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HomeMy WebLinkAbout10/25/2001Minutes of a Regular Meeting Approved 11/8/01 Town of Los Altos Hills PLANNING COMMISSION Thursday, October 25, 2001, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (2) #16-01 ROLL CALL AND PLEDGE OF ALLEGIANCE The Planning Commission regular meeting was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Wong, Commissioners Gottlieb, Cottrell, Vita & Clow Staff: Carl Cahill, Planning Director; Drummond Buckley, Planning Consultant; Land Smith, Planning Secretary PRESENTATIONS FROM THE FLOOR -none 3. PUBLIC HEARINGS 3.1 CALIFORNIA DEPARTMENT OF TRANSPORTATION-VERIZON, 2350 Old Page Mill Road (138 -01 -CUP); Conditional Use Pemut Renewal for an existing/previously approved wireless communications facility. Drummond Buckley introduced this item by reviewing the staff report. OPENED PUBLIC HEARING Laura Spano, 4000 Executive Parkway, San Ramon, representative for Verizon Wireless, agreed with the staff report asking for a five year renewal date rather than three years. She indicated a previous wireless communication facility permit was extended to five years at the July 26, 2001 meeting as the Commission felt, for administrative reasons, it was more practical to extend it for a five year renewal. They are only asking for the same consideration. CLOSED PUBLIC HEARING The Commissioners were in agreement to a five year use permit. MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Clow to recommend to the City Council approval of a Conditional Use Permit renewal for an existing, previously approved wireless communications facility, California Department of TransportationNerizon Wireless, 2350 Old Page Mill Road, maintaining the existing conditions of approval, extending the permit to five years rather than three years. Planning Commission Minutes Approved 11/8101 October 25, 2001 Page 2 far AYES: Chairman Wong, Commissioners Gottlieb, Vitu, Clow & Cottrell NOES: None This item will be scheduled for a City Council public hearing. 3.2 FOOTHILL COLLEGE/SPRINT PCS, 12345 EI Monte Road (165 -01 -CUP); Conditional Use Permit Renewal for an existing/previously approved wireless communications facility comprised of panel antennas on the Foothill College Gym. No changes are proposed to these antennas. Drummond Buckley introduced this item by reviewing the staff report. A five year renewal period is recommended. OPENED PUBLIC HEARING Ivan Tjoe, 2420 Camino Ramon, San Ramon, Sprint representative, requested a renewal of the Use Permit for five (5) years indicating the Commission can review the permit anytime within the five years, if needed. Their antennas are on both the locker room and gymnasium roof. CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Vita to recommend approval to the City Council for a Conditional Use Permit Renewal for an existing /previously approved wireless communications facility comprised of panel antennas on the Foothill College Gym (no changes are proposed to these antennas) for five years. AYES: Chairman Wong, Commissioners Cottrell, Clow, Vita & Gottlieb NOES: None This item will be scheduled for a City Council public hearing. 3.3 LANDS OF FOOTHILL COLLEGE/CROWN CASTLE/VERIZON, 12345 El Monte Road (154 -01 -CUP). Conditional Use Permit Renewal for an existing/previously approved wireless communications facility. Drummond Buckley introduced this item by reviewing the staff report. Highlights of the report were as follows: older site; wagon wheel pattern near the top of the monopole; visible impact on Duval Way neighbors; the original non permitted construction; Town granting a Use Permit for a period of one year in 1996; after which the Planning Commission and City Council were to review the permit and consider co -location issues and compliance with other conditions; changing technology (technological advances); and the Town's Wireless Communication Facilities Policy. Issues to consider: improvements in technology since 1993; improvements to LW the design of the existing monopole; mount all antennas flush with the monopole structure; the applicants need for an increase in height by 20 feet; and no evidence to support this claim. He Planning Commission Minutes Approved 11/8/01 October 25, 2001 Page 3 further discussed a new stealth design be constructed in place of the current proposal. Crown Castle has ownership of the monopole itself. Them was also an issue regarding the advertising signage on the site which does not meet Town sign ordinance. Commissioner Vita asked if the slim line monopole design allows for co -location of other carriers, however, it was unknown. OPENED PUBLIC HEARING Robert Talley, Crown Castle representative, owner of the pole, felt this application should not have been required as they have an existing permit that was granted prior to the Wireless Communication Facilities Ordinance. They are willing to work with staff and Commission regarding the following item (3.4) with Metro PCS to accommodate the desires of the community as best they can. There are certain structural and technological issues that prevent them from doing everything staff has demanded in the staff report (not financially feasible). They are willing to work with the Metro people in terms of power extension to accommodate their needs and still make it possible to co -locate. Co -location is one of the conditions of the permit and a condition in the Wireless Communication Facilities Policy. They are in the business of co -location. Regarding the sign, it is required by the Public Utilifies Commission and the FCC for site identification with an emergency telephone number and address. It also indicates the possibility for co -location (not an advertising sign). They would prefer that this application be dropped by the Commission and that they consider all of these matters under the following item (3.4) for Metro PCS. They would like to be able to maintain their existing permit with the conditions as is as they feel they have certain vested rights. Regarding changing technology, one size does not fit all. He felt they are being asked things that other companies are not asked to do. He felt they could work better with the Commission and the City Council under the Metro PCS application. Russ Spenson, engineer for Verizon Wireless for San Mateo and Santa Clara Counties. He provided the history of the original permit in 1993 from Foothill College before the Los Altos Hills Wireless Communication Facilities Ordinance was passed. He provided an overhead presentation of the existing site which has good, solid coverage. If required to change the antenna to a smaller one their coverage would drop. He provided evidence as to why if they go to a slim line antenna they would need to extend the existing height by 20 feet. He felt the neighbors on Duval Way see the eucalyptus tree, not the pole. He felt the gym roof location would be a problem with placement of equipment. Crown Castle owns the pole. He felt they could not find another location as there are no other areas that are non residential. Albert Jackson, 26088 Duval Way, provided a letter to the Commission voicing objection to the application. At the hearing in July they questioned whether there had ever been a permit issued for the original installation of the existing pole or public hearing. This pole, even in its present configuration, is ugly, and an overbearing presence to his family and their neighbors' immediate view. It dominates the skyline to the south of the homes and is certainly a detriment to property values on Duval Way. The possibility of the pole going up another 20 feet is not acceptable. He 4W suggested the Foothill College equipment yard as a better possible site. He requested a denial of the application. Planning Commission Minutes Approved 11/8/01 October 25, 2001 Page 4 Fredrick Mueller, 26075 Duval Way, also clearly views this antenna. He felt the antenna was detrimental to property values. This antenna is not the only issue. There are other antennas on Duval Way (two at the church site, the Crown Castle site, and the proposed Metro PCS antenna), asking how many antennas are allowed in a neighborhood? Who wants to live next to a co - location facility? He does not feel this benefits the residents of Los Altos Hills. Laura Spano, representing Verizon Wireless, discussed the issue of property rights. Verizon has a lease. The antennas were permitted previously for this site. She requested that the City Attorney review this issue when/if they ask Verizon to give up their property rights on this monopole and move it as it takes away 100% of the value of that property right. She mentioned this since the issue was brought up regarding relocating which would require Verizon to end its lease with Crown Castle. That lease is a valid property interest. CLOSED PUBLIC HEARING The Planning Director clarified that the Use Permit was originally approved for one year in 1996, returning in 1997 for review. The Use Permit was applied for in July, 2001. The Town has always had jurisdiction over wireless facilities within Town boundaries. Foothill College has never had that jurisdiction; they stepped beyond their bounds in approving this non -college related facility. Commissioner Clow agreed as he had verified that the Town has jurisdiction L with the City Attorney. Commissioner Cottrell was disturbed by the applicant not applying for �I the use permit in a timely manner and he felt there has been no effort made to find an alternate site. The neighborhood objections are valid. Some effort should be made to relocate this antenna and time ought to be provided. Commissioner Clow agreed. There is a reason why they only allow a use permit for a number of years (technology changes). This antenna is an eye sore. There are less obtrusive ways to accomplish the same objective. He felt if the application was denied, Crown Castle would find a way to provide the service. He suggested denying the application, giving the applicant the time to find alternative ways to provide service. Commissioner Gottlieb agreed with most of everything said. She would rather continue the application for the City Attorney review and input to make sure the correct language is used at it relates to the Federal Communications Act The only jurisdiction the Town has is siting and mitigation. The Planning Director felt the statement was correct. Other options would be to approve this pole for six months to give the applicant time to come up with a better proposal, explore other technology, other sites. They could also separately deny any further co -locations on this particular antenna. taw Planning Commission Minutes Approved 11/8/01 October 25, 2001 t Page 5 MOTION SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Cottrell to recommend to the City Council to approve an extension of a Conditional Use Permit Renewal for an existing/previously approved wireless communications facility for six months only. The intent is to provide the carrier (Crown Castle) with time to investigate an alternate site that would be more aesthetically pleasing to the Town and the neighbors on Duval Way, and/or the use of better technology (avoid the use of a higher antenna). The intent is not to renew the Use Permit again as presented. AYES: Chairman Wong, Commissioners Vitu, Cottrell, Clow & Gottlieb NOES: None This item will be scheduled for a City Council public hearing. 3.4 LANDS OF FOOTHILL COLLEGE, METRO PCS, 12345 EI Monte Road (126- 01 -SD- CUP -ND); A request for a Site Development Permit and Conditional Use Permit for the placement of six (6) panel antennas on an existing pole, and 10 equipment cabinets within an existing telecommunication facility; and Negative Declaration (continued from July 26, 2001). Drummond Buckley introduced this item by reviewing the staff report. He noted the applicant is a new carrier requesting new panel antennas on the same facility that was just discussed (Crown (. Castle). This proposal would essentially repeat the "wagon wheel" design of the existing panel antennas at the top of the monopole. OPENED PUBLIC HEARING Tom Swamer, 1624 Telegraph Avenue, Metro PCS representative, stated they want to provide the best service they can. Metro needs to look at sites that will work the best. They support the staff's recommendation for approval and he felt the Commission could go straight ahead with the Metro PCS proposal as Metro is willing to do anything possible to work with the existing condition and how a new design would be proposed. Metro is proposing the latest technology, they are able to flush mount to the pole or whatever the form of the pole is in the future. They only want to go 50 feet on some type of facility in this location. He asked that the Commission proceed with the Metro PCS permit. He further discussed the Town's Wireless Communication Facilities policy as it relates to this application. He did not feel the swimming pool building a possibility at this time. He was asking for the land use approval at this time and obtaining the building permit when the Crown Castle design was worked out. Whatever that design is, Metro only wants to go 25 feet, flush mount. Albert Jackson, 26088 Duval Way, felt it did not make much sense to approve this application without knowing the end result from Crown Castle. He felt there were other sites available on Foothill College which may not be aesthetically pleasing for Foothill College, but still available. Fredrick Mueller, 26075 Duval Way, stated with each potential approval on this site, the result is detrimental to the neighborhood (Duval Way). Planning Commission Minutes October 25, 2001 Page 6 CLOSED PUBLIC HEARING Approved I1/8/01 Commissioner Clow felt it would be better not to approve at this time allowing Crown Castle to determine what they will be doing on the site first. It would be better to wait rather than add additional PCS panels to the pole at this time. Commissioner Cottrell agreed. No need to compound the problem. For clarification, the Planning Director noted the application could be denied without prejudice until a later time when they could return, waive the fees and streamline the process once the situation with Crown Castle has been worked out. Commissioner Gottlieb agreed with the previous statements. Commissioner Cottrell felt it would be helpful to hear from Foothill College. MOT1ON SECONDED AND PASSED: Motion by Commissioner Gottlieb and seconded by Commissioner Clow to recommend to the City Council denial without prejudice for the request for a Site Development Permit and Conditional Use Permit, Metro PCS wireless communication facility, 12345 EI Monte Road, Lands of Foothill College (denial until such time as the Crown Castle pole comes in that meets all the aesthetic criteria). Finding: the co -location of these wireless communication facilities posses an increased visual impact which is not consistent with the Town's Wireless Communications Facilities policy. AYES: Chairman Wong, Commissioners Cottrell, Vitu, Clow & Gottlieb NOES: None This item will be scheduled for a City Council public hearing. 3.5 BUILDING HEIGHT AND SETBACKS: a. Increase front and rear yard setbacks for two story homes that are larger than 6,000 square feet. b. Allow increases in building height to promote architectural diversity, provided that setbacks lengthen in proportion to building height; This item was introduced by the Planning Director. He noted that at the previous meeting the Commission directed staff to return with diagrams that would help illustrate the concepts that the architects had presented. The attached diagram in the staff report prepared by William Maston illustrates three options for controlling building height while allowing for architectural diversity and minimizing the crowded effect that results when large two story homes are constructed that just meet minimum setbacks requirements. OPENED PUBLIC HEARING Sandy Humphries, 26238 Fremont Road, discussed encroachments into side setbacks which creates a problem with privacy and planting. The side setbacks are where the encroachments are being allowed for backups and turnarounds. If you have two new homes, side by side, you may have only a separation of 20 feet which promotes fences and less green belts. As the homes get larger, the side setbacks should be increased Planning Commission Minutes Approved 11/8/01 October 25, 2001 f Page 7 ar Bill Maston, 384 Castro Street, Mountain View, and Walter Chapman, 620 S. El Monte Avenue, Los Altos, discussed the diagrams provided in the staff report and sketches provided by Mr. Chapman. Areas discussed were as follows: average roof height is also the maximum height for a flat roof; roof pitch/wall heights; average wall height based on roof slope; average wall height based on setback increase; average wall height based on multiple wall planes; lower average heights; multiple setbacks; balancing massing of homes; high ceilings causing design problems; control of average roof pitch; steeper roof pitch bringing down wall heights; balancing the massing of a home; high ceiling creating a design problem; and incentive of pulling the massing back. Commissioner Gottlieb would like to preserve views when considering increased heights. Commissioner Clow would like to avoid a "wedding cake' design. CLOSED PUBLIC HEARING PASSED BY CONSENSUS: To continue the discussion so the Planning Director can work with Mr. Maston and Mr. Chapman on formulas, diagrams, and pictures/examples (before and after) to be presented at a future meeting. 4. OLD BUSINESS 4.1 Report from subcommittees - none 5. NEW BUSINESS Commissioner Cottrell voiced concern with only having one Planning Commission meeting a month starting 2002 which was discussed at the previous meeting. He asked why they could not just cancel a meeting if there were no items to hear. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for October 18th, Commissioner Gottlieb, reviewed the meeting. 6.2 Planning Commission Representative for November 1" — Commissioner Wong 7. APPROVAL OF MINUTES 7.1 Approval of the October 11, 2001 minutes PASSED BY CONSENSUS: To approve the October 11, 2001 minutes 8. REPORT FROM SITE DEVELOPMENT MEETING—OCTOBER 16 & 23, 2001 8.1 LANDS OF DAVAR, 26541 Purissima Road (168-01-ZP-SD); A request for a Site Development Permit for landscape screening plan. Approved with conditions. Planning Commission Minutes October 25, 2001 Page 8 Approved 11/8/01 8.2 LANDS OF NEARY-VIDOVICH, 28080 Laura Court (215-01-ZP-SD); A request for a Site Development Permit for a landscape screening plan. Approved with conditions. 8.3 LANDS OF YUNG, 13880 Campo Vista Lane (167-01-ZP-SD); A request for a Site Development Permit for a pool, spa, fence, and landscape. Approved with conditions. 8.4 LANDS OF fML, 13870 La Paloma Road (6-01-ZP-SD); A request for a Site Development Permit for a pool and landscaping. Approved with conditions. 8.5 LANDS OF BOWERS, 25518 Hidden Springs Court (194-01-ZP-SD); A request for a Site Development Permit for a swimming pool and spa. Continued. 8.6 LANDS OF LIZAUR, 11571 Buena Vista Drive (191-01-ZP-SD); A request for a Site Development Permit for a minor addition, pool house, and wine cellar. Approved with conditions. 8.7 LANDS OF MACOMBER, 25980 Vinedo Lane (223-01-ZP-SD); A request for a Site Development Permit for a pool. Approved with conditions. 8.8 LANDS OF RULE, 24183 Hillview Road (216-01-ZP-SD); A request for a Site Development Permit for a conservatory. Approved with conditions. 9. ADJOURNMENT The meeting was adjourned by consensus at 9:15 p.m. 3ctfu lly submitted, th Planning Secretary kaw