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HomeMy WebLinkAbout09-22-1993 Planning Commission Minutes_ ...:s. 1 • CITY OF SARATOGA PLANNING COMMISSION MINUTES September 22, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order at 7:30 p.m. by Chairperson Moran. ROLL CALL Present: Chairperson Moran, Commissioners Asfour, Jacobs, Murakami and Wolfe, Commissioner Caldwell (arrived at 7:48 p.m.) Absent: None Chairperson Moran noted that Commissioner Caldwell had indicated that she would be late for the meeting. Planner Walgren noted for the record the presence of City Attorney Riback. Planner Walgren also announced that Community Development Director Curtis would be joining the meeting in a few minutes. PLEDGE OF ALLEGIANCE MINUTES Chairperson Moran explained that Commissioner Caldwell had requested that the consideration of the minutes be postponed until her arrival. ORAL COMMUNICATIONS There were r~o oral communications. REPORT OF POSTING AGENDA Pursuant to c~;overnment Code 54954.2, the agenda for this meeting was properly posted on September 17, 1993. ~ s Planning Commission Minutes Meeting of September 22, 1993 Page 2 TECHNICAL CORRECTIONS TO PACKET Planner Walgren had the following technical correction to the packet: Item #9 - DR-93-029 -GTE Mobilnet/Cellular One -Page 2 of the cover staff memo, 3rd paragraph under the heading Design Review Discussion, 2nd line the word "minimum" should be deleted and replaced with the word "maximum". PUBLIC HEARING CONSENT CALENDAR 1. UP-93-005 - Valiancy; 12580 Paseo Cerro, request for Use V-93-016 - Permit approval to convert an existing 740 sq. ft. carport that is within the required rear yard into a fully enclosed garage and shope and change the flat roof to a pitched roof per Chapter 15 of the City Code. The applicant is also requesting Variance approval since the structure is located within the required side yard. The subject property is approximately 10,720 sq. ft. and is located within an R-1-10,000 zone district (cont. to 10/27/93 at the request of the applicant; application expires 1 /20/94). ASFOUR/WOLFE MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. PASSED 5-0 PUBLIC HEARINGS 2. DR-93-003 - Tam; 20800 Boyce Ln., request for Design Review approval to construct a 1,158 sq. ft. first floor addition and a 1,135 sq. ft. second story addition to an existing 2,081 sq. ft. single story residence per Chapter 15 of the City Code. The net gain of floor area on site will be 1,453 sq. ft. due to the demolition of a detached garage and storage shed. The subject property is approximately 24,700 sq. ft. and is located within an R-1-12,500 zone district (cont. from 9/8/93; application expires 9/30/93). Planner Walgren presented the Report dated September 22, 1993. CHAIRPERSON MORAN RE-OPENED THE PUBLIC HEARING AT 7:35 P.M. • • Planning Commission Minutes Meeting of September 22, 1993 Page 3 Chairperson Moran explained that she and Commissioner Asfour, who were absent at the first public hearing on this item, had reviewed the application and the minutes on this application. She stated that there would be no need to reiterate information given at the last public hearing. Mr. Tam, applicant, spoke in favor of the project, gave a brief background on various application and outlined the modifications such as decrease in the height, increase of the second story setback along the north elevation, elimination of the tower-like entrance, reduction of roof area visible from the street, and the change of the roofing material and colors to a more compatible choice. He submitted a picture board to depict the existing landscape screening on the site and the existing 2-story homes in the neighborhood. He also presented a map transparency of the area and noted the existence and location of 25 two-story homes in the neighborhood. Eileen Lu, 20780 Boyce Lane, stated that she was present to represent the neighborhood. She spoke in favor of the application and stated that the proposed design would beautify the area. She stated that she did not feel the proposed design should be discriminated against just because of its two-story element. She noted that the proposal meets the City codes and urged the Commission to approve the application. There was no one else wishing to speak. ASFOUR/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. PASSED 5-0. Community Development Director Curtis joined the meeting at 7:45 p.m. Commissioner Asfour thanked the applicant for being patient and taking the time to modify the original design. Commissioner Asfour stated that his original concerns had been taken care of and he could now support the application. Chairperson Moran also thanked the applicant for taking the time to re-design the house, but noted that she could not make the findings relative to mass and bulk of the house based primarily on its location on the lot and the lot's location in the neighborhood. She expressed concern with the appearance of mass and overbuilding in this location of the neighborhood. Chairperson Moran stated that she sensed that the application would be approved by the Commission and expressed a desire for the Commission to take action quickly since the applicant been previously delayed. • • Planning Commission Minutes Meeting of September 22, 1993 Page 4 WOLFE/MURAKAMI MOVED TO APPROVE DR-93-003 PER THE STAFF RECOMMENDATIONS. Commissioner Wolfe stated that he was satisfied that the design would be adequate for the neighborhood. Commissioner Murakami noted that he also was satisfied with the design. Chairperson Moran asked that the Commission consider the color and suggested that the proposed color of the house be changed or reduced in tone. She noted that she felt the color was very light and asked the other commissioners if they had a chance to review the color board. Commissioners Wolfe and Murakami stated that they had no problem with the proposed color. THE MOTION PASSED 3-2 (MORAN AND JACOBS OPPOSED). Chairperson Moran noted Commissioner Caldwell's arrival at 7:48 p.m. Chairperson Moran inquired if Commissioner Caldwell was ready to review the minutes. Commissioner Caldwell indicated that she was ready. MINUTES ~.. Minutes of the meeting of September 8, 1993. Commissioner Jacobs had the following correction: Page 6, second to the last paragraph, second line, the word "requires" should be deleted and the word "permits" should be inserted. Commissioner Caldwell inquired about the 1st paragraph following the 2nd motion on Page 5 of the September 8th minutes. There was discussion regarding this paragraph (found below), but no change was made to this section of the minutes. Commissioner Caldwell had the following correction: Page 11, 5th paragraph, first line, the words "Chiquita Court" should be deleted and "a portion of Parker Ranch and the Wong property" should be inserted. ~ s Planning Commission Minutes Meeting of September 22, 1993 Page 5 Page 11, 5th paragraph, 2nd line "Chiquita Court" should be deleted and replaced with "these properties". CALDWELL/JACOBS MOVED TO APPROVE THE MINUTES OF SEPTEMBER 8, 1993, AS AMENDED (ABOVE). PASSED 4-0-2 (MORAN AND ASFOUR ABSTAINED). Commissioner Caldwell inquired about the 1st paragraph after the 2nd motion on Page 5 of the September 8, 1993, minutes. She noted that she was under the understanding that the original tentative map (SD-90-010) did not include building envelopes. She questioned the accuracy of the paragraph. Planner Walgren clarified that the original tentative map did depict building envelopes and that during the public hearing regarding the subdivision approval extension - SD-90-010.1 there was uncertainty whether the building envelopes appeared on the map. Planner Walgren further explained that toward the end of the September 8th public hearing on the extension request he discovered and announced that the building envelopes were present on the tentative map that was submitted with the original application and that the map was available for review by any interested party. Planner Walgren explained that the original subdivision materials submitted to the City contained a map of the lots with the building envelopes depicted and this map is available for review to those interested. Commissioner Caldwell inquired of the City Attorney how this clarification should be handled with regard to the minutes. City Attorney Riback stated that a paragraph should appear in the minutes of the September 22, 1993 reflecting meeting the comments made by Commissioner Caldwell and Planner Walgren and clarifying that the building envelopes are depicted on the map submitted for the original tentative map (SD-90-010) review. PUBLIC HEARINGS 3. DR-92-013 - Reliance Loan Co.; 20620 Sigal Dr., request V-93-022 -for Design Review approval to construct a 4,327 sq. ft. two-story residence on a vacant 1.6 acre hillside parcel. Variance approval is necessary to allow the 5 ft. tall retaining walls to be located within a required front yard setback. The subject property is accessed via a private road easement off Sigal Dr. and is located within an R-1-40,000 zoning district (cont. from 9/8/93 public hearing at the request of the applicant; application expires 2/27/94). • Planning Commission Minutes Meeting of September 22, 1993 Page 6 Planner Walgren presented the report dated September 22, 1993. He also answered questions from the Commission with regard to the application and presented the color board. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 5:00 P.M. Scott Cunningham, project designer, spoke in favor of the application. He discussed such issues as the existing vegetation, the topography of the site and the proposed design. He stated that the proposed house would not have any impact on surrounding properties. He explained that an effective 3-foot retaining wall would be difficult to achieve because of the sites terrain and topography. He stated that with regard to the proposed 5-foot retaining wall a variance would be unavoidable. He also noted that part of the proposed grading/earth moving had to do with stabilizing the site. He noted that geologists had been consulted with regard to the project, the grading and its effect on neighboring properties specifically their pools and pool equipment. Mr. Cunningham explained that the proposed house will step down the hill and have different levels in order to minimize any perception of mass and bulk. He stated that additional landscaping would be added and he discussed the proposed roof materials and exterior colors. With regard to the Floor area regulations, Mr Cunningham pointed out that the proposed structure would be below the allowed floor area. He answered questions from the Commission and noted that the project's geologist was also present to answer any questions. Mrs. Knoll, expressed concern with regard to the proposed earth moving and its potential effect on her pool. She stated that she had sent a letter expressing this concern. She also requested that additional landscape screening be added along the driveway/access road. Commissioner Caldwell inquired about the letter Mrs. Knoll spoke of. Community Development Director Curtis and Planner Walgren explained that the City had received a copy of the letter from Mrs Knoll's attorney which was addressed to the 20620 Sigal Drive property owner and his engineer and that the letter had been placed in this application's file. Chairperson Moran asked Mrs. Knoll if she had reviewed the landscape plan. Mrs. Knoll stated that she had not. Planner Walgren showed Mrs. Knoll the proposed landscape plan. Mrs. Knoll stated that she would still like additional landscaping installed along the access road specifically the area closest to the rear of her property. • • Planning Commission Minutes Meeting of September 22, 1993 Page 7 Planner Walgren clarified that this area which Mrs. Knoll referred begins at Tree #10 and continues up to where the pool decking begins. Mr. Fipps stated that the proposed project would not be visible from his property and that he has no objections to the proposal. He stated that in reviewing the plans he found the site to be fundamentally difficult and noted that atwo-story house on such a ridge may be questionable. He stated that the proposed design, size and height may be too much for the site. He also inquired about fire safety with regard to the long access road. There was no one else wishing to speak. JACOBS/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. PASSED 6-0. In response to Chairperson Moran's inquiry, Planner Walgren reported that the access road was approximately 300 feet long and that the Fire District had reviewed the plans and found them to be acceptable with the conditions as outlined in the staff report. Commissioner Wolfe noted that because of the limited building envelope of the site a two-story design may be the only way in which a home of an acceptable size can be built on the site. He also noted that the design would not adversely impact views from surrounding properties and that geotechnical testing had been done with regard to the proposed construction and earthmoving. WOLFE/JACOB MOVED TO APPROVE DR-92-013 & V-93-022. Commissioner Caldwell referred to the letter written by the neighbor with regard to any potential damage to her pool as a result of the proposed project. Commissioner Caldwell asked City Attorney Riback if she was correct in understanding that the City would not be held liable for any such damage and that liability would fall on the property owner/applicant. City Attorney Riback indicated that this was correct -liability would not fall onto the City. Commissioner Caldwell suggested that the motion be amended to modify Condition No. 8 to read as follows: "Exterior colors and materials shall be of a medium earthtone as reviewed and approved by the Community Development Director." She noted that the proposed colors were not medium earthtone -especially the siding color. • • Planning Commission Minutes Meeting of September 22, 1993 Page 8 Commissioner Caldwell also suggested that the motion include a condition requiring adcjitional landscape screening along the access road/driveway between tree #10 and tree #26. THE ABOVE AMENDMENTS WERE ACCEPTED BY BOTH THE MAKER ANL~ THE SECONDER OF THE MOTION. Commissioner Jacobs stated that he could support the application. He explained that having seen the site he feels that the nature of the site partly ameliorates the problem of bulk by virtual effect that the house to a large degree steps down the hill. Secondly, he noted that he feels the size of the house is not really anegative -being about 4200 square feet -helps to some degree to minimize the bulk. He also stated that he did not think the house would be visible from or intrusive to the area despite the fact that the proposed house will have a view of most of the valley from its second level. He expressed agreement with Commissioner Wolfe's comment regarding the limited building area and a two story design on the site. He stated that atwo-story house would probably be the only practical way to develop the site. Commissioner Asfour concurred with the comments made by Commissioner Jacobs and stated that he could support the application. Commissioner Asfour expressed appreciation for the points made by Mr. Fipps, but explained that because of the limited building area on the site he feels, as Commissioner Jacobs and Wolfe, that a two-story design may be the only practical way to develop the site. Commissioner Murakami stated that his only concern had been fire safety. He stated that this concern had been addressed and fie could support the application. Chairperson Moran stated that she could support the application and feels that the design will work well on the site. She stated that she feels the building materials and exterior colors are important to the design and expressed hope that the approved colors/materials would not be changed some time in the future. THE MOTION PASSED 6-0. 4. DR-93-026 - Bean; 14648 Via De Marcos, request for Design V-93-017 - Review approval to construct a 5,620 sq. ft. single story residence on a vacant 1.3 acre hillside parcel pursuant to Chapter 15 of the City Code and the subdivision Tentative Map conditions of approval. Variance approval is also necessary to allow the structure to be located within a required front yard setback. The subject property is Lot #24 of the San Marcos Heights Subdivision and is located within an R-1-40,000 zone district. ------------------------------------------------------------ t. • Planning Commission Minutes Meeting of September 22, 1993 Page 9 Planner Walgren presented the Report dated September 22, 1993. Commissioner Caldwell noted that a number of the street trees in the development had either died or were in poor condition. She stated that she would like to discuss this issue later in the meeting under Commission Items. THE PUBLIC HEARING WAS OPENED AT 8:25 P.M. BY CHAIRPERSON MORAN. William Bean, applicant, spoke in favor of the application and offered to answer question with regard to the project. There was no one else wishing to speak. AT 8:29 P.M., CALDWELL/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0. JACOBS/MURAKAMI MOVED TO APPROVE DR-93-026 & V-93-017. Commissioner Caldwell asked if the applicant would consider using a darker color considering the prominence of the site. She also commended the applicant for keeping the height of the structure down. ASFOUR/JACOBS MOVED TO RE-OPEN THE PUBLIC HEARING AT 8:30 P.M. TO ALLOW THE APPLICANT TO RESPOND TO COMMISSIONER CALDWELL'S QUESTION REGARDING EXTERIOR COLORS. PASSED 6-0. Mr. Bean, applicant, stated that he did not feel that the proposed color was too light. He noted that this color had been use on other homes and that it is actually much darker on a home than it seems judging by the paint chip sample. He expressed a preference for the proposed color. JACOBS/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:30 P.M. PASSED 6-0. Chairperson Moran stated that she found the proposed color to be acceptable. Commissioner Caldwell expressed her desire for a darker color. Commissioner Jacobs suggested that a condition be added or modified which would allow the applicant to work with staff with regard to the trim color and that the color of the trim be approved by the Community Development Director. ~ • Planning Commission Minutes Meeting of September 22, 1993 Page 10 Commissioner Caldwell stated that she was not concerned with the color of the trim. She stated that it is the color of the stucco that she feels should be darker. Commissioners Jacobs and Murakami, the maker and seconder of the motion to approve the applications, stated that they did not have a problem with the color proposed. Commissioner Wolfe stated that he felt that the design was excellent and pointed out to the Commission the design element which steps the house down the hill with the natural topography for the purpose of minimizing the structure's appearance of mass and bulk. Community Development Director Curtis asked if the motion had been amended to include a condition for a darker exterior color. Chairperson Moran and Commissioner Jacobs clarified that the motion had not been amended and that the motion was for approval of DR-93-026 & V-93-017 per the recommendations of the staff report. THE MOTION PASSED 6-0. 5. S-93-008 - Yam; 22010 Villa Oaks Ln., request for Site Modification approval to construct a pool, a pool pavilion and equipment enclosure, storage shed, and associated decking pursuant to Chapter 14 of the City Code and a Design Review condition of approval. The subject property is approximately 1.5 acres and is within an HR zone district. Planner Walgren presented the report dated September 22, 1993. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 8:35 P.M. Frank Ho, project architect, spoke in favor of the application and concurred with the recommendation made in the staff report. He also answered questions from the Commission with regard to the project. There was no one else wishing to speak. ASFOUR/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:37 P.M. PASSED 6-0. ASFOUR/WOLFE MOVED TO APPROVE S-93-008 PER THE STAFF REPORT. A • Planning Commission Minutes Meeting of September 22, 1993 Page 11 Chairperson Moran stated that she thought that the site was a very sensitive site and that Mr. Ho has done an excellent job in putting in all the improvements the applicant has wanted. She stated that she could support the application. THE MOTION PASSED 6-0. 6. DR-93-025 - Gochnauer; 15425 Monte Vista Dr., Lot #3, request for Design Review approval to construct a new 5,966 sq. ft. single story residence and a pool and associated decking per Chapter 15 of the City Code. The subject property is approximately 45,260 sq. ft. and is located within an R-1-40,000 zone district. Planner Walgren presented the Report dated September 22, 1993. He noted that he did not have the materials/color board, but that the colors were called out on Page 4 of the plans. Chairperson Moran asked Planner Walgren about the length of the house. Planner Walgren indicated that he would measure the length and let her know that measurement. Commissioner Jacobs stated that he also had a question about the length until he looked at Page 3 of Exhibit "A" the aerial view. There was some discussion regarding the length of the house. Chairperson Moran stated that the house was approximately 93 feet plus the length of the garage. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 8:45 P.M. Jerry Lohr, representing the applicant, spoke in favor of the application. He noted that a color board had been submitted and should be with the file. Mr. Lohr explained that the house was designed to sit on the lot at an angle and that the garage would not be visible from the street. CALDWELL/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. PASSED 4-0 CALDWELL/MURAKAMI MOVED TO APPROVE DR-93-025 AS RECOMMENDED IN THE STAFF REPORT. Commissioner Caldwell stated that she could support the application and that she found the design to be compatible with the neighborhood. THE MOTION PASSED 6-0. • • Planning Commission Minutes Meeting of September 22, 1993 ~P 1? 7. UP-92-008.1 - Baker; 14700 Oak St., request to modify a DR-93-002.1 - previous Use Permit and Design Review application in order to increase the height of a detached garage from 12 feet to 14 feet and to relocate the existing house approximately 5 feet away from the garage per Chapter 15 of the City Code. The parcel is approximately 14,326 sq. ft. and is located within an R-1-10,000 zone district. The Report dated September 22, 1993 was presented to the Commission by Planner Walgren. Planner walgren also answered general questions with regard to the project. AT 8:48 P.M., CHAIRPERSON MORAN OPENED THE PUBLIC HEARING. Howard Baker, applicant, spoke in favor of the application. He explained his preference for the "farmhouse" look. He explained how the proposed design would allow him to modify the garage to create abarn-like appearance which he feels would be more compatible with the existing main structure. There was no one else wishing to speak. AT 8:49 P.M., WOLFE/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0. Commissioner Wolfe stated that he felt the proposed height and design were reasonable requests and would enhance the appearance of the property. WOLFE/JACOBS MOVED TO APPROVE UP-92-008.1 AND DR-93-002.1. Chairperson Moran expressed her support for the applications and explained that she thought the request was reasonable and would improve the overall look of the property. THE MOTION PASSED 6-0. At 8:50 p.m., Chairperson Moran announced that the Commission would take a 10 minute recess. • • Planning Commission Minutes Meeting of September 22, 1993 Page 13 Community Development Director Curtis announced that the newly appointed Planning Commissioner, Marcia Kaplan, was in the audience and the Commissioners may want to take the opportunity (during the recess) to meet her. The Director also reported that Ms. Kaplan would be sworn in at the October 6, 1993 City Council meeting. At 9:02 p.m. Chairperson Moran reconvened the meeting. 8. LL-93-005 - Wilk; 13519 Old Oak Way, request for Lot Line DR-93-033 - Adjustment approval to transfer equal amounts V-93-015 - of land between two parcels per Chapter 14 of the City Code. The request also involves Design Review approval to add 1,937 sq. ft. of floor area to an existing 2,423 sq. ft. two-story residence and Variance approval to allow the additions to' retain a maximum 17.5 ft. front yard setback where 30 ft. is required and to locate two of the additions on slopes greater than 40% per Chapter 15 of the City Code. The parcel size is approximately 1.3 acres and is located within the Hillside Residential (HR) zone district. ------------------------------------------------------------- Planner Walgren presented the Report dated September 22, 1993, and answered questions from the Commission with regard to the project. With regard to the staff recommendation to conduct boring tests on Trees No. 5 and 4, Commissioner Caldwell asked for clarification from the staff with regard to what kind of procedure would be followed dependant upon the test results. Planner Walgren explained that the applicant had originally mark the trees for preservation, but upon the City arborist's examination of the trees and the impact the proposed development may have on them, it was determined that at least one of the trees could potentially have extensive decay and pose a safety hazard. He further explained that staff has added a condition requiring boring tests to be conducted prior to issuance of a building permit and if the trees measure up to a reasonable health the trees will be preserved according to the plan. However, if the tress are in poor condition they will be permitted to be removed. Planner Walgren clarified that the arborist was particularly concerned about Tree #4. Commissioner Caldwell inquired whether any consideration had been given to replacement value of the trees. Planner Walgren stated that he did not think a replacement value had been called out based on the fact that the site is so heavily wooded. • ~ Planning Commission Minutes Meeting of September 22, 1993 Page 14 Commissioner Caldwell commented that this may be a good candidate for off-site replacement. AT 9:07 P.M. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING. Steve Wilk, applicant spoke in favor of the application. He explained that the home was originally designed and built around Trees #4 & 5. He noted that piers had been used in the construction of the home, but since its original construction the piers have sagged and have caused foundation problems to the home. Mr. Wilk reported that he had consulted structural engineers who had advised him to install additional piers to support the house. He further reported that the area in which the piers need to be installed is in close proximity to the trees and would have an adverse effect on them. He also stated that in order to get the necessary equipment to his house, Tree # 4 would need to be removed. With regard to Tree #5, Mr Wilk explained that this tree was also posing damage to his home and may be affected by the proposed construction. He urged the Commission to allow him to remove both trees if necessary. Mr. Wilk also gave a brief presentation on the proposed remodel of his home. Commissioner Caldwell asked Mr. Wilk if he would be opposed to off-site replacement of the two oak trees should their removal be necessary. After clarification of Commissioner Caldwell's question, Mr. Wilk stated that he would not be opposed to a condition requiring off-site replacement of the trees. Mr. Wilk, in response to Chairperson Moran's question, indicated that the proposed design had been made in hopes of retaining Tree # 5 and that he (Mr. Wilk) would like to try to preserve it. Chairperson Moran asked Mr. Wilk if he would be opposed to a darker exterior color than that proposed. Mr. Wilk indicated his preference for the color proposed. He noted that the color may look light on the color chip, but that it is actually a dark beige. Terry, 13492 Old Oak way, stated that as a neighbor who would be looking at the house he was happy with the proposed color. He noted that the Commission tends to lean toward darker tone colors and he feels darker colors are not always better. Commissioner Caldwell inquired about a letter received from the neighbors with regard to construction hours. • • Planning Commission Minutes Meeting of September 22, 1993 Page 15 Planner Walgren noted that a letter had also been received by Warren Anderson expressing concern with whether the project had received geotechnical review and also requesting that no work (construction) take place before 8:00 a.m. Terry, 13492 Old Oak Way stated that 8:00 a.m. had been the standard (starting time) in that area, but that the Cocciardi projects had trucks coming to the construction site as early as 6:30 or 7:00 a.m. Planner Walgren stated that the ordinance allowed construction activity from 7:30 a.m. to 6:00 p.m. Sunday through Saturday so long as the noise at 25 feet away from the property does not exceed 83 dBA. SINCE THERE WAS NO ONE ELSE WISHING TO SPEAK, ASFOUR/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. Commissioner Caldwell noted that the City Council had encouraged an off-site tree replacement program and she asked staff and City Attorney Riback if the Planning Commission could attach a condition requiring the applicant to participate in an off-site tree replacement program. City Attorney Riback explained that the Commission could condition an off-site tree replacement based on the valuation of those trees removed. He also advised the Commission to include language in such a condition that would describe the how and where of such replacement. He explained that it may be more appropriate to require a security (equal to the value of the trees) be set aside for tree replacement. He noted that since there is no current policy the Commission may also want to specify the applicants participation based the City enacting such a policy prior to the project's final inspection. Commissioner Wolfe inquired with what the applicant would be required to replace the trees. Planner Walgren explained that the arborist would assist the City with establishing a replacement or monetary value. Commissioner Wolfe stated that the applicant seems to suffer 3 times with regard to this procedure - 1) the tree removal cost; 2) the assessment of the replacement value; and 3) the cost of the new replacement tree. Planner Walgren explained that the homeowner would be subject to either the replacement value or the cost of the new replacement tree. • • Planning Commission Minutes Meeting of Page 16 Commissioner Asfour spoke in favor of simplifying the process, skip boring test for tree # 4 and allowing the applicant to remove the tree for the reasons that the tree is not in good health and is damaging the home. Chairperson Moran inquired about the length of the home. Planner Walgren reported that the house is 107 feet long. Chairperson Moran expressed concern with regard to the proposed color of the home and stated that she felt the home would fit in better amongst all the trees if the home were to be a darker color. Commissioner Jacobs concurred with Commissioner Asfour's comments regarding Tree #4 and supported his suggestion to simply allow the applicant to remove the tree. Commissioner Jacobs expressed support for the preservation of Tree #5. Commission Jacobs also stated that he has no problems with the proposed changes to the entry way and explained that the changes may help to visually break up the large flat elevation of the house. He noted that the encroachment of this addition would not cause adverse impacts. CALDWELL/JACOBS MOVED TO APPROVE V-93-015. Commissioner Caldwell explained that she is generally not enthusiastic about approving structures on slopes of this magnitude, but since this is an existing site and residence and since there are extenuating physical circumstances/features to this property, as discussed in the staff report, variance findings could be made to support this application. Chairperson Moran stated that she thought that this site presented very unusual circumstances that warrant a variance for further expansion. She noted the many topographical constraints presented to the homeowner who wishes to increase the size of the house. She expressed her hope that this does not signal enthusiasm of the Commission for development on lots of similar slope. Commissioner Jacobs inquired if the motion to approve the variance would allow for the addition of the entryway and if he maker of the motion would be willing to amend the motion so as to modify Condition #3 to allow the entryway design as proposed. Community Development Director Curtis pointed out that Condition #3 to which Commissioner Jacobs referred is actually in the Design Review Resolution and that the Variance resolution only refers to the design review conditions. He noted that this Condition( No. 3) would need to be modified in the design review resolution. • • Planning Commission Minutes Meeting of September 22, 1993 Page 17 Commissioner Jacobs acknowledged this explanation and withdrew his request. THE MOTION PASSED 6-0. Commissioner Asfour expressed concern with the proposed front/entryway addition and its close proximity to one of the Redwood trees. Chairperson Moran stated that although she agreed with Commissioner Jacobs with regard to the entryway remodel and function as a visual break to the elevation, she is in support of Condition #3 (in the design Review Resolution) and feels that a redesign on paper where the entryway would not encroach any further would be beneficial. CALDWELL/ASFOUR MOVED APPROVAL OF DR-93-033 WITH THE FOLLOWING MODIFICATIONS: MODIFY CONDITION #7 TO REQUIRE THAT THE EXTERIOR COLORS BE A MEDIUM EARTHTONE - A LITTLE DARKER THAN THE COLOR PROPOSED -STUCCO FINISH AND TRIM, REDWOOD DECKING AND BROWN COLORED TILE AS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR. MODIFY CONDITION 96 TO CONTAIN LANGUAGE REQUIRING THE APPLICANT TO PROVIDE FOR OFF-SITE REPLACEMENT OF EITHER OR BOTH TREES #4 AND 5 IF REMOVED PER DIRECTOR APPROVAL BASED ON THE CITY ARBORIST'S RECOMMENDATION PROVIDED THAT A POLICY FOR OFF-SITE TREE REPLACEMENT IS DEVELOPED BY THE CITY PRIOR TO FINAL OCCUPANCY OF THE PROJECT. TREE #4 MAY BE REMOVED WITHOUT A BORING TEST. THE MOTION PASSED 6-0. CALDWELL/JACOBS MOVED TO APPROVE LL-93-005 PER THE STAFF REPORT. THE MOTION PASSED 6-0. 9. DR-93-029 - GTE Mobilnet/Cellular One; 14471 Big Basin Way, request for Design Review approval to install two cellular transmission arrays, consisting of 18 individual antennas, on the roof of an existing structure in the Commercial Historical (CH) zone district per Chapter 15 of the City Code. A Negative Declaration has been prepared for this project in accordance with the provision of the California Environmental Quality Act. • • Planning Commission Minutes Meeting of September 22, 1993 Page 18 Community Development Director Curtis presented the Report dated September 22, 1993. He also answered general questions with regard to the project and noted that the City had received a number of letters, many from local real estate agents, attesting to the need for better telecommunications in Saratoga. He also stated that no letters of opposition were received. Commissioner Caldwell inquired if the City had received any letters from the applicants expressing a need for better telecommunications within Saratoga. The Director stated that no letters had been received from the applicants. Commissioner Wolfe stated that the application for such additional telecommunication antennas could serve as the applicants' expression of need for better telecommunications within Saratoga. Commissioner Wolfe also reiterated a point made by the Director in the Staff Report that this application had been submitted jointly by two competitive telecommunications companies seeking to improve the service they provide. Community Development Director Curtis explained that technically the application is for two different types of devices that would be placed at one location. Commissioner Asfour stated that he was unable to use his Cellular phone within the Saratoga area. Commissioner Jacobs inquired if the Commission could approve the application with a condition that would require the applicant to replace the original devices with newer devices should technological advances produce less intrusive equipment. City Attorney Riback explained that the Commission could condition the approval in a way to allow the application to be called up by the Commission to review more advanced equipment. At that time, Attorney Riback explained, the Commission could decide whether to require installation of newer equipment. Commissioner Caldwell stated that she appreciated staff's investigation into potential health hazards associated with such antennas. She inquired as to the action the City could take should a health issue arise or proof of associated health hazards be found. She also asked if there was any action that could be taken if and/or when the application is approved that would protect the City in such a situation. City Attorney Riback explained that if health, safety or welfare concerns associated with this use arise the City can call up the application for review. • • Planning Commission Minutes Meeting of September 22, 1993 Page 19 Chairperson Moran asked about the length of time the specimen antennas have been in place, if the sampling matched in number, color, amount of wiring and etc. as the proposed, and about the number and nature of any complaints or comments received regarding the replica antennas. Community Development Director Curtis explained that the antennas have been up since July and do accurately represent the proposed project. He stated that he had talked to 3 or 4 people when they (the antennas) first went up and most people knew the purpose of the antennas. He mentioned that most of the people were village merchants. Chairperson Moran inquired if the applicant had indicated whether a smaller or less intrusive version of the antennas might be used at this location if the application is not approved. Director Curtis stated that this question should be directed to the applicant. He stated that he had asked the applicants if the antennas could be brought closer together which would allow for the antennas, from a design stand point, to somehow be at least partially screened. He explained that the applicant had responded by explaining that the antennas needed to be spaced as they are now in order to be effective. Chairperson Moran inquired about the process should this application be approved and the antennas do not quite do the job. Director Curtis explained that it is the Commission's responsibility to review the application from a Design stand point and let the applicant deal with the antennas from a functional point of view. He stated that should the antennas prove to be insufficient and need to be modified, a new review would need to take place and the applicant may possibly need to seek a variance pertaining to the height. Chairperson Moran acknowledged receipt of a letter from Mr. Amezcua expressing concerning regarding screening the antennas from his coffee shop patrons. She asked if staff's understanding of Mr. Amezcua's concern, based on his letter and discussions, had to do with aesthetics/design purposes or for health concerns. Director Curtis indicated that this was his understanding of Mr. Amezcua's reasons for requesting screening. He stated that staff has accepted the technical information that screening was not necessary to reduce any kind of affect from the antennas. Screening was only looked at for the purpose of hiding the antennas. He explained that staff was of the opinion that the proposed antenna would not have a substantial environmental impact that would warrant some type of screening device. • • Planning Commission Minutes Meeting of September 22, 1993 Page 20 Commissioner Murakami asked how the applicants came to choose the subject site. Community Director Curtis stated that he was unsure and advised Commissioner Murakami to direct his question toward the applicants. Commissioner Caldwell stated that she understood Mr. Amezcua's concern as expressed in his letter, to be relative to his customers perceived health concerns pertaining to the antennas. She pointed out that the Coffee Exchange is one of the anchor businesses in the Village area. She noted that the Commission has tried, in the past, to protect neighbors from all sorts of things and since this structure will be located in the Village area which is upon economic straights, she wondered if staff had given some consideration to this point with regard to requiring screening of the antennas. The Director explained that staff had given consideration to this fact and noted that if the City tried to screen specific users the City may need to go around the entire Village to make sure the project is screened from all businesses and sites. Commissioner Jacobs stated that he felt the letter was pretty clear in indicating that screening of the antennas for aesthetic reason would not be enough and that Mr. Amezcua was concerned with potential EAR transmissions. The Director explained that his discussions with Mr. Amezcua indicated that his (Mr. Amezcua's) concern had to do with the perception of his customers. Director Curtis explained that based on the information submitted it is not necessary to do screen the antennas for health reasons. The Director stated that his concern is that the City would be requested to require screening such as trellises or patio covers throughout the Village and that the City would be put in a position of expo facto conditioning trellises and patios. He asked where would the line be drawn with respect to this situation. Commissioner Caldwell explained that typically with design review applications neighbors are noticed and any (neighbors) with concerns come down to voice the concerns and the Commission tries to work with both the applicants and the neighbors. She further stated that the Commission tries to condition approvals to ensure minimization of impact to the neighbors, but that the Commission does not generally go out of its way to require extraordinary protection for everyone in the neighborhood especially if they (the neighbors) have not voiced concern with the project. She stated that the Commission usually takes into consideration the concerns expressed (either verbally or written), the Commission then tries to mitigate those concerns, adopts a resolution and that is usually the end of the matter. She stated that she did not understand the Director's analogy with regard to the screening requested by Mr. Amezcua. ;; • Planning Commission Minutes Meeting of September 22, 1993 Page 21 Director Curtis stated that this application is before the Commission for their review and that he (Curtis) in his explanation (above) was only anticipating someone else asking why wasn't screening provided for them/their property. He stated that staff does not feel the unscreened antennas (He noted that only about a half dozen are visible from Big Basin Way) are inappropriate otherwise the recommendation would have been for denial. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 10:00 P.M. Mike Mangiantini, Bay Area Cellular One Telephone Company, provided background information on the project. He noted that this application was a combined effort of two companies -Cellular One and GTE Mobilnet - to provide better telecommunications in the Saratoga area. He explained that the companies have to meet certain FCC regulations. He further explained that the applicants have tried to be sensitive to the City's design standards and its setting. He noted that the applicants have put forth much effort in locating an appropriate site for the antennas. He explained that roof-top antennas (as the one proposed) tend to work well in a village setting as opposed to introducing afree-standing antenna. Megan Matthews, representing GTE Mobilnet, co-applicant, spoke in favor of the project. She outlined the details of the project with regard to the subject site and the construction. She explained that there would be a 30-day construction time line, no new or additional lot coverage, no grading, no noise impacts, no interterence with other communications such as radio, television computers and etc. She stated that the antennas would be unmanned, except for 2- 3 maintenance trips per month. She presented a visual display and reported that the antennas would be visible from only 5 sites within the village area. Commissioner Asfour stated that he understood that the antennas' effectiveness had to do with the line of site to users. He asked how these antennas could be effective if there is a limited line of sight. Drew Davis, GTE Mobilnet radio engineer, stated that the service in the area would be restricted because of the limited line of sight, but that the service which the antennas will provide to the area would be sufficient. He noted that the applicants had to provide service to their customers,but at the same time work within the City's design criteria. Commissioner Murakami inquired about the necessary power hook-up. Mr. Davis stated that the antennas would run off of a regular 220 power supply. 1l ~ • • Planning Commission Minutes Meeting of September 22, 1993 Page 22 Commissioner Caldwell inquired about the events that have taken place since the original application, its subsequent denial and the current proposal that consists of much less intrusive devices. She wondered if there are currently device even less intrusive than that proposed. Drew Davis, explained that the original proposal was for a more powertul device. he explained that because of the customer demand for service in this area the companies were forced to take action to provide some kind of service. He further explained that the service that would be provided by the proposed antennas would not be considered "ideal", but that it was better than no service to the area at all. He explained that both companies are public communication services and are required to meet certain standards. In response to a question from the Commission, Mr. Davis stated that should this proposal not work up to the expectation they (the companies) may look to other smaller units in other locations. However, he stated, the companies were confident that this project would be sufficient to serve the intended area. With regard to the site selection, Mr. Davis explained that the proposed site is the most central and feasible site that would fit in with the existing telecommunications network pattern. David Hatch, Cellular One Real Estate Manager, presented transparencies depicting the telecommunication coverage plot/pattern. He explained the ideal cellular service pattern and compared it to the current telecommunication service/pattern in the Saratoga area. He pointed out that Saratoga is one of the three most problem areas of the entire telecommunication network. An assistant engineer for Cellular One also assisted in explaining the transparencies to the Commission. Dr Polson, 18985 Tuggle Avenue, noted his report included in the staff report which indicates that there are no hazards to human health emitted from the proposed devices. He also offered to answer questions from the Commission. Peggy Owatha, representing GTE Mobilnet, spoke in favor of the application, provided project background and discussed such issues as zoning restrictions, the original application and design criteria. She stated that Saratoga is in dire need of cellular coverage so much so that two competitive companies have come together in the application to establish a shared site for their available devices. She stated that these companies are required to meet certain FCC and California Utilities standards. She stated that she feels this is the best possible project (of this nature) that the Commission will see in the village area. She stated that this proposal will provide a great service to the community. In response the Commission with regard to the action the companies would take if the project does not meet the needs of the community, the speaker explained that the companies may need to seek another sight and come back before the Commission. • ~ Planning Commission Minutes Meeting of September 22, 1993 Page 23 Jim Rosenfeld, owner of the building at 14471 Big Basin Way, (14219 Okanogan Drive, spoke in favor of the application. He pointed out that he and Mr. Amezcua have had discussion for the past two years with regard to erecting some type of coverage in the courtyard area. He explained that there is no room for such patio cover or that type of accommodation. He stated that he felt Mr. Amezcua was using this proposal as an opportunity to have this patio cover. Mr. Rosenfeld stated that the patio area is only 20 feet wide and such a trellis structure would impact the property site line. He also noted that 5 feet up is the next patio level and a such a patio cover would be infeasible and an obstruction to the other patio. He also explained the there are three other tenants in the building and that the patio area is common grounds and that any type of structure on the patio are would be unacceptable and would result in his (Mr. Rosenfeld's) approval of this project. He stated that he had no problem with screening at the roof level. Victor Amezcua, owner of International Coffee Exchange, expressed concern with potential adverse health effects that the proposed antennas might have on his customers. He also expressed anxiety with regard to the psychological impact the antennas would have on his clients and how this may adversely affect his business. He stated that if any other merchants were concerned about screening they should come forward and state those concerns. He questioned why only 200 notices were sent out when there is a City population of 30,000. He stated that he had been advised that he could be held liable in the future for the health impacts the antennas may have on his customers. He stated that he does not intend to squelch the project, but would like to have some type screening erected between his business and the antennas. Frank Patten, 12824 Carniel Court, asked how many Commissioner had a cellular phones. He stated that there is a great community need for good phone service. He stated that many people use car phones as a means of business and urged the Commission to approve the application. He invited the Commissioners to use his car phone to demonstrate the poor cellular phone service in the area. Peggy, GTE representative, stated that the applicants had no further comments and urged the Commission to approve the application. ASFOUR/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 10:45 P.M. PASSED 6-0. Commissioner Murakami asked the City Attorney if it was his opinion that Mr. Amezcua could be held liable for health conditions of his customers relative to the proposed antennas and their proximity to his establishment. • • Planning Commission Minutes Meeting of September 22, 1993 Page 24 City Attorney Riback clarified that he was not representative of Mr. Amezcua, but in his (Attorney Riback's) opinion there is insufficient evidence to find Mr. Amezcua liable of any health conditions of his customers relative to the proposed antennas. Commissioner Jacobs stated that he had no problem with regard to the design. With regard to health issues, Commissioner Jacobs stated that he feels that there is no empirical evidence of adverse health effects. He stated that he could support the application with an amendment to the conditions that would allow the Commission to review the use and require installation of newer, smaller or visually less intrusive devices that would provide equal service as made available through technological advances. There was discussion on who should be responsible for tracking and advising the City of available equipment. it was the consensus of the Commission that the applicants take the responsibility of advising the City of newer, less intrusive devises. Commissioner Asfour stated that he had no problem with the application and expressed his preference not to require screening because of the insignificance of the impact on the environment. Commissioner Wolfe stated that there are no riskless technologies, but there are acceptable risks and that he could support the application. He explained that there is currently no evidence of health concerns. With regard to the concerns of Mr. Amezcua, Commissioner Wolfe stated that these are perceived concerns and may or may not be real and may merely disappear. He stated that he felt the patrons of the Coffee exchange would continue to visit the establishment. Chairperson Moran stated that she felt the proposed antennas would be reasonably unobtrusive and the site is an acceptable one for this project. She stated that she could support the application. She suggested that the 3rd "Whereas" in the resolution include the specific number, color and height of the antennas. WOLFE/ASFOUR MOVED TO APPROVE DR-93-029 WITH THE RECOMMENDATION MADE BY CHAIRPERSON MORAN (IMMEDIATELY ABOVE) AND WITH THE FOLLOWING ADDED LANGUAGE: THAT THE CITY RETAIN THE RIGHT TO ASK TO HAVE THE APPLICANT REPLACE THE INSTALLATION IN THE EVENT THAT ANOTHER INSTALLATION THAT IS SMALLER, LESS INTRUSIVE OR SMALLER IN NUMBER THAT PROVIDES EQUAL SERVICE BECOMES AVAILABLE. THE APPLICANT SHALL BE RESPONSIBLE FOR NOTIFYING THE CITY OF THE AVAILABILITY OF SUCH MORE ADVANCED DEVICES. THE MOTION PASSED 6-0. I J ~ ~. • • Planning Commission Minutes Meeting of September 22, 1993 Page 25 DIRECTOR'S ITEMS Community Development Director Curtis went over the following schedule with the Commission: October 5 -Planning Commission Worksession -Director Curtis will be out of town and George White will be staffing the meeting -Housing Element will be the topic of discussion. October 12 - 5:00 p.m. - 9:30 p.m. -Joint Planning Commission/City Council Worksession on the Open Space Element October 13 -Planning Commission Public Hearing October 27 -Planning Commission Public Hearing November 23 (Tuesday) -Planning Commission Public Hearing in place of canceled November 24th Public Hearing. COMMISSION ITEMS 1. DR-92-030 - Masulis; 19881 Braemar -Request to modify the floor area of a previously approved Design Review application. Planner Walgren reported on the proposed modifications. The Commission reviewed and accepted the proposed modifications. 2. DR-91-073 -Tsang; 14689 Sobey Oaks Ct. -Request to modify the grading plan of a previously approved Design Review application. Planner Walgren reported on the proposed modifications. The Commission reviewed and accepted the proposed modifications. The Commission discussed the following: The packet pages were not bait stamped -this stamping is very useful to the Commission. She asked that the staff try include this on all packets. Information on building/structure lengths should be included in the staff reports any time the length exceeds 100 feet. .~ .y. Planning Commission Minutes Meeting of September 22, 1993 Page 26 Some of the street trees in the San Marcos Heights Development have either died or are in poor condition. Planner Walgren stated that he would look into the issue and see. if there was a security posted for replacement of the trees or if the developer would replace them. He noted that there is usually a one year review period which has passed with regard to this project. Chairperson Moran asked staff to respond to Mr. Anderson's letter and inform him of the action taken on the item of his concern and inform him of the City's construction hours/restrictions. Community Development Director Curtis reported on the recent activities of the City Council and Commissioner Jacobs requested that the Commission receive any written comments submitted to the City Council with regard to changes to the Open Space Element be forwarded to the Planning Commission to allow for as much review time as possible. COMMUNICATIONS Written 1. City Council Minutes 9/1/93 and 9/7/93 Oral City Council ADJOURNMENT At 11:15 p.m. Chairperson Moran adjourned the meeting to 7:30 p.m. on October 5, 1993, in the Senior Day Care Center, 19655 Allendale Ave. Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk