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HomeMy WebLinkAbout03/14/2002Minutes of a Regular Meeting Approved 4111/02 Town of Los Altos Hills PLANNING COMMISSION Thursday, March 14, 2002, 7:00 p.m. Council Chambers, 26379 Fremont Road cc: Cassettes (1) #03-02 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 Clow, Cottrell, Gottlieb & Vitu Staff: Carl Cahill, Planning Director; Jan Abraham, Town Intern; Lmi Smith, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR -none 4W 3. PUBLIC HEARINGS 3.1 NOISE ORDINANCE: Proposal to amend Section 5-2.02 of the noise standards with regard to "machines, tools or appliances" from 50 decibels day/40 decibels night to 60 decibels day/50 decibels night. The Planning Director introduced this item. Planning Intern, Jan Abraham, prepared the staff report under the supervision of the Planning Director, regarding the Noise Ordinance. Mr. Abraham noted the level of review and comparison with other towns for the purpose of this report. He clarified what prompted this review which involved a complaint regarding an air conditioning system which is located within a setback (installed in 1998). He felt it would be difficult to bring the noise into compliance even with a new conditioner and sound wall as the current ordinance decibel levels are low. It was also noted that the installation of an air conditioner does not require a public hearing or noticing to neighbors. However, it was recommended that no air conditioner should be within setback areas. The Planning Director provided, for illustration purposes, a sound meter, noting "silence" reads mid 40 decibels and the Council Chamber air conditioner/heating system reading is mid 50 decibels, when on, which, everyone agreed, was not loud. He also stated that an amendment to the ordinance would not legalize the operation of chain saws, wood chippers, or loud music in the middle of the night. The ordinance is geared to measuring low level sounds. Measuring the sound of animals, in particular, roosters, was briefly discussed. It was clarified that noise complaints have been very infrequent. OPENED PUBLIC HEARING Planning Commission Minutes Approved 4111102 Much 14,2002 Page 2 04W Mr. Nimish Mehra, 26677 Snell Lane, indicated that the air conditioner in question is his. He stated that he loves the rural atmosphere and quietness of the Town and felt the noise ordinance was important and needs to be revised from time to time, As new homes get larger, the air conditioning units also become bigger. The units produce a lot of sound. Either stop approving air conditioners or change the ordinance to be reasonable. For this reason, the surrounding towns have all revised their noise ordinance. Modem living causes more noise. Moving the air conditioner out of the setback would make no difference. He will do what he can to satisfy his neighbor but he asked that the Council consider an ordinance that is easier to obey. Shabnam Jain, 28510 Mataderc, Creek Lane, would like a common sense approach regarding this ordinance as even birds make noise. Air conditioners make noise. She would like to see the noise ordinance revised. Cheryl Breetwor, 12681 Miraloma Way, was glad the Town was addressing this issue as she went through this with her rooster. She felt the current noise ordinance was not adequate and impossible to comply with. All regular sounds am in violation of the noise ordinance. The issue should address more than just appliances. Nature sounds should also be considered. In any other town, her rooster would not have been in violation of the noise ordinance. Noise is noise. They should give the same consideration to animals as they do machines. Sandy Humphries, Environmental Design Committee, stated when the Committee went to the Snell Lane site, the air conditioner was not there nor was the pad. The air conditioner should not 4W have been placed in its current location. The Committee looks at placement, always asking for units to be placed away from the closest neighbors. She felt the air conditioner could have been moved away from the Woolsey's (closest neighbor). She further discussed noise from leaf blowers and automobiles; allowing more and mom noise. She asked if them was an Environmental Impact Report prepared on this. She also asked for the responses from the Negative Declaration. DuBose Montgomery, 27464 Altamont Road, felt the example of quietness registering 45 decibels and the ordinance indicating 40 decibels is the minimum at night time, indicates the ordinance is set very low in comparison to today's standards and measurements. It makes sense to raise it. Roy Woolsey, 26649 Snell Lane, felt what was happening here was to change the ordinance so his neighbor does not have to fix the problem under the law (noisy air conditioner). He refemed to his four page letter in the staff report which provides a good summary of the history of the situation. Although the neighbor sounds cooperative, the problem has not been fixed. He asked why propose changing the noise ordinance when it was not done with the noisy rooster complaint. He would prefer hearing natural sounds of animals than the terrible, artificial sound of an A/C. He felt the allowed noise for animals should be raised and that for machines, tools and appliances should be left alone. He further discussed specific comments on the staff report dealing with the following: BACKGROUND information misrepresenting his letter; compart . sons to other towns; the noise data; disagreeing with the statement on page three 4W regarding noise doubles in intensity every 10 dB; CONCLUSIONS incorrect as the proposal will allow more noise production in Los Altos Hills. He felt the Town should be quieter than Los Planning Commission Minutes Approwd 4/11/02 Much 14, 2002 Page 3 Altos. He does not want the levels to change. He also felt an Environmental Impact Report was needed, not a Negative Declaration, The Initial Study for environmental purposes should have the following changes: page 3, the proposed project MAY have a significant effect on the environment and an EIR is required. Page 6, the Potentially Significant Impact box should be checked under "increase in existing noise levels" He felt the proposed ordinance change has the potential to impact anybody in Town, so an EIR is required. He recommended leaving the current noise ordinance alone but if anything is done with the current noise ordinance, then he would recommend the following: (1) The allowed noise for animals should be changed, not for machinery, tools and appliances. (2) Short duration noise should be distinguished from long duration noise. A leaf blower for 10 to 20 minutes once a week is much less obnoxious than an A/C which drones on hour after hour. (3) 45 dB from sundown to 7 a.m. would be a reasonable choice as 50 dB at night is too loud; retain 50 dB during the day. (4) If an ordinance relative to ambient noise is adopted, it should be perhaps 5 dB below ambient rather than 5 dB above, as a human car is such a remarkably sensitive organ and can pick out obnoxious sounds. Patti Woolsey, 26649 Snell Lane, felt if they were going to raise the sound allowance for air conditioners, machinery, etc., they should also raise the sound allowance for farm animals. CLOSED PUBLIC HEARING Commissioner Cottrell did riot see how raising the dI3 levels would solve the problem. It is clear that no noise making equipment should be allowed within setbacks. He suggested further study on this issue. He felt the night dB level was too low suggesting raising it 5 decibels. Commissioner Clow agreed. He compared areas of sound close to 1-280 with more quiet areas. He would be interested in research on how people evaluate noises and what is an annoying noise or a noise that someone can put up with. He felt, as Commissioner Cottrell, the solution provided is too simplistic. Commissioner Vita also agreed but asked how much of a problem has this been for the Town (noise complaints). She did feel the air conditioning unit in question should not have been located within the setback. However, she did not feel they were at a point where it was significant enough to require a large study. This could be solved in the short term by increasing the night time current decibel from 40 dB to 45 dB. Commissioner Gottlieb felt a study and/or an Environmental Impact Report was needed (there is an impact). Locating any type of noise making equipment outside setbacks is very important. She also felt if the decibels for equipment is raised so should the decibels for animals. Chairman Wong felt this was an enforcement issue as this type of complaint is infrequent. The Planning Director noted the decibel levels are currently too low. Also, a request for an EIR over an air conditioner is not appropriate. Council needs to provide staff with tools to enforce ordinances and give them reasonable ordinances to enforce. Currently, they me looking at any air conditioners with the construction to avoid a similar situation. Newly developed air conditioners are quieter. Further discussion ensued regarding recommendation #1. Even raising the decibels to 50 dB, the mentioned air conditioner would still be in violation and the owner still needs to make improvements. Commissioner Gottlieb felt the duration of sound was important. Perhaps set the decibels according to the length of time. r-45 LA Planning Commission Minutes Appro�ed 4/11/02 March 14, 2002 Page 4 4W MOTION SECONDED AND PASSED: Motion by Commissioner Cottrell and seconded by Commissioner Vitu to recommend to the City Council that the night time noise standard of 40 decibels be amended to a minimum of 50 decibels for machines, tools, appliances and animals, and the day time noise standard be amended to a minimum of 55 decibels, to be applied to all categories, on an interim basis; recommend that staff conduct a further study to fine tune the ordinance in terms of duration of time etc; and recommend that machinery and equipment are kept out of setbacks. AYES: Chairman Wong, Commissioners Clow, Gottlieb, Vitu & Cottrell NOES: None This item will he forwarded to the Council with the Commission's recommendation for a future agenda. 4. OLD BUSINESS 4.1 Report from subcommittees - none 5.1 Lands of Los Altos Hills (Leased to Friends of Westwind Barn, Inc.) (24 -02 - CUP), 27210 Altamont Road; Westwind Bm annual Conditional Use Permit review. Commissioner Clow stepped down from the discussion due to the proximity of his residence to the Westwind Bant location. The Planning Director introduced this item by reviewing the staff memo relating to this use permit. He felt there were no "land uses" issues regarding operation at this time. OPENED PUBLIC HEARING DuBose Montgomery, 27464 Altamont Road, his home is adjacent to the lower riding area of Westwind b=. He provided a letter with six (6) issues, as follows: (1) The bothersome noise which include large, non-resident horse shows, the use of loud speakers and bullhorns, and the noise from their tractor. He requested horse shows on Saturday not Sunday or holidays. Also, riding instruction should be given in the upper ring, not the lower and the use of loud speaker or builboms prohibited. The tractor should not be allowed to begin running until after 9:00 a. m. (2) Improper cue of the required redwood trees planted on the Westwind side along the fence line separating the lower riding ring and his property (screening). He suggested an arborist make written recommendations regarding the health of the trees and follow the mitigation guidelines or plant new, healthier redwood trees. (3) Horses' hooves are eroding the north hillside. He requested moving the horses which are in the north hillside corral into the Byrne Preserve pasture. (4) Considerable dust blowing onto his property caused from riders in the lower riding 4W area. He requested the use of sprinklers to water the entire lower area at least twice a day, May through October. Westwind Barn should be prohibited from plowing or rototilling the lower Planning Commission Minutes Approved 4/11/02 March 14, 2002 Page 5 4W area. (erosion control). (5) The porta potty placement, which is immediately next to his back yard property line, during the week before and after horse shows. He felt people were capable of walking to the bam to use the inside restroorn facilities. (6) Better control of the horse flies breeding in the manure. He questioned a better feed additive or hauling the manure away on a regular schedule. Eric Clow, 27660 Central Drive, stated that the use of bright blue tarps was unsightly, requesting the use of a darker color to blend in. Also, Central Drive also hears the bullhom, and he felt the erosion on the hillside was an issue. Valarie Metcalfe, 12933 Tripoli Court, representing Westwind Bam, felt the relationship with the neighbors wais very important. She felt they needed time to study the complaints and then act on them quickly. Any of the neighbors are free to speak to the office manager at their own convenience and expect to receive a prompt response. She did not think the tractor was operated on Sundays. They will look at the tree maintenance and the erosion problems. She further discussed the well use and dust, the portapotty placement, hauling the manure off-site, and the color of the tarp, which will be changed. She further elaborated on the use of the loudspeaker and bullhom during yearly events. Bruce Adomato, 27460 Altamont Road, discussed the personal hone instnictions with the use of a bullhom which is very irritating. Rebecca Hickman, 26500 Purissima Road, on the Board of Directors at Westwind Barn, addressed the bullhorn issue, and erosion issues. They are listening to their neighbors and will do their best to correct all issues. Sandy Humphries, Environmental Design Committee and on the Board of Directors at Westwind Barn. They currently have a resident who is their manager who is getting things done very rapidly. They have a number of new members who are also residents of the Town and a Town youth group who are interested in riding. Regarding the erosion problem, she had asked that the Town to get involved and help with the problem, but refused. CLOSED PUBLIC HEARING Discussion ensued. Commissioner Cottrell suggested all issues except the erosion control issue be reviewed in three months. The erosion problem should be reviewed with the help of the Town as it is Town property. The City Engineer can inspect the area and make an evaluation on the erosion problem. Westwind Bm will work together with staff to produce a progress report. The Planning Director will forward the Planning Commission's commented on the annual review of Westwind Barn use permit along with any public input and response from Westwind Bam to the City Council. This item shall be reviewed again in three months by the Planning Commission. If, at that time, no progress has been made and complaints remain, a public hearing could be set to add new conditional use permit conditions. All Commissioner were in 4W agreement with the suggestions. Planning Commission Minutes Appro�ed 4111/02 March 14,2002 Page 6 4W 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for February 21" — Commissioner Clow - none 6.2 Planning Commission Representative for March 7� — Commissioner Cottrell - none 6.3 Planning Commission Representative for Much 21" - Commissioner Gottlieb 7. APPROVAL OF MINUTES 7.1 Approval of February 14, 2002 minutes PASSED BY CONSENSUS: To approved the February 14, 2002 minutes with minor changes made by Commission Vitu. 8. REPORT FOR FAST TRACK SITE DEVELOPMENT MEETING OF FEBRUARY 12, 26 &MARCH 12, 2002. 8.1 LANDS OF WILSON, 25852 Westwind Way (279-01-ZP-SD-OD); A request for a Site Development Permit for a new residence. Approved with conditions. 8.2 LANDS OF LEE, 14289 Saddle Mountain Drive (236-01-ZP-SD); A request for 4W a Site Development Permit for a major addition. Approved with conditions. 8.3 LANDS OF BALDWIN AND PETERSON, 10310 Magdalena Drive (255-01- ZP-SD-GD); A request for a Site Development Permit for a new residence with pool and cabana. Approved with conditions. 8.4 LANDS OF BENZACAR, 26279 Taaffe Road (42-01-ZP-SD-GD); A request for a Site Development Permit for a new residence. Approved with conditions. 9. REPORT FOR THE SITE DEVELOPMENT MEETING, FEBRUARY 19 & MARCH 12,2002. 9.1 LANDS OF EARNEST, 27766 Stirrup Way (293-01-ZP-SD-GD); A request for a Site Development Permit for a pool, spa and retaining wall. Approved with conditions. 9.2 LANDS OF KELLMAN, 12109 Oak Park Court (19-02-ZP-SD): A request for a Site Development Permit for a second story addition over existing garage. Approved with conditions. 4W Planning Commission Minutes Much 14,2002 Page 7 4W 10. ADJOURNMENT The meeting was adjourned by consensus at 8:40 p.m. Respectfully submitted, Planning Secretary 4W 44V Approved 4/11/02