Loading...
HomeMy WebLinkAbout03-28-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: March 28, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Burger, Moran, Tappan, and Tucker. Commissioners Harris and Kolstad were absent. Pledge of Allegiance Approval of Minutes of March 14, 1990: Commissioner Moran noted that on pages 5 and 7 the word "clerestory" was misspelled. BURGER/TUCKER MOVED TO APPROVE THE MINUTES OF MARCH 14, 1990 AS AMENDED. Passed 4-0; Chairperson Siegfried abstained. ORAL COMMUNICATIONS: Mr. E. T. Barco addressed the Planning Commission. He indicated that he addressed the Planning Commission several weeks ago concerning an executive directive regarding the Fifth Amendment. He said he received a copy of the directive and concluded that there is nothing in it that would be of concern to the City or the Planning Commission at this time. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on March 23, 1990. Technical Corrections to Packet Material: Planning Director Emslie noted that the square footage figures for item 4, DR-89-126 (Dicar), should read a total of 6728. The breakdown would be as follows: upper floor 1695; lower level 3941; and the garage 1091. PLANNING COMMISSION MEETING March 28, 1990 Page 2 PUBLIC HEARINGS CONSENT CALENDAR:. 1. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design review approval to construct a 1262 square-foot first and second story addition to an existing one- story home for a 'total of 3865 square feet in the R-1-12,500 zone district per Chapter 15 of the City Code (cont. to 4/11/90 at the request of the applicant). 2. DR-90-001 Fireman, 13385 Surrey Lane, request for design review approval to construct a 2127 square-foot first and second story addition to an existing one story home for a total of 5261 square feet in the R-I-40,000 zone district per Chapter 15 of the City Code (cont. from 3/14/90). 3. DR-89-121 Chang, 12500 De Sanka Ave., review of revised plans to construct second story addition to an existing one-story home resulting in a 2907 square-foot residence in the R-l-10,000 zone district (cont. from 2/14/90 Planning Commission and 3/6 and 3/20/90 study sessions). 4. DR-89-126 Dicar, 14591 Deer Springs Ct., request for design review to construct a new two-story, 6708 square- foot single family dwelling in the NHR zone district per Chapter 15 of the City Code. 5. 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 (withdrawn). Chairperson Siegfried requested removal of Public Hearings Consent Calendar Item 2. Commissioner Tucker requested removal of Public Hearings Consent Calendar Item 4. TUCKER/MORAN MOVED APPROVAL OF CONSENT CALENDAR ITEM 3. PasSed 5-0. PLANNING COMMISSION MEETING March 28, 1990 Page 3 PUBLIC HEARINGS CONSENT CALENDAR'Continued 2. DR-90-001 Fireman, 13385 Surrey Lane, request for design review approval to construct a 2127 square-foot first and second story addition to an existing one story home for a total of 5261 square feet in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from '3/14/90). Chairperson Siegfried requested removal of this item because the applicant is a neighbor and stepped down on this item. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. The Public Hearing was opened at 7:42 p.m. The applicant was present and did not wish to address the Planning Commission. MORAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:42 P.M. Passed 4-0. MORAN/TAPPAN MOVED TO APPROVE DR-90-O02. Passed 4-0. Chairperson Siegfried was reseated on the Planning Commission. 4. DR-89-126 Dicar, 14591 Deer Springs Ct., request for design review to construct a new two-story, 6728 square- foot single family dwelling in the NHR zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. The Public Hearing was opened at 7:45 p.m. The designer of the property was. present. Chairperson Siegfried informed him there appeared to be a problem with the application since there was a correction from the staff indicating that the square footage of the home is 6728 which is in excess of the code allowance of 6390. Unless there is an adjacent open space it would require a variance finding to grant a house of that size. Chairperson Siegfried continued the item until later in the meeting in order for staff to recalculate the figures. Chairperson Siegfried return to this item after the completion of item 6. PLANNING COMMISSION MEETING March 28, 1990 Page 4 Planner Adar stated that there was an error in the allowable floor area, which is 6750. The figures before the Planning Commission are below the allowable floor area. Commissioner Tucker questioned the multi-level wood view deck near the pool. The designer responded'that at no point is the deck over two feet and the multi-levels are used because the deck is on a slope. Commissioner Burger reported on the land use visit. TUCKER/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Passed 5-0. Commissioner Moran stated the carport is outside the spirit of the ordinances regarding carports and has the appearance of being an extension of the garage. She indicated she has no other problems with the house and feels it is compatible with the neighborhood. BURGER/MORAN MOVED TO APPROVE DR-89-126 PER THE MODEL RESOLUTION. Passed 5-0. : PUBLIC HEARINGS: Chairperson Siegfried noted staff has made a strong recommendation regarding item 13 as there were specific conditions put on its approval. Staff suggested that the item be continued in order for the applicant to meet these conditions. The applicant was present and indicated that he could meet the 4,000 square-foot requirement. Chairperson Siegfried stated this item would be heard in turn. 6. SD-88-008 Rogers & Brook, San Marcos Heights Subdivision, per the subdivision condition of approval, the applicant submitted equestrian/pedestrian trail system plan, at the subdivision area, for consideration and approval (cont. from 3/14/90). Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. The Public Hearing was opened at 7:52 p.m. Ms. Virginia Fanelli was present for the applicant. She commented that the staff recommendation that the trail be continued through Lot 36 was discussed at the last meeting. She indicated the applicant did not mind extending the trail, but the trail would run into the Gypsy Hill Subdivision and would lead into somebody's back yard. PLANNING COMMISSION MEETING March 28, 1990 Page 5 PUBLIC HEARINGS Continued Mr. Bob Swanson, 19305 Crisp ~venue, addressed the Planning Commission. He said he made comments about the trail at the last meeting but wanted to address the Planning Commission regarding the design of emergency access. He requested that the design of the emergency access be such that it would be impractical for somebody to later bring up the issue of connecting the cul de sacs. Chairperson Siegfried noted receipt of a letter from Vera Jean Hecker regarding the issue raised by Mr. Swanson. Ms. Fanelli restated Mr. Swanson's request that the right of way be narrowed in between the cul de sac for the access to service the Fire District's needs for emergencies but not to allow the potential for a road to be connected. She indicated the applicant does not have a problem with that request and whatever staff and the Fire Department agree to as the needed access will be acceptable. BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. Passed 5-0. Commissioner Burger stated she is having a problem with bringing the trail through Lot 36 and it seems that it makes more sense to continue it along the road where it would hook up to Gypsy Hill Subdivision. She requested Planning Director Emslie's clarification of where the trail would end. Planning Director Emslie indicated the trail deadends at the scenic easement that is dedicated in the Gypsy Hill Development. The easement does not provide for a trail and this would not connect with a developed trail or a planned trail. It is consistent with the trails planned for this area and it is recommended that it connect to the property lines on. the chance that there will some day be a trail that might connect with it through the open space easement. He reminded the Planning Commission that the easement is private, is over private property and is restricted from building. There is not an imminent possibility that there will be a trail through the easement but the possibility does exist and some linkage is recommended. Commissioner Burger expressed concern that the trail may be an attractive nuisance since the trail may end against someone's back yard. Chairperson Siegfried questioned whether the Planning Commission could ask the developer for the equivalent cost for developing the trail and discussion ensued. PLANNING COMMISSION MEETING March 28, 1990 Page 6 PUBLIC HEARINGS Continued BURGER/MORAN MOVED TO APPROVE SD-88-008 AMENDING CONDITION 3 TO INSTALL SURFACE MATERIAL THROUGH LOT 36 BUT NOT COMPLETE THE TRAIL THROUGH LOT 36 AT THIS TIME. THE DEVELOPER SHALL CONTRIBUTE DIFFERENTIAL BETWEEN THE FENCED TRAIL AND THE GRADED TRAIL TO THE CITY PRIOR TO RECORDATION OF THE FINAL MAP Passed 5-0. The Planning Commission expressed concern regarding emergency access. Staff was directed to return to the Planning Commission at the appropriate time with a condition that will narrow the property lines and the right of way in such a way that would require an actual taking of the. property to make that a public street. Chairperson Siegfried returned to item 6 (see above). 7. SD-89-018 Tassara, 19171 Oahu Ln., request for tentative map approval to create a two-lot subdivision in the R-l-15,000 zone district per Chapter 14 of the City Code. Parcels would measure 16,738 square feet and 21,978 square feet (cont. from 3/14/90). Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. The Public Hearing was opened at28:19 p.m. The designer of the property requested conditions K and O be dealt with by the Architectural Review Committee. BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:24 P.M. Passed 5-0. Planning Director Emslie reviewedthe reasons for the inclusion of conditions K and O. Commissioner Burger said she agrees with staff and would not favor removal of conditions K and O. Chairperson Siegfried expressed concern that condition O would limit the applicant in terms of flexibility for the site. Planning Director Emslie suggested insertion of language to allow the Planning Commission flexibility to modify the standard during design review. Commissioner Moran stated she is'in favor of retaining condition K. She agreed that this is a sensitive area and the privacy needs of the neighbors should be considered and does not have a problem with condition O. PLANNING COMMISSION MEETING MarCh 28, 1990 Page 7 PUBLIC HEARINGS Continued BURGER/TUCKER MOVED TO APPROVE .SD-89-018 PER THE STAFF REPORT ADDING A CLAUSE THAT CONDITION O WOULD STAND UNLESS MODIFIED BY THE PLANNING COMMISSION AT THE DESIGN REVIEW. Passed 5-0. 8. DR-89-129 Thorpe, 18611 Ambleside Ln., request for design review approval to construct a 1724 square-foot first and second story addition to an existing one- story home for a ~total of 4440 square feet in the R-l'40,000 zone district per Chapter 15 of the City Code (cont. from 2/28/90). Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. The Public Hearing was opened at '8:29 p.m. The applicant was present and did not wish to address the Planning Commission. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 P.M. Passed 5-0. TAPPAN/MORAN MOVED TO APPROVE DR-89-129 WITH A CONDITION THAT LANDSCAPING BE ADDED. Passed 5-0. 9. DR-89-116 Blackwell, 21357 Diamond Oaks Ct., request for V-89-051 design review approval to construct a new 5216 square-foot 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. from 2/28/90). Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 8:34 p.m. Mr. William Heiss appeared for the applicant and stated the applicant is in agreement with the staff report. MORAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. Passed 5-0. Commissioner Moran stated that because of the long rear elevation, which appears to be three stories, she would like to see some trees planted along the rear elevation. PLANNING COMMISSION MEETING March 28, 1990 Page 8 PUBLIC HEARINGS Continued BURGER/TAPPAN MOVED TO APPROVE V-89-051 PER THE STAFF REPORT. Passed 5-0. BURGER/TAPPAN MOVED TO APPROVE DR-89-116 PER THE STAFF REPORT WITH THE CONDITION THAT LANDSCAPING BE ADDED AT THE REAR OF THE HOME SUBJECT TO STAFF APPROVAL. Passed 5-0. 10. DR-89-098 Osbourne, 13436 Pierce Rd., request for design SM-89-016 review and site modification approval for a new 6870 square-foot.two-story single family home in the NHR zone district per Chapter 15 of the City Code. Site modification approval is requested to allow the location of the building site at the upper portion of the lot, per the subdivision condition of approval. Chairperson Siegfried stepped down during discussion of this item as he lives close to this site. Commissioner Moran reported on the land use visit. Planning Director Emslie presented the Report to the Planning commission dated March 28, 1990. The Public Hearing was opened at 8:43 p.m. Mr. William Young, 21400 Saratoga Hills Rd., appeared for the applicant. Mr. Young reviewed the application in detail. In response to a question from Chairperson Tucker relative to staff concerns regarding the improvements, Mr. Young stated those concerns affect the subdivision not this lot. Planning Director Emslie indicated that staff is suggesting that the Planning Commission be given the option of connecting the building permits or final approval to satisfactory completion of the improvements as there is a concern about the satisfactory completion of the subdivision improvements. The City has had concerns about the timely completion of these improvements in the past and one method for consideration is tying completion of the improvements to the final building permit or occupancy in order to ensure the improvements will be completed. Commissioner Burger expressed concern that the Planning Commission did not attach this requirement to the other lots in the subdivision. PLANNING COMMISSION MEETING March 28, 1990 Page 9 PUBLIC HEARINGS Continued Planning Director Emslie responded that the suggestion was made because of the concerns from the adjoining neighbors which have developed since the other two lots were approved and is suggested as an added safeguard to assure the improvements are completed. Mr. John Osbourne, applicant, addressed the Planning Commission. He stated he understands the concerns addressed and stated he did not know what he could do to solve=the situation and suggested that the subdivider of the lot be made responsible for the improvements. City Attorney Toppel stated that a problem exists and stated if the condition were imposed the applicant would have recourse against the original subdivider. The condition was a condition of the subdivision and this requirement is in response to recent events and concerns that have been expressed regarding making sure subdivision improvements are completed. It is up to the Planning Commission to decide whether it is appropriate to impose the condition in this context. City Attorney Toppel emphasized that the requirement for improvement on Pierce Road and the bridge was a condition of the tentative map and it would not have been possible to do that work until thecoming building season and there is no reason at this point to believe the work will not be done. Planning Director Emslie said .that construction could occur concurrently with the improvements and did not believe the building permit should be withheld until satisfactory completion of improvements. However, he did believe that final occupancy should be tied to completion of the improvements in order the ensure a problem will not occur later. In response to a question from Commissioner Burger, City Attorney Toppel indicated that the subdivider has entered into an agreement with the City to perform the work and has put up a surety bond as security to assure that the work is done. Commissioner Burger questioned why a condition is being placed on approval in a situation where a problem may not exist° Commissioner Moran stated that the improvements on Pierce Road are necessary as a safety consideration. Mr. Steve DeKetzer, 13415 Pierce Road, addressed the Planning Commission. He commented that he is assuming that it is safe to build a house on the site but woul'd be in favor of moving the house from the original plan as far away from his home as possible which would also keep the character of,Pierce Road. Mr. DeKetzer also pointed out that the traffic situation on Pierce Road is very PLANNING COMMISSION MEETING March 28, 1990 Page 10 PUBLIC HEARINGS Continued serious and it is a dangerous road. The road should be widened 1-1/2 feet and the corners should be cut off in order to see around them. Mr. William Heiss addressed the Planning Commission. He stated that he did not see how Mr.' Osbourne could effect these improvements, and the City should deal with the developer. Mr. Osbourne reiterated that if the Planning Commission is looking for a way to ensure the improvements are completed he suggested putting the restriction on the developer. City Attorney Toppel stated that when the subdivider requests final approval on his house if the improvements are not done the City will be looking at the situation and will probably seek to find a way to withhold final approval. MORAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:11 P.M. Passed 5-0. Commissioner Burger said she has no problem with the design review on the home and is in favor of the'site modification as it provides visual relief along Pierce Road~ and helps to retain the rural atmosphere. Regarding staff's suggested condition, she said she would like to see that condition reflected at the final on the lot that is currently being built on' by the subdivider and that the subdivider will get no final occupancy permit on his home until the improvements are made on Pierce Road° Commissioner Moran indicated her concerns regarding the safety issues on Pierce Road. The lot is on the curve and it is very difficult to get in and out of the lot. She said she would be in favor of some provisions that' would assure that both the improvements on the road and the construction of the house are done simultaneously. Chairperson Tucker stated she would like for staff to relate the Planning Commission's safety concerns to the subdivider, and she concurs with Commissioner Burger~s comments. She requested that the Planning Commissioner consider a condition stating that the detached garage will not be used as a second unit. Commissioner Tappan commented that he understood staff's concerns. He said he felt it is too late to condition final approval on the lot presently under construction. He agreed with staff i.n that the improvements should be concurrent and that before a final is issued for occupancy of this structure that the improvements to Pierce Road be completed. PLANNING COMMISSION MEETING March 28, 1990 Page 11 PUBLIC HEARINGS Continued Commissioner Tucker said she felt she did not know what that condition would solve as it looks'like it is putting the applicant in a bind to do the City's bidding since the City entered into an agreement with the subdivider not this developer. Commissioner Moran stated she did not like to see the increasing amount of traffic on Pierce Road without street improvements being completed first. Commissioner Burger indicated that the surest and quickest way to get the improvements completed is to say to the individual. responsible for the improvements that he cannot live in his house until the improvements are made. Commissioner Burger said if the Planning Commission is at a deadlock on this issue she would not be in favor of holding up approval on the application for that reason alone and would vote for 2the approval on the application with the condition on the applicant° However, Commissioner Burger stated she would not make the motion to this effect and would want staff to contact the subdivider immediately to begin work. Planning Director Emslie suggested that the important part is to get the improvements started and diligently pursued. Staff will communicate the Planning Commission's concerns to the subdivider and report back in writing in two weeks as to the schedule for improvements in order to have a commitment from the developer for the completion of the improvements on the record. MORAN/TAPPAN MOVED TO APPROVE SM'89-016 PER THE MODEL RESOLUTION. Passed 4-0. MORAN/TAPPAN MOVED TO APPROVE DR-89-098 WITH THE CONDITION THAT THE GARAGE NOT BE USED AS A SECOND UNIT AND THAT STAFF BE DIRECTED TO REPORT BACK TO THE PLANNING COMMISSION IN WRITING WITH THE SCHEDULE FOR THE IMPROVEMENTS AND THAT THE IMPROVEMENTS BE INITIATED AND PURSUED PRIOR TO ISSUANCE OF THE BUILDING PERMIT. Passed 4-0. Break 9:20 - 9:35 p.m. 11. DR-90-O06 Davies, 14629 Big Basin Way, request for design SD-90-001 review approval to construct a one-story 1453 UP-90-001 square-fOot office building located within the CH-2 zone district. Building site approval is necessary to demolish an existing aged residence and construct an entirely new structure at this location. Use permit approval is also requested to allow professional~ office space located at street level and having street frontage within the Commercial Historic zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING March 28, 1990 Page 12 PUBLIC HEARINGS Continued Chairperson Siegfried was reseated on the Planning Commission. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. Commissioner Moran reported on the land use visit. Chairperson Siegfried noted receipt of a letter from Anne Wagner expressing concerns about the proposed office building. The Public Hearing was opened at 9:38 p.m. Ms. Kate Schmidt addressed the Planning Commission on behalf of the applicant. She stated the 26-foot height is needed to enhance the historic character of the building to allow for the pitch of the roof. She said the applicant does not want to impose on the neighbors and is willing to use obscure glass on the east elevation or to construct a higher fence. Ms. Anne Wagner, 14611A Big Basin Way, addressed the Planning Commission. With reference to the grade, Ms. Wagner commented that when standing in her back yard thegrade is significantly different from the house next door. She indicated the proposed office building would be 4 feet back from the fence and would be about 29 feet high. The building is to the west of her home and would cause her to lose the sunlight in 'the middle of the afternoon. Ms. Wagner stated she is glad the' property is being developed but she has a problem with the sunlight, the height of the building and privacy. The resident of the unit next to Ms. Wagner addressed the Planning Commission. She circulated photos taken of the property. She expressed concern regarding the bulkiness and the height of the building. She summarized a letter she sent to the Planning Commission regarding the property. Ms. Mary Bosco, 14611D Big Basin Way, addressed the Planning Commission. She expressed concern regarding the height of the building and the slope of the lot.. She also expressed concern that other structures might be built on the property. Ms. Holly Davies addressed the Planning Commission. She said she felt the neighbors were overreacting in their appraisal of the proposal. She said she feels it is a conservative use of the property. : MORAN/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:00 P.M. Passed 5-0. PLANNING COMMISSION MEETING March 28, 1990 Page 13 PUBLIC' HEARINGS Continued Commissioner Tucker expressed concern with the height and the fact that the building is only 15 feet from the street. She said it appears the building will be higher than the other buildings in the area. She requested clarification from staff regarding the signage and expressed concern regarding whether the applicant would convert the attic space into a second story. Commissioner Burger shared the Concerns raised by Commissioner Tucker. She said it does appear 2there will be some impact to the neighbors next door as the building is close the fence on the eastern side and questioned the possibility of heavy landscaping in that area. Commissioner Tappan said he is familiar with the area, .and the neighbors are correct in that there probably is a 3-foot slope. He said he felt the building was, sensitively designed and agreed with the applicant's point that there are many more aggressive uses of this lot than this proposal.. He suggested that the Planning Commission request a detailed landscaping plan which would address the privacy issue. Chairperson Siegfried stated he felt the building was sensitively designed, but he is bothered that it is so close to the property line. He said he would like to see landscaping or a fence to address the privacy issue and would like to see the pitch of the roofline lowered. Commissioner Tappan said he is in favor of use of obscure glass, the building has been sensitively designed and would move for approval. Commissioner Moran stated she, too, is happy with the design but would like to see a smaller sign and landscaping. She said if a fence is used she would rather have an 8-foot fence that starts back in off the sidewalk. Commissioner Burger indicated she was not ready to vote on the proposal because she would like to see some modification to the roof and a landscaping plan. Ms~ Davies said the 8-foot fence and obscure glass could be easily accomplished. She indicated there is not room for landscaping as there must be room left for a 4-foot wide handicap access. TAPPAN/BURGER MOVED TO CONTINUE DR-90-006, SD-90-001 AND UP-90-O01 TO APRIL 11, 1990 WITH A STUDY SESSION ON APRIL 3. Passed 5-0. PLANNING COMMISSION MEETING March 28, 1990 Page 14 PUBLIC HEARINGS Continued 12. DR-89-123 Fryer, 14015 Saratoga Hills Rd., request for design V-89-049 review approval for a 940 square-foot single story addition to an existing one-story home in the R-1-40,000 zone district and a variance request for development on slopes over 30%, per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 10:20 p.m. Mr. Warren Heid, Architect, appeared for the applicant and stated the applicant has no problem with the conditions suggested by staff. He clarified on page 3 of the Staff Analysis the addition is 940 square feet not 1100 square feet and pointed out the existing kitchen on the drawings° BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:23 P.M. Passed 5-0. CommiSsioner Burger said she was in favor of the condition for landscaping and indicated the only concern the Land Use Committee had was the landscaping. BURGER/MORAN MOVED TO APPROVE V-89-049 PER THE STAFF REPORT. Passed 5-0. BURGER/MORAN MOVED TO APPROVE DR-89-123 PER THE STAFF REPORT ADDING A CONDITION REGARDING LANDSCAPING TO REDUCE PRIVACY IMPACTS SUBJECT TO STAFF APPROVAL AND THE STANDARD HORTICULTURAL REVIEW AND PROTECTION FOR THE TREES. Passed' 5-0. 13. DR-90-003 Sinsley Construction, 15229 Quito Road, request for design review approval for a new 4359 square-foot one-story single family dwelling in the R-1,40,000 square-foot zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990~ He said staff is taking the position that no building permit be issued until all conditions of the subdivision are complied with. The Public Hearing was opened at 10:25 p.m. PLANNING COMMISSION MEETING March 28, 1990 Page 15 PUBLIC HEARINGS Continued Mr. Sinsley, designer of the zhouse, addressed the Planning Commission. He expressed concern'regarding the restriction on the property. = Chairperson Siegfried explained that the property almost did not get approval for a split into three sites and the only way approval was granted was that the total square footage of the three structures not exceed the maximum allowed. He indicated there is a very tight restriction on this house and the other site to be developed. Lengthy discussion ensued regarding the restrictions on the property. = Mr. Sinsley indicated if a variance is not possible to reevaluate the 4000 square-foot house he could reduce the size of the house. Commissioner Burger said she has no trouble with home if it is reduced to 4000 square feet. She expressed concern regarding the greenbelt issue. Mr. Gene Zambetti, 14510 Big Basin Way, addressed the Planning Commission. He discussed the condition of the subdivision whereby the greenbelt would be planted according to the plans designed by the landscape architect. He. said landscaping was put in incorrectly and does not have proper irrigation. Mr. Zambetti also stated he had promised to the =neighbors and to the Planning Commission that there would be 'a delineation of the landscape easement. He requested that the Planning Commission direct the City Attorney to call in the cash bond and work with the code enforcement officer in order to get the work done. Mr. Philbrick addressed the Planning Commission and referred his letter. He said the greenbelt should be planted pursuant to the approved plan. Mr. Clark Beck addressed the Planning Commission regarding the greenbelt. BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:45 P.M. Passed 5-0. Planning Director Emslie stated the city is taking steps to enforce the conditions with the developer who subdivided the property but has been unsuccessful in effecting the implementation of the conditions. Chairperson Siegfried questioned whether a condition could be included indicating the work has. to be done before any building permits are issued and/or an appropriate coordination is worked out in order that the work is done. PLANNING COMMISSION MEETING March 28, 1990 Page 16 PUBLIC HEARINGS Continued ~ Commissioner Burger said she felt that the original conditions of the approval have not been met and until they are met to the satisfaction of the City no permits should be issued. City Attorney Toppel indicated the City could discuss obtaining the bond money and having it available once the work is finished and distributing the money to the party performing the work. He said the City would not undertake the responsibility of doing the work and said that the $5,000 may not be sufficient to cover the cost of the landscaping. He suggested'that Mr. Olsen be involved in the process regarding scheduling. The applicant said he would be wil21ing to be responsible for making sure the landscaping work is done. BURGER/TUCKER MOVED TO APPROVE DR-90-003 WITH THE CONDITIONS THAT THE HOME WILL BE REDUCED TO NO MORE THAN 4000 SQUARE FEET AND THAT NO PERMITS OF ANY KIND WILL BE ISSUED UNTIL ALL CONDITIONS OF THE ORIGINAL SUBDIVISION ARE SATISFACTORILY COMPLETED. Passed 5-0. 14. SD-87-008 Harbor Builders, 22631 Mt. Eden Rd., pursuant to conditions of SD-87-008, the Planning' Commission is required to review the street improvement plan for the development of an access road from Mt. Eden Rd. to the four-lot subdivision. The developer has prepared improvement plans for Commission consideration. Planning Director Emslie presented the Report to the Planning Commission dated March 28, 1990. He noted a letter which was received from Mr. Vince Garrod indicating the proposed improvements would destroy the rural character of the area. The Public Hearing was opened at 210:48 p.m. The engineer for the applicant addressed the Planning Commission~ Using an overhead projector, he pointed out the area of the development on a map. = Mr. william H. Perretti addressed the Planning Commission. He expressed concern regarding the plan stating it is an unreasonable interference of privacy and continues to open up the back yards to trespassers. He also indicated the natural landscape is not preserved, current erosion control standards are not incorporated, and the natural contours are not preserved. He suggested that the engineer's plans have been misused by the builders. He said the property owners were required. to=pay the developer approximately $200,000. The project is not complete and he said he felt the access should not be allowed until the required drainage project PLANNING COMMISSION MEETING March 28, 1990 Page 17 PUBLIC HEARINGS Continued is completed. He questioned if the money was spent and, if so, for what purposes. He said the neighbors would like the money back with any interest that has accrued. Mr. Dave Moss addressed the Planning Commission. He circulated pictures taken in his. back yard. He said he felt the applicant should be denied any further permits pending completion of the contract negotiated. City Attorney Toppel pointed out'the developer is not holding up the project. The City Council recently held a hearing to determine whether to go ahead notwithstanding jurisdiction of the Corps of Engineers but there did not seem to be a willingness to do that nor was there support from the community to do so. The City Manager has been in contact with the Department of Fish and Game as well as the Corps of Engineers in order to expedite the project. The City feels that the Corps of Engineers does not have jurisdiction in the matter and is attempting to deal with the Department of Fish and Game. He said Mr. Perretti advised him that fencing along Quarry Road had not been installed, and he will follow up on that matter. Regarding the landscaping, the objective of the City is to do some planting for the next rainy season. Mr. Scott Cunningham, 14375 Saratoga Avenue, addressed the Planning Commission on behalf of Mr. John'Murrin who owns property in the subdivision. Mr. Murrin's primary concern is the width of the road. Mr. Jan Garrod, 22621 Mt. Eden Road, addressed the Planning Commission. He indicated the major concern of his family is that the road was named Garrod Road and the portion referred to has been maintained by the Garrods as the County refused to take responsibility for it. He said his family would like to keep the area as rural as possible. In response to a question from Chairperson Siegfried, City Attorney Toppel reviewed the status of the road. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:14 P.M. Passed 5-0. Commissioner Burger stated she would prefer that the road be maintained as a rural road and does not like the idea of gutters and curbs in the area. She also indicated she would be in favor of calling it Garrod Road. Commissioner Tucker also agreed with calling the road Garrod Road. She said she is in support of staff's recommendation for the 26- foot road because of the safety issue. PLANNING COMMISSION MEETING March 28, 1990 Page,18 PUBLIC HEARINGS Continued Commissioner Moran said the Planning Commission must be aware of long-term planning in this area and would be in favor of a 26-foot road. Commissioner Tappan indicated he is also in favor of calling the road Garrod Road. He said he would argue for the 26-foot width. Chairperson Siegfried expressed concern if the City has to condemn some of the Garrod property that might be an obstacle that would cause the road never to be built. He said he would not like to see the road stopped because the funds are not available but would not be in favor of widening 900 feet of the road if nothing further is done. TUCKER/MORAN MOVED TO APPROVE SD-87-008 WITH A 26-FOOT WIDE ROAD WITH RURAL GUTTERS AND NO CURBS. Commissioner Tappan said he was influenced by Chairperson Siegfried's remarks and could be. persuaded to envision a road of less than 26 feet on the stretch of road. Pursuant to a question from Chairperson Siegfried, discussion ensued regarding possible funding for the road. Commissioner Tucker's motion failed on a 2:3 vote; Commissioners Burger, Tappan and Siegfried were opposed. BURGER/TAPPAN MOVED TO APPROVE THE APPLICANT'S PROPOSAL AND THE DEVELOPER SHALL CONTRIBUTE THE MONETARY EQUIVALENT OF THE IMPROVEMENTS TO THE SW-NE ROAD AS SPECIFIED IN THE NHR SPECIFIC PLAN PRIOR TO RECORDATION OF THE FINAL MAP. Passed 4-1; Commissioner Tucker was opposed. 15. AZO-90-001 City of Saratoga, wall height in Commercial Zone Districts. The City of Saratoga Planning Commission is considering enacting a revision to the existing commercial zone districts to permit a solid wall or fence to exceed the 6 foot height limit to a maximum of 8 feet when conditions require additional visual and acoustic screening (cont. from 3/14/90). City Attorney Toppel reviewed the revised ordinance in detail. He indicated he included a 60-day period for installation of a wall after the requirement has been imposed and leaving it open for the Planning Commission to modify it based on a particular case. The Public Hearing was opened at'll:33 p.m. PLANNING COMMISSION MEETING March 28, 1990 Page 19 PUBLIC HEARINGS Continued BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:33 P.M. Passed 5-0. BURGER/TAPPAN MOVED TO APPROVE AZO-90-001. Passed 5-0. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects 2. Heritage Preservation Minutes dated March 7, 1990 COMMISSION ITEMS COMMUNICATIONS Written Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 11:40 p.m. Respectfully submitted, Rebecca Cuffman