By Scott Wong

When it was all said and done, Toni Casey had the last laugh.

The Los Altos Hills councilwoman, who has spent more than a decade fighting for property owners’ rights, rallied the lame-duck council in a last act of defiance before the Dec. 5 two-seat changeover. The final votes overcame the nagging drone of protesting preservationists and neighbors last Thursday.

In two separate votes, council approved a six lot subdivision on Arastradero Road and upheld the planning commission’s approval of the Evershine development permit. the permit allows for the construction of a 27,000-square-foot residence that will require the excavation of approximately 25,000 cubic yards of dirt from the La Paloma Road crest.

Opponents of the project said the council’s approval will set a precedent for future development requests.

“The grading policy has been relaxed in the past, but not to this extent,” said resident Dot Schreiner. “Passing the project sends a message to residents that the grading policy is not existent, that massive disturbance to the land is allowed.”

But Casey and other council members said the proposed building plans, which will only use 64 percent of the 11 acre property, is half the environmental impact of owners exercising the maximum number of subdivisions allowed on the site.

“It is far superior to have one home than six on this hill to minimize the obstructiveness and environmental impact,” she said.

Council approved the subdivision on a 3-1 vote with Councilman Mike O’Malley the odd man out and Mayor Bob Fenwick stepping down due to the close proximity of the property to his residence. Council upheld the commission’s approval 3-2. Council members Emily Cheng and O’Malley dissented.

The Evershine property, owned by Fred Chan, will first require 25,000 cubic yards of dirt — the equivalent of some 25 dump trucks — to be removed from the building site in order to sink the first floor and basement of the two-story residence below the existing grade, according to the permit. About 3,900 cubic yards of dirt will be exported from the property.

The plan suggests that two-thirds of the excavation, or roughly

21,000 cubic yards of dirt, will be retained on the lot, spread out over the 11 acre site.

Not all on the town staff were completely convinced the plan was a good idea.

Planning Commissioner Carl Cahill said the excavation site, which in some places will reach a depth of 27 feet, is 19 feet greater than what the town grading policy recommends. He also said he was not aware of any other house in town ever had a 27-foot cut approved.

But “from a geo-technical standpoint, this project is feasible,” he said.

Fenwick said the 27-foot cut, designed to reduce the visibility and lower the profile of the house, served a “very good purpose.” When the house is completed, its roof will only sit three feet above the natural crestline, he said.

O’Malley, said he could not support this project because the “ends don’t justify the means.”

However, O’Malley, an outward opponent of Casey’s, said of the outgoing councilwoman: “She has a passion to help the average citizen, to make government work for the average citizen.”

On Thursday. she proved him right.