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HomeMy WebLinkAbout07-23-2008 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 23, 2008 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao Absent: Commissioner Rodgers Staff: Director John Livingstone, Contract Planner Heather Bradley, Assistant Planner Michael Fossati and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of July 9, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of July 9, 2008, were adopted with corrections to pages 7, 16 and 19. (6-0-1; Commissioner Rodgers was absent) ORAL COMMUNICATION Mr. Tom Marantetti, Resident on Ronnie Way: • Stated that he takes issue with the carport currently under construction on a neighborhood property. • Reported that in 1994, the issue of allowing carports was debated and both the Planning Commission and City Council agreed to put a moratorium on them in their neighborhood. • Said that, “Now, we’re back to the same ballgame again.” • Stressed that they do not want to see carports in “our” neighborhood. • Said that carports allow owners to put anything in there that they want and it’s visible from the street and ends up looking like trash from the street. • Stressed that he does not want his neighborhood to have that type of atmosphere. • Said that these carports have not been allowed for years and he would like to continue it that way. Saratoga Planning Commission Minutes of July 23, 2008 Page 2 Mr. David Mather Resident on Ronnie Way: • Said that it appears that there has been a “glitch” in the processing of administrative approvals as conducted by the staff of the Community Development Department, specifically as it pertains to the construction underway at 13538 Ronnie Way. • Described the most recent administrative approval as a 700 square foot residential addition, the reorientation of the garage and a new carport. At issue is the carport. • Said that a precedent was set with a previous denial of a carport. At that time, both the Planning Commission and the City Council supported that denial. • Added that it appears that a new planner was unaware of their neighborhood’s position against carports and went ahead and approved this new carport. • Said that the approval does not meet the Design Handbook criteria for consistency with its neighborhood. • Stated that a three-car garage would have been denied on this parcel due to coverage issues. This carport in essence gives them a three-car garage. • Suggested that this issue be reviewed and the previous practice to deny carports be honored. Chair Cappello said that this issue had been raised with the Council at their joint Civic Improvement Commission meeting. It will be left in their hands. He thanked the two speakers for their comments. Ms. Vibha Gartonde, Resident on Saratoga Hills Road: • Reported that her home was constructed 10 years ago by Pinn Brothers Construction and included a basement. • Added that she gets runoff from the hill that floods the basement. • Stated that the house should not have been designed without a generator for the sump pump. • Said that she now has to install a generator and follow current City requirements. This includes an application fee of $4,700 for a Use Permit to obtain approval for a generator. • Declared that this fee should be waived or reduced • Advised that she went to Council and they cannot do anything. • Asked why a Use Permit is not necessary for pools but is for a generator. • Said that this generator should have been installed at the time of construction. • Said that she wanted the Council to consider her case. Commissioner Hlava: • Explained that the Planning Commission has no power to waive application fees. Only Council can do so. • Asked if staff could look into the requirements in placer when this home was constructed and determine whether generators were allowed at that time without the need for a Use Permit. • Said it seems unfair if that was the case Commissioner Nagpal: • Reiterated that this Commission has no authority on fees. Only Council does. Saratoga Planning Commission Minutes of July 23, 2008 Page 3 • Agreed that it can be evaluated as to whether there is any other mechanism available to this property owner. If not, there is nothing this Commission can do. Chair Cappello agreed and said that it appears the speaker already raised her concerns with Council. Commissioner Nagpal asked Director John Livingstone to verify the validity of her understanding that the Commission has no authority over fees. Director John Livingstone advised that he did not recall Ms. Vibha Gartonde ever appearing at a Council meeting on this issue. Commissioner Kundtz said that if she had, the Council minutes from that meeting would reflect their direction and whether it was to come to this Commission. Chair Cappello asked if the Commission is able to do anything further on this. Director John Livingstone replied no. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 2008. REPORT OF APPEAL RIGHTS Chair Cappello 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. *** Commissioner Zhao advised that as her husband has a professional affiliation with Item No. 1 she must recuse herself. She left the dais and chambers for the duration of this first item hearing. PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR07-0012 (503-78-036) BALAKRISHNAN, 21789 Villa Oaks Lane: The applicant requests Design Review Approval to construct an approximately 1,179 square foot single-story addition to the existing 5,487 square foot home located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total proposed floor area would be approximately 6,666 square feet. The maximum height of the proposed building will not exceed the 26-foot Saratoga Planning Commission Minutes of July 23, 2008 Page 4 height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet and the site is located in the HR zoning district. Design Review Approval is required pursuant to Saratoga Municipal Code Section 15-45.060. Ms. Heather Bradley, Contract Planner, presented the staff report as follows: • Distributed some written material explaining that this material pertains to a pending Fence Exception for this project site that will be brought back before this Commission at its meeting of August 13, 2008. It was not advertised as part of tonight’s item. • Explained that the applicant is seeking Design Review Approval for the construction of a 1,179 square foot, single-story addition to a 5,487 square foot existing residence. This exceeds the 6,000 square foot maximum that triggers the requirement for Design Review Approval by the Planning Commission per Section 15-45.060. • Said that the maximum height would be 21 feet. The total impervious surface would be 10,476 square feet. • Advised that the lot size is 144,000 square feet and the zoning is HR. • Said that no ordinance-sized trees are affected by this proposal. • Stated that the project is Categorically Exempt under CEQA. • Recommended approval and distributed a materials board. Commissioner Nagpal asked about the trail and whether preservation of the oaks has been discussed along with the need to realign the trail. Planner Heather Bradley: • Reported that the trail is not proposed for realignment. It has been accepted as constructed. • Added that the actual trail easement doesn’t appear to fall around the physical boundaries of the trail. • Said that a condition is proposed that asks the applicant to remove the existing trail easement and re-record a new easement to coincide with the physical trail that is constructed on the property. Commissioner Nagpal asked if Public Works is fine with that. Planner Heather Bradley replied correct. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Balu Balakrishnan, Applicant: • Said that he is a resident on Villa Oaks Lane. • Thanked the Planning Commission for its site visit the previous day. • Reported that his neighbors are positive and encouraging about these plans as they are aesthetically appealing, not visible from the street and adds value to the neighborhood. • Advised that the design was done by the original architect and is consistent with the rest of the house. Saratoga Planning Commission Minutes of July 23, 2008 Page 5 • Agreed to correct the trail easement on the map, if necessary, to reflect the actual location of the trail, and to re-record the updated map. • Said that an Exception for a fence is to be considered by this Commission on August 13, 2008. • Requested approval of the building addition. Ms. Marilyn Riding, Resident on Villa Oaks Lane: • Said she is here representing herself, her husband and her neighbors, the Liskys. • Said that they are the most affected by this addition and they have no objections to it. • Explained that she lives across the street and her house is elevated and overlooks this property. • Reported that this property has turned into a beautiful swain over the last couple of years. • Declared that they are fully in favor of approving this addition. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Nagpal thanked Mr. Balu Balakrishnan for the site visit and said she is comfortable making all the findings. She added that this is a beautiful piece of property and she is ready to make a motion. Commissioner Hlava: • Said that she too can make the findings to support this project. • Asked if the easement relocation would void the need to move the wrought iron fence. • Added, if so, why the need for an encroachment permit. Planner Heather Bradley said that this condition reflects standard Public Works language. Commissioner Hlava expressed confusion over the language, particularly whether the encroachment permit is necessary if the easement is relocated. Planner Heather Bradley said that it is the applicant’s choice to have an option to relocate the fence in the event that relocating the easement would be cost prohibitive. She suggested that perhaps this condition could be moved into the Public Work’s conditions section. City Attorney Jonathan Wittwer said he has some edits to the draft resolution including adding a word in Condition 16, “… new improvements…” Commissioner Hlava suggested that Condition 4 should read, “The applicant shall relocate the easement prior to final Building approval or remove the existing wrought iron fence within the pedestrian/equestrian easement.” City Attorney Jonathan Wittwer agreed. Commissioner Hlava suggested relocating this condition under Public Works. City Attorney Jonathan Wittwer: Saratoga Planning Commission Minutes of July 23, 2008 Page 6 • Agreed that it would be good to include this under Public Works conditions. It would be clearer if they were together (Conditions 4 and 16). • Said that other recommended changes to the draft resolution include: o Condition 3 – add “inspection.” o Condition 6 – add “inspection.” o Item 15 – add text as follows: “…matter, the exemption from CEQA is approved, and the required findings are made and application PDR07-0072 is approved.” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval to allow an approximately 1,179 square foot addition to an existing residence located at 21789 Villa Oaks Lane, with conditions as modified by the City Attorney including relocating Condition 4 to the Public Work’s conditions section, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz and Nagpal NOES: None ABSENT: Rodgers ABSTAIN: Zhao *** Commissioner Zhao returned to the dais and meeting after the conclusion of Item No. 1. PUBLIC HEARING - ITEM NO. 2 APPLICATION #MOD08-0002 (517-09-018) CROWN CASTLE, 14410 Big Basin Way: The applicant requests approval for a Modification of an existing Conditional Use Permit for the installation of a wireless telecommunications facility for Metro PCS, consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin Way. The existing Use Permit for the site is for an unmanned telecommunications Hub Facility to support wireless carriers. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Modification to an existing Conditional Use Permit. • Said that this item is Categorically Exempt under CEQA per Section 15.303, Class 3. • Reported that the Use Permit for this site allowed a wireless telecommunications facility on an existing commercial building. Tonight’s request is a modification to that. • Described the request as including three wireless antennas in one radome, which is a closed cylinder used to protect the antennas from the elements. The equipment is supported from within the building. The antenna would be painted to match the existing building. An existing parapet shields a major portion of this equipment from view from the public right-of-way. • Reminded that in July 2007, a Use Permit for a similar facility was approved for a site directly across the street. That installation was never built. If this site were built, the site across the street would not be needed. Saratoga Planning Commission Minutes of July 23, 2008 Page 7 • Stated that no negative comments have been received and that the findings can be made to support this application. Commissioner Kundtz asked for verification of the tripod height versus the cylinder height for a total height. It appears that the tripod is nine feet tall and the cylinder is five feet tall. Is the total height nine feet or 14 feet? Planner Michael Fossati said the total is 14 feet. Commissioner Nagpal asked if some of the tripod height is buried under the parapet. Planner Michael Fossati deferred to the applicant. Commissioner Hlava: • Said that there is already an approved site across the street and they want to replace that site with this one. • Stated that she does not want to see two sites across the street from each other and wants something added to the resolution to prevent that from happening. • Added that she prefers this new site to the previous site approved. • Asked if it is possible to take away the approval from the other site. Commissioner Kundtz suggested deferring this question to the applicant. Commissioner Kumar reminded that the applicant has already stated that they don’t need the other site that is already approved if this one is approved instead. Chair Cappello asked if a generator would be installed with this project. Planner Michael Fossati said that the generator is already there. Chair Cappello opened the public hearing for Agenda Item No. 2. Commissioner Kundtz said it appears that there is a five-foot dimension from the top of the tripod to the top of the cylinder and the tripod seems to be four feet not nine. Ms. Leah Hernover, Representative from Crown Castle: • Reported that the height above the roof parapet equals about five feet. It is eight feet above the front wall of the Starbuck’s building. • Said that having a condition added requiring painting the tripod to match the building is a good suggestion. They are happy to do that. • Said that a requirement to abandon the other site across the street is acceptable. Commissioner Kundtz asked how many Metro PCS sites there are in the City of Saratoga. Ms. Leah Hernover said that there are seven, five existing and two currently under construction. This site would be the eighth. Saratoga Planning Commission Minutes of July 23, 2008 Page 8 Commissioner Nagpal asked about the existing Use Permit on this site. Director John Livingstone said that it is the hub for the site. This is a co-location processed as a Modification. Commissioner Nagpal said she wants to be sure that the Use Permit for across the street would be abandoned if this site were approved instead. Chair Cappello asked Ms. Leah Hernover what Metro PCS’s future plans are for Saratoga. Ms Leah Hernover said that this site is the last one needed Chair Cappello said the coverage grid appears to be sufficient. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Kundtz: • Said that he is happy to approve this as long as the applicant no longer pursues the previously approved Use Permit site across the street. • Said that the pipe should be painted to match the building parapet and it will get lost. There is no need for plants or a box, just paint. Commissioner Hlava asked if there is language to deal with the older Use Permit. City Attorney Jonathan Wittwer: • Suggested Condition 1 to read, “UP 06-005 is modified to allow the construction and use as shown on Exhibit A, dated 5/19/2008, on file with the City. Any and all prior approvals of wireless facilities within this Use Permit are hereby rescinded.” • Added to Section 1 of the draft resolution, “...matter, the exemption from CEQA is approved, the required findings are made, and the application…” • Add a condition that “Antenna is to be painted to match the existing building color. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission approved a Modification of an existing Conditional Use Permit to allow for the installation of a wireless telecommunications facility for Metro PCS consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin, with conditions as amended above, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 3 Saratoga Planning Commission Minutes of July 23, 2008 Page 9 APPLICATION #ZOA08-0001 (517-12-020, 517-12-021, 512-12-022) CITY OF SARATOGA, 20500/20568/20550 Lomita Avenue: The proposed project includes amending the zoning designation of 20500/20568/20550 from R-1-40,000 to R-1-20,000. Pursuant to Saratoga Municipal Code Section 15-85.050, the Planning Commission shall hold at least one public hearing on the proposed amendment. Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed amendment should be adopted. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that this City-initiated Zoning Amendment is Categorically Exempt under CEQA per Section 15-305, Class J. • Reminded that in 2006/07, the City initiated a rezoning of three properties (20500/20568/20550 Lomita Avenue) from R-1-40,000 to R-1-20,000. This change was recommended by the Planning Commission and adopted by Council. • Said that it was not properly posted by Council thus nullifying the approval and it is back. • Explained that this amendment would create three legal conforming lots for the parcels (20500/20568/20550 Lomita Avenue) that are currently non-conforming. They consist of lots with between 20,000 and 30,000 square feet with an assigned zoning designation intended for lots at or above 40,000 square feet. • Said that this amendment would be consistent with the General Plan’s designation of Residential-Low Density. • Informed that property owners were notified. One owner brought up the fact that six years ago, he was made to conform to the R-1-40,000 standards for an addition. The requirements are more restrictive than would have been the case using the R-1-20,000 requirements. • Said that no negative comments were received. Staff was able to speak with two of the three affected property owners. • Said that there are no findings. • Added that general State law calls for consistency between Zoning and General Plan. Commissioner Kundtz read the addresses into the record as 20500 Lomita Avenue, 20568 Lomita Avenue and 20550 Lomita Avenue. Commissioner Nagpal asked if this is the first of four General Plan changes allowed each year. City Attorney Jonathan Wittwer clarified that this is not a General Plan Amendment but rather a zoning designation change. Chair Cappello opened the public hearing for Agenda Item No. 3. Chair Cappello closed the public hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission recommended approval of a zoning designation change from R-1-40,000 to R-1-20,000 for three parcels located at 20500/20568/20550 Lomita Avenue, by the following roll call vote: Saratoga Planning Commission Minutes of July 23, 2008 Page 10 AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 7:56 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk