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HomeMy WebLinkAbout01-09-1991 Planning Commission minutes~ ~~ f CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: January 9, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, and Moran. Commissioner Tappan was absent. Chairperson Tucker introduced Ms. Kathleen Faubion, the new City Attorney. Pledge of Allegiance approval of Minutes of November 28, 1990: Commissioner Burger noted that on~page 13 in the second line of the fourth full paragraph the name should be r e . Commissioner Caldwell noted that on page 7 in first full paragraph, the second to last line, the word "it" should be omitted. Commissioner Moran requested clarity of Commissioner Burger's comments beginning in the tenth line of the last paragraph on page 10. Commissioner Burger clarified that her concern was that the new zoning district would not automatically be applied to any land annexed into Saratoga and her assumption was that it was available for possible application but not automatic. CALDWELL/BURGER MOVED APPROVAL OF THE MINUTES OF NOVEMBER 28, 1990 AS AMENDED. Passed 4-0. Aporoval of Minutes of Auciust 22,x„ 1990 and Verbatim Transcript (Birenbaum, SD-88-019 and DR-90-050: CALDWELL/BURGER MOVED APPROVAL OF THE MINUTES OF AUGUST 22, 1990 AND THE VERBATIM TRANSCRIPT REGARDING BIRENBAUM. Passed 3-0-1. Chairperson Tucker abstained because she was not present at the August 22 meeting. P,~ppr~~al of Minutes of November 14 ~ 1990 and Verbatim Transcript (Peninsula Townhomes Associatio,}z ~, CALDWELL/MORAN MOVED APPROVAL OF .THE MINUTES OF NOVEMBER 14, 1990 AND VERBATIM TRANSCRIPT REGARDING PENINSULA TOWNHOMES ASSOCIATION. Passed 4-0. ORAL CO1~~iICATIONS: None. .. ~ ~ ~ ~ PLANNING COMMISSION MEETING January 9, 1991 Page 2 REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 4, 1991. Technical Corrections to Packet Materiel: Planner Walgren noted that Condition No. 4 of the Resolution for Item No. 5 of the Consent Calendar (Presbytery of San Jose, 742-A) should be amended to read: "The existing free-standing sign including the_ da.r~ctional and identificat1on signs shall be removed..." Planner Walgren also noted that the applicant for Item 12 (Nary, DR-90-072) has requested continuance to the January 23 Public Hearing. He distributed a letter from the applicant requesting continuance. Planning Director Emslie indicated that Section 1 of the Resolution for Item 4 (Neale, DR-89-072.1, UP-89-009.1 and V-89-019.1) should be amended to read: "...the application for site modification approval as shown on Exhibit A..." Planning Director Emslie noted that the second to the last line of the last finding of the Resolution for Item No. 5 should be amended to read: "sign will b~ smaller than the existing sign..." PUBLIC HEARINGS CONSENTCALENDAR: 1. 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 2/27/91). -------------------------------------------------------------- 2. DR-90-064 Hughes, 12322 Brookglen Dr., request for design review approval to construct a 1,035 sq. ft. second story addition to an existing 2,315 sq. ft. one-story home on a 17,207 sq. ft. parcel within the R-1-10,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- PLANNING COMMISSION MEETING January 9, 1991 PUBLIC HEARINGS CONSENT CALENDAR ;Continued Page 3 3. DR-90-074 Phillips, 20306 L'aPaloma Ave., request for design review approval to allow the construction of a 536 sq. ft. second floor and a 378 sq. ft. first floor addition to an existing one-story home in the R-1- 10,000 zone district per Chapter 15 of the City Code. ---------------------------- - ------------ 4. DR-89-072.1 ----------------- ---- Neale, 14230 Saratoga-Sunnyvale Rd., request to UP-89-009.1 modify the approved plan by relocating the garage V-89-019.1 structures in an RM-3,000 zone district per Chapter 15 of the City Code. -------------------------------- ------------ 5. 742-A ------------------ Presbytery of San Jose, 12850 Saratoga Ave., request for design review approval to construct a 23.8 sq. ft. free-standing sign on a 3.8 acre parcel in the Agricultural District per Chapter 15 of the City Code .~ - - ------------- = - ------------ BURGER/CALDWELL ---------- ---- - - ----------------- MOVED APPROVAL OF CONSENT CALENDAR ITEMS 2, 3, 4 and 5. Passed 4-0. The following two items were considered together: 6. DR-90-052 Saratoga Estates; 19171 Oahu Lane, request for approval to construct a 3,624 sq. ft. one-story single family residence on a 16,738 sq. ft. parcel in the R-1-15,000, zone district per Chapter 15 of the City Code (cont. from 11/28/90). - - - --- - --------------- - ------------ 7. DR-90-053 ----------------- ----- - - - - - Saratoga Estates, 19151 Oahu Lane, request to SD-89-018.1 construct a 3,429 sq. ft. one-story single family residence on a 26,365 sq. ft. parcel in the R-1- 15,000 zone district per Chapter 15 of the City Code. The request also involves amending the subdivision conditions to allow for a decrease in setback requirements (cont. from 11/28/90). ------------ Planner Walgren -------------------------------------------------- presented the staff report and reviewed the staff memorandum dated January 9, 1991.: The Public Hearing was opened at 7:45 p.m. • The applicant was not present and no one else was present who wished to address the Commission regarding these items. • ~ PLANNING COMMISSION MEETING January 9, 1991 Page 4 PUBLIC HEARINGS Continued BURGER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Passed 4-0. Commissioner Caldwell reaffirmed staff's original recommendations because she did not believe that the applicant's revised plans would be compatible with the neighborhood. She did not feel she could accept staff's new recommendation that the Commission approve the applicant's proposal with the design changes that were suggested. She believed the necessary design changes were potentially significant and felt; more comfortable reviewing the plans again rather than accepting, the application with the design changes. She also believed the; original staff recommendations would produce more compatible homes than those listed in the draft resolution. She said she would vote for denying the application if the applicant was unwilling to revisit the original staff recommendations. On the other hand, she was willing to give the applicant another chance to look at those recommendations and present a plan that met the spirit: of the original recommendations. Commissioner Moran stated the applicant has been patient during this process and staff has done a. good job in trying to work with the applicant. She said she was not comfortable with the list of design modification conditions and expressed concern regarding the compatibility of the houses with the neighborhood and felt the Commission should deny the application without prejudice which would give the applicant an opportunity to start afresh with new designs for homes which would be compatible with the neighborhood. Commissioner Burger indicated she was not as concerned about the design as the other Commissioners although she realized they do not look like the other homes in the neighborhood because it is a much newer concept. She was concerned that staff had asked for three particular changes from the applicant, and the applicant was not present to express his approval;or disapproval regarding those changes. She said she was hesitant in voting at all on the plans at this meeting and would prefer to continue the matter. In response to a question from Commissioner Burger, Planning Director Emslie responded. that an action to deny without prejudice would enable the applicant to submit revised plans to the Planning Commission that reflect the changes recommended by staff. That action would send a clear message to the applicant of what the Commission expects in terms of the design. Chairperson Tucker agreed with staff that the Commission should deny without prejudice and allow the applicant to return to the Commission with revised plans. • PLANNING COMMISSION MEETING January 9, 1991 • Page 5 PUBLIC HEARINGS Continued MORAN/CALDWELL MOVED TO DENY DR-9~0-052 WITHOUT PREJUDICE. Passed 3-1. (Commissioner Burger was opposed because she preferred to wait and discuss the matter fully with the applicant before voting.) MORAN/CALDWELL MOVED TO DENY DR-90-053 WITHOUT PREJUDICE. Passed 3-1. (Commissioner Burger was opposed for the same reason cited above.) According to staff, SD-89-018.1 was withdrawn. Later in the meeting, the applicant appeared and requested reconsideration of Items 6 and 7.' CALDWELL/MORAN MOVED FOR RECONSIDERATION OF DR-90-052 AND DR-90- 053. Passed 3-0 (Commissioner Burger left the meeting for a brief period). The Public Hearing was reopened at 11:29 p.m. The applicant addressed the Commission and summarized the changes made to the project since the last meeting. Commissioner Caldwell stated she moved for reconsideration in order to give the applicant the benefit of the Commission's earlier discussion. She reiterated her previous comments and requested the applicant's input on her comments. MORAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:38 P.M. Passed 3-0. Commissioner Moran reiterated her :previous comments regarding this application. Commissioner Burger returned and reiterated her previous comments. She noted that the only reason 'she was opposed to the denial earlier this evening was because'she felt the Commission should hear from the applicant. Commissioner Caldwell stated she would be willing to continue the item to allow the applicant an opportunity to accomplish the staff recommendations. Chairperson Tucker said she felt the applicant is moving in the right direction and felt that with a little more fine tuning he would have something that would fit better into the neighborhood. '~ . ~•~ ' PLANNING COMMISSION MEETING January 9, 1991 ~ Page 6 PUBLIC HEARINGS Continued Commissioner Moran indicated she would like to see a more simple, modest design more in keeping with the nature of the neighborhood. She was in favor of the denying the application without prejudice. CALDWELL/BURGER MOVED TO CONTINUE DR-90-052 AND DR-90-053 TO JANUARY 23, 1991. Passed 4-1 (Moran opposed). 