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HomeMy WebLinkAbout07-28-1999 Planning Commission MinutesCITY OF SARATOGA PLANNING COMMISSION MINUTES Wednesday, July 28, 1999 - 7:30 p.m. Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chairwoman Bernald called the meeting to order at 7:35 p.m. Roll Call Present: Commissioners Kurasch, Page, Patrick, Roupe, Waltonsmith, and Chairwoman Bernald Absent: Commissioner Jackman Staff: Director Walgren Pledge of Allegiance Minutes - July 14, 1999 COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE THE JULY 14, 1999 MINUTES WITH THE FOLLOWING AMENDMENTS. PASSED 6-0 (JACKMAN ABSENT). Page 9, last paragraph, line 1: “Commissioner Patrick expressed she was concerned not by the appearance of with the amount of impervious coverage as proposed but that it was proposed.” Page 9, last paragraph, line 6: “...the height of the garage is an inappropriate height. Page 12, paragraph 7, line 2: “...but the plans do not show a the design for of the house.” Page 15, paragraph 2, line 3: “....the road behind the property is impervious and would promote runoff.” Page 21, last paragraph: “Commissioner Patrick Waltonsmith thanked Commissioner Kurasch...” Page 10, paragraph 2, line 5: “...the three front doors of the garage and that would may be an issue, too.” Page 14, paragraph 2 from the bottom, lines 4 and 5: “...behind it could be structured replaced with wires to hold the vine...” Line 5 amended to read: “....to eliminate the fence down near Pierce Road.” Page 21, paragraph 5, line 5: “He said the pool slope numbers listed in the table of numbers did not garner his attention until he visited the site and after having the building footprints taken and pool staked, it was determined that the slope was not 12 nor 13 percent were not noticed at the time. However, upon follow-up by Commissioner Kurasch, it was noted clearly that the slope number was not accurate.” Oral Communications There was no one present who wished to speak on matters not on the agenda. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 23, 1999. Planning Commission Minutes July 28, 1999 Page 2 ----------------------------------------------------------------------------------------------------------------------------- Technical Corrections to Packet Director Walgren announced two corrections to the agenda packet: 1. Under Public Hearing Item No. 3, the lot size of lot 2 in the agenda and staff report description is noted as 44,552 square feet and should be corrected to read 46,353 square feet; however, the table in the staff report lists the square footage correctly. 2. Under Public Hearing Item No. 4, page 3 of the agenda report referring to the Villa Montalvo parcel, the property is listed as being greater than 136 acres which translates into 450,000 square feet. The 450,00 square feet refers only to the 10 acres of the project site, as the overall site would be much larger. CONSENT CALENDAR None. PUBLIC HEARINGS 1. UP-96-013.1 (503-24-054) - SPRINT, 14429 Big Basin Way; Request for Use Permit approval to relocate a single eight foot pole with six antenna panels on the rooftop of the building to the far corners of the rooftop keeping the same height as the existing antennas. Equipment cabinets will remain in an existing garage on the first floor of the building. The parcel is 3,881 sq. ft. and is located in a Commercial Historic zoning district. An Environmental Initial Study and Negative Declaration have been prepared for this project. (CONTINUED FROM 7/14/99). ----------------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report, noting that the applicant has submitted a modified application that would separate the six panel antennas currently on a single pole and place them on the front two corners of the commercial building and one rear corner, providing enough horizontal separation to prevent interference with the existing antennae. Commissioner Waltonsmith asked whether using a different building in the city’s historic section had been discussed. Mr. Walgren responded that such discussion had not been held, but would be a valid direction for the Commission to consider. He said that the current conditional use permit approved a five foot tall antenna at the center of the building, and that the application to be considered by the Commission tonight requests a modification of that use permit. He noted that if the modification is denied, the applicant would have to decide whether to find an alternative location or endure the interference and stay at the same location. Chairwoman Bernald opened the Public Hearing at 7:50 p.m. Ms. Jennie Kim, representing Sprint PCS, 3875 Hopyard Road, Suite 425, Pleasanton, CA 94588 addressed the Commission. She said Sprint is not trying to add or take away anything, but merely trying to make the design better. Responding to a question from Commissioner Waltonsmith, Ms. Kim said that the chimney design blended Planning Commission Minutes July 28, 1999 Page 3 ----------------------------------------------------------------------------------------------------------------------------- in with the building, making it look less cluttered. She said the original plan considered by the Commission on July 14, 1999 was for a chimney facade in which the antennas are encased and are not visible; whereas the second option being considered tonight is visible. Commissioner Roupe, seeking a cost evaluation benefit from Sprint’s point of view, asked what the impact to the transmissions would be if the Commission decided to do nothing. Ms. Kim responded that currently a high potential for interference with the current Pacific Bell antennas exists, and Sprint is attempting to prevent that interference. She conveyed that the problem was both Sprint and Pacific Bell proposed installing their antennas simultaneously unbeknownst to each other. She said Sprint put in their antennas at the location which the city approved. She indicated that had Sprint known Pacific Bell was also installing antennas, Sprint would have developed a different design or worked with Pacific Bell to avoid such interference. Responding to a question from Commissioner Roupe regarding whether Pacific Bell had not placed its antennas in accordance with their use permit, Director Walgren stated that the Pacific Bell antennae actually predated the City’s requirement for a conditional use permit. He said they were installed through a simple administrative permit, and they were located exactly where they were approved to be located which is approximately the center of the building. He noted that Pacific Bell was the first antenna installed; the Sprint antenna came along afterwards and was reviewed in conjunction with the Pacific Bell antenna. Commissioner Page asked how much service would be interfered and whether only one or both transmissions would be impacted, and Ms. Kim responded that if there were interference, both would be impacted. Commissioner Patrick queried whether there was a requirement from the Federal Communications Commission or other regulatory agency that the newer installation be located where it does not interfere with the prior installation. Jeff Pellegrini, Radio Frequency Engineer representing Sprint PCS, responded in the affirmative, noting that when the installations were first proposed and first built, both carriers had a minimal number of customers and did not need as many