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HomeMy WebLinkAbout04-24-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, April 24, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Barry called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Jackman, Kurasch and Zutshi Absent: Commissioners Barry and Roupe Staff: Director Tom Sullivan, Planner Ann Welsh and Planner Lata Vasudevan PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of April 10, 2002. Director Tom Sullivan advised that the Commissioners present this evening do not represent a quorum of those who were present at the April 10, 2002, meeting. Therefore, the adoption of the minutes for that meeting would need to be continued to the next meeting. ORAL COMMUNICATIONS Mr. Tom Walker, 13800 Pierce Road, Saratoga: • Advised the Commission that he is trying to build a home on his property. • Asked the Commission to review his application, which has been under review for the last two years, since the project is at an impasse with staff. Acting Chair Jackman informed Mr. Walker that the method to process his application is through the Planning Department in order to get onto a Planning Commission Agenda. Mr. Tom Walker: • Advised that he was told he would be called and that staff had advised him that an Ordinance change was underway that might help him. • Declared that he has done everything possible, finding that the former and current Directors’ interpretations to be different. Acting Chair Jackman advised Mr. Walker to work with staff. Director Tom Sullivan invited Mr. Walker to call him directly Saratoga Planning Commission Minutes of April 24, 2002 Page 2 REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 18, 2002. REPORT OF APPEAL RIGHTS Director Tom Sullivan announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. *** Acting Chair Jackman proposed hearing Item No. 3 first since it is the only item on this evening’s agenda for which there are actual applicants. PUBLIC HEARING - ITEM NO. 3 Application #02-042 (397-25-060) – SANQUINI, 14087 Loma Rio Drive: Request for Design Review and Variance approval to add 294 square feet to the existing first floor of the house and 501 square feet for a new second floor. The addition would add 795 square feet to the existing 1,504 square foot residence with an existing attached 440 square foot garage. The total proposed house size with garage would be 2,739 square feet. The maximum allowed floor area for this parcel is 2,444 square feet; therefore, the applicant is applying for a 295 square foot Variance. (LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicants are seeking Design Review and Variance approval to add 294 square feet to the first floor and 501 square feet for a new second floor for a total of 2,739 square feet. • Added that the maximum floor area allowed for this parcel is 2,444, which requires a Variance for the additional 295 square feet being sought. • Said that this project will meet the Residential Design Guidelines. • Stated that the second floor has increased setbacks and a minimum use of windows on the sides. The applicants also removed a balcony feature from the second floor due to concerns expressed by neighbors. • Said that this project meets the findings necessary to support a Variance including unique topography and an existing Water District easement. Additionally, the parcel is smaller than the typical parcel in this neighborhood, which is 12,500 square feet. This parcel includes 7,000 square feet gross with 5,400 square feet net. Therefore, this parcel is restricted in the maximum floor area allowed when compared to others on the same side of the street. • Added that another home in the immediate area received a similar Variance. • Concluded that with the previous approval of a Variance and the surrounding neighbors’ similar home sizes to what is proposed here, this approval would not represent a special privilege and staff recommended approval. Saratoga Planning Commission Minutes of April 24, 2002 Page 3 Commissioner Garakani asked about the Water District easement, unclear if it was pending or existing. Associate Planner John Livingstone clarified that this Water District easement is already in place. He added that the Water District will have to review this proposal also but has already preliminarily approved the project in concept and supported the applicant’s pursuit of a Variance this evening. Acting Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 7:17 p.m. Mr. Dick Sanquini, Applicant/Owner, 1408 Loma Rio Drive, Saratoga: • Advised that his property borders on Saratoga Creek and the Santa Clara Valley Water District has an easement through his backyard as they do for every house along his Drive that backs onto this creek. • Pointed out that the existing house is presently 1,944 square feet with a 440 square foot garage. Houses in the neighborhood range from between 2,700 to 3,700 square feet, with an average of approximately 3,000 square