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HomeMy WebLinkAboutItem 3.1TOWN OF LOS ALTOS HILLS September 23, 2004 Staff Report to the Planning Commission RE: SITE DEVELOPMENT PERMIT FOR AMATEUR RADIO ANTENNA AND SUPPORT STRUCTURE; LANDS OF ABRAHAM; 13193 VISCAINO ROAD; FILE #177-04-ZP- SD. FROM: Carl Cahill, Planning Director RECOMMENDATION That the Planning Commission 1. Approve the requested Site Development Permit, subject to the attached conditions of approval in Attachment 1. BACKGROUND This project was referred to the Planning Commission in accordance with Site Development Ordinance Section 10-2.301(c)(7) that requires the Planning Commission to review and act on site development permits for any antenna that exceeds sixty-three (63') feet in height. The proposed antenna support structure has a maximum height of 89 -feet with a seventeen -foot mast antenna on top for a total height of 106 -feet when fully extended. DISCUSSION The applicant is requesting an amateur radio tower and antenna for hobby purposes and also to facilitate emergency communications. The proposed antenna support structure is a relatively costly retractable or "crank -up" design. This feature allows the structure to telescope up and down with the aid of a small electric motor and can be reduced to a minimum height of 23 -feet. The proposed use of a retractable tower is intended to mitigate the visual impacts of the radio station when it is not in operation. The antenna would be visible from surrounding properties. However it does not have sufficient mass to block neighbor views of Silicon Valley to the east or access to sunlight. PRB-1 The Federal Government through the Federal Communications Commission (FCC) memorandum and order known as PRB-1 preempts State and local regulation with regard to amateur radio communications on a limited basis. PRB-1 paragraph 25 states in part that "local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. " Based on this order, the Town must reasonably accommodate the applicant's request and may not deny the application on the basis of neighbor opposition. CONCLUSION 12831 Viscaino Road September 23, 2004 Page 2 of 3 The applicant has attempted to locate the antenna and support structure out of the direct line of sight of neighboring homes and has agreed to install an antenna support structure that can be retracted with relative ease. It does not seem practical to suggest that the applicant attempt to screen the tower with landscaping given the relatively slight mass of the structure. Staff is available to answer any questions that the Commission or the public may have. ATTACHMENTS 1. Recommended conditions of approval; 2. Antenna Exhibits 3. Site Plan cc: Jim Abraham 12831 Viscaino Road Los Altos Hills, CA 94022 12831 Viscaino Road September 23, 2004 Page 3 of 3 CONDITIONS OF APPROVAL PLANNING DEPARTMENT: 1. Any proposed changes or modifications to the approved plan shall be first reviewed and approved Planning Commission. 2. The antenna support structure shall be fully retracted to its minimum 23 -feet height at all times when the amateur radio station is not in use. 3. No antennas, wires, equipment or components of any kind shall be attached to the antenna support structure that would prevent the structure from being fully retracted to its minimum height of 23 -feet. 4. The applicant shall obtain a building permit prior to installation of the antenna and support structure. NOTE: The Site Development permit is valid for one year from the approval date (until September 23, 2005). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one yea and completed within two years. d \}� . < + \ 2 : . _ . /�\ ! \ \•� \ ..� � d . < + . _ . woo'iamolsn 91809 ON Ma1A Ue�d 9EV W1SV MPS -PW S'/O 3vs T sz tl W1SV s1P8 UOPw3 9Etl W1Stl me1CldMde4S 9Etl W1Stl :PON PIPS 09V b S'jO ESV W1SV :eqnl Ie91S 5191+9 96-M IOtl :019"00 Uo6P34160Sro :P91S 00 1 = aoueyodwl S anso SZ% a415191..q.00S 111'n)a L6-060 :0^0"S ad OWN :.I PSS Pum 0!s.a 4dw O1 :PUIM aewau lse0 L 10 Z 96ad aIMS ON M21A U01 A813 i9mol to dol enoge "I Cary Pu!M euualuy X4 io) Iee4S ienv0 ea9 lseW agnl (3, 60MIN :1300W 113M01 ow -EEL (6) :MJ ® ® Bf4Z-EEL (699SS) :Ouoauo4d .6B 960196-V*ON 'BM0 16ZE6 vsn'V0'e0esA IS UIveW'N OZZI Isvw KO SVuuaiuv zv3IaAi HiIM zsvw 2III1IINiVIQ H3 II Z 2003 Li GKV H3MOI H3 II 91003 £Z QVOH OAIIVIISIA i£8ZI WVHVHUV SIIL1iVf m UV04I ONIVOSIA I£SZT KVHV2IflV S:IL1IVf �' F O� O F" F �a ��� �z ��W �� �� w.. ao� aw d N 5 � � W Page 1 of 1 Cad Cahill From: Jim Waschura Sent: Wednesday, September 15, 2004 9:05 PM To: ccahill@losaltoshills.ca.gov Subject: Location for 89 Foot tower plus 17 Foot mast Mr. Cahill, In preparation for the upcoming meeting concerning a proposed 106 Foot antenna in the hills, I am trying to discern whether the proposed site is visible from by backyard, and if so, how objectionable it is. I have looked towards the parcel mentioned on the notice, and I see a pole with what appears to be a flag at the top. Can you confirm whether this is the location for the proposed antenna, and if so, whether the height of the flag is the 89 Foot tower height or the 106 foot combined tower plus mast height. I will attend the public meeting, and I would very much appreciate if you could include addressing the following questions in the agenda: 1. What is the present intention for what will be on the top of the mast? For example, will this be a single vertical beam, or multiple horizontal beams, or a microwave dish, or a cell phone array? Will there be multiple antennas on the single tower? 2. Are there any means to enforce no future changes to the size, shape, type, or number of antennas on the tower? 3. Will the antennas be used for reception only, or will there be RF power being transmitted from the antennas? If so, is there any limitation on the power levels to be transmitted, and are their requirements that these power levels don't interfere with other consumer electronics? 4. Are there any town ordinances concerning height and visibility of such a structure, and if so, how far beyond these ordinances is the proposed antenna? Thank you very much. I've never gotten used to what I see south of my property (see attached), which I've been told is "grandfathered in" and not likely to improve, so I'm generally concerned about having new towers visible to the north, and about preventing future modifications that would further erode the view from our back yard. Regards, Jim Waschura 9/16/2004 L �dawh� 9�A SEP 13 2004 Attorney at Law .. .. -J Los Altos Hills, California 94022 September 10, 2004 Planning Commission Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Jim Abraham's Antenna Permit Dear Commissioners: I have been advised that James W. Abraham, residing at 12831 Viscaino Road, Los Altos Hills, has submitted a request, to be considered at the September 23, 2004 meeting of the Los Altos Hills Planning Commission, for a permit to install a radio tower and antennas on his premises. I have had the privilege of knowing Jim Abraham for many years, and am very impressed with the public service work that he has performed on behalf of many committees of the Town of Los Altos Hills. I have been an active member of the Emergency Communications Committee since its inception in 2001; Jim Abraham is currently serving with excellence as the chairman of this committee. My wife, Patty Radlo, is the founding co-chair of the Los Altos Hills Parks and Recreation Committee, and has also observed many of the fine public service contributions made by Jim Abraham over the years. Mr. Abraham has offered to make his equipment, antennas and skills available for the emergency communications needs of Los Altos Hills. He already has an emergency power generator up and running for such use. I know that with Mr. Abraham's demonstrated skill as a radio operator, combined with the careful plans he has made for his new radio tower and antennas, he will be an important element in the Towns overall emergency communications plan. Planning Commission Town of Los Altos Hills September 10, 2004 Page 2 Mr. Abraham has thoughtfully chosen a crankup design for his proposed installation, in order to minimize the visual impact on his neighbors. For the above reasons, I enthusiastically support Mr. Abraham's application for his radio tower and antennas. Respectfully submitted, Edward � " � EJR/mat .' P 1 r [004 9/16/2004 From: Adler Yu Los Altos Hills To: Planning Committee/ Building Department, Town of Los Altos Hills Re: Lands of Abraham, 12831 Viscaino Road (177-04-ZP); A request for a Site Development Permit for an 89 -foot retractable antenna tower with a 17 foot mast. From: Adler Yu 9/16/2004 To : Planning Committee/ Building Department, Town of Los Altos Hills Re: Lands of Abraham, 12831 Viscaino Road (177-04-ZP); A request for a Site Development Permit for an 89 -foot retractable antenna tower with a 17 fool mast. To Whom It May Concern, In response to your letter regarding the hearing of the above project, we would like to express our concerns to the Committee before the public hearing. Our property is adjacent to the Abrahams' property; we have been neighbors for fifteen years. This proposed project is incomprehensible to us. We are filing our complaints against the Abrahams' request. The following are our reasons: 1) The radio waves used for telecommunication/broadcasting are electromagnetic waves. There is indication that radio waves emissions can pose a considerable health risk to exposed human. It is very possible that the proposed antenna and related equipments will cause such a potential health hazard to all nearby neighbors. The elevation of our living area fall within the minimum and maximum height of the retractable tower, and the tower is in close proximity to our house. We have three young children in our family, and our senior parents are planning to live with as in the future. The risk of being overexposed to radio waves is not what we want to take. Besides, under possible storm, gusting wind, earthquake and mud slide situations, the tall tower may become unstable. If it falls down, considerable damage to properties can be expected and injury to people may happen. 2) The Abrahams' property is located near the ridge of the hill, the lower and antenna certainly will be an eyesore, and it is not in concord with our rural style environment. Esthetically speaking, that will be a big nuisance. In order to strengthen the structure's stability, side -bracing cables must be installed. However the cables are not indicated in the application drawing. Such cables, if presented, will make the whole thing appear even worse. We do not need this kind of obsolete gigantic structure in our town. Los Altos Hills is a prestigious and peaceful city, not a military base, not a rescue center, not an industrial park or missile launching site. Furthermore, our society has many alternative convenient ways for communications by using internet, telephone, cellular phone, FAX, satellite equipment, etc. Since our town is not located in the remote area, such World War II/Cold War era setting will not benefit our community even during major catastrophes (like earthquake or fire). Why does our neighborhood have to suffer just for one family's unusual hobby? A ban should be placed on oversize, over -height special purpose antennas. _ 3) The tower/antenna will be obviously visible through all windows and patio doors facing the east of our house (living room, formal dining room, kitchen, master bedroom and bedrooms) even at its minimum height. It will be a mental torture to see an extensive unsightly object in the Bay scenery in our daily life. Also, from the standpoint of Oriental "Feng Shui", the extruding tower will be ominous to all the neighbors. As a Chinese, we have the tradition of being peace loving and forbearance. Is that the reason which makes people totally ignore the feeling of our family? We believe that we should have the equal right to enjoy our life without being disturbed! 4) The proposed project definitely will have negative impact to the value of the nearby properties. It's obvious that our family will be the one suffer the most. We have the panoramic view of the Bay in our property, erecting such a tower just like to tear a beautiful picture into two pieces. The value of our property will be significantly affected. 5) The recent Los Altos Hills Newsletter (Volume XXVII No.3 September 2004) has an article by underground committee, which encouraged residents to support the burying of all wires and eliminating the posts to beautify our town- Our family is supporting the idea and anticipating this to happen in our area. However, if the proposed tower/antenna project is approved, what is the meaning of cutting down one short pole and erecting another taller one? As I know, Mr. James Abraham himself is an active advocator for power cable under grounding project in our area, he's reason for that — "The poles are ugly! " Now, it is ironic that he is proposing to erect a three times higher, uglier object near die power post close to his neighbor's house, without consideration of others. That in itself is a double standard. In conclusion, it will be a disaster mentally, physically and financially for many families in the neighborhood if the tower is erected. We do strongly oppose the approval of such selfish and irresponsible project (or any future similar proposal) in our town. Thank you for your attention and consideration Sincerely, Adler Yu P.S. Please see the attached photos to get ideas of what the tower/antenna will affect our life. The tower/antenna was drawn base on the information provided by Ms. Lani Smith (Planting Secretary) and the temporary identification post erected by the Abrahams. The distance between the two white flags of the post is supposed to be 17 feet (assuming that there is no misleading by the owner). The base section of the tower should be 21 feet (which can not be seen from most of the photos). Other sections and mast are 17 feet. The horizontal bars extend about 32 feet according to the drawing. The digital photos were enlarged and then the tower/antenna being added according to scale. The drawn tower/antenna should reasonably match the proposed object's image. The view from our driveway without the proposed tower/antenna Antenna in maximum high (89 feet tower -+17 feet mast) The view from our living room without the proposed tower/antenna (The temporary identification post erected with minimum height by Abraham with flags can be seen) Antenna in minimum high (21 feet tower+17 feet mast) Antenna in intermediate high (55 feet tower+17 feet mast) Antenna in maximum high (89 feet tower+l7 feet mast) The view from our master bedroom without the proposed tower/antenna (The electric power post is about 30 feet tall and situated in a higher elevation than the proposed tower) Antenna in minimum high (21 feet tower+l7 feet mast) Antenna in intermediate high (55 feet tower+17 feet mast) Antenna in maximum high (89 feet tower+l7 feet mast) The view from La Cresta Court without the proposed tower/antenna Antenna in maximum high (89 feet tower+17 feet mast) Antenna in maximum high (89 feet tower+17 feet mast) With possible side -bracing cables Antenna in maximum high (89 feet tower+17 feet mast) With possible side -bracing cables Mr. Carl Cahill, Planning Director Town of Los Altos Hill Town Hall 25890 Fremont Road Los Altos Hills, CA 94022 RE: Lands of Abraham, 12831 Viscaino Road (177-04-ZP); Request for a site development permit for a 89 -foot retractable antenna tower with a 17foot mast. Dear Mr. Cahill: Imagine looking out your living room window and seeing a 89 foot steel tower right in the middle of your view. Only in this case it is from my study window. I have a beautiful view of the whole southern Bay area and it would be a shame to spoil it with a huge tower staring me right in the face. While Mr Abraham lives on different street, he is only two houses away from me, as the crow flies, and my house over looks his. The tower would literally be right in my line of vision of the southern bay, the whole valley, and San Jose. Los Altos Hills has been very diligent in its efforts to preserve our open space and views such as this. We have passed laws just to prevent this type of thing happening. When we first built our house in 1970 we were required to put our utilities underground so that our neighbors wouldn't have to look at telephone poles. Last year the town of Los Altos Hills passed, unanimously, an ordinance (No. 427) that recognizes that "residents cherish their outward views". While this isn't a tree, or a wood telephone pole, either would be much preferable to a steel tower and its 17 foot mast. It would be a travesty to spoil our hillside with this monolith. 1, therefore, kindly request that Mr. Abraham's request for a 89 foot retractable antenna tower to be erected on his property at 12831 Visca!no Rd. be denied. Now if we can just get the ugly power lines that are lining (and practically sitting on the road) at Viscianco Road and La Cresta Dr. to be buried it would be great! Y truly, oan P. orley