8. 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. ,from 11/14/90). -------------------------------------------------------------- Planner Walgren presented a staff update and reviewed the staff memorandum dated January 9, 1991.; The Public Hearing was opened at ,7:55 p.m. Ms. Virginia Fanelli appeared for .the applicant. Using an overhead projector, she displayed slides showing how the applicant proposed to address the Commission's concerns of reducing the overall height by two feet and removing the vertical elements to achieve a more horizontal look. She also indicated there is extensive large tree planting provided in the landscape plan which will screen the home from Villa Oaks, from the Bilkey residence, from the people behind and also from the third residence. Regarding the equestrian path, Ms. Fanelli indicated that Mr. Gault is willing to grant an easement with specific conditions to be included in the easement. She suggested that perhaps the most appropriate means of doing that would be to meet with the City Attorney and having it incorporated into the resolution. Specifically, Mr. Gault is willing to give an easement to the Dalys only and should they sell it would be voided. It would be voided at the end of five years based on the assumption that by then the area will be quite developed and the access of horses may not be most appropriate at that time. Also, Mr. Gault would want to be named as additional insured on a policy and have the Dalys sign a hold harmless agreement with him.' MORAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 4-0. In response to a question from Commissioner Burger, City Attorney Faubion responded that unless the easement is shown on the General Plan or on some sort of planning document that has been adopted by the City, the Commission is not obligated to require the easement. • • PLANNING COMMISSION MEETING January 9, 1991 Page 7 PUBLIC HEARINGS Continued Commissioner Caldwell stated she was pleased to hear that the applicant is willing to grant an~easement but was not in favor of limiting the scope of the easement as the applicant has suggested. She said that many members of the community feel strongly about establishing permanent equestrian trails in the hillside area and are not presuming that massive development is going to take place and ultimately replace all of the horse use in Mt. Eden Valley. With respect the design of the home, Commissioner Caldwell said she reviewed the Design Review Handbook, particularly Policy 1 which discusses minimizing the perception of bulk and Policy 4 which discusses preserving views and access to views. She said she was convinced that bringing the home' down to 22 feet would be a big move and would help to bring the bulk of the home down and help reduce the overwhelming impact of the structure. In addition, the revised plans continue to include many of the vertical characteristics which she felt .still make the home bulky and overwhelming and out of scale. 'She felt the Commission should limit the home to 22 feet and should ask the applicant to further eliminate some of the vertical design features. She said she was prepared to either deny the application without prejudice or permit the applicant to go back and refine the drawings and return to the Commission. Commissioner Burger said she was. pleased with the design changes that were presented this evening. She felt that the design changes enhance the home and found that ,the home is compatible with the development that is going on in this particular subdivision. She stated she was in favor of the application and could vote for it this evening. She expressed concern, however, regarding the easement because she did not see the Commission requiring the easement for trail access on all~of the. applications and wondered what would be gained by an easement across just this lot. Mr. Emslie responded that the issue with the easement is to maintain the viability of the adjacent property as a horse-keeping property. He said it has been his experience that in horse-keeping areas the ease of access by trucks and veterinary services is very important in maintaining the viability of a prime horse-keeping property. If this area is to remain an equestrian center in the City, it is important to maintain 'the existing horse property in as viable a fashion as possible. It was his understanding that the request was made by the adjacent owners so they could get trucks back and forth. Commissioner Burger felt that, in all fairness, the easement ought not to have a sunset clause of five years but thought that the • PLANNING COMMISSION MEETING January 9, 1991 Page 8 PUBLIC HEARINGS Continued easement would cease to exist if ,the use of the adjacent property for horses was abandoned. Commissioner Moran agreed with Commissioner Burger's comments and felt the house was compatible with the area and was prepared to vote in favor of the application. She said she was not enthusiastic about the application but felt it was an improvement over what was presented before and it is in keeping with the other houses in the neighborhood. She stated she would like the house not be an oyster color. The applicant responded that the house would be a darker color. Chairperson Tucker felt the applicant had made significant changes and agreed the area is an area of, similar homes so this home will fit in. She also agreed that an equestrian easement should not have a sunset clause but if the use is discontinued did not see any need for the easement. Ms. Fanelli commented that the easement was offered by the Gaults and is not something the City can require of them. It was offered by them because they met with the.Dalys and the applicant believed the Dalys wanted to get their horses and their horse riders on to Villa Oaks and to wherever they ride. It was not their understanding that it was for servicing. She suggested that the Commission include that there will be an easement for equestrian use by the Dalys and allow the applicant to work with staff and the City Attorney to come up with something that meets the Commission's needs. Commissioner Caldwell said it was her understanding that the Commission can require an equestrian easement. She felt it would be a mistake to have the easement only benefit the Dalys because if they choose to sell their home the easement should still be honored. City Attorney Faubion responded that when the question was previously asked it was in the context of the easement having been offered. The conditions that allow the Commission to require an easement are provisions in some adopted plan. With the testimony that has occurred to date, it was 'not clear to her what grounds the City has for requiring the easement. It seems to be a private arrangement between neighboring property owners for their convenience and use. Absent the General Plan and absent an offer from the applicant, she was unsure what grounds the City has for requiring the easements. • PLANNING COMMISSION MEETING January 9, 1991 Page 9 PUBLIC HEARINGS Continued Commissioner Burger stated that if there was some question whether the City has grounds for requiring an easement, she was not comfortable with including a condition of approval that the easement be granted. Mr. Emslie responded that the two weeks before the resolution returns would allow staff to confer with the City Attorney and the applicant. BURGER/MORAN MOVED THAT STAFF BE ,DIRECTED TO PREPARE A RESOLUTION APPROVING DR-90-057 AND ALSO DIRECTED THAT STAFF PREPARE THE RESOLUTION GRANTING THE EQUESTRIAN EASEMENT IF STAFF'S RESEARCH SHOWS THAT THE CITY CAN REQUIRE THE EASEMENT AND, IF SO, DIRECTING STAFF TO WORK WITH THE APPLICANT ON THE PREPARATION OF THE GROUNDS OF THE EASEMENT; AND THAT A CONDITION BE INCLUDED THAT THE COLOR OF THE HOME IS TO BE APPROVED AT' THE STAFF LEVEL. Passed 3-1 (Caldwell opposed). 9. UP-90-006 Peninsula Recreation, Inc., 21990 Prospect Rd., request for use permit approval to expand the Saratoga Country Club golf course with new fairways, a driving range and a manmade lake. The property proposed for expansion has recently been annexed to Saratoga and a mitigated Negative Declaration has been prepared and adopted by LAFCO for both the annexation of the property to the NHR zone district and the expansion of the golf course. Relocation of an underground gas storage tank to a new above ground location is also part of this application. Commissioner Burger reported on the land use visit. Chairperson Tucker reported that a letter was received from Linda and Steve Stuckey. Planner Walgren noted that a letter was received from Mr. Gow, a neighbor, opposed to the above-ground gas storage tank. Mr. Walgren presented the Report to the Planning Commission dated January 9, 1991. In response to a question from a member of the audience, Mr. Emslie explained the function of the Local Agency Formation Commission (LAFCO). The Public Hearing was opened at 8:30 p.m. • PLANNING COMMISSION MEETING January 9, 1991 PUBLIC HEARINGS Continued • Page 10 Ms. Elizabeth van der Toorren, President of Saratoga Country Club, addressed the Commission. She reviewed the history and the details of the project. Commissioner Caldwell requested that in the course of the presentation the applicant respond to the concerns in the Midpeninsula Open Space District letter and the grading and drainage issues. Ms. van de Toorren responded that Mr. Bigler would discuss the grading, the drainage, the arborist's report and the safety issues. Mr. Richard Bigler, architect for the project, discussed the design of the golf course. He said one of the primary reasons for the lake was to make sure that none .of the water generated from the golf course ever ended up in the stream. The lake is a sealed container and the water is then reused through the sprinkler system and goes back onto the golf course. He stated that probably 950 of the trees will not be impacted. He said that some trees needed to be removed from the third hole in order to have that hole have the proper yardage to meet PGA standards. Mr. Bigler stated he suggested use of Bradford pear trees because of their many branches because the tree is used as a