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Home My WebLink About11/06/2008Minutes of a Regular Meeting Approved 12/4/2008 `r Town of Los Altos Hills PLANNING COMMISSION THURSDAY, November 6,2008,7:00 p.m. Council Chambers, 26379 Fremont Road ROLL CALL AND PLEDGE OF ALLEGIANCE The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the Council Chambers at Town Hall. Present: Chairman Harpootlian, Commissioners Cottrell, Collins and Abraham Absent: Commissioner Clow Staff: Debbie Pedro, Planning Director; Nicole Horvitz, Assistant Planner; Cynthia Richardson, Consulting Planner and Victoria Ortland, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR - none 3. PUBLIC HEARINGS Chairman Harpoothan initiated discussion on Item 3.3. 3.3 LANDS OF ASKARINAM, 27198 Elena Road, #203-08-ZP-SD; A request for a Site Development Permit for a new 6,003 square foot two- story residence (Maximum height 27') and a 756 square foot swimming pool. CEQA Review: Categorical Exemption per Section 5303 (a) and (e) (Staff -Nicole Horvitz). (CONTINUED FROM THE OCTOBER 28, 2008 FAST TRACK HEARING). Debbie Pedro, Planning Director, said that the Planning Commission could consider the continuance of the project to the next Planning Commission meeting because of inaccurate placement of the story poles. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Abraham to continue the project to the December 4, 2008 Planning Commission meeting. AYES: Commissioners Collins, Cottrell, Abraham and Chairman Harpootlian NOES: none ABSENT: Commissioner Clow Planning Commission Minutes November 6, 2008 Page 2 OPENED PUBLIC HEARING Approved 12/4/2008 Neighbors unable to attend the December 4, 2008 meeting were allowed to make public comments. Cathy Perga, Dawn Lane, spoke on behalf of the neighbors adjacent to the project, whose privacy would be impacted by the new home. She hoped the builder would consider the character and the sizes of the existing residences in the neighborhood before construction of such an imposing structure. CLOSED PUBLIC HEARING Chairman Harpootlian asked for Commission input on comment time limits. MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Abraham to allow applicants unlimited time for comment and public comment time limited to five minutes. AYES: Commissioners Collins, Cottrell, Abraham and Chairman Harpootlian NOES: none ABSENT: Commissioner Clow `. 3.1 LANDS OF EPISCOPAL LAYMAN'S GROUP OF LOS ALTOS (APPLICANT: AT&T WIRELESS), 26410 Duval Way, File #139 -08 - CUP -IS -ND; A Site Development Permit and Conditional Use Permit for a wireless communications facility consisting of six (6) panel antennas mounted to a 65' tree pole and a (14'L x 22'W x 7'H) ground equipment shelter at the church property. CEQA Status: Initial Study/Mitigated Negative Declaration (Staff -Debbie Pedro). (CONTINUED FROM THE OCTOBER 2, 2008 PLANNING COMMISSION MEETING). Debbie Pedro, Planning Director, presented the staff report stating that AT&T Wireless had requested to locate a wireless facility at 26410 Duval Way, The Episcopal Layman's Group of Los Altos owns the parcel at the comer of Robleda Road and Duval Way. The property is just over one acre in size with St. Luke's church located on the site. Currently, Sprint has a flagpole antenna at the site and T -Mobile has an antenna in the church steeple. Proposed by AT&T is a 65 -foot tree pole with six panel antennas and related ground equipment on the northern end of the property. The applicant conducted a neighborhood meeting on September 16, 2008. Neighbor issues expressed at that meeting include a decrease in property values, an increased number of cellular sites in the neighborhood, the degradation of the historical value of the site and the undesirable visual impact that will be created by the tree pole. Installation of sufficient landscape screening and maintenance of the screening is of concern to the neighbors. Chairman Harpoothan asked about the possibility of an alternative location for the new antenna and the applicant's plans for landscape screening for Duval Way. Planning Commission Minutes November 6, 2008 Page 3 Approved 12/4/2008 Phillip Thomas, representative for AT&T, stated that the proposed location for the wireless facility would provide coverage for Robleda Road. There is a lack of suitable sites north of 1-280 that meet the Town's guidelines for wireless facilities. The conditions of approval include landscaping screening requirements. Trees and shrubs will be planted to mitigate the visual impact on Duval Way. Commissioner Cottrell asked if Foothill College had been considered as a location for the antenna. Phillip Thomas replied that AT&T has an antenna at Foothill College that serves the college and portions of 1-280. The Foothill College antenna does not provide coverage over the hill to connect with the facility farther up I-280. An antenna between the two sites is needed to service the areas on I-280 and also Robleda Road. Commissioner Abraham asked if construction of the project would disrupt the existing pine trees. Phillip Thomas said that all construction work would be outside of the drip line of all the trees on the site. Chairman Harpootlian confirmed with Phillip Thomas that co -location for other carriers was possible on the new tree pole. OPENED PUBLIC HEARING Frederick Mueller, Duval Way, commented that wireless facilities adversely affect property values. He felt that Los Altos Hills' guidelines for selecting wireless locations are not mandates or laws that require antennas to be limited to certain places. The guidelines exist so that judgment can be used when extenuating circumstances are recognized to consider fairness of the situation for all residents. The new antenna would not be a good addition to the Duval Way neighborhood that already has wireless facilities. He requested denial of the permit until an attempt to explore alternative locations had been completed. Albert Jackson, Duval Way, stated that at least one third of the trees on the project site are in a state of decline. The existing Monterey pine trees are 20 to 30 feet tall and will provide only ground level screening, considering the height of the proposed tree pole. He requested that with the landscape screening plan, a maintenance program for the landscape plants be submitted by the applicant. Sandeep Pombra, Duval Way, expressed concern over the unknown effects of radiation from the antennas. He felt stressed with his family living next to the existing wireless facility. He has AT&T coverage at his house and when driving up Robleda Road. He thought it was unfair to subject the neighborhood to the installation of another antenna. `. Mary Ann Malcolm, Duval Way, said that when the steeple antenna was approved, the Planning Commission said it was to be the only one on the site. The same was said when the second antenna was constructed. The proposed tree pole will be the third antenna at the location and Planning Commission Minutes Approved 12/4/2008 November 6, 2008 Page 4 will be the highest at 65 feet tall. She thought that it was very unfair to the residents of Duval Way to have another wireless facility located in the neighborhood. As the chairperson of the Town's History Committee, she stated that the structure on the site is an original schoolhouse and one of the oldest buildings in Los Altos Hills. She would like to see the site left alone. CLOSED PUBLIC HEARING Commissioner Collins asked why the tree pole height needed to be 65 feet tall. Phillip Thomas replied that the topography of the site and the proposed location of the pole dictated the height of the tree pole. Discussion ensued regarding wireless co -location capability and the wireless service coverage in the area. Commissioner Abraham asked if the applicant would be willing to help out the Town's Volunteer Emergency Communication Committee with locating one or two VHF/UHF antennas on the new tower for the Committee's use. Phillip Thomas said that the request would need to be handled by a different department of AT&T than the department he represents. 4, Commissioners Collins and Cottrell did not think Commissioner Abraham's request could be a condition of approval for this project. Discussion ensued regarding fees, deposits and time limits for landscape screening and landscape maintenance responsibility. Commissioner Cottrell expressed empathy for the residents of Duval Way who potentially may end up with three antennas installed on the church property. He felt not enough research had been conducted to identify other potential wireless communication sites in the area. He was opposed to the application. Commissioner Abraham disagreed with Commissioner Cottrell and stated that the project site met all the Town's requirements and recommendations. He supported the project. Commissioner Collins concurred with Commissioner Cottrell that a total of three wireless facilities located on the church property would be unfair to the residents of Duval Way. She did not support the project. Chairman Harpoothan agreed with Commissioner Cottrell that AT&T had not exhausted the possibility of an alternative antenna location. MOTION SECONDED AND PASSED: Motion made by Commissioner Cottrell and seconded �ar by Commissioner Collins to forward a recommendation to the City Council to deny the Conditional Use Permit because the property is crowded with too many wireless communication facilities and for lack of research into the possibility of an alternative location. Planning Commission Minutes Approved 12/4/2008 November 6, 2008 Page 5 AYES: Commissioners Collins, Cottrell and Chairman Harpootlian NOES: Commissioner Abraham ABSENT: Commissioner Clow 3.2 LANDS OF GLASSMAN, 2000 Old Page Mill Road, File #230-08-ZP- SD; A request for a Site Development Permit for an 308 square foot addition and interior remodel to the main house (maximum height: 12'- 6'), a 494 square foot new shed (maximum height: 12'-6"), removal of a barn and addition of hardscape improvements. CEQA Review: Categorical Exemption per Section 15303 (Staff -Cynthia Richardson). Cynthia Richardson, Consulting Planner, presented the staff report for the 326 square foot addition and a 484 square foot shed. The application is before the Planning Commission because in 2006, the previous owners granted a conservation easement over the entire property. One heritage oak tree is proposed to be removed. Monty Anderson and Suit Sela of Cody Anderson Wasney Architects explained the scope of the residential addition and remodel project. The contemporary style house was built in 1940 and the exterior had been preserved in place. A fire sprinkler system will be added to the residence in addition to the fire truck tum around. The barn will be deconstructed and the wood used in the construction of the new shed. The master bedroom addition will require removal of one heritage oak tree that is growing next to the foundation. The tea house will have minor weather damage repairs. A raised planter is proposed to be removed to allow basement access to the grade level patio. The major systems of the house will be replaced to create an energy efficient building. Sustainable materials will be utilized throughout the project. Native plant material will be used in the landscape plan. Commissioner Collins asked if any grading would be required to allow access from the basement. Monty Anderson explained that no grading was required for the project. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING MOTION SECONDED AND PASSED BY CONSENSUS: Motion made by Commissioner Cottrell and seconded by Commissioner Abraham to approve the requested Site Development Permit. AYES: Commissioners Collins, Cottrell, Abraham and Chairman Harpootlian NOES: none ABSENT: Commissioner Clow 4. OLD BUSINESS — none Planning Commission Minutes Approved 12/4/2008 November 6, 2008 Page 6 \rr 5. NEW BUSINESS 5.1 Status report on Ordinance 427 -View Protection Ordinance Debbie Pedro, Planning Director, summarized the current View Protection Ordinance. She reported that recently a situation had come to staff s attention in which a view dispute has arisen between Gregg and Sandy Carse of Taaffe Road and neighbors Dan and Rosemary Kaplan. The Carses believe the View Protection Ordinance is flawed because the trees in question were part of a landscape plan approved in 1993. The Ordinance was adopted by the City Council in 2003 and contains a retroactive clause of 15 years. Sandy Carse, Taaffe Road, stated that in 1993, a landscape plan was approved by the Town and installation was executed according to the plan. She felt that an ordinance that backdates 15 years negates everything that was approved in that period. She questioned the ordinance provision that allows a once approved plan to no longer be approved. A neighbor two streets west of their residence has asked at different times to have bay laurel trees trimmed, oak trees trimmed and redwood trees topped or removed. Mediation has taken place but they feel the core problem is with the backdating of the Ordinance. They have taken the Town's recommended steps but are at a loss at why the trees should be taken down. Removal of two redwood trees and one cedar were agreed upon during mediation. She believes that the requests for additional cutting will continue. ` Rory Kaplan, Appaloosa Way, explained that negotiation had resulted in the trimming of the laurel trees at two times and the planned removal of the two redwood trees and one cedar tree. She was grateful for the 15 year retroactive clause of the View Protection Ordinance. Gregg Carse, Taaffe Road, said the redwood trees were planted as part of the public noticed landscape plan approved by the Town in 1993. Chairman Harpootlian said that the Planning Commission approves landscape plans and not necessarily the growth habit of the plants shown on the plan. The Planning Commission agreed that the View Protection Ordinance was well written, serving its purpose and needed no modification. 