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HomeMy WebLinkAbout09-22-1999 Planning Commission MinutesCITY OF SARATOGA PLANNING COMMISSION MINUTES Wednesday, September 22, 1999 - 7:30 p.m. Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Roll Call Present: Commissioners Jackman, Kurasch, Page, Patrick, Roupe and Chairwoman Bernald Absent: None Staff: Community Development Director James Walgren, who welcomed City Attorney Richard Taylor to the meeting Pledge of Allegiance Minutes Minutes of the Planning Commission meetings of September 8 and 22, 1999, will be considered at the meeting of October 13, 1999, due to absence of the Minutes Clerk. Oral Communications - None. Report of Posting Agenda Director Walgren declared that Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 17, 1999. Technical Corrections to Packet - None. CONSENT CALENDAR 1. SD-98-009 & DR-98-070 (397-27-031) - NAVICO, INC., 14230 Saratoga-Sunnyvale Road; Request for Tentative Map and Design Review approval for the subdivision of a 24,391 square foot parcel into six parcels ranging in size from 2,300 to 3,370 square feet. The remaining 7,451 square feet will be common area. Six townhomes ranging in size from approximately 2,700 to 2,900 square feet will be constructed on the new lots. The site is located within an R-M-3,000 zoning district. (CONTINUED TO 10/13/99 AT THE REQUEST OF THE APPLICANTS). COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 6- 0. PUBLIC HEARINGS 2. DR-99-034 (397-16-067) - ARCHDEACON, 19628 Kenosha Avenue; Request for Design Review approval to remodel and add a 1,344 square foot one-story addition to an existing 4,472 square foot single story residence. The new roof will be 22 feet, six inches high. The site is 37,069 square feet and is located within an R-1-40,000 zoning district. --------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report, noting that the proposal is a request to partially demolish, renovate, Planning Commission Minutes September 22, 1999 Page 2 and reconstruct an existing single-story home located in an R-1 40,000 zoning district. He said the parcel is just under 40,000 square feet, a resulting parcel size of the planned community zoning designation that was used for this particular site division when it was created some time ago. The offset land was used for frontage improvements which was permitted by the zoning designation. The proposal is to add approximately 1,344 square feet to an existing 4,472 square foot. He said the existing home is approximately 16 feet in height. He stated that the addition meets all minimum zoning ordinance requirements in terms of setbacks and lot coverage and maximum permitted floor area. He said had the new home been limited to no more than 18 feet in height it would have been reviewed administratively and not be before the Commission tonight. He noted that because the applicants chose to go to 22' 6" in height, exceeding the 18-foot threshold, a design review public hearing is necessary. Director Walgren said that staff review found that the project complies with the zoning standards for this district and that the necessary design review findings can be made, specifically the architectural compatibility, preservation of views, protection of privacy, and preservation of solar accessibility. He said staff was recommending approval of the application with the conditions in the resolution. Chairwoman Bernald opened the Public Hearing at 7:39 p.m. Mr. Fred Luminoso, 14188 Perata Court, Saratoga, addressed the Commission, stating that 80 percent of the walls will be retained, and that the addition is primarily at the rear of the structure. He referred to a project drawing, noting that the red lines indicate the walls that are to be built and the rest is already existing, with the exception of the corner of the garage. He said the height of the home is necessary to get a good sense of proportion with the house. He submitted two letters from neighbors - one across the street from the project; the other adjacent to the property - both supporting the proposal. Mr. Luminoso conveyed that the color of the house would be gray with a stone facade. He said that the three dormers are for architectural enhancement and would double to bring light into the hallways. Mr. Luminoso responded to a question from Commissioner Page regarding the window treatments in the bathroom/dressing area, noting that a translucent window would be used. Mr. Luminoso, responding to a question from Commissioner Kurasch, explained why the project has two garages - one facing the street; the other on the opposite side. Commissioner Roupe referred to a concern raised in the tour of the project. He asked Mr. Luminoso whether he would be willing to consider, as a condition, relocating the large cobblestone driveway further back from the road and developing a berm to shield the large expansive cobblestone from the street. Mr. Luminoso said he would be willing to accept such a condition. Commissioner Jackman commented that the cobblestone driveway would be offset and the applicant would be taking out 2,800 square feet of cement at the rear garage which is now used for a turnaround. She said that would give more pervious coverage. She said the cobblestone would be well hidden by the berm. Bob Calderoni, 19753 Minacqua Court, addressed the Commission. He said his property is two lots away from the proposed project. He stated he had been through the plans with Mr. Luminoso and is in favor of the project which will be a tasteful addition to the neighborhood. He recommended Commission approval. COMMISSIONERS PAGE/ROUPE MOVED TO CLOSE THE PUBLIC HEARING (AT 7:45 P.M.) Planning Commission Minutes September 22, 1999 Page 3 PASSED 6-0. Commissioner Roupe stated he was in favor of the project, which he opined is well-balanced in the neighborhood. He commended the applicant for working closely with the neighbors. He said he would support the project with the understanding that there will be a relocation of the cobblestone front driveway and a berm that will hide it from the street view. Commissioner Page stated he was in total support of the project as long as the direction of staff is to include the berm and relocate the driveway. Commissioners Patrick and Jackman concurred. Commissioner Kurasch noted that having the neighbors' support is a good sign and the project will be a tasteful addition. Chairwoman Bernald concurred. COMMISSIONERS ROUPE/PATRICK MOVED TO APPROVE DR-99-034 WITH THE CONDITION THAT THE COBBLESTONE DRIVEWAY BE APPROPRIATELY RELOCATED AND A BERM FOR LANDSCAPING PURPOSES BE PLACED IN THE FRONT SUBJECT TO STAFF APPROVAL. PASSED 6-0. 3. DR-99-035 (397-28-053) - FORMICO/PARDEN, 20435 Walnut Avenue; Request for Design Review approval to demolish an existing 560 square foot single story “cottage” and construct a two- story 2,597 square foot residence with a maximum height of 21 feet. A 726 square foot basement is also proposed. The parcel is 7,650 square feet and is located within an R-1-10,000 zoning district. --------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report, stating that the proposal is a request to demolish an existing 560 square foot cottage that appears to be an accessory building, at one point, to a larger residence on another parcel. The cottage is now on its own legal lot of record. He said the parcel is substandard in terms of size (7,600 square feet) in a zoning district that would require new lots created to be a minimum lot size of 10,000 square feet. He said it is also constrained by its configuration of 50 feet in width. Current zoning requirements would require a minimal width of 85 feet. The proposal includes demolishing the structure and constructing a new two-story 2,500 square foot residence in its place with a basement below the building. The building has been designed to meet all minimum setback requirements for the first and second floors based on the increased height of the building. The proposal meets the lot coverage standards. The floor area has been reduced as required by the district based on the building's height. He said the building would be a height of only 21 feet which is physically about as low as one can design two floors and still have a two-story structure. Director Walgren noted that staff review found the proposal to comply with all minimal zoning requirements, and design review findings could be made to recommend approval. He said that window placement has been oriented to minimize impacts to adjacent neighbors' use of their properties. Public notices were mailed to all adjoining property owners within 500 feet, and no objections to the proposal have come forth. Staff is recommending approval with the conditions in the resolution. Elsbeth Newfield, 1119 Byron Street, Palo Alto, introduced herself as the project architect. The owner, Jim Parden, 20434 Walnut Avenue, Saratoga, stated that the proposal is very compatible with the Planning Commission Minutes September 22, 1999 Page 4 neighborhood and is in compliance with the city's design guide book. Commissioner Patrick stated this was the second house the owner is proposing in the neighborhood and asked whether the Commission could expect any plans for future homes. Mr. Parden said no future proposals were anticipated. Commissioner Page referred to the east side of the house and asked whether the applicant planned to put in any screening to protect the window in bedroom #3. Mr. Parden responded that screening could be done. Ms. Newfield noted that the one window on the east side was vulnerable to neighborhood concerns. Commissioner Kurasch asked whether consideration had been given to shifting the house so it would not be completely parallel to the adjacent house. Ms. Newfield responded that it is a challenge on a narrow lot to design a house and as a design professional, she opined that she would rather keep the maximum amount of space in the back for private family use. She said another problem with pushing the house back would be more driveway, and that would be objectionable. She said in all cases she would try to keep a house close to the front setback. She noted the front of the house is very sculptured, very uneven and as other houses are built on the other side, this project would be a good neighbor because it is not flat. Commissioner Roupe referred to the fencing and landscape screening, which plan has not been developed. He asked whether such a plan would be developed subject to staff approval. Director Walgren responded that it had not been addressed yet in the conditions of approval, but it could be made a condition. Mr. Parden responded he had no problem in installing a good neighbor fence. Commissioner Jackman asked whether the two exits in the basement were large enough for a person to exit as a safety issue. Ms. Newfield responded that the window on the right side is designed to open fully, with three feet space area and a ladder, and the left side has a regular stairway. She said the exits were designed to be on the opposite side of each other. Responding to a question from Commissioner Kurasch, Director Walgren responded that the 270 cubic yards of excavation for the basement would have to be taken offsite. Robert Wall, 20451 Walnut Avenue, Saratoga, introduced himself as the project's neighbor on the west side. He expressed that his concern was with the screening. He said his side of the house is not separated by a driveway and is very close to the proposed building. He noted there is a row of approximately eight fairly mature trees, clearly smaller than trees that would be protected under restrictions, which he would like to have protected during construction, particularly when the basement is going in. He requested that the trees be considered permanent fixtures on the lot. He stated that his bedrooms and bathrooms are on that side of the house. Further, he said a 3 foot fence is on his side of the property and did not know whether it would be Planning Commission Minutes September 22, 1999 Page 5 impacted. He said that on his side is a small patio that exits in the small space between the two houses. He asked that considering the substandard width of the lots, this would be very close to having a door right outside a very small pathway. Additionally, he requested that construction hours be kept between 8 a.m. to 5 p.m., Monday through Friday. Responding to questions from Commissioner Page, Mr. Wall confirmed that his house had no side doors. Mr. Wall said that most of the houses on narrow lots in the surrounding area only have front and back entrances. Mr. Wall verified that his house is a tall, one-story house with an accessible attic area which is incomplete and has no dormers. In response to Commissioner Kurasch's questions regarding the space between the door and patio, Director Walgren clarified that the door does not open to the six feet which is the edge of the patio. He said there would not be a landing or a door that would encroach into the six feet. Responding to a question from Chairwoman Bernald, Director Walgren said that the normal hours of construction are 7:30 a.m. to 4:30-5:00 p.m., seven days a week. Commissioner Roupe asked whether it would be within the Commission's purview to make a determination whether construction hours could be more limiting. Director Walgren responded that this has been done on major scale projects such as major commercial renovations or large subdivision projects. It has never been done on single-family homes in the past, but it could be done if it were consistent. Mr. Parden addressed the Commission, stating that the shrubs Mr. Wall referred to are about 10 feet from the fence feet into the building line, and noted that it would be impossible to construct the building and save the tree. He said the trees were there when he purchased the property, and they have grown wild and not maintained. He said he would have no problem planting some sort of controlled screen. Chairwoman Bernald asked about the laundry room and patio exits, and Mr. Parden said that they are within the guidelines and would not be used for anything other than access. He said that the house has a side entrance on the east side. Commissioner Page inquired about the fence on the east side, and Mr. Parden said the fence is five feet, but he would be willing to install a six foot fence and plant screening along that side. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING (AT 8:08 P.M.) PASSED 6-0. Commissioner Jackman expressed that the plans were fine as submitted, noting that it had been explained that the trees on the left side could not be maintained. Commissioner Patrick concurred. Commissioner Page agreed. Commissioner Kurasch concurred, noting that the home was well delineated. Her only concern would be screening that would be adequate to respond to the neighbor's concerns. Planning Commission Minutes September 22, 1999 Page 6 Commissioner Roupe agreed with Commissioner Kurasch that a condition be that a fencing and screening plan be developed subject to staff approval. He commended the applicant and architect for the use of a basement in the design. Chairwoman Bernald concurred with comments made. She expressed that it was a very well articulated home, and it would be most appropriate for the neighborhood. She agreed that a fence and screening plan should be part of the resolution. COMMISSIONERS JACKMAN/KURASCH MOVED TO ACCEPT DR-99-035 WITH THE CONDITION THAT A COMPREHENSIVE AND LANDSCAPE PLAN BE SUBMITTED FOR STAFF APPROVAL. PASSED 6-0. 4. UP-99-019 (393-01-027) - TOGO’S RESTAURANT (ARGONAUT ASSOCIATES, LLC), 12868 Saratoga-Sunnyvale Road; Request for Use Permit approval for tenant improvements to operate a sandwich shop with limited outdoor seating. The site is located between Safeway and Longs Drugs in the Argonaut Shopping Center and is within a Neighborhood Commercial zoning district. --------------------------------------------------------------------------------------------------------------------- Director Walgren reported that the request is for a conditional use permit to operate a restaurant in the middle of the Argonaut Shopping Center between Safeway and Long's Drug Store. He said the proposal is consistent with the General Plan designation for the area, the Commercial Neighborhood Zoning, and staff is recommending approval subject to the conditions in the resolution, including hours of operation. Chairwoman Bernald opened the Public Hearing at 8:14 p.m. Kevin O'Mara, 1320 Koch Lane, San Jose, addressed the Commission, noting he is the franchisee on record for the location. He said the restaurant would be an enhancement for the community and the center. Commissioner Kurasch asked why the rear of the site was empty or not showing occupancy. Mr. O'Mara responded that the site is 3100 square feet and very deep, and he does not require that much square footage in the footprint. He said the building would be split. He will take the front half and the rear half will be used by the Center for its in-house offices. COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING (AT 8:15 P.M.) PASSED 6-0. Commissioners Patrick and Jackman noted they had no opposition to the application. Commissioner Page stated he was in complete agreement with the proposal. Commissioner Kurasch concurred, adding that this location was a logical one for food service. Commissioner Roupe concurred. Chairwoman Bernald conveyed that the project was a good location, that it balances the other food service providers, and it is a good neighborhood-friendly activity. She said she would be supporting the project. COMMISSIONERS PATRICK/PAGE MOVED TO APPROVE UP-99-019. PASSED 6-0. Planning Commission Minutes September 22, 1999 Page 7 Commissioner Kurasch expressed concern about a perceived traffic or safety problem regarding the roundabout in the middle of the Argonaut Shopping Center. Director Walgren said that staff needs to follow up on the primary exit out of the shopping center which was supposed to be a "right only" turn, prohibiting a left turn. He said there should be some kind of physical relief to the center which would keep cars from crossing the roundabout. A discussion ensued regarding the roundabout. DIRECTOR ITEMS - Discussion of attached City Attorney Telecommunications Memo Director Walgren introduced the item. He referred to a transmission antenna hearing before the Commission in August 1999 in which a discussion was held regarding the applicability of the 1996 Telecommunications Act. He said specifically, the Commission was concerned with what local jurisdictions could and could not review regarding public health and safety, aesthetics, and visual impacts. At that time, Director Walgren suggested that the issue be revisited, especially with new Commissioners on board. The Commission agreed to hold scheduling future transmission antenna hearings until discussion regarding this issue was held. He said currently staff has three applications ready to go to hearing, and the applicants have been notified that efforts are being made to get the hearings scheduled. Director Walgren reported that the Telecommunications Act does restrict local jurisdictions from applying health and safety standards relative to radio frequency emissions beyond the thresholds established by the Act. He said the report from City Attorney Jonathan Wittwer ties the federal act to the City's environmental requirements in which the City made the administrative determination many years ago that the antennas would be subject to the California Environmental Quality Act (CEQA). He said staff does full environmental initial studies on these applications resulting in Negative Declarations. If they do not result in Negative Declarations, the sites are not approved. He said the issue has been raised that the City could, if it chose to, establish their own thresholds of significance, perhaps lower than what has been established by Congress. However, he said a greater process would be created by deleting the initial study out of the Negative Declaration range and into a focused Environmental Impact Report (EIR) to better document what the alternative studies might conclude for safer thresholds. He noted that the report concluded that the city is still bound ultimately by the thresholds established by the Telecommunications Act. Commissioner Roupe proposed a study session to address this issue. Mr. Taylor reported that three areas were considered: 1) What are the requirements of the Telecommunications Act of 1996, and how do they apply to the city? 2) How does the City discharge its own obligations under CEQA? And 3) Past litigation - is the City potentially liable for approving facilities that might in the future constitute a health risk? Mr. Taylor conveyed that with respect to issue #1, what Congress determined and the Federal Communications Commission (FCC) has implemented for them is that there needs to be one standard for what is considered safe in terms of radio frequency emissions. They determined that local governments are free to regulate cellular antennae with respect to aesthetic issues, but not with respect to the health and safety issues associated with the Planning Commission Minutes September 22, 1999 Page 8 radio frequency emissions. Another important factor is that the Act imposes a slightly greater degree of due process requirements that cellular antenna applicants are entitled to than other applicants would be entitled to. He said the job of the Planning Commission is to be fair and when it is fair, the due process requirement has been satisfied. He said that unreasonable discrimination against providers is not allowed nor are actions that would prohibit services that help PCS services, but deny cellular services. Mr. Taylor noted that the Commission's job under CEQA is to look at significant effects to the environment. He noted that CEQA was enacted to give the city the opportunity to adopt mitigation measures to avoid those significant effects. He continued to describe the CEQA position, and how the evidence that comes before the City plays a role. Mr. Taylor noted that this issue has been raised in several cities, and as a legal matter, he is not aware of any cities having determined that this is a significant impact. Mr. Taylor stated that the City is not liable for the adverse impacts of the projects it approves. The City has statutory immunity for those kinds of issues, and the City is protected by the fact that the FCC does not allow it to deny projects based on any safety conditions connected with the radio frequency emissions. Commissioner Kurasch asked for clarification between a session now and a session later. Director Walgren noted that a study session is a public meeting and is used to develop draft ordinances before they go to hearings. There would be a formal follow-up at the next regular public hearing. Commissioner Jackman asked when the study session would be held as she will be away during October, and she would like to be present. Director Walgren said that if the Commission agreed, he would schedule the three antenna applications for October 13 while the issue is still being discussed. Commissioner Patrick conveyed that the report indicates that there is no change in the City Attorney's advice from the past and that FCC standards rule as far as emissions go. She said the city has the discretion to exercise control over the design and cannot discriminate among providers or types of service provided. She does not see that discussion of this issue would impede her ability to make a decision on the three applications on October 13. However, she proposed setting the study session on a date when Commission Jackman would be available. Commissioner Kurasch stated she was not in favor of deferring this issue. She said this may not be something that is going to change in ten years. She noted that she has received letters from Mr. Bert Martel, Dr. Francis Stutzman and other citizens who are concerned with the levels of emissions and how they are measured. She said the report indicates there may be another way of looking at this issue in the future when the evidence is compiled. Commissioner Roupe disagreed, noting that CEQA specifies that the issue has to have a significant effect on the environment and there must be substantial evidence. He did not believe that anybody present tonight is in a position to make observations about significance or substantial evidence and proposed a study session. Commissioner Jackman requested information regarding how many antennas are in the city, their location, how they are spread out, etc. Planning Commission Minutes September 22, 1999 Page 9 Director Walgren noted that the city has strong regulations which apply to visual and aesthetic impacts which would prevent a site from being over utilized for too many antennae sites. Commissioner Kurasch asked Mr. Taylor to comment on the ruling for public input regarding evidence. Mr. Taylor responded that the issue of significant public controversy is a factor that the city can take into consideration, but it requires evidence supporting that controversy. He said if there is conflicting evidence and significant public controversy, the city would be within its discretion to say there is a significant effect on the environment and require an environmental impact report. He said the nature of what constitutes significant controversy is not a precise term. Following further discussion, consensus was to schedule the three applications for October 13, 1999, using the FCC threshold and schedule a study session to discuss the issue on November 10, 1999, at 5-5:30 p.m. - Discussion of 7:00 p.m. meeting time Director Walgren introduced the item regarding the possibility of changing the meeting to 7:00 p.m. Commissioners Jackman, Patrick, Page, Roupe, and Chairwoman Bernald spoke in favor of a 7:30 p.m. start. Commissioner Kurasch favored 7:00 p.m. Consensus was to continue with the 7:30 p.m. meeting start. COMMISSION ITEMS Director Walgren reported on the Commission vacancy. He said three applications have been submitted, and the City Council plans to interview October 20, 1999, and hopefully a new Commissioner will come on board November 10, 1999. Director Walgren announced that September 23, 1999, is the initial kick-off public meeting for the Circulation Scenic Highway Element Update project in the large multipurpose room of the Senior Center at 7 p.m. In response to a question from Commissioner Kurasch regarding a Commissioner being recused from speaking on an item before the Commission, Mr. Taylor said he looked into the law, and a memo to the City is in the process of being prepared. He said that a Commissioner does not need to remove him/herself from the room; however, in a Council issue, the Council member would need to remove him/herself from the room if it were a closed session item. Commissioners can participate in the meeting and must step down from the dais. Mr. Taylor confirmed that if there is a conflict of interest that precludes a Commissioner from participating, the Commissioner can step down from the dais, become a citizen, and may participate as a member of the public. Commissioner Patrick asked Mr. Taylor to also address the issue of undue influence in his memo. COMMUNICATIONS Written Planning Commission Minutes September 22, 1999 Page 10 - The City Council minutes for special meetings of August 13 & 26, 1999, and regular meeting of September 1, 1999, were noted. ADJOURNMENT TO NEXT MEETING With no further business to conduct, Chairwoman Bernald adjourned the meeting at 8:56 p.m. to Wednesday, October 13, 1999, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Lynda Ramirez Jones Minutes Clerk MINUTES AMENDED AND APPROVED BY: James Walgren Secretary to the Planning Commission