The URL can be used to link to this page

Home My WebLink About7.1Item 7.1 Minutes of a Regular Meeting Draft Town of Los Altos lulls PLANNING COMMISSION THURSDAY, November 5, 2009, 7:00 p.m. Council Chambers, 26379 Fremont Road 1. 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, Harpootlian, 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. 3. 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 Draft 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 Harpootlian 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, Harpootlian, 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 November 5, 2009 Page 3 Draft 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 Harpootlian 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 This item will be forwarded to a future meeting of the City Council. Planning Commission Minutes November 5, 2009 Page 4 Draft 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 Draft November 5, 2009 Page 5 AYES: Commissioners Collins, Harpootlian, 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. Planning Commission Minutes Draft 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 #127-09-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 #196-09-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