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HomeMy WebLinkAbout03-23-2005 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, March 23, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl Absent: Commissioner Zutshi Staff: Interim Director John Livingstone, Associate Planner Ann Welsh and Contract Planner Deborah Ungo-McCormick PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of March 9, 2005. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Nagpal, the Planning Commission minutes of the regular meeting of March 9, 2005, were adopted with corrections to pages 4, 5, 7 and 11. (6-0-1; Commissioner Zutshi was absent) ORAL COMMUNICATION There were no Oral Communication Items. REPORT OF POSTING AGENDA Interim Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 17, 2005. REPORT OF APPEAL RIGHTS Interim Director John Livingstone announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b); 10 days for Conditional Use Permits. Planning Commission Minutes for March 23, 2005 Page 2 CONSENT CALENDAR There were no Consent Calendar items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #04-396 (397-17-008) – BARRINGER, 14535 Fruitvale Avenue: Request for Modification of Approved Plans. The modifications include a new 2,200 square foot pool cover structure and a 434 square foot patio cover addition to the guest cottage. No changes are proposed to the approved floor area for the site. The pool cover and patio cover structures will not exceed 15 feet in height. Total site coverage will not exceed 35 percent. The lot size is approximately 45,292 square feet net and the site is zoned R-1-40,000. (DEBORAH UNGO-MCCORMICK) Interim Director John Livingstone introduced Contract Planner Deborah Ungo-McCormick to the Commissioners. Contract Planner Deborah Ungo-McCormick presented the staff report as follows: • Advised that the applicant is seeking Modification of approved plans for a house currently under construction but not yet finaled. Since the project has not yet obtained final occupancy, major changes to the approved plans are brought back before the Commission. • Reported that the additions include a patio cover for the guesthouse and a pool cover. The pool cover consists of 2,200 square feet and the patio cover is 434 square feet. • Explained that there are no changes to the FAR since these covers represent open design and as such are not counted against FAR. • Stated that the project conforms to imperious surface and height limitations. A nearby Oak tree will be protected. Additionally a bond had initially been secured for the protection of trees on site during the construction process. • Said that six new trees are proposed along the rear fence to fill in a screening gap. The proposed tree species is Redwood. • Reported that the neighbors have been notified of these proposed changes. The applicant presented their plans to the neighbors and no objections were raised. • Stated that the required findings have been met and staff is recommending approval with conditions. Chair Garakani asked staff what building materials are proposed for these additions. Planner Deborah Ungo-McCormick replied stucco and tile roof. The pool and patio covers are compatible with the materials of the home. The patio cover for the guesthouse is an extension of the roofline. Commissioner Rodgers asked whether the use of roll down screens around the pool cabana could be considered walls. Planner Deborah Ungo-McCormick replied that if these screens were temporary they would not result in the space being counted against FAR. Only permanent habitable space is counted as FAR. Planning Commission Minutes for March 23, 2005 Page 3 Interim Director John Livingstone added that there are no problems using such temporary roll down screens. Commissioner Rodgers asked if the outdoor wood-burning fireplace is counted against allowable on site fireplaces. Interim Director John Livingstone replied no. Only those wood burning fireplaces within a dwelling are restricted to one per structure. Outdoor ones are okay. Commissioner Nagpal sought clarification that if this project had already received final occupancy, this project would normally have been handled at staff level. Interim Director John Livingstone agreed that this issue would probably be handled administratively through an over-the-counter review. The Community Development Director does have the option to bring such a request to the Planning Commission. Commissioner Nagpal asked if the drainage plans would need to be revised as a result of these modifications. Planner Deborah Ungo-McCormick assured that a drainage plan has been submitted and that the site would drain properly. Commissioner Uhl pointed out that the requirement for six Redwood trees at the rear yard property line is not included in the conditions. Planner Deborah Ungo-McCormick advised that they are depicted on the site plan. When things are included on a site plan, they become a part of that approval. She added that the condition could also be inserted into the resolution. Interim Director John Livingstone suggested additional language, “Plans must be as approved per Exhibit A.” Chair Garakani asked for the distance between the house and pool cover and whether it is about 10 feet. Planner Deborah Ungo-McCormick replied that 10 feet is the minimum required distance between structures. This pool cover and patio cover meets the minimum distance. Chair Garakani asked for clarification as to when this space is counted as FAR. Planner Deborah Ungo-McCormick replied that when they consist of a minimum of three permanent walls. Commissioner Hunter asked if the existing moratorium applies in this case. Interim Director John Livingstone replied that the moratorium deals more with front yards. This is a borderline situation. Planning Commission Minutes for March 23, 2005 Page 4 Chair Garakani asked when this project started. Planner Deborah Ungo-McCormick replied about five years ago in 2000. Commissioner Rodgers asked whether a resolution had been reached between this applicant and the rear neighbor on the issue of fencing and trees. Planner Deborah Ungo-McCormick pointed out that Ordinance does not require a fence. Right now the existing fence is located on the rear neighbor’s property. This neighbor now wants a fence to be placed on the shared property line. The applicant has agreed to put the fence on the shared property line. Commissioner Rodgers asked if this fence could affect the setback for the pool. Planner Deborah Ungo-McCormick reminded that the required setback is to the property line and not to the fence. Setbacks are verified. Commissioner Nagpal asked when Design Review consideration occurs versus reviewing something as an unenclosed garden structure. Interim Director John Livingstone reminded that this is a Modification to an approved plan. The Commission is using the findings of the original approval for this Modification. Planner Deborah Ungo-McCormick reported that all original conditions still apply. Interim Director John Livingstone clarified on the issue of wood-burning fireplaces the fact that one is permitted per structure on a single-family lot, such as a main residence and/or guesthouse, or per dwelling unit in a multi-family residential project. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Ms. Lynn Barringer, Applicant and Property Owner, 14535 Fruitvale Avenue, Saratoga: • Explained that this pool and patio cover would allow them to extend the use of their yard during the year and lower maintenance requirements. • Thanked the Commission for considering her request and thanked staff for its assistance. • Stated that she was looking forward to a positive review by the Commission. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said this request is fine. Commissioner Uhl said it looked good to him. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Uhl, the Planning Commission granted the request for Modification of Approved Plans (Application #04-396) to allow a 2,200 square foot pool cover structure and 434 square foot patio cover addition to the guest cottage on property located at 14535 Fruitvale Avenue, with an addition to the landscaping requirement to include six Planning Commission Minutes for March 23, 2005 Page 5 Coastal Redwood trees as depicted on Exhibit A along the rear property line, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #05-052 (503-24-068) ROSENFELD/FRASIER, 14471 Big Basin Way, Suite D: Request for a Conditional Use Permit for Institutional Use to open Bridge Point Kids Technology Learning Center, which provides computer training for pre-school children through adult. The lease area is 1,515 square feet and is served by Parking District #3. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that this application has been withdrawn. *** PUBLIC HEARING - ITEM NO. 3 APPLICATION #03-272 (503-80-001) SHANKAR, 22461 Mount Eden Road: Requests Design Review Approval to build a new two-story house on a Santa Clara County parcel, which abuts the City boundary and is proposed for annexation to the City. The Hillside Residential lot contains 1.89 acres and has a 28 percent slope. The house contains 5,188 square feet with a 2,560 square foot garage/basement, a 533 square foot second dwelling unit and conversion of the barn into a 592 square foot cabana. The height of the house is 25 feet, 10 inches, as measured from natural grade. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the construction of a new home on a 1.89-acre parcel that is currently in County jurisdiction but is now in the process of being annexed into the City of Saratoga. • Explained that an inconsistency has just been discovered between the grading and site plans which results in the project being 3 feet higher than depicted on the architectural plans. • Reported that the applicant is requesting a continuance of this public hearing to make changes to the grading plan and to lower the home within the same footprint. Some retaining walls may also be necessary. • Suggested that the Commission open the Public Hearing, take testimony from anyone who wishes to speak and then continue consideration to a future meeting. Chair Garakani opened the Public Hearing for Agenda Item No. 3. Mr. Paul Scola, 22461 Mount Eden Road, Saratoga: Planning Commission Minutes for March 23, 2005 Page 6 • Said that since the recommendation this evening is for a continuance he would hold off on his final comments until after the new plans are prepared. • Stated that this project still appears bulky, even if it were to be dropped by three feet in height. • Said that this project is in the same place as a month ago. • Declared that it is insulting to have misrepresented the height on the plans. • Expressed concerns about the inadequacy of the story poles for landscaping. • Suggested that the trees proposed to provide screening are too small and the wrong species to provide adequate screening. Mr. Udaya Shankar, Project Applicant, 22461 Mount Eden Road, Saratoga: • Assured that he has incorporated all comments of the Planning Commission and from the Study Session. • Said that they just recently realized that there are inconsistencies between the grading and site plans. • Reminded that they have gone through six different revisions of plans and these inconsistencies were just found last week. • Said that they are proposing four 36-inch box trees near the balcony that will be 18 feet tall when planted. The trees for the property line are proposed at five gallon. • Stated that the story poles show trees at about two years’ growth. • Assured that the trees would cover the balcony but that the remainder of the proposed new trees are small. • Said that he hopes to come back to the next available meeting with corrected plans and said he was open to Planning Commission guidance. Commissioner Hunter asked who selected Douglas fir trees. Mr. Udaya Shankar said that they are proposing Monterey pines. If the plan says Douglas fir, he is willing to change that to Monterey pine. Commissioner Uhl agreed that this project has gone through many changes. He suggested that Mr. Udaya Shankar get together with his neighbor to discuss preferences for landscaping choices. He added that five-gallon trees are too small. Even 15-gallon trees are small. Mr. Udaya Shankar said that there are no specific guidelines on what is desired as far as landscaping. Commissioner Uhl cautioned that the Commission does not like to use landscaping to screen a house. Instead architecture should typically be adjusted to reduce visibility when necessary. He added that what is currently proposed as far as landscaping is simply not enough. Chair Garakani asked whether such extensive screening landscaping would be required if the house was simply 18-feet high. Commissioner Hunter said that it is unfortunate because the existing house is so tucked into the hillside. A new home will be more visible. However, landslide danger would be greatly reduced as a result of this new project. Planning Commission Minutes for March 23, 2005 Page 7 Mr. Udaya Shankar said that the story poles show the worse case scenario as far as landscaping. He reminded that the house and balcony would be three feet lower with the changes. Commissioner Hunter said the issue of retaining walls would still have to be discussed. Commissioner Uhl said that the project is close. The landscaping details just need to be worked out with the neighbors. Mr. Udaya Shankar asked if 15-gallon trees at the property line would be considered large enough. Commissioner Hunter warned that this is still a very small tree and they might need to go with the next larger size available. Chair Garakani reported that the next two tree sizes are 24-inch and 36-inch box trees. Mr. Udaya Shankar asked if the screening landscaping should be installed at the same time that the house is built. Commissioner Hunter replied that if the screening landscaping could be installed as soon as it possible that would be great. Commissioner Uhl reiterated that the landscaping proposed is not yet good enough. Chair Garakani added that the Commission believes that the screening landscaping needs to be as high as depicted on the story poles right away. Commissioner Uhl stressed the importance of working with the neighbors. Commissioner Rodgers reminded that the plans call for Douglas Firs. Commissioner Nagpal: • Said that the proposed house is not the best for this topography. • Agreed that the landscape issue needs to be worked out. While not all the trees have to be as large as those screening the balcony (36-inch box), a significant number of them should be as large. • Assured that the Commission is not asking for redesign. • Agreed that it would be nice if the screening trees could be installed as early as possible. • Said that the project is closer than it was to being approvable. Commissioner Rodgers thanked Mr. Udaya Shankar for making the changes asked for to date. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission CONTINUED consideration of Design Review Approval (Application #03-272) to allow a new house, secondary dwelling unit and conversion of a barn into a cabana on property located at 22461 Mount Eden Road to a date uncertain, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None Planning Commission Minutes for March 23, 2005 Page 8 ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 4 APPLICATION #04-039 (503-24-079) NEXTEL, 14407 Big Basin Way: Request for a Conditional Use Permit to install a wireless facility on the roof of the existing office building at the above location. The proposed facility includes GPS and panel antennas and a screen wall to mount the antennas. (JOHN LIVINGSTONE) Interim Director John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the installation of wireless antennas on an existing office building at 14407 Big Basin Way. • Explained that the installation consists of 12 antennas on a matching roof screen. The related equipment cabinet is located inside the building. • Said that this is an appropriate location and this installation would be unobtrusive as viewed from the street. • Explained that the project meets FCC standards and that the required findings to support this request can be made. • Recommended approval with conditions and advised that the applicant is available this evening for questions. Chair Garakani asked about a transmitter. Interim Director John Livingstone explained that the transmitter is located within the building because this roof is not designed to carry the weight. Commissioner Uhl asked if this is a possible co-location site. Interim Director John Livingstone replied that he would defer this question to the applicant. Chair Garakani opened the Public Hearing for Agenda Item No. 4. Ms. Stephanie Crespin, Applicant’s Representative, Nextel: • Reported that 12 antennas are requested so that they are able to expand in the future. They plan to start out with 9 antennas on this site. • Said that they often have co-location agreements with other carriers and it is up to the landlord as to whether to allow another carrier on their property. Nextel is open to co-locating with other carriers. Interim Director John Livingstone advised that per the Nextel technician some carriers have opposite frequencies and could be co-located on the same screen wall. Ms. Stephanie Crespin cautioned that it would be difficult of these antennas are located too close together. A couple of feet are needed between each one. Planning Commission Minutes for March 23, 2005 Page 9 Chair Garakani closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Chair Garakani, seconded by Commissioner Nagpal, the Planning Commission granted a Conditional Use Permit (Application #04-039) to allow a wireless facility on the roof of an existing office building located at 14407 Big Basin Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop and Uhl NOES: None ABSENT: Zutshi ABSTAIN: None *** DIRECTOR’S ITEMS Interim Director John Livingstone advised that training for the Commission has been scheduled for June 8th at 5 p.m. with City Arborist David Babby. Commissioner Hunter reported that she would be unable to attend on that date. COMMISSION ITEMS Chair Garakani extended his thanks to his fellow Commissioners, as this is his last meeting as a member of the Commission. Commissioner Hunter told Chair Garakani that he had been very devoted to his work on the Commission and that the City appreciates his efforts. Interim Director John Livingstone stated that City staff thanks Chair Garakani, saying it has been a pleasure working with him. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Rodgers, Chair Garakani adjourned the meeting at 8:05 p.m. to the next Regular Planning Commission meeting of April 13, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk