Cottrell, Commissioners Carey, Kerns, Collins & Clow
Staff: Carl Cahill, Planning Director; Steven Mattas, City Attorney; Debbie Pedro, Senior
Planner; Brian Froelich; Assistant Planner; Lam Smith, Planning Secretary
2. PRESENTATIONS FROM THE FLOOR -none
3. PUBLIC HEARINGS
MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Carey,
seconded by Commissioner Collins, and passed by consensus to limit the length of time for
public comments to three minutes and a one time trip to the podium, unless they are asked to
come back by a Commissioner.
3.1 PREZONING OF UNINCORPORATED SAN ANTONIO HILLS AREA:
Prezoning of approximately 82 unincorporated parcels (19.99 acres) east of the
Town of Los Altos Hills and south of the City of Los Altos, generally between
Magdalena Avenue and Eastbrook Avenue including Spalding Avenue, Par
Avenue, Winding Way, Putter Avenue, and Putter Way. The proposed Town of
Los Altos Hills zoning designation, Residential-Agricultual, would have no effect
unless these lands were annexed to the Town. No such annexation is proposed as
a part of this project. No physical changes are proposed as a part of this prezoning
application (continued from December 8, 2005) (staff -Debbie Pedro).
PASSED BY CONSENSUS: To continue this item to the first meeting in February (2/02/06) to
allow staff mom time to research additional information per the direction of the Commission at
their meeting on December 8, 2005.
PASSED BY CONSENSUS: To reverse the order of 3.2 and 3.3.
Planning Commission Minutes
January 19, 2006
Page 2
I P] A.1 0
3.3 LANDS OF LOS ALTOS HILLS (APPLICANT: CINGULAR WIRELESS), 2
6379 Fremont Road (214-05-ND-IS-SD-CLJP); A Site Development Permit and
Conditional Use Permit for an unmanned wireless and emergency
communications facility consisting of three (3) pain of panel antennas and four
(4) emergency communications antennas mounted on a 70' tall artificial tree pole
with associated ground equipment at Town Hall. A 5'6" emergency radio
antenna is proposed to be installed on top of the 70' pole for a total height of
75'6." No antennas are proposed to extend beyond the sides or above the tree
canopy. The Planning Commission will also review the Cingular Wireless Three
to Five Year Antenna Master Plan Application pursuant to Policy #6 of the Town
Wireless Communication Facilities Policy (staff -Debbie Pedro).
Staff introduced this item by providing an over view of the Cingular wireless 3-5 year Master
Plan as required by the Town's Wireless Communications Policy showing all sites anticipated to
be required by the carrier for the next 3-5 years, to the best of their knowledge. There ane
currently four Cingular Wireless sites within the Town of Los Altos Hills: Foothill College; Little
League Field; Purissima Hills Water District site on Ascension; and Cal Trans property at 1-280
and Arastraderci Road. The project in front of the Commission is for the Town Hall facility
There will also be a cell site proposed at the Purissima Hills Water District site on Arastradero
Road and Purissima Road. There is a third project submitted by Cingular at St. Luke's Chapel
which will be before the Commission in the near future. Them are two other sites on the
Cingular's master plan; Moon Lane and Purissima Hills Water District site on Matudero Creek
Court. Staff provided an overview PowerPoint presentation of all the proposed sites. She further
discussed the proposal for a wireless and emergency communications facility consisting of three
(3) pairs of panel antennas and four (4) emergency communications antennas mounted on a 70
foot tall artificial tree pole with associated ground equipment. A 5'6" Town emergency radio
antenna is proposed to be installed on top of the 70 foot pole for a total height of 75'6". The
proposed emergency communications antennas will be connected to equipment in the existing
Emergency Operations Center (Heritage House). She provided some slides of other tree poles
located in Palo Alto and Mountain View. The tree pole design was selected as it will blend in
best with the existing buildings and landscaping in the surrounding area. The wrial photograph
shows the distance of the facility to the nearest residences; the closest residence at 120 feet away
on Conejo Court; the farthest away is 330 feet away on Esperanza Drive. To mitigate the
potential view impact of the tree pole, staff is recommending the installation of a number of fast
growing evergreen trees, six of them to be planted on the north property line to screen the view
from the Bien property, six trees t
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January 19, 2006
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Planner Pedro further discussed the roll of this five year Master Plan and what relevancy it has on
a decision and how the Planning Commission should respond to the Master Plan referring to the
Town's Wireless Communication Policy. Each of the proposed sites needs a separate application
and approval.
Commissioner Kerns noted that condition #15 regarding the trees, the requirement in terms of the
size is written slightly differently than #13 and #14 referring to a 20 foot minimum height at
installation; #15 refers to a 36" box. Planner Pedro responded by stating that they had contacted
Tom Klope, the landscape architect for the Town Hall to see what maximum size trees could be
placed there. Because this area is already developed with the generator and also some existing
trees, the 36" box tree is the maximum size that can be installed without a crane.
OPENED PUBLIC HEARING
Tony Kim, Cingular Wireless representative, stated that Cingular Wireless has been committed to
providing effective coverage in this part of Town for nearly three years. Their radio engineers
tested the site at various heights, analyzing the data realizing that a minimum of 70 feet would be
necessary to provide effective coverage to the surrounding area. Town Hall and Town owned
properties are preferred locations and therefore this proposal is in accordance with Town
priorities. Technological requirements necessitated 70 feet in height. Since them are other
existing trees, they felt a tree pole would be the best to disguise the antennas and blend into the
surrounding environment. The panel antennas will not be visible to public view. The cabinets
that operate this facility will be enclosed in the existing shed. They are proposing to construct a
four foot tall wooden screen so the shed is not visible from the street. He felt what was critical
and very important for this proposal is that the tree will be co -locatable. Cingular has been
working with the emergency communication folks for two years now. Without them the tree
could handle two more carriers in addition to their installation. He felt this was a good proposal
and would greatly improve the coverage in the area. They respectfully requested approval of this
application.
Discussion ensued regarding the proposed color of the tree pole and working with staff, how to
make it appear more natural to blend into the surroundings.
Commissioner Kerns referred to another Cingular site, S1718-11, Purissima I -Tills water tank,
asking how much analysis have they gone through in terms of evaluating sites.
Tony Vim stated cell phones are no longer a luxury but a necessity.
Commissioner Carey questioned co -location of another carrier asking how much lower the
Emergency Communication antenna would have to be to accommodate a second carrier. Mr.
Kim felt it really depended on the carrier's needs and the size of the antennas needed. He felt that
they could accommodate one more carrier directly below their antenna. They could
accommodate two more carriers wi
Planning Commission Minutes DRAM'
January 19, 2006
Page 4
David Gilmour, Emergency Communications Committee member, felt it was great to enhance the
cellular service in this area however emergency communication is badly needed by the Town. In
a disaster, the cellular network will not function. It is not designed to be emergency
communications equipment. What they have designed with an array of talent (engineering and
operational) on their committee is a system that will do so. He provided information regarding
how the antennas will function during an emergency (committee manning a desk). Each one of
the antennas is connected to a wire to a radio to a human being who is a volunteer trying to save
lives and property in this Town in the event of an emergency. He would urge the Commission to
seize this wonderful opportunity to get the Town's infrastructure funded. He further discussed
the rational and requirements needed for the height of the antennas.
Commissioner Carey asked what the Town's current emergency capability was, how many
antennas are on site and how tall are they, and what do they need to do that they cannot do now.
Mr. Gilmour stated in the current configuration the antenna is useless for supporting the positions
in EOC because they interfere with each other. As a result, they do not use the EOC to its
intended capabilities. Everyone would agree that more is better for technology support in Town.
He did not feel the Town has done the detailed planning to determine whether a second cell
system could in fact work. However, when the next cell carrier comes to the podium to speak,
they will wish to be at the 70 foot position and only they may speak to their requirements.
Commissioner Carey asked if they could use only two antennas instead of four antennas so they
can get another cellular carrier on the tree pole.
Mr. Gilmour stated that the Committee felt that the four antennas are appropriate and necessary to
make the EOC work according to the operational plan. Commissioner Carey asked if them would
be any personal use of the antennas. Mr. Gilmour responded no. It is only for drills and
emergencies.
Jim Abraham, EOC member, was delighted with what Cingular has offered to do (free antenna
system) adequate for their needs. If you want more carriers on the tree pole, grow the tree a little
(8 feet for an additional carrier). When other carriers come along, they will want 70 feet in height
also.
Sandy Humphries, Environmental Design Corrunittee, asked if them are any additional generators
to be placed on the site. Staff responded no. Since the Town Hall generator is noisy, Humphries
requested it be triple re -enforced to keep the Town quiet.
Rhonda Bmier, Esperanza, backyard neighbor of Town Hall, stated that she can see the current
tower (COW) from every room in her house. She had a gorgeous view until it went in. This
problem has been taken care of with the (proposed artificial) tree around it which does not look so
bad. The real problem she has with it is that her son and all of her neighbors use the bus stop
t -
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January 19, 2006
Page 5
anywhere near or adjacent school property. The resolution stated "potential health effects to
individuals especially children finin exposure to extremely low frequency, electromagnetic and
radio frequency radiation". Just like everyone else she likes using her cell phone but she is
concerned that this particular cell tower is right where it is a bit dense (neighbors, Town Hall
employees, the bus stop). She felt them were many other places where them would not be an
immediate exposure to homes, offices, bus stops and children. She was not against the tower; it
just doesn't make sense to place it here. At the very least she suggested a six month
moratorium/study. If it has to be on this property at least put it new the parking lot and away
from the kid's bus stop.
Mark Breier, Esperanza Drive, stated that they have battled over this land before. He felt it was
ridiculous that the bus stop is not indicated on this map. He works for Plantronics who makes
head phones and he knows all the data is inconclusive. Them are enough issues that experts are
saying do not put antennas close to kids. He suggested a six month moratorium to figure out what
is the appropriate method to deal with cell phone coverage. The other tower being proposed
tonight has very few people around it. This tower has three or four residences, the sheriff's
station, bus stop and the Council Chambers all within 300 feet from this antenna. For the Town
record, he left a design of the residents' alternate suggested footprint for the New Town HaN, and
ufilizafion of open space discussed at the time of the review of the new Town Hall.
Guy, Esperanza Drive, stated he was new to the area, living next to the Briers. He too has a cell
phone. in the interest of maintaining the rural nature of the community, they should find less
environmentally impacted locations for the tower. Also, the Town should have an overall
coordinated plan considering available sites, and the consensus between the different operating
companies where these can be co -located. They should take six months to figure out how they
want communications to be set up in Town.
Dede Huffman, Catherine Court, agreed with the previous speaker in that just because it is Town
owned land does not necessarily make it the best places for a cell tower. She was not sure if they
should be relying on Cingular to determine the best locations for towers. She felt they needed a
Town policy that was mom comprehensive. The current policy does not discuss possible damage
to nearby neighbors (property values). She felt it was a time to take a step back to figure out what
the Town really needs; not what Cingular needs. Cingular's first proposal was for a flag pole that
was only 50 feet. Why do they need 70 feet now?
Scott Dunham, Development Manager for T -Mobile, stated since there are questions regarding
other carriers, he was available to offer my information or answer any questions. Many times
people are afraid of something that they are unfamiliar with which
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January 19, 2006
Page 6
Cingular and T -Mobile as well as many of the other carriers try to maximize the height by using
artificial means to blend into the environment.
Barry Smith, Estacada Drive, felt the cell phone coverage in his area is poor. The citizens want to
urge the Commission to find a way to improve the cell phone coverage. He urged approval of
this project as they need to get moving on solving this problem. He was hopeful they would
educate themselves regarding co -location.
Randy Hart, Miranda Road, cautioned the Commission regarding the throwing out of facts
without justification behind them. These are very complicated issues. He did not feel this tower
would be allowed under European standards in this location. He encouraged the Commission not
to take information presented at face value.
Dru Anderson, Chair, Emergency Communications Conunittm, stated that they had previously
proposed a similar antenna on a 60 foot lattice tower, changing it to a monopole. Staff asked
them to work with Cingular on a co -location to see if they could co -exist. She further discussed
emergency communication and cell coverage. They are always happy to work with staff
regarding working out any technical needs.
Robert Weller, Senior Engineer with Hammett & Edison, stated that Cingular Wireless had
retained his firm to study the exposure potential of this particular tree pole site (staff report
attachment #7). The conclusion is that the maximum exposure calculated is about three tenths of
one percent of what is allowable under FCC guidelines for a 24 hour a day, seven days a week,
365 days a year exposure. He discussed the comparison of the exposure from this operating cell
site facility versus talking on a cell phone. The exposure your head would get from talking on a
cell phone is about 5,000 times greater than the maximum exposure calculated at ground level
from this site. He further discussed long term health effects referring to three studies conducted
over a 16 year period with no trends found.
CLOSED PUBLIC HEARING
Commissioner Clow felt tree design is an improvement over a bare tower. The construction of
tree poles has improved over the past 5 to 6 years although he was concerned with the choice of
color. He was convinced by the testimony given regarding health effects. He felt the location
was well studied. The Town is getting a tremendous gift by being able to cite the emergency
facilities in this tree pole. He would strongly urge that they do not reduce the Emergency
Communication position on this tree pole. He supports the recommendation to the City Council
for the use permit for Cingular with co -location with the Emergency Communication antenna
with the use of a more natural color.
Commissioner Collins supports this application. Regarding health effects, they must rely on the
current FCC regulations and the report from the wireless providers that they are meeting those
regulations. They also should support the Town's Wireless Communications Policy and not put
the project on hold fo
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Planning Commission Minutes DRAFT
January 19, 2006
Page 8
Commissioner Kerns concurred with the previous comments. Cellular coverage is an issue in
Town. There is a need for more cell towers and they want to encourage carriers to come into the
Town. He would like to see an increase in height to allow one additional carrier while keeping
the EOC antennas in place (increase 8 to 10 foot range) although this could not be approved
tonight.
Tony Kim stated they wanted to move forward with the application. He felt they could design the
tree so in the future if someone wanted to add on, it could be added onto the top of the tree.
Commissioner Carey felt the Town has a very defined wireless communication policy in place.
This project flits the policy very well. He felt Cingular has presented a reasonable master plan, the
project meets the FCC health requirements. His concern was with co -location. He suggested
requiring as a condition of approval that the antenna be designed with a potential change in the
configuration of the emergency communication antenna so a second carrier is co -locatable. He
would like this issue to be reviewed by Cingular and Council in more detail with the goal that two
cellular carriers be co -located, if at all possible.
Chairman Cottrell stated that cell phones are a utility; we all want them but not the towers. He
felt the evidence is strongly in favor of supporting this project. The data regarding the health
issues supports the project and the co -location for an additional carrier should be reviewed (not
mandatory). The findings in Attachment 2 are reasonable as well as the conditions of approval.
Brief discussion ensued regarding co -location of another carrier.
Steve Mattas discussed adopting the recommendation before them and direct the issue of
confirming the capability of a second carrier on the pole be presented to the City Council. It
would not change the environmental impact study or the entitlement. It is mom of an actual
question as to whether it is feasible. The representative from Cingular stated it is feasible and the
Commission could direct this information be presented to Council as a recommendation.
MOTION SECONDED AND PASSED: Motion by Commissioner Carey and seconded by
Commissioner Clow to forward a recommendation that the City Council adopt the attached
Initial Study and Mitigated Negative Declaration and approve the requested Site Development
and Conditional Use Permits, subject to the recommended conditions and findings in
Attachments I and 2 with further recommendation to Cingular, Emergency Communication
Committee and the City Council that a co -location space be provided for a second cellular
carrier, if possible. Cingular Wireless will work with staff to select a natural color for the tree
pole branches.
AYES: Chairman Cottrell, Commissioners Collin, Kerns, Clow & Carey
NOES: None
This item will be scheduled for a future City Council agenda
Planning Commission Minutes
January 19, 2006
Page 9
3.2 LANDS OF PURISSIMA HILLS WATER DISTRICT (CINGULAR
WIRELFSS),APN#142-16-077.(216-05-CUP-VAR); Cingular Wireless requests
a Site Development Permit, Conditional Use Permit and a Setback Variance to
allow an unmanned wireless communications facility consisting of three (3) paired
antennas mounted to an 87' tall treepole and associated ground equipment located
in the required setback. CEQA Status: Mitigated Negative Declaration (staff -Brian
Froelich).
Staff introduced this item by providing background information regarding the site which is owned
by the Purissima Hills Water District. The nearest residential building is 400 feet to the southeast,
Lands of Chu who also sent a letter of concern regarding this proposal. He provided a PowerPoint
presentation of the layout of the site (triangular in shape). Applying the standard setbacks
basically encompass the whole site. As discussed with the previous item, a radio frequency report
was prepared with the project. The applicant has also submitted a Master Plan showing their
coverage. An Initial Study was also prepared for this project with mitigation measures addressed.
The project is located on a priority public use site. The project does require a Conditional Use
Permit and a setback variance; findings attached to the staff report. The project does comply with
FCC exposure standards per report by Hammett and Edison.
OPENED PUBLIC HEARING
Tony Kin, Cingular Wireless representative, discussed the proposal for an 87 foot tree pole. Their
coverage map indicates poor to intermediate coverage in that area. Reviewing the 3 to 5 year plan
map, they plan to bridge the coverage gap in the northern section of Town. This site will enable
them to do so and provide effective coverage in the area. The mono -pine will blend in with the
existing trees and is located as close as possible to 1-280 and the Cal Trans property. The mono -
pine will be designed for co -location and the antennas will not be visible from public view. He
believed this site is a preferred location, consistent with the existing use and Cingular Wireless is
intending to provide effective coverage in the Town of Los Altos Hills. He requested approval of
this application.
Commissioner Carey asked why they need a tower where he already has four bus.
Robert Weller, Electrical Engineer with Harninett and Edison, responded by discussing the overall
coverage plan and areas of poor coverage. They like to design for intermediate to good coverage all
over. There is a potential for one or two additional carriers for co -location on this site. Due to the
topography of the site an 87 foot tower is needed.
Speaker, Purissima Road, discussed the height noting that the tower is 87 feet and the top of the tree
exceeds that so they should say it is 100 feet. The Town is very strict regarding height requirements
for all structures asking for story poles in the future to depict the height of the project. Also, the
Town should have a plan rather than using the cell company's plan. Another
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January 19, 2006
Page 10
CLOSED PUBLIC HEARING
Commissioner Carey was satisfied that this project meets the Town's Wireless Communication
Policy and satisfied the Cingular has presented a reasonable master plan and meets FCC
exposure/health requirements. He was concerned regarding the 87 foot height but he was not in
a position to challenge the engineers. He voiced support of the project.
Commissioner Kerns also voiced support of the project asking for the same condition as the
previous application regarding matching colors to blend with the trees in the area.
Commissioner Collins also voiced support of the project noting the proposed 87 foot height was
because it was in a hole. She asked Mr. Weller to respond to the radiation concerns with
multiple carriers.
Bob Weller responded that his firm was retained by Cingular Wireless to study the site. Even if
there were four carriers co -located on this pole, each of them adding a similar mount would not
cause my out of compliance situation.