feet. With their proposed 294 square foot first floor addition and 501 square foot new second floor, they will take their 1,944 square foot home to 2,739 square feet, which is right at the bottom of the range for the neighborhood. • Stated that the height will go from 17 feet to 21 feet. The neighboring residence to the west is 24 feet high and the east the home is 20 feet high. The range of heights for homes in this neighborhood is from 23 to 25 feet. This new home will fit nicely into the neighborhood in both size and height. • Said that the garage is currently a dominant feature. With their plan to use Craftsman-style architecture, this will minimize the garage’s impact. • Pointed out that their new second story will be pulled in on all four sides and that the second story is enclosed within the roof. • Added that they have done work to fit this house better with the neighborhood. Commissioner Hunter asked Mr. Sanquini how the size of his parcel compares with the neighborhood. Mr. Dick Sanquini replied that the parcel is 7,039 square feet but with the easement the net square footage is 5,483 square feet. He said that some parcels in the neighborhood are larger and some are smaller. Commissioner Hunter told Mr. Sanquini that the paperwork he has provided was marvelous and that it is clear he has done a lot of work in preparing his design proposal. Acting Chair Jackman stated her appreciation for the fact that this house will fit into this neighborhood as well as for the efforts made by Mr. Sanquini to work out any issues with his neighbors. Acting Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 7:25 p.m. Commissioner Kurasch said that this is a slam dunk project and that applicant has made every effort. This is an appropriate request and a nice addition to this neighborhood. Commissioner Garakani concurred. Saratoga Planning Commission Minutes of April 24, 2002 Page 4 Commissioner Hunter stated that it was nice that Mr. Sanquini spoke with all of his neighbors and eliminated the balcony. Added that this project is a nice example of how things should be done. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Hunter, the Planning Commission approved a Design Review and Variance (Application #02- 042) to allow an addition to a residence at 14087 Loma Rio Drive. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 1 Application #02-021 (CITYWIDE) – SARATOGA PLANNING COMMISSION: The proposed Zoning Ordinance Amendment to create standards to permit small wind energy conversion systems in accordance with State Assembly Bill 1207. (WELSH) Planner Ann Welsh presented the staff report as follows: • Advised that Resolution 02-021 amends the Zoning Ordinance. This action is in response to State Bill 1207. The Bill requires municipalities to adopt a Wind Energy Ordinance by July 1, 2002. If no local Ordinance is adopted, windmills would be a permitted use by July 1, 2002, without requirement for public hearing. • Added that City regulations cannot be more restrictive than State law allows. • Said that the proposed City Ordinance would require a Conditional Use Permit, with a Public Hearing and Public Notice. • Offered some comparisons between the State guidelines and the proposed City Ordinance: • Maximum Height: The State’s default guidelines would permit a windmill height of up to 80 feet for one to five acre parcels and no height limits for windmills on parcels greater than five acres. The City Ordinance would limit the height of windmills to 65 feet on parcels from one to five acres and a maximum height of 80 feet for parcels greater than five acres. • Setbacks: The State’s default guidelines would have maximum setback requirements of 30 feet. The City Ordinance would require a setback distance that is equal to the height of the windmill. • Noise: The State default guidelines would permit a noise level of 60 decibels day and evening or consistent with a jurisdiction’s General Plan. The City’s Ordinance would permit 60 decibels during the day with a reduction to 50 decibels in the evening. • Clarified that it is in the City’s best interest to adopt its own Windmill Ordinance. Without a City Ordinance, there would be fewer restrictions. Commissioner Zutshi asked about whether the maximum height includes the blades of the windmill. Planner Ann Welsh replied that the blade size must meet wind resistance standards. Said that the intent is to have the height include the blades, which may need to be added to the definition in the Ordinance. Commissioner Zutshi asked if there are currently any such windmills in the area and whether there have been any inquiries for such installations. Saratoga Planning Commission Minutes of April 24, 2002 Page 5 Planner Ann Welsh replied no. Commissioner Kurasch expressed confusion. It appears that the City cannot adopt more stringent rules than the State but the proposed City Ordinance has more restrictions. Planner Ann Welsh clarified that the State has established default guidelines