5.2 Consideration of Planning Commission Meeting Schedule for December 2008 and January 2009 The Planning Commission meetings were scheduled for December 4, 2008 and January 15, 2009. 6. REPORT FROM THE CITY COUNCIL MEETING 6.1 Planning Commission Representative for October 9`h — Commissioner Collins 6.2 Planning Commission Representative for October 23rd — Commissioner Clow 6.3 Planning Commission Representative for November 13"— Commissioner Cottrell 6.4 Planning Commission Representative for December I I'h— Commissioner Harpoothan Planning Commission Minutes November 6, 2008 Page 7 7. APPROVAL OF MINUTES 7.1 Approval of October 2, 2008 minutes Approved 12/4/2008 MOTION SECONDED AND PASSED BY CONSENSUS: Motion by Commissioner Cottrell and seconded by Commissioner Abraham to approve the September 4, 2008 minutes with the change to page 4 adding "Commissioner Abraham" to the list of Aye votes in the motion for Item 7.1. AYES: Commissioners Collins, Cottrell, Abraham and Chairman Harpootlian NOES: none ABSENT: Commissioner Clow 8. REPORTS FROM FAST TRACK MEETING — OCTOBER 7 OCTOBER 14, OCTOBER 28 AND NOVEMBER 4, 2008 8.1 LANDS OF SALAH, 27361 Altamont Road, #72-08-ZP-SD-GP; A request for a Site Development Permit for a new 5,507 square foot two- story residence with an 870 square foot partial basement (Maximum height 27'). CEQA Review: Categorical Exemption per Section per 15303(a) (Staff -Brian Froelich) (Approved with conditions). 8.2 LANDS OF RIZZI, 12615 Miratoma Way, #124-08-ZP-SD-GD; A request for a Site Development Permit for a 913 square foot addition (Maximum height 23') interior remodel, and 412 square foot swimming pool CEQA Review: Categorical Exemption per Section 15303 (a) and (e) (Staff -Nicole Horvitz) (Approved with conditions). 8.3 LANDS OF ASKARINAM, 27198 Elena Road, #203-08-ZP-SD; A request for a Site Development Permit for a new 6,003 square foot two story residence (Maximum height 27') and a 756 square foot swimming pool. CEQA Review: Categorical Exemption per Section 5303 (a) and (e) (Staff -Nicole Horvitz) (CONTINUED TO THE NOVEMBER 6, 2008 PLANNING COMMISSION MEETING) (Approved with conditions). 8.4 LANDS OF SOMASUNDARAM, 12244 Windsor Court, #163-08-ZP- SD; A request for a Site Development Permit for a new 5,748 square foot two story residence and detached second unit (Maximum height 28'). CEQA Review: Categorical Exemption per Section 15303(a) (Staff - Nicole Horvitz) (Approved with conditions). `i Planning Commission Minutes Approved 12/4/2008 November 6, 2008 Page 8 9. REPORT FROM SITE DEVELOPMENT MEETING — OCTOBER 7, OCTOBER 21 OCTOBER 28 AND NOVEMBER 4. 2008 9.1 LANDS OF COVELL, 26940 Orchard Hill Lane; File #194-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 5,012 square foot residence approved on June 19, 2007. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 9.2 LANDS OF MURPHY, 13870 Ciceroni Lane; File #137-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 4,997 square foot residence approved on May 29, 2007. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 9.3 LANDS OF CRAWFORD, 25630 Elena Road, File #234-08-ZP-SD; A request for a Site Development Permit for an 895 square foot single story addition and remodel. CEQA Review: Categorical Exemption per Section 15301 (e) (Staff -Brian Froelich) (Approved with conditions). 9.4 LANDS OF SURREY, 10250 Magdalena Avenue; File #239-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 4,719 square foot residence approved on July 17, 2007. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Cynthia Richardson) (Approved with conditions). 9.5 LANDS OF RYAN, 14350 Manuella Road; File #238-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 6,766 square foot residence and a 796 square foot second unit approved on October 2, 2007. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Cynthia Richardson) (Approved with conditions). 9.6 LANDS OF HALL, 25850 Westwind Way; File #261-08-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a new residence. CEQA Review: Categorical Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with conditions). 10. REPORT FROM SUBDIVISION COMMITTEE MEETING —NOVEMBER 4, 2008 10.1 LANDS OF HOMA NATOMA, LLC, 27270 Natoma Road (218 -08 -IS - ND -TM -GD). A review by the Subdivision Committee of a request for a two lot subdivision of an existing 7.997 (net) acre parcel. The property is zoned R -A (Residential -Agricultural) and is located at 27270 Natoma Road. CEQA Review: Mitigated Negative Declaration (Staff -Cynthia Richardson). Planning Commission Minutes November 6, 2008 Page 9 W 10. ADJOURNMENT The meeting was adjourned by consensus at 9:19 p.m. Respectfully submitted, Victoria Ortland Planning Secretary V Approved 12/4/2008