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HomeMy WebLinkAbout01-28-1998 Planning Commission minutes• CITY OF SARaTOGA PLA\TNi\G COI<iltliSSION ~TINUTES DATE: Wednesday, January 28, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruih-ale Avenue, Saratoga, CA TYPE: Regular vleeting Roll Call Present: Chair Patrick. Conunissioners Bernald. Martla~~e. Pierce Absent: Commissioners Kaplan, Vlurakami. Sievfried Staff: City Attorne~~ Faubion. `~`aLren. Crowley Pledge of Allegiance Minutes - ,Tanuarv 14. 1998 Page 2 (Bregantc), Commissioner Bernald requested the minutes be anlended to read ''Cormnissioner Bernald was also concerned about the si_e of the house. "not "the granting of rr 1~ariance. " Page 3 (Finn Brothers Construction). Commissioner Bernald requested the minutes be amended to read '`Comrrzissioraef• Ber•ncrld said tlu~t although the site has cr different flal~of• fi•oni the neighbors, the proposed borne did not comply with [he r•esn•ictions placed on the lot in the Resohrtion, "not that '"Comrnissioner- Bernald felt that home brims a different.flm~or to the neighborhood. " APPROVED AS CORRECTED J/0. Oral Communications Richard Carlson, 13971 Pike Road. reported that PG&E is upgrading their po~s-er pole to provide more power to new residents, resultin`7 in obstruction of his views; he asked if any recourse is available.. ~~'al~ren responded that public utilities are not subject to I'lannina Commission or City Council review and approval, particularly public utility upgrades to existing facilities. This bode governs ne«- construction related to utilities, with the requirement that ne«~ constriction must underground their utilities. Existing utilities and ups*rades of utilities are not subject to the Planning Commission's revie«- or approval. Walaren su~~ested that Mr. Carlson ~~-ork ~;-ith PG&E and. if that is not satisfacton_~. to meet ~i-ith the representatives of the Public Utilities Commission. Chair Patrick suggested Mr. Carlson follow staff s recommendations. Report of Posting agenda Pursuant to Government Code ~~19~4.2, the avenda for this meeting was properly posted on Januarn° 23, 1998. y v Technical Corrections to Packet PlanninU Commission 1~~linute~ January 28, 1998 • Page 2 ~?~~alYren reported that a letter was received from Chuck Bommarito. representative of Pinn Brothers Construction. requesting that Item 2 be postponed until the Februarn• 11 public hearing. Tlus item was heard at our last public hearing and resulted in a 33 tie vote. Tie votes are automaticall}~ continued to the next available meetinL for a re-vote: a second tie vote ~i-ould be a denial. The applicants have chosen to postpone the item in order to Rive them time to revise the plans. which «-ill be presented at the Februan 11 public hearing. This is the first applicants request for a continuance. so police is that it is automatic, not subject to a vote, and no continuance fee is collected. any additional continuances would result in collection of a fee. and the item «-ould be subject to a Commission vote and approval. CO\SENT CALE\TDAR PUBLIC HEARhiGS 1. UP-97-010 (_AP\ 389-19-031) - \EXTEL CONIMUNICATIONS/TURKL~S, Southwest Corner of Sousa Lane and Quito Road; Request for Lse Permit approval to construct 70 foot tall monopole personal conununications services antennae which would replace an existing PG c&. E pole on the lot at the south~~-est corner of Sousa Lane and Quito Road adjacent to Hivhway 8~. (CONTINUED FROI<I 12/10/97) y «~algren presented the staff memo. The pubic hearing ~r•as opened at 7:~~ p.m. Commissioner Bcrnald stated that she had spoken with Dave Hardy at the co~mter on Tuesday. January 20. Dave Hardy, applicant's representative, confirmed his meeting with Commissioner Bernald, the purpose of which was to be sure he would be providing the kind of information the Commission was requesting. He discussed the advantage of the tree pole. urging approval of the project as submitted by Nextel. Commissioner