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HomeMy WebLinkAbout05-10-1989 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: May 10, 1989 - 7:30 P.M. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Present: Chairperson Siegfried, Commissioners Burger, Kolstad, Tappan; Commissioners Harris, Tucker absent. Pledge of Allegiance: Approval of Minutes: Meeting of April 26, 1989 Chairperson Siegfried questioned the Motion on Item 10; Planning Director Emslie stated that the Motion would read, "Burger/Kolstad moved to close the Public Hearing on the Environmental Impact Report on the Mt. Eden Rd., Subdivision, incorporating..." Commissioner Burger asked that her comment in Item 5 be amended to read in part, ""'landscap- ing the area adjacent to the 'immediate rear' of the neighbor's home." Commissioner Kolstad asked that his abstention on Item 15 be noted after the agcnda item. BURGER/KOLSTAD MOVED TO APPROVE THE MINUTES OF APRIL 26, 1989, AS AMENDED. Passed 4-0. ORAL COMMUNICATIONS: REPORT OF POSTING OF AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on May 5, 1989. Technical Corrections to the Packet Material: Planning Director Emslie noted that the correct address for Item 9 was 20680 Leonard Rd. PUBLIC HEARINGS CONSENT CALENDAR: 1. SUP-89-003 Pronger-Eagleston, 20600 Lomita Ave., request for second unit use permit approval to legalize an existing 297 sq. ft. second unit in the R-1-20,000 zone district per Chapter 15 of the City Code. (withdrawn). 2. DR-88-095 Hur, 20052 Sunset Ave., request for design review and building site ap- SD-88-019 proval to construct a two-story 6,'1.82 sq. ft. single family home in the HC- RD zone district per Chapters 14 and 15 of the City Code Continued to June 14, 1989, to resolve neighbor and staff concerns. 3. DR-89-004 Ingle, 21417 Tollgate Road, request for design review and variance approvals V-89-002 to construct a one-story,. 6,482 sq.. ft. single family home; the variance is to exceed the maximum allowed floor area by 638 sq. ft., in the NHR zone district per Chapter 15 of the City Code. Continued to May 24, 1989. 4. DR-89-022 Jepson, 21090 Chiquita Way, request for design review approval for a new 5, 784 sq. ft. two story single family dwelling in the NHR zone district per Chapter 15 of the City Code (cont. to May 24, '1989). 5. V-89-007 Saffarian, 21757 Congress Hall Lane, request for variance approval to con- struct a 267 sq. ft. covered walkway which would exceed the maximum allowed floor area by 266 sq. ft. for the site per Chapter 15 fo the City Code Public Hearing closed April 26, 1989. PLANNING COMMISSION MEETING Page 2 MAY 10, 1989 PUBLIC HEARINGS CONSENT CALENDAR Continued 6. DR-89-036 Klein, 20461 Williams Ave., request for design review and use permit ap- UP-89-006 proval to allow the construction of a 1, 179 sq. ft., one and two-story addition to a 1,400 sq. ft. single family residence within the R-l-10,000 zone district per Chapter 15 of the City Code. The use permit would allow a detached garage within the rear yard setback. 7. DR-88-021 Zimmerman, 14190 Palomino Way, request for design review approval to construct a 6,025 sq. ft., two-story single family dwelling in the NHR zone district per Chapter 15 of the City Code. 8. SM-89-005 Sheng, 14900 Vintner Court, request for site modification approval to con- struct a pool, spa, and decking in the NHR zoning district. City Geologist review and approval is required by the Parnas subdivision conditions of approval. 9. DR-89-037 Lindberg, 20680 Leonard Rd., request for design review approval to con- struct a new 5,993 sq. ft. two-story single family dwelling in the R-1- 40,000 zone district per Chapter 15 of the City Code. Chairperson Siegfried noted Item 1 was withdrawn and Items 2, 3, and 4 were being Continued. KOLSTAD/TAPPAN MOVED APPROVAL OF CONSENT CALENDAR ITEMS 5, 6, 7, 8 AND 9. Passed 4-0. PUBLIC HEARINGS: 10. SD-88-008 Rogers and Brooks, Gypsy Hill/Crisp Ave., public hearing to consider cer- tification of an Environmental Impact Report and a proposed 35-1ot sub- division at the Odd Fellows property behind the care facility per Chapter 14 of the City Code. The subject property involves 55.66 acres within the R- 1-40,000 zoning district, which is proposed for single family residential subdivision. Continued from April 26, 1989. Planning Director Eroslie presented the Memorandum Re: San Marcos Heights EIR. Chairperson Siegfried noted the following correspondence received: - Adjacent residents regarding the use of Odd Fellows property for picnic uses - Report Re: Comments to Draft Final Environmental Impact Report for San Marcos Heights Residential Subdivision, dated February 1989, from Mr. Harry Lalor, Ruth and Going, Inc. The Public Hearing was opened at 7:44 P.M. Mr. Gary Dehgie, Senior Vice President, Earth Metrics, presented the Final Environmental Impact Report for the San Marcos Heights Residential Subdivision, dated May 1989; he reviewed the process by which the document was prepared. Mr. John Wilson, Project Traffic Engineer, presented the Revised Traffic Analysis prepared for the Final Environmental Impact Report (EIR) for the San Marcos Heights Residential Subdivision and discussed the traffic circulation patterns for the various Alternativ~;s identified in the EIR. Ms. Virginia Fanelli, Representing the Applicants, Rogers and Brooks, presented excerpts from the Final EnvirOnmental Impact Report, and commented as follows: Table 3.2.8 Average Daily Traffic Volumes: Traffic at Crisp Ave., east of Fruitvale Ave. was estimated at 920, not 862 as shown in the EIR Traffic at Odd Fellows, east of Fruitvale Ave. was estimated at 792, not 734 as shown in the EIR Table 3.2.9 Cumulative 1995 Traffic Volumes: Traffic Volume at Crisp Ave., east of Fruitvale was projected to be 1030, not 1,063 as shown - Odd Fellows, east of Fruitvale Ave. with Alternative C, was projected to be 1251, not 793 as shown in the EIR; this was a significant difference in cumulative traffic volumes - Odd Fellows, east of Fruitvale Ave. with Alternative D, was projected to be 914, not 816 as shown in the EIR Table 3.2.2 Existine and Projected A.M. Peak Hour Level of Service: - Fruitvale Ave./Crisp Ave. "Existing plus Project" Level of Service went from an "A" to a "C" based on a 214% increase in traffic - Fruitvale Ave./Odd Fellows Entrance, cited "Existing plus Alternative C" and contended that the Level of Service would go from an "A" to a "C" based on a 226% increase in traffic volume PLANNING COMMISSION MEETING Page 3 MAY 10, 1989 PUBLIC HEARINGS Continued Ms. Fanelli, Representing Rogers and Brooks, continued her comments on the EIR as follows: Table 3.2.10 Cumulative A.M. Peak Hour Levels of Service - 1995: - Fruitvale Ave./Crisp Ave. "1995 plus Project" showed the Level of Service at "C" due to the 240 % increase in traffic - Fruitvale Ave./Odd Fellows Entrance was shown at Level of Service "A"; Applicants contended that the Level of Service should be shown as "C", based on Alternative C which would cause a 357% increase in traffic at this intersection - Fruitvale Ave./Odd Fellows Entrance, Alternative D would cause a 261% increase in traffic - Asked that her comments be attached to the Final EIR 2.2 Alternatives Evaluated, sixth paragraph to read in part, "...It would also '.'n~reaze decrease the average daily traffic on Sobey Road compared to that of the proposed project." - 3.2 Traffic: Chester Avenue: Applicants wished it to be indicated that in the General Plan, Chester Ave. was called out as a collector street. Ms. Peggy Cocker, Attorney for the Odd Fellows, stated they were pleased to see the recognition in the EIR, that the development had a potential to adversely impact the Odd Fellows' property by adoption of either Alternative C or D., i.e., allowing through access of the property. While the EIR noted other impacts if a through access were allowed, namely, visual impacts in terms of light and glare, and noise impacts, the Odd Fellows felt the EIR had not adequately addressed other impacts. One of the primary impacts would be the safety hazard to the elderly residents, and secondly, there would be geologic impacts such as slope instability, grading and fill if access were taken through the unique terrain of the property. Finally, the riparian corridor on site had not been adequately addressed with respect to the impact an access route would have on the property. She introduced ~he following speaker who had been retained by the Odd Fellows and asked that his comments and report be made an addendure to the Final EIR; she concluded that the Odd Fellows had prepared a letter on the use of the property for picnics, which would be made available. Mr. Harry Lalor, Ruth and Going, Inc., presented the Report Re: Comments to Draft Final Envi- ronmental Impact Report for San Marcos Heights Residential Subdivision, dated February 1989. Ms. Marguerite Fischer, Fellowship Plaza, stated that a through access would be a disaster and un- fair to the residents; she noted the generosity of the Odd Fellows in sharing their property with various community groups. Furthermore, a through access would harm the wildlife in the area. Mr. Bob Swanson, 19305 Crisp Ave., Saratoga, commented as follows: Alternative E, gating a through street was considered very unattractive by residents of the area; in addition, a gate would not mitigate the impacts If a gate was considered a mitigation, he suggested it be installed on the Odd Fellows property. Odd Fellows wished to sell their property for development without accepting an access on-s~te; residents of Sobey Rd., Crisp Ave. and Gypsy Hill Rd.did not wish the resulting impacts It was outrageous the Odd Fellows took a position that they wished to sell their property while being immune from accepting any of the problems that would be created Alternative D, (three cul-de-sacs, extension of Crisp Ave., Gyspy Hill Rd. and from the Odd Fellows facility) seemed the fairest alternative The City Council stated on two occasions that a through street in the existing residential areas would be inconsistent with the General Plan Mr. Brian Haughton, Attorney for Mr. Swanson, commented as follows: Validity of the EIR: contended that substantial changes had been made in the Draft EIR California Environmental Quality Act (CEQA) required that when substantial revisions were made, the EIR had to be recirculated for comment It was his understanding that the document was not recirculated and as such, was invalid Substantial revisions occurred in the three alternatives presented in the Ruth and Going Report, and reformulation of the Draft EIR, for example, in the Traffic Analysis section; the revised document had not been made available for public comment Agreed that statements had been made by the City Council in 1977 and 1988, interpreting the General Plan, that Crisp Ave. would not be made into a through street In addition, the Odd Fellows consultant had cited concern that the steep slopes would be impacted by grading and the riparian corridor on-site negatively affected by a through street Ms. Pauline Scales, 14141 Sobey Rd., Saratoga, noted the EIR estimated that impacts on the wild- life would be moderate. Areas counted as open space areas had fencing, walls, formal gardens or tennis courts; such was not open space insofar as animals were concerned. Cited the Department of Fish and Game's recommendation; she felt that the mitigations suggested were inadequate. PLANNING COMMISSION MEETING Page 4 MAY 10, 1989 PUBLIC HEARINGS Continued Mr. Chris Franklin, 14961 Haun Ct., Saratoga, realized that there were safety concerns in putting a through road on the Odd Fellows property; however, as a parent, he had concerns regarding the safety of the children in residential areas. Secondly, he questioned the number of projected trips per day, and reiterated his concern for safety and quality of life in the area. Mr. H. Victor Yang, 19461 Crisp Ave., Saratoga, felt Alternative D. (three cul-de-sacs).was the only acceptable alternative; such would provide equal distribution of traffic and noise impacts. Installation of a gate would not solve the problem and raised the question of enforcement. Mr. Art Mandell, 14950 Sobey Rd., Saratoga, was concerned about any alternative that opened a residential street to through access; such would be an invitation to crime. He concurred with Mr. Swanson's remark that those who were benefiting from the sale ought to bear some of the impacts. He favored Alternative D. Ms. Marydee Urbano, 14520 Fruitvale Ave., Saratoga, noted that the Odd Fellows was obliged to sell some property to maintain the existing facilities which served the elderly; she did not under- stand why neighbors felt the Odd Fellows had to accept noise and traffic impacts resulting from the development of part of the site. The Odd Fellows were not making a profit from the sale. The City Attorney, responding to Chairperson Siegfried's inquiry, noted that instead of having the comments attached to the original Environmental Impact Report (EIR) as usually done, the Con- suitant incorporated public comments into the document; such was now being characterized as a new document, rather than an aid to reviewing the report. His concern with such an argument was the implication that responding to public comment, unless such comments were trivial, any re- sponse would require a new EIR and recirculation. Further review of the issue could be done. KOLSTAD/BURGER MOVED TO CLOSE THE PUBLIC HEARING CONSIDERING THE ADEQUACY OF THE ENVIRONMENTAL IMPACT REPORT (EIR) AND CONTINUE THE DISCUSSION ON THE SUBDIVISION TO THE NEXT MEETING OF MAY 24, 1989. Passed 4-0. Break: 8:40 - 8:55 P.M. 11. UP-574.1 ' Brookside Swim Club, 19127 Cox Ave., review of an action plan prepared at the direction of the Planning Commission to address compatibility con- cerns between the club and its surrounding neighbors in the R-l-10,000 zone district per Chapter 15 of the City Code. Continued from March 22, 1989. Planning Director Emslie presented the Report to the Planning Commission, dated May 10, 1989. Letters from the following individuals were received: Brookside Club of Saratoga Re: Action Plan, dated May 10, 1989 Mr. Randy Schneider, President, Saratoga Woods Community Association, Re: May 10th Review of Brookside Club Neighborhood Committee Members, dated May 10, 1989 The Public Hearing was opened at 9:05 P.M. Mr. Bob Bennett, Brookside Swim Club, stated they were in agreement with the Staff Report; he deferred to other speakers. Ms. Dee Askew, Neighborhood Committee Member, reviewed their letter of May 10, 1989. Mr. Bob Salutric, 12635 Saratoga Creek Dr., Saratoga, contended that no real compromise was being offered by the Brookside Club in the Action Order submitted; several items listed were already required by the Use Permit. Furthermore, some items, such as their offer to halt "sleep overs" for the swim team did not address the noise impact, which was the neighbors concern. In addition, there were no enforcement measures (financial penalties) listed in the Action Order. In summary, Brookside Club would be allowed an extended time for swim meets and use of the Sport Court six hours per day, while the benefits to the neighbors included the Club's use of an electronic starting device for swim meets and removal of trash bags from the Creek area. Residents lost the use of their back yards every day of the week from 10:00 A.M. to 4:00 P.M.; such was not a fair compromise. While the original application dealt with an extended starting time for swim meets, now the emphasis had shifted to the Sport Court--so much so, that the Club was willing to withdraw their original request, if there were any amendments to the Action Plan. PLANNING COMMISSION MEETING Page 5 MAY 10, 1989 PUBLIC HEARINGS Continued Ms. Dee Askew, 12651 Saratoga Creek Dr., Saratoga, cited Action Order 3., which stated that a permanent agenda item would be established on the Board of Directors monthly meeting to pro- vide an opportunity for neighbors to communicate with them; she did not feel secure entering the premises due to threats received from an individual identifying herself as a member of the Club. Mr. Bennett responded to the above comments as follows: - Stated he had no knowledge of any threats warning a neighborhood committee member not to attend the Planning Commission Meeting and thus, could not respond to such - Noted that the violations referred to should be considered alleged violations; Brookside had not had a chance to respond to such comments - Cited the letter of the Saratoga Woods Community Association which stated that to the over- whelming majority of Association members, Brookside Club had been a good neighbor; he noted that those speaking against the Club were members of this Association - Presented photographs of the Brookside Club activities Mr. Rick Ridder, 12634 Saratoga Creek Dr., Saratoga, felt some issues addressed were irrelevant. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:25 P.M. Passed 4-0. Commissioner Kolstad wished to see the results of a sound study before making a determination on this request; he felt activities on the Sport Court should be halted until completion of the study. Commissioner Burger agreed. Commissioner Tappan cited Staff Report Analysis, outlining the City's position that code enforce- ment action was postponed when efforts were under way to resolve a violation; he felt the Club had made an honest attempt to resolve the existing zoning violation involving the Sport Court and progress was being made in this matter. He had no objection to allowing the activity on the Sport Court until the upcoming review. Chairperson Siegfried concurred with Commissioners Kolstad and Burger. In response to Commissioner Burger's question, Planning Director Emslie stated that outside of the Sports Court usage, Staff was unaware of any continuing activity in violation of the Use Permit. Chairperson Siegfried added that the Action Plan addressed the concern. BURGER/KOLSTAD MOVED TO ACCEPT THE ACTION PLAN SUBMITTED BY THE BROOKSIDE SWIM CLUB, AMENDED TO DELETE 5. AND PROHIBITING THE USE OF THE REBOUND WALL AND BASKETBALL HOOP UNTIL COMPLETION OF THE SOUND STUDY AND REVIEW BY THE PLANNING COMMISSION. Passed 3-1, Commissioner Tappan dissenting. The City Attorney noted that the Applicant stated in their letter of May 10, 1989, "The Action Plan was authorized by the Brookside Board of Directors as a single item. If there are any additions or deletions from the Plan, Brookside withdraws its request for the earlier start of 3 swim meets". It had been the position of the City that although a Permit was issued for the Sport Court, it was issued in error because a modification of the Use Permit was required; thus, the use of the Sports Court would not be authorized even if the current Application for extended hours for the swim meets, were withdrawn. 12. DR-88-093 Lohr, 14751 Gypsy Hill Rd., request for design review approval to con- struct a two-story, 4,816 sq. ft. single-family dwelling in the R-l-40,000 zone district per Chapter 15 of the City Code. Planning Director Emslie reviewed the status of the Application. Chairperson Siegfried reported on the land use visit. The Public Hearing was opened at 9:28 P.M. Ms. Marilyn Martin, Representing J. Lohr Properties, confirmed that the foundation was stepped; Chairperson Siegfried responded that Staff had determined that the stepping was not sufficient and had recommended a Study Session. The Public Hearing remained open. KOLSTAD/BURGER MOVED TO CONTINUE DR-88-093 TO JUNE 14, 1989, WITH A STUDY SESSION TO BE HELD MAY 30, 1989. Passed 4-0. PLANNING COMMISSION MEETING Page 6 MAY 10, 1989 PUBLIC HEARINGS Continued 13. EP-89-33 · Foster Group Partnership, Prospect Rd., request for an encroachment per- mit to allow the construction of a median strip, landscaping and traffic signal along Prospect Road, between Lawrence Expressway and Saratoga Avenue. The proposed median would change traffic patterns by restricting left turns. Planner Graft presented the Report to the Planning Commission, dated May 10, 1989. Commissioner Tappan reported on the land use visit. The Public Hearing was opened at 9:38 P.M. The Applicant was present, but did not ~vish to address the Commission. Mr. Bart Dorsa, Classic Car Wash, reviewed the current operation of his business and noted that due to the reduced signage allowed, the volume of business had significantly decreased, so much so, that the business could possibly fail. Ms. Vera Jean Hecker, 19339 Crisp Ave., Saratoga, noted the minimal left turn lane when going west on Prospect Ave. and the resulting hazards; she favored a median cut with a traffic signal to enable traffic to enter the shopping center on the southerly side of Prospect Ave. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M. Passed 4-0. Commissioner Kolstad commented that the location of the median cut would not be equitable to all businesses to the south of Prospect Ave.; he understood the concerns raised by Mr. Dorsa and wished to find a way to allow equal access to all the businesses in the center. Nonetheless, there were safety hazards at this location. Commissioner Burger added that businesses located on the Saratoga side of Prospect Ave. did not have a main access to the center; she was concerned about the restriction imposed on some busi- nesses by the median cut. However, she wished to balance safety with the above concerns. Commissioner Tappan stated that while sensitive to the merchants concerns, he favored the instal- lation of the median due to the significant safety hazard at this location' perhaps the new traffic signal would have some spillover benefit to the merchants south of Prospect Ave. Chairperson Siegfried concurred with Commissioner Tappan regarding the traffic hazards at this site; however, he would entertain a request by Classic Car Wash, and other businesses similarly affected, to reconsider the signage allowed in this intensive commercial area. The current sign for the car wash was ineffective. Commissioner Burger was agreeable to this solution. BURGER/KOLSTAD MOVED TO APPROVE EP-89-33 PER THE MODEL RESOLUTION. Passed 4-0. 14. SUP-89-004 Moran, 13915 Saratoga Ave., request for use permit approval to construct a 768 sq. ft. second dwelling unit where an existing two-story, 2,210 sq. ft. single-family dwelling is located in the R-I-20,000 zone district per Chapter 15 of the City Code. Planner Graft called attention to the Revised Resolution presented with the following additions: 13. Applicant shall submit plans to City Horticultural Consultant for approval prior to issuance of a building permit. All requirements of the consultant shall be met. 14. Clapboard siding shall be used on the entire exterior of the two-car garage and the second dwelling. 15. Applicant shall submit plans to the Heritage Preservation commission for approval prior to zone clearance from the Planning Commission shall be met. Any requirements resulting in exterior changes shall be approved by the Planning Commission. Commissioner Tappan reported on the land use visit. The Public Hearing was opened at at 10:00 P.M. Mr. Mal Moran, Applicant, .provided information requested by Commissioner Tappan. TAPPAN/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 10:01 P.M. Passed 4-0. PLANNING COMMISSION MEETING Page 7 MAY 10, 1989 PUBLIC HEARINGS Continued TAPPAN/KOLSTAD MOVED APPROVAL OF SUP-89-004 PER THE REVISED MODEL RES- OLUTION AND ADDING A CONDITION THAT THE BOARD AND BAT CONSTRUCTION FOR THE SINGLE CAR GARAGE BE CHANGED TO CLAPBOARD CONSTRUCTION. Passed 4-0. 15. DR-89-019 Woolworth Construction, 14836 Three Oaks Ct., request for design review V-89-101 approval to construct a single story, 7,606 sq. ft. single family residence in the R-I-40,000 zoning district per Chapter 15 of the City Code. Variance approval is also requested to exceed the allowable square footage for this site by approximately 1,576 sq. ft. Chairperson Siegfried reported on the land use visit. The Public Hearing was opened at 10:05 P.M. Mr. AI Woolworth, Applicant, stated he took exception to Staffs analysis that this was a 7,600 sq. ft. house; the breezeway was added to tie the house and garage together and enhance the overall ap- pearance. The living room (Great Room) was being charged 680 sq. ft.; eliminating the combined square footage of the breezeway and the area created by an open beam ceiling resulted in being within 399 sq. ft. of the allowable square footage. This was a one acre parcel; the proposed house would be one-story, 70-80 ft. setback from the street and compatible with the neighborhood. He asked the Commission to reconsider the request and presented a cross section of the living room showing the 19 ft. height; the open beam ceiling would not alter the exterior front elevation. BURGER/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 10:12 P.M. Passed 4-0. Commissioner Kolstad was favorable to the design proposed; however, he noted the difficulty of making the required Variance Findings. Commissioner Burger wished to see the square footage reduced by about 1,000 sq. ft.; if such were accomplished, she could make Findings for the 19 ft. ceiling height. She agreed the ceiling height would not change the exterior elevation of the house. In addition, the breezeway appeared to be integral to the design of the home; nothing would be gained by eliminating it. Chairperson Siegfried and Commissioner Tappan agreed with Commissioner Burger's comments. Commissioner Kolstad was not favorable to seeing the breezeway as proposed. BURGER/KOLSTAD MOVED TO CONTINUE DR-89-019 AND V-89-010 TO JUNE 14, 1989, WITH A STUDY SESSION TO BE HELD JUNE 6, 1989. Passed 4-0. DIRECTOR'S ITEMS: 1. Upcoming Planning applications and projects. COMMISSION ITEMS: 1. City Council Report - None. COMMUNICATIONS: Written: 1. Minutes of Heritage Preservation Commission of April 19, 1989, - Noted and filed. 2. Committee-of-the-Whole Report - April 18,1989, - Noted and filed. 3. Letter from Valerie Young regarding Designated Heritage Resource HP-16, Hannah McCarty Vineyard House at 20600 Lomita Avenue. ADJOURNMENT: The M eting of the Planning Commission was adjourned at 10:20 P.M. Carol A. Probst-Caug