HomeMy WebLinkAbout06-27-2007 Planning Commission Minutes
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, June 27, 2007
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Hlava called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Cappello, Hlava, Kumar, Nagpal, Rodgers and Zhao
Absent: Commissioner Kundtz
Staff: Director John Livingstone, Senior Planner Chris Riordan, Planner Suzanne
Thomas and Assistant City Attorney Jonathan Wittwer
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of May 23, 2007.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Cappello, the Planning Commission minutes of the regular meeting of May
23, 2007, were adopted as submitted. (6-0-1; Commissioner Kundtz was
absent)
APPROVAL OF MINUTES – Regular Meeting of June 13, 2007.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Cappello, the Planning Commission minutes of the regular meeting of
June 13, 2007, were adopted with corrections to pages 6,7,9,28.30,32,33
and 35. (6-0-1; Commissioner Kundtz was absent)
ORAL COMMUNICATION
Mr. Don Whetstone, Resident on Vickery Avenue:
• Reported that he sent several emails recently on two topics.
• Explained that in the early 90’s rounds of discussions about antennas in the Village were
held at which he was involved.
• Said that consensus was reached on the issue but that that consensus appears to have
fallen out of the City’s institutional memory.
• Added that since 2005, it has been like a brand new day.
• Asked that policy be set and followed on this issue.
Saratoga Planning Commission Minutes for June 27, 2007 Page 2
Chair Hlava asked whether a discussion should be held or whether staff should be asked to
review past policy. She asked staff if there are existing rules in the Code.
Director John Livingstone:
• Advised that the current Zoning Ordinance is very weak on the topic of antennas.
• Added that two Commissioners are very interested in working on a Telecommunications
Ordinance.
• Informed that there are a number of ordinances that have to be updated on a more urgent
basis. While this issue of antennas is always in the top 10, it has not been ranked on the
top of the list yet or made it onto the department’s work plan.
Commissioner Nagpal asked if there is a set of guidelines out there for the Village.
Director John Livingstone replied that he is not aware of any written material.
Commissioner Rodgers asked if past databases have or can be searched.
Director John Livingstone said that there are tapes of past meetings if anyone wants to go
through them. He added that the composition of Commissions changes and staff follows what
the current Planning Commission directs.
Commissioner Cappello added that there are also technical advances that have occurred over
the last 10 plus years.
Director John Livingstone agreed and pointed out that last year a new system was processed
that didn’t require large panels.
Commissioner Kumar suggested that ordinances from other cities be reviewed.
Director John Livingstone said that if staff were directed to create a new Telecommunications
Ordinance that is what would be done first to see what other cities have got in place.
Commissioner Nagpal asked if this is not currently on the list of priorities as directed by
Council. She pointed out that the Commission several times has put it on the list.
Director John Livingstone reminded that other ordinance updates have been ranked higher on
the list.
Chair Hlava said it appears that if the Commission really wants to do something that means
that something else is dropped from the work plan because of limited staff resources. She
asked if it would be possible to have a Study Session on a Tuesday night where an informal
discussion could be held on the topic.
Commissioner Rodgers:
• Said that she takes issue with that.
• Pointed out that this Commission looks at all viewpoints when evaluating antennas.
• Added that in terms of need, there are other ordinances that are more in need of updating.
Saratoga Planning Commission Minutes for June 27, 2007 Page 3
• Suggested that next year, perhaps this issue will make the priority list and work program.
Chair Hlava said she still believes the Commission could get together at a Study Session to
give staff direction.
Commissioner Nagpal said that, while this Study Session might not result in an Ordinance,
perhaps procedures could be established that may be helpful. She added that she is happy to
re-discuss this topic, as there are now two new members of the Commission.
Commissioner Rodgers pointed out that ideas come and go on how to obscure antenna
installations. First there was the tree and later there was the flagpole. She said that the
Commission must be open-minded.
Chair Hlava asked Commissioner Rodgers if she is not in favor of a Study Session.
Commissioner Rodgers said she was not against one.
Chair Hlava said that the subject could be let go for right now and in the spring when the City
looks at its priorities, perhaps an Antenna Ordinance will be higher on the list.
Commissioner Rodgers reminded that it is already on the list but just not high up on the list.
Chair Hlava asked what is the wish of the Commission.
Commissioner Cappello said that it would be worthwhile to have a Study Session format
discussion and pointed to some procedures already established by the Commission that have
resulted in the provision of coverage maps, background information on long-range plans by
carriers and the introduction of distributed systems.
Chair Hlava said it appears that consensus has been reached.
Commissioner Nagpal added that the Study Session would be open to the public.
Chair Hlava asked staff to make sure that Mr. Whetstone is noticed but cautioned that this
Study Session would probably not be set until September or later.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on June 21, 2007.
REPORT OF APPEAL RIGHTS
Chair Hlava 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).
Saratoga Planning Commission Minutes for June 27, 2007 Page 4
***
PUBLIC HEARING - ITEM NO. 1
Application #07-237 (503-24-079) METRO PCS, 14407 Big Basin Way: The applicant
requests a Conditional Use Permit to install a wireless facility on the roof of the existing office
building at the above location. The proposed facility includes panel antennas, a screen for the
antennas and an equipment cabinet. (Shweta Bhatt)
Director John Livingstone presented the staff report as follows:
• Explained that the applicant is seeking to place three antennas on a building located at
14407 Big Basin Way. The installation includes equipment housing for the antenna
operations.
• Advised that the equipment would not be exposed over the parapet any more than two
feet.
• Added that the installation is also located toward the rear or Creek area.
• Reported that a faux chimney was proposed but that the green painted antennas were
preferred over the chimney option.
• Said that staff feels that this proposal meets Use Permit findings.
• Informed that a neighbor has provided more information this evening.
• Recommended approval.
Commissioner Cappello asked if the equipment housing is separate from the antenna.
Director John Livingstone replied yes. He said that the antenna is in the corner while the
equipment is more in the back. The antenna will stick up above the roofline. He added that
the equipment cabinet would also be painted a dark forest green to blend with the trees
behind versus being painted to match the structure.
Chair Hlava asked how the City would know if the use of this antenna installation were to be
discontinued so that the conditioned removal of the equipment would occur. How is this
condition enforceable?
Director John Livingstone said that normally someone lets the City know. He added that the
condition simply offers staff the tool needed to require removal.
Commissioner Nagpal asked how staff believes this application meets the objectives of the
Zoning designation. Is it seen as a community service?
Director John Livingstone replied correct. He added that it is always somewhat of a
compromise. He added that antennas are what they are but they do provide a service to the
community.
Commissioner Zhao asked if the proposed antenna is the same height as the existing Nextel
antennas and the same diameter.
Saratoga Planning Commission Minutes for June 27, 2007 Page 5
Director John Livingstone said he does not recall but the applicant may know and be able to
answer.
Commissioner Zhao asked about the impacts of two antennas being so close.
Director John Livingstone reported that there must be a 25-foot distance between them or
interference results.
Commissioner Nagpal cautioned that this is not a Design Review Approval application but
rather a Use Permit. She added that some design elements are looked at.
Commissioner Rodgers asked about other design options considered.
Director John Livingstone suggested that if a faux chimney is used that the chimney matches
the building. He said that the Commission could discuss options this evening.
Chair Hlava opened the public hearing for Agenda Item No. 1.
Mr. Tom Spaulding, Applicant and MetroPCS Representative:
• Reiterated that what is proposed is a three-panel antenna with one equipment cabinet.
• Added that there are a couple of options.
• Said that they have worked with staff and members of the community, including Mr.
Whetstone, and it was decided that painting the panels green was what the community
preferred to see.
• Advised that this is a critical site for MetroPCS as it serves an area that has no or poor
coverage.
• Pointed out that they are asking for 75 percent less than what others have or three
antennas where others have 12.
• Added that the three antennas are mounted on a single pole pointed in three directions.
• Thanked Mr. Whetstone for his involvement.
• Responded to Commissioner Zhao’s question and advised that the diameter of their
antennas is eight inches while the Nextel antennas are 12-inches in diameter.
• Explained that installing lattice with screening vines won’t work, as that would interfere with
the signal.
• Assured that they are flexible with the design.
Commissioner Nagpal:
• Said that she understands that this is a crucial site for MetroPCS and for the City.
• Added that she is very concerned.
• Explained that she was on the Commission that approved the other site and is perturbed
with how it looks.
• Asked Mr. Tom Spaulding just how crucial it is to have this new installation on the same
site.
Mr. Tom Spaulding replied very crucial. He added that they also evaluated installation on the
Fire building.
Saratoga Planning Commission Minutes for June 27, 2007 Page 6
Commissioner Nagpal asked if that was the only other site evaluated.
Mr. Tom Spaulding:
• Said that the setback was not right on Big Basin Way.
• Added that their proposed location is behind two banks.
• Pointed out that other buildings are much more visible.
• Assured that this is a superior and more screened site.
• Added that other sites are more overloaded.
• Reminded that they need height and that a one-story building would not meet their needs.
Commissioner Cappello asked about other technological options.
Mr. Tom Spaulding:
• Agreed that there are lots of options including distributed fiber.
• Explained that a mixture of types of sites is required.
• Stated that this proposed site under discussion this evening is their largest type of
installation – a macro site. It consists of three antennas and an equipment cabinet.
• Said that the next type of location is a mini, which is like what is at the Library. That
consists of an 8.5-inch diameter flagpole.
• Concluded that a combination of both types of sites is necessary.
Commissioner Cappello said that it seems there is still a lot of uncovered areas on the
coverage map.
Mr. Tom Spaulding said that it is the best that they can do right now and will need infill later.
Commissioner Cappello said that it seems like distributed fiber system might work to extend
coverage. He added that his concern is that they might have to come back with more.
Mr. Tom Spaulding:
• Said that they did consider their options.
• Added that they build each site as best they can.
• Advised that distributed fiber will not work in this area, as the coverage area needed to
serve here is too large.
• Reiterated that they must use a combination of macros, minis and distributed fiber sites.
• Informed that they have to build the network first and work around it.
Commissioner Cappello said it seems they have the network in place and are now filling in the
area.
Mr. Tom Spaulding said that they do not have a complete network yet. He added that some of
the sites depicted on the coverage map are proposed sites not yet installed. He added that a
macro site covers approximately one square mile.
Commissioner Nagpal asked if the macro site could be replaced with two minis.
Saratoga Planning Commission Minutes for June 27, 2007 Page 7
Mr. Tom Spaulding replied no.
Commissioner Cappello asked when the other sites would be installed.
Mr. Tom Spaulding:
• Reported that Site #1816 was submitted to the City of Saratoga at approximately the same
time as this one was submitted.
• Added that he is working with Planner Heather Bradley on #1816.
• Advised that Site #1818 and Site #1819 have already been approved.
• Reiterated that he needs a macro site here.
Commissioner Zhao asked if there are plans to upgrade the current technology in the future.
Mr. Tom Spaulding replied no, there is no plan to upgrade the technology (TDMA) beyond
where it is at now.
Commissioner Zhao pointed out that this technology is almost phasing out.
Mr. Tom Spaulding said that it is still being used by some other carriers and added that it
allows the provision of low-cost service.
Commissioner Zhao said that it might soon be obsolete technology.
Mr. Tom Spaulding said that this would be a stockholders decision.
Commissioner Zhao said that they are probably the only provider left using TDMA.
Chair Hlava cautioned that this is not the Commission’s problem.
Commissioner Zhao cautioned that they would need to come back.
Mr. Tom Spaulding said that if so it would be a like-for-like switch out and they would have to
process Use Permits for any changes.
Commissioner Kumar asked if they had considered locating the new antennas at the far back
where Sprint and Nextel are located.
Mr. Tom Spaulding said that while they did consider that placement, they must keep a 25-foot
separation between the carriers or there would be interference.
Commissioner Rodgers asked if they had considered other buildings including the Whetstone
building.
Mr. Tom Spaulding said that other buildings could be considered but a similar design would be
required.
Saratoga Planning Commission Minutes for June 27, 2007 Page 8
Commissioner Rodgers asked about the suggested flagpole. She added that the only
potential location for that would be the gas station and that is not permitted.
Mr. Tom Spaulding said that a flagpole is only a micro installation and not macro. He added
that they do not do sites at gas stations due to the more extensive environmental review
required for such sites.
Commissioner Rodgers said that one carrier proposed three small flagpoles instead of one
larger one.
Mr. Tom Spaulding agreed that it is possible to do that but it would not result in anything that
is less visible or more advantageous than what is proposed here. He added that he prefers to
keep to their proposal.
Chair Hlava said that the intent is to provide coverage for the entire Village area. She pointed
out that people lose coverage on Highway 9 beyond the Village.
Mr. Tom Spaulding replied yes the intent is for coverage in the Village. He added that their
intended service area targets are urbanized areas.
Mr. Don Whetstone, Resident on Vickery Avenue:
• Said that it has been a pleasure talking with Mr. Tom Spaulding.
• Advised that he has no problems with antennas on buildings in the Village if they blend in
and are as small as possible.
• Cautioned the Commission to take care in what it considers its purview in terms of
antennas. The purview is just the aesthetics and not the technology used.
• Stressed the need to keep the installations small as they can be and colored to blend in
with the surroundings.
• Pointed out that a “pig with lipstick is still a pig.”
• Asked that the Commission please approve the little green antennas.
Commissioner Nagpal said she is surprised that the little green antennas are okay. She said
that she is struggling with this concept and feels that there is a more appropriate design for
the Village. She questions whether this might simply be the lesser of two evils.
Mr. Don Whetstone:
• Said that the City is legally required to allow antennas as they serve a useful community
purpose. The more antennas the better so that good reliable communication is a reality.
• Said that this proposal is not that obtrusive.
• Reiterated that antennas are a fact of life in the 21st Century.
Ms. Jenni Young Taylor, Resident on Oak Street:
• Said that she has an ignorance regarding engineering concepts but is just offering an
emotional reaction.
• Stated that the Village is one of the most unique and lovely downtowns in the Valley.
• Added that it is shameful to have modern equipment in the Village.
Saratoga Planning Commission Minutes for June 27, 2007 Page 9
• Said that she understands that it is unavoidable but that she wants to be on the record as
against this sign being illuminated.
Commissioner Rodgers mentioned that there are different options to the green poles including
having the antennas located within a faux chimney. She asked Ms. Jenni Young Taylor if she
has a preference.
Ms. Jenni Young Taylor replied no, she would defer to Mr. Don Whetstone who knows more
than she about this technology.
Chair Hlava closed the public hearing for Agenda Item No. 1.
Commissioner Cappello said that while the City cannot restrict sites, it does have a say in how
they get installed. He asked the City Attorney if this assumption is correct.
City Attorney Jonathan Wittwer replied yes.
Commissioner Cappello expressed his curiosity about the upcoming installation #1816 and
asked if there is some value in considering the two project sites for this carrier together rather
than separately.
Commissioner Rodgers said that in the past the Commission has asked carriers to provide an
outline of future plans and this applicant has done so.
Commissioner Nagpal pointed out that there would be different audiences of concern for both
locations.
Commissioner Cappello said a question he has is if Site #1816 were to be denied in the near
future what is the potential for other choices for use on this site.
Commissioner Nagpal reminded that this is a full site (a macro installation) while the other is a
micro site.
Commissioner Cappello:
• Asked whether the other site would become a macro site if this evening’s location were
denied.
• Questioned whether reviewing the two locations separately might not restrict the City and
the applicant in a significant way.
• Said that he has concerns with the Village and how antenna installations are implemented
there.
• Added that he does not like to see the Village cluttered with more and more antennas.
• Reiterated his belief that distributed sites are a good option and should be more carefully
considered as part of this project.
Commissioner Rodgers pointed out that Crown Castle had made it clear that they were not
planning to go down Big Basin Way.
Saratoga Planning Commission Minutes for June 27, 2007 Page 10
Commissioner Nagpal:
• Said that she is also concerned about the additive effect of antennas in the Village.
• Stated that she did not think that the Commission has to accept this application as the best
location with the best design.
• Said that she is not comfortable with this being the final answer and feels that there is a
better design and location possible.
• Added that this doesn’t feel right.
• Said that she cannot make the finding that this application is meeting the objective of the
Zoning Ordinance.
Chair Hlava:
• Reported that she lives downtown and spends a lot of time in the Village.
• Pointed out that she had not previously noticed the antennas there now.
• Added that she is really interested in Mr. Whetstone’s comments and feels that this
application offers the least obtrusive way to do this installation.
• Stressed the need to come to grips with the fact that this is the technology needed.
Commissioner Nagpal stressed the need to best determine how to make that technology fit
into the Village.
Chair Hlava reminded that the building is in the back.
Commissioner Nagpal:
• Said she means that both an alternate design and location might be necessary.
• Suggested that it is time for the City to push a little bit to limit the impacts on how the
antennas look.
• Added that the Village is the perfect place to ask for the best design.
• Stated that she wished there were better procedures and guidelines in place.
Commissioner Cappello:
• Said that he tends to agree.
• Stated that he is not certain if this installation specifically has to be located on this site
especially when another nearby location for this company is pending future consideration
by this Commission.
• Said that as a result, he has a hard time being comfortable with this project.
Commissioner Rodgers:
• Stated that she believes most citizens want to be connected, as cell phones are a part of
our lives.
• Said that she needs to be reachable by cell.
• Suggested going the extra step in giving latitude in terms of design that is sensitive to the
Village.
• Said that she would like to see a cluster of three flagpoles somewhere.
• Added that the Commission has to rely on the carriers when they say a proposed location
is the best possible location.
Saratoga Planning Commission Minutes for June 27, 2007 Page 11
Commissioner Nagpal said that if all cell companies come in what that practice it would pose a
dilemma. She said that she struggles with this.
Commissioner Rodgers:
• Said these types of concerns reflect one reason why Federal law was established
mandating local jurisdictions to allow cellular antenna sites.
• Pointed out that allowing some carriers and not others within a community to create their
networks it would create a situation with advantaged carriers versus disadvantaged
carriers in terms of service they can provide locally.
• Questioned what might look better as seen from the street.
• Stated her belief that the faux chimney would look better than the green painted poles.
• Added that she is not sure where else to suggest they look for a viable site.
Commissioner Zhao:
• Said that she feels slightly different and can make all of the necessary findings to support
this application.
• Said that she understands the historic significance of the Village and the need to be
sensitive to design.
• Pointed out that this site is so far behind both Big Basin Way and Saratoga-Sunnyvale
Road and would not be very intrusive.
• Agreed with Commissioner Rodgers that a faux chimney would look better than the green
poles.
• Reminded that people in Saratoga will benefit.
• Added that her only concern is their dated technology.
Commissioner Kumar:
• Expressed thanks to MetroPCS and Mr. Tom Spaulding for working with staff and the City.
• Agreed that there is a tough call here.
• Stated that he hadn’t noticed the antennas already in place until the site visit.
• Said that when driving by one does not notice these antennas.
• Stated that MetroPCS has done its due diligence and this is the site that they have come
up with.
• Stated his support for the findings made by staff.
Chair Hlava asked Commissioner Kumar if he prefers the faux chimney or the painted poles.
Commissioner Kumar replied the faux chimney.
Chair Hlava:
• Said that she agrees with Mr. Don Whetstone regarding the plan for green-painted poles.
• Added that as she thinks this application should be approved this evening she will support
the alternative plan for the faux chimney.
• Asked if the chimney should be painted brown or white.
Commissioner Nagpal said that while she won’t support the chimney she felt it would be
important to discuss further issues of color and foliage or landscaping.
Saratoga Planning Commission Minutes for June 27, 2007 Page 12
Commissioner Kumar said that he was thinking that the chimney could be camouflaged with
roofing shingles to match the existing roof. However, as he is not sure of the height it is hard
to comment right now.
Commissioner Rodgers asked staff for suggestions.
Director John Livingstone:
• Said that staff found that matching the parapet wall was the best alternative.
• Added that the applicant provided chimney designs using different materials.
• Reiterated that with this style of building, the chimney matching the siding is the best
option.
Chair Hlava asked if anyone was prepared to make a motion for a chimney design.
Commissioner Cappello questioned the wisdom of going away from the design that was the
result of community input to go with the chimney design.
City Attorney Jonathan Wittwer asked that a reference to “Exhibit A” be incorporated into the
resolution. He also proposed modifications to the text for Finding B.
Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner
Zhao, the Planning Commission granted a Conditional Use Permit
(Application #07-237) to install a wireless facility that includes panel
antennas, a screen for the antennas and an equipment cabinet on the roof
of the existing office building with an amendment to Condition 4 requiring
that the antennas be mounted on the rooftop camouflaged as a chimney
and painted to match the building’s siding, on property located at 14407
Big Basin Way, by the following roll call vote:
AYES: Hlava, Kumar, Rodgers and Zhao
NOES: Cappello and Nagpal
ABSENT: Kundtz
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 2
APPLICATION #07-281 (393-25-028) Saint Andrews Parish, 13601 Saratoga Avenue:
The applicant requests Design Review Approval to install a 36 square foot illuminated
monument sign. The proposed sign would be 4.5 feet tall and 8 feet wide and be located near
the entry driveway. Zone District: R-1-40,000. (Chris Riordan)
Senior Planner Chris Riordan presented the staff report as follows:
• Distributed the applicant’s material sample board for review.
• Advised that the applicant is seeking sign approval for a freestanding illuminated sign for
Saint Andrews Episcopal Church and School.
Saratoga Planning Commission Minutes for June 27, 2007 Page 13
• Said that the proposed sign would be located 20 feet southwest of the entrance driveway.
• Added that the sign would consist of 24 square feet in sign area and be 4.5 feet tall. It
would consist of a double-sided aluminum cabinet faced with beige. The text would read
“Saint Andrews Episcopal Church and School.”
• Stated that this sign would be externally illuminated with two lights located at the base of
the sign.
• Recommended approval.
Chair Hlava asked about the Heritage Preservation Commission (HPC) review required as
Condition 4 in the resolution.
Planner Chris Riordan:
• Advised that the need for HPC review was determined late in the review process.
• Explained that such review is necessary because the site is on a Heritage Lane.
• Added that with the placement of the Heritage Lane sign further down Saratoga Avenue it
was not clear to staff initially where the Heritage Lane designation began. It was
determined to include this property.
• Assured that if there are any substantial changes to what the Commission approves by the
HPC, this sign would be brought back to the Commission for follow up consideration.
Director John Livingstone explained that the Heritage Lane sign is much further down
Saratoga Avenue but it has been determined that everything proposed on the Lane would
need to go to HPC.
Commissioner Nagpal asked if the sign would be illuminated all night.
Planner Chris Riordan deferred this question to the applicant.
Commissioner Rodgers asked if the referral to HPC would impact the timing of the appeal
period.
City Attorney Jonathan Wittwer advised that the appeal period starts after the Planning
Commission decision is made.
Commissioner Nagpal asked when the HPC would get this project.
Planner Chris Riordan said that the next HPC meeting is in July.
Commissioner Nagpal said that the appeal period should not begin until after the HPC review.
City Attorney Jonathan Wittwer said that a provision could be added to the resolution that
requires the appeal period to begin after the HPC review is complete.
Chair Hlava opened the public hearing for Agenda Item No. 2.
Mr. Scott Sheldon, Saint Andrews Representative:
• Stated that they have worked with staff on the design and location of the sign.
Saratoga Planning Commission Minutes for June 27, 2007 Page 14
• Said that on the issue of illumination, the parking lot lights are left on overnight and they
propose that the lights on the sign also remain on throughout the night.
• Advised that they agree with the imposed conditions.
Commissioner Kumar asked if the older redwood sign would be eliminated.
Mr. Scott Sheldon said that it would be taken out and archived somewhere.
Mr. Don Carr, Resident on Merribrook Court:
• Identified himself as a member at Saint Andrews Church.
• Pointed out that this proposed sign is smaller and more attractive than others in the area.
• Expressed his support.
Chair Hlava closed the public hearing for Agenda Item No. 2.
Commissioner Nagpal said that this is an attractive sign and she is prepared to make a
motion.
Chair Hlava said that most churches are in residential areas. However, this one is located on
a very busy street, which is the reason why the illumination can be supported in this case.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Kumar, the Planning Commission recommended granting Design Review
Approval (Application #07-281) to install a 36-square foot illuminated
monument sign near the entry driveway on property located at 13601
Saratoga Avenue.
Commissioner Rodgers suggested adding a provision that the appeal period does not kick in
until after the HPC review is complete and successful.
Commissioner Nagpal asked if this means that work on the sign cannot begin until after the
appeal period.
City Attorney Jonathan Wittwer replied yes.
Chair Hlava pointed out that that is no one from the public here that is against this sign.
Commissioner Nagpal suggested conditioning the approval so that if the HPC denies the sign
it would be brought back to the Planning Commission.
Chair Hlava suggested running the appeal period simultaneously with the HPB review.
Commissioner Nagpal asked if the HPC meeting would be held within the 15-day appeal
period.
Planner Chris Riordan replied no.
Saratoga Planning Commission Minutes for June 27, 2007 Page 15
Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner
Zhao, the Planning Commission recommending granting Design Review
Approval (Application #07-281) to install a 36-square foot illuminated
monument sign near the entry driveway on property located at 13601
Saratoga Avenue, with the modification to Condition #4 that the appeal
period begins only after HPC reviews and supports the sign or after the PC
reviews it a second time if the HPC does not support the sign, by the
following roll call vote:
AYES: Rodgers and Zhao
NOES: Cappello, Hlava, Kumar and Nagpal
ABSENT: Kundtz
ABSTAIN: None
The motion failed.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Kumar, the Planning Commission granted Design Review Approval
(Application #07-281) to install a 36-square foot illuminated monument
sign near the entry driveway on property located at 13601 Saratoga
Avenue, by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Nagpal, Rodgers and Zhao
NOES: None
ABSENT: Kundtz
ABSTAIN: None
Chair Hlava said that she expects that the Heritage Preservation Commission will review this
sign carefully and if there is a problem it will come back to this Commission. She added that it
is her hope that the HPC will think the Planning Commission did a wonderful job.
***
PUBLIC HEARING - ITEM NO. 3
APPLICATION #06-214 (503-24-034) Graff, (Conoco Phillips/Tosco Marketing), 14395 Big
Basin Way: The applicant requests approval to replace the existing signs at the 76 gas
station. The project will include an illuminated freestanding gasoline price sign. The site is
located in the Commercial Historic (CH-1) zoning district. The project was continued from
December 13, 2006. (Susanne Thomas)
Planner Suzanne Thomas presented the staff report as follows:
• Distributed a color and material board that she advised was for both of her items, this one
and the one to immediately follow.
• Explained that the applicant is seeking approval for signage for a 76 gas station located at
Big Basin Way and Saratoga-Sunnyvale Road.
• Reported that this item was first considered in October 2006 and was continued to a
meeting in December 2006. At the December meeting, the matter was continued to a date
uncertain so the applicant could revise their proposal.
Saratoga Planning Commission Minutes for June 27, 2007 Page 16
• Explained that the request is for a single new gasoline price sign and signage along the
canopy.
• Said that the one freestanding price sign is proposed to be located eight feet back from the
property line at the corner of Big Basin Way and Saratoga-Sunnyvale Road.
• Added that the landscaping there would be extended toward the building to accommodate
the sign placement.
• Described the sign as being three feet high and three feet wide.
• Advised that it has been conditioned that the project complies with the Saratoga Village
Design Guidelines.
• Said that the sign shall include stained versus painted wood.
• Stated that lighting would be provided via low-wattage and screened floodlights.
• Said that the proposal also replaces two existing rectangular signs on the canopy with
smaller signs. Stripes will be painted on the building but the proposed stripes for the front
canopy and roof have been removed from the proposal.
• Informed that the findings can be made, that the project is consistent with the Zoning and
that property owners within 500 feet were notified and no negative comments were
received.
• Advised that Condition #4 has been modified to require that the two portable price signs
and LP price sign will be permanently removed.
Commissioner Nagpal asked if the addition approved a year ago was ever built.
Director John Livingstone replied he did not believe so.
Commissioner Nagpal asked what if there is a need for additional or changed signage in the
future.
Planner Suzanne Thomas said that the total proposed signage is 20 square feet so they have
the potential allowance for an additional 30 square feet in signage area available.
City Attorney Jonathan Wittwer said that they would have to get an amendment to their permit
to get that additional square footage in sign area.
Chair Hlava opened the public hearing for Agenda Item No. 3.
Mr. Mark Graff, Applicant:
• Said that he is not certain of the status of the addition mentioned.
• Said that he appreciates the time spent over the last year or so.
• Stated that they now want to get this application done and are ready to go.
• Apologized for the fact that some work got started before it was properly permitted and
said it resulted from having so many different people involved in different aspects of the
project and the communication not being as effective as it should have been.
• Assured that they want to comply with City regulations.
Saratoga Planning Commission Minutes for June 27, 2007 Page 17
Commissioner Cappello said that he can understand big organizations and communication
problems but asked why it took so long to correct problems once they were made aware of
them.
Mr. Mark Graff said he is not sure why it took so long to stop work.
Commissioner Cappello said that it is important to offer assurances that this project will be
done per the approval.
Mr. Mark Graff agreed and pointed out that they would not be able to obtain their final
approval if the project is not correctly built according to the approved plans.
Commissioner Cappello asked who is responsible for construction.
Mr. Mark Graff said that Ms. Sandy Matthews is responsible for construction for this company.
He added that it is his job to make sure the plans are drafted to the approval standards and
Ms. Matthews is the one to make sure the construction matches the approved plans.
Commissioner Cappello said that it appears that the work that was improperly carried out was
done to the original plan. He asked what would prevent this from happening again.
Mr. Mark Graff said that if construction is not to approved plans the City’s Building inspectors
will not finalize the project.
Commissioner Nagpal cautioned that several Commissioners live near this site.
Commissioner Cappello added that this is a visible corner and the entrance to the Village.
Chair Hlava said that Mr. Graff is lucky that Commissioner Kundtz is not here this evening as
he was especially upset by how long it took to stop work.
Ms. Jenni Young Taylor, Resident on Oak Street:
• Stated that this is a very unique Village.
• Pointed out that it had the loveliest Christmas tree this past Christmas as well as lighted
street trees.
• Opined that blazingly bright gas price signs are abhorrent.
• Added that she protests this application, as it is obviously a poor idea due to this being an
historic district.
• Said that it is a shame this Commission is even considering this proposal and that the time
spent on it is absorbing time of both the Commission and staff.
Commissioner Nagpal pointed out that the lighting is not internal illumination.
Planner Suzanne Thomas added that it is screened low-wattage lighting and was taken
directly from the Saratoga Village Design Guidelines. It will be lit from dusk to closing.
Ms. Jenni Young Taylor said she does not understand the term “screened” lighting.
Saratoga Planning Commission Minutes for June 27, 2007 Page 18
Chair Hlava said it is directed lighting to illuminate the gas prices only and not the surrounding
area.
Ms. Jenni Young Taylor said that such lighting does not belong in the Village.
Commissioner Nagpal explained to Ms. Jenni Young Taylor that the gas price sign has to be
visible to the public by State law. She asked for any suggestions to improve the situation.
Ms. Jenni Young Taylor said perhaps landscaping. She added that she is just protesting
lighted signs in the Village in general to protect the Village.
Director John Livingstone said that the Business & Professions Code is a State requirement.
Gas price signs have to be visible from the roadway so some kind of light is required. This
light would be off when the station closes at 10 p.m.
Chair Hlava asked how to be sure it gets turned off at closing.
Director John Livingstone suggested by the use of a timer.
Commissioner Cappello asked what wattage would be used.
Director John Livingstone said it would be to the discretion of staff.
Mr. Darvin Awe, Account Representative, Conoco/Phillips, explained that the approval last
year for the coffee kiosk fell through and is a dead issue at this point.
Commissioner Kumar asked if an internally illuminated sign was considered.
Planner Suzanne Thomas reported that the original sign proposed was internally illuminated
however the Saratoga Village Design Guidelines do not permit such signs.
Chair Hlava closed the public hearing for Agenda Item No. 3.
Commissioner Nagpal:
• Said that a nice conclusion has been reached here with how the Village Design Guidelines
are being followed. The sign is now wood-framed and faced. It has external illumination
through low-wattage floodlights and the canopy is not illuminated.
• Added that the City and this applicant have worked hard to get to this point and she
wanted to make note of that fact.
Motion: Upon motion of Commissioner Zhao, seconded by Commissioner Nagpal,
the Planning Commission approved the replacement of the existing signs
(Application #06-214) at the 76 gas station on property located at 14395 Big
Basin Way, as modified:
• Amend Condition #4 to require permanent removal of the portable sign.
Saratoga Planning Commission Minutes for June 27, 2007 Page 19
• Amend Condition #5 to read, “… lights shall be on a timer to go off
when the station is not open.”
• Amend Condition #7 to require white numerals on the stained-wood
background,
by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Nagpal, Rodgers and Zhao
NOES: None
ABSENT: Kundtz
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 4
APPLICATION #06-216 (366-22-023) Graff, (Conoco Phillips/Tosco Marketing), 12015
Saratoga-Sunnyvale Road: The applicant requests approval to replace the existing signs at
the 76 gas station. The project will include a variance for two illuminated freestanding
gasoline price signs. The site is located in the Commercial-Neighborhood (CN) zoning district.
(Suzanne Thomas)
Planner Suzanne Thomas presented the staff report as follows:
• Explained that the applicant is seeking approval for signs at the 76 gas station located at
Prospect Avenue and Saratoga-Sunnyvale Road.
• Described the proposed signs as including two new gasoline price signs and two canopy
signs. The freestanding price signs would be located four feet from the property line and
would be three feet by three feet in size. They are double-sided signs that will be internally
illuminated. The sign faces are white with red numerals. The cabinet is a silver matte
finish with a stone veneer base that matches the City’s gateway entrance.
• Said that the applicant proposes to replace two existing canopy signs with smaller signs.
• Reminded that the Business & Professions Code requires clearly visible gasoline price
signs. If a gas station is located on a corner, the signs must be visible from both streets.
• Explained that two Variances are requested. One Variance is to move the freestanding
sign placement forward into the front setback on Saratoga-Sunnyvale Road to improve
visibility. This results in a four-foot setback distance. The other Variance is to allow a
second freestanding sign along Prospect to comply with State Code requirement for gas
price signs.
• Advised that the required findings can be made and no special privilege is extended as a
result of the Variances.
• Said that the existing diesel price sign could be retained, replaced and/or reduced and
changed in color. The existing portable sign and monument sign would be permanently
removed.
• Informed that no negative comments were received.
• Recommended approval with the amendment to Condition #4 that requires the permanent
removal of the existing signs.
Saratoga Planning Commission Minutes for June 27, 2007 Page 20
Chair Hlava asked if the condition to allow a diesel fuel price sign still falls within the allowable
maximum sign area square footage.
Planner Suzanne Thomas replied yes.
Commissioner Rodgers asked if the calculation includes the Lotto signs.
Planner Suzanne Thomas said the area calculated includes the identification and price signs.
Commissioner Nagpal said that while this is not the Village, it is an entrance into Saratoga.
She asked if any consideration had been given to not having this sign self-illuminated.
Planner Suzanne Thomas replied no. She pointed out that there are two other gas stations at
two of this intersection’s corners with internally illuminated signs. She added that the
monument and canopy signs would be illuminated at this location.
Commissioner Nagpal replied that she was just curious.
Chair Hlava opened the public hearing for Agenda Item No. 4.
Mr. Mark Graff, Project Applicant:
• Stated his agreement with the staff resolution.
• Said that they had some concern over the growth of the flowers there right now as they
tend to obscure the prices.
• Reiterated the need to have these signs internally illuminated.
• Said he is available for questions and again apologized for the work done on site prior to
approvals being obtained.
Commissioner Nagpal said that since Variances are being sought here, would this business
be interested in pursuing signs that are not internally illuminated.
Mr. Mark Graff pointed out that one reason that the Variance is required for placement of the
freestanding price sign on Saratoga-Sunnyvale Road within the setback is because this
property owner allowed the City to place its gateway wall on his property, which reduces
visibility of his signs.
Commissioner Nagpal asked Mr. Mark Graff if they are amiable to the low-wattage flood light
option at this location. She suggested that it would be a unique opportunity for both this City
and this applicant to set a high standard at this entrance point to the City.
Chair Hlava asked who plants the flowers in front of the gateway wall.
Mr. Mark Graff replied the City.
Planner Suzanne Thomas added that the flowers are within a City easement and it is her
understanding the Public Works staff does the maintenance of the landscaping there.
Saratoga Planning Commission Minutes for June 27, 2007 Page 21
Chair Hlava:
• Agreed that what is planted there may be a bit tall and that perhaps something with shorter
foliage might be planted there.
• Said that the lack of visibility creates a disadvantage for this station owner over his nearby
neighbor stations.
• Asked about the diesel sign and whether a bigger monument sign might be utilized in order
to include the diesel price on the monument price sign too instead of using the ugly orange
price sign located on the building with diesel pricing.
Mr. Mark Graff said that this is one option to consider. A taller sign would allow the fourth
price to be included on the monument. Or a new sign diesel price sign could be created for
placement on the building.
Chair Hlava sought clarification that it would require an additional six to eight-inches in height
to accommodate a fourth price.
Mr. Mark Graff replied correct.
Mr. Darvin Awe said that they are not in control of the foliage that obstructs their existing signs
as well as their proposed signs. He reminded that they must be able to meet State signage
visibility requirements.
Chair Hlava closed the public hearing for Agenda Item No. 4.
Commissioner Zhao asked how many additional inches taller the sign needs to be for
inclusion of the fourth (diesel) price.
Commissioner Nagpal asked if this would result in exceeding the sign area allowed.
Planner Suzanne Thomas said that the required triangle of visibility for a corner becomes a
factor with a taller sign.
Commissioner Nagpal suggested a smaller simpler sign on site with the diesel price.
Commissioner Rodgers pointed out that if the sign height is raised to accommodate a fourth
price (diesel), the prices of the three main types of gasoline would become more visible as
they would be higher off the ground.
Chair Hlava reminded that this station provides sales and gasoline taxes for the City of
Saratoga while the stations at the other two corners do not as they are outside Saratoga’s city
limits. She didn’t want to see this station at a disadvantage over the other two stations.
Commissioner Nagpal said in her opinion it would be preferable to have this sign look more
like the sign that was approved for the Village location. She stated that there is an opportunity
here to create an advantage.
Saratoga Planning Commission Minutes for June 27, 2007 Page 22
Commissioner Zhao said she does not have a strong opinion one way or the other. The
applicant can consider matching the Village sign if it wants to do so.
Commissioner Cappello said that the sign as proposed for this location is nice and clean
looking. He said that he is pleased with what is being proposed by the applicant.
Commissioner Rodgers said she is happy with the signs either being internally illuminated or
externally illuminated. She said that the sign on the kiosk worries her more as it is more
offensive than having an internally illuminated sign. She said there is a need to find a way to
get the fourth price posted.
Commissioner Kumar said he likes the idea of a freestanding sign that includes all four prices.
Chair Hlava said there appears to be some interest in raising the maximum height of the sign
and asked staff if there is a problem with doing that.
Director John Livingstone said that a 10-foot by 10-foot visibility area is necessary and they
have a 16-foot by 18-foot area available here. This additional sign height will not create a
safety problem in this situation.
Commissioner Zhao asked if a Variance for sign area would be required.
Planner Suzanne Thomas said that the extra eight square feet of signage would come from
the site signage allowance and no Variance would be required as far as sign area.
Chair Hlava said it appears it is no problem adding an additional 8-inches in sign area on each
sign face.
Commissioner Nagpal said it appears the solution is having all four prices posted on the
freestanding price signs.
Chair Hlava asked how this is accomplished. She suggested amending Condition #2 so that it
reads that the height shall not exceed four feet and the sign area not exceed 12 square feet.
Commissioner Nagpal stressed the importance of conditioning the removal of the existing
diesel price sign.
Chair Hlava agreed that the diesel price sign as well as existing price signs must be removed.
Commissioner Rodgers said that the sign on the kiosk should not be replaced with anything
else.
Commissioner Nagpal said the language in the conditions calling for “permanent” removal
would take care of that concern.
Chair Hlava agreed and pointed out that the Commission is not approving anything to replace
that removed diesel wall sign.
Saratoga Planning Commission Minutes for June 27, 2007 Page 23
Commissioner Kumar suggested that the existing neon diesel sign also be removed from the
kiosk as a part of this condition.
City Attorney Jonathan Wittwer said that Condition #1 needs to be revised to refer to Exhibit A
as modified by the Planning Commission.
Chair Hlava:
• Restated the proposed Commission recommendations:
o Signs as shown on Exhibit A as revised to comply with the Planning Commission
decision.
o Height not to exceed four feet and sign area not to exceed 12 square feet.
o The existing portable signs, two diesel signs from the kiosk (wall and neon signs) and
the price sign on Saratoga-Sunnyvale Road shall be permanently removed prior to
issuance of permits.
Motion: Upon motion of Chair Hlava seconded by Commissioner Kumar, the
Planning Commission approved the replacement of the existing signs
(Application #06-216) at the 76 gas station on property located at 12015
Saratoga-Sunnyvale Road, with the amendments as follows:
• Signs as shown on Exhibit A as revised to comply with the Planning
Commission decision;
• Height not to exceed four feet and sign area not to exceed 12 square
feet;
• The existing portable signs, two diesel signs from the kiosk (wall and
neon signs) and the price sign on Saratoga-Sunnyvale Road shall be
permanently removed prior to issuance of permits,
by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Nagpal, Rodgers and Zhao
NOES: None
ABSENT: Kundtz
ABSTAIN: None
***
DIRECTOR’S ITEMS
There were no Director’s Items.
COMMISSION ITEMS
Chair Nagpal asked if there have been any appeals of Commission items.
Director John Livingstone advised that the Zambetti project was appealed and will be heard by
Council on July 18th.
Chair Hlava:
Saratoga Planning Commission Minutes for June 27, 2007 Page 24
• Advised that Council wants to set a joint session some time in August with the Planning
Commission to discuss proposals for the North Campus.
• Announced her attendance at a Green Building Seminar that she found to be very
interesting and informative.
• Described a website called builditgreen.com and offered to email information to the other
Commissioners on what she learned and how to access this website.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Rodgers, seconded by Commissioner Cappello, Chair Hlava
adjourned the meeting at approximately 10:10 p.m. to a Study Session on July 10th and
subsequently to the next Regular Planning Commission meeting of July 11, 2007, at 7:00
p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk