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HomeMy WebLinkAbout03-12-1986 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, March 12, 1986 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners Burger, Harris, Peterson and Siegfried Absent: Commissioners Guch and Pines (attending Planning Commis- sioners Institute in San.Diego) Minutes The following changes were made to the minutes of February 26, 1986: On page 2, "west of Comer" should be added to the second sentence of the tenth paragraph. On page 4, the first sentence in the fifth paragraph should read "Commissioner Burger stated that she was reluctant to accept the statement that it was impossible to modify the design of the home...". Add "which is too high and vertically designed" to the sixth paragraph. In the last paragraph "main home site" should read "preferred higher home site". On page '5, add "to clarify that water would continue to be pumped to the tank from the main water line if the sprinkler system was being operated" to the second paragraph. HARRIS/BURGER MOVED TO WAIVE READING AND APPROVE AS AMENDED. Passed 4- 0. ORAL COMMUNICATIONS - None CONSENT CALENDAR la. Negative Declaration - SM-23 - Mauldin lb. SM-23 - Carol & Mike Mauldin, request for site modification approval to allow construction of a pool, deck, ga- zebo, lawn and pathway where the slope exceeds 10% at 15435 Bohlman Road Staff suggested that Condition #2 reflect the City Geologist's report dated 3-10-86. SIEGFRIED/BURGER MOVED TO APPROVE NEGATIVE DECLARATION FOR SM-23. Passed 4-0. SIEGFRIED/BURGER MOVED TO APPROVE SM-23, with Condition #2 referencing the City Geologist's report. Passed 4-0. PUBLIC HEARINGS CONSENT CALENDAR 2. A-1171 - C & W Associates, request for design review approval for a new single story residence that exceeds the floor area standard for the zoning district at Tract No. 7798, Lot 8, Montpere Way 3a. Negative Declaration - GPA-86-2 - Osterlund Enterprises 3b. C-230 - Osterlund Enterprises, Jack & Margaret Smith, ~equest 3c. LL-12 - General Plan amendment, zoning change and lot line adjustment to permit the addition of a 3,652 sq. ft. parcel presently zoned R-1-12,500 with a General Plan designation of M-12.5 to a developed lot which is zoned R-1-10,000 with a General Plan designation of M- 10; the 3,652 sq. ft. parcel will be taken from lot 1, Tr. 7499, Herriman Ave. and added to 13881 River Ranch Circle. Both parcels will not be zoned and General Planned R-1-10,000 and M-10 4. SD-1356 - Anthony Cocciardi, request for one year extension for a tentative building site approval for 23 lots on a 43.19 acre site in the NHR zoning district at Mt. Eden Road Planning Commission Page 2 Minutes - Meeting 3/12/86 5. SD-1368 - Allen Chadwick & Anthony Cocciardi, request for a one year extension for a tentative building site approval for 11 lots on a 51.5 acre site in the NHR zoning district at the ends of Old Oak & Chiquita Ways 6. UP-597 - Mr. & Mrs. A. Philip Bray, request for use permit approval to allow a "Decorator Showcase" sponsored by the San Jose Symphony Auxiliary and Assoc. to be held from Apr. 26, 1986 to May 26, 1986 at 21459 Saratoga Hills Rd. All of the above items were removed for discussion. The public hearing was opened on #2, A-1171, C & W Associates, at 7:42 p.m. Dale Drumm, 18395 Montpere Way, expressed the following concerns: (1) The home is over the 3500 sq. ft., possibly establishing a precedent for the other homes in the subdivision, (2) exterior architecture and color of the project and (3) lack of landscaping between the subdivision and the adjacent homes. Commissioner Burger gave a Land Use Committee Report, pointing out that there is a condition for screening along the northerly property line in the staff report. She described the trees on the site and suggested adding a condition for landscaping on the southerly property line. Discussion followed on the color, with Mr. Drumm indicating that the adjacent homes are of an earthtone color. The method of calculation for the square footage was explained to Mr. Drumm. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. It was suggested that a condition be added to read that the color shall be earthtone, with samples to be submitted to Staff for approval. HARRIS/BURGER MOVED TO APPROVE A-1171 per the staff report dated March 3, 1986, with the added conditions regarding landscaping on the southerly property line and the exterior color. Passed 4-0. Discussion followed on #3, LL-12, GPA-86-2 and C-230, Osterlund Enterprises. Staff explained that the City is only allowed four changes to the General Plan in one year, and therefore suggested holding up the General Plan amendment and the zoning change until June. They suggested that the Commission act on the lot line adjustment and recommend to the City Council that the amendment and zoning change be approved in June. The City Attorney explained that a new process is being contemplated whereby General Plan amendments will be acted upon on a quarterly basis. The public hearing was opened at 7:50 p.m. The staff recommendation was explained to Bill Heiss, the civil engineer for the project. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. HARRIS/BURGER MOVED TO APPROVE THE NEGATIVE DECLARATION FOR LL-12. Passed 4-0. HARRIS/BURGER MOVED TO APPROVE LL-12 per the staff report dated 3-4-86. Passed 4-0. HARRIS/BURGER MOVED TO RECOMMEND APPROVAL OF GPA-86-2 AND C-230, to be acted upon by the City Council in June. Carried 4-0. The public hearing was opened on #4, SD-1356, Anthony Cocciardi, at 7:53 p.m. Wihelm Kohler, 21842 Via Regina, submitted a letter with pictures, expressing concern regarding a canyon that has been created from the rains, through which the creek flows. He explained that this canyon goes through proposed lot 19 of this development. He commented that the topography of the land has completely changed since the EIR, and it - 2 - Planning Commission '> Page 3 Minutes - Meeting 2/12/86 SD-1356 should be amended before any extension is granted to this development. He inquired about the calculation of the density of this development. George Tobin, representing the applicants on SD-1356 and SD-1368, addressed the lawsuits regarding these applications. He commented that they have been meeting with people regarding the Quarry Road/Quarry Creek problem. He indicated that geotechnical reports have been made on this subject. The City Attorney indicated that there has been a settlement worked out in concept with the developer on both of these subdivisions, which does involve a very major repair project of the Quarry Road/Quarry Creek situation. He commented that, relative to Mr. Kohler's comments, where there have been changes in the conditions of the site, staff has requested additional geotechnical work. He stated that he feels the extensions of these tentative maps are necessary to keep the discussions alive because they are based on these subdivisions making substantial contributions to the cost of the repair project. Dora Grens, 13451 Old Oak Way, concurred with Mr. Kohler that a closer look should be taken at the condition in the quarry and commented that another look should also be taken at these developments. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. At Commissioner Harris' inquiry, the City Attorney commented that the discussions have been going on for over two years. He added that it is all keyed to this project in terms of the contribution which is going to benefit the entire Quarry Road,.Vaquero Court and Old Oak area. He added that if there is concern relative to individual lots, they can be handled at the time. However, without the project approval obviously the owners of that property have no inducement to contribute substantial sums of money towards improvements which are not on the property. He stated that at the moment the road has substantially deteriorated; half of it is done, and Quarry Creek is causing further erosion to the road. After further discussion of the extension BURGER/SIEGFRIED MOVED TO APPROVE A ONE-YEAR EXTENSION FOR SD-1356~ Passed 4-0. Commissioner Siegfried'commented that he voted for it not only because extensions have been a ministerial function, but he does not think it is in the interest of anybody to have it denied and have Mr. Cocciardi choose not to develop that property in some foreseeable future, because there is a major problem there. Commissioner Harris stated that, after hearing the City Attorney's comments, she concurred. The public hearing was opened at 8:15 p.m. on #5, SD-1368, Chadwick and Cocciardi. Dora Grens reiterated her concerns relative to clear guidelines for acceptable drainage on these projects. BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. SIEGFRIED/BURGER MOVED TO APPROVE A ONE-YEAR EXTENSION FOR SD-1368, Passed 4-0. Commissioner Siegfried noted the improved requirements for drainage and geotechnical reports for current subdivisions. The public hearing was opened on #6, UP-597, Philip Bray, at 8:20 p.m. Ida Drews, President of the San Jose Symphony Auxiliary, asked that the date'of the approval be from April 25, 1986, to allow a celebration for the designers. BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. BURGER/SIEGFRIED MOVED TO APPROVE UP-597, changing the opening date to April 25, 1986. Passed 4-0. - 3 - 'Planning Commission Page 4 Minutes - Meeting 3/12/86 PUBLIC HEARINGS 7a. Negative Declaration - Kemp Carter - SM-22 7b. V-715 - Kemp Carter, request for variance approval for an ex- isting 10 ft. high handball wall with 3 ft. high basketball backboard extension (total 13 ft. height) located within the required side yard where 6 ft. is the maximum wall height allowed, and to permit a new recreational court with 10 ft. high fencing with no side yard setback where 20 ft. minimum setback is required, and site modification approval for the recreational court to be on a slope which exceeds 10% at 19306 Pinnacle Court, in the R-1-40,000 zon- ing district; continued from 12/11/85 It was directed that this matter be agendized for a study session on April 15, 1986 and the regular meeting of April 23, 1986. 8a. Negative Declaration - V-717 - Carol Mauldin 8b. UP-598 - Carol Mauldin, request for use permit approval to 8c. V-717 permit an office use and to permit an underground parking addition to an existing structure which will increase the height of the building to 27.5 ft. which will exceed the maximum height limit of 20 ft., to maintain existing setbacks of 8 in. in the front, 2 ft. on the right side and 6in. in the rear where 15 ft., 16.8 ft. and 36.7 ft., respectively, are required, and a variance approval to allow minimal landscaping where a landscaped area not less than 10 ft. in depth is required along the property line that abuts the street, and to allow two parking spaces which are substandard in width where four parking spaces are required for the conversion of a single family residence to an office use at 14650 6th St.; continued from 2/12/86 Staff explained the application and background of the project. Commissioner Burger gave a Land Use Committee Report, describing the uses in the area. She commented that it appears that a sidewalk would eliminate the possibility of on-street parking and it would also leave the front of the home bare of any landscaping. The public hearing was opened at 8:30 p.m. David Smith, the architect, gave a presentation on the project. He addressed the oak tree on site. He commented that he feels that landscaping would be better than a sidewalk. SIEGFRIED/HARRIS MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. Discussion followed on the uses and the zoning. HARRIS/SIEGFRIED MOVED TO APPROVE THE NEGATIVE DECLARATION FOR V-717. Passed 4-0. HARRIS/SIEGFRIED MOVED TO APPROVE UP-538 per the staff report dated 3-6- 86, changing the condition to read that landscaping shall be provided instead of a sidewalk, and the applicant shall enter into a Deferred Improvement Agreement for a sidewalk if it is determined in the future that it is required. Passed 4-0. HARRIS/SIEGFRIED MOVED TO APPROVE V-717 to allow minimal landscaping where a landscaped area not less than 10 ft. in depth is required along the property line that abuts the street. Passed 4-0. SIEGFRIED/HARRIS MOVED TO DENY V-717 to allow two parking spaces which are substandard in width where four parking spaces are required and to allow no landscape strip in front of the parking area where a minimum 5 ft. strip is required. Passed 4-0. - 4 - ,Planning Commission / Page 5 Minutes - Meeting 3/12/86 9a. V-725 - PMS Mangement, request for variance and sign permit 9b. SC-2 - approvals to permit a 24 sq. ft. freestanding sign in addition to approximately 17 sq. ft. of signage which already exists for the Saratoga Walk-In Clinic. The proposed sign is not in conformance with the previously approved Sign Program, exceeds the total square footage allowed for signage and does not meet the required 20 Saratoga-Sunnyvale Rd.;continued from 2/12/86 (con- tinued to 3/26/86) It was directed that this matter be continued to March 26, 1986. 10. A-1157 - Gerald Butler, request for design review approval to construct a two-story, single family residence which exceeds the allowable floor area standard on Lot 5 of Tr. 6732 on Montalvo Heights Ct.; cont. from 2/26/86 Staff stated that the applicant has moved the house and has submitted new plans with revised grading figures. They indicated that the current proposal will appear more massive and bulky, even given the new setback. They recommended denial of the revised plans and recommended approval of the original submittal. Commissioner Burger gave a Land Use Committee Report. The public hearing was opened at 8:41 p.m. Jerry Butler, the applicant, described the project, commenting that the Montalvo Heights Architectural Board has approved the current proposal. Jack Christian, representing the Montalvo-Mendelsohn Homeowners, stated that they have no problem with the design. He added that, however, they are concerned with the precedent that might be set. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING. Passed 4-0. Discussion followed on the height of the home. Mr. Butler stated that he puts 3-4 ft. of crawl space under a house, which is included in staff's calculations. Commissioner Siegfried asked Mr. Butler if there was anything that he could do in the design of the home, i.e. drop the roof line, to reduce the height of the home. Mr. Butler indicated that he felt it would be difficult to do that with the design of this home. Discussion followed on the revised plan. It was noted that with the revised location the home will be sitting on the rear yard setback line. Discussion followed on this home in relationship to the other homes in the area. BURGER/HARRIS MOVED TO DENY THE REQUEST FOR REVISING THE LOCATION OF A- 1157. Passed 4-0. The original plan was discussed and SIEGFRIED/BURGER MOVED TO APPROVE A- 1157 IN ITS ORIGINAL LOCATION, with Condition #1 changed to read 6512 sq. ft. Passed 3-1 (Peterson opposed). Commissioner Peterson stated that he felt this was a case in point to have the height limit in the City at 26 ft. and require the applicant to make the findings to go to 30 ft. The appeal period was noted. lla. Negative Declaration - SM-28 - Richard Geno llb. SM-28 - Richard Geno, request for site modification approval for grading and retaining walls on a slope greater than 10% and for swimming pool location at 21449 Tollgate Rd. Staff explained the application and the background of the project. It was noted that correspondence had been received from the neighbor, requesting retention of the pine trees and allowance of a retaining wall greater than 5 ft. Staff indicated that the allowance of a wall greater " P.lanming Commission ~' Page 6 · ~4inutes - Meeting 3/12/86 SM-28 than 5 ft. would require a change in the subdivision approval. They recommended denial of the site modification because of the excessive grading, the removal of the trees, and other potential pool locations. Commissioner Burger gave a Land Use Committee Report, describing the site. Commissioner Siegfried commented that he would listen to the applicant's presentation; however, he cannot envision that there is anything that the applicant can say that would cause him to vote in favor of cutting into that hill any further. The public hearing was opened at 8:58 p.m. Richard Geno, the applicant, addressed the grading and the retaining walls. Jeff Beam, the engineer, discussed the original design and grading plan. He indicated that they had not realized that the property line was on the other side of the Monterey Pine trees. He commented that when the error was determined, the 9-10 ft. vertical cut that had been expected turned out to be 12 ft. He discussed the proposed grading and retaining wall, indicating that the pine trees will not be saved. Commissioner Siegfried noted that when the Commission were out on the site there was no conception that the trees would be affected by any grading. He asked what could be done now to save the trees. Mr. Beam replied that the wall could be raised or moved and the pool moved, or the area regraded. Mr. Geno discussed the trees on site and submitted pictures of them. He also addressed the proposed landscaping. Commissioner Siegfried pointed out that, in voting to approve the design of Mr. Geno's home, one of the things that he considered was the fact that there is some fairly effective screening there at this point and time from the trees. He stated that he feels the applicant should come up with a way to keep that screening there and not take it down and let several years go by before something will take its place. Commissioner Burger referenced Mrs. Miller's letter, which indicates that the presently proposed pool location would provide greater privacy for her and the Genos than the pool location suggested by staff. Dorothy Miller discussed the pine trees, which had been planted for a wind break. She indicated that they would give privacy to both her and the applicant. She stated that the location suggested by staff for the pool would be closer to her home. Commissioner Siegfried suggested exploring an alternative without moving the pool, which may possibly mean a somewhat higher retaining wall which will for a period of time retain the pine trees while other landscaping is growing. Staff pointed out that it is a condition of the subdivision that the wall be no higher than 5 ft. Discussion followed on the wall, and it was noted that it is behind the applicant's house and is not visible; it is beneficial to the neighbors, and retains the trees. .A process for modifying the condition was discussed, and the City Attorney stated that he would like to confer with staff relative to the noticing and nature of the application. Mr. Geno suggested a compromise of raising the wall a couple of feet and partial grading that would not remove the trees. It was determined to continue the item in order to resolve some compromise. It was directed that the matter be continued to the meeting of March 26, 1986. It was noted that if a public notice is required the matter will be continued to the meeting of April 9, 1986. 12. V-727 - Thomas & Holly Davies, request variance approval for single-story additions to an existing residence to maintain a 7.5 ft. exterior yard setback where 25 ft. is required at 14478 Oak P1. (to be continued to 3/26/86) It was directed that this matter be continued to March 26, 1986. ~lanning Commission Page 7 Minutes - Meeting 3/12/86 COMMUNICATIONS Written 1. Letter from Los Gatos Landscaping dated February 25, 1986 regarding S.M. Kadas on Bankmill Road. Referred to Committee-of-Whole discussion on Zoning Ordinance on 3/18/86. Oral by Commission 1. Chairman Peterson thanked the Saratoga News for attending the meeting and the Good Government Group for attending and serving coffee. ADJOURNMENT SIEGFRIED/HARRIS MOVED TO ADJOURN. Passed 4-0. The meeting was adjourned at 9:27 p.m. spe. tfu .}ly submitted, C~chuek Hsia Secretary YH:cd