channels transmitting from the site. He said that the customer base has been built up, the usage of the site has increased, and additional channels are necessary to accommodate the new customers. He stated that the additional channels would create interference between the sites; however, at this point the interference has not happened yet, and Sprint is trying to be proactive about modifying the design. He noted that neither he nor Ms. Kim were involved with the initial design and that this matter should have been reviewed and addressed at that point in anticipation of the increased need. Responding to a question from Commissioner Patrick regarding whether it would be reasonable to expect Pacific Bell to make a similar request in the future as a result of expanded need, Mr. Pellegrini said Pacific Bell would probably fall back on the fact that they were there first. He said this is Sprint’s problem because they are the second carrier and should have put an installation that would not create this problem. In response to Commissioner Patrick’s inquiry, Mr. Pellegrini said there would not be any additional antennas going on the site, and the intent of the application is to get additional isolation or separation from the Pacific Bell antennas so they are not standing toe-to-toe with one another. Mr. Pellegrini clarified that Sprint’s first proposal (the chimney design) would place Sprint’s antennas above Pacific Bell’s antennas, and the second design would move them to the same height horizontally Planning Commission Minutes July 28, 1999 Page 4 ----------------------------------------------------------------------------------------------------------------------------- away from Pacific Bell’s location. Chairwoman Bernald expressed concern whether either option would continue to work for the future. She asked if there was a third option which had not been explored yet. Commissioner Roupe asked whether the applicant had considered moving the antennas a few feet back in so they would not be so visibly obtrusive. Mr. Pellegrini responded that the second design did not meet 100 percent of Sprint guidelines for isolation, and to meet the standards for horizontal location would require an additional five feet off the roof. Responding to a question from Commissioner Kurasch regarding decreasing the number of antennas on top of the building and relocating them elsewhere, Mr. Pellegrini said that Sprint has three antennas on site, which is the minimum number of antennas on any site. Otto Crawford, 12471 Green Meadow Lane, Saratoga, owner of the building on which the antennas are located, said that 72 people were notified of this hearing two weeks ago, and to his knowledge nobody spoke or testified. He was not aware of any letters being written and stated that there was no opposition to the proposal. He said he spoke to nine property owners in the project’s immediate vicinity; there was no objection from any of them; and they all accept the chimney or re-arranging the antennas. He conveyed that the rent he collects from Sprint covers his Parking District annual assessment of $16-17,000, which he would lose if Sprint were to move. This would create a hardship for him and his family. He expressed he would not want to see Sprint move. COMMISSIONERS PAGE/ROUPE MOVED TO CLOSE THE PUBLIC HEARING AT 8:08 P.M. PASSED 6-0 (JACKMAN ABSENT). Commissioner Roupe acknowledged emerging and maturing technology and noted that the Commission tries to preserve the town’s historical area. He expressed appreciation for the applicant going back and developing an alternative to the chimney which many Commissioners felt was totally obtrusive. He conveyed that he continued to be concerned with the placement of the new antennas toward the front of the building as they would still be highly visible from a number of locations in town. He said he had reservations about the alternative design and would defer to his fellow Commissioners before making a final judgment. Commissioner Kurasch stated that she had reservations about the application. She said the Commission should try to accommodate reasonable use of property and take care of the community. She felt that this plan is not compatible with the historic district and the very prominent view it gives to the entry to downtown Saratoga. Commissioner Page agreed with what had been said. He said the real impact was not the building itself, but also the overall view from the Village - not only the neighbors, the residents, and the people who own the buildings, but the people who come into the community - and the kind of village feel the city projects and maintains. He commented that if the city is over inundated with technology type devices such as satellite dishes or antennas, it would give a less-than-a-village connotation. He noted that the Commission and the City Council are committed to maintaining and preserving the village effect, and he would not support the antennas toward the front of the building. He indicated he might be able to reassess his previous opinion that the chimney was not effective because he believes there is a significant number of cellular users in the city, and citizens should not be denied the right to use the service that they want. He stated he would be willing to reconsider his previous, negative opinion on the chimney. Planning Commission Minutes July 28, 1999 Page 5 ----------------------------------------------------------------------------------------------------------------------------- Commissioner Patrick expressed she was not opposed to the chimney previously, and she was not opposed to the second plan either. She acknowledged that there are new technologies and new requirements. She said as she observed the photos of the antennas, she noted they were different, but looked less obtrusive than what was already there. She indicated she would vote for either proposal. Commissioner Waltonsmith commented that she was in agreement with her fellow commissioners. She stated that she was concerned with how the antennae would look in the historic area. She noted it was not clear whether the Commission had heard the last of this issue; however, she expressed that as the industries expand, the Commission will be hearing that the providers cannot fit under one roof. She said she could not support having the antennas in the front. Chairwoman Bernald concurred with Commissioner Waltonsmith. She expressed concern about the historic nature of the building, noting that the building has a distinct architectural look to it. She said she could not support either of the applications because they would be too distracting to the architectural and historical nature of the downtown area. COMMISSIONERS KURASCH/PAGE MOVED TO DENY UP-96-013.1. APPROVED 4-2 (PATRICK, ROUPE OPPOSED; JACKMAN ABSENT). Commissioner Page asked whether it was appropriate to make a motion on the application previously considered by the Commission on July 14, 1999. Director Walgren responded that the application was for Exhibits A and B; that the application was to amend the original conditional use permit; and that the Commission voted to deny the amendment. Responding to a question from Commissioner Page, Director Walgren stated that if there was interest, there was a means to support Alternative A (considered July 14, 1999), and perhaps a straw vote should be taken to determine whether there was support to approve the original application before going through all the procedural motions. Chairwoman Bernald called for a straw vote. Commissioner Waltonsmith noted she could not support the chimney. Commissioner Patrick stated she could vote in favor of Alternative A. Chairwoman Bernald indicated she could not support the chimney. Commissioner Page conveyed he could support the chimney. Commissioner Kurasch indicated she could not support Alternative A. Commissioner Roupe stated he could support Alternative A. Director Walgren acknowledged that the action would be a failed motion. Chairwoman Bernald informed the applicant that the motion had failed, and the applicant could either submit a new application or appeal to the City Council. Planning Commission Minutes July 28, 1999 Page 6 ----------------------------------------------------------------------------------------------------------------------------- 2. DR-99-020 (397-02-002, Lot #1) - WESTBROOK BUILDERS, 18588 Allendale Avenue; Request for Design Review approval for a 4,499 sq. ft. single story residence with an 848 sq. ft. detached garage. Total floor area proposed is 5,347 sq. ft. Maximum height of the residence is proposed to be 20 ft., maximum height of the garage is proposed to be 15 ft. The site is located on a 43,800 (net) sq. ft. vacant parcel in an R-1-40,000 zoning district. (CONTINUED FROM 7/14/99). ----------------------------------------------------------------------------------------------------------------------------- Commissioner Kurasch recused herself from Items No. 2 and No. 3 because she is an adjacent homeowner. Director Walgren provided the staff report for both Items No. 2 and No. 3 in one single presentation; however, he noted that they should be considered separately. He reported that staff was recommending approval of both applications with conditions in the resolutions. Chairwoman Bernald opened the Public Hearing at 8:23 p.m. John Voisinet, 1408 Petal Way, Saratoga, addressed the Commission, noting that he purchased and split the property. He said he met with all the neighbors, and none had a concern with the project. He stated that modifications for the neighbors include a view corridor down the creek and keeping a two-story house on the site. He noted that he preferred not to grade the natural hillside too much. Responding to a question from Commissioner Waltonsmith regarding the big spruce tree in the center, Mr. Voisinet stated that the requirement of a minimum clearance of 15 feet has been met. In response to Commissioner Page’s inquiry regarding using wood instead of wrought iron for the balconies on the two-story house, Mr. Voisinet noted that wood was being used as facades on the popouts and he chose wrought iron because the balconies do not have coverings. He said he was concerned with the wood eventually rotting and the danger associated with rotting wood. Ron Ware, 7352 Prendivale Drive, San Jose, designer of the house, stated he had concerns in trying to maintain a look consistent to the area and avoiding obtrusive issues. He said that on lot #1, the design focus was to create a Spanish/ranch style house which embraced many courtyards wrapped around existing trees. With low slope roofs, he introduced the use of rock into the building to give it more of an anchor into the environment. He described the house on lot# 2 as a little more eclectic, geared towards similar houses in southern France, giving more character to the house. Mr. Ware commented that his first concern with lot #2 was the challenge of a grove of trees in an area that was the most desirable location to build on with the least amount of grading and as little impact on the creek as possible. He said to address the grading constraints, the top floor is basically a half floor in that all the perimeter walls are low walls with dormers popping out to limit the impact of vertical surfaces on the surrounding neighbors. He stated that areas with vertical faces or large wall faces were softened with trellises. He said the house steps have a total of about 3 feet of elevation change from a rear corner of the house up towards the front corner of the house to mitigate any kind of appearance of a big house sitting there. He said most of the neighbors have been in favor of the project because the applicant is maintaining the view corridor down the creek which is a natural feature. Commissioner Waltonsmith referred to the Allendale thoroughfare being two-story houses, and Ravenwood, of which the project is a part, being single-family homes. She asked whether a single-story for lot #2 had been considered. Mr. Ware responded that a single-story house would require an immense amount of grading, pushing it into a flood bank along the creek. Planning Commission Minutes July 28, 1999 Page 7 ----------------------------------------------------------------------------------------------------------------------------- Responding to Commissioner Patrick’s question regarding staff’s recommendation to change the roofing, Mr. Ware said the neighboring properties are predominantly woodshake. He said for the design of the house, an S-tile is more appropriate for the look of the house. Chairwoman Bernald referred to lot #2, noted the driveway filled up the front house, and asked if any softening elements such as planters would be going in the very front of the house. Mr. Ware responded that certain areas had been left open for plantings as well as along the front of the living room facing the creek. Commissioner Waltonsmith noted that the ivy near the big trees was growing wild and that the redwood tree was yellowing. Mr. Voisinet responded that the trees have been watered and that the ivy will be trimmed off the trees soon. He said that the redwood tree had not been watered by the previous owner; however, he was told it was natural for the tree to yellow during certain times of the year. He said he would call and ask the arborist. COMMISSIONERS PAGE/ROUPE MOVED TO CLOSE THE PUBLIC HEARING AT 8:34 P.M. PASSED 5-0 (JACKMAN ABSENT; KURASCH RECUSED). Commissioner Waltsonmith expressed concern with the roof. She said that to be consistent with the neighborhood, she would recommend the shingle roof which would be more appropriate for the area. She was also concerned about the separate garage. Commissioner Patrick concurred with Commissioner Waltonsmith regarding the roof. She felt that the red roof was fairly obtrusive in the area. She would suggest a shingle-type roof as required by code in a color approved by staff. Commissioner Page agreed with comments stated. Commissioner Roupe clarified with Director Walgren the conditions regarding the roof requirement. Chairwoman Bernald concurred with earlier comments, noting that this is an appropriate building for the site. COMMISSIONERS WALTONSMITH/PAGE MOVED TO APPROVE DR-99-020 (FOR THE PROPERTY AT 18588 ALLENDALE AVENUE). PASSED 5-0 (JACKMAN ABSENT; KURASCH RECUSED). 3. DR-99-019 (397-02-002, Lot #2) - WESTBROOK BUILDERS, 18600 Allendale Avenue; Request for Design Review approval for a 4,812 sq. ft. two-story residence with a maximum height of 25 ft. The site is located on a 44,552 (net) sq. ft. vacant parcel in an R-1-40,000 zoning district. (CONTINUED FROM 7/14/99). ----------------------------------------------------------------------------------------------------------------------------- (Commissioner Kurasch recused herself earlier for Items No. 2 and No. 3.) (Director Walgren earlier presented the staff report under Item No. 2.) Planning Commission Minutes July 28, 1999 Page 8 ----------------------------------------------------------------------------------------------------------------------------- Commissioner Page noted this was a great design. He said he appreciated the explanation of the wrought iron for the balconies, and noted that the applicant has done a great job of not impacting the creek. He originally thought it was a bit bulky but with the explanation of the plantings to soften the area, it is an appropriate house for the lot, and he will support it. Commissioners Patrick and Roupe concurred with Commissioner Page. Commissioner Waltonsmith concurred with other Commissioners, stating that at first she was not in favor of the two-story building but now understands why it was designed that way. Chairwoman Bernald stated she would support the application. COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE DR-99-019 (FOR THE PROPERTY AT 18600 ALLENDALE AVENUE.) PASSED 5-0 (JACKMAN ABSENT; KURASCH RECUSED.) Chairwoman Bernald commended the applicant noting that the Commission received many laudatory letters from the site neighbors. 4. UP-99-002 & DR-99-003 (517-15-012 & 517-15-013) - MONTALVO ASSOCIATES, 15400 Montalvo Road; Request for Use Permit and Design Review approval to construct ten new “Artists in Residency” cottages ranging in size from 492 sq. ft. to 957 sq. ft. and a 2,478 sq. ft. common building on the hill above parking Lot 1 at Villa Montalvo. The property is located in an R-1-40,000 zoning district. The Villa Montalvo property is over 136 acres and the proposed project area is approximately ten acres. An Environmental Initial Study and Negative Declaration have been prepared for this project pursuant to the requirements of the California Environmental Quality Act. ----------------------------------------------------------------------------------------------------------------------------- Commissioner Kurasch returned to the meeting. Director Walgren presented the details of the staff report, noting that the City’s use permit does not cover the overall facility and is very specific to the expansion that took place many years ago. He provided a brief history indicating that there had been extensive debate in the community over the years, particularly about the summer concert series at Villa Montalvo. After attempting to negotiate a use permit or a letter of understanding several years ago, a court-ordered settlement governing the concerts was issued. He stated that this evening the Commission is considering an application only for the expansion of the Artist in Residency component. He conveyed that the applicants have worked with staff to develop the project and with a diverse group of architects and artists who developed the individual cottage plans. He said the common building at the base of the property would require the removal of a large and significant Coast Live Oak tree. He noted that the buildings are very contemporary and unique with custom architecture not consistent with the historic Villa Montalvo building; however, the City’s Historical Preservation Commission has reviewed the application and, considering that these Artist in Residency cottages are not directly adjacent to the historical Villa building, has accepted that they would be appropriate for the particular site. He said the prominence of the common building echoes the detail building of the Villa and would be the only building one would see from a public view if one were driving to the facility or in the parking lot. Responding to a question from Chairwoman Bernald regarding whether Commissioners who are contributors to Villa Montalvo would have to recuse themselves from this item, Director Walgren stated that staff has consulted with the City Attorney regarding this matter, and contributing to a nonprofit organization such as Montalvo should not constitute a conflict of interest. Planning Commission Minutes July 28, 1999 Page 9 ----------------------------------------------------------------------------------------------------------------------------- Chairwoman Bernald mentioned that one of the members of the architect search committee is her neighbor and she has spoken to him about this subject. She said their latest communication was her suggesting that the Commission see color renderings to get a better idea of the proposal. Director Walgren responded to questions from Commissioner Waltonsmith regarding the reason for the small buildings being very close together and whether the Negative Declaration was done by an outside firm or by the city. Commissioner Page asked whether a site survey had been done to determine if the California red-legged frog is nesting and breeding, and Director Walgren stated he would take a moment to read the materials as there might be something in the file to answer the question. Commissioner Kurasch clarified that the California red-legged frog is listed as a threatened (not “threaten” as listed in the report) species. She asked what would be the outcome if a survey revealed that the frog was nearby and whether this would result in a mitigated Negative Declaration. Director Walgren stated he would review the materials for a response. Commissioner Roupe asked about the use permit in existence which addresses the Artist in Residency program. Director Walgren responded that there was no overall use permit for the entire Villa Montalvo site, noting that was one of the issues that the City Council was negotiating several years ago which ultimately resulted in litigation. He said the court order is not a blanket use permit as the City would have issued. In response to Commissioner Kurasch’s question regarding the amount of grading, Director Walgren referred her to the preliminary engineer plan in the staff report. Chairwoman Bernald opened the Public Hearing at 8:55 p.m. Don Stastny, Stastnybrun Architects, stated he is the coordinating architect of the architect/artist teams. He distributed a diagram outlining the various activities of the design. He described the Artist in Residency program as the oldest such program in the western United States. He said when the overall project began, the team went through an extensive program of what the residences should be and the following criteria was developed: That the cottages be functional, that each studio have a place to sleep, a small kitchen, a bathroom, and kept as small as possible. He said the cottages should be inspirational, and give artists a place to practice their art. He stated that within the design of these various cottages careful review would be given to environmental types of design in the materials. He noted that another characteristic was costs, stating that the project is limited, budgeted by donations and paid by donations. Mr. Stastny conveyed that once the criteria had been established, an invitational process was coordinated to select five architects and artists to work on designing the cottages. He said that five teams, consisting of an architect and an artist, were assigned to design two cottages each. He explained that a sixth team, composed of himself as the coordinating architect and an artist teamed up to design the common building. He noted that a landscape architect came in and worked with all six teams to create a cohesive and coherent site plan. He said when the concept designs for the buildings and site plan were completed, the team went through another series of studies and evaluations which became the planning proposal in the application submitted to the city. He said the teams worked with staff for over a year on this process, and Director Walgren and his staff have been most extraordinary in helping through the issues. Planning Commission Minutes July 28, 1999 Page 10 ----------------------------------------------------------------------------------------------------------------------------- Commissioner Waltsonsmith noted that the common building is an introduction and transition point to focus on the historic continuity and the contemporary. She conveyed that she did not see too much of the historic in that component. She expressed concern with the multiple colors which did not seem to be too much classic contemporary and asked how those become part of the classic Montalvo. Mr. Stastny, illustrating a project model, responded that the common building is a two-sided building, and the side that faces into the parking lot is inclusive with the trellis, the columns, and the stucco front in the facade and other elements throughout the Villa and old mansion. He said the backside is a much more contemporary interpretation which relates more to creating a village. He explained that the front side is only a single color and the multiple colors are in the back. Responding to a question from Commissioner Waltonsmith regarding how the five different units would connect, Mr. Stastny stated that each unit shares commonalities associated with the use of each cottage. Each cottage is distinctly different, creating varied space for either writers, performance artists, or visual artists. He noted each set of cottages has a certain aesthetic and theme to it. Responding to a question from Commissioner Page regarding the front of the building, Mr. Stastny said the color of the stucco would be the same as that of the Villa. Commissioner Kurasch expressed concern with the reflective quality of galvanized sidings on some of the buildings, and asked where they would be located and if there was a finish or similar material that would not reflect too severely. Mr. Stastny responded that the accents occur on two of the cottages. The galvanized material which would be used is not the shiny galvanized type. He said it is a kind of galvanization that tends to go into a much more weathered approach and after a year of wear and sun, it tones down dramatically. Commissioner Kurasch asked whether consideration was given to any other materials, textures, or unifying theme related to anything else on the property other than the columns. Mr. Stastny responded that each cottage is very much tailored to the particular piece of land on which it is located. He said when the cottages are built, it will appear that each cottage is growing out of the particular piece of land. He described the cottages as small, between 500 to 800 square feet. In response to Commissioner Kurasch’s inquiry regarding solar materials, Mr. Stastny stated that solar is currently being explored. He said that Villa Montalvo has retained another architect to help with the construction document process to define and finalize the list of materials, and they will be looking for commonalities. He conveyed that currently solar is proposed for two of the cottages which have south- facing skylights. Commissioner Kurasch expressed concern that some of the trees overlap the oaks or existing native trees to be retained, particularly in the visual artist and the writer cottages in the center by the geological setback and also over a little bit closer to the music cottages. She asked Mr. Stastny for an explanation. Mr. Stastny responded that the applicants are working with H.T. Harvey who will continue to work with the biotic part of the project. He said the trees shown look like they impinge on the oaks and that needs to be corrected. Responding to a question from Commissioner Roupe regarding what appeared to be a gallery or amphitheater between the two buildings, Mr. Stastny replied that the landscape steps address the grade Planning Commission Minutes July 28, 1999 Page 11 ----------------------------------------------------------------------------------------------------------------------------- difference from the top to the bottom which is probably about 12 feet in the specific area. Commissioner Roupe referred to the proposed copper roof on the common building and reiterated the Commission’s concern that the copper be properly sealed to prevent leaching into the soil. Mr. Stastny referred to an earlier question regarding the California red-legged frog, and stated that the original recommendation to do the study was accepted by Villa Montalvo who has funded the study. He said four examinations were done on the site during the day, evening, and during the nesting or egg-laying period, and no evidence was found. He said it has been recommended that another survey be done a week before construction begins, and if anything is identified at that time, mitigation would be done before construction starts. Commissioner Waltonsmith expressed she was worried about the riparian corridor, and Mr. Stastny responded that the applicants are complying with criteria for the roadway set by the Fire Chief which had to do with a certain amount of grade for a certain amount of curvature and radius limitations. Responding to Commissioner Kurasch’s question regarding handicap accessibility, Mr. Stastny responded that the ruling from the Building Department was that the common building was a public building and should be handicap accessible. He said the other buildings are seen as private residences which do not require handicap accessibility. Regardless, Villa Montalvo, as part of their program, made a policy decision that they wanted to make the site as accessible as possible within the limitations of the grades on the property. He said consequently one writer cottage, one visual artist cottage, and two composer cottages are handicap accessible by a policy decision of Villa Montalvo. Beverly Phipps, 15270 Norton Road, stated he resides two houses away from the site. He said he has attended a number of meetings regarding this project and he has been excited by the idea. He noted the project is an imaginative concept, the constraints are well conceived, the committee responsive and responsible, and feels it is intended to be of high quality. However, he stated he still has concerns. Using an overhead projector, he described his concerns. He referred to a survey conducted by the City in which the natural scenic backdrop of the hillsides was identified as the single highest priority by a large margin of the citizens of Saratoga. He referred to the old ordinance from which he cited that the natural visual character of the westside hillsides is to be preserved. He said this proposal will add 10 residences and a common building which combined with the development of the novitiate property will more than double the number of residences on this hillside. He said the development will have to be done with extra care to avoid loss of the visual character of the hillside. He said that the added upkeep expense will require more outdoor concerts to generate more money to pay for the upkeep. He commented that these are handsome buildings, well-conceived, but ten is too many for this site, specially considering other developments which are pending. Mr. Phipps responded to questions from Commissioners. Sally Lucas, Saratoga resident for over 40 years, stated she has supported Villa Montalvo with time and money the last 13 years. She said this was a wonderful opportunity for this land in Saratoga, and expressed her support. Elisbeth Challener, Executive Director of Villa Montalvo, stated that in the ten years she has been Executive Director, Villa Montalvo has tried to meet the needs of the growing community through children’s performing arts camps, education outreach programs for students, a diverse array of concerts, and public access to the villa and grounds. She said it is now time to focus on the soul of what Villa Montalvo stands for - its artist residency program, one of the oldest such programs in the United States. Planning Commission Minutes July 28, 1999 Page 12 ----------------------------------------------------------------------------------------------------------------------------- She provided a background of Villa Montalvo’s history and Senator Phelan’s legacy. She commented that the Montalvo Board, staff, and community volunteers, many of whom were present in the audience and stood to show their support, looked forward to the realization of the dream of building a new complex for resident artists, a dream that was actually first expressed back in 1940 by Montalvo’s first Executive Director. Chairperson Bernald referred to Mr. Phipps’ concern about supporting the maintenance, and asked Ms. Challener to address the issue. Ms. Challener responded that she understood Mr. Phipps’ concern about concerts and pointed out that Montalvo is under a court regulation which specifies how many outdoor concerts can be held there; therefore, there is no plan to increase outdoor concerts. Additionally, she said Mr. Phipps is correct that it will take additional funding to support the new complex, and as a nonprofit organization, fund-raising is a major activity. Responding to Chairperson Bernald’s inquiry regarding raising funds and the length of time it will take to complete the project, Ms. Challener said that the project is expected to cost approximately $4 million; to date $2.5 million has been raised. It is anticipated fund-raising will be completed during the next year. Ms. Challener said that Mr. Stastny would respond to the length of the construction period. E.J. Tim Harris, property owner of 20560 Montalvo Lane, adjacent to Montalvo, addressed the Council stating he is familiar with the proposed project and is in full support. Mr. Stastny stated that the contractor is projecting a construction period of ten to twelve months, depending on weather conditions. He said construction could have commenced this fall, but due to unpredictable winter rains, the work is planned to begin next spring. He said in meeting with the neighbors, one of their concerns is the amount of traffic both from the artist residences and from the construction and after discussions, the whole construction program has been geared to entering and exiting through the exit road for Villa Montalvo, which seemed to be the preference of the neighbors. Responding to questions from Chairperson Bernald, Mr. Stastny stated that no soil would be taken off the site. He also said that the construction would be staged in such a way that minimizes disruption as much as possible. Commissioner Kurasch noted that the Parks and Recreation Commission was asked to review the proposal and asked what their view was regarding trails. Philip Boyce, Chairman of the Building & Grounds Committee for Villa Montalvo, said that only the trails would be relocated and is listed in the conditions to relocate to the north from the south. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING AT 9:43 P.M. PASSED 6-0 (JACKMAN ABSENT). Commissioner Patrick stated she was impressed with the thought and care that has gone into the whole project. She said Montalvo is a very important part of Saratoga. She said the program and housing proposed is an important part of, and will continue to be an important part of, Saratoga. She indicated she had no objection to anything the applicant is proposing. She said the design is exciting. She commented that she listened to Mr. Phipps and the issues he presented; however, she is not convinced by his presentation that this project would visually impact anyone to an extent that an accommodation separate from the plan would be proposed, and she intends to support the project in its totality. Planning Commission Minutes July 28, 1999 Page 13 ----------------------------------------------------------------------------------------------------------------------------- Commissioner Page concurred and conveyed that he was totally impressed with the uniqueness and the excitement that each individual cottage presents. He said this is going to be a stellar and significant project in the city. He stated he walked the entire height of the site and could not see any element of the valley floor and is in total support of the project. Commissioner Waltonsmith agreed with earlier comments. She considers the project an art piece and likes it. She said she would vote to approve the project. Commissioner Kurasch commented she was impressed with the amount of effort and care which went into the design and placement. She stated she was concerned about the common building and transition element. She noted that Frank Lloyd Wright developed a sense of place in every project he designed; every project had a reflection of its integration into its environment and context; and his projects had a richness of materials to be utilized. She said he used a plethora of modern techniques and machine-made products in a way that had the flavor of the natural environment of the stone, the brick, the textures, light and air in windows, which she would like to see in this project. She commented that because this is a public space, she would want respect for handicap use, for established trails, and for riparian corridors. Additionally, she said she still had a concern with the riparian loss. Commissioner Roupe stated he was fully supportive of the project. He said it was a wonderful application and use of an orchard. He said the thoughtfulness and skill of the architects and artists will add a jewel to a crown in the community. Chairperson Bernald concurred with fellow Commissioners. Additionally, she commended the applicants for the amount of work put into the project. She said that this project has dealt with so many issues from the biology to trees, to parks, to trails, to the geologic, and other concerns with great depth and detail. She noted that it makes the task easier when the Commission gets a project that is complete. COMMISSIONERS PAGE/PATRICK MOVED TO APPROVE UP-99-002. PASSED 6-0 (JACKMAN ABSENT). COMMISSIONERS PAGE/PATRICK MOVED TO APPROVE DR-99-003. PASSED 6-0 (JACKMAN ABSENT). COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE THE NEGATIVE DECLARATION. PASSED 6-0 (JACKMAN ABSENT). Commissioner Roupe noted that a diversity of activity takes place at Montalvo without any existing permit and asked Director Walgren whether anything could be done under the city’s current system to bring Montalvo into conformance with a grandfather use permit or something of that nature. Director Walgren responded that the City Council had attempted to achieve exactly that several years ago, resulting in a court-order that governs the concert series. With the Commission’s action tonight a conditional use permit now regulates the Artist in Residency program. The City Council undertook the subject of an overall use permit years ago through meetings, studies, and community input. It took over a year to develop the use permits which evolved into a Memorandum Of Understanding and resulted in litigation. He said that as long as the court order is valid, it would be used to regulate the property. Chairperson Bernald declared a recess at 9:55 p.m. Upon reconvening at 10:00 p.m. the same Planning Commission Minutes July 28, 1999 Page 14 ----------------------------------------------------------------------------------------------------------------------------- Commissioners and staff were present. 5. DR-99-025 (397-24-010 & 397-24-073) - PINN BROTHERS, 20026 Spaich Court (Lot #3 of the Hayfield Estates subdivision); Request for Design Review approval to construct a new 5,909 sq. ft., one-story residence. The site is 55,834 sq. ft. and is located within an R-1-20,000 zoning district. ----------------------------------------------------------------------------------------------------------------------------- Commissioner Kurasch recused herself because she has a financial contractual agreement with an adjacent property owner. Director Walgren presented the staff report. Chuck Bommarito, representing Pinn Brothers Construction, stated he had read the staff report and concurred with it. He noted that the neighbors had been apprised of the tentative map before submitting for city review. Mr. Bommarito responded to a question from Commissioner Page, noting that the rear of the house is all stucco. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING AT 10:04 P.M. PASSED 5-0 (JACKMAN ABSENT; KURASCH RECUSED). Commissioner Roupe commented that the project was in accordance with the subdivision and zoning requirements, and he would vote to support it. Commissioner Page stated that the project was well-designed, meets all the standards, and he would vote to support it. Commissioner Patrick noted that the project is compatible with the neighborhood. Commissioner Waltonsmith said that the house is compatible with the other houses and likes the project. Chairwoman Bernald concurred with other Commissioners. COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE DR-99-025. PASSED 5-0 (JACKMAN ABSENT; KURASCH RECUSED). DIRECTOR ITEMS - Appeal of Administrative Accessory Structure Approval: WRIGHT, 15142 Sobey Road ----------------------------------------------------------------------------------------------------------------------------- Commissioner Kurasch returned to the meeting. Director Walgren presented the staff report, noting this is an appeal of an administrative decision which is being conducted similar to a public hearing to allow everyone, including the applicants, appellants, and neighbors to speak. Jim Grellas and Carol Lynn Grellas, 15160 Sobey Road, addressed the Commission, expressing reasons why they object to the batting cage. Mr. Grellas said he did not want to be unreasonable; however, the number one factor is noise which is difficult to tolerate. He said although there had been no batting Planning Commission Minutes July 28, 1999 Page 15 ----------------------------------------------------------------------------------------------------------------------------- activity, the loud music created a lot of noise. He stated that the cage is close to his property and in a bad spot from the Grellases’ point of view. He noted that the hitting area and home plate are directly in line with the Grellas kitchen, master bedroom and living room. He said because of the location of the cage the hillside view from his home is gone. Additionally, he said the redwoods installed by the applicant to protect the structure will eventually grow and block out sunlight into the Grellas property. He acknowledged that the safety issue was addressed in the staff report; however, there could be minimal risks with balls going through the netting. He commented he was not against his neighbor’s children playing baseball, and noted they could play elsewhere, but his family could not move elsewhere. He requested that the Commission vote to remove the batting cage and that the redwood trees be replanted elsewhere on the Wright property. Commissioner Patrick noted that the structure appeared to be about three feet higher than it should be and asked Mr. Grellas if it would make any difference to him were it to be reduced three feet. Mr. Grellas responded that the reduction in height would make no difference as the main factor is the noise which is very disruptive. Responding to a question from Commissioner Patrick regarding comparing noise levels of a batting cage with a tennis court, Mr. Grellas stated there was probably no comparison and indicated that aluminum bats are very loud. Commissioner Patrick asked what the difference was between a tennis machine and a batting cage, and Mr. Grellas responded that the batting cage is a louder sound, especially when a hard ball is hit by an aluminum bat, than a ping off of a tennis racket. Commissioner Patrick asked Mr. Grellas whether his safety concerns would be alleviated if the batting cage was surrounded by wire screening materials as seen on tennis courts. Mr. Grellas responded that his concerns would probably be alleviated, but that would be getting into another set of problems. Commissioner Roupe shared that he is a tennis player and noted that tennis is not as disruptive and is much different from an aluminum bat connecting with a hard ball. Commissioner Roupe noted that if the site were approved, it would require substantial alteration either in the natural grade for a 10-foot high structure or would require reducing the structure to 5-7 feet, which he believes would impair its usefulness as a batting cage. Cindy Wright addressed the Commission, noting she resides at 15142 Sobey Road with her three boys, ages 14, 11, and 7. She stated she has a teaching background and feels that academics are important as are physical and athletic activities. She explained why the cage was not located in another area previously discussed. She said that particular area is wet during certain seasons and the property could not be disked because tractors have been stuck in that area. She stated that another cause is that the area is too far from her home and she would not be able to see her boys. Other reasons included the high traffic in the area, problems with vandalism, and attractive nuisance. She addressed the noise issue, commenting that noise travels two ways, and with children playing, there is normal neighborhood noise. She said her two oldest boys would be using the cage 50 percent of the time for catching balls and not batting. She said she has put in thousands of dollars to make the area appropriate and aesthetically pleasing. She noted that the redwood trees were planted ten years ago. She said she thought the idea was to put some kind of sound barrier there, or even a visual barrier so that the Grellases would not have to look at the project, and she Planning Commission Minutes July 28, 1999 Page 16 ----------------------------------------------------------------------------------------------------------------------------- thought she had complied with the code. In response to Chairwoman Bernald’s question regarding the redwood trees, Ms. Wright said that the double layered trees were planted in 1992. In response to a question from Commissioner Roupe, Ms. Wright said that the cage could be lowered, explaining it was put at 12 feet because it was purchased as such. She said it would not bother her if the cage were 7 feet tall and it would not impair its usefulness. Responding to a question from Commissioner Waltonsmith, Ms. Wright said that the lower area is very wet during the wet season; and the reason it is dry now is because a significant amount of soil was brought in from the batting cage area. Commissioner Kurasch asked whether the drainage was primarily from the rain, and Ms. Wright responded that the drainage was runoff from a culvert higher up the hill coming down Sobey. David N.K. Wanh, 15230 Sobey Road, addressed the Commission. He resides in the eastern side of the Wright property. He spoke of the batting cage, evening lights, noise, batting, yelling, which is very disruptive. He said these activities are only 35 feet from his living room and master bedroom, and the noise is intolerable. He stated that recently he applied for a permit to build a meditation pavilion in his home 30 feet from the structure, and said he would not be able to meditate with the noise. He asked the Commission to seriously consider making a wise decision regarding this matter. Jolie Houston, 10 Almaden Boulevard, San Jose, addressed the Commission, noting she was representing the Grellases and identified herself as the person who drafted the appeal letter in the agenda packet. She quoted from the Saratoga code defining a recreational court. She pointed out that a professional batting cage is not recreational use, is not similar to tennis nor basketball, and has high intense use that is not fit for a recreational area. She noted that recreational courts shall not be illuminated by exterior lighting. She stated that the structure has a direct impact on the neighbors and it is affecting their use of their property. She said Ms. Wright has expended a lot of time and energy on this, but she does not have a valid permit. She requested that the alternative location be explored and perhaps a cement pad or similar material be installed if the area is still wet. David Ezgar, 5119 Eppling Lane, San Jose, identified himself as Carol Lynn Grellas’ brother, discussed how the structure and noise has affected the Grellases and how it could destroy lifestyles of other neighbors. Mr. Grellas addressed the Commission and stated he wanted to clarify that the redwood trees were not there previously and that the alternative location area is dry. Commissioner Page noted that the boys had played basketball and T-ball in the subject location and asked Mr. Grellas whether that had ever bothered him in the past. Mr. Grellas said that the basketball hoop is farther away, and he did not remember anybody playing T-ball. Commissioner Roupe stated that the structure is nonconforming and substantial modifications would have to be made which would raise the question of earth removal and other issues to make this a conforming structure. He said if it were a conforming structure, it would impose on the neighbors and the use of their property, their peace and quiet that they deserve. He would encourage an alternative location which with proper drainage could make it acceptable. He said he opposes the structure and its location and would ask Planning Commission Minutes July 28, 1999 Page 17 ----------------------------------------------------------------------------------------------------------------------------- the applicant to seek an alternative. Commissioner Kurasch concurred, noting that from the configuration of the lot, these are huge properties, and the structure is right next to someone’s private area which makes it impossible to escape noise. She said this is a compatibility issue with the neighborhood. She would urge an alternative plan as everyone needs to enjoy their property. She would vote to deny approval of the structure. Commissioner Page noted that although he believes one should be able to do what one wants to with their property, he would want to subscribe to what the City Council has stated. He said the Council would not approve a tennis court that was 30'-40' away from another property because of the noise they make. He expressed that in this matter the noise is a significant impact and he would uphold the appeal. Commissioner Patrick conveyed that if this structure were conforming to the correct height she would not disapprove it. She said she heard the neighbors complaining about lights which are not allowed. She said she heard them say that the height was obtrusive, and that would have to be reduced. She suggested another option could be to restrict the hours of use. She noted she would not oppose a restriction of use to sunlight hours, afternoon hours, or something that seems to be an appropriate length of time. She said she is not objecting to kids having to play. Commissioner Waltonsmith stated she believes this goes beyond recreational noise, and she will be voting to deny the cage. Chairperson Bernald stated that if this issue had come before the Commission, the Commission probably would not have approved the project. She said the City gave the applicant fair warning not to proceed with the cage. She noted that the applicant did a good job with the landscaping except for the redwood trees which are planted too closely together and will not thrive. She said if this had been an empty lot in the specific area and the project had come before the Commission, she would not have voted to support its location. She commented that she agreed with Commissioners Roupe and Waltonsmith that there are drainage options. She said the appropriate siting for this project would be down off of Sobey Road in the lower area. She noted that the lights should not be used, the City should not have to monitor illegal uses of illegal structures, and she cannot support the project. COMMISSIONERS ROUPE/KURASCH MOVED TO UPHOLD AS-99-001 APPEAL AND DENY THE CONSTRUCTION OF THE BATTING CAGE AT ITS CURRENT LOCATION. PASSED 6-0 (JACKMAN ABSENT). COMMISSION ITEMS i. Chairperson Bernald announced that she received a call from Councilmember Stan Bogosian inviting Commissioners to a water walk tour along the creek with him and Councilmember Evan Baker on August 4, 1999. ii. It was noted that two Commissioners would be out of town on September 24, the proposed date for a Commission retreat. Consensus was that each Commissioner would contact Director Walgren with dates they would be available for a retreat. COMMUNICATIONS Planning Commission Minutes July 28, 1999 Page 18 ----------------------------------------------------------------------------------------------------------------------------- Written The following written communications were noted: - City Council Minutes for Regular Meeting of July 7, 1999 - Planning Commission Notices for Regular Meeting of August 11, 1999 ADJOURNMENT TO NEXT MEETING With no further business to conduct, Chairperson Bernald adjourned the meeting at 11:05 p.m. to Wednesday, August 11, 1999, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Lynda Ramirez Jones Minutes Clerk