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HomeMy WebLinkAbout06/24/2014 1 Special Planning Commission Meeting Minutes June 24, 2014 Minutes of a Special Meeting Town of Los Altos Hills PLANNING COMMISSION Tuesday, June 24, 2014, 7:00 P.M. Council Chambers, 26379 Fremont Road Los Altos Hills, CA 94022 ______________________________________________________________________________ 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Chair Abraham, Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Commissioner Partridge Staff: Debbie Pedro, Community Development Director; Cynthia Richardson, Consultant Planner; Melissa Andrikopoulos, Assistant City Attorney; Jaime McAvoy, Planning Secretary 2. PRESENTATIONS FROM THE FLOOR There were no presentations from the floor. 3. PUBLIC HEARINGS 3.1 LANDS OF FREMONT HILLS COUNTRY CLUB; 12889 Viscaino Place, FILE# 11-13-CUP; The proposed project includes amending Title 10 Zoning and Site Development, Chapter 2 Site Development, Article 10 Outdoor Lighting, Section 1002 Recreation courts of the Los Altos Hills Municipal Code to allow tennis court lighting on properties with the General Plan Designation of RA-PR (Private Recreation Area). The project includes modifications to the Fremont Hills Country Club Conditional Use Permit to allow construction of tennis court lighting on five existing tennis courts to extend the hours of tennis playtime. Amend the Outdoor Lighting Policy to be consistent with the Zoning Ordinance changes. CEQA Review: Mitigated Negative Declaration (Staff-Cynthia Richardson). Ex Parte Communications: Commissioner Mandle stated that she spoke with Rita Johnson; Commissioners Partridge and Couperus stated they spoke with the Manager of the Saratoga Country Club; Commissioner Tankha stated that she spoke with Erica Ameri; Chair Abraham stated he spoke with a tennis representative at Saratoga Country Club. MOTION MADE: Chair Abraham moved to allow Los Altos Hills residents to give public comment before non-residents. The motion failed for lack of a second and was lost. 2 Special Planning Commission Meeting Minutes June 24, 2014 Consultant Planner Cynthia Richardson presented the staff report. Commission asked questions of staff. Commissioners Partridge, Tankha, and Chair Abraham expressed concerns for the number of residents noticed for this project. Chair Abraham asked for clarification on different aspects of the studies and reports, as well as the new ordinance. Chair Abraham opened the PUBLIC HEARING. Applicant Scott Domnie, General Manager, Fremont Hills Country Club, introduced the project and its representatives. Bart Carey, past member of the country club and representative, spoke on behalf of the project, and presented a video to the Commission to display the impact of the proposed tennis court lighting. Commissioner Tankha inquired as to what measures they were taking to help the residents with the most impact, as well as color selection for the least reflectivity. Commissioner Partridge agreed that the club was an asset, but inquired how it differed from other public designations in Town, such as the little league fields. Commissioner Mandle inquired into the acoustics reports and how they do not include spectator areas and special events, which were brought up previously in the study session. Mei Woo and Jeff Owen, conducted the noise report on behalf of the applicant. Chair Abraham inquired if the baselines were accurate. Ms. Woo outlined how their tests were conducted and how they reached their conclusions. James Benya, lighting consultant for the applicant, responded to questions about the proposed lighting. Commissioner Partridge asked about the shut-off and start-up process for the new lighting. Mr. Benya stated there is a 15 minute cooling and restarting time required for proper function. Commissioner Partridge further inquired about the sections of the report pertaining to how the lights would be shielded from affecting adjoining properties. Commissioner Tankha shared her experience at the Saratoga Country Club, and that regardless of the screens that were in place, the Commission was able to see light reflected from the tennis courts when they stood at a distance. 3 Special Planning Commission Meeting Minutes June 24, 2014 Commissioner Mandle inquired about the types of screens proposed, and if additional screens would be required to block light from closer properties. Chair Abraham asked if the screens were permeable, as this could allow more light to pass through as well. Larry Russell, member and representative, stated the Country Club would entertain the idea of increasing the height of their fences, and could extend the increased height to the whole length of the court. Commissioner Tankha inquired whether any other schools in Town had lighting. Director Pedro responded that Foothill College did, but that it was not under the Town's jurisdiction. Jim Mclennon, Country Club Tennis Manager, attested to tennis court usage and how busy they are during the times requested for lighting. Pay Ley, Chair of the Los Altos Hills Environmental Design and Protection Committee, stated she had not looked at the lighting project since last year when it was first brought to the Town. She shared that her committee was concerned about this being a commercial development. Bob Johnson, Los Altos Hills, not a member of the country club, does not see a danger of this setting a precedent. Stated this is a different situation than what would come to the Commission in the future. Bill Balson, Los Altos Hills, not a member of the country club, felt the standards in the noise report were adequate, and that the club is an asset to the community. Jeanne Straub, Los Altos Hills, lives next door to the club, stated that she does not hear any noise from the club in her home. Lori Hogen, Los Altos Hills, member of the country club, stated her support of the lighting project. Jack Caffey, Los Altos Hills, objected to the lighting project as he can see the courts from his home, and expressed his concern over the precedent it would set for the Town. Sid Kurkurate, Los Altos Hills, member of the country club, stated his support for the lighting as it would make it easier to practice during the school year when the days are too hot, or the sun sets earlier. Neel Gupta, Los Altos Hills, member of the country club, supported the lighting to make it easier to practice after school during the winter. 4 Special Planning Commission Meeting Minutes June 24, 2014 George Waltuch, Los Altos Hills, close neighbor to the club, stated that he has never heard noise from the tennis courts. He has seen many events at the club, and feels that the disturbance from the extra lighting would be minimal. Mayur Baugh, Los Altos Hills, member of the club, stated her support of the lighting project. She then reminded the Commission that the lights could be removed per the stipulations of a use permit. Andy Drexler, Los Altos Hills, member of the country club, noted that the lights would make a difference for the tennis players, and allow for more matches and easier access during the week. Mark Mihanouic, Los Altos Hills, member of the country club, spoke in support of the lighting project. Bob Kamangar, Los Altos Hills, member of the country club, stated his support of the lighting project, and how it would support the youth in the community. John Ballard, Los Altos Hills, member of the country club, stated his support of the lighting project, and agreed it would be an asset to the youth in the community. Bob Morgan, Los Altos Hills, member of the country club, did not feel the lights would cause an impact, and did not feel it would set a precedent. Udai Kukurate, Los Altos Hills, spoke in favor of the lighting project as his son plays tennis there. Scott Akiyama, Los Altos Hills, member of the country club, stated the lights would be a positive impact that would help his children. Mike Bateman, Los Altos Hills, offered his support of the project and stated that he heard the freeway more than he heard noises from the club from his home. Erica Ameri, Palo Alto, grew up going to the club and offered her support of the lighting project. Larry Russell, Los Altos Hills, spoke as a resident, read a letter from Ginger Summit, stating her support of the project. Chair Abraham closed the PUBLIC HEARING. Commissioner Partridge thanked all the speakers who came, agreed that the club was an asset to the community, and shared that he was supportive of what was presented with some limitations. He stated his disagreement with the lighting consultant that there is no visual impact, but did not see it as large enough that they should not do it. He then suggested an earlier time for the lights to be shut off, possibly 9 p.m., and requested landscape screening to help mitigate views for 5 Special Planning Commission Meeting Minutes June 24, 2014 neighbors who might be impacted. He stated that more specificity was needed in the policy change, and the Town should not grant to a private facility what it would not for a public facility. He requested that the Commission vote on each item individually. Commissioner Tankha agreed the club was an asset, and that the Town needed to invest in its resources, but expressed concern with the visual impact of the neighbors. She also suggested screening to mitigate the affect. She further stated that this would provide an opportunity for the community if we could find a balance that met the needs of the neighbors. Commissioner Mandle also agreed that the club is a community resource that serves people both in and outside the Town. She stated that the applicant did a good job addressing her initial concerns, but that she was uncertain about the noise and traffic reports. She supported Commissioner Partridge's suggestion for an earlier cutoff, and that 9 p.m. was a good compromise. She stated that she would be open to revisiting the use permit in less than 3 years to see if 9 p.m. is reasonable or if it would need to be re-evaluated. She also stated that the Town has an obligation to offer the public the same rights, but the topic was too large to consider this evening, and should be dealt with as it arises. In that situation, the applicant would have to have put as much research in to their proposal as the club had to for this request. Commissioner Couperus agreed with the rest of the Commission, but expressed concern over technical issues. Stated the reports were acceptable, but asked if this was a benefit to the community as a whole, or only the applicant. This could provide the children a place to go, and could minimize the requests or private lighting, as they could go play at the club. He did not think that the majority of Town residents were aware of this project. He agreed to handle the four items separately, and would like the rest of the Town to be made aware of this before they make their recommendation to the City Council. He inquired if staff could send a Town wide notice, or place a notice in the Los Altos Town Crier, directing them to additional information about the project. He stated that he did not think this would set a precedent as this is a private recreation facility. He also stated he was in favor of forwarding a recommendation to the City Council, but that other facilities should be able to look into lighting should they desire. Chair Abraham agreed with the issues addressed by other Commissioners and that the 9 p.m. suggestion was a good starting point, as well as and looking into modification of that time at a later date. He stated that public facilities should have at least equal opportunities to that of private facilities. He expressed concern that traffic would have a large impact on the neighbors and that the lighting impact would be significant. He agreed that the club is an asset to the community, and that each item should be considered individually. Further Commission discussion ensued. 6 Special Planning Commission Meeting Minutes June 24, 2014 MOTION MADE AND SECONDED: Commissioner Partridge moved to forward a recommendation to the City Council to amend the Town of Los Altos Hills Municipal Code sections 10-1.703 10-2.1002 10-2.1004 and 10-2.1005 as shown in attachment 2 with the modification that the wording say that lights will be timer controlled and will not be allowed to be turned on before sunset or after 9:00 p.m. and forwarding a recommendation based on an initial study the council adopt the mitigated negative declaration in attachment 1. The motion was seconded by Commissioner Couperus. AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha NOES: Chair Abraham ABSENT: None ABSTAIN: None MOTION CARRIED 4-1. MOTION MADE AND SECONDED: Commissioner Partridge moved to continue the meeting past 10:30 to finish the public hearing. The motion was seconded by Commissioner Tankha. AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha NOES: Chair Abraham ABSENT: None ABSTAIN: None MOTION CARRIED 4-1. MOTION MADE AND SECONDED: Commissioner Partridge moved to forward a recommendation to the City Council to approve the requested amendment to the outdoor lighting policy as shown in attachment 3. The motion was seconded by Commissioner Mandle. 7 Special Planning Commission Meeting Minutes June 24, 2014 AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Partridge, Commissioner Tankha NOES: Chair Abraham ABSENT: None ABSTAIN: None MOTION CARRIED 4-1. MOTION MADE AND SECONDED: Commissioner Partridge moved to forward a recommendation to the City Council to adopt a resolution approving the proposed amendments to the conditional use permit to allow tennis court lighting on 5 of the 10 existing tennis located at the Fremont Hills Country Club based on the initial study and subject to the conditions of approval in attachment 1 in the resolution with the following modifications; the applicant work with staff to develop a landscape screening plan to mitigate any light impact to neighboring properties along Roble Ladera, Gigli Court, and Adonna Court, and a modification to condition 12 of the Conditional Use Permit to change 10 p.m. to 9 p.m., and condition 6, changing the review from 3 years to 1 year after the lights are installed, and at that time establish a period for future review. The motion was seconded by Commissioner Couperus. AYES: Commissioner Couperus, Commissioner Mandle, Commissioner Tankha, Commissioner Partridge NOES: Chair Abraham ABSENT: None ABSTAIN: None MOTION CARRIED 4-1. MOTION MADE AND SECONDED: Commissioner Couperus moved to forward a recommendation to the City Council to consider a town wide mailing or post card or advertisement that this matter will be reviewed by the Town council and that further information may be accessed on a Website, and that the Town should bear the cost for said noticing. The motion was seconded by Chair Abraham. 8 Special Planning Commission Meeting Minutes June 24, 2014 AYES: Chair Abraham, Commissioner Couperus, Commissioner Mandle, Commissioner Partridge NOES: Commissioner Tankha ABSENT: None ABSTAIN: None MOTION CARRIED 4-1. 4. OLD BUSINESS This item was not considered. 5. NEW BUSINESS This item was not considered. 6. REPORTS FROM THE CITY COUNCIL MEETINGS 6.1 Planning Commission Representative for June 19 - Commissioner Mandle 6.2 Planning Commission Representative for July 17 - Commissioner Partridge 6.3 Planning Commission Representative for August 21 - Commissioner Abraham 6.4 Planning Commission Representative for September 18 - Commissioner Couperus These items were not considered. 7. REPORTS FROM FAST TRACK MEETINGS - JUNE 10, 2014. 7.1 LANDS OF HONG; 12501 Zappettini Court: File #12-14-ZP-SD; A request for a Site Development Permit for a new 6,706 square foot, two-story single-family dwelling with a 2,563 square foot basement which includes a 1,000 square foot secondary dwelling unit (Maximum height of 27'). CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence where public services are available in a residential zone; (staff-Steve Padovan). This item was not considered. 9 Special Planning Commission Meeting Minutes June 24, 2014 8. REPORTS FROM SITE DEVELOPMENT MEETINGS - JUNE 10, 2014. 8.1 LANDS OF KIRK; 12861 Alta Tierra Road; File #66-14-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a new 4,937 square foot two story residence approved at the October 23, 2012 Fast Track hearing. CEQA review: Categorical Exemption per Section 15304 (b) (Staff-Nicole Horvitz). 8.2 LANDS OF WANG; 14130 Baleri Ranch Road; File #74-14-ZP-SD; A request for a Site Development Permit for a landscape screening plan for a 5,000 square foot new two story residence approved at the March 5, 2013 Fast Track hearing. CEQA review: Categorical Exemption per Section 15304 (b) (Staff-Nicole Horvitz). These items were not considered. 9. ADJOURNMENT The meeting adjourned at 10:33 P.M.