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HomeMy WebLinkAbout05-27-1981 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MI. NUTES DATE: Wednesday, May 27, '1981 -'7:30.p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Bolger, Crowthe. r,. King, Laden, Monia, Schaefer and Zambetti Absent: None Minutes The following changes were made to the minutes of May 13, 1981: On page 2, under SDR-1485, it was added: "It was pointed out that the project exceeded building height limits of a C-V distridt by 13 feet and did not conform to the Zoning Ordinance setback requirements." On page 10, under SDR- 1490, it Should read that Commissioner Crowther ,moved to approve SDR-1490, with the condition added that no further construction is permitted on any of the newly created lots.' On page 12, under V-550, the sentence was added: "Mr. Hall, when asked if he was considering ldeveloping his property in such a manner that he would need a wider road,'. replied that he had no desire to develop it." With those changes, Commissioner Zambetti moved, seconded by Commissioner Crowthe.r, to waive the reading of the minutes of May 13, 1.981 and approve as distributed. The motion was carried, with Commissioners King and Monia abstaining, since Commission6r King was not present at the meeting and Commission. er Monia was not present 'for a portion Of .it. CONSENT CALENDAR 1. EP-16 - Lawrence Roe, 12499 Scully ..Avenue, Request for Encroachment Permit for fence in right-of-way 2. SDR-1487 - Saratoga Union School D{strict, Aloha Avenue 4 lots, Final Building Site Approval Both of the above .items were removed from the Consent Calendar for dis- cussion. Staff explained that one .of the neighbors had requested a continuance on EP-16, since they were unable to attend the meeting this evening. It was directed that EP-16 be continued to the meeting on June 24, 1981. It was pointed out that, on the Status Report for SDR-1487, it stated that all conditions for Building Site Approval have not been met. Staff commented that they believed that to be in error, and that all of the conditions had been met. Dr. McNicholas, from the Saratoga Union School District, stated that it was his understanding that all. of the requirements have been met at this time. Commissioner Crowther moved to approve SDR-1487, conditioned upon the fact that all of the 'indicated items have been met. Commissioner Zambetti seconded the motion, which was carried unanimously. PUBLIC HEARINGS 3. .V_.:~5..4...9._- Brian Morrow, Request for ~ Variance to allow a recently con- structed balcony to maintain a 17' side yard where 20' is requir_ed, at 19015 Springbrook Lane; Continued from April 22, .'.. i-.: :-:! ::..-...:... '1'9 _8'!';'.~' "?"'~:'~ ~-~' ':". ':": .: .:' :. ":."'..'.-'-":._--'~."-'.' '- · '.. ' .... Staff explained that this item had been continued' from April 22, 1981 because the neighbor was out of town and the new property owner had not been present. Staff described the proposal. Planning Cornmiss ion ', Page 2 Meeting Minutes 5/27/81 V- 549 (cont.) The public hearing was opened at 7 :.50 ~ p .m. Tom Carine, the adjacent property Owner, stated that, 'since the balcony looks right into his back yard, specifically his master bedroom area, he would like to see a row of trees placed along the property line. He submitted a list of different types of trees that he felt would solve the problem rather than removing the balcony. ' Mr. Morrow commented that he thought that would be agreeable with the new owner, who is present, since hE hid discussed plantings with him. He noted that the new owner also has a loss of privacy from his kitchen area. ' Mr. Carine stated that he had seen·th~ landscaping plans that the new Owner, Mr. Nederveld has, but he would like to see something planted in the near future. The proposed landscaping was discuSse~ by Mr. Nederville, the new owner, and he stated that it was in agreemen~ with what Mr. Carine was request- ing. He added that the drawings will, be completed soon. Commissioner King moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. Commissioner Crowther moved to approv~ V-·549, subject to the condition that suitable plantings be established as shown in Mr. Carine's exhibit (Exhibit "D") within 30 days, and maiHtained along the fence line to shield· the neighboring property. Commissioner Zambetti seconded the motion, making the findings. Commissioner Schaefer commented that,:since the person who is supplying the trees is not the person who isiliying in the home at the time, she questioned what happened if some of the trees die. It was noted that the motion included that these p!lantings must be maintained, as a condition of the variance. Mr. Hederveld stated that he would·ha~e to get vehicles in and out o'f the area to construct a retaining walil. He requested that 60 or 90 days be the timeframe, rather than 30. Commissioner~Crowther amended his motion to state that the plantings must be done within 60 days. Commissioner! Zambetti seconded._ the amendment, and the motion was carried unanimously. 4. V-550 - Ronald Knapp, 20885 Wardell R'oad Request for a variance to allow an existing corral and ~arn to remain in their present location which does not meet 'current ordinance setback require- ments · (50' from any property'!line and 100' from any dwelling not on the site)..; Continued fr~om May"l'3, 19·81· Staff explained that this item had be~en continued from the last meeting, at which time Mr. Hall indicated tl~at~ the existing corral structure encroached into a 30 ft. easement.' lit was noted that both the Staff and Deputy City Attorney have reviewed!thee ·documents pertaining to this easement. Staff indicated that, if t!he ·Commission approves the variance, Staff is recommending that the corral' be relocated to be completely out- side the 30 ft. wide easement area. It was reported·by Staff that they:h~d rechecked Mr. Knapp~s calculations on the map, and it had been found tha~t the corral itself encroaches into the easement about 7½ feet, not i2½ ft. as indicated by the applicant's. drawing. Staff also indicated that M·r: and Mrs. Moon had requested an inspection by the Environmental Healt~h Services of the County, and they have submitted methods of cleaning'a~d containing the horse waste so it would not have adverse impacts. Staff explained· that the County Sani- tarian had not detected any particular odor problem when they visited the site; the animal was not on-site :at that time and there had been only one manure pile near the barn. ·Ho~e°~er, they feel there could be problems in the future. Planning Commission Page 3 Meeting Minutes 5/27/81 V-550 (cont.) The public hearing was opened at 8:'00 p.m. Ronald Knapp, the applicant, discusZSed the issues of the easement and sanitation. He stated that he feels an agreement could be worked out with Mr. Hall regarding the easemen.t, as they have done in the past on various items. He discussed how he. had measured the calculations on his map. Mr. Knapp stated that his attorney has advised him that the easement is for Mr. Hall and two other families' ingress and egress, but it is not an easement that gives full 'rights to the property. He added that the attorney maintains!_'~a~ there should be no reason to move'the corral fence at this time,. since it does not in any way weaken the easement of the Halls; it does not interfere with the egress and ingress, and certainly an agreementZ to move it if and when the roadway is ever widened should be acceptable. Mr. Knapp stated that his attorney's biggest concern is the allegation inthe Staff Report that the roadway should be construed as .a potential street because it is a 30 ft. easement and that the setbacks should be measured from that. He explained that that interpretati'on should be left to.b'~.'.'~0~"rk~...gufLb~"- Mr. Hall and himsdlf and/or through: the courts. He alsome~ion~"~he fact that the report states that th:e easement should be subtracted from the acreage in figuring the land area. Mr. Knapp requested that both of these statements be deleted from' the Staff Report. He reported that his attorney was not present at theZ meeting. Chuck Moon, 12651 Arroyo de Arguell.o,.submitted a copy of the letter from the Health Department, a letter from his pool service, and a draw- i'ng. He stated ~hat he had also measured the setbacks and easements, and he concurred with the measurements of Staff. Mr. Moon commented that, when the easements..are subtracted, Mr. Knapp has slightly less .than one-half acre and d'O'~'sn'~t'meet !the ordinance requirements for horses. · t-.te also indicated that the manure pile is still there. Mr. Moon stated that if the Commission grants the variance, he would request that the corral be relocated south from the ~existing barn, and there is adequate room. He explained that if it were moved it would make a significant difference to them because the wind~ comes primarily from the-north. Mr. Moon described the' location of the other neighbors. Mr. Marshall Hall addressed the Commission, pointing out that the ordi- nance states that you need 40,000 sq. ft. for a horse, and he feels the Knapps only have a little over 30,000 sq. ft. of usable area. He stated that he felt Mr. Knapp's attorney would recognize that you cannot use the surface of someone else's r.ight-.of-way when calculating the area. Mr. Hall indicated that there are two property lines in question, the line dividing the right-of-way 'from the balance of the Knapp property and the line defining the subdivision. He stated that the corral does not clear either one of those lines. by 50 ft. Mr. Hall gave the history of the barn and corral. He commented that if the City grants this vari- ance conditionally with requirements that it be cleaned every three days and watered down, etc., it will create an impossible policing situa- tion for the Staff. Mr.' Knapp commented that they do have the original horse permit that did not have any requirement to move the corral when the land was subdivided. He added that it indicated that they were in full compliance, and he has a building permit on the barn which shows where the easement is. The easement was discussed, and Mr. Knapp added that he would be glad to plant some trees along the site. He also noted that both the Code Enforcement Officer and the Building Inspector have commented on how neat and clean the area was. He commented that their pool is totally removed from the barn area; however, they' still have a tremendous dust problem in the pool area. The Deputy City Attorney discussed :the easement. He stated that he did not agree with Mr. Knapp's counsel that the City~s recognition of that easement constitutes some form of c'ondemnation. He explained that the definition of streets in the City'sZ ordinance includes private easements. There is an easement of record which has been acknowledged by the parties and apparently there is no claim th'at such easement has been'in any way relinquished or abandoned, even though the entire area of the easement has not been used. He stated that .there has been no interference with - 3 - i~lanning Commission ~. Page 4 Meeting Minutes 5/27/81 V-550 (cOnt.) the rights established under that easement, and he would take the posi- tion for the City that there is a 30 ft. easement as a matter of record; the parties have acknowledged the existence of that easement at various times subsequent to the creation of~ the easement; therefore, we would also view that 30 ft. easement as establishing the width. Chairman Laden stated that she would like the Deputy City Attorney to take the input of Mr. Knapp's attorney and Mr. Hall's interpretation and give the Commission his written opinion as to those items. The Deputy City Attorney asked the applid'ant to have his counsel address a letter to the City or City Attorney's office, outlining what his position is, and he will respond to that. Commi'ssioner Crowther stated that he felt the Deputy City .Attorney has clarified that the statements in the Staff Report regarding the ease- ment are consistent with the Ordinance. He added that his only question would be whether it is feasible to do what Mr. Knapp suggests, which is to grant the variance conditionally: on the basis that, if for some reason in the future the full width of easement is needed, the corral would be moved. The Deputy City Attorney stated that he would prefer not to put that in as a condition unless there is some agreement between the owners which is a matter of public record. He explained that, while the 'condition is known now and it is understood that t|~e corral would be moved as time "'.7'g~0~s. by',~th~S~'.~thing~.s'om~t'~.~"~get!'los~ in the process. He added that he feels Mr. Hall has'a point that,! once you allow something over the easement, unless it is a matter of public record, you run the risk of infringing on that easement. The only way it could be workable is if there was some document acknowledge'd by Mr. Knapp made a matter of public record, so that subsequent owners wbuld be aware of the easement, and the fact that the structure within .the area would not negate the easement. The Deputy City Attorney clarified 'that he was referring to something recorded in the Office of the Recorder for Santa Clara County; however, his preference would be that, if th'e variance is to be granted, we try to keep clear of the easement if at. all possible. The Deputy City Attorney also stated, when questioned whether the Com- mission could require that the corral be moved back 50 ft. even if it wasn't mentioned in the original approval, that he did not. think the Commission is bound by particular p~rovisions in the license. The license says that ~t is subject to all applicable laws of the City of Saratoga, and we have already determined that. a variance is required with respect to other areas; therefore, you can .impose conditions if the variance is to be granted. The Deputy City Attorney was also requested to submit his opinion on the following questions: (1) Do we .subtract all easements from the site, even though the Knapps are in! fact paying taxes on this land? (2) Has there been any modification. to the ordinance since the applicant made application, say, in the last 10 years? (3) The City's liability relative to the building-'permit whi'ch shows setbacks that were approved, and then permitting a neighboring s.ubdivision with the particular layout of the homes. It was suggested that possibly the =Knapps and Moons could get together and discuss some of the conditions that might allow the variance, using the suggestions in the letter from 'the Health Department. Mr. Knapp stated that he had offered to put s'ome fast growing large shrubs or small trees along that property line which would screen out flies and dust and possibly odor. He stated that he a'lso had offered to relocate the corral to the other side of the barn. Mr. Knapp commented that he would try to discuss these solutions with the Moons. It was pointed out that one of the recommendations from the Health~ Inspector had been to redesign the manure bin, and Mr. Knapp was asked to consider thi. s. It was directed that this item be continued to the June 24, 1981 meeting. Break - 9:10 9:22 p.m. 4 Planning Commission Page 5 Meeting Minutes 5/27/81 5. UP'-494 - Donald Vadnais, Request for a Use Permit to allow construction · 'of a detached garage and sho~p over 6' in height to be located in the required rear yard (1' from side yard property line, 4' from rear property line), at 20603 Carni'el 'Avenue Staff described the proposal and stated that they were requesting that the applicant maintain the 6 ft. side and~ rear setbacks. The public hearing was opened at 9:25 p.m. Mr. Vadnais, the applicant, stated t~at he would like to build the new structure where the old structure is i which is approximately a 3 ft. setback for back and side. He explained that when he bought the place be thought the structure had been built with a permit and that he could replace it with an approved building without any problem. He stated that with the 3 ft. setback it would make .an easier turnaround area in the back. Mr. Vadnais commented that the proposal is agreeable with his neighbor, and he stated that there would not be an aesthetic disruption, since there are trees around the corner that shield. He also commented that th.e houses on the two lots just behind are set On the front of the lots and there is quite a distance between the those homes and the new structure. DiscussiOn followed on the setbacks.: It was noted that. t|~ fact '~]~t=' ther'e~'= ~'~.~"j~'~'b~i'!'d'~Fn'g"~'~_.~H~., east is important from the standpoint of fire pro- tection. Commissioner Schaefer commented that if all illegal structures are allowed to be replaced, it encourages people to build them. Mr. Vadnais stated that if it encroached on any privacy he would agree, but he does not think that any other structure will be back there. CommisSioner King moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. It was the consensus of the COmmission that the 6 ft. setback should be maintained for consistency. Commissioner .King moved to approve UP-494, per the Staff Report dated May 20, 1981, subject to the condition of a' revised site plan reflecting the 6 ft. setback and a larger turnaround, and. a landscaping plan, showing how i~t will. be screened from adjacent pro[~erties, being submitted; making ~he. findings. Commissioner Crowtber seconded the motion, which was carried unanimously. The applicant was informed of the 10-day appeal period. 6. UP-495 Jack Plato, Request for a i~Se Permit to allow construction of a detached solar accessory structure over 6' in height (10' max.) in the required 'rear yard which would maintain a minimum 12' setback where 25' is required, at 19405 Bainter Avenue Staff described the proposal. They commented that this was the best loca- tion in terms of solar orientation and they feel it would be consistent with the City policy of encouraging solar uti-.~ization. The public hearing was opened at 9:40 p.m. The applicant described the solar system and his proposal. Mrs. Donald Bacci, 19261 Citrus Lane, stated that they. live immediately behind whjere th~ panels will be placed. She explained that Dr. McLaughlin had put up his solar panels the first of the year and it is like living in an industrial area. Mrs. Bacci commented that their liv~.ng part o~F the back yard and house is directly behind where Mr. Plato would like to put his solar system. She stated she felt that if someone wants to put in a solar system, they should also be willing to look at it, rather than the neigbbors. She indicated that their ',yard i.s 'not screened to the back, since they wanted a rural feeling. Mrs. Bacci questioned why the panels have to go directly behind the only ~ard that is open and not .screened. .The location of the homes in the area and the panels were discussed. The possibility of additional landscaping was discussed. Commissioner Bolge'r commented that he felt Mrs. Bacci was asking the Commission to investigate oth. er sites on ~his particular property, to see whether or not it might accomplish the applicant's needs as well as not impact the neighbors. Staff indicated that other locations ,on the site might be subject to shading - 5 - P~anning Commission Page 6 Meeting Minutes 5/27/81 UP-495 (cont.) by evergreen trees. Commissioner Bo~ger suggested the eastern wing of the house along the corral area as an alternate location. Commissioner Laden suggested planting heavy shrubbery~adjacent to the panels on the applicant's property, which would provide some screening of the panels and would also not affect the 'sun coming in if they we're just as high as the panels. She commented that this would not impact the Baccis' view but would essentially provide some kind of curtain to the side of the panels. Mrs. Bacci also noted' that they objected to the view of the scaffolding involved. Staff indicated that if the shrubbery was planted to the east it is unlikely it would have .~n~.'ad~rse'-~di~g"'~mp'~ct'~ They added that if the shrubbery was low enough it.would not affect th.e Baccis' view. Mrs. Bacci stated that it still would affect it, since they are lower. She commented that Mr. McLaughlin's panels have reduced their property value by one-quarter. She added that she would like the Commissioners to come and s~tand in her back yard, so they dould visualize the situation. The possible landscaping was discussed with the applicant, and he stated that he would be happy to plant anything the Commission requested. Com- missioner King encouraged Mr. Plato to discuss the planting with Mr. McL~ughlin, and. possiblly the problem concerning his panels could also be solved. Commis s i one r Cr0Q~i~'~'~ .~o. Ved '6'o:."-~ r$'v'e'j'v = ~"~.' ;:'.~']~jd~.:"'E'x~'il~l"ts" "j~'~'.: a~h. '~'C" .'~ub j ect to the condition that there be screening planrings placed to the east, which will-require Staff review and approval. Commissioner King seconded the motion. Commissioner Bolger indicated that he felt Mrs. Bacci's statement about the fact that, if you are going to have the benefit of solar, you should look at it as well. He stated that he would notbe voting for-the variance, since he feels there are other alternatives. Commissioner Schaefer stated that she would like the panels moved so that it would be within the setback, and a use permit would not be necessary. However, she added, she could understand:'.the reason for not putting it closer to the house because the shade factor is very major. Staff pointed out that, by using a use permit, the Commission can add mitigating measures which you could not otherwise. The vot&-was"taken on the motion, which was carried, with Commissioner Bolger dissenting. Chairman Laden noted the 10-day appeal period. 7. Consideration of a Text Amendment to,the Zoning Ordinance as it relates to Design Review (GF-.331) Staff stated that the present ordinance does not have any criteria by which the Commission can evaluate prgjec'ts. They reported that a sub- committee had been set up to work on. the modification of the ordinance prior to it coming to the. Commission. Staff noted major changes of (1) inclusion of major additions of interior space, and (2) standards for development of residential str. uctures. The public hearing was opened at 10:15 p.m. Discussion followed on the floor 'area ratio. It was determined that the numerator should be changed to read: "Footprint plus any additional storage usable space" The possibility of an Architectural Review committee being utilized was discussed, which could view the homes along with Staff. Ch. ai'rman'L~d~n- commented that she felt the ordinanc& should have 'a trial period, and the.n'it could be determined if there.was a need' for an Architectural Review Committee. Commissioner King:commented that the Commission has wasted time because of lack of any definitive 'criteria. He felt that the existing small Architectural Review Committee has not been properly utili~gan Commissioner Schaefer agr&ed that the Committee should be used more . Commissioner Zambetti questioned the. fact that an addition of 800 sq.-ft.""- -.....- ................ ~ .......... : ........ :.~,..:-- .... ~.-.... .... ~.- ..... - ....... 'Planning Commission Page 7 Meeting Minutes 5/2.7/81 "' Design Review (cont.) would require a public hearing, since he feels that it i~ qdi~Z~."~.~"t~iat~ve. He stated that he felt it should be based on a sliding s'Cale for the zoning districts or completely eliminate 'it and use the over 50% expan- sion policy currently existing. Discussion followed, and. it was deter- mined that it should read that a major addition would be anything that exceeds the allowable floor area ratio. Considerable discussion was held on.the length of time the approval for 'the design review application.wOuld'remain in effect. It was determined that it should be consistent with ~he' length of time 'applied to tentative maps, which is an approval for 18 months', plus two 1 yea'r extensions from the Planning Commission. Commissioner Crowther expressed his:concern that a 30 ft height in many cases is too high. He suggested adding to the setback as the st'~ucture is increased in height. Chairman Laden requested that he submit a diagram showing. the architectural result of. that idea, and it can be studied at the next Committee-of-the-Whole. COmmissioner Monia' also noted that he would like to further discuss the p~rcentage mentioned with regard:.to the need for a variance. It was directed that this item be continued to the study session on June 2, 1981, at which times the above subjects can be' discussed. This matter will be agendized for the regular m~eting of June 10, 1981. DESIGN REVIEW 8a. Negative Declaration A-769 Loyd~ Paradise 8b. A-769 - Loyde Paradise, Mendelsohn Lane, Two-Story, Single-Family Resi- dence, Final Design Review ApproVal' Chairman Laden reported that 'this item would be continued to an on-site visit on June 16, 1981 at 4:30 p.m.~and the 'regular meeting on June 24, 1981. : MI'SCELLANEOUS 9. Referral of the Specific Plan from the Cit'y 'Council Staff submitted copies of the consensus changes from the City Council on the Specific Plan. .They explained that these were 'being referred back to the Commission for their report, which is required by the GoVern- ment Code from the Planning Commission, indicating their review of the changes made by the City Council. The major changes were discussed. Regarding the Density Policies, Commissioner Crowther stated that h'e was concerned about condominiums in the hills and moved to request the Council to change the words back to "single-family detached" in Item 1 on page 3. Commissioner Bolger seconded the motion, which was carr=ied, with Commissioners Laden and Schaefer dissenting and Commissioners King and. Zambetti abstaining. Concern was expressed over the potentially restrictive impact of the County Lands Policies. Concerning ~the Protection of the Ridgelines, Commissioner Schaefer expressed str'ong disagreement with the phrasing of protecting all of the ridgelines., to the point where, when it is the only stable ground, there will be no building on it. Regarding the Horse and Trail Policies, there were questions concerning private land- owners being required to maintain the trails and emergency access roads allowing pedestrian access. The need for the Agricultural Zoning Poten- tial was questioned and the implementation was discussed. 'Considerable discussion was held on~ Circulation. Commissi'oner Laden stated that there had previously be~en a.majority'feeling that the Council should seriously consider taking full r~ghts--of-way and easements for the roads, even if they are only going to be devel'oped as emergency access. She 'commented that she 'per~sonally would like to suggest that the City Council reconsider taking ~a public road width right-of-way around the emergency access roads. Commissioner Crowther stated that he would then be concerned that roads would go through that are not wanted 7 Planning Commission Page 8 Meeting Minutes 5/27/81 ;~ Specific Plan by the residents. Commissioner Zambetti commented that he has always wanted. through roads in the hillside areas because of public safety.. Commissioner Crowther moved to requesFt the City Council to add a statement to the effect that there shall be no additional through roads considered which are not indicated' in the policy. Commissioner Bolger seconded the motion, which failed, with Commissioners Laden, Schaefer', King and Zambetti dissenting. Discussion followed on'the first Pier'ce Road Policy, and Commissioner Crowther suggested to modify this policy on page 40 to read: "Collect fees on a per lot basis of those 'n~wly created lots' to establish a fund for improving Pierce Road in a manner that would not significantly alter its character .... ". There was a consensus to request this modification to the Council. CommisSioner King moved to request the City Council to reconsider the entire subject of circulation, particularly with concerns to the public safety and lack of circulation. as being potentially very dangerous in the hillside area. Commissioner Zambetti seconded the motion, which was carried, with Commissioners Bolger and Crowthe. r dissenting. COMMUNICATIONS Oral 1. Chairman Laden thanked Mayor Callon and the Good Government Group for attending the meeting and serving coffee. ADJOURNMENT Commissioner Schaefer moved, seconded by'Commissioner' King, to adjourn the meeting. The motion was carried unanimously, and the meet'ing was adjourned at ].].:58 p.m. ReSpectfully submitted, RSR:.cd