Loading...
HomeMy WebLinkAbout10-10-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: October 10, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, Kolstad, Moran, Siegfried and Tappano pledge of Allegiance Minutes - 9/26/90 Minutes will be included in next packet ORAL COMMUNICATIONS: None REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 5, 1990. TechniCal Corrections to PaCket Material: None. PUBLIC HEARINGS CONSENT CALENDAR: 1. SD-90-003 Peninsula Townhomes Assoc., 12297 Saratoga- UP-90-003 Sunnyvale Rd., request for tentative map approval DR-90-034 to subdivide a 2.67 acre lot into one two-acre multi'family parcel and two .3 acre parcels for commercial use. Use permit approval is requested to allow a 30-unit multi-family residential development within a Commercial Visitor (C-V) zone district. Design review approval is also requested for the entire project per Chapter 15 of the City Code. An initial environmental assessment has been prepared and is incorporated in this application (cont. to 10/16/90 study session and 11/14/90 public hearing). 2. DR-90-046 Oh, 18693 Martha Ave., request to construct a 787 sq. ft. second story addition and 404 sq. ft. of first floor area to an existing 1,975 sq. ft. single family residence on a 10,270 sq. ft. lot in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. to 10/24/90). PLANNING COMMISSION MEETING October 10, 1990 Page 2 PUBLIC HEARINGS CONSENT CALENDAR Continued 3. SD-90-008 Ebner, 13741 & 13755 Saratoga Ave., resolution approving request for tentative map to subdivide a 17,894 sq. ft. parcel with a 7,137 sq. ft. and 10,757 sq. ft. parcel within the R-i-20,000 zone district per Chapter 14 of the City Code. Resolution approving variance to allow the subdivision of an existing substandard lot and to create two (2) smaller parcels per Chapter 15 of the City Code (conto to 10/24/90 to public notice CEQA Negative Declaration. 4o DR-89-111 Bilkey, 22126 Villa Oaks Ln., request for design review approval to construct a new 5,436 sq. ft. two-story residence in the Mt. Eden Estates subdivision on a 1o6 acre parcel and within the NHR zone district per Chapter 15 of the City Code (cont. to 10/24/90 at the request of the applicant). PUBLIC HEARINGS: 5. V-89-033 Matsuura, 21536 Saratoga Heights Dr., request for variance approval to allow a 5 ft. tall open bar fence within a required front yard in the NHR zone district per Chapter 15 of the City Code. Planning Commission approval is also requested to enclose a large portion of this 1.27 acre parcel with open wire fencing in a hillside zone district which only allows a 4,000 sq. ft. maximum area of enclosure (conto from 9/12/90). Commissioner Moran reported on the land use visit. Planner Walgren reviewed the Memorandum dated October 10, 1990. The public hearing was opened at 7:40 p.m. Mr. Ron Matsuura, 21536 Saratoga Heights Dr., addressed the Planning Commission. Regarding the requested space for enclosure, he stated that, on a recalculation, the area to be enclosed will be less than 10,000 sqo ft., which will constitute less than 25% enclosure. He referred to an October 5 letter and discussed portions of the letter° In response to a question from Commissioner Siegfried, Mr. Matsuura discussed further incidences of vandalism which occurred on his property since he last appeared before the Commission. PLANNING COMMISSION MEETING October 10, 1990 Page 3 PUBLIC HEARINGS Continued Mr. Matsuura noted that Saratoga Heights Drive is a very busy street. He said that at some points during the weekend he counted as many as 15 cars within a five-minute period. He stated there is a stop sign, but most cars do not stop at the stop sign. BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 7:49 P.M. Passed 7-0. Commissioner Burger stated she originally had a problem with the five-foot fence in the front yard. She felt the fence has a charm about it and a neighborhood flavor that is not enough to concern her now. Since the fence is open, it does not prevent a view obstruction. She indicated she had a problem with the application for enclosing the area in the back and could not vote on it until she knows exactly where the fencing enclosure will be. She also indicated she would like to wait until the homeowners group files its application in order to make sure 60% of them are in favor of enclosing more than the allowed. Commissioner Siegfried agreed with Commissioner Burger's comments. Commissioner Moran said she did not find the fence design unattractive but was unable to make the findings for a variance because she did not think there are special physical characteristics for the lot and could not find that it is not a special privilege that would be granted to the applicant. Since other property owners will be asked to comply with the three-foot fence ordinance, the Commission would be moving in the wrong direction to grant the variance. Chairperson Tucker stated that since the fencing ordinance is on the books now, she would have to ~ote according to what is on the books at this time and could not make the findings for the variance. She did not feel the Commission should look at the enclosed area at this time. In response to questions from Commissioners, Mro Walgren replied that since formal application was never made for the area of enclosure that portion of the application could be deferred. Commissioner Kolstad he would be in favor of deferring the matter until the homeowners group files its application. The applicant was agreeable to postponing the matter. He said he would encourage the homeowners association to take action on the matter as soon as possible. PLANNING COMMISSION MEETING October 10, 1990 Page 4 PUBLIC HEARINGS Continued SIEGFRIED/MORAN MOVED TO CONTINUE V-89-033 TO THE FIRST MEETING IN JANUARY 1991. Passed 7-0. 6. V-90-005 Ballon, 14070 Arcadia Palms Dr., request for variance approval to allow an existing satellite dish to remain located within a required setback and to exceed the maximum height allowed by approximately 13 ft. on a 1.3 acre site per Chapter 15 of the City Code. The subject property is located within the R-i-40,000 zone (cont. from 9/26/90). Commissioner Moran reported on the land use visit. Planner Walgren presented the Report to the Planning CommiSsion dated October 10, 1990, City Attorney Toppel stated that, as in the case of ham radio antennas which the Commission has dealt with, there is a situation in this case of limited preemption by the FCC in terms of saying that there are certain rights to install and use satellite dish antennas just as there are to install and use ham radio antennas. However, it is not an absolute preemption and there is still an area left for local regulation. He said the City has the authority to require and impose reasonable regulations and can consider aesthetics and alternative locations. Mr. Toppel indicated his position has always been that the FCC allows reasonable reception but does not necessarily mandate optimum reception. He said he is comfortable with the staff report in this case. The public hearing was opened at 8:05 p.m. Mr. Samuel Ballon, applicant, addressed the Planning Commission. He said he has resided at 14070 Arcadia Palms Drive since 1979. Since that time he has contacted a variety of cable companies and the City approximately every six months to find Out if cable television could be accessed to his location. He stated he is unable, even with conventional television antennas, which exceed the satellite dish in height, to receive even local reception. Mr. Ballon indicated his preference was for the dish to be located in a more unobtrusive location° He said the company that installed the dish surveyed his entire property. They felt that certain eucalyptus trees in the back precluded reception by a satellite dish and further were concerned about the stability of the land in that area. Mr. Ballon said his pool is on the level ground below the hillside and the concrete decking around the pool, which is built on pylons, moves about three or four times a year. The PLANNING COMMISSION MEETING October 10, 1990 Page 5 PUBLIC HEARINGS Continued installer felt that location was not appropriate, and there was no other location on the entire property which allowed reception of signal from any satellites. Mr. Ballon indicated that after the application was filed he was requested to contact a second satellite installer to survey the property. He contacted a company with whom he had no prior dealings, and the property was surveyed and it was felt the location of the dish was the only one that was satisfactory. He said before the hearing he was requested to fund ~ third opinion by an independent satellite contractor. He indicated that contractor did not contact anyone at his home when the survey was done. SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 P.M. Passed 7-0. Commissioner Siegfried said his initial reaction was to vote no; however, he questioned the credibility of the report of the independent contractor. Mr. Walgren responded that staff was uncomfortable making a variance finding without consulting an impartial third source° The contractor was recommended by the Engineering Department at Stanford University. Chairperson Tucker questioned whether the contractor was aware of the problems inherent in the site since no one at the house was contacted. Mr. Walgren responded that the contractor would have taken the trees into consideration. Regarding the soils, a foundation could be built for a satellite. Commissioner Kolstad suggested that perhaps the applicant would like staff to contact two other contractors. He said he would otherwise support the staff recommendation. Commissioner Siegfried expressed concern regarding the pine tree which was to be removed and questioned whether the tree was on the applicant's property. Mr. Walgren responded there are a number of trees in that corner, and he believed the consultant was referring to the one that would be in the location that the satellite dish is shown to be located at. PLANNING COMMISSION MEETING October 10, 1990 Page 6 PUBLIC HEARINGS Continued Chairperson Tucker suggested that the contractor be asked to clarify the location of the pine tree and respond to the other questions raised regarding the report. There was Commission consensus to support Chairperson Tucker's suggestion. Commissioner Tappan commented that these problems are going to continue to occur, even in his own neighborhood. He suggested that the City look at its cable contractor. He said cable companies do not want to provide service to neighborhoods such as the applicant's because they are unprofitable. Commissioner Tappan suggested that perhaps cable companies should consider lowering the density for installation for these facilities to areas such as the applicant ' s. Mr. Toppel requested that the applicant contact Mr. Todd Argow, Director of Community Services, in order to make him aware that this particular neighborhood does not have cable service so that could be included in his negotiations with cable companies. BURGER/SIEGFRIED MOVED TO CONTINUE V-90-005 TO NOVEMBER 14, 1990. Passed 7-0. 7. DR-90-059 Rivoir, 20411 Hill Ave., request for design review approval to construct a 1,668 sq. ft. two-story addition to an existing 3,275 sq. ft. one-story residence with an 864 sq.. ft. detached garage on a 1.3 acre parcel within the R-l-40,000 zone district per Chapter 15 of the City Code. Commissioner Moran reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated October 10, 1990. The public hearing was opened at 8:25 p.m. Mr. Richard Rivoir, applicant, was present and briefly discussed the proposal. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:27 P.M. Passed 7-0. SIEGFRIED/BURGER MOVED TO APPROVE DR-90-059 PER THE STAFF REPORT. Passed 7-0. Break 8:30 p.m. - 8:40 p.m. PLANNING COMMISSION MEETING October 10, 1990 Page 7 PUBLIC HEARINGS Continued 8. 'DR-90-056 Borrione/Tanner, 14430 Leland Circle, request for design review approval for a new 5,798 sq. ft. two-story home on a 1.29 acre site located in the R-i-40,000 zone district per Chapter 15 of the City Code. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated October 10, 1990. The public hearing was opened at 8:45 p.m. A representative of the applicant was present to answer questions regarding the application. BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:48 P.M. Passed 7-0. In response to a question from Commissioner Moran, Mr. Emslie replied that the turnaround would involve between 200 and 500 cubic yards of grading. Mr. Emslie reported that a letter was received from a neighbor requesting repair of a fence that was damaged by a branch from the tree on the applicant's property which is scheduled to be replaced. The neighbor, Mr. Chin Chu, 19163 Via Tesoro Court was present, and it was discovered that his letter was in error since his property was not contiguous to the applicant's property. BURGER/KOLSTAD MOVED TO APPROVE DR-90-056 PER THE STAFF REPORT. Passed 7-0. 9. AZO-90-005 City of Saratoga, consideration of zone amendment to Article 15-80 of the City Code to allow certain cellular telephone transmission structures to be constructed in the Commercial and Professional Office zone district subject to height restriction (conto from 9/26/90). City Attorney Toppel reviewed his Memorandum dated August 27, 1990. In response to a question from Commissioner Caldwell, Mr. Toppel replied that the 60-foot limit was based upon the stated height requirement of the applicant at the time. Staff relied on statements made to staff and the Commission by the operators relative to what they felt was the necessary range. PLANNING COMMISSION MEETING October 10, 1990 Page 8 PUBLIC HEARINGS Continued In response to a question from Commissioner Burger regarding setbacks, Mr. Toppel responded that antennas would be considered as structures and would be subject to the normal setbacks of a district. Commissioner Siegfried stepped down from discussion of this item because a major portion of his pension is paid out of the operating income of the telephone company. The public hearing was opened at 9:05 p.mo A representative of the Bay Area Cellular Telephone Co., Pruneyard Towers, Campbell, addressed the Commission° He said Cellular One is pleased that the Commission is considering cellular service in the City's ordinances. He stated his company is in the process of acquiring its own site in Saratoga and the project is proposing an antenna tower of 75 feet in height. He indicated that if the height limitation could be increased to 75 feet with a use permit it would enable them to provide the best possible service to the City. In response to a question from Chairperson Tucker, Mr. Toppel said the Commission could consider modifying the height limit. As to the school site, that would require consideration of the zoning districts in which these types of structures are going to be allowed. If the ordinance passes as suggested where antennas would only be allowed in a commercial or office district, a variance could be requested for height but not for use. That means a company would be precluded from putting an antenna up in a residential district even it is a school site. In response to a request from Commissioner Caldwell, photographs were circulated of various types of antennas. In response to a question from Commissioner Burger, the representative of Cellular One indicated his company is negotiating a lease with the Saratoga Union School District (Redwood Junior High) for its maintenance yard property behind City Hallo CALDWELL/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:13 PoM. Passed 6-0. Commissioner Kolstad stated he had no problem with the height as long as variance findings could be made for topography. Mr. Toppel responded that if the Commission were departing from the normal State findings in the City Code then it might want to create an exception category and define its own findings. He said the PLANNING COMMISSION MEETING October 10, 1990 Page 9 PUBLIC HEARINGS Continued Commission may have trouble making the pure variance findings of exceptional circumstances and special privilege. Commissioner Kolstad said he could envision situations where higher than 60 feet would be needed. When that occurs he would want to make sure that it did avoid unreasonable interference with views and privacy of neighbors. He stated if it was allowed in any portion of the setbacks he would not want it in any commercial area front yard setback. Commissioner Burger stated her first reaction to the proposed ordinance is that she is comfortable with the way it is presently structured. She said she would like the 75-foot issue to be handled through a variance process. She indicated she is uncomfortable allowing these kinds of structures in zoning districts other than those contemplated by the ordinance because it is, in her opinion, an incompatible use in other zoning districts. Commissioner Kolstad felt it was acceptable to allow these structures at schools and institutions as long as the use does not change. He also felt schools should be allowed to lease out a site for the extra income. Commissioner Burger stated that if a school were to lease out a portion of its property it would .likely be a corner that would be close to a residential area. Chairperson Tucker indicated a company could put a structure close to the property line in a commercial area that adjoins a residential area. She suggested including language that protects residential homes that may adjoin these structures. Commissioner Burger suggested staff return to the Commission with some revisions in the ordinance regarding the setbacks. Chairperson Tucker suggested staff contact other cities with these structures to see if they have run into problems with setbacks and what setbacks are working for them when they adjoin a residential neighborhood. In response to a comment from Commissioner Caldwell, the Commission was not agreeable to adding the school zoning to the ordinance. BURGER/MORAN MOVED TO CONTINUE AZO-90-005 TO NOVEMBER 14, 1990 FOR REVISION REGARDING SETBACKS. Passed 6-0. PLANNING COMMISSION MEETING October 10, 1990 Page 10 PUBLIC HEARINGS Continued Commissioner Siegfried was reseated on the Commission. In response to his question, Mr. Toppel indicated that it was appropriate for Commissioner Siegfried to abstain from voting on this matter. 10. GPA-90-001 City of Saratoga, review and comment on the proposed outline and format for the Revised Housing Element of the City of Saratoga. Planning Director Emslie reviewed the Memorandum dated October 10, 1990. Chairperson Tucker pointed out that the purpose of tonight's meeting is to get all of the issues on the table and stated the Commission would not be making any decisions regarding this item at this meeting. The public hearing was opened at 9:40 pomo Ms. Faith Schmidt, 19964 Mallory Court, addressed the concerns of staff regarding the housing element as they were also her concerns. One of her concerns was that there needed to be additional clarification on goals and policies in order to determine that when a policy is set it goes along with the goals. She stated she did not know that the concept of an advisory commission was rejected but recommended that the City either hire additional staff or perhaps a subcommittee of the Planning Commission be formed to work with the staff regarding the housing element. Another concern was how the participation of all income categories in the City would be addressed in the element. Regarding Ms. Schmidt's final comment, Chairperson Tucker responded that the Commission would have to advertise that study sessions will be held regarding the element, and people in the community will have to come forward to provide their input. Ms. Nancy Burbank, Chairman of the American Association of University Women Affordable Housing Committee, Los Gatos-Saratoga Branch, addressed the Commission. She urged the Commission to strongly consider affordable housing projects. She stated that since the housing element is under review, this would be the best time to consider inclusion of leeway for affordable housing projects. Ms. Martha Beverett, 19597 Via Monte, addressed the Commission. She suggested that the Commission come up with some incentive to encourage the citizens in the implementation of the element. PLANNING COMMISSION MEETING October 10, 1990 Page 11 PUBLIC HEARINGS 'Continued Ms. Carol Mackel, Ronnie Way, addressed the Commission. She recalled that when this item was last discussed by the City, the City was split regarding the issue. Many individuals were upset because their sites had been identified to be next for high density, low cost, subsidized housing. She did not believe the identification of sites should be included in any housing element. She also expressed concern that the document changes everything currently in existence. She understood that the City Council's intent was to review the existing element and then make changes. She felt the proposal promotes subsidized housing in all areas and does not honor the area plans. TAPPAN/MORAN MOVED TO CONTINUE GPA-90-001 TO AN ADJOURNED MEETING OF THE PLANNING COMMISSION ON NOVEMBER 6, 1990. Passed 7-0. Commissioner Siegfried stated he did not see major changes but saw staff identifying issues and the Commission then deciding what to do. He suggested consideration of a development assessment similar to those done for parks that might provide funds for use in areas outside of Saratoga where land is much more affordable. Mr. Emslie responded since the City generally does not use its block grant money for housing it has been donated to areas such as Cupertino or Campbell for projects such as senior housing projects. Mr. Toppel indicated that under current law it would be difficult to what Commissioner Siegfried suggested because there are new regulations dealing with impact fees and an arbitrary amount cannot be collected. Mr. Toppel pointed out that the term "affordable housing" in not synonymous with "subsidized housing". The housing element refers to affordable housing, which does not necessarily mean there will be government subsidies. It could mean that techniques are being provided for people to buy without necessarily involving government assistance. Commissioner Caldwell requested staff consider an implementation measure that addresses the City's desire to maintain and create open space and reconcile that need with any need to create additional housing and how that pertains to the density issue. Commissioner Siegfried requested an in-depth discussion at the study session relative to exactly what is required by State law and examples of how cities have responded. Mr. Emslie pointed out that the outline given to the Commission includes the minimum items the Commission would have to study in order to fulfill the obligations required by the State to review this element. PLANNING COMMISSION MEETING October 10, 1990 Page 12 PUBLIC HEARINGS Continued Commissioner Tappan pointed out that discussion of this subject is dictated by the State and the community should be aware of that. 11. AZO-90-006 City of Saratoga, proposed amendment to the zone ordinance concerning height of accessory structures, Sections 15-12.100(b), 15-13-100(b) and 15-14.110(b) and (d) of the City Code. City Attorney Toppel reviewed his Memorandum dated August 6, 1990. The public hearing was opened at 10:15 p.m. There was no one present who wished to address the Commission regarding this matter. TAPPAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:15 P.M. Passed 7-0. Commissioner Siegfried pointed out that Section 2 should indicate the structure also should be compatible with the surrounding neighborhood. SIEGFRIED/BURGER MOVED TO APPROVE AZO-90-006 AND DIRECTED STAFF TO ADD LANGUAGE TO REQUIRE COMPATIBILITY WITH THE SURROUNDING PROPERTIES. Passed 7-0. 12. AZO-90-007 City of Saratoga, proposed amendment to the zoning ordinance concerning swimming pool fencing, Section 16-75.010(c) of the City Code. City Attorney Toppel reviewed his Memorandum dated August 6, 1990 and answered Commissioners' questions. The public hearing was opened at 10:30 p.m. There was no one present who wished to address the Commission regarding this matter. MORAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:30 P.M. Passed 7'0. SIEGFRIED/BURGER MOVED TO MODIFY SECTION 1 TO READ: PARAGRAPH (C) OF SECTION 16-75.010, ARTICLE 16-75 OF THE CITY CODE IS REPEALED. Passed 7-0. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects PLANNING COMMISSION MEETING October 10, 1990 Page 13 DIRECTOR'S ITEMS Continued Mr. Emslie noted that a letter to Commissioner Siegfried from Claire Marino was included in the packet. The Villa Montalvo item is scheduled for the October 24 Commission meeting. Commissioner Kolstad suggested the Commissioners may want to visit the properties discussed in items 2 and 6 of the memo regarding Future Agenda Items. COMMISSION ITEMS COMMUNICATIONS Written 1. Heritage Preservation Commission minutes 9/19/90 Oral Commissioner Burger expressed concern that the Planning Commission has not received any City Council meetings since shortly after the election. She felt the Commission is operating in a vacuum. She cited as an example the housing element which was heard this evening. One of the speakers indicated that the intent of the Council was different from what the Commission was looking, but the Commission is unaware of the Council's intent because the members have not had the benefit of reviewing the minutes for a flavor of what the Council is doing and why. Commissioner Burger said she would like to see every set of minutes that have not yet been received. Chairperson Tucker reported that the Chairs of the various commissions met with the Council. The Council was concerned over the Commission's handling of the proposed open space ordinance and was surprised that the Commission was surprised to get the item at a public hearing. She said the lines of communication were discussed, and it was decided that when the Council makes a major policy decision that they want to be aware of they will give it to the Commission in writing. Chairperson Tucker said the Council also requested that the Commission discuss the training and instruction of Commissioners. Chairperson Tucker suggested that when any Commissioner attends a League of Cities meeting the Commission meet to discuss the meeting. PLANNING COMMISSION MEETING October 10, 1990 Page 14 ADJOURMMEMT The meeting of the Planning Commission was adjourned at 10:58 p.m. Respectfully submitted, Rebecca Cuffman