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HomeMy WebLinkAbout04-10-1996 Planning Commission minutesi ;. ~ANNING COMMISSION MINUT~ APRIL 10, 1995 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting --------------=------------------------------------------------------------------------ Chairman Murakami called the meeting to order at 7:35 p.m. Roll Call Present: Abshire, Asfour, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Community Development Director Curtis, Planner Dailey (City Attorney Riback was not present this evening) Pledge of Allegiance Planning Commission Chair Appointment Commissioners Patrick/Murakami moved to nominate Commissioner Kaplan as Chair. Commissioners Asfour/Siegfried moved to close the nominations for Chair. COMMISSIONER KAPLAN WAS ELECTED TO SERVE AS CHAIR TO THE PLANNING COMMISSION ON A UNANIMOUS VOTE. Commissioners Asfour/Kaplan moved to nominate Commissioner Patrick as Vice-chair. Commissioners Abshire/Siegfried moved to close the nominations for Vice-chair. COMMISSIONER PATRICK WAS ELECTED AS VICE-CHAIR TO THE PLANNING COMMISSION ON A UNANIMOUS VOTE. Minutes - 3/27/96 COMMISSIONERS ASFOUR/MURAKAMI MOVED TO APPROVE THE MARCH 27, 1996 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 9, paragraph 4, line 3 amended to read: "...Aconcern being that there would be a blind spot attributed to the installation of ~walls~alvttg. SealQn, toahe.,`reax?°<:°vf the ::~chaal:.... .... ..... ..... ....................... - Page 9, paragraph 4, amended to read: "Cindy Rub}~, Saratoga Union School District Board of Trustee, informed the Commission that there are currently 475 students enrolled in the adjacent Footlu~l School and that the school is slated to grow a~~ovn: ~~s sti,uicrits I'roni "C;rccnbriai~'" move ~~~into the.ir~~ new homes ~. She indicated that she has not had the opportunity to ~~review the proposed plans and requested the •;: PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 2 - opportunity to review the plans. A concern being that there would be a blind spot attributed to the installation of a wall along Seaton at tl~e rear~~entranee (t~:the schciol' pray She requested that safety measures be included so that the safety of the children is ensured during construction.... " - Page 9, last paragraph, line 8 amended to read: "...consideredas a collector street. However, it~rt-there 'ts no s~l~~ at.;the intersection with:~:~aratoga/Surcnyvale ~Rt~ac~~~ 'a"v~-ii~izsiairreaa--'~~1~ '' ~ . Based on these reasons.... " - Page 10, last paragraph, second sentence amended to read: "...Heindicated that the neighbors provided:: him th:;:<engh input as far as what is perceived for the future...." - Page 11, paragraph 3, second sentence amended to read: He indicated that he did not have any objects to the eight conditions as proposed by the neighbors with the exception of Condition 4. He stated that he would like to see the developer and the residents get together and develop ^~ ^'~;• ~'^*~^^ --'^^ at least orre more cnnncctor ~trcct . THE MOTION CARRIED 6-0-1 WITH COMMISSIONER SIEGFRIED ABSTAINING. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 5, 1996. Technical Corrections to Packet No corrections were noted. CONSENT CALEI\TDAR PUBLIC HEARIl\TG CONSENT CALENDAR 1. SD-95-004 - STELLA INVESTMENT CO. ; 13485 VILLA OAKS LN. ;Request for Tentative Parcel Map approval to subdivide the 14.7 acre Lot 18 of the "Mt. Eden Estates" subdivision into three individual lots of 6.2, 5.1 and 3.1 acres. The property is located within a Hillside Residential (HR) zoning district. (applicant is requesting a continuance to 6/12/96; City review deadline is 8/21/96) PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 3 - 2. V-96-001 -DIAMOND; 18406 MONTPERE WAY; Request for Variance approval to allow the construction of a 272 sq. ft. first story addition to an existing 2,688 sq. ft. single story residence. The addition would encroach 1.2 ft. into the required side yard setback of 7.2 ft. The subject property is 8,220 sq. ft. in area and is located within an R-1-10,000 zoning district (applicant is requesting a continuance to 4/24/96; City review deadline is 9/12/96). 3. DR-91-033.3, SD-91-003.3 - COCCIARDI; 22631 MT. EDEN RD. Request for a third and final one-year extension of a previously approved Design Review and Building Site approval application to remodel and expand an existing two-story residence with one and two-story additions pursuant to Chapter 15 of the City Code. The proposed residence would have a total square footage of 6,658 sq. ft. The property is approximately 3.2 acres and is located within a Hillside Residential zoning district. 