Loading...
HomeMy WebLinkAbout09-11-1996 Planning Commission Minutes~,-_ ~"- ~ ~ANNING COMMISSIOI~T MINU'~ SEPTEMBER 11.1996 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting ------------------------------------------------------------------------------------------------- Chairwoman Kaplan called the meeting to order at 7:40 p.m. Roll Call Present: Kaplan. Murakami, Patrick, Pierce. Siegfried Late: None Absent: Abshire. Asfour Staff: Community Development Director Curtis and Planner Walgren. City Attorney Riback was not present this evening. Pledge of Allegiance Minutes - 8/14/96 COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE THE AUGUST 14. 1996 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 7, last paragraph amended to read: "Commissioner Siegfried stated that fie lhoulit findings eciizld be made to approve variance requests under certain circumstances. In this case, he could not make the findings to grant the variance vuh~~the home is beii~ increased **~e~~ by 260 square feet. v - Page 9, first paragraph, line 1, replace the word "peer" with "pier and grade beam" foundation. - Page 9, paragraph five. line 2, replace "90"with "9" . - Page 11, paragraph 7 amended to read: "Commissioner Siegfried stated that Mr. ................ ..... Ax- Neatd: °, developer, spoke to him.... " THE MOTION CARRIED ~-0 (COMMISSIONERS ABSHIRE AND ASFOUR ABSENT). 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 September 6, 1996. PLANNING COMMIS~I~T MINUTES • SEPTEMBER, 1996 PAGE - 2 - Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR PUBLIC HEARL\'G CO\ SENT CALENDAR 1. V-94-005.1- ~IARTIN,14167 SQUIRREL HOLLO~'~' LA\E; Request for a one year extension to a Variance approval which allo«~ed a 302 sq. ft. single-story addition to an existing 3,871 sq. ft. two-story residence where 2.720 sq. ft. vas the maximum allowed floor area. The subject property is approximately 19,285 gross sq. ft. (7,800 net sq. ft.) and is located within an R-1-12.500 zone district. COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MIl\TUTE ACTION. THE MOTION CARRIED 5-0 (COMMISSIONERS ABSHIRE AND ASFOUR ABSENT). PUBLIC HEARII\TGS 2. DR-91-031, V-96-007 -SHE\TG, 21791 HEBER ~~'AY;A request for Design Review approval to construct a new 6297 square foot. two story, single family residence on a 7.3 acre parcel and a request for Variance approval to encroach into the required front yard setback pursuant to Chapter 15 of the City Code. The applicant also requests to amend the final map of Tract 6781 (Lot 13) for the purpose of modifying the boundaries of a portion of an open space easement on the subject property pursuant to Chapter 14 of the City Code. The property is located in the Hillside Residential (HR) zoning district (cont. from 8/14/96 to notice amendment of open space easement; City revie~;~ deadline is 1/4/97). Planner Walgren presented the staff report. Chairwoman Kaplan asked why the design application vas not more current than 1991. Planner Walgren informed the Commission that the application has been incomplete since 1991 due to the physical constraints of the property, the need to obtain aeotechnical clearance, and in some instances, inactivity on the applicant's part. He informed the Commission that the time clock for the Permit Streamlininc Act does not start until the application is deemed complete, noting that this applicationv~vas deemed complete in July 1996. Chairwoman Kaplan opened the public hearing at 7:47 p.m. No comments were offered. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:48 P.M. PLANNING COMMIS~T MINUTES SEPTEMBER, 1996 PAGE - 3 - In response to Commissioner Siegfried's question, Planner Walgren informed the Commission that the fault line was located approximately 20 feet from the structure, noting that the driveway was located adjacent to the fault. The Commission deferred discussion on this item to allow staff to furnish it with a color board. 3. DR-96-039 - PFEIFFER RANCH, 19863 DOtiGLASS LAi\TE (LOT 1); Request for Design Review approval to construct a new 6,112 square foot two-story residence on an undeveloped parcel pursuant to Chapter 15 of the City Code. The application includes a request for exemption from the floor area reduction requirement for building heights over 18 feet. The subject property is approximately 1.2 acres located within a R-1-40.000 zoning district. ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. He informed the Commission that the applicant has submitted a revised schematic diagram depicting the swimming pool's location to the west of the house on the embankment above the creek. He stated that staff was not willing to approve the proposed location without reviewing grading plans and more detailed exhibits. He recommended that the condition relating~to the location of the swimming pool be modified to state that if the pool is to be located to the west of the house. a final grading plan is to be submitted, reviewed and approved by the City arborist and staff. Chairwoman Kaplan referred to page 8, condition S.a. and noted that the fifth bullet should be amended to read: "...minimumclearance of six feet from the root collar. It vas also noted that page 9, first bullet, line 7 should read "Spring 1996-x:" . Chairwoman Kaplan opened the public hearing at 7:54 p.m. Chuck Bommarito, Pinn Brothers Construction. indicated that he meet with three adjacent neighbors and supplied them with plans. He indicated that all three