barrier. Even though the tree has a life of 25 to 30 years, it has an important safety feature that other trees do not have. He suggested that he meet with the arborist and staff to prepare a detailed answer to each of the trees on the course that will be :impacted. In response to a question from Commissioner Burger, Mr. Bigler described the safety nets that will be installed. Ms. Linda Stuckey addressed the Commission regarding her family's concerns. She said they have had a good relationship with the Country Club over many years. She, stated it appears their concerns have been met or are going to be met, and she requested that they be kept apprised of the plans. Mr. Bob Gow addressed the Commission regarding his concerns about the safety of the above-ground gas storage tank. Mr. Gow felt the tank should remain underground. Mr. Steve Stuckey suggested that access be provided to the lake for the fire department in the event of an emergency. Ms. van der Toorren indicated that plans and specifications were submitted to the City for the gas tank. The applicant believes that for environmental reasons it is better to have the gas tank above ground in a controlled situation rather than to risk any ~ • PLANNING COMMISSION MEETING January 9, 1991 Page it PUBLIC HEARINGS Continued leakage into the underground ecosystem. The current tank was installed about 25 years ago and is in a location that is inappropriate and it needs to be'removed. It is adjacent to the riparian corridor and is of an age where it would have to be removed under any circumstances. She said they would be happy to meet with Mr. Gow and show him the designs. She indicated that the area of concern mentioned by the Stuckeys can be accessed from the upper parking lot. Ms. van der Toorren said the question of driving range hours have not been addressed but the Country Club would want to be a good neighbor and does not plan to light the driving range. The location of the driving range is such that it cannot be seen by any residents. Mr. Walgren indicated that staff has met with representatives from County Parks and Recreation and Midpeninsula Open Space District after the letter was submitted from Midpeninsula. He received a phone call from a representative of Midpeninsula who indicated they could not make it to the public hearing but would be able to attend the next one. In general, however, they were satisfied with the mitigation measures in the report. In response to Commissioner Moran's question regarding her concerns abut the grading, Mr. Walgren clarified that the mitigation measures with regard to the grading were provided by Applied Soils Mechanics. Coates Consulting, in their initial study, mentioned as an impact that the project would require approximately 17,880 cubic yards of soil to be cut. They were referring to the cut that would take place within the County jurisdiction but at the same time both people were reviewing the entire development plan which included the County jurisdiction parcel and the City jurisdiction parcel for which the total was 32,500 cubic yards of cut and fill equally. Commissioner Burger did not feel that preparation of another Environmental Impact Report was necessary. She requested further explanation regarding where additional grading will actually take place and whether or not it is that additional grading that increases the export. She also, requested discussion about the access to the lake for fire protection and requested additional information regarding the plans for the gas tank. Commissioner Caldwell requested that the applicant provide a copy of the approval papers received from the appropriate authorities on reviewing the plans for the above ground tank. Commissioner Burger requested additional information regarding the safety netting. ~ • PLANNING COMMISSION MEETING January 9, 1991 ~ Page 12 PUBLIC HEARINGS Continued Commissioner Moran said she would like to see pictures of the netting or would like to visit an~area where such netting is used. Commissioner Caldwell indicated her desire that staff work with the applicant and City Arborist regarding the issues in the City Arborist's report concerning tree replacement and relocation and use of native and drought tolerant species. Commissioner Caldwell wished to ,clarify for the record that the staff report indicates this property is currently in zone NHR but it should be made clear that this property was annexed with the understanding that it would be zoned under the new zoning district residential open space. Mr. Emslie indicated it is staff's intention to amend the initial study and Negative Declaration. and in doing so contact the consultant who prepared the analysis to have him clarify that he understood the impact of the mitigation measures. The attorney for the applicant addressed the Commission and stated there was no legal basis to do a new initial study or a new Negative Declaration. She felt the environmental documents adequately cover the project. The role of the responsible agency with respect to CEQA Guidelines that have already been prepared is extremely limited and there are court cases with respect to that. If there were changes in the project that were so significant as to raise new environmental impacts that would be a new project and a time for new documents. Based on the testimony this evening, she did not believe there was any evidence that there are new environmental impacts. The reason for the change in grading was to mitigate environmental impacts, it lessens and does not increase them. The standard under CEQA 'for preparing new environmental documents are changes which create new significant adverse environmental impacts. Given there was no evidence of that and given the limited role of responsible agencies under CEQA, she respectfully requested that the ;Commission not direct staff to revise environmental documents but that staff and the applicant work together to tailor the conditions on the permit to address the environmental and other issues that the Commission sees with the project. Mr. Emslie indicated he disagreed with counsel for the applicant that the City is considered the responsible agency in this case but is the lead agency because it must issue a permit and is issued a permit which by definition requires the City to make its own environmental findings. In this case the City is reviewing documentation that has already been prepared and the City has every avenue open to it to make sure that the information is adequate. • • PLANNING COMMISSION MEETING January 9, 1991 Page 13 PUBLIC HEARINGS Continued The item was continued to February 13, 1991. Break 9:30 p.m. - 9:45 p.m. 10. V-90-036 Grotzinger, 13073 Glen Brae Dr., request for variance approval to allow 58.360 impervious coverage on a 12,960 sq. ft. parcel for the addition of a new swimming pool, deck, concrete patio, walkways, and a pool equipment accessory structure where 550 impervious coverage is allowed. Variance approval is also requested for a reduction of the side yard setback to 7 ft., where 10 ft. is required, for the placement of a 3 ft. high, 20 sq. ft. pool equipment accessory structure within the R-1-12,500 zone district per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated January 9, 1991. The Public Hearing was opened at 9:50 p.m. Mr. Bill Grotzinger, applicant, addressed the Commission regarding his project. The contractor for the project addressed the Commission regarding the project and said he was not aware the applicant was over his allowed coverage. Mr. Michael Hunt, 13049 Glen Brae, addressed the Commission. He said after discussing the issue of the noise from the pool equipment with the applicant and after reviewing the type of equipment to be used he felt it would not be a concern. He also said he did not have an issue with the impervious coverage. CALDWELL/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M. Passed 4-0. Commissioner Burger stated that she felt the proposed location for the pool equipment is the most logical spot on the lot for it to be located. She said that because 'the homes are built out to the limit on the side yards, the side yards are essentially unusable space. She also said that she would like to see the impervious coverage stay at the limit of 55~ and how that is achieved could be left to the discretion of the applicant. • • PLANNING COMMISSION MEETING January 9, 1991 Page 14 PUBLIC HEARINGS Continued Commissioner Caldwell indicated she agreed with the staff report and could not make the findings for the variance. Commissioner Moran was not in favor of granting the variance for the impervious coverage. She did not feel there were circumstances on the lot that could support the variance findings for the pool equipment. Chairperson Tucker said she, too, could not make the variance findings. She felt there were other places available to locate the pool equipment, and the proposed location could be a problem for the neighbor at some time in the ;future. In response to Commissioner Burger's question, Mr. Walgren responded that either end of the building in the rear yard would be a conforming location for the pool equipment. Commissioner Burger said that in her opinion the accepted location in the northeast corner is not a good spot because there is a curved retaining wall around the rear yard which is elevated which would cause the pool equipment to be elevated above the proposed usable part of the yard. CALDWELL/TUCKER MOVED FOR DENIAL OF V-90-036. Passed 3-1 (Commissioner Burger was opposed because she would like to see some exploration of other sites for the pool equipment). 11. DR-90-048.1 Rinaldo, 14071 Saratoga-Sunnyvale Rd., request for design review approval to demolish existing one- story home and construct a new 4,120 sq. ft. one- story structure within the R-1-10,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated January 9, 1991. ; The Public Hearing was opened at :10:15 p.m. Mr. Al Rinaldo, the applicant, provided a history of the project. He described the proposed project and said the proposed structure has been proposed for the purpose of addressing the issues that were raised during the original ,application. He indicated that taking the structure down to one story and trying to maintain the minimum setbacks from the front yard setback as well as providing a back. yard to work with would necessitate removal of two trees. ~ • PLANNING COMMISSION MEETING January 9, 1991 Page i5 PUBLIC HEARINGS Continued Mr. Stan Hopper, 14091 Saratoga-Sunnyvale Rd., addressed the Commission and stated that the trees shed needles, produce pollen, are dirty and are of no value. CALDWELL/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:24 P.M. Passed 4-0. In response to a question from ,Commissioner Moran, Mr. Walgren stated that the various ways of redesigning the floor plan so that the home would be moved away from the trunks of the trees include reducing the square footage or using part of the rear yard or front yard. Commissioner Caldwell agreed with the staff report and felt the trees are worth preserving. She:felt that could be done without significantly compromising the design of the home by moving the home forward. She would be amenable td approving the application if the home were to be moved outside of the minimum protected zones of the trees. Commissioner Burger agreed that the home could be moved forward and the front yard setback would still be maintained. However, there would be the problem of the 24 inch fir tree. She suggested asking the arborist whether there is possibility of construction close to the trunk of the tree. She said she would like to see the house come forward five feet and preserve the 26 inch redwood and consider removal of the fir. Chairperson Tucker said she was leaning in that direction primarily because the neighbor has specified that the fir is causing him problems. Commissioner Moran stated that there may be a way to save the 24 inch fir with some creative redesign of the wing of the home involving the tree. BURGER/MORAN MOVED APPROVAL OF DR-90-048.1 ALLOWING FOR REMOVAL OF THE 24-INCH FIR BUT MOVING THE HOME FORWARD ON THE LOT TO CONFORM WITH THE CITY ARBORIST'S RECOMMENDATIONS FOR THE PRESERVATION OF THE 26-INCH REDWOOD TREE. Commissioner Moran seconded the motion for purposes of discussion. In response to Commissioner Moran's question regarding the proposal, Mr. Walgren commented that the applicant and the neighbor both consider the tree a nuisance but the City Arborist has recommended that it is a healthy specimen and should be preserved. He said the minimum radius of the; driveway might be tight if the ~ ~ PLANNING COMMISSION MEETING January 9, 1991 Page 16 PUBLIC HEARINGS Continued house were moved forward but that .could probably be worked out with a combination of moving it forward and reducing the family room. BURGER/MORAN AMENDED THE MOTION TO INCLUDE A CONDITION FOR REPLACEMENT OF THE TREE THAT WOULD BE REMOVED WITH A SIZE, NUMBER AND SPECIES SUBJECT TO STAFF'S APPROVAL. Commissioner Moran stated she was having a problem with removal of the tree. She felt the tree adds to the character of the street. Commissioner Caldwell agreed with,Commissioner Moran and suggested staff work with the applicant 'to see what could be done to accommodate the tree to save it without significant compromise or redesign of the structure. She said if the tree could not be saved she may be agreeable to replacement of the tree with an appropriate size, species and number. BURGER/MORAN AMENDED THE MOTION TO A MOTION TO CONTINUE THE ITEM. Mr. Rinaldo said he believed the matter was already discussed with staff and they came to an impasse as to how the tree could be worked around. The applicant's position was that the tree should be removed. He said the only input received from staff was to move the side yard setback an additional ten feet. He requested that the Commission vote on the matter. Commissioner Burger withdrew her 'previous motion. BURGER/MORAN MOVED FOR DENIAL OF~DR-90-048.1. Passed 4-0. 12. DR-90-072 Hary, 15201 Quito Road, request for design review approval to construct a new one-story 6,349 sq. ft. residence within the R-1-40,000 zone district per Chapter 15 of the City Code. The project includes the main residence, a pool, a tennis court and an accessory structure. -------------------------------------------------------------- This item was continued to January 23, 1991 at the request of the applicant. 13. DR-90-036. Gerla, 22188 Villa Oaks Ln., request for design review approval to construct a new 6,659 sq. ft., two-story, single family residence on a 2.54 acre parcel in the NHR zone district per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. • • PLANNING COMMISSION MEETING January 9, 1991 Page 17 PUBLIC HEARINGS Continued Planning Director Emslie presented the Report to the Planning Commission dated January 9, 1991. Chairperson Tucker questioned whether the greenhouse included in the plans is an accessory structure and whether it was included in the total square footage. Mr. Emslie responded that the site of the structure does not include the greenhouse. The greenhouse would be an accessory structure and would have to be counted in the square footage. The Public Hearing was opened at ,10:50 p.m. The architect for the project addressed the Commission. He said the applicant was basically agreeable to the staff report with the exception of what has been labeled as turrets. He addressed the issue of the turrets and presented an alternative plan. In response to Chairperson Tucker's question regarding the greenhouse, the architect stated the greenhouse would not exceed 140 sq. ft. , but it is not the intention of the applicant to pursue the pool or the greenhouse at this time so it is not part of this application. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:56 P.M. Passed 4-0. Commissioner Caldwell stated that;the line of sight study initiated by the applicant would be helpful because the prominence of the home has a lot to do with how she views the design. She did not feel that the alternative design looked different from the original design and it still has a strong vertical aspect to it that adds significantly to the bulk of the home. She also felt that the turrets also add to the bulk of the home.. Commissioner Burger agreed with Commissioner Caldwell about the line of sight because the home 'will be located on a prominent location and stands a chance of being so overpowering that it could loom in looking down the road. A line of sight study would go a long way towards helping her decide about coming to a decision on the proposal. Commissioner Moran agreed with the other Commissioners' comments. She agreed with the staff report and felt that a redesign or removal of the vertical elements should be considered. Chairperson Tucker concurred with the other Commissioners' comments. • • PLANNING COMMISSION MEETING January 9, 1991 Page 18 PUBLIC HEARINGS Continued MORAN/CALDWELL MOVED TO CONTINUE; DR-90-036 TO FEBRUARY 13, 1991. Passed 4-0. 14. 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. -------------------------------------------------------------- Planning Director Emslie reviewed the Memorandum dated October 30, 1990 and answered Commissioners' questions regarding the proposal. The Public Hearing was opened at 11:15 p.m. Mr. Bill Murphy, 12150 Saraglen Drive, addressed the Commission on behalf of the Los Gatos-Saratoga Board of Realtors. He said the Board is in favor of the City policing the open house signs. He expressed concern regarding staff's comments concerning policing. The Board feels that there has been a problem in the past in that City staff is not present when the signs are out over the weekends. He strongly encouraged that the City staff be available over the weekends for policing purposes. He said the Board has the most control over its own members but has no control over the "for sale by owners" and little control over members of other real estate boards. Mr. Emslie commented that the City has enforcement personnel staffing the City over the weekend. He said there was no reason why Community Service Officers could not pass through town in the early weekend evenings. Mr. Murphy stated the Board would also like the Commission to consider the use of A-frames. He said it was difficult for some realtors to drive stakes into the ground. Mr. Emslie responded that there is a staff concern about.A-frames because if they are not placed properly they could end up on the sidewalk or a bike path. Commissioner Burger said she was agreeable to having the signs removed at 6:00 p.m. after the event is over. She stated she did not feel the fine was too steep and it should remain at $50. She disagreed with staff regarding the A-frame signs. She felt that with proper notification to people who will be using the signs and a steep fine the A-frame signs may be acceptable. Commissioner Caldwell stated she has observed nonrealtors moving A- frame signs. • • PLANNING COMMISSION MEETING January 9, 1991 Page 19 PUBLIC HEARINGS Continued Mr. Murphy indicated that realtors are required to get permission of homeowners when they put up a~sign, and it is typically not a homeowner that moves a sign. Commissioner Burger left the meeting during the remainder of the discussion of the item. MORAN/CALDWELL MOVED TO CONTINUE AZO-90-009 TO FEBRUARY 27, 1991. Passed 3-0. Commissioner Caldwell moved for reconsideration of Items 6 and 7. See above. DIRECTOR'S ITEMS 1. Future Agenda Items 2. Committee-of-the Whole Report 12/18/90 COMMISSION ITEMS ~Tritten oral a. Commissioner Moran reported on her attendance at the Open Space Committee meeting. b. Commissioner Caldwell noted that in the Saratoga County Club packet there was material included by the City Arborist regarding Monterey pines. She suggested that there be something in the next saratogan regarding Monterey pines. City Council a. Mr. Emslie reported on the City Council meeting. b. Commissioner Burger expressed concern that the Commission is still not receiving City Council. There was Commission consensus that a request be made by the Planning Director on behalf of the Commission that the Commission receive City Council minutes. PLANNING COMMISSION MEETING January 9, 1991 • Page 20 ADJOURNI~sENT The Planning Commission meeting was adjourned at 11:55 p.m. Rebecca Cuffman