HomeMy WebLinkAbout07-13-2005 Planning Commission Minutes
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, July 13, 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, Nagpal, Rodgers and Uhl
Absent: Commissioners Kundtz and Schallop
Staff: Director John Livingstone and Planning Intern Suzanne Thomas
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of June 22, 2005.
Motion: Upon motion of Commissioner Cappello, seconded by Commissioner
Hunter, the Planning Commission minutes of the regular meeting of June
22, 2005, were adopted as submitted. (4-0-2-1; Commissioners Kundtz and
Schallop were absent and Commissioner Rodgers abstained)
ORAL COMMUNICATION
There were no Oral Communication items.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on July 7, 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 # 01-013 (393-25-024) ST. ANDREWS PARISH AND SCHOOL, 13601
Saratoga Avenue: - St. Andrew’s Parish and School requests Use Permit Approval to locate
several portables on the concrete basketball court at the West Field property for the students
to use for indoor physical activities during construction of the new gymnasium. St. Andrews
obtained approval in 2003 for the construction of new facilities. Each portable is to be size 12
feet x 60 feet. The portables are to be placed together to make up a "gym" area during
construction. The interior height of the portables is 9.5'. The exterior will be painted brown.
The portables are temporary for one year while the main gym is being constructed. The
primary hours are 7 a.m. to 4 p.m., Monday to Friday. (CHRISTY OOSTERHOUS)
Director John Livingstone presented the staff report as follows:
• Advised that the applicant is seeking approval of a Conditional Use Permit to allow the
location of five portables on the basketball court at St. Andrews Parish and School to serve
as an indoor gym facility during the construction of the permanent new gymnasium.
• Said that each portable is 12 feet by 60 feet.
• Explained that this installation would be temporary for approximately one year while
construction is under way.
• Said that the hours of use for this temporary gymnasium would be from 7 a.m. to 4 p.m.,
Monday through Friday.
• Added that since the portables would be located on the existing basketball courts, no tree
impacts will result.
• Informed that two letters in opposition of this request have been provided to the Planning
Commission.
• Recommended approval.
Commissioner Hunter asked for clarification that at the end of one year these portables would
have to be removed.
Director John Livingstone replied yes. Otherwise, the applicant would be required to come
back before the Commission seeking an extension of this approval.
Commissioner Cappello asked for the total size of this temporary gym.
Director John Livingstone explained that each portable is 13 feet high with 9.5-foot interior
ceiling heights. The units must be lifted approximately three feet off the ground in order to
assure that they are level. The approximate grade for these units is the same grade level as
Saratoga Avenue.
Commissioner Uhl asked staff what the grade is relative to Crestbrook.
Director John Livingstone said that since Crestbrook slopes downward the portables would be
13 feet in height when seen from Crestbrook.
Planning Commission Minutes for June 22, 2005 Page 3
Commissioner Hunter asked how the units would come onto the site.
Director John Livingstone replied that they would be brought in from Crestbrook via a gate or if
there were no gate the fence would be removed temporarily to allow access to the site and
than immediately reinstalled.
Chair Nagpal sought clarification that the existing screening on site would remain.
Director John Livingstone replied yes.
Commissioner Hunter said that this temporary gymnasium is necessary for the students’ use
during rainy days as well as for regular physical education activities.
Director John Livingstone agreed saying that the activities include dance classes.
Chair Nagpal opened the Public Hearing for Agenda Item No. 1.
Mr. Scott Sheldon, Representative for St. Andrews Parish and School:
• Explained that Phase I of the project calls for the demolition of this Parish Hall & Gym.
• Advised that this portable gym would be used for indoor physical education activities
during the school year 2005/06. It consists of a series of modular units combined to create
a large enough gym area.
• Added that the activities include just the regular physical education activities. No
additional activities are proposed. The grass field area would continue to be used too,
weather allowing.
• Reminded that this request is for a one-year temporary facility.
• Said he hoped the Commission would approve this request.
• Said that he was available for questions.
Commissioner Cappello asked for target installation and removal dates.
Mr. Scott Sheldon said that the targeted installation date is August 15th and removal would
occur immediately upon the end of the 05/06 school year or approximately by June 10th.
Commissioner Cappello asked if any weekend use of this temporary gym was proposed.
Mr. Scott Sheldon replied no. He added that this temporary gym facility is not actually a full
sized gym as far as height.
Commissioner Hunter asked for clarification about the Parish Hall.
Mr. Scott Sheldon clarified that the Parish Hall and Gym is the same building.
Commissioner Hunter asked when the work on the new classrooms would start.
Mr. Scott Sheldon:
• Replied as soon as possible.
Planning Commission Minutes for June 22, 2005 Page 4
• Reported that they were working to raise the necessary funds and that they would have to
vacate the campus for a full school year once construction on the classroom buildings
begins.
• Advised that the units are a total of 13 to 13.5 feet tall. That includes a 9.5-foot ceiling
height and three foot foundation.
Commissioner Hunter asked how it would appear from Saratoga Avenue.
Mr. Scott Sheldon replied the portables would probably be about one foot or so above the
elevation at Saratoga.
Commissioner Rodgers pointed out that nearby neighbors have submitted letters in opposition
and asked Mr. Scott Sheldon if other locations on the grounds had been considered prior to
this one.
Mr. Scott Sheldon replied yes. However, it was determined that there is no room anywhere
else on the site to house this temporary gym during construction. They also considered
leasing gym facilities offsite but this is not practical.
Commissioner Rodgers asked why the brown paint color was selected for these portables.
Mr. Scott Sheldon said that the brown color blends in best and appears unobtrusive. He said
that they would be okay with another color if the Commission wishes to change from the
brown. However, this color matches the existing light brown portables on the grounds.
Director John Livingstone pointed out that the portables would be partially hidden by an
existing berm from Crestbrook and therefore only about three-feet worth of building height
would appear taller than Crestbrook Drive.
Ms. Caroline Luntz:
• Said that she has a negative response to this application to place several huge brown
buildings on these basketball courts, as they will obstruct views.
• Opined that the restroom building already obstructs views.
• Said that she is not confident that these temporary buildings would ever be removed.
• Stated that this is unacceptable.
• Suggested placing the portables on the parking lot.
• Asked that blight not be allowed in this area. The proposed gym is ugly and could
adversely affect property values.
• Stated that there are already impacts on the area from this school.
• Suggested that no more business related buildings be allowed on her street.
Mr. Philip Wu, 19708 Crestbrook Drive, Saratoga:
• Said that he has owned his property since 1997.
• Reported that in 2001 a restroom building was constructed on the school site that is
intrusive.
• Stated that the school will likely want to keep these buildings.
Planning Commission Minutes for June 22, 2005 Page 5
• Complained of church use of the playground and associated street side parking in his
neighborhood as a result.
• Said that after school sports programs go up to 6 p.m.
• Said that the school is demanding too much.
Commissioner Hunter asked if Mr. Wu’s is the house currently under construction. She asked
for clarification that he is not currently living on his property.
Mr. Philip Wu said that his house is almost complete and his family will move back in.
Commissioner Hunter said that since Mr. Wu decided to build a new house on this street he
must have good feelings about his neighborhood.
Mr. Philip Wu:
• Agreed that Saratoga is a good residential area.
• Stated that since the church has a five-acre parcel, there should be another area to
accommodate this temporary gym.
• Said that he hopes his new home will be a good example for his neighborhood and will
lead other older homes to be remodeled to current standards.
Commissioner Rodgers asked Mr. Philip Wu if he would be more supportive of this request if
there were guarantees in place that the buildings would be gone after one year.
Mr. Philip Wu said that this church just wants to expand. It should be a part of the community,
a part of the neighborhood.
Commissioner Rodgers reminded that a plan has been approved to construct additional new
buildings on this site. She pointed out that during the year of construction on the Wu home
there were likely impacts on the neighborhood. She asked Mr. Philip We if he could not
support this one-year temporary placement.
