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HomeMy WebLinkAbout02-28-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: February 28, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson siegfried, commissioners Burger, Harris, Kolstad, Moran, Tappan, and Tucker. Pledge Of Allegiance Chairperson Siegfried called for a short recess due to technical difficulties with the public address system. Approval of Minutes: Minutes of February 14, 1990: Commission Harris requested that On page 3 of the Minutes the third line of the fourth paragraph be amended to read: "second story portion is only over by 600 sq. ft .... " Commissioner Tucker noted on page 19 of the Minutes that she stepped down on item 14 because she lives within 500 feet of the property. Commissioner Burger requested that on page 21 of the Minutes the second sentence of the first paragraph be modified as follows: "...the message from the City Council after the first appeal was loud and clear and she suspects the message would not change and stated she cannot vote in favor the lot split." HARRIS/TUCKER MOVED TO APPROVE THE MINUTES OF FEBRUARY 14, 1990 AS AMENDED. Passed 7-0. ORAL COMMUNICATIONS: Mr. Barco addressed the Planning Commission regarding a news item concerning a proclamation issued December 20, 1989 by ·Governor Deukmejian requiring State agencies, departments, boards and commissions "to evaluate their regulatory actions to ensure the appropriate protection of private property" and they must avoid "fiscal invasion or advantage to private property which interferes with the use and enjoyment of or access to and from private property". Mr. BarCo said he spoke with Assemblyman Quackenbush who will be sending him a copy of the proclamation. Mr. Barco indicated he will transmit copies to Planning Director Emslie and City Attorney Toppel. PLANNING COMMISSION MEETING Page 2 February 28, 1990 REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on February 2.3, 1990. Technical Corrections to Packet Material: None. PUBLIC HEARINGS CONSENT CALENDAR:' 1. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design review approval to construct a 1262 sq. ft. first and second story addition to an existing one-story home for a total of 3865 sq. ft. in the R-1-12,500 zone district per Chapter 15 of the City Code (cont. to 3/14/90 at the request of the applicant). 2. DR-89-116 Blackwell, 21357 Diamond Oaks Ct., request for V-89-051 design review approval to construct a new 5216 sq. ft. two-story residence in the NHR zone district pursuant to Chapter 15 of the City Code. Variance approval is also.requested to allow the proposed home to be built at a location which exceeds 30% slope (cont. to 3/28/90 at the request of the applicant). 3. DR-89-026 Yam, 22010 Quarry Rd., request for design review approval to construct a two-story single family dwelling and cabana totaling 6379 sq. ft. in the NHR zone district per Chapter 15 of the City Code (cont. from 2/14/90). 4. DR-89-016 Mason, 13625 Cocciardi Ct., request for design review approval to construct a two-story, 4893 sq. ft. single family'dwelling in the NHR zone district per Chapter 15 of the City Code. 5. LL-89-007 Thurner, 19931/20011 Bella Vista Ave., request for lot line adjustment approval to transfer approximately 0.0322 acres from parcel 397-20-70 to parcel 397-20-23 per Chapter 14 of the City Code. Commissioner Harris requested removal of Public Hearings Consent Calendar Item 3. Commissioner Moran requested removal of Public Hearings Consent Calendar Item 5. KOLSTAD/BURGER MOVED APPROVAL OF CONSENT CALENDAR ITEM 4. PLANNING COMMISSION MEETING Page 3 February 28, 1990 PUBLIC HEARINGS CONSENT CALENDAR.Continued 3. DR-89-026 Yam, 22010 Quarry Rd., request for design review approval to construct a two-story single family dwelling and cabana totaling 6379 sq. ft. in the NHR zone district per Chapter 15 of the City Code (cont. from 2/14690). Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Harris questioned the technical information. She pointed out that page 1 of the report indicates a reduction from 6341 sq. ft. to 6326 sq. ft. but on page 11 the structure is listed at 6379 sq. ft. Planning Director Emslie responded that the architect calculated the square footage slightly differently and staff has corrected that. The figure of 6326 sq. ft. on page 1 is correct. The technical information on page 11 was corrected by the memorandum. The Public Hearing was opened at .7:44 p.m. The Applicant was present and did=not wish to address the Planning Commission. There was no one else present who wished to speak. MORAN/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 7.:45 P.M. Passed 7-0. = MORAN/BURGER MOVED TO APPROVE DR-89-026 PER THE MODEL RESOLUTION. Passed 7-0. 5. LL-89-007 Thurner, 19931/20011 Bella Vista Ave., request for lot line adjustment approval to transfer approximately 0.0322 acres from parcel 397-20-70 to parcel 397-20'23 per Chapter 14 of the City Code. ~ Commissioner Moran stepped down On this item as she lives nearby. The Public Hearing was opened at 7:45 p.mo HARRIS/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Passed 6-0. TAPPAN/BURGER MOVED TO APPROVE LL-89-007 PER THE MODEL RESOLUTION. Passed 6-0. Commissioner Moran was reseated on the Planning Commission. PLANNING COMMISSION MEETING Page 4 February 28, 1990 PUBLIC HEARINGS: 6. SD-89-018 Tassara, 19171 Oahu Ln., request for tentative map approval to create a two-lot subdivision in the R- 1-15,000 zone district per Chapter 14 of the City Code. Parcels would measure 16,738 sq. ft. and 21,978 sq. ft. Commissioner Kolstad stepped down on this item as he lives within 500 feet of the property. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 7:50 p.m. A representative for the Applicant addressed the Planning Commission. He indicated the Applicant is open to suggestions and is discussing the drainage issue with his engineer and the City Engineer. Mr. Willie McAllister, 19170 Portos Dr., addressed the Planning Commission. Mr. McAllister expressed his concerns regarding privacy, he would prefer the house as a single story house, and would like to see the fence height controlled. Mr. Jack Stevenson, 13514 Wendy Lane, addressed the Planning Commission. He said he would be concerned if the drainage were to require that the lot be raised three feet as it would destroy the privacy of his lot. Mr. Stevenson also expressed concern regarding the suitability of the flag lots as there seems to be a large concentration of flag lots in the neighborhood. Ms. Marti Northrup, 19160 Portos Drive, addressed the Planning Commission. She said she would not like to see the lot raised as she did not believe that would be the best answer. A neighbor residing at 19150 Portos Drive addressed the Planning Commission. He said his concerns are similar to the other neighbors' concerns. Ms. Carolyn Metz, 13530 Wendy Lane, addressed the Planning Commission. She said she shares the same concerns regarding privacy, raising of the lot and the height of the fence. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:02 P.M. Passed 6-0. PLANNING COMMISSION MEETING Page 5 February 28, 1990 PUBLIC HEARINGS Continued Commissioner Burger said she would prefer not to see the fill brought in and the back lot raised. She said she does not have a concern about the creation of the flag lot. Regarding the design review, Commissioner Burger commented she would like to see the homes limited to one story but would like to see that effected by limiting the height rather than limiting one story homes. Commissioner Harris concurred with Commissioner Burger's comments. TUCKER/HARRIS MOVED TO CONTINUE SD-89-018 TO MARCH 14, 1990 WITH A STUDY SESSION ON MARCH 6, 1990.' Passed 6-0. Commissioner Kolstad was reseated on the Planning Commission. 7. V-89-047 Hayden, 20125 Guava Ct., request for variance for a 2 ft. reduction=in the 10 ft. side yard setbacks to build a 160 sq. ft. addition to a single family dwelling in the R-1-10,000 zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 8:05 p.m. Mr. Mike Hayden, 20125 Guava= Ct., addressed the Planning Commission. He indicated the Staff Report and the letter sent by a neighbor explain the situation. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:08 P.M. Passed 7-0. Commissioner Tucker stated she has a problem with the application. The Applicant and Staff Report indicate the addition could be put towards the back and in a u-shape which Commissioner Tucker felt would not be impactful. She said she has trouble making a variance finding. Commissioner Burger indicated that one of the factors which stood out in her mind when she looked at the lot was that the neighborhood is well established and the granting of a variance would result in less intrusion onto the neighbor's privacy. It seems the Applicant has designed. the addition to have the least impact on any neighbors. Granting of the variance would result in less of a neighborhood impact than if the Applicant went out to the rear of the property. PLANNING COMMISSION MEETING Page6 February 28, 1990 PUBLIC HEARINGS Continued Commissioner Harris stated it was.unusual to make a finding in that way but did not think it woul~ constitute a grant of special privilege in that the Applicant.is being so considerate of the neighbors. Commissioner Burger commented that it is an unusual way to look at a variance but the practicality is that the addition was designed so it does not impact the neighbors. Commissioner Tucker pointed out that this is currently a single- story home but there are more frequent requests from applicants requesting remodels to two stories. There would be two two- story homes and there would not be the proper side yard setbacks which is a concern to her. Chairperson Siegfried said he is intrigued by the thought that the Planning Commission might be able to make variance findings in established neighborhood on the basis that the variance has less impact than other options. BURGER/HARRIS MOVED TO APPROVE .V-89-047 PER THE STAFF REPORT. Passed 5-2; Commissioners Moran and Tucker dissenting. 8. V-89-048 Edfelt, 19355 Ranfre Ln., request for variance approval to allow a proposed 183 sq. ft. addition to encroach 2 ft. into the required 12 ft. side yard setback within the R-l-15,000 zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at'8:12 pom. Mr. Ralph Edfelt, Applicant, addressed the Planning Commission. He indicated he discussed the proposal with his neighbors and building toward the rear would have the same privacy interference as would the property in the previous application (Item 7). He said he worked with his designer to consider other options and talked with the neighbors and the best solution is the one proposed. MORAN/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:16 P.M. Passed 7-0. PLANNING COMMISSION MEETING Page 7 February 28, 1990 PUBLIC HEARINGS Continued Commissioner Burger said she sees no difference in this variance application and previous application for the exact same reasons. The Applicant has specifically designed the addition to reduce or eliminate impact on the neighbor.' BURGER/KOLSTAD MOVED TO APPROVE V-89-048 WITH THE SAME FINDINGS AS THE PREVIOUS APPLICATION (V-89-047). Passed 4-3; Commissioners Harris, Moran and Tucker dissenting. Commissioner Tucker indicated for the record that she opposed this application for the same reasons indicated in the previous application. Chairperson Siegfried moved the agenda to item 10 as the parties for item 9 were not yet present. 10. DR-89-074 Wu, 18836 Ten Acres Rd., request for design review SM-89-015 approval to construct a new 5995 sq. ft. two-story residence within the R-i-40,000 zone district per Chapter 15 of the City Code. Site modification approval is requested to allow the building footprint to exceed the building pad boundary represented on the tentative map, and to allow a portion of the structure to exceed 22 ft. in height. A pool and a tennis court are also part of the application. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 8:20 p.m. Ms. Virginia Fanelli addressed the Planning Commission on behalf of the Applicant and reviewed the application in detail. She indicated the Applicant has agreed to remove the gazebo from their plans. Ms. Fanelli explained that the extended parking area, which is to the very back of the garages, was made a part of the plan in order to provide guest parking. The driveway that leads to the property is an easement and not part of the lot and therefore parking is unsuitable on the easement. Guests would have to park on the cul de sac and walk to the home via the driveway. This area contributes 79 cubic yards to the Cut on the site and the Applicant · would like to keep the parking area. Ms. Fanelli displayed the site plan and pointed out the parking area on the plan. In discussing the tennis court, Ms. Fanelli stated that the tennis court is second in importance only to the new home to the PLANNING COMMISSION MEETING Page 8 February 28, 1990 PUBLIC HEARINGS Continued Applicant. Ms. Fanelli distributed a letter from Mr. Paul Nowack, part owner of the adjacent lot, recommending approval of this proposal. At Commissioner Harris' request, 'Ms. Fanelli reviewed the grading figures. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:30 P.M. Passed 7-0. Commissioner Moran stated she is .concerned about the fill and the privacy issues regarding the tennis court and requested that staff review the new proposal and analyze the impacts. Commissioner Harris pointed out that Mr. Nowack, in his letter, stated he would prefer that the tennis court be lowered from a privacy point of view. She said she had a problem with the figures for the lower one. There was consensus that the main concern of the Planning Commission is the tennis court. Commissioner Kolstad stated he is not concerned about the tennis court itself but is concerned about privacy of the Showers. Planning Director Emslie indicated he spoke with Mr. Showers who intended to attend this meeting. Since the item will be continued, Mr. Showers will have the opportunity to review and comment later on the proposal. MORAN/HARRIS MOVED TO CONTINUE DR-89-074AND SM-89-015 TOMARCH 14, 1990. Passed 7-0. Break 8:35 p.m. - 8:45 p.m. , Chairperson Siegfried moved the agenda back to item 9. 9. V-90-003 Cali-DelMonaco, 14510 Big Basin Way, request for variance approval to allow expanded outdoor dining at the Florentine Trattoria Restaurant without providing additional off-site parking spaces per Chapter 15 of the City Code. The restaurant is located within the Village Square retail center in the CH-1 zone district and is part of Parking District No. 4. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. PLANNING COMMISSION MEETING Page 9 February 28, 1990 PUBLIC HEARINGS Continued The Public Hearing was opened at 8:50 p.m. Mr. Gene Zambetti addressed the Planning Commission on behalf of the Applicant. He indicated Mr. DelMonaco is not present as he recently underwent major surgery;2Mr. Cali is not present as he is out of town. Mr. Zambetti reviewed the application in detail° He requested a continuance in order that the Planning Commission might review this application further. In response to a question from Commissioner Burger regarding customer reaction to the current outdoor dining policy where tables indoor are roped off when outdoor dining is taking place, Luigi, the manager of the restaurant, said he explains the policy to the customers and some customers will wait for a table and some will not. Mr. Willem Kohler, 21842 Via Regina, addressed the Planning Commission and indicated he is supportive of outdoor dining in Saratoga and if outdoor dining could be accommodated it would give more character to downtown Saratoga. Mr. Tom Hawkins, President of the townhome association which is directly behind the restaurant, spoke on behalf of the residents of the townhouses. Mr. Hawkins indicated that on weekends there is gridlock in the parking lots and in the summertime the carbon monoxide drifts up into the townhouses in the adjacent areas. He pointed out that the townhomes paid for 12 parking places in Parking District No. 4 and on weekends when the spaces are needed for residents' guests they are taken by customers of the restaurant and frequently Trattoria's trucks are using the spaces. Mr. Hawkins also stated that frequently it is difficult to turn left from Big Basin down Fourth Street because of traffic backed up waiting to get into the parking places. Mr. John DiManto addressed the Planning Commission. He said he would like to reserve his comment to agreeing totally with the Staff Report and recommended that the possibility of precedent setting should be referred to Legal staff to consider it. He stated if the Planning Commission. is going to approve this type of a variance, guidelines need to be set up for square footage percentage indoors equals so many seats (not tables) outdoors. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:12 P.M. Passed 7-0. Commissioner Tappan said he had no problem continuing the matter particularly in light of the fact that Mr. DelMonaco and Mr. Cali could not be present. PLANNING COMMISSION MEETING Page 10 February 28, 1990 PUBLIC HEARINGS Continued Commissioner Harris stated she concurs with the staff recommendation and cannot make the variance findings as it would be compounding a bad situation. Commissioner Tucker concurred with Commissioner Harris' comments. Commissioner Kolstad said he could not get a feeling for how bad the parking problem is and would'like to visit the site and look at it himself. Commissioner Tappan stated he sympathizes with the neighbor as he has tried to get onto to Fourth Street on a weekend evening and it is difficult and taking a left off of Big Basin could be a safety issue. Mr. Zambetti reiterated his request for a continuance in order that the Planning Director could meet with the City Attorney to see if there are any other parking credits they can accumulate. Chairperson Siegfried said he would vote no on this issue tonight and would continue to vote no on the variance request unless there is some reason it could be approved. He indicated he would like to find a way to promote outdoor dining as it is an attractive use of the property and helps promote the Village but there is a real traffic problem which needs to be solved. Commissioner Burger expressed concern regarding the restricted walkway and the physical limitations of the narrow walkway. Commissioner Moran agreed with the Mr. DiManto's comment indicating the Planning Commission should discuss chairs rather than tables and the staff analysis should reflect that. HARRIS/BURGER MOVED TO CONTINUE V-90-003 TOMARCH 28, 1990. Passed 7-0. 11. DR-89-129 Thorpe, 18611 Ambleside Ln., request for design review approval to construct a 1724 sq. ft. first and second story addition to an existing one-story home for a total ~f 4440 sq. ft. in the R-i-40,000 zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. Commissioner Kolstad reported on the land use visit. The Public Hearing was opened at 9:18 p.m. PLANNING COMMISSION MEETING Page 11 February 28, 1990 PUBLIC HEARINGS Continued The Applicant addressed the Plan~ing Commission and reported they are working with the architect and are working on other alternatives to address the staff concerns. Commissioner Moran stated she is concerned that the house will look excessively bulky from the rear. It already has a two-story appearance at the place where a second story is proposed which would then give it a third story appearance. She said she would like to get more accurate measurements of the underfloor area. Commissioner Moran said she also felt the pullback from the right should be 10 ft. in order to get the house more compatible with the neighborhood. She indicated she has no problem with the notion of adding to the house but the dormer windows on the second floor seem to be excessive and the palladium windows on the garage and in the left hand end of the house need attention. Commissioner Moran also pointed out that the end facing the neighbor's garage needs some help and suggested a window in the bedroom. She did not feel privacy was an issue since the setbacks are so far. Commissioner Kolstad stressed that the house could look like a three-story from the back. KOLSTAD/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:25 P.M. Passed 7-0. HARRIS/KOLSTAD MOVED TO CONTINUE DR-89-129 TO MARCH 28, 1990. 12. SD-88-010.1 Value Design Homes, Mt. Eden Road, request for modification of conditions of an approved two-lot subdivision to allow the construction and grading of the equestrian trails after the final map approval. The Site is located in the NHR zone district north tO DeMartini subdivision. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. The Public Hearing was opened at 9:27 p.m. Mr. John Rintala, Value Design= Homes, addressed the Planning Commission and reviewed the application. Mr. William Brooks, 20230 Merrick, representing the Ad Hoc Committee for Equestrian Trails, addressed the Planning Commission. He said he has no basic disagreement with the proposal. However, he expressed concern that if the trails are put in at a later date whoever purchases the parcel should be made aware at the time of PLANNING COMMISSION MEETING Page 12 February 28, 1990 PUBLIC HEARINGS Continued closing that the trails will go in prior to the building permit and in conjunction with a grading permit. Mro Brooks also expressed concern regarding the safety issue of a 30% slope. MORAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:39 P.M. Passed 7-0. HARRIS/MORAN MOVED TO APPROVE SD-88-010.1 PER THE MODEL RESOLUTION. Passed 7-0. 13. DR-89-079 Nagi-Pesic, 21433 Tollgate Rd., a request for design review approval to construct a two-story 5019 sq. ft. single family dwelling in the NHR zone district per Chapter 15 of the City Code (cont. from 1/10/90) Planning Director Emslie reported that the Planning Department has grave concerns regarding the design and has recommended that the Planning Commission deny the application without prejudice. The Applicant contacted staff and requested a continuance to July 25, 1990 to allow them to complete 2revisions. Staff finds that a complete reworking of the plans is necessary and would continue to recommend that the plans be denied without prejudice. Planning Director Emslie stated the Applicant was informed of the staff recommendation. The Public Hearing was opened at 9:37 p.m. The Applicant was not present. HARRIS/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:37 P.M. Passed 7-0. In response to a question from Commissioner Tucker, Planning Director Emslie stated that the Applicants have had difficulty with their architect who has been out of the country and has been ill and has been unable to discourse with them and the staff on this application. Planning Director Emslie said he had no problem with the continuance but felt the plansneed complete renovation and the Applicant would basically have to start from scratch. That could be done with a continuance but if the matter is continued for another four or five months the process would probably start all over again and a new application ~ee should be collected. City Attorney Toppel stated he agrees with Planning Director Emslie in terms of the time and that concerns. him. If the matter is continued until July it will be a year since the application was filed. City Attorney Toppel also stated if there is a complete PLANNING COMMISSION MEETING Page 13 February 28, 1990 PUBLIC HEARINGS Continued reworking of the plans then staff 'is starting from scratch also and questioned the appropriateness of' the Applicant "riding along for free" under those circumstances. MORAN/TAPPAN MOVED TO DENY DR-89-079 WITHOUT PREDJUDICE. Passed 7-0. 14. City Council request for Planning Commission review and recommendations regarding additional development controls presented by staff at the February 7, 1990 City Council meeting. Planning Director Emslie presented the Report to the Planning Commission dated February 28, 1990. City Manager Peacock presented a detailed report regarding the proposal. In response to questions from Chairperson Siegfried, City Manager Peacock explained that the proposal was in response to an amendment to the California'Environmental Quality Act (CEQA) regarding mitigation monitoring plan requirements. Two new sections were added to CEQA which state that any time there is a discretionary project approved by a city the city has a responsibility to assure that the development process is done in such a way that those measures are at all times adhered to. It requires the city certify that all of the environmental conditions are being met and that the project is being developed in such a way that the process itself does not impose any kind of environmental problem. Discretionary project is defined as any project which requires either a negative declaration or an environmental impact report which has mitigation measures. This proposal was in process before the Cocciardi indicent occurred° Lengthy discussion ensued wherein Planning Commissioners' questions were answered regarding the proposal. The Public Hearing was opened at 10:40 p.m. Mr. Willem Kohler addressed the Planning Commission in support of the proposal. Ms. Luann Niemann, 13217 Padero Court, addressed the Planning Commission. She stated she did not feel the current inspection process is adequate and needs to be changed. TAPPAN/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 10:57 P.M. Passed 7-0. Chairperson Siegfried said he did not have a great deal of trouble with most of the recommendationsibut he said he read through the PLANNING COMMISSION MEETING Page 14 February 28, 1990 PUBLIC HEARINGS Continued recommendations from the perspective of a Cocciardi kind of problem rather than some of the other issues. There was Planning Commission consensus to discuss the matter further at the Work Study Sesslon on March 6. The Planning Commissioners requested that Pl=anning Director Emslie provide further information regarding the proposal. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects. COMMISSIOM ITEMS COMMIINICATIONS ~rit~en 0ral ..ADJOURNMENT The meeting of the Planning CommiSsion was adjourned at 11:13 p.m. Respectfully submitted, Rebecca Cuffman