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HomeMy WebLinkAbout11-14-1990 Planning Commission MinutesDATE: November 14, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, Moran, and Tappan. Chairperson Tucker noted the resignation of the Vice Chairperson and called for nominations to fill the position. Commissioner Moran nominated Commissioner Burger for the position of Vice Chairperson; the motion carried unanimously. Pledge of Allegiance Minutes - 8/22/90 verbatim transcript for SD-88-019, DR-90-050 Birenbaum, 20052 Sunset Drive Commissioner Caldwell noted that she had substantive changes to the transcript. City Attorney Toppel indicated that since the transcript was a verbatim transcript, Commissioner Caldwell should submit a marked-up copy with the changes penciled in. The verbatim minutes would then come back to the Commission for approval. The minutes of October 24, 1990 will be included in the next packet. ORAL COMMUNICATIONS: None. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 9, 1990. TechniCal Corrections to Packet Material: Planner Walgren noted that revised resolutions have been distributed for Commission review. The resolutions apply to Item 16 (V-90-029, Team Three Properties) and Item 17 (SD-90-006, Kosich). The incorrect set of findings was inadvertently included in the original resolution for Item 16. There was an additional condition placed at the end of the resolution for item 17 requesting that all tree preservation conditions of the City Horticulturist's report be met. PLANNING COMMISSION MEETING ~ November 14, 1990 Page 2 PUBLIC HEARINGS CONSENT CALENDAR: 1. DR-89-110 Tai, 21451 Continental Circle, request for design review approval to construct a new 7,206 sq. ft. two-story residence on a 3 acre parcel within the NHR zone district per Chapter 15 of the City Code (cont. to 12/12/90 at the request of applicant). 2. HP-19 City of Saratoga, consider the proposal to designate the section of Saratoga Ave. between Fruitvale Ave. and 14301 Saratoga Ave. as a Heritage Lane. The Heritage Preservation Commission reviewed the application and recommends approval of the designation pursuant to Article 13-15 of the City Code (cont. to 1/9/91 Planning Commission meeting). 3. DR-90-057 Gault, 22068 Villa Oaks Ln., request for design review approval to construct a 5,963 sq. ft. two- story single family residence on a 1.4 acre site in the NHR zone district per Chapter 15 of the City Code (cont. to 12/12/90 at the request of applicant). 4. DR-90-048 Rinaldo, 14071 Saratoga-Sunnyvale Rd., resolution denying request for design review approval to demolish an existing one-story home and construct a new 4,087 sq. ft. two-story structure on a 16,345 sq. ft. parcel within the R-l-10,000 zone district per Chapter 15 of the City Code (public hearing closed on 10/24/90). 5. TUP-90-001 Boisseranc, 13650 Saratoga-Sunnyvale Rd., request for approval of a temporary use permit to sell Christmas trees from November 24th through December 24, 1990 in the R-1-12,500 zone district per Chapter 15 of the City Code. 6. V-90-027 Barr, 19365 Allendale Ave., resolution approving variance to allow an existing satellite dish antenna to be located 3 ft. from the rear property line where 25 ft. is required and which exceeds the allowable height limitation by 2 ft. in the R-i-40,000 zone district per Chapter 15 of the City Code (public hearing closed 10/24/90). Commissioner Caldwell requested that item 4 be removed. Commissioner Caldwell requested that item 6 be removed. PLANNING COMMISSION MEETING November 14, 1990 Page 3 PUBLIC HEARINGS CONSENT CALENDAR Continued BURGER/MORAN MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM NO. 5. Passed 5-0. 4. DR-90-048 Rinaldo, 14071 Saratoga-Sunnyvale Rd., resolution denying request for design review approval to demolish an existing one-story home and construct a new 4,087 sq. ft. two-story structure on a 16,345 sq. fto parcel within the R-l-10,000 zone district per Chapter 15 of the City Code (public hearing closed on 10/24/90). Commissioner Caldwell suggested the second finding of the resolution be amended to read "The project is not compatible in terms of bulk, height and design..." CALDWELL/BURGER MOVED THAT THE RESOLUTION FOR DENIAL OF DR-90-048 BE APPROVED AND THAT THE SECOND FINDING OF THE RESOLUTION BE AMENDED AS SUGGESTED. Passed 5-0. 6. V-90-027 Barr, 19365 Allendale Ave., resolution approving variance to allow an existing satellite dish antenna to be located 3 ft. from the rear property line where 25 ft. is required and which exceeds the allowable height limitation by 2 ft. in the R-i-40,000 zone district per Chapter 15 of the City Code (public hearing closed 10/24/90). Commissioner Caldwell questioned whether it is reasonable or adequate television reception that property owners are entitled to under the FCC laws. City Attorney Toppel responded that the FCC has not really commented on that but the interpretation the City has put on it is that it is not optimum but reasonable reception. Commissioner Caldwell suggested the following amendments to the findings: Finding No. 1: "A strict or literal interpretation...that would satisfy the regulations of the zone and afford the applicant reasonable television reception." Finding No. 2: "Exceptional or extraordinary physical circumstances...that the property is restricted by dense vegetation and existing structures which prohibit reasonable television reception in alternate locations and the site topography is such that the use of one of the alternative locations identified would produce unacceptable visual impacts for neighboring .residents." PLANNING COMMISSION MEETING November 14, 1990 Page 4 PUBLIC HEARINGS CONSENT CALENDAR Continued Finding No. 3: "Strict or literal interpretation...in that other properties are also entitled to reasonable television reception." Finding No. 4: "Granting of the Variance...which will result in reasonable television reception." In response to a question from Commissioner Tappan, Mr. Toppel responded that an objective definition could not be put to the term "reasonable television reception." He suggested that reasonable reception would be to obtain most, if not necessarily all, channels and a clear picture, but maybe not a precise picture, on every single channel. He said that would have to be dealt with on a case-by-case basis because of where an antenna might be positioned. It may be a numerical test, a qualitative test on the nature of the picture or a combination of those but the options should be kept open because this is still a developing area. He approved of Commissioner Caldwell's addition of aesthetic impacts on neighboring properties because the FCC has allowed that to be done. Commissioner Caldwell commented that her interest in adding the phrases was to afford the Commission maximum flexibility. Commissioner Moran said she would not support the resolution because she was concerned the Commission may be using the wrong tool to approach the problem. She stated she would like to see the Commission discuss the issue at a study session and try to figure out what direction to go regarding these matters. She agreed with Commissioner Tappan's comments regarding the cable service contractor not providing service in areas that are low density and felt perhaps the Commission has not adequately pursued the question of what can be done along those lines. She also expressed concern, however, that there are many satellite dishes in the City, many of which appear to be in need of variances. She did not know to what extent the Commission is in a position to be the monitor of this problem, whether or not the Commission even had a good idea of what the problem is and whether a variance for each individual dish is the way to address the problem. Chairperson Tucker suggested that the issue be placed on the agenda for discussion at a future meeting. CALDWELL/BURGER MOVED THAT THE RESOLUTION FOR V-90-027 BE APPROVED WITH THE SUGGESTED CHANGES. Passed 4-1 (Commissioner Moran opposed). PLANNING COMMISSION MEETING November 14, 1990 Page 5 pUBLIC HEARINGS: 7. SD-90-003 Peninsula Townhomes Assoc., 12297 Saratoga' UP-90-003 Sunnyvale Rd., request for tentative map approval DR-90-034 to subdivide a 2.67 acre lot into one two-acre multi-family parcel and two .3 acre parcels for commercial use. Use permit approval is requested to allow a 26-unit multi-family residential development within a Commercial Visitor (C-V) zone district. Design review approval is also requested for the entire project per Chapter 15 of the City Code. An initial environmental assessment has been prepared and is incorporated in this application (cont. from 10/10/90 Planning Commission meeting). Planning Director Emslie reviewed the Memorandum dated 11/9/90. The public hearing was opened at 7:56 p.m. Mr. Bill Lightner, Lighther Property Group, presented an overview of the project. A representative of the applicant circulated a model of the proposal, reviewed the proposal in detail and answered Commissioners' questions. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. Passed 5-0. Commissioner Burger questioned the request for the developer to bear the cost of the signal light and asked if the other businesses along that portion of the road could be assessed. Mr. Emslie explained that a district to deal with landscaping and to coordinate parking is in the works for this area. Mr. Toppel stated that there is a possibility that if a district is formed and the signal is included, the developer could enter into a reimbursement agreement with the City and a proportionate share could be allocated to reimburse the developer. In response to a request from Commissioner Moran, Mr. Emslie responded that pricing of units has been discussed. Within the definitions set out by the State, most of the units would not meet the moderate category but would fall into the upper income category. He felt that most of the units would qualify under the County definition of moderate income, and by Saratoga standards the project would be a moderate income project. PLANNING COMMISSION MEETING November 14, 1990 Page 6 PUBLIC HEARINGS Continued Commissioner Burger noted that this would be an opportunity to provide some middle income housing in Saratoga. She said the project now satisfies her, and all of the initial concerns the Commission had in the beginning have been addressed° She pointed out that the Commission is not dealing with a single family residential home on an acre lot in a residential area but is dealing with a long, narrow, difficult site along a commercial strip. She said she could vote for the development as proposed. Commissioner Tappan said he felt the same way and wanted to compliment the applicant on his patience° He also felt the project fulfills a need in providing affordable housing to the community. He said that landscaping is important and wanted to remind the applicant of the intent of the landscaping plan which was mentioned earlier. He said he too could vote for this project. Commissioner Caldwell stated that the proposal before the Commission tonight is the proposal she most favors out of the ones presented. She felt the overall bulk and density issues, which were raised in the past, have been addressed. She indicated she had a problem making the variance findings for the rear commercial setback and questioned whether there was some mechanism by which the zoning could be amended so there is an exception created for the kind of situation where there are budding commercial and residential uses. She also indicated that she had a problem with the commercial portion. She said she visited the site and noticed that the Hubbard and Johnson area is being used for parking. She felt there is a spillover effect of parking in the area and expressed concern regarding the limitation on commercial parking° Commissioner Caldwell said her preference would be to move to a one space per 200 square feet of commercial space ratio than what is now suggested. She also suggested another opening for a village green effect which would add to the feeling of spaciousness. She suggested that something could be done to mitigate the noises created by neighboring commercial use and said she would be amendable to the reimbursement agreement regarding the traffic signal. She said she would prefer that the landscaping plan come 'before the ~ommission for approval. Commissioner Moran thanked the applicant for his cooperation on this matter. She expressed concern regarding the density and the setbacks not providing enough of a buffer between residential areas and commercial property. She felt that efforts to increase density have not left enough parking for the commercial area. She said she was not convinced there is enough parking for the commercial area and. that might pose problems in the future. She also had difficulty supporting a variance for the commercial side yard setback. PLANNING COMMISSION MEETING November 14, 1990 Page 7 PUBLIC HEARINGS Continued Chairperson Tucker stated she did not have a problem with a zero lot line because it could be justified due to the configuration of the lot. She said she could not make findings for the variance for the commercial portion. She indicated it may not have an impact now but there was no way to know what adjoining neighbors would do in the future and felt the Commission would be setting a precedent. She expressed concern that if adequate parking is not provided for the commercial area the residential area may be used for parking and suggested restricting the type of commercial use to assure there would not be parking problems. She also did not feel it would be fair to the applicant to bear the cost of the signal. Commissioner Burger commented that she felt people are parking in the lot now because it is an empty lot. Commissioner Tappan agreed with Commissioner Burger and felt there were no spillover problems with parking caused by other commercial uses. He said it was his understanding the applicant was asking for the variance for the setback on the commercial to provide more parking. In response to Commissioner Burger's questions, Mr. Emslie responded that no formal action was required by the Commission tonight. Resolutions were not prepared and there were no conditions before the Commission. Staff was asking for direction on whether or not to proceed with preparation of those documents. Regarding the variance, it has not been advertised and that would have to be done at a subsequent Commission meeting° BURGER/TAPPAN MOVED TO DIRECT STAFF TO PREPARE RESOLUTIONS FOR APPROVAL FOR SD-90-003, UP-90-003 AND DR-90-034 AND TO REQUIRE THE APPLICANT TO MEET THE SIDE YARD SETBACKS ON THE COMMERCIAL; THAT THE CONDITION REQUIRING THE APPLICANT TO PAY FOR THE SIGNAL LIGHT BE ELIMINATED AND THAT STAFF COME UP WITH AN ALTERNATIVE; THAT THE COMMISSION REVIEW THE LANDSCAPING PLAN; AND THAT THE WALL BETWEEN THE PROJECT AND THE ONE TO THE IMMEDIATE SOUTH SHOULD BE EIGHT FEET HIGH. Passed 3.-2 (Commissioners .Caldwell and Moran opposed). 8. V-90-005 Ballon, 14070 Arcadia Palms Dr., request for variance approval to allow an existing satellite dish to remain located within a required setback and to exceed the maximum height allowed by approximately 13 ft. on a 1o3 acre site per Chapter 15 of the City Code. The subject property is located within the R-i-40,000 zone (cont. from 10/10/90 Planning Commission meeting). Planner Walgren reviewed the Memorandum dated 11/14/90o PLANNING COMMISSION MEETING November 14, 1990 Page 8 PUBLIC HEARINGS Continued The public hearing was opened at 8:55 p.m. The applicant was present and indicated that nothing has changed since the last time the proposal was before the Commission except for acknowledgment that trees that were supposed to be cut down were not on his property. He said to his knowledge no one has visited his property as was suggested at the last meeting. CALDWELL/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:59 P.M. Passed 5-0. TAPPAN/CALDWELL MOVED TO APPROVE V-90-005. Commissioner Caldwell suggested that the findings be amended as follows: Finding No. 1: "Exceptional or extraordinary physical circumstances exist that are applicable to the property involved which do not apply generally to other properties in the same zoning district in that due to site topographical and vegetation constraints the only satellite reception site that will afford the applicant reasonable television reception is at the current satellite dish location." Finding No. 2: "Granting of the variance will allow the applicant to access reasonable television reception to which other properties in the vicinity and same zoning district are entitled." The amendments were acceptable to the other Commissioners. The motion passed on a 4-1 vote (Commissioner Moran opposed). Break 9:00 p.m. - 9:15 p.m. Chairperson Tucker advised that the following items would be continued: 18. AZO-90-009 City of Saratoga, a draft ordinance to establish regulations concerning the placement of real estate signs in all zone districts within the City of Saratoga. CALDWELL/MORAN MOVED TO CONTINUE AZO-90-009 TO JANUARY 9, 1991. Passed 5-0. PLANNING COMMISSION MEETING November 14, 1990 Page 9 PUBLIC HEARINGS Continued 19. AZO-90-004 City of Saratoga Residential Open Space Zone, consideration of recommending the creation of a new zone district relative to addressing the unincorporated hillsides northwest of the City limits. The Planning Commission will consider adding text to the existing zone ordinance. The application of this zone to specific property will require separate and subsequent action by the Planning Commission and City Council (cont. from 9/26/90 Planning Commission meeting). CALDWELL/MORAN MOVED TO CONTINUE AZO-90-004 TO NOVEMBER 28, 1990. Passed 5-0. Chairperson Tucker moved the agenda back to Item 9. 9. AZO-90-005 City of Saratoga, consideration of zone amendment to Article 15-80 of the City Code to allow certain cellular telephone transmission structures to be constructed in the Commercial and Professional Office zone district subject to height restriction (cont. from 10/10/90 Planning Commission meeting). Mr. Toppel reviewed the Memorandum dated October 29, 1990. The public hearing was opened at 9:23 p.m. A representative of GTE Mobilnet was present and stated GTE approved the proposed ordinance as amended. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:23 P.M. Passed 5-0. BURGER/MORAN MOVED TO APPROVE AZO-90-005 PER THE STAFF REPORT MAKING THE CHANGE FROM RESIDENTIAL TO RESIDENTIAL USE. Passed 5-0. 10. City of Saratoga, Revised Draft Noise Ordinance, Planning Commission review of a revised draft of the amended Noise Ordinance, Article 7-30 of the City Code. Mr. Emslie reviewed the background of the noise ordinance° The public hearing was opened at 9:28 p.m. A Saratoga resident addressed some of the questions raised in the City Attorney's memorandum. He agreed that there should be PLANNING COMMISSION MEETING November 14, 1990 Page 10 PUBLIC HEARINGS Continued different ambient noise standards in different residential areas of the city such as hillsides since there are different noise profiles due to topography, traffic and land use. He also believed the residential night-time and day-time ambient noise levels are too high. He agreed, too, that the special regulations for amplified sound should be put back into the ordinance. Mr. Allan Halperson, 12390 Woodside Drive, endorsed Section 7.30.060(b) regarding the prohibition of gas powered leaf blowers. Mr. Frank Mongraw, 14591 Oak Street, addressed the Commission regarding the questions posed in the City Attorney's memorandum. He was agreeable to Items A and B of the memorandum. Regarding Item F, he felt there should be regulations regarding exhaust fans on top of buildings. In the meantime he strongly recommended that the hours of operation be limited until the new standards can be established. Mrs. Fay Mongraw, 14591 Oak Street, asked why Section 7.30.090 was omitted and recommended that it be reinserted. She made reference to cleaning noises from the Florentine Restaurant which were disturbing to her. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:37 P.M. Passed 5-0. Mr. Toppel responded that the section referred to by Mrs. Mongraw was in the noise ordinance all along. The problem, however, is that the section did not really define a standard and it has been his experience that when dealing with something like this in court there is a high risk that the judge will simply throw out the citation because there has been no determine as to what is or is not a violation of the ordinance. That is the reason for the focus on establishing standards in terms of dBAs which can be quantified and measured and indicated as constituting a violation. He stated that the City has not issued a citation based on that section and has not gone into court based on that section. In response to a question from Commissioner Caldwell, Mr. Toppel reviewed the current restrictions on construction activities. The Commission reviewed Items A through G of Mr. Toppel's memorandum. Regarding Items A and B, Commissioner Burger stated she saw no reason why there should not be different standards. She was PLANNING COMMISSION MEETING November 14, 1990 Page 11 PUBLIC HEARINGS Continued concerned, however, about enforcement problems and stated there may be problems defining what an area of the City is and what the ambient noise levels are. City Manager Peacock discussed the purpose of the noise standards. He said the intent of the standard for ambient noise is to be used in developing properties where the ambient noise level is exceeded or at the margin, and there may be certain structural changes to buildings or setbacks or other kinds of things that the Commission may require of a property being developed to minimize the impact of the ambient noise level because it is being exceeded in that particular area of the City. A separate issue is the issue of noise in general, and that ought to be handled on the basis that once the noise level is a certain amount above the background noise level in any part of the City that is a violation. Following discussion and further clarification by Mr. Peacock, Commissioner Burger stated it appears that there are already different ambient noise standards for different residential areas of the City. Regarding Item C, Commissioner Caldwell said she would like to review the old element because it was her understanding that the levels were lower. Regarding Item D, Commissioner Burger stated her only caution is that she would like to see the Commission define what a construction activity is versus what a homeowner's weekend project is. In response to a question regarding Item E, Mr. Toppel stated the previous procedure was not workable. The other problem is that most musical instruments have some form of amplification. The position of staff has been to deal with noise as noise without regard to what the source is. Commissioner Burger said she would like to have the noise ordinance deal with sound as sound. There was consensus that amplified sound would not be specified and refer to the noise ordinance itself. Regarding Item F, Mr. Emslie said he did not feel the ordinance was the right place to deal with construction standards or zoning regulations for development of buildings. The response is that the City may need to establish a set of standards or guidelines that would instruct owners of commercial properties how they are to screen their fans. PLANNING COMMISSION MEETING November 14, 1990 Page 12 PUBLIC HEARINGS Continued Regarding Item G, Mr. Toppel stated a barking dog ordinance has nothing to do with noise standards but is the duration over which the dog is barking. There was consensus to deal with the' issue as a separate issue. Commissioner Burger made reference to a paragraph in the memorandum discussing garbage pickup activity° She said she did not feel the ordinance was the place to address this issue but suggested that garbage pickup activity schedules could be adjusted so pickup would not be done so early. Mr. Emslie responded that staff has made contact with Green Valley and asked them to work within the current routing schedule and to respect concerns received from the Village, and Green Valley was able to do that somewhat. Mr. Emslie explained the issue of the franchise with Green Valley. TAPPAN/BURGER MOVED TO DIRECT STAFF TO MAKE THE CHANGES SUGGESTED BY THE PLANNING COMMISSION AND BRING THE PROPOSAL BACK TO THE COMMISSION FOR FINAL REVIEW ON NOVEMBER 28, 1990. Passed 5-0. 11. SD-90-008 Ebner, 13741 & 13755 Saratoga Ave., resolution V-90-028 approving request for tentative. map to subdivide a 17,894 sq. ft. parcel with a 7,137 sq. ft. and 10,757 sq. ft. parcel within the R-i-20,000 zone district per Chapter 14 of the City Code. Resolution approving variance to allow the subdivision of an existing substandard lot and to create two (2) smaller parcels per Chapter 15 of the City Code (cont. from 10/24/90). Planning Director Emslie presented a staff update on this item. The public hearing was opened at 10:10 p.m. Mr. Mark Ebner addressed the Commission. He said additional information has been gathered and he has findings prepared that he felt would satisfy the Commission's concerns. Mr. Gene Zambetti reviewed the history of this proposal. Mr. John Kolstad addressed the Commission on behalf of the applicant. He distributed a handout relative to the findings and reviewed it in detail. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:28 P.M. Passed 5-0. PLANNING COMMISSION MEETING November 14, 1990 Page 13 PUBLIC HEARINGS Continued Chairperson Tucker said she was still having a problem with this proposal because she felt the applicant bought the property knowing there were two houses on a single lot and to her this would be a grant of a special privilege. She said she could not find the special circumstance the applicant was trying to create. Commissioner Tappan stated he felt Mr. Ebner's representative laid out a very convincing argument for allowing the Commission to make the findings. Commissioner Moran said she was not able to find that there are exceptional or extraordinary physical circumstances or special circumstances. Commissioner Caldwell agreed with Commissioners Moran and Tucker. She also indicated that a letter issued by staff was issued in error and did not accurately reflect the action that was taken by the Planning Commission which was to direct staff to draft a resolution to approve the application. Commissioner Burger disagreed with Commissioner Caldwell. It was her understanding that the Commission voted 7 to 0 to approve this item and as a part of that approval the Commission directed staff to come back with a resolution. BURGER~TAPPAN MOVED TO APPROVE V-90-028. Denied 2-3 (Commissioners Caldwell, Moran and Tucker opposed). MORAN/CALDWELL MOVED TO DENY SD-90-008 AND V-90-028 WITHOUT PREJUDICE. Passed 3-2 (Commissioners Burger and Tappan opposed). Commissioner Tappan apologized to the applicant and said he felt this situation did not put the Commission in good stead in the community. He said the applicant did a good job in building an argument in favor of the proposal. 12. DR-90-055 Handa, 20315 Calle Montalvo, request for design review approval to construct a 620 sq. ft. two- story addition to an existing 3,453 sq. ft. one- story residence on a 20,426 sq. ft. parcel within the R-i-20,000 zone district per Chapter 15 of the City Code (cont. from 10/24/90). Planning Director Emslie reviewed the staff memorandum dated November 14, 1990. Commissioners Burger and Caldwell reported on the land use visit. PLANNING COMMISSION MEETING November 14, 1990 Page 14 PUBLIC HEARINGS Continued Mr. Emslie noted a letter he received before the meeting, which was distributed to the Commission, from the resident at 14710 Cody Lane. The public hearing was opened at 10:30 p.m. Mr. James DeYoung represented the applicant and read a prepared statement recapping the information previously submitted in support of the application. Mr. Ernest Ornellas, 14720 Cody Lane, addressed the Commission regarding his opposition to the second story addition due to privacy concerns. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:49 P.M. Passed 5-0. Commissioner Tappan said he has been in the back yard of the neighbor whose property abuts this property. He did not believe that there would be a substantial visual impact and referred to the horticulturist's report which stated the screening provided by the trees will obscure the proposed addition from view. He said he was not enamored with the design of the Handa home but the addition is not in conflict with the current design of the home. He indicated there are several second-story homes in the neighborhood and this does not establish any kind of second-story precedent or destroy the character of the neighborhood. He felt the chief mitigating argument to satisfy the neighbors would be an extensive landscaping plan. Commissioner Moran indicated her concerns were alleviated by visiting the site and the surrounding area, and she was prepared to approve the application. Commissioner Caldwell stated that between the two designs submitted she preferred the newer design which shows some relief along the elevation. She said that, having visited both concerned neighbors, she could support an extensive landscaping plan that provided evergreen screening for both of those neighbors. Commissioner Burger agreed with the comments of the other Commissioners. Chairperson Tucker said she still would have preferred a one-story but realized there are two stories in the neighborhood and this would not be a grant of a special privilege. From a design PLANNING COMMISSION MEETING November 14, 1990 Page 15 PUBLIC HEARINGS Continued standpoint, she did not care for the first proposal and leaned more towards the second proposal but would like see something more integrated with the home. TAPPAN/BURGER MOVED TO APPROVE DR-90-55 WITH PROVISIONS THAT STEPS BE TAKEN TO PROVIDE A DETAILED LANDSCAPING PLAN THAT WILL MITIGATE AND SOFTEN THE IMPACT ON ANY ADJOINING NEIGHBORS; THAT THE EXISTING FENCE AT THE REAR OF THE LOT REMAIN WHERE IT IS; AND THAT THE PLANNING COMMISSION PREFERS THE ORIGINAL PLAN SUBMITTED BY THE APPLICANT. Passed 5-0. 13. DR-90-060 Riggins, 14775 Fruitvale Ave., request to construct a 1,128 sqo ft. second story addition and 1,624 sq. ft. of additional first floor area to an existing 4,192 sq. ft. single family residence on a 1.09 acre parcel in the R-I-40,000 zone district per Chapter 15 of the City Code (cont. from 10/24/90). Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated November 14, 1990. The public hearing was opened at 11:02 p.m. Mr. Steve Riggins addressed the Commission. He expressed concern regarding Condition 16 concerning the turnaround. He also requested that Condition 19 be modified to say that the attic created by the ceiling shall not be in excess of 7-1/2 feet, which would allow him to meet the Code but gives him some room. Mr. Emslie responded that the condition for the driveway turnaround is a standard condition that the fire district provides staff. He said that when the fire district provides that condition they are not necessarily saying that there is inadequate turnaround but is reiterating a standard that applies in the Code that all properties have a turnaround of a 33-foot radius. In response to questions and comments from the applicant regarding the condition imposed by the fire department, Mr. Toppel noted that any concerns regarding fire conditions should be addressed directly to the fire department. Commissioner Caldwell asked if the applicant was proposing any paving to the southwestern garage entrance; he indicated he was but has not submitted landscape plans yet. PLANNING COMMISSION MEETING November 14, 1990 Page 16 PUBLIC HEARINGS Continued Mr. Emslie said he had no problem with modifying Condition 19. MORAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:11 P.M. Passed 5-0. Commissioner Caldwell suggested addition of a condition that any tree pruning incident to the project be done by a certified arborist in accordance with the Western Chapter of the International Society of Horticulture Pruning Standards and that the applicant supply certification of that. She also had a concern with respect to any paving that might be done around the large fir tree near the driveway area and wondered if pervious coverage for a certain area is advisable. She said she would be willing to defer that to the City Arborist for his recommendation. Commissioner Burger said she was not concerned about the impervious coverage of that driveway and did not have a problem with changing the impervious driveway to pervious but did not think that needed to be done. She said she would like to assume that the applicant meets the requirement of Conditions 13 and 16 of the proposal and requested that the Commission get some indication from the fire department that the applicant meets the intent of both conditions. She also had no problem with the modification to Condition 19. Commissioner Tappan had no problem with Commissioner Caldwell's suggestion that pruning of the trees be done by a certified individual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assed 5-0. 14. SD-89-016 Estrade, Sousa Lane, request for tentative map and LL-89-006 lot line adjustment approval to resubdivide two existing parcels totaling 2.18 acres into six parcels ranging from 11,372 to 16,828 sq. ft. within the R-l-10,000 zone district per Chapter 14 of the City Code. An environmental Negative Declaration assessment has been prepared per the CEQA guidelines. Commissioner Burger reported on the land use visit. : '! PLANNING COMMISSION MEETING November 14, 1990 Page 17 PUBLIC HEARINGS Continued Planning Director Emslie presented the Report to the Planning Commission dated November 14, 1990. Commissioner Burger questioned the concerns noted in the letter received from Mr. and Mrs. Slade. Mr. Emslie responded that regarding the grading and the drainage, the subdivision is approved with positive drainage. Regarding the sanitary sewer issue, the Sanitation District has reviewed this and has provided conditions that if there is not adequate capacity there will not be a hookup allowed° The public hearing was opened at 11:20 p.m. Mr. Garcia addressed the Commission on behalf of the applicant. He said the applicant has no objections to the conditions. He requested that the Commission review the construction of any two- story home on the property on a case-by-case basis. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:23 P.Mo Passed 5-0. Commissioner Tappan said he had no problem with the application. Commissioner Burger agreed with Commissioner Tappan. In response to the concern about one-story homes, she felt it was an excellent opportunity for the Commission to put some limitations on the homes on the property. She said she was in favor of the one-story restriction particularly in this neighborhood where she did not see any other two-story homes. Commissioner Caldwell suggested that, except for the one ordinance- size tree, approval be conditioned on the preservation of all remaining ordinance-size trees and also that a tree preservation plan be developed and reviewed by the City Arborist and that his tree preservation conditions be incorporated as conditions of approval. CALDWELL/BURGER MOVED TO APPROVE SD-89-016 WITH THE REMOVAL OF CONDITION 21 AND WITH A CONDITION FOR A TREE PRESERVATION CONDITION FOR THE PRESERVATION OF ALL REMAINING ORDINANCE-SIZE TREES AND THAT A TREE PRESERVATION PLAN BE DEVELOPED AND REVIEWED BY THE CITY ARBORIST AND THAT HIS TREE PRESERVATION CONDITIONS BE INCORPORATED AS CONDITIONS OF APPROVAL. Passed 5-0. CALDWELL/BURGER MOVED TO APPROVE LL-89-006o Passed 5-0. PLANNING COMMISSION MEETING November 14, 1990 Page 18 PUBLIC HEARINGS Continued CALDWELL/BURGER MOVED TO ACCEPT THE NEGATIVE DECLARATION AND DIRECTED ITS FILING. Passed 5-0. 15. DR-90-051 Lamorte, 18832 Ten Acres Dr., request for design review approval to construct a 4,825 sq. ft. two- story single family residence on a 1.4 acre vacant parcel in the R-1-40,000 zone district per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated November 14, 1990. The public hearing was opened at 11:29 p.m. Mr. Scott Cunningham, 14375 Saratoga Avenue, addressed the Commission on behalf of the applicant. In response to staff's request for revised colors, he said the applicant would submit a dark tan for the body of the house and a cream for the trim. On January 10 there was an application approved by the Commission. He submitted copies because the issues pertaining to the drive and grading should be reviewed based on what was approved in January. Mr. Emslie said the staff report does discuss the January approval and mentions the fact there was a circular driveway that was approved in January. Mr. Cunningham reviewed the proposal and said the applicant did not have a problem with the conditions other than the two issues pertaining to the pad height and the driveway. He clarified the pad height proposed is 385 rather than 380 as stated in the staff report. He stated the staff report contradicts itself on the privacy issue stating in one case that there is not a privacy impact and secondarily that lowering the house 2-1/2 feet will reduce privacy impacts. Another representative of the applicant discussed the grading required for the project. He said lowering the pad from 382 to 380 would generate about 750 cubic yards of additional cut. He stated the access that makes the most sense in terms of emergency vehicle access is a circular drive. The circular drive generates about 135 cubic yards. To accommodate a turnaround large enough to accommodate a fire truck would generate in the neighborhood of 130 cubic yards of earth work as well as some retaining walls. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:43 P.M. Passed 5-0. PLANNING COMMISSION MEETING November 14, 1990 Page 19 PUBLIC HEARINGS Continued Commissioner Caldwell said she agreed with the staff report with respect to the driveway, the building pad elevation, the screening and the color. She requested clarification as to whether the pool was a part of the application. Mr. Emslie suggested adding a condition to the effect that the addition of a pool would require a site modification. Commissioner Caldwell suggested that due to the nature of the site she would be comfortable limiting the applicant to the cut and fill associated with the home in other aspects of the approval not including the poolo She also expressed concern regarding the bulk of the home. Her personal opinion was that the baluster shown on the front elevation add to the bulk and her preference would be that they be replaced with something less bulky. Commissioner Burger said she would be comfortable making it clear that the application before the Commission does not include the pool. She stated she would be uncomfortable, however, prohibiting the applicant from applying for the pool since it is allowed. Mr. Toppel agreed with Commissioner Burger. However, he said he had a problem in that in limiting the grading it becomes an arbitrary determination in the sense that there is no standard that says what is or is not a limit with respect to any particular site. Commissioner Caldwell stated she personally has reservations regarding the appropriateness of the cut and fill. Commissioner Tappan questioned the balusters and said he was not against that design feature though he thought it was a lot of baluster on the front of the home. Commissioner Moran stated she felt the house would look less obtrusive and fit into the neighborhood better if it were lower. She pointed out that there are 600 cubic yards of basement which is another possible place to make some tradeoffs. In general, however, she would like to see the house lowered, would like to see a noncircular driveway and fewer balusters. Chairperson Tucker agreed with the other Commissioners regarding the home being moved down the hill but had no problem with the balusters. MORAN/BURGER MOVED TO APPROVE DR-90-051 PER THE STAFF RECOMMENDATION WITH THE CONDITION THAT THE POOL WILL REQUIRE SITE MODIFICATION IN ORDER TO BE APPROVEDo Passed 5-0. PLANNING COMMISSION MEETING November 14, 1990 Page 20 PUBLIC HEARINGS Continued 16. V-90-029 Team Three Properties, 18560 Prospect Road, request for variance approval to allow construction of a 17 ft. free-standing sign and design review approval for that sign in the CN (Commercial-Neighborhood) zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated November 14, 1990. The public hearing was opened at 12:01 a.m. The President of Classic Car Wash addressed the Commission regarding the proposal. His said the company's position is that a 17-foot sign would not be unique in the area and would fit in with the other signs in the area. A ten-foot sign would only be two feet higher than the present sign and would not be substantial enough to bring in new business because it is difficult to see the sign. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 12:03 P.M. Passed 5-0. Commissioner Tappan said he had no problem with the 17-foot sign and felt the applicant's business had suffered because of the median divider. In response to Chairperson Tucker's question, Commissioner Tappan stated that there was discussion at a previous meeting that the median was a safety factor and was going to impact the car wash's business in that a left turn could not be made into the car wash. Chairperson Tucker indicated she could not see the correlation between the sign and the car wash getting more business. Commissioner Tappan stated that the median divider has a significant impact on the merchant and to soften that he saw no harm in allowing him to enhance his advertising with the sign. Commissioner Burger responded that the correlation is if someone cannot see the sign they would not know where the business is. The area is an intense commercial area and bears the traffic of such an area. There is not the luxury as on most Saratoga streets of slowing down and looking for a business. · PLANNING COMMISSION MEETING November 14, 1990 Page 21 PUBLIC HEARINGS Continued Commissioner Tappan stated that the merchant is a good citizen of Saratoga and the Commission owes it to him to enhance his business in any way possible. Commissioner Burger said it is not a typical area of Saratoga and agreed with Commissioner Tappan that Saratoga needs every bit of commercial revenue it can get. Chairperson Tucker responded she did not disagree with that but had trouble with the 17-foot sign. Commissioner Burger reiterated comments she had made when this issue was first visited and pointed out this property is on the border between San Jose and Saratoga and is not normal Saratoga but heavy commercial zone. The applicant would be deprived of the right to compete as an entrepreneur if he is deprived of the same privileges enjoyed by other commercial enterprises along that street. BURGER/TAPPAN MOVED TO APPROVE V-90-029 PER THE APPLICANT'S REQUEST FOR A 17-FOOT SIGNo Commissioner Caldwell said she was more comfortable with a 10-foot sign and suggested adding information to the resolution with respect to the location of the property. BURGER AMENDED THE MOTION FOR APPROVAL OF V-90-029 WITH A 14-FOOT SIGN AND NOTED THAT SPECIAL CIRCUMSTANCES EXIST DUE TO THE FACT THAT THE PROPERTY IS ON THE BORDER BETWEEN SAN JOSE AND SARATOGA, IS A HEAVY COMMERCIAL ZONE, THE APPLICANT WOULD BE DEPRIVED OF THE RIGHT TO COMPETE AS AM ENTREPRENEUR IF HE IS DEPRIVED OF THE SAME PRIVILEGES ENJOYED BY OTHER COMMERCIAL ENTERPRISES ALONG THAT STREET AND THE MEDIAN DIVIDER MAKES IT DIFFICULT FOR POTENTIAL CUSTOMERS TO TURN LEFT INTO THE CAR WASH. In response to a question from Commissioner Tappan, Mr. Emslie said staff suggested a 10-foot sign because it felt that 10 feet will provide the visibility the applicant needs, would raise the sign significantly and would be more noticeable° BURGER/TAPPAN AMENDED THE MOTION FOR APPROVAL OF V-90-029 WITH A 17-FOOT SIGN AND NOTED THAT SPECIAL CIRCUMSTANCES EXIST DUE TO THE FACT THAT THE PROPERTY IS ON THE BORDER BETWEEN SAN JOSE AND SARATOGA, IS A HEAVY COMMERCIAL ZONE, THE APPLICANT WOULD BE DEPRIVED OF THE RIGHT TO COMPETE AS AN ENTREPRENEUR IF HE IS DEPRIVED OF THE SAME PRIVILEGES ENJOYED BY OTHER COMMERCIAL ENTERPRISES ALONG THAT STREET AND THE MEDIAN DIVIDER MAKES IT PLANNING COMMISSION MEETING November 14, 1990 Page 22 PUBLIC HEARINGS Continued DIFFICULT FOR POTENTIAL CUSTOMERS TO TURN LEFT INTO THE CAR WASH. Passed 3-2 (Commissioners Caldwell and Tucker opposed). 17. SD-90-006 Kosich, Radoyka Dr. and 12325 Saratoga Ave., request for tentative map approval to allow the subdivision of a 2°85 acre parcel into four (4) separate parcels in the R-l-10,000 zone district per Chapter 15 of the City Code. A Negative Declaration has been prepared for this proposal per the CEQA guidelines. Commissioner Caldwell reported on the land use visit. Planning Director Emslie presented the Report to the Planning Commission dated November 14, 1990. Chairperson Tucker questioned why page 168 was included in the packet. Mr. Emslie responded that it shows how the future street would be arranged and was included so the Commission could get a feel for the overall master plan that the lots are creating. Chairperson Tucker said she wished the record to reflect that the Commission is not approving this but it was just to give an idea of the possibilities. The public hearing was opened at 12:18 a.m. Mro Mark Roberts appeared for the applicant° He said the applicant is in agreement with the staff report but takes exception to the recommendation of strict one stories on these lots. He stated there are a number of two stories in the area and the applicant would like the opportunity to have at least one of the three lots that face Radoyka to be a possibility of a two-story building. If the Commission finds it necessary to limit the houses to one-story houses, the applicant requested the opportunity to go to a higher height on the houses. Mr. Ray Simpson, 12300 Radoyka Drive, President of Saratoga Woods Homeowners Association, addressed the Commission. He said the Homeowners Association did a poll on the preference of homes in the neighborhood and supports single-story homes in that area. A second concern was with burying the utilities later rather than now, and he felt it would be more prudent to do that now. Mr. Dewey Kosich, Kosich Construction, said the 18-foot height limit concerns him and asked if there could be some relief on the .height. PLANNING COMMISSION MEETING November 14, 1990 Page 23 PUBLIC HEARINGS Continued Mr. Roberts addressed Mr. Simpson's comments regarding the power lines being undergrounded. He said the applicant talked to staff regarding that and it was on the original conditions but was found to be excessive for the three lots. Other conditions that were on the original resolution but were modified or deleted included handicapped ramps and a condition by the Fire District that required a fire hydrant on Saratoga Avenue which the Fire Department decided was premature so it was dropped. Mrs. Betty Morrison, 18701 Kosich Drive, addressed the Commission. She expressed concern regarding the power lines. She said there are two poles running along her property and they had problems with them after the earthquake. They were told by the phone company they would be grounded at some future date° She felt it would be cost effective to do it at this time. Mr. Kosich responded that most of the power lines are not on the three lots that are to be developed. The power lines should be taken care of in the future when the other property gets subdivided. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 12:30 A.M. Passed 5-0. In response to Commissioner Burger's question regarding the undergrounding of the power lines, Mr. Emslie responded it is a condition of the City Code. Commissioner Burger also commented on the confusion with the old resolution and the new resolution. Mr. Emslie responded that any action taken should be to include all applicable conditions of both resolutions and staff would make sure the conditions are all included. Chairperson Tucker said she would feel more comfortable voting on the resolution after she had a chance to review the new resolution. Commissioner Burger suggested adding a condition for the preservation of the pepper tree and a condition for the Code compliance relative to the cleanup of Lot D. She also said she would like to add a condition for one-story homes at 18 feet. BURGER/CALDWELL MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION INCLUDING THE CONDITIONS FOR THE PRESERVATION OF THE PEPPER TREE, FOR THE CODE COMPLIANCE RELATIVE TO THE CLEANUP OF LOT D AND FOR ONE-STORY HOMES AT 18 FEET AND RETURN TO THE COMMISSION WITH A CORRECTED RESOLUTION ON NOVEMBER 28, 1990. PLANNING COMMISSION MEETING November 14, 1990 Page 24 PUBLIC HEARINGS Continued Commissioner Tappan stated he appreciated the President of the Homeowners Association's comments regarding the sentiment of the homeowners that it is a single-story neighbor. He questioned whether the neighborhood is in fact a neighborhood of one-story homes. Mr. Emslie responded that when continuing on Radoyka where it turns into the recent subdivision there are a number of two-story homes. Staff feels this property relates more to Saratoga Woods which has a predominant one story character. There is no question in staff's mind that these properties are going to affect the one-story character more than the existing two stories referred to tonight. Commissioner Tappan noted that any time anyone comes to the Commission with a second-story addition proposal the Commission's reaction is that it cannot be done. Chairperson Tucker said that in her opinion the character of the existing neighborhood is that of one-story homes, and it would probably be better for the character of the City in that neighborhood if it is more consistent with what is already existing. Commissioner Tappan stated he would defer to the Homeowners Association. In response to Commissioner Moran's questions regarding undergrounding of the power lines, Mr. Emslie responded that any new service to these lots would be underground. Mr. Emslie suggested conferring with the neighbor when conditions are brought back to make sure that her concerns for undergrounding are taken care of. Mr. Toppel noted that the undergrounding will be a condition of the resolution coming back to the Commission. If it turns out that is a problem, the Commission can modify or delete it at that time. The motion carried on a 5-0 vote. DIRECTOR'S ITEMS 1. Memo from Planning Director re: Oh, 18693 Martha Ave 2. Memo from Associate Planner re: Village Noise Committee 3. Upcoming planning applications and projects 4. Committee-of-the-Whole minutes - 11/6/90 5. Open Space Task Force minutes - 10/18/90 PLANNING COMMISSION MEETING November 14, 1990 Page 25 COMMISSION ITEMS COMMUNICATIONS Written Oral City Council ADJOURNMENT The meeting of the Planning Commission was adjourned at 12:58 a.m. Respectfully submitted, Rebecca Cuffman