that would apply if a municipality does not adopt its own Ordinance. There is also a second more restrictive set of State guidelines, which apply for cities with their own adopted Windmill Ordinance. Commissioner Hunter inquired whether there are design review controls. Planner Ann Welsh replied not. The proposal must simply meet all Ordinance guidelines. Director Tom Sullivan added that the review that would be done by the Commission is for a Conditional Use Permit and not a Design Review application. Planner Ann Welsh added that the Commission would be asked to find that an application meets the conditions of the Windmill Ordinance only. Commissioner Garakani asked how many windmills would be permitted per parcel. Director Tom Sullivan replied one. He added that the purpose of this State law is to allow people to generate power for themselves. Planner Ann Welsh stated that this limit to one could be clarified in the Resolution for this Ordinance. Acting Chair Jackman stated that the purpose is for an owner’s own use and not to sell power back. Planner Ann Welsh clarified that the owner of a windmill can indeed connect to the grid and sell back any excess power generated. Director Tom Sullivan stated that the number of windmills allowed is based on the number of parcels and not the total acreage. Commissioner Kurasch asked if setbacks would be discretionary under the Conditional Use Permit review. Planner Ann Welsh replied that the requirement would be that the setback is equal to the height of the windmill or more. Commissioner Kurasch questioned whether a lower windmill height might generate less noise. She asked where the noise level is measured. Planner Ann Welsh replied that noise levels would be measured at the property line. Commissioner Kurasch asked whether the noise from a windmill is continuous. Saratoga Planning Commission Minutes of April 24, 2002 Page 6 Planner Ann Welsh replied yes. Acting Chair Jackman asked if the windmill is running at all times. Director Tom Sullivan replied as long as there is wind blowing. Acting Chair Jackman asked if the windmills store energy. Commissioner Kurasch replied that this would depend whether it is connected to the grid and/or whether there is a capacity to store energy. Acting Chair Jackman asked if the intent of a windmill is for home use only. Planner Ann Welsh replied no. She added that the windmill could generate more energy than needed by the owner. Director Tom Sullivan offered a clarification upon further review. Per the State regulations, the maximum height is measured as the tower height and not the blades. The City’s Ordinance cannot be more restrictive than the State in this respect. He added that the minimum parcel size is one acre and one windmill would be permitted per parcel no matter how large the parcel. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Garakani, the Planning Commission adopted Resolution O2-021 recommending amendment to the Zoning Ordinance to create standards to permit small wind energy conversion systems in accordance with State Assembly Bill 1207, as presented. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 2 Application #02-058 (CITYWIDE) – SARATOGA PLANNING COMMISSION: Zoning Ordinance Amendment regarding development standards for basements. The proposed Zoning Ordinance Amendment will include a revised definition of “basement,” provide a definition of “lightwell,” specify setback and size requirements and specify planning review requirements for proposed basements. (VASUDEVAN) Planner Lata Vasudevan presented the staff report as follows: • Advised that the purpose of this hearing is to review the draft Resolution. • Stated that per CEQA requirements, an Initial Study was prepared for this Ordinance Amendment. The Initial Study found that there would not be a negative impact on the environment. A 20 day review period ends on April 29, 2002. • Stated that the Commission will need to adopt a Resolution supporting a Negative Declaration. Saratoga Planning Commission Minutes of April 24, 2002 Page 7 • Recommended that the Commission review this proposed Zoning Ordinance Amendment and continues this item to the May 8, 2002, meeting when both Resolutions can be adopted. • Stated that this amendment changes the definition of basements and provides separate requirements for Hillside lots. A property with an average slope greater than 10 percent is considered a Hillside lot. A basement 42 inches or greater above grade would be counted as floor area and counted as a story. • Clarified the definition of a light well, Planning review requirements, the addition of a basement to existing structures, public notification and review, development requirements for basements and lightwells. • Asked the Commission to carefully review the wording of the text of this draft Ordinance. Commissioner Zutshi asked about the notification of 10 closest property owners and asked how that is determined. Director Tom Sullivan advised that the ten