HomeMy WebLinkAbout11/05/2009Minutes of a Regular Meeting Approved 1/7/2010
Town of Los Altos Hills
PLANNING COMMISSION
THURSDAY, November 5, 2009,7:00 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 Clow and Commissioners: Collins, Harpoothan, Abraham, and
Partridge.
Staff: Debbie Pedro, Planning Director; Nicole Horvitz, Assistant Planner; Cynthia
Richardson, Consulting Planner; and Victoria Ortland, Planning Secretary.
Chairman Clow requested a moment of silence for the people injured and killed during the
violence at Fort Hood, Texas.
2. PRESENTATIONS FROM THE FLOOR
`. Debbie Pedro, Planning Director, announced that former Los Altos Hills Planner, Brian Froelich,
had been selected to fill the open Associate Planner position.
PUBLIC HEARINGS
Planning Commission Ex Parte Contacts Policy Disclosure:
Commissioner Abraham stated that he was a friend of Russ Benson, RF Design Engineer for
Verizon Wireless (Item 3.2); but there had been no discussion between them regarding the
application. Commissioner Abraham had not attended any discussion of Item 3.2 during the
Emergency Communications Committee meetings.
3.1 LANDS OF EINAV, 13310 East Sunset Drive; File #105-08-ZP-SD-GD-CDP; A
request for a Conditional Development Permit for a 3,950 square foot new
residence (maximum height: 27 feet) with a 1,526 square foot basement and 441
square foot swimming pool. CEQA Review: Categorical Exemption per Section
15303 (a) and (e) (Staff -Nicole Horvitz).
Nicole Horvitz, Assistant Planner, presented the staff report for the two story residence and
swimming pool proposed for the .86 acre site. The application met Los Altos Hill's ordinances
and policies and was before the Planning Commission for a Conditional Development Permit.
`, Commissioner Abraham asked if staff had any geotechnical concerns regarding the site.
Planning Commission Minutes Approved 1/7/2010
November 5, 2009
Page 2
Nicole Horvitz replied that a soils report had been reviewed by the Town's Geotechnical
Consultants, Cotton, Shires, and Associates and supplemental information was required to be
submitted before issuance of a building permit.
OPENED PUBLIC HEARING
Shirit Einav, applicant, explained that geotechnical concerns had been considered prior to
purchase of the property. Site issues had been carefully examined by a geologist and detailed in
the soils reports. No concerns over major landslides had been raised, and it was concluded that
there was improperly compacted cut and fill on the lot.
Commissioner Partridge felt that the geological report did not confirm that construction of a pool
was possible on the site. He questioned if a pool could be built at the edge of the very steep
slope.
Shirit Einav said that a supplemental geological report had directly addressed the pool.
Commissioner Partridge wondered why the residence could not be built first and the pool plan
submitted at a later date.
Shirit Einav answered that the site's topography prevented access for pool construction after
completion of the house.
Staff explained the conditions of approval for the project require all geotechnical evaluations to
be approved by the Town's geotechnical consultant, including the swimming pool plans, before
acceptance of plans for building permit plan check.
CLOSED PUBLIC HEARING
Commissioners Collins, Harpootlian, and Abraham supported the project.
Commissioner Partridge wanted the project returned to the Planning Commission after submittal
and review of the geotechnical reports regarding the swimming pool.
Chairman Clow felt that the building and inspection process would assure that the swimming
pool would be properly constructed. He supported the project as submitted.
MOTION MADE, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by
Commissioner Abraham and seconded by Commissioner Harpoothan to approve the requested
Conditional Development Permit for a new residence and swimming pool subject to the
conditions of approval and findings for LANDS OF EINAV, 13310 East Sunset Drive,
AYES: Commissioners Collins, Abraham, Harpoothan, and Chairman Clow
NOES: Commissioner Partridge
This item is subject to a 22 day appeal period and will be forwarded to a future meeting of the
City Council.
Planning Commission Minutes Approved 1/7/2010
November 5, 2009
Page 3
3.2 LANDS OF LOS ALTOS HILLS (TOWN HALL LOCATION, APPLICANT:
VERIZON WIRELESS), 26379 FREMONT ROAD; File #151 -09 -CUP; A
request for a Conditional Use Permit to co -locate new wireless communication
facilities on an existing 70 foot tall monopine including six panel antennas (four
feet in height) and associated ground equipment to be located within the existing
cutting shed. CEQA Review: Categorical Exemption per Section 15301 (Staff -
Cynthia Richardson).
Commissioner Partridge recused himself from Item 3.2.
Cynthia Richardson, Consulting Planner, presented the staff report for the installation of new
Verizon antennas on the existing monopine at Town Hall. The ground equipment would be
located in the cutting shed on the property. Mark Breier, Esperanza Drive, had submitted an
email expressing concern about the exposure to radio frequency waves. The applicant submitted
a Radio Frequency Emissions report indicating that the new antennas would be in compliance
with Federal requirements.
OPENED PUBLIC HEARING
Gabriella Barr, representative for Verizon Wireless, stated the project was designed with the
interest of the Town in mind. The proposed Verizon antennas would be co -located on the
existing monopine. The ground equipment would share space with existing equipment in the
cutting shed. The Radio Frequency report stated that at maximum level, emissions from the
Verizon facility would measure .72 percent total of the public exposure limit. The maximum
emissions level from the Verizon and AT&T facilities combined would measure 1.2 percent total
of the public exposure limit.
Russ Benson, RF Design Engineer for Verizon Wireless, explained that high powered TV and/or
FM station transmitters were types of antennas that approach the Federal standard for radio
frequency emissions.
CLOSED PUBLIC HEARING
Commissioners Abraham, Harpootlian, Collins, and Chairman Clow recommended forwarding
approval of the project to the City Council.
MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion made by
Commissioner Collins and seconded by Commissioner Harpoothan to forward a
recommendation to the City Council to approve the requested Conditional Use Permit subject to
the conditions of approval and findings for LANDS OF LOS ALTOS HILLS (TOWN HALL
LOCATION, APPLICANT: VERIZON WIRELESS), 26379 Fremont Road.
AYES: Commissioners Collins, Abraham, Harpootlian, and Chairman Clow
NOES: None
( ABSTAIN: Commissioner Partridge
V This item will be forwarded to a future meeting of the City Council.
Planning Commission Minutes
November 5, 2009
Page 4
Approved 1/7/2010
�. 3.3 Amendment to the Fence Ordinance (Section 10-1.507. d & c); File #207-09-
MISC. The ordinance amendment will prohibit the construction of fences, walls,
and/or gates with points, spikes, and/or sharpened edges which can cause harm to
people, pets, and/or wildlife. CEQA Review: Categorical Exemption per Section
15061 (b) (3) (Staff -Nicole Horvitz).
Nicole Horvitz, Assistant Planner, presented the staff report stating that at the September 24,
2009 City Council meeting, the Open Space Committee requested an amendment be made to the
Fence Ordinance prohibiting the use of points, spikes, and sharpened edges on fences, walls, and
gates. Injury to wildlife had occurred in the past and the potential existed for future harm to
wildlife, people, and pets. The proposed amendment would apply to Section 10-1.507. d & c of
the Fence Ordinance. Previously approved fences with points or spikes would fall under the
Town's legal non -conforming code section.
Commissioner Abraham asked for statistics the Town had collected regarding injury to people,
pets, and wildlife from fences.
Staff replied that one documented incident of a deer being impaled on the top of a fence had been
received.
OPENED PUBLIC HEARING
`. Roger Spreen, Open Space Committee Chairperson, said that in regard to statistics, Animal
Control Services for Palo Alto and San Mateo report several animal deaths annually due to
impalement on fences. He felt prohibiting dangerous fencing was the conscientious thing to do to
protect people and wildlife. It helped complete the intent of the original Fence Ordinance.
