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HomeMy WebLinkAboutItem 3.3Item 3.3 TOWN OF LOS ALTOS HILLS May 7, 2009 Staff Report to the Planning Commission RE: A REQUEST FOR A SITE DEVELOPMENT PERMIT FOR A LANDSCAPE SCREENING PLAN FOR A WIRELESS COMMUNICATION FACILITY APPROVED ON JANUARY 8, 2009. LANDS OF EPISCOPAL LAYMAN'S GROUP OF LOS ALTOS (APPLICANT: AT&T WIRELESS), 26410 DUVAL WAY, 4 139 -08 -CUP. FROM: David Keyon, Associate Planner DK APPROVED BY: Debbie Pedro, Planning Director' RECOMMENDATION: That the Planning Commission: Approve the Site Development Permit for the proposed landscape screening, subject to the recommended conditions of approval in Attachment 1. BACKGROUND: On January 8, 2009, the City Council approved a Conditional Use Permit for AT&T to construct a 65' tall treepole and associated ground equipment on the site of St. Luke's Church at 26410 Duval Way. A condition of approval of this permit requires the review and approval of a landscape screening plan by the Planning Commission prior to acceptance of plans for the building permit application. DISCUSSION The approved permit is for a 65 foot tall tree pole and a ground equipment enclosure that is partially excavated into the ground so that no portion of the ground equipment enclosure is taller than five (5) feet above the current grade to ensure that the enclosure blends in with the surrounding natural environment. The fence surrounding the enclosure will be required to be a board on board wood fence with natural finish and the cover over the top of the equipment enclosure will be required to be vinyl coated chain link fencing of black, brown, or green color (condition 3). Landscape Screenin¢ The applicant proposes to install seven (7) 24" box Aleppo Pines (Pinus Halepensis) and fourteen (14) 15 gallon Toyon bushes (Heteromeles Arburifolia) surrounding the equipment cabinet and treepole. According to the Landscape Architect for the project, the Aleppo pines will reach a height of about 18' within 5 years of planting, obscuring the lower portion of the tree pole and equipment pad. The screening, combined with the requirements for the proposed treepole (with artificial vegetation designed to resemble a healthy, mature pine) and equipment pad should adequately mitigate the visibility of the facility from off-site. Planning Commission Lands of Episcopal Layman's Group (AT&T) May 7, 2009 Page 2 The landscaping will be irrigated until established, as the proposed screening vegetation is native and drought tolerant and will not require long term irrigation. A landscape maintenance deposit of up to $20,000 is required to be posted prior to final inspection to ensure adequate establishment and maintenance of the screening vegetation. This deposit will be released after five years if an inspection by Town staff determines the plantings remain viable at that time. Neiehborhood Meetin A meeting between the AT&T representative and the Duval Way neighbors was held on April 14o', 2009 to discuss the proposed landscape screening. Six neighbors attended the meeting and their primary concerns were the adequacy of the proposed vegetation for screening the facility, long term maintenance of the treepole, and existing maintenance issues on the church site. The submitted landscape plans incorporate one additional 24" box pine between the proposed facility and Duval Way to address visibility concerns of an adjacent neighbor. CEOA STATUS: The proposed use permit amendment is categorically exempt from the provisions of the California Environmental Quality Act by provision of Section 15304(b). ATTACHMENTS 1. Recommended Conditions of Approval 2. Staff report to the City Council, January 8, 2009 3. Minutes from the January 8, 2009 City Council meeting 4. Project plans, prepared by.Jeffrey Rome & Associates Planning Commission Lands of Episcopal Layman's Group (AT&T) May 7, 2009 Page 3 ATTACHMENT 1 RECOMMENDED CONDITIONS OF APPROVAL FOR LANDSCAPE SCREENING FOR A WIRELESS TELECOMMUNICATIONS FACILITY (AT&T) LANDS OF THE EPISCOPAL LAYMENS OF LOS ALTOS, 26410 DUVAL WAY (AT&T) FILE# 139 -08 -CUP -IS -ND PLANNING: 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). Additionally, the Planning Director may, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not being met or the facility is being used inconsistently with the approved use or in violation of Town development codes. 2. AT&T Wireless (AT&T) shall install seven (7) 24" box Aleppo Pines (Pinus Halepensis) with a minimum size of 8' tall and 4' wide at installation, and fourteen (14) 15 gallon Toyon bushes (Heteromeles Arbutifolia) with a minimum size of 40" tall and 18" wide at installation. These trees and bushes shall be planted at the locations shown on the approved planting plan (sheet L-1) of the approved landscape screening plans, prior to final inspection. 3. The wood fence surrounding the equipment pad shall use board on board construction and shall be left untreated (natural). The cover over the equipment area shall use vinyl coated chain-link colored black, brown, or green. 