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HomeMy WebLinkAbout07-13-1988 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: July 13, 1988 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Present: Chairwoman Guch, Commissioners Burger, Harris, Tucker, Kolstad, Tappan. Commissioner Siegfried absent. Approval of Minutes: Meeting of June 29, 1988 Commissioner Harris asked that Motion on Item 4 read, "Harris/Tucker moved approval..." Commissioner Burger asked that Page 4 be amended to read, "Mr. John Young" HARRIS/BURGER MOVED APPROVAL OF MINUTES OF JUNE 29, 1988, AS AMEND- ED. Passed 4-0-1, Chairwoman Guch abstaining. ORAL COMMUNICATIQNS: None. REPORT OF CLERK ON PQSTING OF AGENDA; Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on July 8, 1988. Technical Con'ections to the Agenda: Planner Caldwell noted in Application DR-88-031, Setbacks, Rear: 20 ft., Exterior Side 25 ft. In the same Application, 3. Pool location: be amended to read, "approximately 400 cu. yds..." PUBLIC HEARINGS CQNSENT CALENDAR; 1. DR-88-046 O'Dell, 21363 Saratoga Hills Road, request for design review approval of plans to construct a 1,943 :sq. ft. second story addition and add 878 sq. ft. to the first floor of an existing single family home in the R-I-40,000 zoning district per Chapter 15 of the City Code. Continued to July 27, 1988 for further information. 2. Dr-88-012 Sun, 12502 Parker Ranch. Ct., request for design review and variance V-88-005 approval to allow the construction of a new 5,521 sq. ft. two-story single family home, 29.5 ft. in height with 20 ft. west side setback, where only 4,440 sq. ft. floor area and 26 ft. height are allowed and 26 ft. side setback is required. A variance is also requested to allow the construction of the home on 35% slope at the building site in lieu of 30% allowed by the City Code. The home is located in the NHR zoning ... district. Continued to July 27, 1988, at the request of the applicant. . ~. ~. 3. DR-88-027 Walker, 12469 Lolly Ct., request for design review approval for a new 1,111 sq. ft. first and second story addition to an existing one-story single family dwelling, per Section 15-45.060 (a) (2) of the City Code. The total proposed floor area is 3,366 sq. ft. The home is located in the R-l-10,000 zoning district. Continued to August 10, 1988 at the request of the applicant. 4. UP-88-010 Cupertino Union School District/Primary Plus, 12211 Titus Ave., request for use permit approval of plans to provide child care services to approximately 350 children at the Hansen School site located in the R-1-10,000 zoning district.per Chapter 15 of the City Code. A Negative Declaration has been prepared. Continued to August 10, 1988. PLANNING COMMISSION MEETING Page 2 JULY 13, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued 5. DR-88-037 Brown, 14158 Dorene Ct., request for design review approval of plans to construct a new 4,673 sq..ft. two-story residence in the NHR zoning district per Chapter 15 of the City Code. 6. DR-88-030 Sinsley, 12496 Parker Ranch Road, request for design review approval of plans to construct a new 5,972 sq. ft. two-story home in the NHR zoning district per Chapter 15 of the City Code. 7. SM-88-010 O'Gara, 13911 Damon Ln,, request for site modification approval to construct a pool on a 1.13 acre parcel with an average site slope of 11% in the NHR zoning disu'ict per.Chapter 14 of the City Code. 8. DR-88-006 Campbell, 12693 Star Ridge Ct., request for design review approval of a new 4,725 sq. ft., two-story home in the NHR zoning district. Continued from June 22, 1988. 9. 434 A Grossmans, Inc., 12297 Saratoga-Sunnyvale Rd., request for a sign permit to replace an existing sign by a new illuminated sign of similar size and at the same location. The lot is located in the C-V zoning district. 10. LL-88-005 Cicero, 14315, 14345 Paul Ave., request for a lot line adjustment to establish a 6 ft. sideyard setback for the existing residence located at 14315 Paul Ave., in the R-l-10,000 zone. 11. LL-88-004 Behnke, 14655 Oak St., request for lot line adjustment to transfer approximately 1,343 sq. ft. between two parcels to allow the construction of a greenhouse in the RM-3,000 zoning district. 