CLOSED PUBLIC HEARING
Commissioner Partridge supported the amendment to the Fence Ordinance and thought it was a
worthwhile change.
Commissioner Collins supported the amendment and felt potential harm to people and animals
should be prevented.
Commissioner Abraham did not support the amendment and thought it was a way to discourage
people from installing fences. He felt that one deer getting caught on a fence did not justify an
additional requirement being imposed on all the residents of Los Altos Hills.
Commissioner Harpootlian supported the amendment and did not see it as an imposition.
Chairman Clow supported the amendment to the Fence Ordinance.
MOTION MADE, SECONDED, AND PASSED BY ROLL CALL VOTE: Motion made by
`, Commissioner Harpootlian and seconded by Commissioner Collins to forward a
recommendation to the City Council to approve the amendment to the Fence Ordinance.
Planning Commission Minutes Approved 1/7/2010
November 5, 2009
Page 5
`+ AYES: Commissioners Collins, Harpoothan, Partridge, and Chairman Clow
NOES: Commissioner Abraham
This item will be forwarded to a future meeting of the City Council.
4. OLD BUSINESS — none.
5. NEW BUSINESS — none.
6. REPORTS FROM THE CITY COUNCIL MEETINGS
6.1 Planning Commission Representative for October 8 — Cancelled
6.2 Planning Commission Representative for October 22 — Commissioner Clow
6.3 Planning Commission Representative for November 12 — Commissioner Partridge
6.4 Planning Commission Representative for November 26— Cancelled
7. APPROVAL OF MINUTES
7.1 Approval of October 1, 2009 minutes.
MOTION MADE, SECONDED, AND PASSED BY VOICE VOTE: Motion by Commissioner
Harpootlian and seconded by Commissioner Abraham to approve the October 1, 2009 minutes as
presented.
AYES: Commissioners Collins, Harpootlian, Abraham, and Chairman Clow
NOES: None
ABSTAIN: Commissioner Partridge
8. REPORT FROM FAST TRACK MEETING — October 20. 2009
8.1 LANDS OF NAGEL, 26525 Weston Drive; File #146-09-ZP-SD; A request for a
Site Development Permit for a 5,778 square foot new residence (Maximum height
27'). CEQA Review: Categorical Exemption per Section 15303 (Staff -Cynthia
Richardson) (Approved with conditions).
Debbie Pedro, Planning Director, explained that the Pathways Committee had recommended
construction of a Type IIB path along Aric Lane to connect with a Type IIB path on Fremont
Road. An easement dedication was necessary to construct the path, as the property line extended
up to the edge of the pavement. A 20' by 20' triangle had been requested for the easement, but at
Commissioner Abraham's suggestion, it was concluded that a 15' by 15' easement would be
sufficient. The conditions of approval reflect a request for the 15' by 15' easement.
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Planning Commission Minutes Approved 1/7/2010
November 5, 2009
Page 6
9. REPORTS FROM SITE DEVELOPMENT MEETINGS — OCTOBER 6 AND
NOVEMBER 3. 2009
9.1 LANDS OF MARPLE, 12610 La Cresta Drive; File 4127-09-ZP-SD; A request
for a Site Development Permit for a landscape screening plan for a 5,506 square
foot new residence approved on March 11, 2008. CEQA review: Categorical
Exemption per Section 15304 (b) (Staff -Nicole Horvitz) (Approved with
conditions).
9.2 LANDS OF AHRENS, 13841 Robleda Road; File 4196-09-ZP-SD; A request for
a Site Development Permit for a landscape screening plan for a 5,160 square foot
new residence with a detached second unit and swimming pool approved on
August 19, 2008. CEQA review: Categorical Exemption per Section 15304 (b)
(Staff -Nicole Horvitz) (Approved with conditions).
10. ADJOURNMENT
The meeting was adjourned by consensus at 7:49 p.m.
Respectfully submitted,
Victoria Ortland
Planning Secretary
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