HomeMy WebLinkAbout63-22RESOLUTION 63-22
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS ADOPTING SUPPLEMENTAL FINDINGS FOR
RESOLUTION NO. 48-22 DENYING AN APPEAL OF THE PLANNING
COMMISSION IMPOSED CONDITIONS OF APPROVAL FOR A
ZONING PERMIT FOR NEW FENCING AT 28001 ELENA ROAD
WHEREAS, on May 27, 2021, the Town of Los Altos Hills ("Town") received a Zoning Permit
Application (#ZP21-0047) submitted by Sea Landing LP ("Applicant") for installing perimeter
fencing at 28001 Elena Road (APN 182-02-016) to engage in agricultural activities at the subject
property ("Project"); and
WHEREAS, based on the record presented before it, the Project is exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) since the project
involves new fencing; and
WHEREAS, the Project application was processed in accordance with the applicable provisions
of the California Government Code and the Los Altos Hills Municipal Code; and
WHEREAS, the permit application was reviewed at a Site Development public hearing and
subsequently referred to the Planning Commission for review pursuant to Sections 10-1.507(e)(3)
and 10-2.1305(b) of the Municipal Code; and
WHEREAS, the Site Development Authority held a duly noticed public hearing on the Project on
July 6, 2021 and considered all written documentation and public comments and remanded the
project to the Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on
August 5, 2021 and considered all written documentation and public comments and continued the
Project to a date uncertain, and requested additional information and revised plans from the
applicant to clarify its fencing proposal; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on
October 7, 2021 and considered all written documentation and public comments and continued the
Project to a date uncertain; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the Project on
January 13, 2022 and considered all written documentation and public comments and continued
the Project to a date uncertain; and
WHEREAS, on March 3, 2022, the fourth public hearing held for the Zoning Permit application,
in the absence of the requested additional information, the Planning Commission rendered its
decision to approve the Zoning Permit for proposed fencing at 28001 Elena Road with certain
conditions of approval including revised fence design; and
WHEREAS, on March 14, 2022, the Applicant submitted a Notice of Appeal to the City Clerk to
appeal the Planning Commission's conditions of approval to the City Council; and
Resolution 63-22 Page 1
WHEREAS, the City Council held a duly noticed public hearing to consider the appeal on April
21, 2022, and considered all evidence, testimony, written documentation and public comments, in
accordance with Section 10-1.1009 of the Los Altos Hills Municipal Code, and adopted Resolution
No. 48-22 to deny the appeal and uphold the Planning Commission imposed conditions of approval
for a zoning permit for new fencing at 28001 Elena Road (APN 182-02-016); and
WHEREAS, on May 25, 2022, during its duly noticed public meeting, the City Council
considered supplemental findings regarding Resolution No. 48-22 and adopted such findings via
Resolution No. 57-22; and
WHEREAS, on June 16, 2022, during its duly noticed public meeting, the City Council
reconsidered supplemental findings adopted pursuant to Resolution No. 57-22 regarding
Resolution No. 48-22, and received all additional public comments submitted relating to the
matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills
hereby adopts the supplemental findings attached hereto and incorporated herein as Exhibit A
regarding Resolution No. 48-22 denying the appeal of the Planning Commission imposed
Conditions of Approval for a Zoning Permit for new fencing at 28001 Elena Road.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 16th day of June, 2022, by the following vote:
AYES: Tyson, Swan, Molc, Schmidt, Swan
NOES: None
ABSENT: None
ABSTAIN: None
BY:
eorge Tyso ayo
ATTEST:
Deborah Padovan, City Cleric
Resolution 63-22 Page 2
EXHIBIT A
SUPPLEMENTAL FINDINGS
1. Based on the entirety of the record before it, which includes without limitation: the Los Altos
Hills General Plan; the Los Altos Hills Municipal Code, including but not limited to the Los
Altos Hills Fence Ordinance and zoning and site development codes; the Los Altos Hills Land
Use Diagram; all applications, correspondences, all oral and written comments, site plans, and
all reports, submittals, presentations, recordings, minutes, written correspondence, and public
testimony submitted as part of the duly noticed July 6, 2021 Site Development public hearing,
the Los Altos Hills Planning Commission's duly noticed August 5, 2021, October 7, 2021,
January 13, 2022 and March 3, 2022 public hearings, and the City Council's duly noticed April
21, 2022 public hearing; and any other evidence and testimony presented in the record below,
the City Council of the Town of Los Altos Hills makes the following supplemental findings
with regard to the adoption of Resolution No. 48-22 on April 21, 2022 denying an appeal of
the Planning Commission Imposed Conditions of Approval for a Zoning Permit for new
fencing at 28001 Elena Road (APN 182-02-016)(ZP21-0047) ("Zoning Permit"):
a. The May 27, 2021 Zoning Permit application for new fencing at 28001 Elena Road was
considered and acted upon by the Planning Commission in accordance with the procedures
set forth under the Los Altos Hills Municipal Code.
Under Los Altos Hills Municipal Code Section 10-1.507, otherwise known as the Town's
Fence Ordinance, either a Zoning Permit or a Site Development Permit would be required
in order to construct new fences. Section 10-1.507(e)(3) of the Municipal Code states that
Zoning Permit requests for certain types of fences are to be reviewed by the Planning
Director with notice to adjacent neighbors and pursuant to a public hearing with such
notice. This includes, among other things, vinyl coated chain-link fences along any road
right-of-way, fences or walls longer than one thousand (1,000) linear feet, and any fence
proposal "deemed appropriate by the Planning Director for a noticed hearing." The
Planning Director is to provide public notice and conduct the permit review hearing
pursuant to Section 10-2.1305(b), except that public notice is only required to be
provided to adjacent neighbors. Section 10-2.1305(b) then provides the Planning Director
the authority to either deny the permit; to review and issue the permit with reasonable
conditions of approval; or to refer such fence Zoning Permit applications to the Planning
Commission. The Planning Commission is tasked with reviewing and either approve or
deny the application under Section 10-2.1305(c).
The Zoning Permit application was filed on May 27, 2021. It was first considered at a
duly noticed Site Development public hearing on July 6, 2021. A number of public
comments raised concerns about property boundaries, wildlife movements throughout the
property, the sloped features of the property and the proposed chain-link fence designs.
Based on these concerns, the application was referred to the Planning Commission by the
Planning Director pursuant to the authority under Sections 10-1.507(e) (including
subsection (e)(3)) and 10-2.1305(b). The Planning Commission reviewed the application
at four (4) duly noticed public hearings: August 5, 2021, October 7, 2021, January 13,
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2022, and March 3, 2022. Notice was provided for each public hearing consistent with
Section 10-1.1005 of the Municipal Code including mailing to property owners within a
500 -foot radius of the project, publication on the Town's website, and posting at public
locations and at the proposed project site. As such, the Planning Commission heard the
matter pursuant to public hearings in compliance with the procedural requirements set
forth under the Municipal Code, including providing multiple opportunities for the
applicant to be heard and address inquiries from the Commission. Therefore, the City
Council finds that the Zoning Permit application was properly considered by the
Commission in accordance with the procedures set forth under the Municipal Code.
b. The March 14, 2022 appeal of the Conditions of Approval Imposed by the Planning
Commission were considered and acted upon by the City Council in accordance with the
procedures set forth under the Los Altos Hills Municipal Code.
Decisions of the Planning Commission are appealable to the City Council pursuant to
Section 10-1.1009 of the Municipal Code within twenty-one (21) days following the
decision prior to it becoming final. The Planning Commission approved the Zoning Permit
with conditions of approval on March 3, 2022. The appeal from that decision regarding the
Conditions of Approval imposed by the Planning Commission was timely filed with the
City Council on March 14, 2022. Consistent with the requirement under Section 10-1.1010
of the Municipal Code, the City Council set a public hearing within forty-five (45) days
from receipt of the appeal on April 21, 2022 and conducted the public hearing on such date
to consider the matter. The City Council received public testimony and provided the
applicant. an opportunity to be heard and respond to questions from the City Council.
Therefore, the City Council finds that the March 14 appeal was properly considered in
accordance with the procedures set forth under the Municipal Code.
c. There was substantial evidence in the record below to support the Planning Commission's
approval of the Zoning Permit application with the Conditions of Approval imposed on
March 3, 2022.
i. The Planning Commission was authorized to review and issue the requested
Zoning Permit with such reasonable conditions as it deems necessary.