Chairman Cottrell also voiced support of the project
MOTION SECONDED AND PASSED: Motion by Commissioner Clow and seconded by
Commissioner Kerns to forward a recommendation that the City Council adopt the attached
Initial Study and Mitigated Negative Declaration and approve the requested Site Development,
Conditional Use Permit and setback variance, subject to the recommended conditions and
findings of approval in Attachments 1, 2, and 3. Chigular Wireless will work with staff to
achieve a natural color for the tree, pole.
AYES: Chairman Cottrell, Commissioners Collin, Clow, Carey & Kerns
NOES: None
This item will be scheduled for a future City Council agenda.
4. OLD BUSINESS -none
5. NEW BUSINESS
51 City Council Meeting Attendance update
5.2 Highly Visible Lots (continued from December 8, 2005) (staff -Leslie Hopper)
(continued to the next scheduled Planning Commission meeting)
5.3 Discussion -scheduling two meetings in February (2/02 and 2/16)
PASSED BY CONSENSUS: To schedule a second meeting in February.
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January 19, 2006
Page 11
6. REPORT FROM THE CITY COUNCIL MEETING
6.1 Planning Commission Representative for January 12", Commissioner Collins
reported on the following: consideration of fee exemption for building permits issued by the
Town for solar energy generation equipment; discussion of controlling potential issues with
Eucalyptus trees in Los Altos 1111s; and introduction of proposed ordinance amendments to the
Town's Zoning Code with regard to fences, walls, gates and columns (Section 10-1.5.507).
6.2 Planning Commission Representative for January 26" -Commissioner Kerns
6.3 Planning Commission Representative for February 9ffi -Commissioner Collins
6.4 Planning Cominission Representative for February 23" -Commissioner Clowl
APPROVAL OF MINUTES
7.1 Approval of December 8, 2005 minutes
APPROVED BY CONSENSUS: To approve the December 8, 2005 minutes with a
minor correction to page 7.
REPORT FROM FAST TRACK MEETING -DECEMBER 20,2005
8.1 LANDS OF JONES, 26347 Esperanza Drive (78-05-ZP-SD); A request for a Site
Development Permit for a new 5,248 square foot single -story residence
(maximum height 18 feet) (existing house to be demolished) with a 3,065 square
foot basement. The proposal includes modification of the existing driveway
(staff -Brian Froelich). Approved with conditions.
9. REPORT FROM SITE DEVELOPMENT MEETING- DECEMBER 13,2005 AND
JANUARY 3 & 10, 2006
9.1 LANDS OF ASKARL 27820 Elena Road (190-05-ZP-SD); A request for a Site
Development Permit for a landscape screening and erosion control plan for the
new 7,072 square foot residence (height -27 feet). The new residence was
approved December 31, 2002 (staff -Brian Froelich). Approved with conditions.
9.2 LANDS OF DIETRICH & MOLNAR, 12541 Zappettim Court (171-05-ZP-SD);
A request for a Site Development Permit for a 400 square foot garage (height -12
feet) and a new driveway access from Zappettim Court (staff -Debbie Pedro).
Approved with conditions.
9.3 LANDS OF SCARAI"I, 25550 Moody Road (235-05-ZP-SD); A request for a
Site Development Permit for landscape screening, erosion control plan and a new
fence & gate for a new residence (staff -Debbie Pedro). Approved with
conditions.
Planning Commission Minutes
January 19, 2006
Page 12
9.4 LANDS OF KIM, 14300 Saddle Mountain Drive (176-05-ZP-SD); A request for
a Site Development Permit to remove an exisfing deck and patio and add a new
pool, patio, arbor structure, and walkways. The proposal includes new
development area totaling 4,751 square feet. (staff -Brian Froelich). Approved
with conditions.
9.5 LANDS OF SLOSS, 12787 Normandy Lane (227-05-ZP-SD); A request for a
Site Development Permit for exterior and interior remodel and hardscape
improvements (staff -Debbie Pedro). Approved with conditions.
10. ADJOURNMENT
The meeting was adjourned by consensus at 9:15 p.m.
Respectfully submitted,
Lam Smith
Planning Secretary