4. The pole shall be clad with a material resembling tree bark in texture and shall be an earth tone color with a reflectivity value not greater than 40%. The mono -pine shall contain sufficient artificial vegetation to resemble a healthy mature pine and to screen all antennas. A sample of all colors and materials must be reviewed and approved by the Planning Department prior to acceptance of plans for building plan check. 5. The ground equipment shall be housed in a solid enclosure, which shall be constructed in such a manner that (1) at least one side of the equipment enclosure is not taller than the current ground surface level, (2) that two sides are either below or partially below the current surface level and (3) no portion of the ground equipment enclosure is taller than five feet above the current ground surface level. 6. No outdoor lighting is approved Planning Commission Lands of Episcopal Layman's Group(AT&T) May 7, 2009 Page 4 7. AT&T Wireless or the operator of the site shall be responsible for repair or repainting of the proposed facilities in case of vandalism or wear and must do so within 72 hours of notice by the Town that a complaint has been received. S. The applicant is required to water sweep roads if soil material is carred onto public streets. 9. A landscape maintenance deposit of $20,000 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made five years after installation. The deposit will be released following the fifth year inspection if the plantings remain viable. ENGINEERING: 10. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 11. If any trees or large shrubs are proposed to be planted within the right of way or public utility easements, a letter shall be required to be submitted which has been stamped and signed by a registered civil engineer verifying that the proposed plantings, when mature, will not conflict with any existing public utilities that are located either underground or overhead and will not negatively impact the available sight distance for traffic on the adjacent roadways or block existing pathways or roadways. The letter shall be required by the Engineering Department prior to commencement of planting. 12. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 13. All irrigation systems must be located at least five feet from the Town's pathways and outside of the public right of way and public utility easements. The Town staff shall inspect the site and any deficiencies shall be corrected to the satisfaction of the Engineering Department prior to final inspection. CONDITION NUMBER 4 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND THE ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: The Site Development permit is valid for one year from the approval date (until January 8, 2010). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval. Attachment 2 TOWN OF LOS ALTOS HILLS January 8, 2009 Staff Report to the City Council SUBJECT: A SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT REQUEST FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY CONSISTING OF SIX (6) PANEL ANTENNAS MOUNTED TO A 65' TALL TREEPOLE AND ASSOCIATED GROUND EQUIPMENT. LANDS OF EPISCOPAL LAYMENS GROUP OF LOS ALTOS (AT&T WIRELESS); 26410 DUVAL WAY; FILE #139 -08 -CUP -IS -ND. FROM: Debbie Pedro, Planning Director-p,f APPROVED: Carl Cabill, City Manager C.C. RECOMMENDATION OF THE PLANNING COMMISSION: That the City Council: Deny the requested Site Development and Conditional Use Permit for the proposed wireless communications facility subject to the findings of denial in Attachment 1. ALTERNATIVE 1. Adopt the Initial Study and Mitigated Negative Declaration; AND 2. Approve the request for a Site Development and Conditional Use Permit for the proposed wireless communications facility subject to recommended conditions and findings of approval in Attachment 2. BACKGROUND On November 6, 2008, the Planning Commission voted 3-1-1 (Abraham -no; Clow - absent) to recommend denial of AT&T's request to construct and operate a wireless communications facility at 26410 Duval Way (St. Luke's Church) because the property is crowded with too many wireless communication facilities and for the applicant's lack of research into the possibility of an alternative location. The subject property is owned by the Episcopal Laymen Group of Los Altos. The site is 1.03 acres with an average slope of 11.7%. Surrounding uses include single-family homes on adjacent parcels to the west and south, and Interstate 280 across Duval Way to the east. The property is developed with a church building, accessory Sunday school building, parking lot and driveway. The site currently contains two other wireless providers: T -Mobile within the church steeple and Sprint within the flagpole. AT&T Wireless 26410 Duval Way January 8, 2009 Page 2 of 4 CODE REQUIREMENTS Wireless communications facilities are regulated under Section 10-1.703 (h) (2) and 10- 1.1107 of the Los Altos Hills Municipal Code. The project was also reviewed for compliance with the Town's Wireless Communications Policy including: siting, collocation, screening, and color to ensure that the facility blends with the surrounding area. Procedural code standards require that all Conditional Use Permits be reviewed by the Planning Commission and City Council. DISCUSSION AT&T is requesting to install a wireless communications facility on the subject property to improve and expand cellular telephone coverage in the area and to enhance the network capacity for increased reliability. The proposed wireless communications facility consists of six (6) panel antennas mounted on a 65' tall artificial tree pole and associated ground equipment located approximately 100 feet north of the existing church building. The artificial tree pole would be the same in appearance and approximately 5' shorter than the existing tree pole at Town Hall. Three 2.5' x 4' ground cabinets at the base of the tree pole will be enclosed by a seven (7) foot tall wood slat fence. The facility is also designed so that collocation will be structurally possible. At the November 6 Planning Commission hearing, four (4) neighbors spoke in opposition to the project. Issues expressed by the neighbors include: 1. Decrease in property values because there are too many wireless facilities in the neighborhood. 2. Concerns about the adequacy of landscape screening and maintenance of the screening because at least one third of the existing trees on the project site we in a state of decline. 3. Degradation to the historical value of the site and the undesirable visual impact that will be created by the tree pole. 4. Concerns about unknown effects of radiation from the antennas. Unfair to the neighbors on Duval Way to have another facility added when there is already adequate AT&T coverage in the neighborhood. Federal Telecommunications Act of 1996 The Telecommunications Act of 1996 preempts local governments from determining siting of wireless communication facilities based on RF (radio frequency) emissions, so long as the facilities meet FCC regulations. The applicant has submitted a radio frequency analysis report indicating that the proposed AT&T facility and the two existing carriers on site (T -Mobile in steeple and Sprint in flagpole) would cumulatively comply With the FCC's standard for limiting human exposure to RF energy. (Attachment 6) Therefore, if the City Council chooses to deny the project, the decision should not be AT&T Wireless 26410 Duval Way January 8, 2009 Page 3 of 4 based on findings related to potential health effects related to RF (radio frequency) emissions. Wireless Communications Facilities Polic The proposal is consistent with the Town's Wireless Communications Facilities Policy because the facility is located on a quasi -public, non-residential property; The facility is designed for collocation to accommodate one additional wireless service provider (subject to a separate CUP review and approval); And the antenna tower will be disguised as a tree pole with additional landscape screening to minimize the visual impacts to neighboring properties and streets. Wireless Communications Policy #1 (Priorities for Siting) - Wireless communication facilities shall generally be located on properties with priority as follows: a) Town - owned properties; b) Foothill College; c) water tanks; d) other public or quasi public facilities, such as schools or churches; and e) residential properties of at least ten 00) acres. Even though the subject property is considered a priority site according to policy #1, due. to the proliferation of Wireless facilities on the property, the Planning Commission recommended that the applicant research the possibility of an alternative location in the area. Wireless Communications Policy #3 (Collocation) - Collocation of wireless communication facilities with other facilities is encouraged to the maximum extent feasible, as long as the collocation is technologically compatible and does not substantially increase visual impacts. AT&T is proposing a facility that is designed to accommodate one additional cellular carrier. Wireless Communications Policy #4 (Landscape Screening and Color) - Landscape screening shall be required by the Town to minimize the visual impacts of wireless communication facilities. Poles, antennas, and equipment buildings should be painted to blend with the surrounding environment and/or buildings to further minimize visual impacts. The proposed AT&T treepole will be manufactured by the same company that made the tree poles at Town Hall and Westwind Barn. The pole is required to be clad with a material resembling tree bark in texture and contain sufficient artificial vegetation to resemble a mature pine and screen all antennas. If the project is approved, the applicant will be required to submit a landscape screening plan for review by the Planning Commission, prior to final inspection. Wireless Communications Policy #6 (Antenna Meister Plans) - Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier far a three (3) to five (5) AT&T Wireless 26410 Duval Way January 8, 2009 Page 4 of 4 year period, and the requests shall be reviewed by the Planning Commission and City Council as a master plan application AT&T Wireless has submitted a 3-5 year Antenna Master Plan showing all existing AT&T sites, current search areas and, existing and potential coverage in and around the Town's boundaries (Attachment 8). Wireless Communications Policy #8 (Neighborhood Outreach) - Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been made to inform neighboring residents of the proposed facilities, such as conducting meetings, or mailing fact sheets andlor letters, etc. to neighbors. The applicant had invited neighbors within 500 feet of the project site to attend a meeting at Town Hall on September 16, 2008 to introduce the project. Eight (8) neighbors attended the meeting and expressed concerns including decreased property values, proliferation of facilities in the neighborhood, landscape screening, and degradation of the historic value of the site. Additional information about theproject can be found in the attached Planning Commission staff report and meeting minutes. (Attachments 4 and 5) CEOA STATUS Consistent with Wireless Communications Facilities Policy #5 and in conformance with CEQA requirements, staff has prepared an Initial Study/Mitigated Negative Declaration for the project. The Initial Study identified one potential impact relating to aesthetics. Based on the analysis contained in the study, the impact can be reduced to a less than significant level with mitigation. A detailed analysis of the potential impacts and mitigation measures are discussed in the Initial Study. (Attachment 3) i=1401111S19-Se1 None. ►er11KUH1331OIL I V 1. Recommended Findings of Denial 2. Alternative Findings and Recommended Conditions of Approval 3. Initial Study/Notice of Intent to Adopt Negative Declaration 4. Planning Commission meeting minutes dated November 6, 2008 5. Planing Commission staff report and attachments dated November 6, 2008 6. TRK Engineering -RF Report May 2008 7. Wireless Communications Facilities Policy 8. AT&T Wireless 3-5 Year Antenna Master Plan (2 -pages) 9. Development Plans and Photo Simulations ATTACHMENT FINDINGS OF DENIAL FOR A CONDITIONAL USE PERMIT WIRELESS TELECOMMUNICATIONS FACILITY (AT&T WIRELESS) 26410 DUVAL WAY -EPISCOPAL LAYMENS OF LOS ALTOS FILE# 139 -08 -CUP -IS -ND 1. The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity. In deciding on an application for a Conditional Use Permit for a wireless communications facility, Municipal Code Section 10-1. 1 107(l)(a)(1) and the Town's Wireless Communications Facilities Policy require the Town to consider the location of the proposed tower in relation to other existing facilities. In light of this criteria and the fact that the proposed location for the AT&T cell tower already contains two other wireless facilities, the project site is not an appropriate location for a new cell tower. 2. The site for the proposed use is adequate in size and shape to accommodate this use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area. The site is adequate in size and shape to accommodate the proposed tree pole and ground equipment. The proposed installations total approximately 300 square feet. The site is currently developed with a church, parking lot, and accessory structures. The existing parking facilities would be sufficient for the limited trips generated by construction and maintenance of the ground equipment. No trees would be removed to install the tree pole or the ground equipment. 3. The site is served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by this proposed use. The construction and maintenance of the proposed pole and ground equipment will generate minimal additional traffic (typically, one -three vehicle trips per day during construction and one-two per month for maintenance and service). The site is served by Robleda Road and Duval Way. These roads can both accommodate traffic generated by the proposed use. 4. The site does not adversely affect the abutting property or the permitted use thereof. The proposed wireless communication facility, as conditioned, will not adversely affect other properties or interfere with permitted uses in the vicinity or the general welfare of the Town. ATTACHMENT FINDINGS OF APPROVAL FOR A CONDITIONAL USE PERMIT WIRELESS TELECOMMUNICATIONS FACILITY (AT&T WIRELESS) 26410 DUVAL WAY -EPISCOPAL LAYMENS OF LOS ALTOS FILE# 139 -08 -CUP -IS -ND 1. The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity. The proposed location of the pole and ground equipment is properly located in the community and is a priority location per the Town's Wireless Policy. The site is currently operated by a quasi -public entity (St. Lukes Church) and is centrally located within the Town. The proposed treepole would be located near existing mature evergreen trees and the antennas will be screened by faux evergreen branches and foliage. The pole would be placed in the furthest location from adjacent properties and nearest to the Interstate 280. The ground equipment would be screened by a seven (7) foot tall wood slat fence. Construction of the proposed wireless communication facility will not place a burden on existing transportation facilities or utility services. The construction operation will be temporary and will typically generate a maximum of three vehicle trips per day. Robleda Road and Duval Way can accommodate this increased demand without a reduction in the level of service. Maintenance and service of the facility would require one or two vehicle trips per month. If approved, this installation would improve wireless service in the vicinity and link an AT&T coverage gap between Foothill College and the Little League fields. 2. The site for the proposed use is adequate in size and shape to accommodate this use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area. The site is adequate in size and shape to accommodate the proposed treepole and ground equipment. The proposed installations total approximately 300 square feet. The site is currently developed with a church, parking lot, and accessory structures. The existing parking facilities would be sufficient for the limited trips generated by construction and maintenance of the ground equipment. No trees would be removed to install the treepole or the ground equipment. 3. The site is served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by this proposed use. The construction and maintenance of the proposed pole and ground equipment will generate minimal additional traffic (typically, one -three vehicle trips per day during construction and one-two per month for maintenance and service). The site is served by Robleda Road and Duval Way. These roads can both accommodate traffic generated by the proposed use. Page 1 of 4. The site does not adversely affect the abutting property or the permitted use thereof. Conditions of Approval requiring landscape screening will mitigate the visual impacts and future problems with the site. The proposed wireless communication facility, as conditioned, will not adversely affect other properties or interfere with permitted uses in the vicinity or the general welfare of the Town. Page 2 of 4 RECOMMENDED CONDITIONS OF APPROVAL WIRELESS TELECOMMUNICATIONS FACILITY (AT&T WIRELESS) 26410 DUVAL WAY -EPISCOPAL LAYMENS OF LOS ALTOS FILE# 139 -08 -CUP -IS -ND I2A\UJIZ 1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). Additionally, the Planning Director may, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not being met or the facility is being used inconsistently with the approved use or in violation of Town development codes. 2. In accordance with the Town's Wireless Communications Policy, the applicant shall permit the collocation of other carrier's wireless communications equipment at this facility. If no collocation has occurred within 12 months of this approval, the Town may initiate conditional use permit review proceedings pursuant to condition #1. Prior to the issuance of a building permit, the applicant's structural engineer shall certify that the wireless communication tower is structurally capable of co -location. 3. The use permit shall expire ten (10) years from the date of approval. Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date. 4. The pole shall be clad with a material resembling tree bark in texture and shall be an earth tone color with a reflectivity value not greater than 40%.. The mono -pine shall contain sufficient artificial vegetation to resemble a healthy mature pine and to screen all antennas. A sample of all colors and materials must be reviewed and approved by the Planning Department prior to acceptance of plans for building plan check. 5. The applicant shall submit a signed agreement to the Town that should the use be discontinued by the carrier, all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. The agreement shall be approved by the City Attorney, and must be signed by the applicant and submitted to the Town prior to acceptance ofplans for buildingplan check. 6. The applicant may be required to correct any and all future interference problems experienced by neighbors with respect to reception problems caused by this facility. 7. AT&T Wireless or the operator of the site shall be responsible for repair or repainting of the proposed facilities in case of vandalism or wear and must do so within 72 hours of notice by the Town that a complaint has been received. Page 3 of 8. The applicant is required to water sweep roads if soil material is carred onto public streets. 9. The noise emissions from the ground equipment at communications facility shall comply with the Town's noise ordinance at all times. 10. After installation of the pole and prior to scheduling a final inspection, the applicant shall submit a landscape screening plan and applicable fees for review by the Planning Commission. All required landscape screening shall be installed prior to final inspection. 11. A landscape maintenance deposit of $5,000.00 shall be posted prior to final inspection. An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after installation. The deposit will be released at that time if the plantings remain viable. ENGINEERING: 12. No grading shall take place during the grading moratorium (October 15 to April 15) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line. 13. Final grading and drainage shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department prior to final approval. 14. Any, and all, areas on the project site that have the native material disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection. 15. The applicant shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection and shall provide the Town with photographs of the existing conditions of the roadways and pathways prior to acceptance ofplans for building plan check. CONDITION NUMBERS 4, 5, AND 15 SHALL BE COMPLETED AND SIGNED OFF BY THE PLANNING DEPARTMENT AND THE ENGINEERING DEPARTMENT PRIOR TO ACCEPTANCE OF CONSTRUCTION PLANS FOR PLAN CHECK BY THE BUILDING DEPARTMENT. NOTE: The Site Development permit is valid for one year from the approval date (until January 8, 2010). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years. Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval. Page 4 of 4 Attachment 3 8. Consideration of a Site Development Permit and Conditional Use Permit Request for an Unmanned Wireless Communications Facility Consisting of Six (6) Panel Antennas Mounted to a 65' Tall Tree Pole and Associated Ground Equipment: Lands of Episcopal Group of Los Altos (Applicant: AT&T Wireless) 26410 Duval Way, File #139 -08 -CUP -IS -ND. CEQA status — Initial Study/Mitigated Negative Declaration (Staff: D. Pedro) Planning Director Debbie Pedro introduced the item to Council. Council had before them a request for a Site Development Permit and Conditional Use Permit for a wireless communications facility to be located at 26410 Duval Way (St. Luke's Church). Pedro began her presentation with several photo exhibits that included: an aerial.map of the project area and surrounding single family residences; photos of the two existing wireless cell facilities on the site that were located in the church steeple and flagpole; and, photo - simulation of the proposed 65' treepole facility with six panel antennas and ground equipment. Pedro noted that the distance between the closest residence and the treepole was approximately 180 feet. Pedro provided an overview of the Planning Commissions review of the project at their November, 2008 meeting. During the hearing, neighbors voiced their opposition to the project and expressed their concerns which included: the potential negative effect to property values; the number of wireless facilities currently on the site; inadequate landscape screening; and the potential of radiation from the facility. The Planning Commission voted 3-1-1 (Abraham no -Clow absent) to recommend denial of the request citing the property as already crowded with too many wireless communication facilities and the applicant's lack of research into the possibility of an alternative location. Pedro displayed a map of AT&T's five year master plan for their facilities which included the proposed sites and a map of their existing coverage. Pedro clarified that the FCC pre-empts the Town from regulating cell sites based on the potential affects of radiation. Applicant: AT&T Leon Beauchman, AT&T External Affairs addressed Council. Beauchman offered that the company was committed to working with the neighbors. Philip Thomas, AT&T Mobility Representative, reviewed the topics that had been discussed at the Planning Commission and the company's efforts to address those issues. He hoped that his presentation would confirm that AT&T had provided the required documents to support the application and assuage the neighbors concerns. Thomas shared a map that identified alternative search sites that had been considered and explained the reasons they were not viable locations. Thomas offered that the church property was the only location per the Town's Wireless Policy that was compatible with the project. Thomas reviewed the concerns of neighbors that the additional wireless facility at the church would have a negative impact on property values and create potential health problems. He commented that there was no documentation that could verify that property values would be adversely effected. Additionally, the estimate for emissions from the site including all three carriers would be one quarter of the maximum allowable City Council Regular Meeting Minutes January 8, 2009 emissions. Thomas noted that AT&T was committed to mitigating the visual impact of the facility and ground equipment with landscape screening. Other sites with multiple carriers included: Foothill College; Little League Fields; and Page Mill. The facility at Town Hall (treepole) was constructed to accommodate multiple carriers. OPENED PUBLIC HEARING Mary Ann Malcolm, Duval Way, encouraged the Council to deny the request. She offered that when the last facility had been approved by a previous Council, the neighbors were assured that no additional cell sites would be added to the Church property. Duval Way has eight residences and three cell towers that impact their neighborhood (two at the church and one at Foothill College). Malcolm suggested that St. Luke's had a value as an historic site and should be maintained as such. She reported that the current landscaping had not been maintained and there was no guarantee that once the applicant completed their project, the landscape screening would be maintained. Joanne Sobel, Duval Way, opposed the project. She offered that cell towers posed a health risk and reduced property. values. Sobel explained that she had chosen to live in Los Altos Hills for the beautiful, residential quality of life and believed the appearance of the towers was not compatible with a residential sheet and wished to preserve the residential character of her street. Fritz Mueller, Duval Way, encouraged the City Council to deny the application and suggested that AT&T find an alternative location. Mueller explained that Duval Way was surrounded by cell antennas and believed this had a negative impact on his property value. He shared several newspaper articles regarding opposition to cell tower antennas and offered that those people campaigning against towers would not purchase his home that was surrounded by cell towers. Mueller reasoned that cell carriers pay people to have towers located on their property because they reduce the property value. He suggested there was no balance to the plan. Al Jackson, Duval Way, requested that Council deny the application. He noted that the photos that had been shown by AT&T were taken from the opposite side of I-280 and were not an accurate representation of the proposal. Jackson shared photos of the site with Council taken from the adjacent property. He believed that properties would be devalued with the installation of another tower. Jackson suggested that if the project application was approved, the lease fees be shared with the neighbors. Additionally, Jackson requested that the any hearing on the landscaping proposal for the site be open to the public and a more substantial maintenance bond be required. Sandeep Pombra, owner of property adjacent to the church stated that he had not been apprised of the existing antennas when he purchased his home. He noted his professional background and added that he was very concerned with the health risks from the towers and did not want any additional carriers on the site. He was a user of AT&T and had not experienced any connection issues and suggested that the new facility was being installed to serve drivers on 1-280 not Los Altos Hills residents. Jitze Coupems, Page Mill Road, suggested that it was the responsibility of the commercial enterprise to prove that the installation of the cell facility would not have a negative impact on property values, it was not as expressed by the applicant, the City Council Regular Meeting Minutes January 8, 2009 responsibility of the residents. He requested in writing, documented to the Town, why the antenna placement on another site was not feasible. Barry Smith, Estacada Drive, supported approval of the request for the new cell tower. He offered that every proposal for a cell tower goes through the same cycle with local neighbors opposing the project and the rights of the larger group that would benefit from the project being diminished. He suggested that cell phone service was very important to residents and improved coverage in Town, surrounding communities, and for commuters was critical. Bob Sandoq Alta Tierra Road, expressed his support for the application and reiterated the importance of improved cell coverage for residents. Resident, Duval Way, shared with Council that he had a twenty month old daughter and that both he and his wife were health care professionals. He encouraged the Council to reject the application and offered that there were too many unknowns with cell towers that include: health risks and the impact on property values. He also cited the negative aesthetic to the site with the additional cell tower and noted that the previous vendor had not met their obligations for landscape screening CLOSED PUBLIC HEARING AT&T Applicant Grant Heitman, Ericsson Inc., AT&T Mobility, offered that the application that had been submitted by AT&T had been complete and the necessary documentation had been provided. If the Council required supplemental information to assist them in making a decision, he would be happy to accommodate the request. Council Discussion: Council reviewed elevations of the project and the proposed equipment shed. Council expressed their concerns with the appearance of the equipment shed and supported further mitigation. Councilmember Kerr sympathized with the neighbors regarding the aesthetics of the proposed equipment shed. He requested consideration of options to reduce the visual impact of the equipment structure. Kerr voiced his support for the project and offered that if it was denied, the applicant would most likely move on to another project outside the Town. He noted that historically, when Council had evaluated and considered applications for wireless facilities, there had been a concerted effort to facilitate the projects rather than oppose them. Councilmember Larsen requested clarification on possible other sites in the area that could support the project. Planning Director Pedro reviewed the other possible locations, including private properties. City Manager Cahill noted that the Town's Wireless Policy could be amended by the Council if they deemed it appropriate. Larsen concurred with the comments of Councilmember Kerr that it was important to improve the cell coverage for residents but noted his concern for the neighbors. He questioned if the applicant had met with the neighbors. In response, Pedro offered that the neighbors had been invited to attend a meeting at Town Hall to introduce the project and discuss their concerns. City Council Regular Meeting Minutes January 8, 2009 Councilmember Larsen supported the project but with a possible continuation to accommodate additional conversation between the applicant and neighbors regarding quality of life issues and the submittal of additional information from the applicant regarding the effect of the tower on property values. Mayor Pro Tem Warshawsky spoke to the importance of improved cell phone coverage to the community. He noted that his residence was located less than 500 feet from a cell tower. Warshawsky encouraged the neighbors to direct their attention more towards addressing issues regarding the possible aesthetic improvements and mitigation options that could be required of the applicant. He supported approval of the application. Councilmember Summit offered that she understood the value of broader cell coverage and noted that if she were considering a single tower, she could support the application. However, she believed the residents of Duval Way were overburdened with cell towers. She spoke to the unknown potential health risks and opposed approval of the application. Mayor Mordo acknowledged that it was a difficult decision because it involved constituents, neighbors, friends and a corporation. However; he did not believe there was a valid basis for denying the application. He noted that the application had done their homework. Mordo added that he empathized with the neighbors and their concerns but clarified that the Council was not permitted by law to consider the potential health risk from the facility as a determining factor in denying the application. He supported approval of the project with additional mitigation measures. Council reviewed potential amendments to the Conditions of Approval (Attachment 2 of the staff report). Amendments discussed included: an increase in landscape deposits of up to $20,000.00 and maintenance terms of five years; mitigation requirements for the equipment shed; submittal of a landscape screening plan prior to the acceptance of plans for building check and all required landscape screening to be installed prior to the final inspection; and, modifications to the COA#6 to include language that changes may be required to correct reception problems to the extent that the problems were caused by operation of the facility in violation of applicable state and federal laws and regulations. It was noted that the Town's authority was preempted by the FCC. Council provided direction on the siting and mitigation of the equipment shed. The ground equipment was to be housed in a solid enclosure with at least one side of the enclosure not taller that the current ground surface level and two sides either below or partially below the current surface level. No portion of the ground equipment enclosure was to be taller than five feet above the current ground surface level. The applicant was asked for the record if they had any issues with the amendments that had been proffered by the City Council. They had no problem and accepted the revised terms and conditions. MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr and passed by the following roll call vote to adopt the Initial Study and Mitigated Negative Declaration and to approve the request for a Site Development and Conditional Use Permit for the proposed wireless communications facility subject to the City Council Regular Meeting Minutes January 8, 2009 recommended additions and findings of approval in Attachment 2 of the January 8, 2009 staff report as amended by the direction of the City Council, AYES: Mayor Mordo, Mayor Pro Tem Warshawsky, Councilmember Kerr, Councilmember Larsen NOES: Councilmember Summit ABSENT: None ABSTAIN: None COUNCIL RECESSED AT 9:15 P.M. COUNCIL RECONVENDED TO THE PUBLIC MEETING AT 9:25 P.M. UNFINISHED BUSINESS 9. Consideration of Amendments to the Resolution 70-08 Establishing Standing Committees and the Formation of the City Council Sub -Committee on Westwind Community Barn (Staff: K. Jost) At the direction of Council, several amendments had been proposed to the standing committee resolution. The City Clerk reviewed the draft resolution before Council that incorporated the modifications, which included: an increase in the membership of the Community Relations Committee to between 8-10 members; a revision of the Councilmember participation in the Education Committee from voting member to Council liaison; and the sunsetting of the Westwind Community Bam Committee. In addition to the draft resolution, Council had also requested that the City Council subcommittee that had been recommended to review issues at Westwind Barri at the previous Council meeting be agendized for Council confirmation. Councilmembers Summit and Ken had volunteered to serve on the subcommittee. Council consensus was to approve the draft resolution as presented and to formally establish the City Council subcommittee on Westwind Community Barn. MOTION SECONDED AND CARRIED: Moved by Ken, seconded by Summit and passed unanimously to adopt Resolution No. 1-09 "Establishing Standing Committees" and approve the formation of a Council Subcommittee on Westwind Community Bam with Council representatives Summit and Kerr. 10. Update on Town Goals • Emergency Preparedness • Environmental Initiatives • Parks and Recreation Assets and Programs 10A. Naming of Little League Fields Motion Seconded and Carried: Moved by Ken, seconded by Summit and passed unanimously to name the new, enhanced recreation facility on Purissima Road to Purissima Park. City Council Regular Meeting Minutes January 8, 2009