Mr. Philip We said that he appreciates his neighbors’ tolerance during the construction
process but that it was a short period of time and results in a beautiful permanent addition to
his street. On the other hand, these buildings would obstruct view of Saratoga Avenue.
Mr. Clifton J. Williamson, 19694 Crestbrook Drive, Saratoga:
• Said that his home is next to Mr. Wu’s.
• Said that he takes issues with words such as “temporary,” “approximate” or “guarantee.”
• Expressed concern about these temporary buildings once new buildings are in place.
• Asked if this project is fully funded.
Chair Nagpal explained that this Use Permit would be good for one year. The applicant would
have to come back before the Commission for any extension of that year.
Commissioner Hunter added that if the matter would be referred back to the Commission, it
would be noticed as a public hearing to the neighbors once again.
Planning Commission Minutes for June 22, 2005 Page 6
Mr. Clifton J. Williamson reported that there are other site and street issues. He pointed out
that the street gets so congested that it is difficult for friends to find parking at times when
visiting. In the past, they have had cars blocking access to their own driveway.
Mr. Donald A. Carr, 19803 Merribrook Court, Saratoga:
• Identified himself as a part of the church community.
• Said that while the neighbors have raised valid concerns, he disagrees with them.
• Said that they are looking to the future.
• Stated that he is heavily involved with the students and the church and that he believes in
the school, the church and the future.
• Said he wants to help “grow” the kids.
• Advised that they are trying to work with neighbors, such as Mr. Wu.
• Agreed that playgrounds generate playground noise but this is a good type of noise.
Mr. Scott Sheldon:
• Clarified that the restroom building mentioned earlier is just 500 to 600 square feet.
• Said that their request is for portables to be installed on a temporary basis to serve the
2005/06 school year. They would be placed where the basketball courts are now.
• Added that they are enclosing that activity, which will actually reduce noise impacts.
• Said that they are willing to show the neighbors the site to demonstrate that there is no
room elsewhere for this temporary gym. He would give a physical tour of the grounds.
They are simply replacing an existing facility.
• Stressed the importance of bringing St. Andrews up to the 21st century standards.
• Reminded that the community uses this facility for its activities.
• Reiterated the need to preserve the program needs of St. Andrews school.
• Encouraged approval.
Commissioner Cappello asked Mr. Scott Shelton to describe other locations on the property
considered and what the pros and cons of those locations might have been.
Mr. Scott Sheldon:
• Advised that they cannot shuttle children off site although they had considered leasing the
City-owned property at Prospect. However, with the time necessary to get the students to
and from an offsite location, that idea does not work.
• Reminded that they are simply trying to keep their curriculum program together.
• Said that this modular gym is an elegant solution albeit temporary.
Commissioner Cappello asked if placement on the parking lot had been considered.
Mr. Scott Sheldon said that the parking lot would be completely demolished. Only about 50
percent would be available for construction trailers and new construction. There is no room
on the parking lot. He added that they have made arrangements with West Valley College
and the Saratoga Library for Sunday parking during one year of construction. They will use
shuttles.
Planning Commission Minutes for June 22, 2005 Page 7
Commissioner Uhl asked if Mr. Scott Sheldon would support additional restrictions such as
only church and school activities would be allowed, setting specific dates for these trailers and
prohibiting parking around these structures.
Mr. Scott Sheldon said that the building is for gym use and not church use. He said there was
no problem restricting the temporary gym for just school use, as they don’t currently rent the
gym out but warned that they do not control parking on the public street.
Mr. Harry McKay:
• Reported that parking may occur on the street after school when parents want to watch
their kids play sports.
• Added that this is a public street over which they have no controls.
Commissioner Uhl asked staff for the City’s standpoint on restricting on-street parking.
Commissioner Hunter asked for clarification that the fields at St. Andrews are used only by St.
Andrews.
Mr. Harry McKay said that the gates are locked after school. If it is being used during
evenings and weekends than people are jumping the fence to do so.
Commissioner Hunter reiterated that the fields at St. Andrews are not open to public use.
Mr. Harry McKay agreed saying that if it is being used, it is without permission. He
encouraged the neighbors to call him when this occurs and that he was willing to provide a
cell phone number for those calls.
Commissioner Rodgers asked if simply having physical education activities conducted
outdoors instead of having a temporary structure had been considered.
Mr. Scott Sheldon replied that this would be impractical. They had also considered a tent-like
structure. However, these activities require a wood floor and not concrete. Even when it is
raining, the physical education program must continue to function.
Commissioner Rodgers said that this requirement for a wood floor for the physical educational
activities explains a lot. It makes more sense than simply a need for cover from rain.
Mr. Scott Sheldon advised that it costs $30,000 to move each time. There is no room to move
these portables once installed. The portables must be seismically done and meet Codes.
Chair Nagpal closed the Public Hearing for Agenda Item No. 1.
Commissioner Hunter:
• Reported that the newest edition of Money Magazine has ranked the Saratoga as #26
amongst the most livable communities in the nation. Its schools are one of the leading
things considered.
• Stated that she is proud that Saratoga has St. Andrews. It is a fine school.
Planning Commission Minutes for June 22, 2005 Page 8
• Stressed that children are our future and that schools never devalue a property.
• Said that the sound of children’s voices is as good as it gets and that children deserve the
best.
• Pointed out that the portables are actually only needed for about 10 months.
• Recounted how when Primary Plus recently came before the Commission with a request
for portable classrooms, the surrounding neighbors came to support that request.
• Said that children need physical activity as part of their educational process.
Commissioner Cappello:
• Said that the neighborhood concerns have been heard.
• Said that there appears to be a lot of mistrust between the residents and St. Andrews.
• Asked staff what ramifications there might be if this portable gym were to remain beyond
the approved time frame?
Director John Livingstone said that any abuse of the conditions would bring the matter back
before the Commission for review. The Use Permit would always be open for additional
review.
Chair Nagpal said that Code Enforcement would occur.
Commissioner Cappello:
• Said that any resident could report if conditions are violated and the matter would be
brought to the Planning Commission for further review.
• Said that he feels for the neighbors and their concerns.
• Reminded out that this Use Permit is for a finite period of time.
• Stated that the intrusive nature of street parking and kids running around has been
mentioned as a concern of the neighbors.
• Pointed out that having indoor activities within this temporary gym in the place where
outdoor basketball games typically occur would result in quieter uses in this area.
• Said that nothing brought up this evening is preventing him from being able to support this
temporary Use Permit.
Commissioner Uhl:
• Said that he completely agrees that the relationship between the neighbors and St.
Andrews appears to be strained here.
• Asked staff if temporary no parking might be possible here.
Director John Livingstone said that this issue would need to be reviewed by the Traffic and
Safety Commission. He added that imposing no parking would simply push this parking
elsewhere on this street.
Commissioner Uhl suggested adding restrictions that only St. Andrews activities can occur,
that the approval be from August 2005 through June 2006 and that the specific size of the
portable gym be called out. With those additions, he can support this temporary use for the
good of children.
Planning Commission Minutes for June 22, 2005 Page 9
Commissioner Hunter cautioned that it is very difficult to place too specific a size limitation.
Commissioner Rodgers suggested establishing a maximum height. She suggested revising
language to Item 4, Page 8, to read “is subject to approval by the Planning Commission.”
Chair Nagpal said that there are so many variables in construction and that she would be
supporting a full one-year approval.
Commissioner Uhl disagreed and said that tying them down to specific dates results in a good
compromise for the neighbors.
Commissioner Hunter pointed out that if the portable gym is no longer in use, St. Andrews will
remove these temporary buildings, as they are very expensive.
Commissioner Uhl asked why not be specific with the dates.
Chair Nagpal suggested giving one year so that another appearance before the Commission
would not be required until one year. She added that the neighbors just want to be assured
that these buildings will indeed go.
Commissioner Rodgers reviewed the required findings and found that they could be made in
the affirmative for this application.
Commissioner Hunter said that she does not like the idea of no parking on a public street.
Commissioner Cappello reiterated that the neighbors’ number one concern seems to be that
these temporary buildings might never come down. He supports giving a definitive removal
date.
Commissioner Hunter reminded that they cannot have any students on the grounds when
these buildings are installed and removed.
Commissioner Uhl suggested setting a removal date that is three to four weeks after the end
of the school year.
Director John Livingstone pointed out that the exhibit demonstrates that the pad for the
temporary gym is 60 feet by 72 feet. The building height is 9.5 feet with a three-foot platform.
The portables need to be leveled on site so the three-foot platform is an approximation.
Commissioner Hunter reminded that public schools don’t have to ask the City for such
permission.
Chair Nagpal:
• Said that St. Andrews is a part of the community.
• Reminded that this is a temporary unit.
• Said that she has a lot of respect for the nearby neighbors and agrees that when one lives
near a school, activities on that school can impact nearby residents.
Planning Commission Minutes for June 22, 2005 Page 10
• Said that this is a reasonable request for continuing existing activity on site within a
temporary structure.
• Supported a one-year maximum and the restriction of use to only St. Andrews school
activities.
• Said that this is pretty reasonable and she is ready to support approval as the necessary
findings can be made.
• Supported the tightening of language on Condition #4.
Motion: Upon motion of Commissioner Hunter, seconded by Chair Nagpal, the
Planning Commission approved a Conditional Use Permit (Application
#01-013) for the temporary location of several portables at St. Andrews for
one year while the main gym is being constructed on property located at
13601 Saratoga Avenue, by the following roll call vote:
AYES: Cappello, Hunter, Nagpal, Rodgers and Uhl
NOES: None
ABSENT: Kundtz and Schallop
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 2
APPLICATION #05-050 (397-03-005) TRAN, 14341 Sobey Road; - The applicant requests
Design Review Approval to construct one-story additions to an existing single story residence.
The overall maximum height of the residence will be increased to 20.5 ft. The proposed
residence including garage will be 5,502.5 square feet. Materials and colors will match
existing and include, a beige stucco exterior and clay tile roof. The gross lot size 1.09 acres.
The property is zoned R-1 40,000. (CHRISTY OOSTERHOUS)
Planning Intern Suzanne Thomas presented the staff report as follows:
• Advised that the applicant is seeking Design Review Approval for a one-story addition to
an existing single-story residence for a total FAR of 5,502 square feet on a one-acre lot.
• Reported that proposed materials will match existing and include beige stucco and a tile
roof.
• Said that the neighbors were notified and no negative correspondence or comments were
received.
• Stated that the findings for approval can be made.
• Recommended approval.
Chair Nagpal opened the Public Hearing for Agenda Item No. 2.
Mr. Tran, Applicant and Property Owner, 14341 Sobey Road, Saratoga:
• Said he was available for any questions.
• Asked the Commission to consider a waiver of a requirement to expand the driveway width
to meet Fire requirements.
Planning Commission Minutes for June 22, 2005 Page 11
• Reported that at staff’s suggestion he met with a Fire representative who told him he could
ask the City for a waiver of the requirement to widen the driveway as they had no objection
to leaving it as it is.
Director John Livingstone said that Associate Planner Christy Oosterhous would work on this
with Mr. Tran.
Chair Nagpal closed the Public Hearing for Agenda Item No. 2.
Commissioner Hunter said that she thought this was a great project.
Commissioner Cappello said that there are no impacts on neighbors and he has no problems.
Motion: Upon motion of Commissioner Cappello, seconded by Commissioner
Rodgers, the Planning Commission granted Design Review Approval
(Application #05-050) to allow one-story additions to an existing single-
story residence on property located at 14341 Sobey Road, by the following
roll call vote:
AYES: Cappello, Hunter, Nagpal, Rodgers and Uhl
NOES: None
ABSENT: Kundtz and Schallop
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 3
APPLICATION # 05-105 (386-26-066) - BODAPATI, 19900 Saraglen Court: - Request for
Design Review Approval to remodel and add 155 square feet to the first floor of an existing
2,850 single story home and add a new 1,277 square foot second floor level. The maximum
height of the proposed two-story residence will be approximately 24 feet. The gross lot size is
17,050 square feet and zoned R-1-10,000. (LATA VASUDEVAN)
Director John Livingstone presented the staff report as follows:
• Advised that the applicant is seeking Design Review Approval to allow the remodel of an
existing first floor and construction of a new second story on an existing single-story home.
• Said that the total FAR was 4,200 square feet and the maximum height is 24 feet.
• Said that this home would be similar to the two-story homes located on either side of this
home. The second story is set back.
• Reported that neighbors were notified and no negative responses were received.
• Said that no protected trees would be removed and that the recommendations of the
Arborist have been incorporated into the Conditions of Approval.
• Recommended approval.
Commissioner Hunter had questions about the placement and configuration of the front door.
Director John Livingstone suggested deferring this question to the applicant.
Planning Commission Minutes for June 22, 2005 Page 12
Chair Nagpal opened the Public Hearing for Agenda Item No. 3.
Ms. Sima Matal, Project Architect:
• Explained that the front door placement meets Fung Shei standards.
• Assured that the front entry has details to clearly indicate that it is the front entry.
Chair Nagpal closed the Public Hearing for Agenda Item No. 3.
Commissioner Rodgers said that she has no problems with the project and can make the
necessary findings to approve.
Commissioner Cappello said that this is a good example of turning a single-story house into a
two-story. It fits in well in a neighborhood where it is flanked on either side by a two-story
home. He said that he was pleased with this design and it is a nice job.
Commissioner Uhl said that it looks great.
Motion: Upon motion of Chair Nagpal, seconded by Commissioner Uhl, the
Planning Commission granted Design Review Approval (Application #05-
105) to allow the remodel and 155 square foot addition to the first floor of
an existing house and construction of a new 1,277 square foot second
floor level on property located at 19900 Saraglen Court, by the following
roll call vote:
AYES: Cappello, Hunter, Nagpal, Rodgers and Uhl
NOES: None
ABSENT: Kundtz and Schallop
ABSTAIN: None
***
DIRECTOR’S ITEMS
July 27th Meeting: Director John Livingstone reminded the Commission that there is a large
agenda for the July 27th meeting and it is important that the four who have indicated being
available actually attend since Commissioners Hunter, Rodgers and Schallop will be absent.
Arborist Training: Director John Livingstone announced that Council has authorized staff to
hire an in-house Arborist. He asked the Commission if it would like to defer the proposed
training until the staff Arborist is hired.
Chair Nagpal said it made sense to wait.
Commissioner Hunter agreed.
Commissioner Cappello asked Director John Livingstone if it would be possible to have the
Arborist available at meetings.
Planning Commission Minutes for June 22, 2005 Page 13
Director John Livingstone replied yes.
Chair Nagpal asked if there is a time frame as to when this staff Arborist would be hired.
Director John Livingstone replied it would be several months at the least. At the present time
the City has a contract Human Resource Analyst who is working to hire a permanent person
for that position.
COMMISSION ITEMS
Chair Nagpal asked staff if it would be possible to have a Commission retreat to look at policy
issues, preferably before the joint meeting with Council.
Director John Livingstone said that it would be possible to schedule a Study Session. He
proposed sending out an email to solicit available dates from each Commissioner.
Chair Nagpal suggested that each Commissioner also provide his or her items for discussion.
Director John Livingstone suggested that this Study Session could occur prior to a meeting or
on an entirely different date.
Chair Nagpal expressed support for a couple of hours of quality time with food involved.
Commissioner Uhl said he prefers this session occur prior to a regular meeting perhaps from
5 to 7 p.m.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Hunter, seconded by Commissioner Rodgers, Chair Nagpal
adjourned the meeting at 8:48 p.m. to the next Regular Planning Commission meeting of July
27, 2005, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk