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HomeMy WebLinkAbout09-22-2004 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, September 22, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:07 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Nagpal, Rodgers and Zutshi Absent: Schallop and Uhl Staff: Director Tom Sullivan, Associate Planner John Livingstone, Associate Planner Christy Oosterhous, Associate Planner Ann Welsh, Associate Planner Lata Vasudevan and Public Safety Officer Steve Prosser PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of September 8, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of September 8, 2004, were adopted with a correction to page 6. (5-0-2; Commissioners Schallop and Uhl were absent) ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 16, 2004. REPORT OF APPEAL RIGHTS Director Tom Sullivan 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). CONSENT CALENDAR There were no Consent Calendar Items. Saratoga Planning Commission Minutes of September 22, 2004 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #04-178 (510-09-018, 044, 043) HEIKALI, 14410 & 14416 Big Basin Way and 20506 Saratoga-Los Gatos Road: The applicant requests Design Review Approval to renovate the facades of the above noted contiguous commercial structures. The façade changes include raising the parapet, painting and resurfacing, removal of existing ornamentation on the structures and replacement and opening up of windows and doors. The property is located in the CH-1 zoning district and is designated CR-Commercial Retail in the General Plan. Continued from meeting on August 25, 2005. (ANN WELSH) Associate Planner Ann Welsh presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval for façade renovations for three commercial properties located on the southeast corner of Big Basin Way and Saratoga-Los Gatos Road. • Described the parcels as consisting of 16,180 square feet with a 9,227 square foot first floor and a 3,172 square foot second floor. • Explained that the applicant proposes to reduce the second floor to 2,608 square feet. • Reminded that this item was before the Commission at its meeting of August 25, 2004, and was continued to allow the applicant to address a number of concerns raised by the Commission. • Reported that a Commission site visit was held with the applicant and project architect on September 7th and that the current proposal reflects the input received at that time by the Commission. The revised proposal retains much of the character of the original structure while the flower shop building will create a focal point at the corner. The facades on Big Basin Way and Saratoga-Los Gatos Road have been refreshed but still retain the Corinthian Corners flavor with a mixture of open glass and divided lights. There are two options as far as landscaping proposals. One keeps the original proposal while the second requires the elimination of one parking place to help in the creation of a plaza feature. • Stated that staff is recommending approval of this application with the addition of a drinking fountain, the screening of mechanical equipment, the lowering of skylights so they are not visible and the merging of the three parcels. Commissioner Hunter asked if it would be possible to match the City’s benches used throughout the Village. Director Tom Sullivan replied sure. Commissioner Hunter questioned the proposed plant for the planters, expressing disappointment that there were no flowers. Associate Planner Ann Welsh said that it is a pretty shrub, while it does not have flowers, and seemed appropriate. Commissioner Zutshi asked staff if the applicant is agreeable to the Conditions and questioned the loss of one parking spot. Saratoga Planning Commission Minutes of September 22, 2004 Page 3 Associate Planner Ann Welsh explained that it was felt that the addition of a plaza equals a real amenity. With the removal of approximately 500 square feet from the second story, staff can support the elimination of one space to achieve that plaza. Commissioner Hunter asked about the parking behind the center. Associate Planner Ann Welsh replied that there are four to five spaces there but that access in and out can be a problem, as cars would block others. Shop owners and employees would best utilize this parking. Commissioner Nagpal asked if the proposed color board remains as it was at the last hearing. Associate Planner Ann Welsh replied no. They applicant plans to keep the same colors as are currently on the buildings. Commissioner Nagpal asked about tree protection during construction. Associate Planner Ann Welsh replied that the trees are street trees. It could be conditioned that these trees be wrapped or fenced. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Mr. Steve Borlick, Project Architect: • Thanked the Commission for its site visit. • Said that the buildings will retain a lot of redeeming architectural character. • Assured that they are in agreement with the report and conditions. • Said that it is their intent to go with the same benches as are used in the Village Design Guidelines. • Explained that the plant they have proposed is study and drought tolerant. • Said that there are four parking spaces in the rear but they have no real access as cars must be blocked when using all four, with no in and out opportunities. These spaces are likely best used by employees or store owners. • Informed that the idea for a plaza feature came late. They believe that the inclusion of street furniture and plantings will help enhance the street appearance. Commissioner Hunter reported that she is thrilled with the project. It is lovely and will be very nice. Commissioner Nagpal thanked the applicants for their site visit, expressing appreciation for their time. Chair Garakani pointed out that the addition of a fountain was Commissioner Nagpal’s idea. Commissioner Rodgers thanked the applicants for taking time to come out and stated that this is a project that the community will be proud of. Commissioner Zutshi pointed out that this project no longer has a strip mall appearance. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Zutshi said that the applicants have done a good job. Saratoga Planning Commission Minutes of September 22, 2004 Page 4 Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the Planning Commission granted a Design Review Approval (Application #04-178) to allow the renovation of the facades of commercial structures located at 14410 & 14416 Big Basin Way and 20506 Saratoga-Los Gatos Road with the added conditions to wrap the street trees, the change the benches to iron and wood and to require that employees park in the rear spaces, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop and Uhl ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #04-233 (397-29-012) California Farmers’ Markets Association, 20300 Herriman Avenue: Request approval for a Conditional Use Permit allowing the California Farmers’ Markets Association to continue holding a Farmers’ Market on the parking lot area of Saratoga High School on Saturdays year round. The previous Temporary Use Permit (#98-005) expired on April 3, 2004. (STEVE PROSSER) Public Safety Officer Steve Prosser presented the staff report as follows: • Advised that the applicants are seeking approval of a Use Permit to allow the California Farmers’ Markets Association to continue to operate every Saturday at Saratoga High School throughout the year with a maximum of 40 farmers. • Reminded that the original Use Permit (#98-005) expired in April 2004. • Said that the previous hours of operation were from 9 a.m. to 1 p.m. The proposed hours are from 8 a.m. (for set up) through 2 p.m. (when clean up is completed). Originally, the applicants had requested a set up time beginning at 7 a.m. but operator Doug Hayden has agreed to the 8 a.m. set up start time. • Stated that a Condition of Approval has been included that restricts this use to 40 agricultural vendors. • Reported that Mr. Hayden is requesting approval for 56 vendors total, 40 agricultural and 16 non- food vendors. • Said that when Mr. Hayden met with School District representatives, they requested a maximum of 50 (40 agricultural and 10 non-agricultural). The applicant is required to contract with the Sheriff’s Office to have one deputy on site between the hours of 8 a.m. and 2 p.m. With these conditions, Saratoga High School will support this continued operation and enter into a lease agreement for the use of the parking lot. • Explained that Mr. Doug Hayden is present and wishes to address the Planning Commission. Commissioner Hunter expressed confusion as to why the City has any involvement with the uses on school site that normally falls under the jurisdiction of the School District. Director Tom Sullivan explained that State Law is regarding education uses of school sites. This is not an educational aspect of the school site. Saratoga Planning Commission Minutes of September 22, 2004 Page 5 Commissioner Zutshi asked if there is any compliance history or citations issued for this use. Mr. Steve Prosser replied that there was no ability to enforce time limits with the original Use Permit. Commissioner Hunter asked if there is any indication of problems from this use. Stated that this Farmers’ Market is an incredible asset to the community and that having a police presence at the Farmers’ Market issuing tickets would be a problem for her. Mr. Steve Prosser said that there are parking limitations on this site. People tend to park in the residential neighborhood and create noise impacts on the residents there. Reminded that additional uses of the high school on Saturdays include swim meets and PAL football games. Commissioner Hunter asked if there have been complaints from just one person or more. Mr. Steve Prosser replied that he received one written complaint but that a number of residents had addressed issues directly with the school principal. Commissioner Nagpal questioned whether the market could be moved to Sunday when there are fewer conflicting activities. Mr. Steve Prosser said that the school has no problems continuing with the market on Saturdays as long as emergency vehicles can park on the easement. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. Doug Hayden, Representative, California Farmers’ Markets Association: • Said that he has been with California Farmers’ Markets Association since 1991, which operates 30 markets in the Bay Area. • Stated that the Saratoga Farmers’ Market is one of the best in California with a great variety, well balanced and well attended. There are 40 farmers and 16 non-agricultural vendors. Some drive 150 miles to get here. They bring a lot of fabulous food to the community. • Stated that this is a jewel and that it is important to extend open arms to these farmers. • Assured that they want to be good neighbors and that they react fast to any problems. • Agreed that they are now located closer to residential uses than they used to be before the construction began on the performance center. • Stated that the 8 a.m. start time is a great idea. • Said that 56 total is a good number and it goes down in winter to about 40 during the off-season. • Informed that if one farmer leaves the market, they would replace that farmer with a like vendor to assure the same variety of product. • Said that there is no problem with site access for emergency vehicles and that an on-site officer is not necessary. This is a very safe environment. • Pointed out that the new principal of Saratoga High School has yet to see the market in operation. • Explained that their San Francisco market does not require an officer and nothing bad happens there. • Said that they have entered into an agreement with the church across the street to use their parking and they would display A-frame signs to direct patrons to that option. Saratoga Planning Commission Minutes of September 22, 2004 Page 6 • Suggested that it might be possible to also coordinate with the swim teams to have them drop off their athletes and park vehicles in this church lot. • Said that there are many options before it becomes necessary to incur the $250 to $300 weekly expense to have an officer on site. • Reminded that they have a professional manager on site, Mr. Frank Nichols, who is adept at handling problems. • Informed that many fundraising activities occur during the market, including football supporters and that the school receives $75 per market day for an annual total of approximately $3,500. • Assured that they leave the site cleaner than when they arrived. • Pointed out that the parking problems are temporary during construction when much of regular parking space is being utilized to stage construction materials. Lots of the parking problems would go away once construction is complete. • Said that they have eliminated the practice of having farmers making early drop offs and previously would not allow anyone on site until 7 a.m. The site manager will be on site at 6:15 a.m. to stop anyone from entering the school site before 8 a.m. now under the new conditions of operation. • Stated that they will do everything possible to make this work. Chair Garakani asked Mr. Doug Hayden when the vendors reached 56. Mr. Doug Hayden replied about 18 months ago. Chair Garakani asked if the on-duty officer is required just for traffic control. Mr. Steve Possner said that the need is both for traffic control and public safety. Commissioner Zutshi asked whether musicians are a part of the market. Mr. Doug Hayden replied no. Commissioner Zutshi said that parking is bad when attending swim meets are held. Commissioner Hunter questioned whether it might not make sense to open up the back of the site for parking for swim meets. Mr. Doug Hayden: • Replied that he was not sure how much parking was available there. • Advised that he is upset with some of the restrictions imposed. • Opined that this is one of the best things to happen to Saratoga and that complaints are coming from one person only. • Pointed out that this is a community-wide function. • Stated that he is sorry not to see music at this market. • Assured that they care about this community. • Suggested that a police presence at the market would be a real downer for attendees. Commissioner Nagpal asked Mr. Doug Hayden what is the peak season for the markets. Saratoga Planning Commission Minutes of September 22, 2004 Page 7 Mr. Doug Hayden replied it is generally ending about now. It runs from mid May to the end of September. Commissioner Nagpal asked Mr. Doug Hayden if he could support a maximum of 56 vendors during peak season with a reduction to 40 during non-peak season. Mr. Doug Hayden said that the market runs at about 75 percent capacity during the winter months. Commissioner Nagpal asked Mr. Doug Hayden if he is comfortable with a maximum of 40 vendors in the off-season. Mr. Doug Hayden replied that he would hate to have to kick someone out. Forty-five would be a more comfortable number during off-peak season. Mr. Hugh Leo, 13785 Lexington Court, Saratoga: • Advised that he lives across the street from the high school and submitted a letter opposing the Farmers’ Market. • Pointed out that the church that is being proposed for alternate parking has a driveway that is directly behind their houses. • Said that there are a variety of conflicting facts. • Pointed out that Mr. Hayden refused an 8 a.m. start time in May. • Stated his belief that Mr. Hayden has no intention to comply with the conditions of approval as evidenced by recent events and the fact that the current size of the market is larger than approved. Mr. Hayden signed an agreement with the high school with a limit of 45 vendors, while the original Conditional Use Permit permitted a maximum of 40. Mr. Hayden has ignored that standard and cannot be relied upon to comply. • Declared that there must be an enforceable standard set for this use. • Suggested the denial of this application. Commissioner Rodgers asked Mr. Leo why flexibility could not be allowed. Mr. Hugh Leo said that he is not adverse to the Farmers’ Market in concept but just wanted to point out the pattern of behavior in ignoring agreements for operations. Non-compliance has been the pattern. Commissioner Rodgers asked Mr. Leo what he would like the Commission to do. Mr. Hugh Leo replied deny this request or compel compliance with the conditions of approval. Commissioner Rodgers asked Mr. Leo how he felt about the idea of having law enforcement on site during the market hours. Mr. Hugh Leo replied that tonight is the first he has heard of that idea. Stressed the importance of compliance with any established conditions. Ms. Mercedes De Luca, 13785 Lexington Court, Saratoga: • Reported that she has resided in the community for 20 years and that this is the first time she did not feel happy to live in Saratoga. • Said that she used to love attending the Farmers’ Market when it was held downtown. Saratoga Planning Commission Minutes of September 22, 2004 Page 8 • Advised that she has resided in this home since 1993 and that now there is more and more noise. • Said that she feels like she is like a “frog in the pot.” • Informed that trucks pull into the lot in the middle of the night. • Reminded that for working people, Saturdays are the only morning to sleep in. • Added that it is difficult to have friends over on Saturday since there is no street parking available as a result of the activities at the school. • Suggested that it may be time for another part of the community to take over hosting the Farmers’ Market. • Reiterated that she too enjoys a good Farmers’ Market but that having it across the street is an unfair burden to this part of the community. Commissioner Hunter asked if Lexington Court is closer to the church. Ms. Mercedes De Luca said that theirs is the first street. Commissioner Hunter asked if issues have improved since the market was moved to the other side of the school. Ms. Mercedes De Luca said maybe for them but not for others. Commissioner Hunter asked about the impacts of the PAL Center. Ms. Mercedes De Luca said that this too is a problem She added that she loves living here. Commissioner Zutshi asked Ms. Mercedes De Luca if she has a problem as long as unloading does not begin until 8 a.m. Ms. Mercedes De Luca said that this time limitation only matters if it is actually enforced. Some vendors arrive earlier. Said that her family likes to sleep in later on Saturdays. She added that there are already impacts from the church on Sundays but that they knew that when the purchased next to a church. However, they never anticipated a Farmers’ Market in the neighborhood when they moved in. Mr. Michael Herne, 14043 Oak Hollow Lane, Saratoga: • Said that his issues are noise and traffic impacts. • Said that the operation of a school is generally out of the City’s control and that the high school is pushing the envelope of the use of this facility for uses such as a Farmers’ Market. • Suggested that the school must be a good neighbor and balance the rights of the neighborhood. • Stated that he would love a start time of 10 a.m. • Assured that he is not against the Farmers’ Market but that a lively dialog must occur about the impacts of the market on this local neighborhood. Commissioner Nagpal pointed out that by issuing a Conditional Use Permit the City has the opportunity to establish an envelope for operations. Asked what conditions Mr. Herne might propose to help alleviate problems. Mr. Michael Herne: Saratoga Planning Commission Minutes of September 22, 2004 Page 9 • Replied that a later start time after 9 a.m. as it would be nice not to have operations in the early morning hours. • Pointed out that on Sundays there are games on this campus all day. • Suggested that there is no reason to have any vendors except for those selling vegetables. • Said that he is not personally affected by traffic but rather just noise impacts. • Said that having a dialog about impacts is important and that noise is a problem. Commissioner Hunter reported that she lives near a cemetery that has multiple blowers in operation each Thursday. Ms. Pamela Chang, 20325 Herriman Avenue, Saratoga: • Said that she is a parent of children at this school and supports having a Farmers’ Market in the community. • Suggested that there are too many activities on campus on Saturday. • Said that one expects educational events on a school campus while a Farmers’ Market is not an educational activity. • Said that as there are lots of high schools in the area, it may be time to have other schools host the Farmers’ Market. Mr. Doug Hayden: • Reported that Mr. Leal was never a part of the discussion with Principal Skelly and that the agreement entered into was for farmers, limiting the allowable number to 40. • Explained the difference between non-agricultural and agricultural section of a Farmers’ Market. Non-agricultural vendors are allowed to participate in a Farmers’ Market per State law if they are directly marketing to consumers. • Assured that they want this to be a Farmers’ Market and that the number of non-agricultural vendors would not get any bigger than it is now. Chair Garakani closed the Public Hearing for Agenda Item No. 2 and asked staff if the Use Permit is enforceable. Mr. Steve Prosser said that noise standards are enforceable. The Use Permit can be brought back before the Commission for revocation if necessary. Chair Garakani asked what if the number of vendors was to exceed that allowed by the Use Permit. Mr. Steve Prosser said that that too is an issue that could be considered for revocation. Chair Garakani asked whether any complaints received would automatically be referred to the Commission. Director Tom Sullivan replied that the City’s standard is to achieve compliance rather than imposing punishment. Staff generally would let the applicant and school district know if there are problems with their operation and give them a chance to correct those issues. Commissioner Hunter: Saratoga Planning Commission Minutes of September 22, 2004 Page 10 • Stated that she feels strongly that a Farmers’ Market is a fantastic advantage to the community and helps to build a sense of community. • Suggested that perhaps permitted parking might be a solution for the street parking problem for the neighborhood. • Added that the school can be asked to open up more parking on site. • Said that she felt it is a shame to limit the size of the market and that she personally would like to add live music to the mix. • Informed that she is not in support of the suggestion to have an officer on site as there is no demonstrated need for such a step and having the officer there simply confuses the matter and takes away from the fun of the event. Commissioner Zutshi: • Stated that she too likes the Farmers’ Market but that she also agrees with the neighbors’ right to be able to sleep in one day a week. • Suggested that it would be important to limit the number of vendors and stick to the agreed upon timing for the market. • Agreed that there is no need for a police presence and that having an officer would take away the fun. • Stressed the importance of maintaining the necessary emergency access and having the market manager ensuring that blocking of the fire lane does not occur. Chair Garakani asked where this fire lane is located. Mr. Steve Prosser replied that it is the area closest to the Farmers’ Market. Chair Garakani pointed out that they are using cones now to block that area off. Commissioner Rodgers: • Advised that she has always lived near a Farmers’ Market and that having a Farmers’ Market available is important to her and to the community. • Added that she loves getting fresh vegetables as well as the opportunity to see her neighbors, which she likes to be a part of. • Stated that she understands the neighborhood issues. • Said that the market benefits the community so much but that she hates to ask this neighborhood to accommodate the community but that she is asking these neighbors to try and live with this Farmers’ Market. • Said that parking issues must be addressed and that perhaps signs reading “Neighborhood Parking” could be posted. • Said that she is not sure about the 8 a.m. start time but she knows she does not like the idea of having an officer on site, a requirement that she is not yet prepared to burden the applicant with. • Said that she is not happy restricting the number of vendors as a variety and balance of vendors are needed for this market to succeed. • Reminded the neighbors that if problems arise, they can contact the Code Enforcement staff that will have the power to enforce the conditions of operation. • Stated her support for this application. Commissioner Nagpal: Saratoga Planning Commission Minutes of September 22, 2004 Page 11 • Stated that she is supportive of having a Farmers’ Market in the community. • Expressed her understanding for the difficulties it might bring to those who live nearby. • Suggested that the market be considered for Sundays instead of Saturdays. • Said that she supports the 8 to 9 a.m. set up time. • Agreed that a Sheriff’s presence is not required. • Proposed that a total vendor number of 56 be approved from May through September and a reduced number be approved for non-peak season. Chair Garakani pointed out that the applicant has already said that the market automatically becomes smaller outside of peak season. Commissioner Nagpal said that if the issues are not called out in the conditions of approval, they are not enforceable. Commissioner Hunter said that while she agrees that no amplified music should be allowed, she is not against having live music such as a fiddler playing in the corner somewhere. Commissioner Nagpal pointed to conditions 2, 4 and 7 on page 9. Commissioner Hunter said that she advocates for allowing music from 11 a.m. to 1 p.m. as long as it is not amplified nor microphones be used. Said that music helps make things joyous. Commissioner Nagpal: • Agreed with suggested text that states that amplified music is inconsistent with a Farmers’ Market. • Expressed support for allowing music between 10 a.m. and closing of the market. • Supported the 8 a.m. setup time and the requirement that clean up be completed by 2:30 p.m. • Questioned whether the school must agree with the City’s conditions. Commissioner Hunter stated her surprise that the City is issuing a Use Permit for a school site at all. Director Tom Sullivan pointed out that the original Use Permit was processed by former Director James Walgren in the 1990s. Commissioner Hunter said that the school has the option to deny the use of its site. Commissioner Nagpal restated her suggestions for music between 10 a.m. and closing, vendors on site limited to 40 maximum agricultural and 16 maximum non-agricultural. Chair Garakani said that he could support these numbers because the market has operated with that number of vendors for the last 18 months. He stressed that these numbers must not be increased. Commissioner Nagpal said that it must be clear to this applicant that non-compliance with the conditions set are grounds for termination of this Use Permit. Commissioner Rodgers said that this Use Permit could be reconsidered at any time if problems occur. Commissioner Nagpal encouraged neighbors to report any problems to the City. Saratoga Planning Commission Minutes of September 22, 2004 Page 12 Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission approved a Conditional Use Permit (Application #04-233) to allow the year round operation of a Farmers’ Market to be held each Saturday at Saratoga High School. 20300 Herriman Avenue with the following additions: • A limitation of 40 agricultural vendors and 16 non-agricultural vendors • Clean up to be concluded no later than 2:30 p.m., • Any music will be limited to the hours between 10 a.m. and closing with the prohibition of amplified music as being inconsistent with the Farmers’ Market, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop, Uhl ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 3 APPLICATION #04-140 (386-10-049) Sprint PCS (applicant), Kato Yasuto (Property Owner), 17777 Saratoga Avenue: The applicant requests Use Permit Approval to extend the height of the existing monopole and install antennas. The applicant proposes to co-locate with another wireless carrier, Verizon, which has existing antennas on the monopole. Related equipment will be situated on the property adjacent to Verizon’s existing equipment. The site is located in the P-A (Professional and Administrative Office) zoning district. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking approval of a Conditional Use Permit to allow SprintPCS to extend the height of an existing 61.5-foot tall monopole to 67 feet, four inches in height including the addition of panel antennas. • Explained that this would be a co-location with Verizon Wireless. Related equipment would be located adjacent to Verizon’s existing equipment. • Reported that this site is a triangular lot off Lawrence Expressway and Saratoga Avenue that borders San Jose. Access is from Saratoga Avenue. The site includes a cellular pole, billboard sign and six-foot high chain link fence. The site is also used for commercial parking. • Advised that Sprint has another cell site about a quarter of a mile away on a church site. This location will replace that site and the old site will be removed. • Informed that the purpose for the added height is to achieve a substantially increased coverage area. • Added that another pending AT&T application will be considered by the Commission at its October 13th public hearing to be located below the Verizon antennas. • Stated that trenching through County and San Jose jurisdictions would need to occur and that the applicant is required to obtain the necessary encroachment permits for that work. • Said that the ground equipment would consist of four cabinets that will not exceed the fence height. A backup generator will be installed that would only be used in the event of a major disaster. No generator is required for this generator as it exempt from noise standards when used only for emergencies. • Reported that the monopole is 10 years old. Three panel antennas would be added to the extension that are 54 inches tall. The maximum height is 67 feet, four inches tall. Saratoga Planning Commission Minutes of September 22, 2004 Page 13 • Stated that staff finds that there is no substantial impact on the site but also required the addition of oleanders for additional screening. A two-year landscape management agreement must be entered into. Additionally, the applicant is to remove existing barbed wire from the fencing that is prohibited per Code. • Said that one letter against this request was received on grounds of its appearance. Said that if this were an entirely new installation, such an issue would be investigated more fully. • Recommended approval. Commissioner Rodgers pointed out that there appears to be lots of hazardous materials (cans of paint) on site and questioned whether this material would be cleaned up. Planner Lata Vasudevan explained that she has spoken with the owner. He advised that a paint company rents space on site and periodically arranges proper disposal of waste paint off site. Chair Garakani opened the Public Hearing for Agenda Item No. 3. Ms. Kristina Woerner, Representative for SprintPCS: • Said that this is a small extension and that there are not a lot of visual impacts. • Reported that they would be decommissioning another site nearby once this one is installed to allow for one site to serve a larger area. Chair Garakani closed the Public Hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission approved a Conditional Use Permit (Application #04-140) to extend the height of an existing monopole and install new antennas for SprintPCS, co-locating with the existing Verizon Wireless antennas on this site, on property located at 17777 Saratoga Avenue, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop, Uhl ABSTAIN: None *** Commissioner Zutshi recused herself as she lives within noticing distance to this site and left the dais to sit in the audience during the hearing of Agenda Item No. 4. PUBLIC HEARING - ITEM NO. 4 APPLICATION #04-075 (397-15-018, 397-14-022, 397-13-030) Sprint PCS, West Valley College, 14000 Fruitvale Avenue: The applicant requests Use Permit Approval to install antennas and related equipment at the theatre building located on the West Valley College Campus. The college campus is located within an R-1-40,000 zoning district. Several wireless carriers are located at this site. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: Saratoga Planning Commission Minutes of September 22, 2004 Page 14 • Advised that the applicant is seeking approval of a Conditional Use Permit to allow the addition of three panel antennas and related equipment at the Theatre building at West Valley College. • Said that the equipment would be located within a screened enclosure and landscaped. • Described the zoning as R-1-40,000. • Reminded that there are already several carriers on this property. • Recommended approval. Chair Garakani opened the Public Hearing for Agenda Item No. 4. Mr. Ryan Crowley, Alaris Group for SprintPCS: • Stated that this installation will be screened. • Advised that the Dean of West Valley College is available for any questions. Chair Garakani closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Rodgers, the Planning Commission approved a Conditional Use Permit (Application #04-075) to install antennas and related equipment at the theatre building located at West Valley College, 14000 Fruitvale Avenue, on property located at 17777 Saratoga Avenue, by the following roll call vote: AYES: Garakani, Hunter, Nagpal and Rodgers NOES: None ABSENT: Schallop and Uhl ABSTAIN: Zutshi Commissioner Zutshi returned to the dais following the conclusion of Agenda Item No. 4. *** PUBLIC HEARING - ITEM NO. 5 APPLICATION #04-149 (397-07-002) YEN, 15040 El Quito Way: Request Design Review Approval to add approximately 1,028 square feet to the first floor of the existing 4,232 square foot single story house for a total floor area of 5,260 square feet. The gross lot size is 57,115 square feet and zoned R-1- 40,000. The maximum height of the residence will be approximately 23 feet. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval for a 1,028 square foot addition to the first floor of an existing residence for a total square footage of 5,260. • Explained that this is typically considered a minor addition that can be handled over the counter except for the fact that the applicant is raising the existing roofline slightly so that it is above the 18- foot height that requires Planning Commission approval. • Said that the roofing is brown slate tile with a tan color. • Stated that the proposal meets Design Review findings. • Added that this is a nice design that updates this house. It includes gables and bay windows. The maximum height is 22 feet, three inches, which is below the maximum allowed of 26 feet. • Recommended approval. Saratoga Planning Commission Minutes of September 22, 2004 Page 15 Commissioner Zutshi pointed out that the exterior color appears to be gold. Commissioner Hunter expressed concern over the details of the case history in the report. Planner John Livingstone said that the incorrect date sequence in question simply reflects a typographical error. Chair Garakani opened the Public Hearing for Agenda Item No. 5. Mr. Tim Yen, Applicant and Property Owner, 15040 El Quito Way, Saratoga: • Advised that they are updating a ranch style home. • Agreed that the color appears to be yellow on his color board but that is simply due to the distortion from his color printer. • Assured that his wife has a distinct taste for color. Commissioner Nagpal asked what the color actually looks like. Mr. Tim Yen replied that it is toned down. Director Tom Sullivan suggested that the applicant could simply bring a color chip to staff for a final judgment call. Chair Garakani closed the Public Hearing for Agenda Item No. 5. Commissioner Hunter stated that this is a very nice design and a beautiful property. She wished the Yens good luck. Chair Garakani stated that this is a nice secluded property. Commissioner Nagpal concurred and said that this project has been tastefully done. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Hunter, the Planning Commission granted a Design Review Approval (Application #04-149) to allow an addition to an existing single-family residence on property located at 15040 El Quito Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi NOES: None ABSENT: Schallop, Uhl ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Saratoga Planning Commission Minutes of September 22, 2004 Page 16 Staff response to oral communication given by Ms. Muriel Mahrer at the August 25, 2004, Planning Commission meeting regarding her neighbor’s house addition at 13571 Myren Drive. Director Tom Sullivan reminded the Commission that on August 25, 2004, Ms. Muriel Mahrer appeared under Oral Communications and also provided written materials. Staff was directed to prepare a written response and bring it back to the Commission. Ms. Mahrer has also provided additional written materials. Ms. Muriel Mahrer, 13571 Myren Drive, Saratoga: • Advised the Commission that she emailed comments but apologized as Chair Garakani’s email was returned to her as undeliverable as she has likely mistype his email address. • Said that she wants to respond to staff’s memorandum. • Said that she is concerned about the process and Codes and that what happened to her should not happen to anyone else. • Reported that she is a resident of many years and that she does not feel that she was treated in a proper manner. • Admitted that she is not an expert on dealing with planning issues but that she expects the City’s staff to help her through their process. That did not happen. • Stated her belief that throughout the entire approval process misinformation was provided regarding side yard setbacks. • Said that she was unaware and found it difficult to keep up with the issues and needed more help from staff. • Reported that she now has 35 feet of her neighbor’s house right outside of several of her newly remodeled house windows. • Said that citizens need more guidance when their neighbors’ site is under expansion. • Suggested that when new construction results in a less than 20-foot setback from an existing unit that project should go to the Planning Commission for a public hearing. • Informed that she had asked staff for a row of trees on the neighbor’s side of the fence and said that the onus should be on that person who is constructing an addition to provide the screening. • Said that she had proposed a number of possible trees to serve as this screening, upon consultation with former Commissioner Lisa Kurasch who is a landscape professional. She invited her neighbor to come look at some trees on her property. He liked them. However, the Director had recommended Italian Cypress, which she did not feel was appropriate for this seven-foot wide side yard as they grow wide and tall and would impact her light. Therefore, staff removed the requirement for this screening landscaping. • Pointed out a different experience with another neighbor behind her. When that neighbor did an addition, she asked for screening and worked out a mutually agreeable solution. The City in that case had imposed the requirement for this landscaping. • Asked that the former policy that called for screening landscaping be reinstated. • Stated that the neighbors should have been required to put in screening landscaping to protect her privacy. Now she has four windows looking into her house. • Reported that the trees she had proposed are all very appropriate for the space available. Commissioner Nagpal asked Ms. Muriel Mahrer if there is a reason why she did not appeal the administrative approval for this addition. Saratoga Planning Commission Minutes of September 22, 2004 Page 17 Ms. Muriel Mahrer replied that staff had told her that it would be useless to appeal as the law allows what was proposed. She said that she feels she has been damaged and does not want others to be damaged. She added that she wants something other than Italian Cypress and pointed out that a letter from Lisa Kurasch has also been provided. Ms. Lisa Kurasch: • Expressed her agreement with the comments of Ms. Muriel Mahrer. • Said that Ms. Muriel Mahrer had been very magnanimous in what she is asking for. • Suggested that the City look at what triggers there are when determining between an administrative process versus a public hearing process. • Stressed the importance of listening to the public. • Said that it can be intimidating to approach a neighbor and that a full public hearing takes that away and creates a more neutral process. • Stated that sensitivity to adjacent neighbors is important. Ms. Muriel Mahrer said that when citizens come to the Planning Department they are depending on staff expertise. She felt that way when she worked in government. This expertise should not just be provided to the applicant but also to anyone who has questions. Ms. Marjorie Attenberg, Foothill Lane, Saratoga: • Said that she has lived in Saratoga for 45 years and known Ms. Muriel Mahrer for many years. • Reported that Ms. Muriel Mahrer is a mediator and that her needs have been trampled upon by the Planning Department. • Stated that a seven-foot side yard setback is incredible to her and that she cannot see the fairness in that. Commissioner Hunter asked staff whether someone who comes to the counter is given the message that an appeal is not a good idea. Director Tom Sullivan replied no. Commissioner Hunter asked why more of the addition was placed on Ms. Muriel Mahrer’s side than on the other side of the neighbor’s house. Planner Lata Vasudevan replied that this was the applicant’s choice based upon the existing configuration of the house and the placement of their kitchen. She added that the right to appeal was clearly explained to Ms. Muriel Mahrer. She added that this is not a tall house. Commissioner Hunter compared this process to the project that was reviewed at a Study Session prior to this meeting. Director Tom Sullivan reminded the Commission that just two years ago the trigger points for the handling of Design Review Approvals was reviewed. A home that expands 49 percent or less is handled over the counter. A house that is enlarged by 50 percent or more is done through an administrative approval. Chair Garakani said that those approvals can be finalized if there are no complaints. Saratoga Planning Commission Minutes of September 22, 2004 Page 18 Director Tom Sullivan replied that this is not what the Code says. Either the Community Development Director can elect to send it to the Planning Commission or someone can appeal the Administrative decision. Commissioner Nagpal said that the public needs to be educated on their options, both neighbors and applicants. Commissioner Zutshi reminded that noticing does occur. Chair Garakani suggested that if any complaints occur, items should come to the Planning Commission. Commissioner Nagpal said that she disagreed. If they want to they can appeal to the Planning Commission. She asked what stopped Ms. Muriel Mahrer from appealing. Ms. Muriel Mahrer replied that she was told that there was not much good to appealing to the Planning Commission as what was approved was law. She added that she was unable to get a hold of the plan and that she had been unaware of how much room was available on the other side of her neighbor’s property. She added that when she asked for a copy of the plot plan she was denied access and told that it was against the law to provide a copy. Commissioner Hunter asked if things have changed regarding requirements for screening landscaping. Director Tom Sullivan said that he had suggested Italian Cypress, which is commonly used in tight areas. He added that he thought the trees proposed by Ms. Muriel Mahrer were inappropriate for a narrow side yard. Commissioner Zutshi asked if there is anything that can be done at this point. Director Tom Sullivan said that the two neighbors must come to some sort of an agreement. Commissioner Zutshi said that it appears the neighbor is not willing. Chair Garakani said that he wants to be sure that a good system is in place. Commissioner Rodgers asked if there is some sort of mediation process available. Director Tom Sullivan said that this is what the appeal process