4. SM-94-007 - HARTE; 13967 ALBAR CT.; Request for Site Modification approval to construct a swimming pool with associated hardscape pursuant to Chapter 14 of the City Code and the conditions of the approved Tentative Map. The subject property is approximately 1.37 acres and is within the Hillside Residential (HR) zoning district. COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEMS 1-4 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7-0). PUBLIC HEARINGS 5. DR-96-011 - GURNEE; 18545 VESSING ROAD; Request for Design Review approval to construct a 985 sq. ft. second story addition and balcony to an existing 3,224 sq. ft. single story residence per Chapter 15 of the Ciry Code. The subject property has a net site area of 40,511 sq. ft. and is located within the R-1-40,000 zoning district. Planner Dailey presented the staff report. Chairwoman Kaplan opened this item to public hearing at 7:42 p.m. Tom Gurnee, applicant, stated his concurrence with staff's recommendation. Commissioner Murakami complimented Mr. Gurnee for the design of the second story addition. Karen Louie, 18579 Vessing Road, adjacent neighbor, indicated that the second story addition would be looking directly into two other lots and that the windows located to the rear of the home would be looking into her bedroom, living room and back yard area. . PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 4 - Mr. Gurnee stated that it was his belief that the neighbors' privacy would be preserved as it would be difficult to look out of the proposed windows. COMMISSIONERS ASFOUR/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Commissioner Asfour stated that at his site visit, he could not see an impact of the addition to any of the neighbors. Commissioner Patrick and Chairwoman Kaplan concurred that there would not be an invasion nor impact to the neighbors' privacy. COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR-96-011 AS RECOMMENDED BY STAFF. THE MOTION CARRIED UNANIMOUSLY (7-0). Commissioner Siegfried stepped down from discussion of agenda item 6. 6. AZO-96-002 -CITY OF SARATOGA; Amend Chapter 15 of the Saratoga Municipal Code (Zoning Ordinance) requiring Use Permit review and approval for cellular and wireless communication antenna facilities in all zoning districts. An Initial Study and Negative Declaration have been prepared for this Ordinance Amendment finding that no significant adverse environmental impact will result from the project (i.e. requirement of the Use Permit process). Community Development Director Curtis presented the staff report. He informed the Commission that a letter was distributed this evening to the Commission from Suzanne Hook, JM Consulting Group, Inc. ,representing Pacific Bell Mobile Services, requesting that the City of Saratoga maintain its current Ordinance provision which allows administrative review of wireless facilities in commercially designated parcels. Staff felt that the proposed use permit procedure would provide proper review of the proposed site and provide adequate public notification to the neighbors. Staff recommended that the Planning Commission forward its recommendation to the City Council for the adoption of the Negative Declaration and that the Council amend the Municipal Code to require use permit approval for communication antenna facilities in all zoning districts. Commissioner Asfour indicated that this proposed zoning ordinance amendment was a different process than previously discussed. It was his believe that the City would be simplifying the process by reviewing and approving pre-designated sites that would be appropriate for antenna facilities. Community Development Director Curtis stated that it was his belief that designating pre- approved sites would allow too many providers to locate on one site and that this may not be a desirable situation. Allowing the providers to locate on different sites as single users PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 5 - would allow the facilities to be screened to mitigate any potential visual impacts. Commissioner Asfour asked why it was being proposed to complicate the process as it appears that the ordinance amendment would be making it more difficult. Community Development Director Curtis stated that this amendment would allow for public hearing notification process to occur concurrently with the review of the application, allowing for adequate review. He indicated that other larger cities allow antennas to locate within commercial districts, noting that those cities have taller buildings, allowing the antennas to be better screened than those in Saratoga. Commissioner Abshire indicated that he has seen three antennas approved administratively but due to the possible proliferations of antennas, it has become more complicated. He felt that locating additional antennas in areas that already have existing antennas would be appropriate to consider. Chairwoman Kaplan asked staff if a public hearing would be conducted when there is a request to share an existing, approved antenna site. Community Development Director Curtis responded that an initial applicant/provider may not wish to have a use permit approved for amulti-user site as the initial applicant applied and paid the fees associated with a use permit. He clarified that the previous procedure for administrative approval of a commercial designated site has not been a problem. However, he felt that future requests in certain areas should be reviewed by the Commission as there was concern with the proliferation of antennae. Chairwoman Kaplan opened this item to public hearing at 8:07 p.m. Derek Empey, Mathews Land Company, GTE MobileNet, stated his appreciation for the efforts made on this issue and indicated that he has followed the work sessions relating to this item. He agreed that there should be a mechanism for the review of antenna requests in place. He felt that it would be beneficial to the community to build the infrastructures in the community. He suggested that the process address concerns either at the administrative level or the public hearing process. He felt that the best means to achieve goals is to review each request on a site-by-site basis. He felt that residential areas can be reviewed based on its sensitivity and that the community development director could review the uses at an administrative level to determine if the antennas have been designed to mitigate any potential visual impacts. If there are no visual impacts associated with the use, the community development director can approve the project. If there is a concern, at his discretion, the community development director could refer the request to the Planning Commission to address the concerns of the adjacent property owners. Regarding pre- approved sites, he felt that there are both pros and cons to shared pole issues. He felt that mechanisms were in place to alleviate the public's concern of visual impacts. It was his PLANNING COMMISS~ MINUTES APRIL 10, 1996 PAGE - 6 - belief that the industry was responding to alternative designs to address community concerns. He requested that the Commission consider his alternative as an option. Commissioner Abshire asked if agriculture and open space zoning districts were included in the "non-residential" areas? Mr. Empey responded that alternative sites can be of a benefit to the City (generate revenue to the general fund). Commissioner Pierce asked if the antenna industry would require additional sites in this community. Mr. Empey indicated that modifications of the site may be necessary in the future to improve the quality of service to the site and as improvements to technology occurs. He stated that he did not want to go through the public hearing process and requested that this be reviewed and approved at an administrative level. He did not anticipate that an additional site would be needed in this community by his company. Betty Jo Stuart inquired if any of the Commissioners have seen the lit bill board located on El Camino as it was located in a commercial -area? Community Development Director Curtis indicated that the bill board was lit up but that the existing antenna was not. He informed the Commission that staff has contacted the business owner and requested that the lighting be modified. Sandra Smith, JM Consulting Group, South San Francisco, felt that the installation of antennas can be sensitively installed within commercial zones and concurred with the comments as expressed by Mr. Empey. COMMISSIONERS PATRICK/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. Commissioner Asfour asked if a public hearing would be required if a modification for an approved site was requested? Community Development Director Curtis responded that a minor modification would be handled administratively (modifications that do not intensify the power or size). He indicated that future use permits could include a condition that would allow minor modifications to be approved administratively. Commissioner Patrick stated that she would support the zoning ordinance amendment which would require approval of a use permit for antenna facilities in all zoning districts. She stated that she could not support only requiring the approval of antennas in residential zones. She also indicated that she was concerned with intensification of the use. Commissioner Murakami asked if there were several applications in the process? Community Development Director Curtis informed the Commission that there were no applications on file for antennas, but that he was aware of potential applications and proposed sites. He stated that he was not comfortable indicating the appropriate sites for antennas, noting that there were not many commercial zoned districts to locate these facilities in Saratoga. PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 7 - Commissioner Pierce stated that he was impressed with the last paragraph of the staff report, noting that there were not a lot of industrial areas in Saratoga and that the commercial districts were inclose proximity to residential areas. He felt that requests would be received in the future to locate antenna facilities within residential zoned areas. Commissioner Abshire stated his support of staff's recommendation. Chairwoman Kaplan indicated that she would prefer to have selected sites so as to generate revenues for the city (i.e.,public lands). She informed the Commission and staff that at the League of California Cities -Planning Commissioners Institute work sessions, it was suggested that cities take the initiative and direct applicants to the locations that have been designated as appropriate sites to locate antenna facilities. Community Development Director Curtis informed the Commission that he would be meeting with representatives from PacBell. He indicated that he needs to be cautious in encouraging individuals to locate on city or public owned properties. He stated that his objective would be to find the best site whether it is a city, school, or fire district site that meets the needs of the antenna provider. COMMISSIONERS PATRICK/ASFOUR MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION AND AMENDMENT TO THE ZONING ORDINANCE, REQUIRING USE PERMIT APPROVAL FOR COMMUNICATION ANTENNA FACILITIES IN ALL ZONING DISTRICTS. THE MOTION CARRIED 6-0-1 WITH COMMISSIONER SIEGFRIED ABSTAINING. Commissioner Siegfried resumed his seat on the Commission. DIRECTOR'S ITEMS Community Development Director Curtis informed the Commission that the following Planning Commission actions have been appealed to the City Council: - SD-95-009/V-95-014 - Nagpal; 19010 Via Tesoro (to be reviewed by the City Council May 1, 1996). - UP-95-008 - Kolotouros; 20201 Merida Drive (continued to the Council's April 17 meeting at the applicants request) - DR-94-042 - Skov; 14970 Sobey Road (continued to the Council's April 17 meeting to allow the presence of all Councilmembers as there was a 2-2 vote taken on the appeal). COMMISSION ITEMS 1. DR-94-050; Lewis, 18581 McCoy Ave. PLANNING COMMISS~N MINUTES APRIL 10, 1996 PAGE - 8 - Planner Dailey presented the staff report for a request to modify approved architectural plans. Staff finds that the modifications are acceptable and that the design review findings can be made. Therefore, staff recommended Commission approval of the requested modifications. Commissioner Patrick inquired as to the location of the requested additional square footage. Commissioner Murakami noted that the addition would be located in the master bedroom, to the rear of the home. Marilyn Lewis, applicant, indicated that the addition would be to the open ceiling located in the living room area. Mark Harrington, project designer, indicated that the rear elevation of the master bedroom would be the area where the addition would be located. Commissioner Patrick inquired about the west elevation and whether it was to be a wall with no first story roof overhang. Mr. Harrington informed the Commission that he met with staff and that this submittal was the best solution that would meet his client's needs. Commissioner Patrick felt that this modification defeats the purpose of the approval granted a year ago. She stated that she could not support the requested modifications. Commissioners Asfour and Kaplan indicated that they could not support the requested modifications because the original approval that was granted was to ensure that the home was designed to be compatible and in keeping with the architecture of the neighborhood. Commissioner Murakami indicated that he liked the approved design better and that the proposed design bothers him. Commissioner Abshire stated that he did not see any reason to deny the requested modification(s) as the overhang was located to the rear of the home. If this was the design that the property owner wanted and it met all the design requirements, he indicated that he could support the modification. Community Development Director Curtis noted that the requested changes were not significant to require anew design review. He recommended that a motion be made with a formal vote taken. He indicated that he would review the Municipal Code to determine if there can be an appeal to a denial of a plan revision. Chairwoman Kaplan asked if the original approval would stand if this modification was denied. Community Development Director Curtis responded that the original approval would stand should the Commission deny the requested plan revisions. + ~ PLANNING COMMISS~ MINUTES • APRIL 10, 1996 PAGE - 9 - Commissioner Siegfried indicated that it was his belief that the Commission would need to take formal action to deny the request in order for the applicant to appeal the Commission's denial. COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO DENY THE REQUEST FOR MODIFICATIONS TO APPROVED ARCHITECTURAL PLANS FOR APPLICATION DR-94-050. THE MOTION CARRIED 6-1 WITH COMMISSIONER ABSHIRE VOTING NO. 2. Bicycle Committee Report (Commissioner Siegfried) Commissioner Siegfried informed the Commission that there is a continued interest in providing an access walkway from Seaton to Herriman as part of the proposed Navico subdivision. He requested that another Planning Commissioner be appointed to the Bicycle Committee as he has fulfilled his term on the Committee. COMMISSIONER PIERCE VOLUNTEERED TO SERVE AS THE PLANNING COMMISSION'S REPRESENTATIVE TO THE BICYCLE COMMITTEE. Commissioner Asfour indicated that it would be difficult for him to attend the 5:00 p.m. work sessions on in the future as he has a different job/schedule. COMMUNICATIONS Written 1. City Council Minutes dated 3/20 & 3/26/96. 2. Planning Commission Public Notices for 4/24/96 Oral Citv Council ADJOURNME\TT -There being no further business, the meeting adjourned at 8:47 p.m. to 5:00 p.m., Wednesday, April 24, 1996, EOC Conference Room, 13777 Fruitvale Ave., Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT\PC041096. SAR