12. DR-88-025 Katz, 14272 Saratoga Ave., request for design review approval of a two- story addition to an existing. one-story single family home per Chapter 15 of the City Code. The total floor area proposed is 2,649 sq. ft. (876 sq. ft. addition). The home is located in the R-l-10,000 zoning district. 13. DR-88-042 Lohr, 14660 Chester Ave., request for design review approval for a new 5,092 sq. ft. two-story single family home in the R-1-40,000 zoning district per Section 15-45.060 of the City Code. Chairwoman Guch noted that Consent Calendar Items 1 through 4 were being Continued. Commissioner Harris asked that Items 5 and 6 be removed from Consent Calendar. Commissioner Burger asked that Item 9 be removed from Public Hearings Consent Calendar. HARRIS/TUCKER MOVED APPROVAL OF CONSENT CALENDAR ITEMS 7, 8, 10, 11, 12, 13. Passed 6-0. 5. DR-88-037 Brown, 14158 Dorene Ct., request for design review approval of plans to construct a new 4,673 sq. ft. two-story residence in the NHR zoning district per Chapter 15 of the City Code. Planner Caldwell reviewed the Report to the Planning Commission, July 13, 1988. Commissioner Harris noted concern regarding the sparse landscaping on the rear elevation shown on drawings. Consensus reached that Condition 10 be subject to Staff approval. The Public Hearing was opened at 7:40 P.M. There were no speakers. HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 7:40 P.M. Passed 6-0. BURGER/KOLSTAD MOVED APPROVAL OF DR-88-037 PER THE MODEL RESOLU- TION, CONDITION 10 AMENDED TO, "SUBJECT TO STAFF APPROVAL." Passed 6-0. 6. DR-88-030 Sinsley, 12496 Parker Ranch Road, request for design review approval of plans to construct a new 5,972 sq. ft. two-story home in the NHR zoning district per Chapter 15 of the City Code. Commissioner Tucker reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission, July 13, 1988. PLANNING COMMISSION MEETING Page JULY 13, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued Commissioner Harris did not object to this proposal due to the large size and isolation of adjacent homes; however, a 25% increase over that allowed was being requested. She questioned whether such was the Commission's intent in allowing an increase in size in consideration of an open space easement and whether precedent would be set. The Public Hearing was opened at 7:45 P.M. Mr. Wendall Roscoe, Applicant, stated that his intent was to blend the house with the hillside so as not to impact the neighbor's view; the garage was to be set into the hill. Chairwoman Guch had difficulty making a Finding of preservation of the natural topography; Mr. Roscoe responded that almost all of the cut would be made to accommodate the garage. He noted the advantage to an adjacent site in "burying" the garage and added that such would create a yard/play area for the owners of this house. BURGER/KOLSTAD MOVED TO CLOSE PUBLIC HEARINGS AT 7:50 P.M. Passed 6-0. Commissioner Harris shared the concern on extensive grading and questioned whether fill would be placed next to the garage. Mr. Roscoe provided information requested. Commissioner Kolstad commented as follows: - Was not concerned about the cut proposed and favored setting the garage into the hillside - Did not feel the cut was excessive and noted that the lot was not flat - Did not object to the square footage allowed in consideration of the open space easement - Felt that the 98 ft. by 35 ft. dimensions of the house was relatively small Commissioner Tappan noted that the 1,454 sq. ft. increase in allowable floor area was sizable. Commissioner Tucker cited an example of a property wherein an open space easement did not benefit the streetscape view; however, frontage proposed on this site was sufficient. Commissioner Burger commented as follows: Concerned about both the grading and square footage proposed However, she concurred that there was insufficient flat area on the site Grading/cut was a trade off; without such structures would protrude into the view line Setting the structures into the hill would blend '.structures into the hillside Would not vote in favor of this Application without a reduction of 500-600 sq. ft. Cited concern on the proposed 1/3 increase over the allowable floor area Recognition of open space resulting in a 30% increase in square footage would use it up Commissioners Tucker and Tappan were favorable to a continuance with a Study Session; Commissioner Kolstad did not feel that such was necessary; however, he did not oppose such. Commissioners Burger asked that the square footage be reduced. Commissioner Harris asked square footage be reduced 10-15% of that proposed with further consideration be given to reduction in the amount .of cut. Commissioner Tappan was not necessarily in favor of a reduction of square footage; however, he favored continuance of the Application in order to study the proposal further. Mr. Roscoe invited the Commissions to meet with him on the site for an explanation of such. BURGER/HARRIS MOVED TO CONTINUE DR-88-030 TO AUGUST 24, 1988, WITH A STUDY SESSION TO BE HELD JULY 19, 1988. Passed 6-0. 9. 434A Grossmans, Inc., 12297 Saratoga-Sunnyvale Rd., request for a sign permit to replace an existing sign by a new illuminated sign of similar size and at the same location. The lot is located in the C-V zoning district. ................................................... - ..................................................... Planner Caldwell reviewed the Report of the Planning Commission, July 13, 1988. Commissioner Burger noted concern regarding the proliferation of signs in the area. Commissioner Tappan questioned the amount of illumination proposed. The Public Hearing was opened at 8:16 P.M. PLANNING COMMISSION MEETING Page 4 JULY 13, 1988 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Craig, Cal-Neon Signs, confirmed that the interior illumination proposed was not a neon sign; Applicants were agreeable to limiting sign lighting to the hours of operation. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:18 P.M. Passed 6-0. GUCH/BURGER MOVED APPROVAL OF 434A, SIGN PERMIT BY MINUTE MOTION, RESTRICTING THE ILLUMINATION OF THE SIGN TO THE HOURS OF OPERATION. Commissioner Burger objected to illuminated signs of any kind and cited a proliferation of signs on Saratoga-Sunnyvale Rd. If illumination were restricted to hours of operation and were not neon, she would vote in favor of the Application. The Chair called for a vote on the Motion. Passed 4-2, Commissioners Harris, Tucker dissenting. PUBLIC HEARINGS: 14. A-1211.2 Butler, 15222 Montalvo Heights Ct., request for one-year extension of time to complete requirements of design review to construct a new 5,961 sq. ft. two-story home in the R-l-40,000 zoning district per Chapter 15 of the City Code. Planner Caldwell reviewed the Report to the Planning Commission, July 13, 1988. Commissioner Kolstad stated that it appeared that fill had been added to the property. The Public Hearing was opened at 8:25 P.M. There were no speakers. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:25 P.M. Passed 6-0. Planner Caldwell, responding to Commissioner Kolstad stated that Staff would assure that a Civil Engineer certified the finished floor at 612 ft. and the pad at 610 ft. per the original plans. HARRIS/KOLSTAD MOVED APPROVAL OF A-1211.2 PER THE MODEL RESOLUTION SUBJECT TO SUBMISSION OF REVISED PLANS SHOWING A HEIGHT OF 26 FT. Planner Caldwell asked that a Condition 12 be added as stated in the Motion. HARRIS/KOLSTAD MOVED TO AMEND THE MOTION ADDING A CONDITION 12. TO READ, "A CIVIL ENGINEER SHALL CERTIFY THE PAD ELEVATIONS AND THE FIN- ISHED FLOOR." Passed 5-1, Commissioner K01stad dissenting. 15. DR-88-031 Blackwell/Bean, 21642 Picea Ct., request for design review and variance V-88-015 approvals of plans to construct a new 5,737 sq. ft. one-story residence where a 4,518 sq. ft. home is permitted in the NHR zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission, July 13, 1988. The City Attorney stated that the Ordinance would not allow consideration of open space separated from the property in question. The Public Hearing was opened at 8:40 P.M. Mr. William Bean, Applicant, commented as follows: - Neither the Commission nor Applicant wanted. a two-story home towering on a small knoll - Reducing the knoll by 2 ft. would allow a one story house to be nestled in the trees - It was his understanding that the only separation between his property and the open space easement was the property line; the road in question was a private roadway - Only 9 of 45 Oak trees would be removed; Applicant offered to replace any trees removed - Questioned the 37% Average Site Slope listed in the Staff Report - Requested some consideration for the nearby open space easement even if the amount requested could not be granted - Noted the reductions already made to the proposed house; considering the land costs involved, the house could not be made smaller. PLANNING COMMISSION MEETING Page 5 JULY 13, 1988 PUBLIC HEARINGS Continued HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:59 P.M. Passed 6-0. Commissioner Harris commented as follows: - Felt that alternatives existed to placing a two-story house on top of the knoll - Concurred with Staff Recommendation and could not make the Variance Findings - Unusual circumstance did not exist; the property could be built on within the confines of the Design Review Ordinance - Objected to the proposed removal of 9 Oak trees; suggested consideration of a reduction of the proposed house which may save some of these trees Commissioner Kolstad was not convinced that this proposal was the best plan for the lot; he was concerned about the amount of grading proposed and agreed that the house was too large. Commissioner Burger concurred and requested a reduction in the depth of the cut which would save some of the Oak trees; in addition, she asked that the square footage be reduced. Chairwoman Guch agreed with the above comments; she could not make a Finding Of pres- ervation of the natural landscape due to the proposed removal of the top of the knoll nor was there exceptional circumstance to support the Variance request. HARRIS/TUCKER MOVED TO DENY V-88-015. Split 3-3, Commissioners Burger, Kolstad, Tappan dissenting. BURGER/KOLSTAD MOVED TO DENY WITHOUT PREJUDICE V-88-015. Passed 5-1, Commissioner Harris dissenting. BURGER/KOLSTAD MOVED TO DENY WITHOUT PREJUDICE DR-88-031. Passed 6-0. Break: 9:10 - 9:21 P.M. : 16. V-88-009 Olsen, 14470 Fruitvale Aye., request for variance approval of the request to continue to keep a horse on a 30,275 sq. ft. (net) lot in the R-I-40,000 zoning district per Chapter 15 of the City Code. The property is located in an equestrian zone where 40,000 sq. ft. is the minimum net site area required for the keeping of horses. Commissioner Burger reported on the land use visit. Planner Caldwell reviewed the Report to the Plan.ning Commission, July 13, 1988. The City Attorney suggested consideration of amending Condition 4 to read, "Variance is valid only for the current owner and will be void upon a transfer of title 'or upon removal of the pony in question from the site."' The Public Hearing was opened at 9:30 P.M. Ms. Jeanne Olsen, Applicant, commented as follows: Did not wish to be granted a Variance but rather wished a horse permit She resided in an equestrian zone in an R-I-40,000 area which permitted two horses The property, in excess of 36,000 sq. ft., had been reduced by a right-of-way Assurances had been given by the City that the property would be considered R-I-40,000 Purchased property on condition that a horse permit could be obtained; an affidavit from the former property owner attested to the fact that a horse permit had been obtained in 1974 Obtained a permit in her name in 1976; however, her copy or the City's could be found Reiterated her request for a horse permit, not a variance The City Attorney noted that Application had been made and was before the Commission; he advised the Commission to take action on this Item. Ms. Jan Martell, Fruitvale Ave., Saratoga, had no complaints about the horse; complaint was made by an individual who violated other City Ordinances. She felt that there had been another public hearing on this same issue. Mr. Bert Martell, 14420 Fruitvale Ave., Saratoga, read a prepared statement dated July 6, 1988 requesting that the horse be allowed on the property in question. PLANNING COMMISSION MEETING Page JULY 13, 1988 PUBLIC HEARINGS Continued Mrs. Ralph Costello, 14450 Fruitvale Ave., Saratoga, was favorable to the request made. HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 9:40 P.M. Passed 6-0. The City Attorney noted that any agreement that the property be considered R-l- 40,000 after the road improvement, was made before current Staff was employed; there was no record of such an agreement. He invited the Applicant to provide documentation; in the absence of such, he advised the Commission to proceed with the Variance Application. Ms. Olsen, being recognized by the Chair, reviewed conversations with the City and noted the cost of the Variance; she reiterated her objections .to being required to obtain such. Commissioners Harris expressed surprise that no' City record existed of agreements made with property owners when San Marcos Rd. was widened. Commissioner Burger suggested continuance in order to f'md a copy of the horse permit issued; Planner Caidwell noted that Staff diligently researched any record of issuance of a horse permit however, the issue of condemnation was not discussed until this hearing. Chairwoman Guch stated that the Commission was asking that a search be done for any agree- ment made with property owners during condemnation for the San Marcos Rd. widening. The City Attorney requested a case number and date of a condemnation agreement from the Applicant or other property owner involved; court files could then be reviewed. If the City determined that a Variance was unnecessary, Staff would recommend that fees be refunded. Commissioner Harris questioned the approach taken on this request; property owners in this district had a right to maintain horses on site. She objected to restrictions placed on the Variance; the zoning itself precluded limitations of this kind. Chairwoman Guch was appalled at this situation; 'Applicant had every right to maintain a horse on the property. Consensus reached that Variance conditions be removed. BURGER/TUCKER MOVED APPROVAL OF V-88-009, REMOVING CONDITIONS OF APPROVAL. Passed 6-0. 17. DR-88-035 Krueger, 20881 Canyon view Dr., request for design review approval V-88-010 for a new 3,857 sq. ft. two-story single family dwelling in the R-I- 40,000 zoning district. Variance approval is requested to construct the home on a 31.2% slope at the building site, where 30% is the maximum allowed. A second variance, to allow 3 17 sq. ft. in excess of the 3,540 sq. ft. allowable floor area, is also requested, per Section 15-14 of the City Code. Commissioner Tucker reported on the land use visit. Planner Caldwell reviewed the Report to the Planning Commission, July 13, 1988, and intro- duced letters from the following individuals objecting to the Variance: - Ramon Abascal, 20900 Canyon View Dr., Saratoga, dated July 10, 1988 - Marjorie Foote, 20910 Canyon View Dr., Saratoga, dated July 12, 1988 - William R. Swain, 20915 Sullivan Way, Saratoga, dated July 9, 1988 - Lois Cockshaw, 20995 Canyon View Dr., Saratoga, dated July 4, 1988 The Public Heating was opened at 10:02 P.M. Mr. Donald Krueger, Applicant, presented a scale model of the house/lot, site photographs and a written statement addressing the efforts to conform the house to slope of the lot, dimensions of the structure, making of required Variance Findings and response to neighbors concerni. Mr. Dave Pruitt, Designer, commented as follows: - Reviewed design changes in the roof line which reduced the perception of bulk Stated that landscaping had been added to soften the appearance of the house Height of entry way, perception of excessive bulk: confirmed that the Applicants did not intend to enclose the area PLANNING COMMISSION MEETING · Page 7 JULY 13, 1988 PUBLIC HEARINGS Continued Mr. Emil Kissel, 21154 Sullivan Way, Saratoga, called attention to his letter of July 1, 1988. He added his concern regarding potential liability of the City for the mud slides in the area; such would be increased by further cuts into the hillside. Pictures were presented. Mr. W. R. Swain, 20915 Sullivan Way, Saratoga, called attention to his letter of July 9, 1988, and presented pictures showing erosion in the area. Mr. Gordon R. Norris, 20880 Canyon View Dr., Saratoga, was concerned about slippage/ mud slides on the hill. Ms. Ann Worobey, 20895 Canyon View Dr., Saratoga, called attention to her letter in which she contended that the property in question was too unstable and too steep to build on. Ms. Suzanne Armbmster, 21169 Canyon View' Dr., Saratoga, commented as follows: Reviewed the zoning history of the Canyon View Drive area; residents of unzoned lots insisted on an R- 1-40,000 zoning designation to prevent further subdivision of the area The proposed two-story structure would obstruct views of existing residences Asked that restrictions on size and height be imposed on homes in the area Mr. Edwin Law, 20867 Canyon View Dr., S~iratoga, concurred that slippage/mud slides occurred in the area and presented pictures of resulting damage to property. Ms. Lois Cockshaw, 20995 Canyon View Dr., Saratoga, questioned City restrictions on slope development; the City Attorney provided information requested. Mr. Pruitt assured residents that the Applicant would take whatever steps recommended by engineers to insure the stability of this site. Mr. Krueger commented as follows: - The City Geologist stated that the site was satisfactory for building - Recommended construction techniques would be followed Questioned how the proposed home would affect the quality of life of adjacent residents Landscaping would substantially improve the area and stabilize the site Concern about the contractor building this house had no bearing on the Application Mr. Swain noted that pictures showed that the above contractor destabilized the entire hillside. BURGER/KOLSTAD MOVED TO CLOSE PUBLIC HEARINGS AT 10:55 P.M. Passed 6-0 Commissioner Burger commented as follows: - When the City Geologist pointed out problems in the hillside, he also recommended mitigating measures to stabilize the site - Was not concerned about view impacts since adjacent homes were at a higher elevation - Asked that the square footage of the home conform to Ordinance requirements Commissioner Kolstad noted that the City Geologist was asking for a detailed study; he wished to see the home conform to Ordinance requirements and was not concerned about view impacts Commissioner Tappan concurred with Commissioners Burger and Kolstad; he noted that the Geologic Report indicated that the proposed structure may provide stability for the hillside. HARRIS/BURGER MOVED APPROVAL OF V-88-010 PER THE MODEL RESOLUTION. Passed 6-0. : HARRIS/TUCKER MOVED TO DENY THE VARIANCE APPLICATION TO EXCEED THE ALLOWABLE FLOOR AREA. Passed 6-0. HARRISEUCKER MOVED TO DENY WITHOUT PREJUDICE DR-88-035. Passed 6-0. 18. AZO-88-002 City of Saratoga, an ordinance repealing and amending various sections of the subdivision and zoning ordinance concerning the authority to modify or grant exception from regulations and standards. A Negative Declaration has been prepare. d. PLANNING COMMISSION MEETING Page JULY 13, 1988 PUBLIC HEARINGS Continued The City Attorney reviewed the Ordinance Amendments to Section 14-35.010. The Public Hearing was opened at 11:15 P.M. The City Manager discussed the Ordinance Amendment and cited problems experienced by the public in the absence of standards governing the granting of exceptions; examples were cited. BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 11:25 P.M. Passed 6-0. HARRIS/BURGER MOVED TO GRANT A NEGATIVE DECLARATION FOR AZO-88- 002. Passed 6-0. HARRIS/TUCKER MOVED TO RECOMMEND TO THE COUNCIL ADOPTION OF AN ORDINANCE AMENDING SECTION 14-35.010 RELATING TO EXCEPTIONS FROM DESIGN REQUIREMENTS OF THE SUBDIVISION ORDINANCE. Passed 6-0. MISCELLANEOUS: 1. Village Design Task Force Consensus reached that Commissioner Harris be appointed to the Village Task Force. 2. Resolution of Appreciation Chairwoman Guch presented a Resolution of Appreciation for former Planning Director Hsia and a Resolution of Appreciation to Commissioner Han'is as Chair of the Commission 1987-88 COMMUNICATIONS; Written: 1. Minutes of Heritage Preservation Commission of June 15,1988, - Noted and filed. 2. Committee-of-the-Whole Report of June 14, 1;988, - Noted and filed. 3. Letter from the League of California Cities Re: 1989 Planning Commissioner's Institute Noted and filed. 4. Memo from City Manager Re: Interim Management of Planning Department - Noted and filed. Oral by Commission: Commissioner Kolstad reported on the Meeting of the City Council of July 6, 1988. ADJOURNMENT; The Meeting of the Planning Commission was adjourned at 11:45 P.M. Carol A. Probst-Caughey/ ~