The Zoning Permit application was referred to the Planning Commission by the Town's
Planning Director as authorized under Sections 10-1.507(e) and 10-2.1305(b) of the
Municipal Code. The Planning Commission is directed to consider and act on the
application under Section 10-2.1305(c). That section authorizes the Planning Commission
to issue the requested permit "with such reasonable conditions as it deems necessary" to
achieve the purposes of, in the context of this application, the Fence Ordinance provisions
under the Zoning Code. This authority provides the Planning Commission the ability to
impose conditions that are reasonably related to the proposed new fencing under the Zoning
Permit. The City Council notes in particular that although Section 10-2.1305 is normally
utilized by the Town's Planning Director and Planning Commission to review site
development applications, the provisions of that section apply in this case because of the
specific directives of Section 10-1.507(e). Therefore, the City Council finds that the
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Planning Commission has the authority to approve the Zoning Permit with conditions
deemed necessary and reasonable at its discretion.
ii. The Conditions of Approval imposed for the Zoning Permit on March 3, 2022
were reasonable and necessary for the proposed project and to achieve the purposes of the
Fence Ordinance and the Municipal Code, and thus were within the Planning
Commission's discretion to impose.
The subject property is an approximately 41 -acre remainder parcel created in 1985. Access
to the site is provided by a driveway off Elena Road and the driveway provides access to
an existing residence at 28001 Elena Road. Portions of the northwesterly part of the
property features slopes in excess of 30% and consists of steep topography. The
northwesterly corner of the subject property is also within an Open Space Conservation
Area as shown on the Town's Land Use Diagram. The entire property is encompassed
within a Williamson Act contract, which restricts the property to certain agricultural and
related compatible uses as specified in the contract document. Based on the application
submittals, the applicant has stated that it intends to utilize the property for agricultural
purposes and the planting of crops. The applicant has stated that the proposed new fences
are to protect the plantings but they do not seek to construct any additional structures on
the parcel. An application for a Zoning Permit was filed pursuant to Section 10-1.507 as
such a permit is required in order to construct new fences.
When the Zoning Permit application was considered by the Town during a Site
Development Public Hearing on July 6, 2021, there were several public comments raising
issues relating to respecting property boundaries, permitting wildlife movements through
the property, preserving the Open Space Conservation Area portion that is located on the
project site, and reviewing the proposed chain-link fence design. Upon the Zoning Permit
application being referred to the Planning Commission on August 5, 2021, the Commission
requested clarification on a number of items including: proposed agricultural uses, type of
fencing, presence of wildlife activities, and other issues raised by public comments at the
prior public hearing. As documented in the staff report to the Planning Commission, the
Commission directed the applicant to consider certain modifications to the fence design
and provide additional clarification on these items.
Subsequently, the Planning Commission made specific requests at the October 2021 and
January 2022 hearings for the applicant to: (1) submit a revised site plan that accurately
depicts the proposed fencing and gates, existing fencing, easements encumbering the
subject property, contour lines/topography, and neighboring property lines; (2) to provide
further details on the proposed fencing plan including clarification on fencing proposed for
the northern boundaries of the project site, as well as the agricultural use(s) and area(s)
necessitating the proposed fencing; (3) utilize wildlife friendly and wooden fences and use
fencing configurations consistent with other similarly large properties with open space or
agricultural uses; (4) confirm the proposed fences would not bisect pathway easements,
waterways, or across any swales, and that new fencing would not preclude the dedication
of future open space easements or pathway easements; (5) remove prior fencing that were
installed without permits or appropriate authorization from the Town; and (6) allow
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members of the Open Space Committee to visit the project site to determine wildlife
presence.
Based on the reports and record of subsequent Planning Commission public hearings, the
applicant did not comply with the Commission's directives or supply information for most
of these requests to answer the Commission's questions. Instead, the applicant has
maintained a position throughout the public hearings that the Commission's requests were
excessive for a zoning permit application and would be more appropriate for a site
development permit review. For instance, in reviewing records for the October 7, 2021,
January 13, 2022, and March 3, 2022 public hearings and correspondences from the
applicant to the Town, the only additional submissions from the applicant to address the
Planning Commission's inquiries were a revised site plan and a topographical map on
February 14, 2022. These submittals, however, remained inaccurate in that they showed
the existing fence in wrong locations and the topographical map was from a previous
subdivision dated 10-17-14. Likewise, the applicant has also refused to revise. fencing
designs to utilize wooden posts or wildlife friendly designs on the grounds that the request
to revise design is excessive for a zoning permit application review. The applicant has also
not confirmed the location of existing easements, waterways or swales on the site, and has
not clarified where the proposed planting areas and crops would be located on the subject
property. As shown in the public hearing records and correspondences to the Town, the
applicant has similarly maintained that providing such information would be excessive for
a zoning permit application, and is more appropriate for a site development permit review.
At the same time, the public hearing records and related submittals demonstrate that the
conditions of approval imposed by the Planning Commission were warranted. Of the ten
(10) conditions of approval issued on March 3, 2022, Condition Nos. 1, 3, 4, 5, 9 would
require the proposed fencing be set back a certain distance, be constructed in accordance
with approved plans, and not be located or interfere with any property lines, swales and
various types of easements. Condition Nos. 2, 6, 7 and 8 would limit the design of the new
fencing to be without spikes, sharpened edges, new lighting, barbed wire and electrified
fences. Condition No. 2 would also require wooden posts to match the rural/agricultural
character of the property. Condition No. 10 would require certain sections of the proposed
fencing design to be constructed with wildlife friendly fence or chain link fence.
Based on a review of the record below, these conditions of approval were reasonably
related to the project and necessary to achieve the goals contemplated by the Town's Fence
Ordinance and zoning/development standards. A stated goal under Section 10-1.507 for
fence regulations is to "preserve the beauty and open rural quality of the Town while
acknowledging that residents have the right to fence their properties in order to protect their
children, contain their animals, and maintain privacy." The design and location of new
fencing is well within the Planning Commission's authority to impose and is reasonably
related to preserving property interests and maintain the Town's rural/open space
characteristics. Prohibiting proposed new fencing from locating within easement areas,
swales and other private property interest areas are also reasonably related and necessary
to allow the construction of fencing while preserving the use of private property and avoid
intervention with natural site features.
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In reviewing the public hearing records and other evidence presented before the
Commission and City Council, there are also ample evidence showing that conditions
relating to wildlife -friendly fencing and preservation of natural appearances at the subject
property were reasonable to address specific concerns raised to the Planning Commission
during the public hearings. At the outset, a portion of the subject property is located within
an Open Space Conservation Area as shown on the Town's Land Use Diagram, and also
contains steep sloped topography adjoining neighboring sites. There was testimony
presented with respect to a 2006 potential wildlife movement corridor study conducted by
Live Oak Associates showing the presence of wildlife movement at the subject property.
Additionally, multiple neighbors, Town committee members, and the commissioners have
provided testimony or voiced concerns about the proposed fencing restricting or preventing
wildlife movement on the property due to sighting of deer. Although the applicant never
specified the location of proposed plantings or crops, the Commission discussed during the
public hearing configurations of fencing that could both protect potential crops to be
planted and allow wildlife to move through the perimeters of the subject parcel. This
included examples of alternative configurations from properties located at Natoma Road
and Robleda Road. Ultimately, the Commission made modifications to the fencing design
to incorporate wildlife -friendly fences at various points of the subject property to allow
wildlife to pass through the site. There is no additional evidence suggesting that such
configuration would prevent the applicant from using the property for agricultural
purposes. The applicant has not made additional showings despite being given multiple
opportunities to do so.
The City Council notes that the height and setbacks of the proposed new fencing are
compliant with standards set forth under the Fence Ordinance. However, such technical
requirements are not the only considerations under the Municipal Code and zoning permits
for fences are not issued in a ministerial manner. The Fence Ordinance was enacted to
preserve the Town's natural characteristics and rural features while recognizing private
property owners' ability to fence their properties. The Fence Ordinance and permit review
ordinances specifically authorize the Planning Commission to approve zoning permits with
reasonable conditions it deems necessary. Based on a review of the record below, the
evidence and testimony received by the Commission and Council provide ample basis to
determine that the March 3, 2022 Conditions of Approval were reasonable and necessary.
Thus, the City Council finds that the Conditions of Approval imposed for the Zoning
Permit on March 3, 2022 were reasonable and necessary for the proposed project and to
achieve the purposes of the Fence Ordinance and the Municipal Code, and thus were within
the Planning Commission's discretion to impose. The City Council further finds that there
was substantial evidence in the record below to support the Planning Commission's
approval of the Zoning Permit application with the Conditions of Approval imposed on
March 3, 2022.
5120482.1
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