is for. Commissioner Rodgers asked Ms. Muriel Mahrer if she felt intimidated. Ms. Muriel Mahrer replied that she was counting on the expertise of staff to property direct her. Commissioner Nagpal said that the Commission does not always agree with everything that staff decides much like the Council does not always agree with everything that the Commission decides. Ms. Muriel Mahrer said that she disagrees with the staff opinion on the trees she proposed. She added that she could not get her neighbor to agree on screening. Saratoga Planning Commission Minutes of September 22, 2004 Page 19 Commissioner Hunter said that the staff is very nice. She added that the process might be intimidating for a senior citizen and that consideration should be taken to explain processes slowly and completely. Chair Garakani added that if staff sees that there is a concern, they should help that person initiate the appeal process. Commissioner Rodgers asked Ms. Muriel Mahrer about when the original notification of this project came to her. Ms. Muriel Mahrer advised that her neighbor came to her with his plans that the other neighbors had signed off on. She refused to sign and the neighbor refused to leave a set of plans with her for her review. Commissioner Rodgers asked Ms. Muriel Mahrer if she had felt intimidated. Ms. Muriel Mahrer replied yes, very, absolutely, as she has to live next door to them. She said that she needed staff’s backing to deal with them. She added that she had worked with these neighbors over the years. Commissioner Rodgers suggested that the language in the notification document be changed so that neighbors understand their right to refuse to sign off on proposed plans. Ms. Muriel Mahrer said that she wrote letters to express her concerns. Commissioner Nagpal said that staff knew that there was disagreement and the information provided on appeal rights need to be strengthened. Chair Garakani said that anyone one wishing to appeal could request an application and pay the filing fee. Commissioner Hunter said that perhaps Ms. Muriel Mahrer was unwilling to pay the fee. Ms. Muriel Mahrer said that she was told there was no point in appealing. Commissioner Hunter said that this appears to be a live and learn experience. Ms. Muriel Mahrer said that she agrees but that she does not want this to happen to anyone else. She reiterated that she had expected staff to back her in dealing with the screening issue. She was intimidated as she has to live next door to these neighbors. Chair Garakani stated that everyone is the customer, not just the applicant. Ms. Muriel Mahrer said that staff was polite but just did not provide the necessary expertise. Chair Garakani asked Ms. Lisa Kurasch how she would deal with this situation if she were still on the Commission. Ms. Lisa Kurasch: Saratoga Planning Commission Minutes of September 22, 2004 Page 20 • Stated that the complaint must be objectified. • Said that the triggers must be looked at in the process itself and evaluate if it is enough. • Suggested an exit poll and additional training. • Added that she herself had received the same interpretation regarding the appeal process. • Advised that if Ms. Muriel Mahrer had known that there was another configuration for her neighbor’s addition available, she would have appealed the decision. Director Tom Sullivan advised that hundreds of administrative design review approvals are granted each year. This is just one complaint. It is not warranted to indict the entire process. Chair Garakani said that it is okay to revisit the subject and see what can be done to help. If improvement is possible, why not. Director Tom Sullivan said that the canopy of the proposed trees would have resulted in a canopy that would be between 35 and 45 feet and therefore grow over both homes. Commissioner Nagpal said that she is hesitant to look at Code issues because of this one complaint. It may be a bit premature. Chair Garakani said that each Commissioner can review and discuss the process. Commissioner Hunter said that Ms. Muriel Mahrer is the only one to come before the Commission on this issue and the Commission should see how things go. Chair Garakani said that he would look into how to improve the system. Commissioner Nagpal said that the system is as friendly as possible and everyone has the right to appeal. That is the message that needs to be sent out. Commissioner Zutshi reminded that the notification letter mentions the 15-day appeal rights after a decision is made. Director Tom Sullivan added that the Notice of Intent also explains the process and rights. Commissioner Nagpal said that it is hard for staff to hear some of this and that this is just one case. Commissioner Rodgers suggested that the letter sent to neighbors seeking sign offs on plans be reviewed. Director Tom Sullivan said that the applicant sends out that particular letter. COMMUNICATIONS Letter from Nancy and Robb Kundtz regarding 21974 Heber Way. Director Tom Sullivan advised that a letter from the applicant for 21974 Heber Way has submitted a request for a continuance. This project pre-dates any existing staff. The applicant is requesting that their neighbors put down their requests and/or concerns in writing. Saratoga Planning Commission Minutes of September 22, 2004 Page 21 Mr. Robb Kundtz, 21974 Heber Way, Saratoga: • Said that he is a 13-year resident of the City and that this applicant did not follow the City’s procedures. Planner John Livingstone advised that the procedures in question were not in place when this application began its way through the system. Director Tom Sullivan cautioned that the Commission’s action this evening is for a continuance. The applicant has agreed to it. Planner John Livingstone said that the applicant is asking for continuance to November 10th. Mr. Robb Kundtz asked why the requirements for submitted applications do not apply in this case as far as requiring contact with neighbors. Director Tom Sullivan replied because those requirements had not been imposed in 1999. He added that this project would be advertised in the newspaper again and the neighborhood notification would be redone. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, Chair Garakani adjourned the meeting at 10:00 p.m. to the next Regular Planning Commission meeting of October 13, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk