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HomeMy WebLinkAbout11/07/2019Approved December 12, 2019 1 Regular Planning Commission Meeting November 7, 2019 Minutes of a Regular Meeting Town of Los Altos Hills PLANNING COMMISSION Thursday, November 07, 2019, 7:00 PM Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 _______________________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus Absent: Commissioner Abraham Staff: City Attorney Mattas, Planning Director Dahl, Principal Planner Padovan, Assistant Planner Loh, Planning Technician Brunner 2. PRESENTATIONS FROM THE FLOOR No public presentations. 3. APPROVAL OF MINUTES 3.1 Approval of September 26, 2019 - Special Meeting Minutes Chair Couperus noted a correction to the start time. MOTION MADE AND SECONDED: Commissioner Patel moved the 26 September 2019 Planning Commission Special Meeting once the time stamp has been corrected. The motion was seconded by Commissioner Mandle. AYES: Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: Commissioner Smith MOTION CARRIED: 3-0-1-1 Commissioner Smith abstained from voting as he did not attend the meeting. 4. PUBLIC HEARINGS Ex Parte: Commissioners Smith and Patel had none. Commissioners Mandle and Chair Couperus spoke to each other. 4.1 26811 Moody Court - File #SD19-0034 - Lands of Navarro Site Development Permit for landscape screening associated with a previously approved single-family residence. CEQA review: Categorical Exemption per Section 15304. Staff: Padovan Chair Couperus opened the PUBLIC HEARING. Principal Planner Padovan presented the staff report. Approved December 12, 2019 2 Regular Planning Commission Meeting November 7, 2019 Public Comment Chair Couperus opened the floor to the applicant. Jeff Hide, the project architect, spoke on behalf of applicant. The Planning Commissioners asked questions of the project architect. Chair Couperus opened the floor to public comment. Chair Couperus closed the PUBLIC HEARING, as there were no comments. Commission Discussion Commissioners Mandle and Patel commented on the subjects of fencing and landscape screening for this property. Commissioner Smith did not have any comments. Chair Couperus shared slides and commented on fencing designs in relation to this property. MOTION MADE AND SECONDED: Commissioner Mandle moved the requested Site Development Permit for a landscape screening plan, subject to the conditions of approval in Attachment 1, with the added conditions that condition 7c be amended to 25-feet. and the split rail fence be built to the specification as shown on the slide. Lastly, the bars of the metal fence be horizontal. The motion was seconded by Commissioner Patel. AYES: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 4.2 27161 Fremont Road - File #VAR19-0009 & MA19-0001 - Lands of Wu Site Development Permit and Variance to allow construction of a new tennis court with a 20 foot front setback where the required setback is 40 feet and a 10 foot side setback where the required setback is 30 feet; a new 10 foot tall chain link fence within the setbacks where six feet is the maximum height; and a request for a Map Adjustment to vacate a building setback line along Fremont Road. CEQA review: Categorical Exemption per Section 15303. Staff: Loh Chair Couperus opened the PUBLIC HEARING. Assistant Planner Loh presented the staff report. Commissioner Patel requested clarification of the MDA calculations and noted the presence of a chicken coop on the property that is not shown on the applicant drawings. Public Comment Chair Couperus opened the floor to the applicant. Approved December 12, 2019 3 Regular Planning Commission Meeting November 7, 2019 Stan Gamble, architect and contractor, spoke on behalf of the applicant regarding the variance request for the proposed tennis court. Chair Couperus opened the floor to public comment. Kim Cranston, a Los Altos Hills resident, spoke in opposition to the proposed tennis court and variance request because it does not support the Town's rural environment. Colette Cranston, a Los Altos Hills resident, spoke in opposition of the proposed fence and tennis court, noting that it would negatively impact the rural look and feel of the Town. Evan Cranston, a Los Altos Hills resident, read a prepared statement in opposition to the proposed tennis court and variance request. Randee Seiger, a Los Altos Hills resident, spoke in opposition to the proposed tennis court and variance request, noting that it would set a precedence for future development. Francis Liu, a Los Altos Hills resident, agreed with the earlier comments, noting that the proposed tennis court and fence height were too extreme. Stan Gamble, architect and contractor, speaking on behalf of the applicant, offered a rebuttal to the public comments. Chair Couperus closed the PUBLIC HEARING. Commission Discussion Chair Couperus presented slides and noted that the building setback line was established by the Town and that there did not appear to be a basis to support the variance Commissioners Smith, Patel, and Mandle noted the potentially negative impacts that the proposed tennis court and fence would have upon the community. MOTION MADE AND SECONDED: Commissioner Patel moved to deny the Site Development Permit and Variances subject to the findings in Attachment 1, and to recommend denial of the Map Adjustment to the City Council. The motion was seconded by Commissioner Smith. AYES: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 4.3 12345 El Monte Road - File #CUP19-0002 - Lands of Foothill-DeAnza Community College District (Applicant: T-Mobile/Crown Castle) Conditional Use Permit Renewal and Modification to allow three new antennas to be added to three existing flush-mounted antennas on an existing monopole, and minor equipment changes and upgrades within the existing equipment shelter at the base of the monopole. The monopole is located directly behind the planetarium on the college campus. CEQA review: Categorically Exempt per Section 15301. Staff: Padovan Approved December 12, 2019 4 Regular Planning Commission Meeting November 7, 2019 Chair Couperus opened the PUBLIC HEARING. Principal Planner Padovan presented the staff report. The Planning Commissioners asked questions regarding the appearance of the cell tower and the addition of antennas. Planning Director Dahl clarified to the Planning Commission that issue before them was whether or not they would approve the renewal of the conditional use permit, not the modification to add antennas, to the existing facility. Public Comment Chair Couperus opened the floor to public comment. Pat McNeely, a Los Altos Hills resident, expressed concern about who was responsible for monitoring these antennas. Bob McNeely, a Los Altos Hills resident, expressed concern about the density of the cell towers and how many antennas could be within 500 feet of a residence. Barbara Wright, a Los Altos Hills resident, had a question regarding the conditional use permit. Cheryl Matthews, a Los Altos Hills resident, expressed support for the updated equipment on the cell tower. Peter Sullivan, a Los Altos Hills resident, expressed concern about possible pollutants from the equipment and negative environmental impacts. Chair Couperus closed the PUBLIC HEARING. Commission Discussion Discussion between the Planning Commissioners, City Attorney Mattas, and Principal Planner Padovan ensued. MOTION MADE AND SECONDED: Commissioner Mandle moved a recommendation to the City Council that the Conditional Use Permit for the T-Mobile wireless communications facility be extended for an additional ten (10) years, subject to the conditions of approval in Attachment 1. The motion was seconded by Chair Couperus. AYES: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 Chair Couperus requested that the minutes note a request from the Planning Commission to have staff apprise the City Council of the concerns about overlapping cell towers from different providers and their potential of emitting radio frequency that cumulatively exceeds FCC limits. Approved December 12, 2019 5 Regular Planning Commission Meeting November 7, 2019 4.4 Zoning Ordinance Amendment – File# MCA18-0001- Town of Los Altos Hills Introduction of an Ordinance to add Article 13 (Wireless Telecommunications Facilities) in Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to establish updated regulations for Wireless Telecommunications Facilities. CEQA review: Exempt per Section 15061(b). Staff: Padovan Chair Couperus opened the PUBLIC HEARING. Principal Planner Padovan presented the staff report. Public Comments Chair Couperus opened the floor to the public. Carol Meyer, a Los Altos Hills resident, encouraged the Planning Commission to recommend a 1,500 foot setback from schools and 200 foot for residences for wireless towers. Melissa Smith, a Los Altos Hills resident, read a prepared statement about the potential health risks cell towers pose to children. Cheryl Matthews, a Los Altos Hills resident, read a prepared statement against small cell towers and suggested they be subject to ADA compliance. Commissioner Mandle asked Cheryl Matthews how ADA compliance related to small cell towers. A Los Altos Hills resident expressed support for larger setbacks for small cell towers. Jillian Draeger, a Los Altos Hills resident, supported a 150 foot setback and proposed the Planning Commission consider passing two ordinances: a conservative one and one that would take effect if the first one is nullified. Zusin Irani, a Los Altos Hills resident, expressed support for a 150 foot setback for the cell towers, and noted that poles should be located further away from the Town pathways. Barbara Wright, a Los Altos Hills resident, proposed not allowing school properties to be considered for small cell tower locations. Liz Frazier, a Los Altos Hills resident, asked about next steps after the approval to update regulations for small cell towers has been granted. Chris Wright, a Los Altos Hills resident, asked about a paragraph change in Section 10-1-1303 on page 6 to the proposed ordinance. Chair Couperus closed the public hearing. Commissioner Discussion The Planning Commissioners deliberated the issue and asked questions of City Attorney Mattas to clarify the language of the current and proposed ordinances. Approved December 12, 2019 6 Regular Planning Commission Meeting November 7, 2019 Commissioner Patel provided comments on the technical aspects of small and large cell towers and 5G. Commissioner Mandle recommended the Town establish a maximum radio frequency for cell towers and expressed support for more restrictive setbacks. Chair Couperus expressed support for a 200-foot setback to residences and a 1,500-foot setback to schools. MOTION MADE AND SECONDED: Commissioner Mandle moved a recommendation to the City Council to adopt the ordinance in Attachment 1 with the following modifications: the setback to residences shall be 200 feet, the setback to schools shall be 1,500 feet, the term of a conditional use permit be reduced to three (3) years, and that the maximum frequency of small cell installations be limited, if possible. Additionally, the City Council should be aware of HR530 and the Western Communities Coalition’s efforts related to wireless facility regulation. The motion was seconded by Chair Couperus. AYES: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 5. REPORTS FROM THE CITY COUNCIL MEETINGS Chair Couperus reported on the October 17, 2019 City Council meeting. 6. REPORT ON PAST SITE DEVELOPMENT MEETINGS Planning Director Dahl reported on the outcome of the Site Development meetings and proposed that the Planning Commission consider moving the start of regular meetings to an earlier time and noted it would be brought back at a future meeting. 7. REPORT ON PAST FAST TRACK MEETINGS No reports. Approved December 12, 2019 7 Regular Planning Commission Meeting November 7, 2019 8. ADJOURNMENT MOTION MADE AND SECONDED: Commissioner Patel moved adjournment of the Planning Commission Public Hearing. The motion was seconded by Chair Mandle. AYES: Commissioner Smith, Commissioner Patel, Commissioner Mandle, Chair Couperus NOES: None ABSENT: Commissioner Abraham ABSTAIN: None MOTION CARRIED: 4-0-1 The Planning Commission Regular Public Hearing adjourned at 10:10PM. Respectfully Submitted, Keren Brunner Planning Technician The minutes of the November 7, 2019 Regular Planning Commission were approved as presented at the December 12, 2019 Regular Planning Commission Meeting.