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HomeMy WebLinkAbout06-22-2005Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 22, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hunter, Kundtz, Nagpal, Schallop (arrived at 7:04 p.m.) and Uhl Absent: Commissioner Rodgers Staff: Director John Livingstone and Planning Intern Suzanne Thomas PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of June 8, 2005. Motion: Upon motion of Commissioner Kundtz, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of June 8, 2005, were adopted as submitted. (4-0-2-1; Commissioners Rodgers and Schallop were absent and Commissioner Uhl abstained) ORAL COMMUNICATION There were no Oral Communication items. Chair Nagpal asked that the record show the arrival of Commissioner Schallop at approximately 7:04 p.m. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 16, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal 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. CONSENT CALENDAR There were no Consent Calendar items. Planning Commission Minutes for June 22, 2005 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION # 04-045 (397-06-064) - CHIU, 18495 Woodbank Way; - Request Design Review Approval to add approximately 2,908 square feet to the existing 3,199 square foot single story house for a total floor area of 6,108 square feet. The project will also include a 2,337 square foot basement. The gross lot size is 64,904 square feet and zoned R-1-40,000. The maximum height of the residence will be approximately 26 feet. (SUZANNE THOMAS) Planning Intern Suzanne Thomas presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow a 1,700 square foot addition to the main floor, and 1,200 square foot addition to the lower floor for a total square footage of 6,108 square feet. A 2,337 square foot basement will also be added. • Described the parcel as consisting of 64,904 square feet and zoned R-1-40,000. • Added that the maximum height would be 26 feet. • Said that there are homes of varied age and architectural design in the area. This proposed structure would consist of beige stucco with white trim and concrete roof tiles. • Informed that this project is consistent with required findings. It is not in a view corridor and there are no view impacts. There do exist mature trees. Nine walnut and two palm trees are proposed for removal and replacement. The walnut trees are determined to be in poor condition while the palms are in good condition. Thirty-four new trees will be planted on site including 10 Douglas Firs. • Said that the proposed addition adds character and interest. It is compatible as far as bulk and height. The project conforms to grading standards with 900 cubic yards of cut and fill. The project meets Design Review policies regarding bulk and privacy. The project includes a 525 square foot three-car garage. • Advised that there has been no negative correspondence regarding this project from the neighbors. • Added that the project is consistent with the General Plan. • Said that staff had initially been concerned about the proposal to locate the driveway pad at the lot line but the driveway has since been moved in by five feet. • Recommended approval. Commissioner Uhl said that although staff is reporting that no negative correspondence has been received from nearby neighbors, he was wondering if any signed correspondence at all was received about this project. Director John Livingstone replied that staff only includes neighbor correspondence if it is negative. Staff has not been adding signed letters in the staff reports if they are from neighbors who are simply acknowledging being informed about proposed plans by the applicant. He said it would be possible to do so in the future if this is the desire of the Commission. He suggested that this issue be discussed further later in the Agenda under Commission Items. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. John Chiu, Applicant and Property Owner, 18495 Woodbank Way, Saratoga: Planning Commission Minutes for June 22, 2005 Page 3 • Said that the required acknowledgement forms were indeed signed by his adjacent neighbors as required. • Stated that he is excited to be before the Commission this evening with his proposed home design, which he has been working on for three years now. • Assured that this would represent a significant upgrade to the existing house and that elements from the Design Handbook have been incorporated. • Said he is a long-time resident who grew up in Los Gatos and has lived in Saratoga for the last five years. • Said that he plans to stay in Saratoga for a long time. • Thanked the Commission for its consideration. Commissioner Cappello asked Mr. John Chiu if he has received positive feedback from his neighbors. Mr. John Chiu said that the Foxes thought it was nice. The neighbors in the back had only one concern, that there might be privacy impacts. Once they realized that there were no impacts, they are fine with this proposal. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter said that this project looks great and wished Mr. John Chiu and his family good luck. Commissioner Kundtz said that this is a wonderful property and an ambitious project. It will be an asset and upgrade to that corner of the road. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kundtz, the Planning Commission granted a Design Review Approval (Application #04-045) to allow a residential addition on property located at 18496 Woodbank Way, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal and Uhl NOES: None ABSENT: Rodgers ABSTAIN: Schallop *** PUBLIC HEARING - ITEM NO. 2 APPLICATION # 05-128 (386-10-043) FILIZELTI, 18570 “A” Prospect Road; - Request for a Conditional Use Permit to allow a Dental Office in an existing tenant space located in a Neighborhood Commercial Zoning District. (SUZANNE THOMAS) Planning Intern Suzanne Thomas presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a dental office in an existing 1,200 square foot tenant space at the Westgate Corner Shopping Center at Prospect and Lawrence Expressway. Planning Commission Minutes for June 22, 2005 Page 4 • Explained that this use requires approval of a Conditional Use Permit in a Neighborhood Commercial Zoning District. • Said that the Municipal Code encourages a variety of uses and services in the City’s Commercial Zoning Districts. This proposed dental practice would be the only dental use in this Center. • Advised that staff is discouraging any additional dental uses in this Center after this one. • Reported that this project meets the required findings, as it is not detrimental to the health, safety and welfare of the community. • Added that the parking requirement for a dental office is the same as the requirement for retail use so there is adequate parking provided to support this use. • Said that this dental office would be beneficial to all uses at the Center and would serve as a compliment to other services offered. • Stated that the hours of operation would be from 9 a.m. to 6 p.m. from Monday to Friday and from 10 a.m. to 4 p.m. on Saturdays. • Advised that no correspondence has been received and that the existing tenants and property owner are supportive of this proposal. • Said that the necessary findings can be made in the affirmative. • Recommended approval and reported that the applicant is available this evening. Commissioner Kundtz pointed out the policy to encourage of a variety of uses. Commissioner Cappello asked if tenants and/or business owners are also notified of this public hearing or just the property owners. Director John Livingstone replied that the property owners are notified. Chair Nagpal pointed out that the applicant also talked to the existing tenants. Commissioner Uhl asked if there was any notification posted on site. Director John Livingstone replied that he was not sure. Chair Nagpal opened the Public Hearing for Agenda Item No. 2. Mr. John Machado, Representative for the Property Owner and the Doctor: • Advised that the management provided notices to the tenants. The owner and manager discussed this proposal with the tenants. • Explained that this center is evolving from retail sales to more service oriented location. Said that such centers help to reduce trips as customers can accomplish multiple tasks with one stop. With several services accomplished per trip, there is less traffic. • Said that he also spoke with the adjacent car wash group. They too were supportive. • Advised that a lot of cross shopping already occurs. Commissioner Hunter asked if this is a pediatric dental practice. Mr. John Machado: • Replied that this is a family dentistry practice. Planning Commission Minutes for June 22, 2005 Page 5 • Said that we are seeing more of quasi retail uses coming into these types of centers. It’s an evolution of what is going on in retail. • Agreed with staff’s recommendation that no further medical and/or dental uses be established in this center. The dental practice would be joining an existing optometrist’s office in this center and would represent the extent of medical/dental uses in this center totaling 2,400 square feet in space. Commissioner Kundtz asked what is the basis for the decision to develop diversity in proposed tenant uses in this center. Mr. John Machado reported that two dental practices had wanted to come to this center. This applicant was chosen because it is more of a family-oriented practice that includes Saturday hours. Commissioner Kundtz asked if there were any straight retail candidates interested in this space. Mr. John Machado replied no. He added that he appreciates the Commission’s consideration of this request. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. Commissioner Cappello agreed that a dental office lends itself to the family nature of this center and helps to offer a nice rounded mix of businesses. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission approved a Conditional Use Permit to allow a dental office in an existing tenant space located at 18569 Prospect Road, Unit A, by the following roll call vote: AYES: Cappello, Hunter, Kundtz, Nagpal, Schallop and Uhl NOES: None ABSENT: Rodgers ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Commissioner Hunter said that she wants to see any neighbor comments received, be it negative or supportive, included in the staff reports. Commissioner Uhl agreed that it is nice to see both types of comment. Chair Nagpal said that she supports the practice of providing all comments received for a project if there are any negative comments received but can support excluding the neighbor letters if it just represents a signature acknowledging being informed of a proposed project. This could help save paper. Planning Commission Minutes for June 22, 2005 Page 6 Commissioner Hunter said that she likes the practice of producing reports in double-sided copy format. Chair Nagpal reiterated her belief that if all that is provided is signatures; these forms don’t need to be provided. Director John Livingstone said that in the future if there are comments, staff would let the Commission see all of them. Commissioner Hunter clarified that she wants to see all comments received every time. Director John Livingstone said that as a submittal requirement, the applicant must submit comment forms from neighbors. Commissioner Schallop suggested that these comment sheets could be provided to the Commission in PDF format via email. Director John Livingstone said that this technology might be too advanced for the City at this time. Chair Nagpal said that it appears the consensus is to include all forms received from neighbors in the staff reports. Commissioner Cappello said that if no added comments are provided with the signatures on the form, it might not be necessary to receive copies if the fact of receipt is documented in the staff report. However, if there were any specific comments provided by the neighbors, he would want to see those. Director John Livingstone said that since it is apparent that several Commissioners want this information provided each time, staff would include it from now on. He added, for the record, that the Planning Commission packets are always reproduced as double-sided copies to conserve paper. Commissioner Hunter: • Reported her attendance at a Historic Preservation Workshop held today that was hosted by the City of Campbell and attended by 62 planners and preservationists from as far away as Berkeley onward. • Said that the group was provided with a tour of the Ainsley House and that she also visited Downtown Campbell. • Thanked the City of Campbell for putting this event together. • Explained that the subject of this workshop was how to preserve using the Department of Interior Standards and the speaker was the State’s Head Preservation Architect. Chair Nagpal reminded of the July 27th Study Session and pointed out that only four of the Planning Commissioners are available. Commissioners Rodgers, Hunter, and Schallop are to be excused. Commissioner Schallop said he had thought that meeting would be cancelled. Chair Nagpal said that it could not be since there is a full agenda scheduled and a quorum can be achieved. Planning Commission Minutes for June 22, 2005 Page 7 Director John Livingstone explained that he had sent out an email to each Commissioner to determine availability for meetings for the remainder of the summer. The second meeting in July has too full an agenda to cancel. Suggested that it might be possible to cancel the second meeting in August instead of the first meeting in August. Commissioner Kundtz asked if it still makes sense to move forward with this Study Session even if only four Commissioners can attend. Director John Livingstone replied yes. He said that changing the date would move it to late August. He said that a Study Session is not mandatory. Chair Nagpal supported the idea of the Study Session. Commissioner Hunter asked when this item would come before the Commission. Director John Livingstone said the date is tentative to this point. Commissioner Hunter cautioned that the public might feel that they have been given no opportunity to participate in this Study Session if it is held in July when so many people are on vacation. Commissioner Schallop said that he has no problem with the Study Session going forward even though he cannot attend it himself. He added that he didn’t think it was actually that necessary. Chair Nagpal asked if the Study Session could be continued. She asked if the public could speak at this Study Session. Director John Livingstone replied yes. He added that it would be held at the City’s Prospect location. Chair Nagpal reminded about the July 6th joint session with Council. Commissioner Uhl asked what time this meeting would be held. Commissioner Kundtz replied 5:30 p.m. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Uhl, seconded by Commissioner Kundtz, Chair Nagpal adjourned the meeting at 7:35 p.m. to the next Regular Planning Commission meeting of July 13, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk