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HomeMy WebLinkAbout10-25-1989 Planning Commission Minutes PLANNING COMMISSION CITY OF SARATOGA, CALIFORNIA MINUTES DATE: October 25, 1989 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Tucker, Burger, Tappan, Moran; Commissioners Kolstad and Harris, absent. Pledge of Allegiance: Approval of the Minutes: Deferred. Chairperson Siegfried informed the Commission of the unexpected death of the Recording Secretary. ORAL COMMUNICATIONS: Mr. E. T. Barco, citizen, addressed the Commission regarding height of flag poles along Big Basin Way, and noted the Light Ordinance applying to security lights in residential neighborhoods. The Planning Staff advised the Commission that the Sign Ordinance, currently under revision, includes flag pole regulations, and is expected to be completed by December. TECHNICAL CORRECTIONS TO THE PACKET MATERIAL: None. PUBLIC HEARING CONSENT CALENDAR: 1. DR-89-046 Naghavi, 20233 Seagull Way, request for design review approval to demolish and existing single- story residence and construct 3,197 square foot two-story in the R-l-10,000 zone per Chapter 15 of the City Code. Continued to November 8, 1989. 2. DR-89-082 Lohr, 14904 Gypsy Hill Road, request for design review approval to construct a two story, 5,722 square foot single-family dwelling in the R-1- 40,000 zone district per Chapter 15 of the City Code. Continued to November 8, 1989. 1 3. DR-89-090 Sato, 21282 Tollgate Road, Resolutions denying a request for design review and variance to allow the construction of a 900+/square foot first and second story addition to an existing one story residence in the R-1-40,000 zone district. Variance approval would allow a 4 foot encroachment into the sideyard setback area (public hearing closed on 10/11/89). 4. SUP-89-003 Pronger/Eagleston, 20600 Lomita Avenue, request for second unit use permit approval to legalize an existing 297 square foot second unit in the R-1- 20,000 zoning district per Chapter 15, Section 56,110 of the City Code. Continued to November 8, 1989. 5. AZO-89-003 City of Saratoga Vehicle Repair Ordinance, An ordinance of the City of Saratoga amending Section 9-50-010 of the City Code concerning repair of vehicles on residential property. Continued to December 13, 1989. 6. AZO-89-055 City of Saratoga, a proposed ordinance to amend fencing requirements in the NHR zone district. The current provisions permit a maximum of 4,.000 square feet enclosure of open wire fencing. The proposed amendment would enable a petition from 60 percent of property owners within a given neighborhood to request Planning Commission approval for increased fencing. Continued to November 8, 1989. Chairperson Siegfried noted that Consent Items 1, 2, 4, 5, and 6 were being continued. The Public Hearing was opened for Items 3 and 7, at 7:39 p.m. No one wished to speak. 7. DR-89-081 Lohr, 14565 Chester Avenue, request for design review approval to construct a two-story, 5,002 square foot single-family dwelling. TUCKER/BURGER MOVED APPROVAL OF THE CONSENT CALENDAR ITEMS 3 AND 7. Passed 5-0-2, Commissioners Harris and Kolstad being absent. 8. DR-89-068 Lohr, 14858 Gypsy Hill Road,. request for design review approval to construct a one-story, 5,573 square foot single-family dwelling in the R-1- 40,000 zone district per Chapter 15 of the City Code. The staff reported that design review was requested for Lot 7, for a structure 20 feet in height. He noted that the Commission placed the height limitation at 21 feet on this home and it meets the setback and floor area requirements. He suggested an additional Condition that states "prior to the zone clearance, the plan should be reviewed by the City Horticulturist and the results of this review, including all tree preservation measures shall be included into the Applicant's Landscape Plan. 2 Chairperson Siegfried opened the Public Hearing at 7:42. No one wished to speak. MOTION TO CLOSE THE PUBLIC HEARING WAS UNANIMOUSLY APPROVED 5-0-2. MOTION TO ACCEPT STAFF'S RECOMMENDATION, WITH THE ADDITION OF A CONDITION TO REQUIRE REVIEW, TO INCLUDE ALL TREE PRESERVATION MEASURES, BY THE CITY HORTICULTURIST, WAS UNANIMOUSLY APPROVED ON ROLL CALL VOTE 5-0-2, COMMISSIONERS HARRIS AND KOLSTAD BEING ABSENT. 9. SM-89-012 Welsh, 20324 Saratoga Vista Court, request for site modification approval to permit alternation of approved plans (DR-87-045) in the R-l-10,000 zone district per Chapter 15 of the City Code. Staff reported that the project was red-tagged by the Building Department because of unauthorized construction on the second floor. Staff has reviewed the project and feels it does comply with the maximum floor area, and that an added ridge line across the front of the house can be mitigated with the natural landscaping that currently exists. Staff recommended approval. Chairperson Siegfried opened the Public Hearing at 7:45 p.m. No one wished to speak. MOTION TO CLOSE THE PUBLIC HEARING CARRIED 5-0-2. MOTION TO APPROVED, AS PER STAFF'S RECOMMENDATION UNANIMOUSLY CARRIED ON ROLL CALL VOTE. 5-0-2. 10. DR-88-092 Manro, 13475 Cocciardi Court, request for design review approval for a new 5,631 square foot two- story single-family dwelling in the NHR zone district. Staff reported that the request meets all setback requirements and complies with building height. Staff expressed concerns that visually the south elevation is too bulky and would request installation of windows and other openings to the southside, subject to the Planning Director's approval, and that this requirement was incorporated into the resolution. Staff recommended approval. Chairperson Siegfried opened the Public Hearing at 7:47 p.m. No one wished to speak. MOTION TO CLOSE THE PUBLIC HEARING CARRIED 5-0-2. MOTION TO ACCEPT STAFF'S RECOMMENDATION, INCLUDING REVISIONS TO THE SOUTH ELEVATION, UNANIMOUSLY CARRIED ON A ROLL CALL VOTE OF 5-0-2. 11. DR-89-013 Velinsky, 15839 Hidden Hill Road, Planning Commission review of revised plans referred by the City Council. The purpose of the pubic hearing will be to take public testimony relative to a Commission report to the City Council regarding the design review approval of a single-family residence in the HC-RD zone district pending before the City Council. Director Emslie updated the Planning Commission on the status of the project and summarized the Council's instructions for consideration in reviewing the revised plans as follows: 1) The building be located above the 660 foot elevation, 2) The plans should-be one story, 3) The drainage should be directed to Hidden Hill and not into the ravine. The specific Council Resolution was included in the Commission's Staff report. He stated that the Planning Commission would be making a recommendation to the City Council, who in turn will vote on the appeal. The Public Hearing was opened at 7:53 p.m. Ira Velinsky, Applicant, stated that after speaking with Mayor Clevenger, he went to his neighbors on the north and the east, Mr. Haggland and Mr. Wang to discuss how to locate the home in that corner in a way agreeable to them. Mr. Velinsky then had his architect draw up a new design. he also stated that letters had been submitted by both Mr. HWang and Mr. Haggland (see attached). Mr. Kurt Anderson, applicant's Architect, summarized his impression of the Council's concerns: 1) The drainage problem; this has been designed and is indicated on the plans prepared by JMH Engineering. The plans show the drainage going completely to Hidden Hill Road; 2) The house should be one-story; they have been redesigning the home in that corner in a way agreeable to them. Mr. Velinsky then had his architect draw up a new design. He also stated that letters had been submitted by both Mr. Hwang and Mr. haggland (see attached). He also stated that the design of the house has been simplified so it will make it seem much less massive and impacting on the neighborhood. As part of the application, they would also like to get the pool approved as par.t of the variance. He summarized to say that they feel they have satisfied the direction of the Council and area looking for the Commission's recommendation for Council approval of the revised plans. Wanda Alexander, 15879 Ravine Road, Los Gatos, stated that she wanted to discuss the geology of the area. She presented overhead projections that depicted where the Berrocal fault is generally located in the area and where landslide areas also were located. She commended Mr. Velinsky for his efforts but felt that the facts 4 were contradicting the spirit of the City Council's direction to reduce the mass and bulk of the residence. She stated that the limits of size, bulk and compatibility, and disruption of the ravine were still not addressed in the new plan. She felt that the Velinsky home. should be more compatible with other homes in the area in terms of size and bulk. She was also concerned that the road be an endangerment to all the residents. Commissioner Siegfried clarified that Mr. Velinsky is required to do very site specific geotechnical surveys. She had one last question regarding the calculation of the footprint of the house. She didn't understand how it could be calculated accurately because they still do not have an accurate survey of the slope of the property. Richard Sogg, 19262 Hidden Hill Road, Los Gatos, stated that he had four concerns; 1) Earthquake dangers. he felt that there .should be a moratorium on building until the seismic safety standards are evaluated. he feels that the priority should be the restoration of the homes on the Hill and not the building of any new homes; 2) He wanted the drainage pattern to be addressed; 3) He had concerns regarding the integrity of his historical house and grounds; 4) He would like to be reassured that there would be no driveway or right-of-way constructed along the flag portion of the Velinsky lot. William Robson, 15891 Ravine Road, Los Gatos, stated that he is still concerned about bulk and compatibility on an infill situation. He pointed out that a comparison of the original plans rejected by the Commission and the present proposal reveals that the visible elevations are 55 percent larger. He also wanted the Commission to consider the Comments made by the majority of the Council when they asked that the house be made smaller and less bulky. He does not believe that the bulk can be mitigated by landscaping which is specifically prohibited by the City's Design Handbook. Chairperson Siegfried asked the Applicant to summarize the drainage plan.. The Applicant stated 'that according to his engineer, Bill Heiss, they would have to trench down the existing driveway to get to the water supply. He stated that as long as they have to trench to get water and sewer, they can use the same trench to provide drain facilities to bring the rainwater from the gutters and driveway into the storm sewers on Hidden Hill. He stated that no water from the house or driveway will go down into the ravine. Commissioner Moran asked the Applicant if he had talked to the neighbors who sent the letters about the pool. The Applicant stated that the neighbors had seen the plans presented tonight. Chairperson Siegfried recommended that the neighbors concerned about the drainage meet wi~h the Planning Staff to review the plans. Commissioner Moran asked staff if it was their view that the findings for the variances could be made? Planning Director Emslie answered affirmatively. 5 Commissioner Burger extended her apologies to the Velinskys for the ordeal they have had to go through over the past months. She felt that the City of Saratoga should be ashamed of itself for putting the Velinskys through this ordeal. She stated that she believes that the City Council's, so called improvements, resulted in a project that is inconsistent with long-standing City policy in four (4) specific areas: 1) The movement of a proposed home to a ridgeline, which increases its visibility from the valley floor; 2) The setback; 3) The requirement of the removal of ordinance size trees; and, 4) The increase, once again, or the impervious coverage. She feels that the Planning Commission's approval of the plan consistent with the Council's directions would be nothing less than dereliction of duty. It amounts to a total disregard of sound land-use planning in favor of an ill-considered political solution. The Commission has always scrupulously removed itself form politics and has always maintained its integrity. She stated the Mr. Velinsky's original project was carefully scrutinized before the Commission approved it originally and the current changes are not in the best interests of anyone in this community. She also stated that it was morally unacceptable for her to personally recommend approval of these revised plans. She stated that she would not be voting to recommend approval of the revisions. Commissioner Tappan also extended his apologies to the Velinskys. He stated that in looking back 0n all of the meetings and all of the input from the neighbors, that quite frankly the neighbors want nothing built on that lot. He stated that the Council was specific as to the three (3) areas of concern they had when they sent the project back to the Commission and that the Velinskys have bent over backwards to answer each of these issues, and now the neighbors have come up with new issues. he stated that he would recommend approval of the revised plans as submitted and that he felt all Council's concerns were addressed. Commissioner Tucker agreed that we have very tough geologic standards here in Saratoga and that it would not be a concern of hers. She stated that this has been a very difficult project for all concerned because of the piece of property. She feels that it does meet the size requirements, but that the proposed home has always appeared larger due to the topography of the property. She stated she has no problem with the project, as revised per Council direction. Commissioner Moran thanked the neighbors for continuing to show up and expressing their concerns. She stated that she does not think that the plans have been improved because we now have two (2) variances and the home is jammed into one corner. She felt that the house as they saw it at the study session on 10/3/89 raised fewer variance and design problems and that she was hoping the Council would reconsider. She feels the house has been moved up higher on the ridgeline where it will have a much bigger impact on the whole community. Chairperson Siegfried asked for the Commission's input if the Council will approve the project and if it comes back to the Commission for consideration of the variance. Commissioner Moran said she would have a hard time with the findings for the variance. Commissioner Burger stated she would not make the findings on the variance issue. Commissioner Tappan said he would be able to make the variance findings, although he would lean toward the plan that the Commission approved. Commissioner Tucker stated that she would have no comment since she did not see the plans that went to the study session. Chairperson Siegfried stated he was not at the study session but he feels that this is a reasonable solution and that it meets the requirements of the Council. It moves the home dramatically away from the ravine. He stated he appreciates the concerns of the neighbors as well. He is prepared' to recommend approval to the City Council and that he could make the variance findings. He asked the Attorney if there were some appropriate methods of handling the variance other than bringing it back to the Commission? City Attorney Toppel stated that they are trying to work out the procedure for the variance to be heard and the findings to be made by the Council when the matter goes back up before them on 11/1/89. He thinks the spirit and intent of the law in terms of hearing and discussion on a variance has been satisfied. Chairperson Siegfried emphasized that if the Council is going to make the decision on the location, the Council should make the decision on the variance. he believes it puts the Commission in a very difficult position to do anything otherwise. City Attorney Toppel stated that he could not guarantee that the variance would not come back to the Commission. / Chairperson Siegfried summarized by stating that what they have is a split recommendation. Two out of five Commissioners approved of the revised, although it is not the best solution; one Commissioner speaking very clearly against the current plan and that the original proposal should be approved; and one Commissioner likes the study session plans. He stated that the one point that the Commission is united on is that if the Council is going to decide where the home is, they should make the variance findings as well. 12. DR-88-065 Harbor Builders, (Rosendin) 13506 Cocciardi Court, request for design review approval for a new 5,024 square foot home in the NHR zone district. Variance approval is also requested to allow maximum height of 29 feet 6 inches in lieu of 26 maximum. Staff reported that the variance relative to height, proposed at 29'6" maximum, currently 26' are allowed. Staff recommended approval based upon 1) Exceptional circumstances related to the property in that the access to the lot must be made less steep, which has to be achieved by filling in the slope and it has to be measured by code, therefore, the practical application of the 26' height limit has resulted in an undo hardship on the Applicant in that a two-story house, which is allowed in this subdivision, 7 cannot be constructed without variances; and, 2) Massing has been reduced by building articulation. Further, Staff contends that the elevations comply since the fill causes the height problems. Commission discussed the street grade, building pad and the vegetation on rear easement where there are a number of trees are adjacent to the project. The Chairperson opened the Public Hearing at 8:55 p.m. Willem Kohler, 21842 Via Regina, Saratoga, concerned neighbors expressed concerns regarding: - too few trees where once a forest stood - slop, rain and erosion Chairperson Siegfried informed the Mr. Kohler that the Commission had every intent of saving the existing trees and that applicants are required to submit landscape plans to the Commission for approval. MOTION TO CLOSE THE PUBLIC HEARING UNANIMOUSLY CARRIED (5-0-2). DISCUSSION Discussion ensued between Commissioners relative to height and fill for street access, elevation of proposed home below street level, building pads and adjacent southeast surrounding. Staff satisfies the Commission's concern by reading the findings attached to the Staff Report. MOTION TO APPROVE V-89-032 AND DR-88-065 CARRIED 4-1-2, BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners, Tucker, Burger, Tappan and Siegfried NOES: Commissioners, Moron ABSENT: Commissioners, Harris and Kolstad 13. DR-89-083 Gregory, 20602 Lomita Avenue, request for design V-89-037 review and a variance to allow the construction of · a 3,783 square foot, single-story residence, in the R-120,000 zone district, per Chapter 15 of the City Code. Variance approval would allow the height of a detached garage to exceed the 12 foot height limit. Staff reviewed the Staff Report from early 1989, and noted those concerns were relative to: - compatibility - the McCarty House 8 Design review for the new residence indicated an 18 foot height request for the garage, where 12 feet is maximum allowed. The floor area complies, but the height of the single-story is 24 feet. Further, Staff recommends the following: - reduction of the pitch of the roof - meet the variance requirements - continue to redesign and revise the height per Staff ~ Discussion ensued between Commissioners regarding the location, elevation, landscaping and surrounding properties. The Chairperson noted a letter from the Gregory's of 139100 River Road, Saratoga and a letter from the applicant's designer. Chairperson Siegfried opened the Public Hearing. Jim and Shirley Gregory, Applicant's addressed the Commission noting the following: - that the City Ordinance does not place restrictions on height of single-story residences that the proposed project follows hill side slope to eliminate visual obstruction to neighboring properties - that massing concerns have been mitigated - that the height has been reduced to 22 feet .met all recommendations - that the variance was due to the preservation of the Oak Tree and the provision for a detached garage - that the requested 12 foot height limitation on the garage is not adequate and that it is not compatible with neighboring lots - that the property was purchased with full knowledge of City Codes, which made no specifications relative to heights - that the application process has lasted approximately four months - that the amount of money invested has risen due to delays in the process - that applicants requested approval. Commissioners discussed the walkway to the garage reflecting a flat roof. The Applicant was amenable to changing the covered walkway. John Darlington, 2064 Lomita, Saratoga, addressed the Commission noting that their residence is above the proposed project. He expressed concerns relative to the bulk of the home. Beverly Darlington, 2064 Lomita, Saratoga, noted her major concern that the proposed sideyard setback is in her front yard and inhibits her view, making her feel "hemmed in," and encumbering her privacy. Mr. Gregory illustrated that the location of the trees will mitigate the privacy issue. The Commission expressed concern regarding the unattached garage, sloping of the roof and the neighborhood compatibility. On direction of the Chairperson, there being no objections, it is ordered that Item No. DR-89-083 and V-89-037 be continued to the November 8, 1989, meeting to provide the Applicant with time to work with Staff to reduce the height. 14. AR-89-027 Cole, 12661 Holyoke Court, Saratoga, appeal of an administrative review application to allow a 40 foot amateur radio tower in the R-1-12,500 zone district, per Chapter 15 of the City Code. Staff addressed the appeal of Mr. Cole's proposed radio antenna, City requirements for such, and landscaping of the westerly side of the home. Further, Staff reviewed the location and compatibility of adjacent properties. The City Attorney reviewed regulations that the City places on the construction of an antenna relative to the FCC (Federal Communication Commission) requirements. The Chairperson opened the Public Hearing at 9:45 p.m. John Cole, Applicant, requested approval since he is retired and amateur radio is his sole hobby. Further discussed were the hours of use. Bruce Hilton, 12637 Plymouth Drive, Saratoga, addressed the Commission citing Section A(14) of the Deed of Records, 5804, page 580, County Recorders Office, that stated "no short wave radio antenna or support to be erected in this development," and he stated that the title deed is passed to the new owner in that particular project. The City Attorney informed the Commission that the burden is on the neighbor to seek enforcement. MOTION TO CLOSE THE PUBLIC HEARING ON AR-89-027 UNANIMOUSLY CARRIED 5-0-2. Commissioners reviewed the location and retraction of the proposed antenna. MOTION TO APPROVE THE REQUEST WITH ANADDED CONDITION TO ALLOW ONE ADDITIONALANTENNA TO REMAIN, WITH STAFF'S RECOMMENDATION REGARDING THE LANDSCAPING AND LOCATION, UNANIMOUSLY CARRIED 5-0-2, ON THE FOLLOWING ROLL CALL VOTE: 10 AYES: Commissioners: Tucker, Burger, Tappan, Moran, Siegfried NOES: Commissioners: None ABSENT: Commissioners: Harris, Kolstad COMMUNICATIONS Staff reported relative to a transmittal to the Planning Commission, from Hansen School Site concerning increased parking on Titus Avenue; parking regulations are not being adhered to; and, a request for revocation of the McCullough Program (program where approximately 35 parents per day attend school with their children). The Staff noted a preliminary solution and discussed expansion of the parking area into the current grassy area beyond the school. Further, Staff noted the review of this issue is scheduled for December. George Plumbly, Director/Manager, Cupertino School District, expressed desire to be good neighbor, however, the increased street parking is from McCullough School. He noted he intends to proceed with plans to increase parking by 25 spaces and to increase the loading zone. He contends that McCullough visitors are going all they can do to minimize the parking shortage by car-pooling, etc. He projected that the parking expansion could be completed in six weeks. Letter to the Commission, dated June 5, 1989, relative to multiuse- occupancy. Staff responded with an investigation and the tenants were notified of the violation, however, there has been no response. Further, a request was made that Staff be authorized to prepare a memorandum cancelling two of the regularly scheduled meetings of the Planning Commission; the last meeting in November and the last meeting in December. MOTION TO ADJOURN TONIGHT'S MEETING IN HONOR AND' MEMORY OF CAROL A. PROBST-CAUGHEY, BELATED REPORTING SECRETARY, UNANIMOUSLY CARRIED 5-0-2. APPROVED BY: Chairperson Siegfried ATTEST: Planning Director Steve Emslie , Respectfully Submitted by: Karon Shaban, ReportingISecretary 11