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HomeMy WebLinkAbout04/07/2016Approved May 5, 2016 1 April 7, 2016 Regular Planning Commission Meeting Minutes Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, April 07, 2016, 7:00 P.M Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus Staff: Suzanne Avila, Planning Director; Jaime McAvoy, Planning Secretary; Patrick Tuck, City Attorney 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 INTRODUCTION OF AN AMENDMENT TO SECTIONS 10-1.202, 10-1-504 10-1.505 AND 10.2.301 OF THE LOS ALTOS HILLS MUNICIPAL CODE ADDING REGULATIONS FOR AMATEUR RADIO AND EMERGENCY COMMUNICATION ANTENNAS; FILE #396-14-MISC; CEQA review: Categorical Exemption per Section 15061(B)(3) (Staff-S. Avila). Ex Parte Disclosures: There were no ex parte disclosures. Chair Couperus told the audience that they would not be making a decision on this item tonight. Planning Director Suzanne Avila presented the staff report. Commissioner Tahkha was a member of the subcommittee and said that they had only received an opinion from the City Attorney's office three days ago. They heard again from the Attorney yesterday and she still did not understand whether or not the Town's current ordinance was in violation of federal law, because it if was not, then the committee would need to look at it through a different lens. Town Attorney Patrick Tuck said that in his opinion the ordinance was not in violation of federal law as the Town does not set an absolute height limit. Commissioner Tankha then asked if the Town could require antennas to be Approved May 5, 2016 2 April 7, 2016 Regular Planning Commission Meeting Minutes erected in specific areas. Mr. Tuck said the law states that the ordinance cannot preclude amateur radio use, so if requiring an antenna to be in a certain spot that precludes amateur antenna use then yes, the Town would be in violation in that instance. If the Town has a dialogue with the applicant before rejecting the application, then the Court would have to look at that on a case by case basis. Commission asked questions of staff and discussion ensued. Chair Couperus opened the PUBLIC HEARING. Dru Anderson, Los Altos Hills, spoke to the role of the Emergency Communications Committee (ECC) on this update, and how they were not the driving force behind it. Scott Overstreet, Co-chair of the ECC, supported Ms. Anderson's statement. Bill Gibbons, Los Altos Hills, also stated his objection to this item being addressed as a function of ECC, as this update was not directly related to an emergency communication function. Martha Bowden, Los Altos Hills, stated her opposition to updating the ordinance. John Eisenberg, Los Altos Hills, spoke in favor of updating the ordinance. Carl Snyder, Community Emergency Response Team (CERT), spoke in favor of the ordinance update. Duncan Macmillan, Los Altos Hills, opposed to the update as written. Jim Waschura, Los Altos Hills, stated his opposition to updating the ordinance. Steve Clark, Los Altos Hills, did not see the need for the update. Adler Yu, Los Altos Hills, stated his opposition to the update. Nick Dunckel, Los Altos Hills, stated his opposition to the update. Chair Couperus closed the PUBLIC HEARING. Commission discussion ensued. Commissioner Tankha reiterated that she wanted to go back and approach the update from a different lens as the Town was not in violation of Federal law. Chair Couperus said that a one-sized ordinance does not fit all and they should not focus entirely on the hams as the radio community is multi-faceted. If the current ordinance is in conformance with the law, he did not see a reason to change it. Approved May 5, 2016 3 April 7, 2016 Regular Planning Commission Meeting Minutes Commissioner Partridge said that he was not unhappy with the current ordinance. Commissioner Mandle said that as far as she was concerned they were not in violation of federal law so there was nothing to fix from a legal stand point, but she was in favor of improving the process for the applicants. She did not support reducing the public participation in the process, and it was important to be good neighbors and have transparency in notice. Every application should be looked at individually with the neighbors involved, keeping in mind the value of the antenna to the Town. Commissioner Abraham said that he did not accept that the Town was compliant because the process was too expensive and egregious. He also stated that he did not support applicants having to pay all the fees if they have a disagreement with the Town or if a neighbor argues with the project and gets the Town involved. The law states that amateur radio operators must be accommodated, and the Town cannot push back just because it wants to. He requested using an outside law firm rather than what the Town used, as he felt the firm had a bias against radio operators. Commissioner Tankha wants to move this to another time, taking the public opinion they have received tonight, and request more legal opinions on the matter. MOTION MADE AND SECONDED: Commissioner Tankha moved to continue this item to a date uncertain. The motion was seconded by Commissioner Abraham. AYES: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. Commissioner Abraham thanked the audience, regardless of their stance, for coming to the meeting and offering their input. 3.2 CONSIDERATION OF A PERMIT MODIFICATION AND ADDENDUM TO A MITIGATED NEGATIVE DECLARATION FOR BARRON CREEK RESTORATION PROJECT, 26170 AND 26240 Fremont Road; File #89-16-PM (Staff-S. Avila). Approved May 5, 2016 4 April 7, 2016 Regular Planning Commission Meeting Minutes Ex Parte Disclosures: Each Commissioner said they had spoken with the project’s architect, Tom Klope. Planning Director Suzanne Avila presented the staff report. Chair Couperus opened the PUBLIC HEARING. Tom Klope, landscape architect, addressed the Commission. Jonathan Buck, part of the applicant’s team, talked about the process the project had been through to obtain the required permits. Seeing no one else wishing to speak, Chair Couperus closed the PUBLIC HEARING. Commission discussion ensued. MOTION MADE AND SECONDED: Commissioner Abraham moved to forward a recommendation to the City Council to approve the modification to the site development permit and addendum to the Mitigated Negative Declaration for the restoration of a segment of Barron Creek located between 26170 AND 26240 Fremont Road. The motion was seconded by Commissioner Partridge. AYES: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. 3.3 LANDS OF DILIGENT OPERATIONS LIMITED; 12930 La Cresta Drive, File #338-15-ZP-SD-GD-CDP; A request for a Site Development Permit and Conditional Development Permit for a 3,444 square foot new residence with a 476 square foot attached garage and a 2,409 square foot basement (maximum height 25’6”). CEQA review: Categorical Exemption per Section 15303(a) (Staff-S. Avila). Ex Parte Disclosures: Chair Couperus said that he has spoken with a passerby, Elissa Hirsch. There were no other disclosures. Planning Director Suzanne Avila presented the staff report. Approved May 5, 2016 5 April 7, 2016 Regular Planning Commission Meeting Minutes Commission asked questions of staff. Architect Chris Kumerer spoke on behalf of the application. A resident on La Cresta Drive stated his support of the project and requested the trees along La Cresta be removed and disposed of properly out of a safety concern. Chair Couperus closed the PUBLIC HEARING. Commission discussion ensued. MOTION MADE AND SECONDED: Commissioner Mandle moved to approve a request for a Site Development Permit and a Conditional Development Permit subject to the findings in Attachment 1 and recommended conditions in Attachment 2, with the addition of the word "only" for item 13 so that the third sentence says "only native vegetation may be planted within the easement..." The motion was seconded by Commissioner Partridge. AYES: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. 4. OLD BUSINESS 4.1 Conditional Development Permit Regulations (Staff-S. Avila) The Commission discussed where they would like to see this ordinance go and how they would like it presented at the May 23rd Study Session. 5. NEW BUSINESS - none 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for March 17 – Chair Couperus Commissioner Couperus presented a report on this meeting. 6.2 Planning Commission Representative for April 6 – Commissioner Tankha Approved May 5, 2016 6 April 7, 2016 Regular Planning Commission Meeting Minutes The report for this meeting will be given at the next Planning Commission meeting. 6.3 Planning Commission Representative for May 19 – Commissioner Mandle 6.4 Planning Commission Representative for June 16 – Commissioner Abraham 7. APPROVAL OF MINUTES 7.1 Approval of March 10, 2016 minutes. MOTION MADE AND SECONDED: Commissioner Abraham moved to approve the March 10, 2016 minutes. The motion was seconded by Commissioner Mandle. AYES: Commissioner Abraham, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha, Chair Couperus NOES: None ABSENT: None ABSTAIN: None MOTION CARRIED 5-0. 8. REPORTS FROM FAST TRACK MEETINGS – MARCH 29, 2016 8.1 LANDS OF DUARTE; 12165 Hilltop Drive, APN 336-20-040 and 336-20-043; File #53-16-LLA; A request for a lot merger of a substandard .285 gross acre driveway access parcel with a 1.233 gross acre parcel to form a 1.727 gross acre (1.518 net acres) flag lot parcel. CEQA Review: Exempt per Section 15305 (a) (Staff-G. Fernandez). 9. REPORTS FROM SITE DEVELOPMENT MEETINGS – MARCH 15, 24, 2016 9.1 LANDS OF MUNSHI; 26450 Ascension Drive; File #421-15-ZP-SD; A request for a Site Development permit for landscape screening for a previously approved new residence. CEQA review: Categorical Exemption per Section 15304(b); new landscaping. (Staff-G. Fernandez). 9.2 LANDS OF URBAN PACIFIC HOMES LA LLC, 12179 Hilltop Drive; File #28- Approved May 5, 2016 7 April 7, 2016 Regular Planning Commission Meeting Minutes 16-ZP-SD-GD; A request for a Site Development Permit for a driveway modification with a Grading Policy exception, swimming pool, and landscape screening, lighting and fencing plans for a previously approved new residence. CEQA review: Categorical Exemption per Section 15303(e) and 15304(b) (Staff- S. Avila). 10. ADJOURNMENT The meeting adjourned at 10:07 P.M. Respectfully submitted, Jaime L. McAvoy Jaime L. McAvoy M.A. Planning Secretary The minutes for the April 7, 2016 Regular Planning Commission meeting were approved, with corrections, on May 5, 2016.