Pierce asked whether eliminating the six antennas and putting them in the tree pole. if approved. will still leave a telephone pole on the propert~~, and was told a telephone pole ~;ill remain. Commissioner Pierce confirned there would then be two boxes. Chair Patrick asked «hat will happen in the firture relating to technolog~~, and was told the main changes ~~-ill be in the electronic equipment, that it «-i11 get smaller. Commissioner Bernald asked «-hv their pole would be too tall if they used the alternate site of the PG&E pole. Hardy said that beinv too high on the pole can cause the signal to overshoot the area instead of focusing on calls in the local area. Commissioner Bernald asked if this situation could be engineered. IIardv said the ~~°a~- to engineer it is to ~o above the wires or belo~;-the «ires. Commissioner ~iartlage said that her understandin~* is that Nextel's proposal still calls for the equipment building to be 10' by 20'. Nei~~hbors ~~°ere present and expressed their objections and concerns about this project. includin~T the Planning Commission 1~linutes• • Paae January 28. l 998 location and size of the equipment, maintenance of the property. lack of installation of an irrigation system, and devaluation of neighbors' properties. ~ neighbor raised the issue of compliance «-ith ti~easure G. and asked if there ryas an EIR or a negative declaration. ~'~~alaren responded that an Environmental Initial Study and a draft I~Te<~atiye Declaration ~yere presented at the December 10 hearing and are still open and available for public revie~y, and subject to Planning Conunission consideration tonight. The initial checklist primarily is the basis for the \eaatiye Declaration. also relying on the parameters of the FCC pct of 1966 and the Health and Safety Standards .Act. Commissioner Bernald asked ~'~~algren to address the concerns about maintenance of the property. He responded that eye do have a maintenance agreement. so if 2~% of the plants that are installed are not suryivinv, eye have the authority to require that those be replanted. Because of the nature of the property and the difficulty of proyidin~~ a permanent irrigation s~-stem. that was not a requirement. The requirement «-as that the plants be irrigated until they are self-sustaining. ~'1'e have a continuing maintenance agreement that if they are not surviving. they can be replanted, and that ~yould reinitiate the requirement to bring «-ater trucks to the propem- and irri~~ate the site. Commissioner i`lartlage asked ~yhether a tree pole is available that the neighbors might go to see. The public hearing „~as closed at 8:40. Commissioner Bernald said they- have a letter from Lee Lesh and ~yanted to yerifi~ his statement that appro~imateh~ 1 ~ rears ago the cite elected to change the zoning from C-\ to R-1. ~~~ algren confirmed that R-1 is correct. y Commissioner Pierce «~as concerned that this might not be the correct site. and neighbors are reticent to go alone «.-ith the project. He is unable to support the application. ~yhether the original proposal or staff s recommendation. Commissioner Bernald «-as concerned that putting the pole and the building on the site does not keep it in character «-ith a residential area. She feels there are altematiye areas that would be more correct and cannot support the application. Commissioner ~lartlage felt the equipment building is too big for this spot. She believes that nev~~ technolo~w w°ill do~~nsize the structure, so did not see a point in putting up such a big structure no«°. Chair Patrick said that. in order to support the project. she ~yould have to be com~inced there were no other alternatives for site location. that the neighbors «-ere happier than she heard here, and that the tecluiology couldn't be smaller in some ~yay. Chair Patrick said it appeared the applicant «ould not be Letting approval tonight. "I~he Commission ~~aye the applicant the opportunity to re-open the public hearing only for the purpose of attempting to meet any of the requirements or to comply ~yith any_ thine heard. If~the applicant ~~~anted a rote and to take it on to the City Council, that ryas also an option. The applicant requested a rote. BER:\T aLD/PIERCE MOVED TO DENY t P-97-010; DE\IEll 4/0. Planning Commission Minute • Page 4 January 28. 1998 y ~'~'algren believed the points were made clearly enough that he would consider the resolution as being adopted this evening. and it could be drafted tomorrow for the chairperson's sib*nature. He did not feel the resolution would need to be brou~~ht back on the February 11 agenda. unless the Planning Commission would prefer to see it before they adopt it. Planninv Commission concurred. Vic Monia felt that if this is an R-1 district. and if the applicant comes back on this property. the Conunission «-i11 need an opinion from the Cite Attorney on whether or not that is in violation oti i\~leasure G, as Measure Gs words specifically say that you cannot increase intensity use. 2. DR-97-012 (.AP\' 397-42-018) - PI\N BROTHERS CO\STRUCTIO\ I\C., 14168 Taos Court; Request for Design Revie«- approval to construct a x,998 sq. ft. one-store home at 20 feet in height. `fhc lot is X9,289 gross sq. ft. and is located in an R-1-40.000 zoning district. (COl\TI\=UED FROM 1/14/98). APPLICA\T REQtiESTED ~ CO\TI\UA\CE TO 2/11/98. 3. DR-97-028 (503-16-090) - BL:~CK~VELL BROTHERS llEVELOYit'IENT CO., 18850 Bella Vina; Request for Desi~~n Review approval to constrict a ne«- 4,997 sq. ft. t~i-o-stop- residence on a ne~yly created parcel, lot 3 of the Bella Vina Subdivision. The site is 7??17 sq. ft. (~~,081 sq. it. net) located within the R-1-40,000 zoning district. ~Valgren presented the staff report. The public hearing ~~~as opened at 8:50 p.m. Chris Spaulding, applicant's representative, addressed an item on the staff report relating to color and material schemes for this house. 1~his one is proposed not to be stucco «-ith a slate roof, but a shinvle house with a comp shim=le roof. Site ~-i11 not be ~~isible, except for one neighbor to the north. the Hulmes. The bridge has been designed in the onl~~ practical place. The Fire Department requires a larve turninv area for their apparatus. The house has been placed to the south. ~a-ithin the setbacks and easements required for the creek and sanitarS- sewer: we tried to make the house predominantly one story so as to keep the exposure from the etistinv house to the north as low as possible. Our elevations shod- that the only second store ~-indo~i~s that look that direction are a small bathroom ~yindo~y and t«-o small windo«~s in a playroom. Further, we tried to save a tree to the north to try to get some shelter behyeen the rivo houses. Commissioner Pierce «-ondered «-hat the limitations are in rotating the house so that the front «-as facing more toward the bridge and .vas told the turnaround required by the Fire Department «-ould not fit. Chair Patrick felt the driveway appears to be right along the property line, which faces the "only neighbor whose ~°ision is at all impaired b}' this house; it seems to be ~-ery intnasi~-e to the onl~~ people ~yho are there. Vl~'algren said that a letter was recei~~ed this evening and distributed to the Planning Commissioners from John and Susan Hulme, ~yho live directl~~ adjacent to the property. The Hulmes are here to present their points, so ~Valgren ~yill not read the letter into the record. Planning Conunission Minute Januar~~ 28, 1998 • Page \eighbors attended the meeting and expressed their concerns about the propem~ setbacks being closer and closer to the houses; that neighboring properties should be taken into consideration as ne«~ properties are deg=eloped; that landscaping has been put into the creek beds and that protection of the creek cannot be enforced: and that more time was needed to look over other alternatives for the property. John Hulme, 2096 Comer Drive, said that people previously «ould have to cross his propertm• to get to this house. and was concerned about the bridge and the orientation of the house. Commissioner Martlage asked if i~1r. Hulme ~~-ould entertain the idea of an access easement across his property rather than have the access across the creek. A-1r. Hulme said he would probable not consider it. Greg Blackwell. ?0011 Bella Vista, said the bridge was not put in with the improvements because there was a possibility that they would be going into a contract to sell the propem~ to Mr. Hulme. and that the applicant «-as never interested in an easement over his property-. The house was desi~=ned to be as far a~;~av_ from the Hulmes as possible. Commissioner Bernald asked R~ir. Blackwell why the bridge is located ~yhere it is. and was told that it is located at the narrowest part of the creek where it can cross. The public hearing was closed at 9:1~ p.m . Commissioner Martlage was concerned about the placement of the house and felt it appears to intrude on the neighbor's back yard. Commissioner Pierce felt the bridge will be adequate to handle creek ~yatcr Ilo~i•; he ~~~ould like to see aii attempt made to turn the house to face more of the creek area. The design of the nyo-stor~• part of the house, ~.vhich seems to be dropped on top (`box on box"j is not attractive. He said he would have no problem ~yith the floor area exception being made. Commissioner Bernald was surprised to see a new home ~~~ith the "box on box' feature built in from the beginning and ryas having trouble «-ith the siting on the property as well as the length of the drive~~~a~= as a result oftttrning the house around. A different floor plan or a different siting might have been better. Chair Patrick likes the design but is concerned about the siting and the length of the driveway. She ~yould like to see some consideration given to a re-sitin~~ the house. Chair Patrick stated that the four commissioners present «-i11 not vote to approve as proposed. She asked the applicant if he ~yould like to request a reopening oi' the public hearing to come back ~yith something else, stating that overlays showing why it can't chance ~yould be appropriate as «-e11. She suggested the applicant speak with staff to clarii~- «-hat the Commission is asking. PIERCE/BER~iALD i~IOVEll TO REOPEN THE PUBL[C HEARING FOIL THE PURPOSE OF CO\TI\TLING IT TO THE 2/11/98 STUU~' SESSION; PASSED ~/0. There was a break from 9:2~ to 9:30 at the request of Chair Patrick. Platming Commission l~~linutes• Januar~~ 28. 1998 • Pa~,*e 6 ~. V-97-013 (.4PN 503-~~-22) -WILD, 14634 Ambric Knolls Road; Request for Variance approval to permit an elistin~= carport (built by a previous owner without permits) that is 13 feet from the side property- line ~yhere a 20-foot setback is required. Separate from the Variance request. the applicant will also apple for building permits to legalize an existin~~ 94 sq. ft. addition to their one-stor<• home and a 700 sq. it. detached garage. 10.E feet in height. The propert~~ is 1.06 acres and is in the R-1-X0.000 zonings district. ~?~'algren presented the staff report. The public hearing ~r-as opened at 9:3~ p.m. Gar~~ Schloh, architect representing the o~~ner. said that ~~lr. ~'~'ild had asked that they make ever~~thing on this propert~~ compl~° to current City codes and requirements. He complimented staffon their report. The public hearing ~r°as closed at 9:38 p.m. Commissioner ~~iartlaQe felt the application provided the best solution given the lay of the property-. Commissioner Pierce was pleased that i\~lr. ~~%ild chose to come to the Gity and to hire someone like ~.~Ir. Schloh to make the propert~• appropriate wider our code and regulations, and is able to support the application. Commissioner Bernald felt it appears to be «°ell integ=rated into the plan. and since there have been no complaints over this period of time, she has no problem supporting it. Chair Patrick said she ~~'ould be concerned it' there were neighbors concerned about the setbacks. but other than that, there seems to be no problem. and it seems appropriate. BERNALD/PATRICK ~'IOVED TO APPROVE ~'-97-013; APPROVED 4/0. 5. 1P-93-00.1 & V-93-016.1 (.aPN 386-46-OOS) - VALLANCE~`, 12580 Paseo Cerro; Request for clarification of UP-93-00~ and ~'-93-016 so as to expressly permit use of conversed carport as guest househabitable space. ~Valgren presented the staff memo. Commissioner 1~lartlage asked for confirmation of the restricted hours. ~Val~=ren stated that the limiting= hours are 1:00-6:00 a.m.. and that the time restriction comes from our commercial zonings ordinance. which prohibits 24-hour businesses: the time was chosen because it was consistent with an e~istin~s ordinance. The public hearing ~i•as opened at 9:=14 p.m. Mark Vallancey, applicant. said the building was originally to be used as a darkroom. He made several changes to impro~-e the propem~ and felt his neighbors «-ould agree that the propem-looks better no«-. "hhe Planning Commission iVlinutes• ~ PaQe 7 ,Ianuar~- 28. 1998 V house does not hay-e a lot of llexibilit~, and he is looking for a~1 overflo~~ bedroom. a general utilit~• room. Neighbors attended the meeting and spoke in support of the applicant and his proposal. Thee felt that the curfe«- recommended «~as far-reaching and that placing a commercial restriction on a residential propem~ ~~~as not appropriate. Chair Patrick commented that one of the speakers «~as at the meeting of October 27, 1993. and according to the minutes. he assured the Commission that the structure ~~°ould onl~• be used as a garage. «~orkshop, and bathroom. and not a d«-ellin~ unit. Her sense «~as that he did not feel there ~~~as an~~ ambiguity in ~~-hat «~as appro~-ed at that time. The public hearing ~~~as closed at l O:OS p.m. Commissioner Bernald requested information from the Cite ~ttorne~~ about legal parameters for second units and d«~elling units. The Cite ~~ttorne~~ said that the primar~• difference bet~i~een a second unit and a guest house is defined as a temporar~~ or accessory- use and not intended for separate livin~~ quarters. "l~he conditions and appro~~als imposed «-ould be ~i~hat the Commission feels «~ould be necessar~• as an accessory use. Chair Patrick asked that the City Attorney define a d«-ellinv unit. The City :attorney read the definition from the code. V Commissioner Pierce felt that the l :00-6:00 restriction is difficult to enforce. and felt that the solution is to require that the bathroom be taken out. He ~-ould support a requirement that the bad~room facilities be removed. as yell as the main kitchen facilities. eliminatin~* any need for the 1:00-6:00 restriction. Commissioner ~•lartlage asked ~yhere the phrase ``intensity of usa~c'` comes into pla~~, ~yhether ~yith this project. or making the distinction bet~yeen a west house and a second unit. She said if intensit~• abuse ryas defined any~yhere. or ~-hether there are informal definitions used by staff. ~'~'algren said the terninoloQ~- in the staff report is the result of almost a year's ~;°orth of invol~-ement ~z-ith our code enforcement staffand discussions ~yith the applicant's representative. Commissioner Bernald ryas concerned about the kitchen. and is uncomfortable ~yith oyeriurnin~ yen' strong feelings that came from a previous Plamlina Commission. She said there are four Commissioners here that ~yould be concerned ~yith creating a situation such as the one the applicant has created. ~?~~algren asked if there ryas some consideration to ask the applicant to choose bet~yecn the t~yo, or making a motion to go ~~-ith one or the other. Commissioner Pierce stated he still thous=ht the 1:00-6:00 restriction ~yould be difficult to enforce. Chair Patrick suggested to the applicant that he can choose to go alone «-ith the staft~s recommendation or that he can choose to take out the bathroom. Tither .;-av. it becomes more like a Quest bedroom_ if that is the ~~ay the applicant chooses to use it. She ryas not inclined to approve this because it is an expansion of Planning Commission ~linute~ ,Tanuar<• 28. l 998 the original use. Pa~~e 8 PIERCE/PATRICK, ON UP-93-005.1 AND V-93-016.1, i<IOVED TO APPROVE THE STAFF'S RECOii'I~'[ENDATION WITH THE- ADDITIO\AL OPTIOi\ THAT THE TI'~IE RESTRICTION ~'~'ILL BE Il`T PLACE I:NTIL SUCH TIME AS THE APPLICANT, 1TR. ~'ALLANCEY, CHOOSES TO RE1ViOVE THE BATHROO~T FACILITIES AND THE KITCHEN FACILITIES; APPROVED 4/0. 6. UR-97-054 & UP-97-014 (366-29-009 & 366-29-007) - PE\1NSL?LA RECREATION, 1\`C.; 21990 Prospect Road; Request for Design Revie~i and Use Permit approval to construct an addition to the existing clubhouse (including an elevator and remodeled exterior), a new pro shop which ~i-i11 be approximatel~• 1.100 sq. ft., a ne«- obser~~ation deck beta°een the tennis courts. and ~0 new parking spaces. The site is approximately 3=1.4 acres, located within the Hillside Residential zoning district. ~Valgren presented the staff report. The public hearing eras opened at 10:29. Bill 1\~lasten, project architect. said they concur «-ith the staff report. and hope the Commission will also approve the application. Commissioner Martla~e asked why an out-building containing rest rooms was not considered for the site, as plumbing and electricity already exist there. ~~9asien said the site ~i-as chosen specifically to maximize existing parkin. 1t also has to do ~~°ith visual accessibility for groundskeepers and course maintenance people. y The public hearing «~as closed at 10:32. Commissioner Bernald said that evcr~•thinu looks good to her. Commissioner Pierce said he's happy to see the expansion, and he can support it. Commissioner vlartla~e concurred. Chair Patrick also concurred. BERNALD/v1_aRTLAGE MOVED TO APPRO`'EUP-97-014; APPROVED 4/0. BEIt\ALD/I~ZARTLAGE it'[OVED TO APPROVE DR-97-054; APPROVED =I/0. DIRECTOR ITE11S 1. Rescheduling Retreat Planning Commission Minute • Pa~~e 9 January- 28, 1998 v ~'~'al~ren said the retreat ryas postponed because so mane Planninv Commissioners were unable to attend and that .ye are not fully staffed right nosy. ~'~~e ~~°ould like to do it «-hen all the Plannin~~ Commissioners are available, and ~~°e ha~c our ~~acant position filled. The tentati~~e date is ~~larch 27. '_. Recruitment for assistant Planner ~~'e are in the process of recruiting for the position formerly° held by Carol Deming. Vl'e had hoped to use the candidacy list from ~;-hen ~i-e hired John Cook. but all of the good candidates on that list have jobs they- are happ~~ ~yith. a'l`e have to go throu~~h a full recruitment process. and eye will be bringing someone in on a contract basis to help us get over the backlo~~. 3. Coffee at Commission ~~Ieetinss Vl'al~ren polled the Plannin~T Commissioners to see if any are using the coffee in the lobby. They responded that then are not drinking it, and a decision «-as made not to provide colfce at future meetings. CO1tIMISSIOiy ITEMS 1. Appointment of ~cw Bicycle Advisory Committee Member RER_\'aLD/PIERCE ~IO~'ED TO \Oit1INaTE CHERYL ~~IaRTLAGE aS THE \E~'~' 1~IE~TBER OF THE BICYCLE ADVISORY C01~1tiTITTEE; APPROVED ~/0. ~4'algren told Commissioner Martlage that Erman Dorsey is our staff person to the Bicycle Advisory Committee. and that she can feel free to contact Erman or himself if she has questions. 2. Planners Institute Conference ~'l'algren ~yanted to verify «-ith the Commissioners the level of interest generated for attending this conference scheduled for March ~-7. Roughly 51.70 has been set aside for this event. Commissioner Martlage said it has been su~~~ested that she attend: ~~'algren said that he would attend as "-e11. Other Commissioners ~;-i11 be contacted. and further discussions will be held. COit7~iUNICATlO\ S ~'~'ritten Cite Council Minutes dated .lanuar~~ 7, 13 and 1~. 1998 \otices for Planning Commission Meeting of February 11, 1998 ADJOUR\TItIEi\11T - 10:~~ p.m. to Vl~ednesdav. February 11, 1998._ Civic Theater 13777 Fruitvale Aycmie. Saratoga. CA