neighbors supported the design as submitted. He requested that the Commission approve the application with the modified condition to stipulate that any concerns associated with the pool be addressed at a staff level. Chairwoman Kaplan agreed that the west side was the most appropriate location for the pool. She asked if impervious material was to be used around the pool. She also asked if the pavilion was necessary as she was trying to keep structures out of the creek area. Mr. Bommarito indicated that a six foot concrete deck would be used around the pool. He informed the Commission that a design for the pavilion was not being proposed at this time. Richard Walker, 3 Quail Acres, stated that his property backs up to this property and expressed concern that a precedent would be set in the granting of a variance to allow for an exception in square footage. Irwin Haas, project designer, indicated that a 16 square foot covered patio is proposed for the pavilion. It is to be located on the neighbor's side of the pool to protect the neighbors PLANNING COMMIS~i MINUTES • SEPTEMBER, 1996 PAGE - 4 - from noise. He indicated that he would agree to install a gas burning fireplace in the bedroom and that he would confer with his clients to see if they would be in agreement to installing gas burning fire places in the other rooms. y Planner Walgren indicated that a letter vas received from Spencer Oza~va, 19897 Douglass Lane, expressing concern with the noise to be generated from the use of the pool that close to his property. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:01 P.M. Commissioner Murakami felt that staff has addressed the concern regarding the location of the pool and supported the recommendation that staff approve the final details of the swimming pool. Commissioner Pierce stated that he liked the new location of the pool and would support its location. Commissioner Patrick asked if the pool house vas necessary and noted that the Commission does not know what materials are to be used for the pavilion. Chairwoman Kaplan requested that staff ensure that the creek bed is protected. Planner Walgren stated that the application includes a request for an exception in floor area reduction rule. He explained to the audience that if a new two story home is proposed in an area where homes are below 16 feet in height, the applicant would need to reduce the allowable floor area of the house by 1.5 ~ for each foot that the building exceeds 18 feet in height. In areas where all homes are single story, it is an incentive to keep the homes as low as possible and to allow a larger home if the home is kept lo~v to encourage compatibility. This reduction is not required in neighborhoods where the majority of the homes are already t~vo story homes. An applicant would need to demonstrate that a particular neighborhood is a simple majority of two story homes. He further indicated that at the time of map approval, special consideration were given to lots 6 and 7 located at the end of Taos Court because they abutted older developments located on Douglass Lane and Quail Acres Court and that they would be given greater scrutiny when plans are submitted for design review. COMMISSIONERS MURAKAMI/PIERCE MOVED TO APPROVE RESOLUTION DR.96-030. AMENDING CONDITION S.A. AS NOTED ABOVE AND AMENDING THE POOL CONDITION TO REQUIRE THAT IT BE SUBJECT TO STAFF REVIEW. THE MOTION CARRIED ~-0 WITH COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. 2. DR-91-031, V-96-007 -SHE\G, 21791 HEBER `~'AY;Cont'd. Chairwoman Kaplan reopened the pubic hearing at 8:0~ p.m. PLANNING COMMISJ~T MINUTES • SEPTEMBER. 1996 PAGE - 5 - Steve Sheng, property owner, stated that the application was filed in 1991. At that time, he was notified that a geological clearance vas needed. He explained the reason ~vhy this application took several years to get to this stage (i.e., completion of the geologist report and the review and acceptance of the report). Chairwoman Kaplan recommended that if fireplaces are to be installed that gas burning fireplaces be installed as the home is located in a hillside area. Mr. Sheng stated that he would be open to the installation of gas burning fireplaces. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 P.M. Commissioner Patrick felt that the design was the most appropriate given the constraints of the lot. Commissioner Siegfried stated that he was not impressed with the design but acknowledged that the property owner has a right to build on the lot. Commissioner Pierce concurred that the design may not be one that he would chose, noting that the home is to be located in an eclectic area. COMMISSIONERS MURAKAMI/PATRICK MOVED TO APPROVE V-96-007 AND THE ADOPTION OF THE OPEN SPACE. THE MOTION CARRIED 5-0 WITH COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO APPROVE RESOLUTION DR.91-031 AS RECOMMENDED BY STAFF. THE MOTION CARRIED ~-0 WITH COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. 4. V-96-010 - DORSA, 18560 PROSPECT ROAD; Request for Variance approval to construct a ne~v free standing gasoline price sign at the Classic Car Wash pursuant to Chapter 15 of the City yCode. Variance approval is required to allow two freestanding signs on the property, to allow the front setback to be six feet where 10 feet is the minimum required, and to allo«~ the area of the price to be 15 square feet where 10 sq. ft. is the maximum allowed. The subject parcel is located in a C-N zoning district. ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. He recommended that the pedestal be reduced to 4.5 feet and the elimination of the column element located on the left side and that the base be reduced by 1.5 feet. Chairwoman Kaplan opened the public hearing at 8:17 p.m. Frank Dorsa, applicant, stated that it was important to have proper signage as individuals who drive on the street do not know that his business is there. He requested approval of the Chevron logo. ~~ PLANNING COMMIS~T MINUTES • SEPTEMBER, 1996 PAGE - 6 - Commissioner Murakami noted that the existing flags block the gas prices from public view and recommended their removal and stated his support of staff's recommendation. Commissioner Pierce asked Mr. Dorsa how he felt about reducing the sign by a 1. ~ feet? Mr. Dorsa informed the Commission that Chevron makes four different signs and indicated that the sign proposed vas the smallest sign. He requested that the sign be raise three feet above the ground as there is a lot of confusion along the street with other signage. Commissioner Pierce stated that he was not sure that raising or lowering the sign would help the business. Chairwoman Kaplan expressed concern with the use of a larger base for the sign because it would block the business located behind the sign. She stated that she would support staff's recommendation. Kevin O'Brady, Sign Designs. stated that reducing the sign by 1.5 feet would obscure the sign from the travelling public. He also addressed the issue of the column located to the left of the sign. He stated that the purpose of the sign vas to identify the Chevron business and that it was an important part of the company's logo. COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. Commissioner Patrick felt that part of the signage visibility problem could be attributed to the blocking the sign(s) as cars are being parked and dried. She stated that she would support staff's recommendation as she did not want to see San Jose's sign program in Saratoga. Commissioner Pierce stated that he would support a larger sign. Commissioner Siegfried concurred with Commissioner Pierce and felt that it was important to identify this business as a Chevron business through signage. COMMISSIONERS PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION V-96- 010, APPROVING THE SIGN AS DEPICTED ON EXHIBIT "A",APPROVING THE SIX FOOT HIGH SIGN. THE MOTION CARRIED 3-2 WITH COMMISSIONERS PATRICK AND KAPLAN VOTING NO AND COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. S. DR-96-040 - ~IAITRA,14492 PIKE ROAD; Request for Design Review approval to construct a ne~v 6.880 sq. ft. one-story residence on an undeveloped parcel pursuant to Chapter 15 of the City Code. The subject property is approximately 3.6 acres located within a Hillside Residential zoning district. ------------------------------------------------------------------------------------------------- Planner Walaren presented the staff report. He recommended approval of the request, amending condition 8.c. to allow the applicant to transplant the oak trees. If the trees are - ~ PLANNING COMMIS~1 MINUTES • SEPTEMBER. 1996 PAGE - 7 - transplanted successfully, that would off set the replacement valuation requirement. Staff also recommended approval of the request to exceed the 1,000 cubic yards of cut and fill grading limit by approximately 600 feet. Doing so would allow the driveway to be cut down to the back of the hill. lowering its profile and that of the home on the site. He informed the Commission that approval stipulates that pervious material is to be used for the driveway and that it not exceed 15.000 square feet per city code. He informed the Commission that a letter was received from the downslope neighbors expressing concern with drainage. He recommended that a condition be added to read: "Prior to the issuance of building and grading permits, a drainage study prepared by a qualified professional which describes the drainage area. drainage capacity and the necessity of any on site drainage improvements or facilities shall be approved by the city engineer. " Chairwoman Kaplan asked what was to prevent anyone from using impervious material. Community Development Director Curtis responded that a permit is not required for paving but that if impervious material is used, it would be a violation of city code. Chairwoman Kaplan opened the public hearing at 8:34 p.m. Walter Chapman, project architect, presented the Commission with colored renderings and overlays of the project. He indicated that a turf block with openings would be used to allow water to drain towards the center of the blocks. He did not believe that the he would exceed the 15,000 square feet of pervious material. He indicated that the material of the roof was granite and that it is proposed to be used to simulate a ring. He felt that the main feature of the home vas the diamond-shaped room. He requested the use of vibrant colors to accent the design as gables and projections are not being proposed. He indicated that the home would only be visible to the Parker Ranch subdivision, noting that it is located far away. Commissioner Murakami stated that he appreciated the drawings presented this evening because it assisted in the understanding of the physical layout and appearance of the home. Mrs. Maitra, applicant. explained the evolution of the design. She indicated that a courtyard was important to her and stated that she considered the style of the home to be modern international. She indicated that the colors are being used to replicate a gold band with a diamond. She felt that the use of vibrant colors would give the home a personality. Ginne Kelsey, interior designer, stated that the home was that of an international style. She presented the Commission with a brochure of international styled homes that use bright colors and intersecting planes. Chairwoman Kaplan asked what was going to be placed in the middle of the driveway. Mr. Chapman responded that it would be a green area (vegetation) with a center piece but that no final plans are proposed at this time. Commissioner Patrick stated that it appears to her that a contrast could be achieved without the use of the yellow color but that it could be achieved with the use of a colored trim or PLANNING COMMIS~IV MINUTES • SEPTEMBER. 1996 PAGE - 8 - use of a material that would come out through the window rather than an exterior color. She asked if this suggestion vas considered? ~ Mr. Chapman stated that the colors chosen help to represent the gold band and that the accent color (red) vas the contrast color chosen to make the home come alive. Bill Heiss, civil engineer. indicated that he met with Ms. Prendergast and that he «~ould be working towards the development of a drainage system that would mitigate her drainage concern. COMMISSIONERS MURAKAMI/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M. Commissioner Pierce noted that the staff report recommends the use of earth tone colors for homes constructed on the hillside. He asked if this recommendation vas one that was adopted by City policy? Planner Walgren responded that this is a design criteria from the Hillside Design Guidelines that primarily applies to hillside lots that are visible off site. In this case. the home is visible to the Mt. Eden Valley and Paul Masson Winery. He recommended that muted colors to used so that the home blends with the hillside. Chairwoman Kaplan inquired about the cut and fill and expressed concern with the safety of the oak trees. She recommended that the trees be watched as it was her belief that they would be damaged during construction. She felt that the home would be visible from a vide area and that the planting of a few trees would properly screen the house. As the house would be visible, she could not support the use of the requested yellow color for the roof. Commissioner Siegfried stated that he could not support the use of the yellow color but that he could support the design. Commissioner Murakami concurred with the Commission regarding the use of colors. He felt that there may be a compromise in the use of colors being proposed. He stated that he understood the concept of the ring design but noted that the site was located in a prominent area. Therefore. he would support staff's recommendation. He commended the applicants on their design. Commissioner Patrick felt that the design was creative. However, she felt that the home would be visible. She stated that she liked the use of the red color trim but not the reflective yellow color. She stated her appreciation of the use of pervious paving material. Commissioner Siegfried recommended the use of tarnish gold color to achieve the diamond ring concept. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING AT 8:58 P.M. Ms. Maitra agreed to return with alternative colors. PLANNING COMMIS~T MINUTES • SEPTEMBER, 1996 PAGE - 9 - COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:59 P.M. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE RESOLUTION DR-96-040. SUBJECT 'TO PLANNING COMMISSION APPROVAL OF ALL EXTERIOR COLORS. THE MOTION CARRIED 5-0 (COMMISSIONERS ABSHIRE AND ASFOUR ABSENT). 6. DR-96-027 - BRO`'~'N, 21952 VILLA OAKS LA\TE; Request for Design Review approval to construct a new 5,063 sq. ft. t~vo-story residence on an undeveloped parcel pursuant to Chapter 15 of the City Code. The application includes a request for exemption from the Hillside district grading regulations. The subject property is approximately 1.6 acres located within a Hillside Residential zoning district. Planner Walgren presented the staff report. Staff recommended approval of the request with an added condition that would eliminate the hillside cut entirely, reducing the amount of cut. Also, that the rear yard area be reduced and/or terraced in order to achieve a single retaining wall to bring the grading down to not more than 1.000 cubic yards. Chairwoman Kaplan opened the public hearing at 9:10 p.m. James Stroupe, project architect, stated that the applicant would agree to install 24" boxed trees. He addressed the grading and felt that terracing of the lot vas the best design solution for the lot. He presented drawings that sho~z°ed the continuation of the natural slope of the hillside. He did not believe that the proposal would be visibly obtrusive and that it would blend in with the natural hillside. Andy Brown, applicant, indicated that this vas a challenging lot as it was at 33 9o grade. He indicated that Mt. Eden drew him to the area because of the Mediterranean style homes located in this area. He felt that the use of a retaining wall would provide a play area for his children and that terracing would allow the hillside to look as natural as possible. COMMISSIONERS PATRICK/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 9:15 P.M. Commissioner Murakami stated that he did not object to the design of the home. However, he noted that the lot was configured at an angle where the lot is being aligned for the home. He indicated that he would support staff's recommendation regarding grading. Commissioner Patrick stated that she could not support changing the topography of the lot nor the amount of cut being requested. She recommended that the applicant reduce the amount of cut or that the home be redesigned. Commissioner Pierce stated that he would support stepping the house and that he would reluctantly approve the request as submitted. PLANNING COMMIS~T MINUTES • SEPTEMBER, 1996 PAGE - 10 - Chairwoman Kaplan stated that she did not support the purchase of a lot that would need to be cut up to accommodate a play area and stated her support of staff's recommendation. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-96-027 AS AMENDED BY STAFF. THE MOTION CARRIED ~-0 (COMMISSIONERS ABSHIRE AND ASFOUR ABSENT). 7. SD-96-003, V-96-008 - BOISSERANC, 13650 SARATOGA-SUI~TYVALE RD; Request for Tentative Subdivision Map approval to subdivide a parcel of land totaling 3.78 acres into seven single-family lots. An extension of Franklin Avenue will provide access to six of the proposed parcels, while the remainder parcel will continue to access from Saratoga-Sunnyvale Road. The application includes a Variance request in order to retain the existing residence with a nonconforming rear yard setback. The existing barn on the property is proposed for demolition. Each of the six lots with access on Franklin Avenue will be 12,500 sq. ft. in area and each would permit a single family residence with a maximum floor area of 3.710 sq ft. (including garage). yThe remaining lot will be 1.67 acres and would permit a single family residence with a maximum floor area of 4,830 sq. ft. (including garage). The property is zoned R-1-12,500. y An environmental initial study and subsequent Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. Planner Walgren presented the staff report. Staff recommended approval of the Negative Declaration and resolution of approval which include two unique conditions that restricts future construction to single story structures in order to ensure compatibility with the existing single story homes and that the applicant enter into a development agreement with the City to be recorded against the remainder parcel to ensure that upon any future development or subdivision of the remainder parcel that a ne~v cul-de-sac turn-around is to be installed. He informed the Commission that the applicant does not want to remove his home to allow the connection of Franklin Avenue to Saratoga-Sunnyvale Road at this time. Commissioner Patrick asked if the resolution of approval should include a condition to require Franklin Avenue to be a through connection. Planner Walgren stated that the proposed condition would restrict development in the future should development patterns change in the future. Commissioner Patrick stated that if a cul-de-sac is proposed, that it would serve more than 15 homes. a condition that is not supported by the fire department. Planner Walgren noted that the cul-de-sac would serve less than 15 homes. He stated that the connection of Franklin Avenue would require the demolishing of the existing home. He stated that it vas not known how the remainder parcel is to be developed. Chairwoman Kaplan opened the public hearing at 9:29 p.m. Steven Arnold, representing the applicant, indicated that the current property owner does not ~.vant to extend Franklin Avenue at this time as it would impact the existing residence. PLANNING COMMIS~T MINUTES i SEPTEMBER, 1996 PAGE - 11 - He indicated that a barricade would be installed subject to Public Works approval and that it could be landscaped. He stated that the proposed subdivision meets current zoning and that the proposed lots are larger than the ones located to the south and a little smaller than those located to the north. William Klett, 20369 Chalet Lane, representing three of his neighbors (Tom Maddox, 20389 Chalet Lane: Pavlina residents. 20373 Chalet Lane; and Mr. Miller. Thelma Avenue), stated that the residents support single story homes that are low in profile and that the homes be compatible to the existing homes located on Thelma Avenue, Chalet Lane, and Franklin Avenue. He expressed concern with grading of the lot and of the height of the homes and requested that privacy be maintained for all homes in the area. He requested that Franklin Avenue become a cul-de-sac, allowing emergency vehicle access and that traffic concerns be mitigated. Joel Mattox, 20393 Chalet Lane. felt that the proposed plans are in keeping with the character of the area. He stated his support of the construction of single story homes and the installation of a cul-de-sac. John Waite, 20344 Franklin Avenue, expressed concern with traffic (how is traffic to be controlled when school is in session); opposed to Franklin Avenue being extended to Saratoga- Sunnyvale Road; and requested that a time frame be established for the installation of the cul-de-sac. Mr. Arnold indicated that the Fire Marshall has approved the dead end street as shown on the tentative map. Regarding aradina of the parcels, he stated that at the most, a foot of fill would be used at the front portionyof the residences and a maximum of a foot cut to the rear lots (grading to be less than 3 ~ ). Regarding the cul-de-sac installation, he felt that Mr. Boisseranc would be selling the property in five years and that the cul-de-sac may be installed at that time. Planner Walgren indicated that a letter was received from Danny and Jung H. Hu who reside on Thelma Avenue requesting that Franklin Avenue be extended to Saratoga- Sunnyvale Road; installation of a traffic signal at Saratoga-Sunnyvale Road and Thelma Avenue; that homes be restricted to single story homes; and that construction not commence prior to 9 a.m. on weekends. COMMISSIONERS PATRICK/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 9:40 P.M. Commissioners Pierce and Patrick supported the request as recommended by staff. Commissioner Patrick further recommended the installation of landscaping at the end of Franklin Avenue. Commissioner Murakami recommended that the concerns of the neighbors be im~estiaated (i.e., installation of a stop sign to assist in traffic control). Commissioner Siegfried stated his support of the request. He did not see the need to ~~ ` PLANNING COMMIS~T MINUTES • SEPTEMBER, 1996 PAGE - 12 - require the installation of a cul-de-sac at this time and that he did not see the need to require that Franklin Avenue be a through street to Saratoga-Sunnyvale Road. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE THE NEGATIVE DECLARATION FOR SD-96-003/V-96-008. THE MOTION CARRIED 5-0. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO APPROVE RESOLUTION SD-96-003 WITH THE ADDITION OF A CONDITION TO REQUIRE THE INSTALLATION OF LANDSCAPING AT THE STUB STREET. THE MOTION CARRIED 5-0 WITH COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. COMMISSIONERS MURAKAMI/PATRICK MOVED TO APPROVE RESOLUTION V-96-008 AS RECOMMENDED BY STAFF. THE MOTION CARRIED ~-0 WITH COMMISSIONERS ABSHIRE AND ASFOUR ABSENT. Commissioner Siegfried excused himself from the remainder of the meeting. 8. UP-96-011 - SPRI\T SPECTRLI~I L.P./CITY OF SARATOGA, CONGRESS SPRTi\GS PARK; Request for Use Permit approval to establish a Personal Communications Services site at Congress Springs Park. The proposal is fora 48 ft. tall monopole with six (6) flush mounted panel antenna located at the south end of the park, adjacent to Highway 85. Five (5) accompanying radio cabinets would be located on the ground adjacent to the antenna. An environmental initial study and subsequent Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. Planner Walgren presented the staff report. He recommended approval of the Negative Declaration and approval of Exhibit C which depicts the use of a single pole subject to the following: it is to be encased and painted a sky blue color; and thatythe equipment at the base of the antennae be fenced and screened with landscaping. Chairwoman Kaplan opened the public hearing at 9:49 p.m. Patty Mejia, representing Sprint Spectrum, informed the Commission that a community meeting vas held on August 29, 1996 to receive public input and to determine which site was the best alternative site, noting that only 2 community members out of the 300 invited attended the meeting. She indicated that 9 comment cards were received of which 6 stated their support, two requested additional information and that one was a negative response. Commissioner Patrick asked how many poles would be located on Congress Springs Park. Community Development Director Curtis indicated that there are currently 37 netting poles located on Congress Springs Park. v PLANNING COMMIS~i MINUTES • SEPTEMBER, 1996 PAGE - 13 - Commissioner Murakami stated his appreciation that the applicant has agreed to utilize alternative C. Bernard Vogel, 13010 Glen Brae Drive, expressed concern with the t}ape of landscaping that would be installed to mitigate the visual impacts of the cabinetry and the poles. He indicated that many of the neighbors are concerned with the park and its current condition. He recommended that some of the leasing monies be used to improve the park. He stated that he was glad to see that an encasing was to be used. He also asked if there was a technical reason for the requested height~of the pole. He noted that five radio cabinets are proposed and asked if there was a need for five due to their visual impacts. William Elhoff, 19379 Via Real Drive, stated that he received an invitation to the public meeting and indicated that the invitation was misleading. He expressed concern with the visual impacts associated with the pole as many poles, cabinets and towers have been installed, impeding his view of the sky. Also of concern was the health hazards associated with electro magnetic fields. He felt that there currently exists a dangerous level of electro magnetic fields in the area and that he would oppose any incremental increases. Cheriel Jensen. 13737 Quito Road, stated that she felt that the Negative Declaration was inefficient as she felt that there were health related impacts associated with this proposal. She requested that Dr. Stutzman's concerns expressed in the past be included. She stated that the General Plan stipulates a rural character for the city of Saratoga. She felt that the proposed use vas that of an industrial use and that it did not belong in this city, in a park. nor in open space areas. She did not believe that the city has made a decision as to whether towers are appropriate in Saratoga. noting that other cities have allowed this type of use and that those cities have destroyed their views. She felt that the open space was being changed to a commercial use and that it was a clear violation of Measure G. She stated that this would be considered a gift of public funds by a private enterprise. Ms. Mejia stated that landscaping would be installed to mitigate visual impact concerns. She indicated that the height of a structure would be dependent on what is located around the site. She felt that visual impacts could be handled at a staff level, taking into account neighborhood concerns. Regarding the health hazards raised, she indicated that the use falls well below the exposure rates. Donald Pierce, senior engineer, Sprint Spectrum, indicated that the site would release less then one tenth of one percent of the maximum allowable level of emissions. He indicated that he would have to research whether the emission would add to the existing emission found in the neighborhood. y In response to Commissioner Pierce's question. Mr. Pierce responded that the pole would be emitting electro magnetic waves, a variation of electro magnetic fields as it naturally exists (an extension upward from technology originally used for am/fm radios and television. moving progressively to higher frequencies). PLANNING COMMIS•1~T MINUTES • SEPTEMBER, 1996 PAGE - 14 - Chairwoman Kaplan stated that in work sessions attended, the Commission was advised that there were no health hazards associated with the proposed frequencies to be used. Community Development Director Curtis informed the Commission that FCC regulations prohibit agencies from denying this type of request based upon perceived health hazards. COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 10:12 P.M. Community Development Director Curtis stated that the proposed use was not subject to Measure Gas it is not a change in zoning or general plan designation from residential to commercial. He recommended that the Planning Commission indicate whether this project is subject to Measure G and that the Commission's decision could be appealed to the City Council. He stated that this use was not a gift of public funds but that it would be approval of a use permit. If approved, a lease would be negotiated and presented to the City Council and that should the City Council approve the lease, rental fees would be paid to the City. Planner Walgren stated that a chain link fence is proposed with shrubbery to be installed around the utility boxes and fencing. Commissioner Murakami inquired about the reference made to Dr. Stutzman's objections to alter telecommunication sites. He asked if there was any validity to legal blockage of any technology of this type? Community Development Director Curtis stated that several public hearings have been held with extensive discussions. He stated that he was not familiar with Dr. Stutzman's comments. Chairwoman Kaplan stated that an interesting observation was made at the meetings she attended. That observation being that schools, churches, and colleges can generate revenue from leasing lands for these types of uses. Commissioner Patrick felt that once painted, she finds the poles less objectionable than telephone poles/wires. Therefore, she would support the request. COMMISSIONERS PATRICK/PIERCE MOVED TO CONCUR WITH STAFF'S REPORT AND RECOMMENDATION AND FOUND THAT THIS REQUEST WAS NOT SUBJECT TO MEASURE G. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE. ASFOUR, AND SIEGFRIED ABSENT. COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE THE NEGATIVE DECLARATION FOR UP-96-011. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE. ASFOUR AND SIEGFRIED ABSENT. COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE RESOLUTION UP-96-012, APPROVING EXHIBIT C AS PRESENTED THIS EVENING. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE._ ASFOUR AND SIEGFRIED ABSENT. ~- ~ PLANNING COMMIS•N MINUTES • SEPTEMBER, 1996 PAGE - 15 - 9. UP-96-012 -SPRINT SPECTRLI`T L.P./CITYOF SARATOGA,19700 ALLENDALE AVENUE; Request for Use Permit approval to construct a 48 ft. tall monopole antenna for a ne«~ Personal Communications Services site in the City of Saratoga's Maintenance Yard. Five (5) accompanying radio cabinets would be located on the around adjacent to the antenna. An environmental initial study and subsequent Negative Declaration have been prepared for this project pursuant to the terms and requirements of the California Environmental Quality Act. Planner Walaren presented the staff report. He recommended approval of a Negative Declaration and the use permit with a condition to stipulate that the pole is to be painted with no requirement for landscaping to the back corner of the corporation yard. Chairwoman Kaplan opened the public hearing at 10:24 p.m. Ms. Mejia, representing Sprint Spectrum, informed the Commission that she would answer any questions which it may have. Cheriel Jensen asked what the rental fee to be collected would be used for. She expressed concern with the emission of electro magnetic fields. She indicated that federal laws do not override state laws. She felt that the issue of health and safety still needs to be addressed according to CEQA. She did not believe that the poles conform to the General Plan as it would be a private use of public property and that it vas a commercial use in public designated land. She also noted that the use of the land did not go out to bid. COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 10:26 P.M. COMMISSIONERS PATRICK/PIERCE MOVED TO CONCUR WITH STAFF'S FINDINGS THAT THE REQUEST WAS NOT SUBJECT TO MEASURE G. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE. ASFOUR AND SIEGFRIED ABSENT. COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE A NEGATIVE DECLARATION FOR UP-96-012. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE. ASFOUR, AND SIEGFRIED ABSENT. COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE RESOLUTION UP-96- 012 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE, ASFOUR AND SIEGFRIED ABSENT. 10. DR-96-037 - DE\::\IS, 15020 SOBEY ROAD; Request for Design Review approval to construct a 2,779 sq. ft. addition to an existing 3.360 sq. ft. single story residence on a hillside parcel with a net site area of 1.43 acres. The addition consists of 1,411 sq. ft. to the existing main level, an 852 sq. ft. new lover level, and a 516 sq. ft. - ~~ ~ PLANNING COMMIS~I~T MINUTES SEPTEMBER, 1996 PAGE - 16 - detached garage. Also proposed is a new swimming pool and tennis court. The parcel is located within the R-1-40,000 zoning district. ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. He indicated that the existing driveway was at a sharp angle at the bend of Sobey Road and that the property owner plans to complete the driveway with a horseshoe design to provide a safer egress from the property. He indicated that the horseshoe design exceeds the grade limits of the City code and that there would be the installation of curbing between several existing ordinance sized oak trees located on the neighboring properties. He recommended that the driveway not be approved. If the applicant and the architect are able to come up with a revised design alternative that pushes the driveway further down the hill so that it does not have a steep drop, that it could be considered at a staff level. He also informed the Commission that the existing pervious driveway would need to be included in the lot coverage. y Commissioner Patrick noted that a t~vo story home was located across the street and that it was not identified in the location map. Chairwoman Kaplan opened the public hearing at 10:30 p. m. Noel Cross. project architect, addressed the driveway issue. He stated that backing out of the driveway was unsafe. He stated that a new driveway configuration would be proposed that would not impact the existing oak trees. Commissioner Murakami inquired what the lover area located below the balcony would be used for? Mr. Cross responded that the area vas to be used as a game room. COMMISSIONERS MURAKAMI/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 10:29 P.M. Commissioner Murakami stated that he liked the design and that the vas «=filling to approve the request. COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR-96-037 WITH THE DRIVEWAY TO BE APPROVED BY STAFF FOLLOWING FURTHER EVALUATION. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE, ASFOUR AND SIEGFRIED ABSENT. 11. tiP-96-010 - CALI INVESTMENTS, 1410 BIG BASLIT WAY; Request for Use Permit approval to operate a restaurant in an existing retail commercial building fronting on Big Basin Way. The vacant tenant space is within the Village Square commercial center located at the corner of Fourth Street and Big Basin Way within the CH-1 (Historic Commercial) zoning district. Planner Walgren presented the staff report. ~: L `° PLANNING COMMISJ~T MINUTES • SEPTEMBER, 1996 PAGE - 17 - Chairwoman Kaplan asked why the hours of operations were more restrictive than that of the fondue restaurant located in the same center. Planner Walgren clarified that approval would allow the applicant to expand the hours of operation in the future without the need to return to the Commission to request expanded hours. Chairwoman Kaplan opened the public hearing at 10:43 p.m. Michael Dieves, co-applicant, stated that he would answer any questions that the Commission may have. Commissioner Murakami asked if the restaurant would be that of a standard Sushi bar? Mr. Dieves responded that the restaurant would be that of a Japanese Bistro. COMMISSIONERS PATRICK/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 10:45 P. M. COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE RESOLUTION UP-96-010 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 4-0 WITH COMMISSIONERS ABSHIRE, ASFOUR AND SIEGFRIED ABSENT. DIRECTOR'S ITE~1S Community Development Director Curtis reported the following: - Variance V-96-006: Vidanage, 1228 Spring Blossom Court has been appealed and that it would be heard by the City Council next Wednesday night. - Future staff reports would have a notation whether a project is subject to Measure G. - Planner Anne Daily ~;could be leaving the Community Development Department and that Planner Heather Bradley would be leaving for maternity leave. Due to staff shortage. Planning counter hours will be held from 9:00 a.m. to 4:00 p.m. He also indicated that the current Community Services Officer (CSO) was leaving and that the City is looking towards a CSO intern. COMMISSION ITEMS Chairwoman Kaplan requested that a uniform style fencing be reviewed for Saratoga- Sunnyvale Road and that a fence style be selected with two variation in colors. CO1t~itiL1~1ICATIONS ~'~'ritten 1. City Council Minutes dated 8/7/96. t t- PLANNING COMMIS~T MINUTES SEPTEMBER, 1996 PAGE - 18 - 2. Public notices for 9/25/96 meeting. Oral Citv Council ADJOLTR\11E1~TT -There being no further business, the meeting adjourned at 10:55 p.m. to 5:00 p.m., Wednesday. September 25, 1996. EOC Conference Room, 13777 Fruitvale Avenue. Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT`:PCQ91196. S aR