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HomeMy WebLinkAbout10-09-1985 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, October 9, 1985 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Burger, B. Harris, Pines and Siegfried Absent: Commissioners J. Harris and Peterson Minutes Commissioner B. Harris moved to waive the reading of the minutes of September 25, 1985 and approve as distributed. Commissioner Pines seconded the motion, which was carried unanimously. ORAL COMMUNICATIONS - None CONSENT CALENDAR 1. EP-23 - Beatrice and Walter Heintz, 19941 Angus Court, Request for Encroachment Permit to allow a swimming pool to be located in a public utilities easement Commissioner Siegfried moved to'approve the item listed above on the Consent Calendar. Commissioner Pines seconded the motion, which was carried unanimously 4-0. PUBLIC HEARINGS CONSENT CALENDAR 2. A-1045 - A1 Mozaffari, Request for Modification to a previous Mod. Design Review Approval for second-story additions to a new two-story residence on Lot 4, Tract 6665, 14575 Saratoga Heights Court, in the NHR zoning dis- trict 3. SDR-1541 -Carson Heil, Request for a one-year extension to a Tentative Building Site Approval at 14781 Farwell Avenue in the R-1-40,000 zoning district 4. UP-589 - Moreland School District, Request for Use Permit Approval to permit a preschool and private ele- mentary school at 18720 Bucknall Road, in the R-1-10,000 zoning district Item #2, A-1045 Mod., A1 Mozaffari, was removed for discussion. The public hearing was opened on the balance of the items at 7:35 p.m. Commissioner Siegfried moved to close the public hearing. Commissioner B. Harris seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve the balance of the items listed above on the Public Hearings Consent Calendar. Commissioner B. Harris seconded the motion, which was carried unanimously 4-0. Discussion followed on A-1045 Mod., Mozaffari. Commissioner Pines asked how it had been noted that the house has been enlarged over what was approved and asked if the applicant was being required to cut 1-1/2 ft. off of the roof. Staff explained that the item had been brought to their attention during inspection. Planning Commission Page 2 Minutes - Meeting 10/9/85 A-1045 Mod. A1 Mozaffari, the applicant, indicated that the height is still the same as originally designed. He stated that they had lowered the pad 2 ft. to meet the standard. It was explained to Mr. Mozaffari that that does not lower the house. Staff commented that, according to their measurement, the house is actually 28 fto Commissioner Pines indicated that he personally, after an on-site visit, does not have a problem with the height as it is. However, he has a problem with the fact that it was approved at a certain height which was disregarded; Staff is now recommending approval with the condition that the height be reduced, and he wonders if that is even feasible. Discussion followed on measurement of the height. Commissioner Siegfried commented that the height should be verified. Commissioner Pines stated that he feels that, because of the way the house is situated, it does not have any visual impact. He inquired regarding a procedure where the roof heights are checked by the Building Inspector before they get to this stage. Discussion followed on such a procedure and Staff was directed to work with the Building Inspectors relative to it. Commissioner Siegfried suggested approving the project at its existing height, but require the applicant to verify the roof height° He moved to close the public hearing. Commissioner Pines seconded the motion, which was carried unanimously. Commissioner Pines moved to approve A-1045 Mod, A1 Mozaffari, with the condition that the applicant verify the actual roof height. Commissioner Siegfried seconded the motion, which was carried unanimously 4-0. It was clarified that the expense of the field inspection would be paid by the applicant. PUBLIC HEARINGS 5. C-227 - City of Saratoga, Consider Amending Certain Zoning Regulations of the City of Saratoga to change the floor area definition to include all floor area under roof, and to revise the impervious coverage definition; continued from August 28, 1985 (to be continued to October 23, 1985) It was directed that this item be continued to October 23, 1985. 6a. Negative Declaration - SDR-1602 - Tom and Ann Copenhagen 6b. SDR-1602 -Tom and Ann Copenhagen, Request for Tentative Build- 6c. A-1107 - ing Approval for a two (2) lot subdivision of a 14 acre site with an average slope of 31%, and Request for Design Review Approval for a new, two- story, single family residence on lot B in the NHR zoning district at 14440 Pike Road; continued from September 11, 1985 Staff explained the application, noting that the title report had been received from the applicant today. They stated that they were unable to verify whether or not the easements for San Jose Water Company will provide the proposed emergency access over to Saratoga Hills. Therefore, they requested a continuance and suggested that the applicant's engineer meet with the City Engineer on the title report. The public hearing was opened at 7:45 p.m. Tom Copenhagen, the applicant, submitted a grant deed to go along with the title report. Commissioner Siegfried moved to close the public hearing. Commissioner - 2 - Planning Commission Page 3 Minutes - Meeting 10/9/85 SDR-1602 and A-1107 B. Harris seconded the motion, which was carried unanimously. It was directed that this matter be continued to October 23, 1985. 7. A-1101 - Mr. and Mrs. Sudin Vittal, Request for Design Review Approval for a new, two-story, single family resi- dence on a hillside lot which exceeds the 6200 sq. ft. standard at 15265 Montalvo Heights Court in the R-1-40,000 zoning district; continued from September 25, 1985 (to be continued) It was directed that this matter be'continued. 8. A-1126 - Carol and John Fara,'Request for Design Review Approval for a new, one-story, single family resi- dence which exceeds 22 ft. in height at 12385 Parker Ranch Road, in the NHR zoning district; continued from September 25, 1985 Staff explained the project and stated that it had been continued because of concerns over the amount of grading and perception of excessive bulk. They indicated that a revised plan had been submitted at a study session, which reduced the grading. They commented that they are still concerned about the amount of proposed grading. They added that they feel that the previously dumped fill on the site could be removed, and that the new home could be stepped to follow the previously existing grade. They referenced the letter submitted by the applicant addressing the concerns of the Staff Report. Staff stated that they are still recommending denial, since they are unable to make the necessary findings. The proposed grading was discussed. The public hearing was opened at 7:50 p.m. Carol Fara, the applicant, referenced the letter they had submitted and indicated that the San Jose Water Company is still determining the exact depth of their water line on the easement at the rear of their property,. and a letter should be forthcoming. She indicated that the Sanitation Department has no problem with putting fill in the proposed location. She addressed the possibility of stepping the house, indicating that the designer had studied that concept and felt that the grading would not be reduced by doing that. Commissioner B. Harris moved to close the public hearing. Commissioner Pines seconded the motion, which was carried unanimously. Commissioner Siegfried recalled the discussion at the study session, commenting that, because the cut was almost all in the front of the house, there was not much of a reduction in cut by stepping the house or by changing the driveway. He moved to approve A-1126, per the conditions of the Staff Report dated October 2, 1985. He made the following findings: Given the topographic nature of the site with the fill that was on it, while we could perhaps reduce the size of the roof line, we have now balanced the cut and fill, which is an important consideration. He stated that he thinks the applicant has done a good job in t~e-rear of the house in terms of stepping that and helping to preserve a more natural appearance to the rear of the home. He added that, given the screening to the rear and the fact that the pad is 13 ft. below the street level, he does not think that that amount of grading is in fact going to have any significant impact. He commented that he does not think there will be a perception of excessive bulk in this particular house. He added that, by balancing the cut and fill, they have helped to preserve the natural environment, particularly by stepping the fill at the back of the home so there is a much more natural looking slope. Commissioner B. Harris seconded the motion, which was carried unanimously 4-0.' - 3 - Planning Commission Page 4 Minutes -. Meeting 1 5 9a. UP-584 - Bryce. Reynolds, Request for Use Permit Approval to 9b. A-1110 - allow an accessory structure to be located in the required rear yard 31 ft. from the rear property line and Design Review Approval to exceed the 6200 sq. ft. standard at 12182 Parker Ranch Road, in the NHR zoning district; continued from September 25, 1985 Staff described the application, noting that the City Council recently approved the reversion to acreage. Staff stated that they still have concerns that the development is still all on the northern side of the property and that, ~iewed from Farr Ranch, the square footage on the site still appears to be bulky. 'They indicated that they have been unable to make the findings and recommend denial of the use permit and design review. Commissioner Siegfried recalled the discussion at the study session, at which time the Commission had suggested that the applicant revert the other parcel to acreage and there had been a general consensus that the reversion to acreage would allow the Commission a basis to make findings to allow the structure, with conditions for landscaping, etc. (This matter was continued to a later time in the evening after the applicant had arrived). The public hearing was opened at 8:18 p.m. Mr. Reynolds, the applicant, commented that, regarding the height of the structure, the proposed height by the Staff of 10 ft. would make it almost impossible to use the solar panels. He indicated that 12 ft. would be necessary. The proposed landscaping and access were discussed. Commissioner B. Harris moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously° Staff indicated that, since the map has not yet been recorded, they would like a condition added that states that the map shall be recorded prior to issuance of building permit on the structure. Commissioner Siegfried moved to approve UP-584, per the conditions of the Staff Report dated October 2, 1985~ amending condition #2 to read that the structure shall not exceed 12 ft. in height, and adding condition #4, requiring the recordation of the map. He made Findings #1 and #3 on the basis that the reversion of the adjacent site to acreage has been made and that the slope of the land is such that as it rises away from this, in a very short time, with appropriate screening, there will be no perception of bulk or impact on neighbors. Commissioner Pines added that the building will not appear very bulky with the slopes of it and the openings to the greenhouse section. Commissioner Pines seconded the motion, which was carried unanimously 4-0. Commissioner Siegfried moved to approve A-1110, per the conditions of the Staff Report dated October 2, 1985, changing condition #2 to read 12 ft. He stated that he feels the findings can be made on the same basis as those made for the use permit. Commissioner Pines seconded the motion, which was carried unanimously 4-0. 10a. Negative Declaration -SDR-1612 - Morrison & Fox 10b. SDR-1612 -Morrison & Fox, Request for Tentative Building Site 10c. A-1136 - Approval and Design Review Approval for the con- struction of 12 apartment units at 14234 Saratoga- Sunnyvale Road, in the RM-3000 zoning district Staff commented that there had been discussion at the study session of the preliminary plans relative to the height and whether the structure was two or three stories. They stated that, in review of the application, they have determined that the site area is not large enough to accommodate the proposed 12 units. They noted that there is an easement across the property that has not been shown on the plans, and - 4 - Planning Commission Page 5 Minutes - Meeting 10/9/85 SDR-1612 and A-1136 it does need to be deducted from the site area. The City Attorney explained that if there is a road on the property which is beyond the property lines,. that is not usable land. He stated that the City has always deducted any streets that are on the property from the determination of site area. He noted that the City does not count the roads that are within the subdvision. He commented that the instances cited by the applicant are basically situations where there is road leading to one other site, and by definition that is not really a street. Staff stated that the examples provided by the applicant are ones where they provide access for the site; this particular one will provide access for Clarence Neale's parcel to the rear. The public hearing was opened at 8:08 p.m. Dave Morrison, the applicant, discussed the definition of site area in the ordinance, which includes the words "public has a right of access". He stated that his driveway, which is also used by Clarence Neale, is a private deadend, used by the tenants and guests. He added that the public, in no way, has a right of access. Staff noted that the City Council previously had very clearly told them, regarding a site on Sobey Road owned by Mr. Jacobsen, that a private road was one that they felt the public had right of access over. The City Attorney commented that the new code does not contain that qualifying language; it is any street, whether public or private. He added that it does not matter whether it is public or private; we are talking about determining usable land, and if there is street there it is not usable. It was directed that this matter be continued to November 13, 1985. The applicant was requested to submit revised plans for 8 units. 11. V-714 - Ray Haydon, Request for Variance Approval to allow an addition to maintain a 5 ft. side and rear yard setback where 10 ft. is required, to allow an 8 ft. soundwall along the front and side property lines, and to allow a 7.5 ft. wall and gate along the street side at 18621 Kosich Drive in the R-1-10,000 zoning district (to be continued to October 23, 1985) It was directed that this matter be continued to October 23, 1985. COMMUNICATIONS Written 1. Letter from Shelly Williams, dated September 27, 1985, regard- ing Route 85. (Information only) 2. Letter from Bert Martel, dated September 13, 1985, regarding fire protection in San Marcos area. (Note and file) 3. Letter from The Owen Companies, dated September 23, 1985, regarding request for a job trailer. Staff commented that the current ordinance does not allow this use. Discussion followed on the use, and it was noted that if the Commission wishes to add it as a conditional use they can impose conditions to the site. It was the consensus to direct Staff to work with the developer to allow the leasing trailer, with some sort of timeframe, and landscaping and on-site parking provided. Staff was requested to review the location of the trailer. It was directed that the matter will be discussed further at a study session on November 5, 1985. 4. Letter from Richard and Judy Collins, dated October 3, 1985, regarding lofts in single-story residence homes. After discussion it - 5 - Planning Commission Page 6 Minutes - Meeting 10/9/85 Written Communications was the consensus of the CommissiOn to consider allowing lofts to be approved at the Staff level. It was determined that this matter will be included with the Zoning Ordinance revision discussions. Oral by Commission and Staff 1. Commissioner Pines gave a brief report on the City Council meeting held on October 2, 1985. A copy of the minutes of this meeting is available in the City Administration Office. 2. Vice-Chairman Burger thanked the Saratoga News for attending the meeting and the Good Government Group for attending and serving coffee. ADJOURNMENT Commissioner Siegfried moved to adjourn the meeting. Commissioner Pines seconded the motion, which was carried unanimously. The meeting was adjourned at 8:53 p.m. h k Robert S. S oo Secretary RSS:cd - 6 -