closest are located within a radius of the project site. Additionally, the noticing area is typically extended to more than just ten. Commissioner Garakani questioned the need to notify for a basement. Director Tom Sullivan replied that there are neighborhood impacts when constructing a basement including trucks, noise, dust, etc. Acting Chair Jackman asked if everyone understands this draft Ordinance. Commissioner Zutshi stated that the figures provided are very good. Commissioner Kurasch asked if the revised Ordinance is more or less restrictive. Planner Lata Vasudevan replied more. Director Tom Sullivan added that a better place to take measurement has been established. Planner Lata Vasudevan said that most cities go from floor level above to the grade. Commissioner Kurasch asked about the current 36-inch lightwell standards. Director Tom Sullivan said that the Uniform Building Code has a minimum requirement for a 36-inch lightwell for egress purposes. Former Director Walgren had previously established a policy to allow a maximum 36-inch lightwell. Added that he finds an additional foot makes for a more functional lightwell both for provision of light and egress. Commissioner Kurasch expressed some confusion for the excavation goal. Director Tom Sullivan pointed out that some basements have to be over excavated and later filled due to geotechnical considerations and to get the right sort of compaction. Commissioner Kurasch asked if there is a way to define net excavation area. Saratoga Planning Commission Minutes of April 24, 2002 Page 8 Director Tom Sullivan replied that the total would be from the bottom of the footings for the wall of the basement. Commissioner Kurasch asked if this is the most realistic way. Director Tom Sullivan replied that he believes so. Commissioner Kurasch asked what the net effect would be. Planner Lata Vasudevan replied a floor area penalty above nine feet. Commissioner Kurasch said that she believes that nine feet should be the maximum allowed. Commissioner Garakani pointed out that it is too expensive to go to 12 feet with a basement. Commissioner Kurasch asked if there are any changes to the Planning Commission review. Director Tom Sullivan replied no, they stay the same. Commissioner Kurasch stated that this amendment has solved a lot of problems and made it much clearer. Commissioner Garakani recommended requiring a staircase versus a ladder for egress from a basement lightwell. Acting Chair Jackman asked staff for clarification on what action should take place this evening. Director Tom Sullivan replied that staff is proposing that the Commission continue this item to the meeting of May 8, 2002. Acting Chair Jackman asked what would happen next following the Commission’s action. Director Tom Sullivan replied that Council will have a Public Hearing at one meeting and take a second reading at a subsequent meeting prior to final adoption. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Zutshi, the Planning Commission continued consideration of a Zoning Ordinance Amendment (Application #02-058) regarding development standards for basements to its meeting of May 8, 2002, to allow the completion of a 20-day Initial Study review period and the adoption of a Negative Declaration with this Resolution. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Saratoga Planning Commission Minutes of April 24, 2002 Page 9 DIRECTOR’S ITEMS Clarification of the Planning Commission’s direction regarding the re-polling of property owners in the Saratoga Woods and Brookview Neighborhoods. (SULLIVAN) Director Tom Sullivan clarified that at the last Council meeting, the action Planning Commission minutes were pulled off Consent by Council and will be agendized for discussion at its next meeting. At that time, Council will give direction regarding the re-polling of property owners in these two neighborhoods regarding single-story overlay districts. NEW BUSINESS There were no New Business Items. COMMISSION ITEMS County Reparian Workshop Commissioner Kurasch advised the Commission of a Riparian Renaissance County Workshop that would be held on June 5, 2002, from 9 a.m. to 2 p.m. Stated that this program might be interesting for the Commission. Planting within an Easement Acting Chair Jackman asked staff if property owners are able to plant within easements. Director Tom Sullivan replied yes but that no permanent structures are permitted. Silicon Valley Manufacturing Workshop on Affordable Housing Commissioner Hunter advised of the Silicon Valley Manufacturing Group’s Affordable Housing program on May 8, 2002, and asked if anyone would be attending. Acting Chair Jackman said that she would like to go. COMMUNICATIONS Written – Minutes from Regular City Council Meetings of February 12, 2002, and March 12, 2002. ADJOURNMENT TO NEXT MEETING Acting Chair Jackman adjourned the meeting at 8:15 p.m. to the next regular meeting set for Wednesday, May 8, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk