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HomeMy WebLinkAbout05-08-1991 Planning Commission minutes. _ - ;:- . DATE: PLACE: TYPE: • ~ CITY OF SARATOGA PLANNING COMMISSION MINUTES May 8, 1991 - 7:30 p.m. City Council Chambers, Saratoga, CA 13777 Fruitvale Avenue, Regular Meeting Roll Call: Chairperson Moran, Commissioners Forbes, and Tucker. Commissioners Caldwell and Durket arrived as noted; Commissioner Bogosian was absent. Pledge of Allegiance Minutes - 4/10/91 TUCKER/FORBES MOVED TO APPROVE THE MINUTES OF APRIL 10 , 1991 AS AMENDED. Passed 3-0. ORAL COMMUNICATIONS: None. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 3, 1991. Technical Corrections to Packet Material: None. PUBLIC HEARINGS CONSENT CALENDAR: None. Commissioners Caldwell and Durket arrived at 7:35 p.m. PUBLIC HEARINGS' 1. SUP-91-001 McCue, 19411 San Marcos Rd., request for a second unit use permit to allow the construction of an 800 sq. ft. second unit attached to an existing 2,049 sq. ft. single-family residence on a 1.25 acre parcel in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from 4/24/91). -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated April 24, 1991. The public hearing was opened at 7:36 p.m. Ms. Virginia McCue, 19411 San Marcos Rd., addressed the Commission regarding the project. • • PLANNING COMMISSION MEETING May 8, 1991 Page 2 PUBLIC HEARINGS Continued TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 7:38 P.M. Passed 5-0. TUCKER/FORBES MOVED TO APPROVE SUP-91-001. Chairperson Moran expressed concern regarding Condition 10 which indicates that the third garage space shall be improved for automobile ingress and egress. She requested an addition to the condition that landscaping be provided between the new driveway approach and the back lot line o,f the neighbors because she was concerned about the privacy impact. MORAN/TUCKER MOVED TO AMEND THE MOTION TO INCLUDE THAT STAFF APPROVE LANDSCAPING TO BUFFER THE SOUTHERN NEIGHBOR FROM THE NEWLY CONFIGURED GARAGE AS AN ADDITION TO CONDITION NO. 10. Passed 5-0. The original motion carried 5-0. 2. DR-91-011 J. Lohr Properties, 14565 Chester Ave., request for design review approval to construct a new 5,340 sq. ft., two-story single family residence on a 44,062 sq. ft. vacant parcel in the R-1- 40,000 zone district per Chapter 15 of the City Code (cont. from 4/24/91). -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated April 24, 1991. The public hearing was opened at 7:43 p.m. Mr. John Edwards, Project Manager for J. Lohr Properties, addressed the Commission regarding the proposal. FORBES/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. Passed 5-0. CALDWELL/DURKET MOVED TO APPROVE DR-91-011. Commissioner Tucker stated she was disappointed that the cut and fill exceeds the 1,000 square feet to which the Commission tries to adhere. She did not have any concerns regarding the design of the home. Chairperson Moran agreed with Commissioner Tucker's concerns but felt the house would be compatible with the neighborhood. The motion carried 5-0. • PLANNING COMMISSION MEETING May 8, 1991 Page 3 PUBLIC HEARINGS Continued 3. V-91-005 Hardie, 13393 Sousa Ln., variance request to allow a 48 sq. ft. second story room addition to encroach 4 ft. into a 10 ft. required side yard setback in the R-1-10,000 zone district per Chapter 15 of the City Code (cont. from 4/24/91). -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated April 24, 1991. The public hearing was opened at 7:49 p.m. Mr. James Gatz appeared for the applicant and described the proposal in detail. DURKET/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. Passed 5-0. Commissioner Tucker agreed with the staff report. She said she visited the site and there appear to be other places on the property where a greenhouse can be placed. She said she could not make the findings. TUCKER/DURKET MOVED TO DENY V-91-005. Commissioners Caldwell, Durket and Forbes all indicated they could not make the findings. The motion carried 5-0. 4. DR-89-110 Tai, 21451 Continental Circle, request for design review approval to construct a new 7,254 sq. ft. two-story residence on a 3-acre parcel within the NHR zone district per Chapter 15 of the City Code (cont. from 4/24/91). -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated April 24, 1991. Planning Director Emslie noted the receipt of a letter from Ronni Lacroute, past President of the Parker Ranch Homeowners Association, stating her views on the project. The public hearing was opened at 8:06 p.m. The applicant was not present and there was no one present who wished to address the Commission. • ~ PLANNING COMMISSION MEETING May 8, 1991 Page 4 PUBLIC HEARINGS Continued TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 8:06 P.M. Passed 5-0. The applicant arrived and the public hearing was opened at 8:07 p.m. Mr. Paul Tai, applicant, described the project in detail, requested input from the Commission regarding the project and answered Commissioners' questions regarding the proposal. TUCKER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:27 P.M. Passed 5-0. Commissioner Caldwell questioned the possibility of relocating the house closer to the street. Mr. Emslie responded that the site sits far out on the knoll and it would probably be possible to move the house closer to the street. DURKET/TUCKER MOVED TO CONTINUE DR-89-110 TO JUNE 12, 1991 WITH A STUDY SESSION ON MAY 28. Commissioner Durket stated he did not feel the staff's concerns have been addressed. He also agreed with other Commissioners' suggestions of looking at the decks on a elevation and a landscaping plan. He also agreed with the staff recommendations that natural materials be used. He expressed concern regarding the length of the house with respect to its appearance of mass and bulk and the ornate style of the home. Commissioner Caldwell requested that landscape plans incorporating additional landscaping on the north and east elevations be provided at the study session. The motion carried on a 5-0 vote. Break 8:45 p.m. - 9:00 p.m. Chairperson Moran moved the agenda to item 6. 6. SM-91-001 Thakur, 21537 Saratoga Heights Dr., request for site modification to previously approved plans in order to construct a pool, decking and associated yard improvements to a partially constructed two- story residence on a 3.2 acre parcel located within the NHR zone district per Chapter 15 of the City Code (cont. from 4/10/91). -------------------------------------------------------------- • ~ PLANNING COMMISSION MEETING May 8, 1991 Page 5 PUBLIC HEARINGS Continued Planning Director Emslie reviewed the staff memorandum dated May 8, 1991. The public hearing was opened at 9:01 p.m. Mr. Thakur, applicant, reviewed the history of the proposal. Ms. Sachi Taneguchi, 21503 Saratoga Heights Dr., addressed the Commission in support of the proposal. Dr. James Page, president of the homeowners association, addressed the Commission in support of the project. Dr. Ron Matsuura, 21536 Saratoga Heights Dr., addressed the Commission in support of the project. Ms. Marie Rose Gaspar, 14754 Pierce Road, addressed the Commission in support of the proposal. TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 9:18 P.M. PASSED 5-0. Commissioner Tucker was agreeable to 24 gallon trees around the pool but was in favor of leaving 15 gallon trees for the remainder of the property. Chairperson Moran suggested that some of the trees be placed between the applicant's property and the neighbor's property. TUCKER/FORBES MOVED FOR APPROVAL OF SM-91-001 WITH THE STIPULATION THAT CONDITION NO. 6 BE MODIFIED TO DELETE THE OPEN WIRE FENCING AND SUBSTITUTE WROUGHT IRON; THAT CONDITION NO. 7 IS MODIFIED TO DELETE 15-GALLON NATIVE TREES TO 24-INCH BOX NATIVE TREES TO BE LOCATED PURSUANT TO A SITE VISIT CONDUCTED BY THE PLANNING DEPARTMENT TO PROVIDE SCREENING TO THE VISUALLY AFFECTED PROPERTY AND THE STREET. Commissioner Durket stated he would be more comfortable with open wire fence because it would be less intrusive. Commissioner Caldwell stated she would not be voting in favor of this application because she could not make the second finding. She could not find that the site is visibly suitable for the type and intensity of development proposed. However, she felt that a wrought iron fence would look better than a hog wire fence. The motion carried on a 4-1 vote (Caldwell opposed). PLANNING COMMISSION MEETING May 8, 1991 Page 6 PUBLIC HEARINGS Continued 5. City of Saratoga - Draft Circulation Element Abstract for review and comment (cont. from 4/24/91). -------------------------------------------------------------- Planning Director Emslie reviewed the staff memorandum dated April 24, 1991. The public hearing was opened at 9:54 p.m. Ms. Jensen of Quito Road addressed the Commission. She expressed concern regarding Section VII. She felt that the Council and various commissions in the City must retain control over the policies. Chairperson Moran indicated that the word "make" on the third line was probably a word processing error and should be "suggest." Ms. Jensen noted on page 3-7 that the report indicates the Environmental Impact Report (EIR) was completed in 1980. She pointed out that the EIR for the Route 85 corridor was never completed. The incomplete portions of the report include the impact of Route 85 on flooding, creeks and the underground water supply. There was also never a study done on the impact of traffic on Lawrence Expressway or Saratoga-Sunnyvale Road. She suggested that the element address the issues that have not been addressed. She also suggested that Lawrence Expressway is already at maximum use and felt Allendale and Quito should not be improved. She felt that the overhead lines should be put underground. Mr. Robert Wilson, Mettler Court; addressed the Commission. He said he did not feel Quito Road needs to be widened and discussed the influence on a community of widening roads. TUCKER/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 10:09 P.M. Passed 5-0. Commissioner Caldwell was in agreement with staff's statements that the existing infrastructure appears to be adequate and she was in favor of the circulation element reflecting that retaining existing road widths is a preferred policy. She expressed concern with respect to the Council direction regarding Quito, Pierce and Swine Roads and suggested the Commission seek further direction in order to clear that up. She also did not feel it was necessary to have a consultant perform additional studies. She concurred with the focus on nonvehicular modes of transportation and agreed with staff's suggestions regarding the public review process. She felt it was important that the element contain accurate statements and stated she wished to study some of the issues more. She requested • PLANNING COMMISSION MEETING May 8, 1991 Page 7 PUBLIC HEARINGS Continued staff provide background information regarding Ms. Jensen's comments. She reiterated her previous comments regarding the heritage designation. Commissioner Durket agreed with Commissioner Caldwell's comments. He suggested that questionnaires 'be sent out similar to the ones sent out on the General Plan. Commissioner Tucker suggested sending notices to homeowner associations because it would be costly and take a lot of time to conduct a survey. Commissioner Caldwell suggested that neighborhood meetings would be an effective way to determine how the citizens feel. Chairperson Moran said she would like to see the Commission study the issue of classification with a full set of data before it. Mr. Emslie reviewed the comments of the Commissioners. There was Commission consensus to focus on the feasibility of an alternative to nonvehicular traffic to major centers in the community. Mr. Emslie indicated staff would return to the Commission with a publicity plan after studying methods for communicating with the citizens. Staff would also provide information on what form an outside study would take in order for the Planning Commission to determine the scope of work on the items. Commissioner Caldwell suggested a discussion regarding policy issues concern roads at the joint meeting with the City Council. 7. DR-90-079 Constantin, 20855 Kittridge Rd., request for design SD-90-009 review approval and building site approval to V-90-037 construct a new two-story 4,390 sq. ft. residence on a 1.8 acre site within the HC-RD zone district per Chapter 14 and 15 of the City Code. Variance approval is also requested to allow the residence to be constructed on a pad with an average slope of 85% and to allow the structure to exceed the 26 ft. height limitation. -------------------------------------------------------------- Planner Walgren presented the Report to the Planning Commission dated May 8, 1991. He noted receipt of two letters from Mr. and Mrs. Cheeseman, 20800 Kittridge Road, and a letter from Mr. Phipps, 15270 Norton Road. • PLANNING COMMISSION MEETING May 8, 1991 Page 8 PUBLIC HEARINGS Continued The public hearing was opened at 10:34 p.m. Ms. Virginia Fanelli and Mr. Dave Groezinger appeared for the applicant. Ms. Fanelli described the proposal in detail. She stated a meeting was held with the neighbors and most of those attending seemed satisfied that the home would not disturb the natural slope and that the trees would be preserved. In response to Commissioner Tucker's question, Mr. Groezinger described the proposed retaining wall. Mr. Beverly Phipps, 15270 Norton Road, addressed the Commission in opposition to the proposal. He felt the site was too steep and the land was unstable to build on. Mr. David Doloff addressed the Commission and described the location of the Berrocal fault. He said that engineering wise the lot could probably be built on but felt the lot is too steep and unstable. Ms. Gail Cheeseman, 20800 Kittridge Road, addressed the Commission in opposition to the proposal because of the instability of the property. Ms. Fanelli responded to the speakers' comments. She said there have been numerous geologic reports submitted giving clearance to allow this project to go forward. TUCKER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:10 P.M. Passed 5-0. In response to questions from Commissioners Caldwell and Durket, Ms . Faubion replied that the f first point to keep in mind is the question of whether the lot is legally created. She indicated there is reference to a tract map; however, it is an old tract map that appears to predate the Subdivision Map Act. For purposes of discussion, she made the assumption that it is a legally created lot. Therefore, the question becomes what is done with a site that is as constrained as this site. The basic law would be that the property owner has title to some reasonable use of the property and would look to the zoning ordinance to see what use is permitted in that district. If the City fails to approve any use whatsoever for the site, there will probably be a situation of taking of the property and the City would probably have to pay for that. The amount of the payment would be established through a condemnation proceeding. Ms. Faubion felt there may be some room to discuss the issue further and noted that the size of the house is rather large and perhaps a smaller house may be more easily accommodated and • • PLANNING COMMISSION MEETING May 8, 1991 Page 9 PUBLIC HEARINGS Continued more acceptable to the City. She suggested that aspect be investigated as an alternative to not allowing any development at all. Commissioner Caldwell questioned whether a discussion with the City Geologist would be helpful to the Commission in understanding the risks that the geologists contemplated and the risks built into the City Geologist's approval of the .lot. Mr. Emslie recommended that the Commission meet with the City Geologist. CALDWELL/FORBES MOVED TO CONTINUE DR-90-079, SD-90-009 AND V-90-037 TO JULY 10, 1991 WITH A STUDY SESSION ON MAY 28 IN ORDER TO DISCUSS THE MATTER WITH THE CITY GEOLOGIST. Commissioner Durket said as the application stands he could not make the findings but did not preclude the findings on a much smaller house. He stated he would like to see plans for a smaller house. He assumed the site was buildable but with a smaller house. Commissioner Tucker was agreeable to a study session and felt the house should be at a lower height. Commissioner Caldwell suggested that the design issues also be discussed at the study. Chairperson Moran replied that the Commission's analysis of the situation would not be advanced by having alternative plans and at this point the applicant has not been given enough direction. Due to the lateness of the hour, the Commission continued the following items to May 22, 1991. The motion carried on a 5-0 vote. 8. DR-91-017 Noonan, 19651 Glen Una Dr., request for design V-91-004 review approval to construct a 921 sq. ft. one- story addition to an existing single family residence for a total of 5, 312 sq. ft. on a 1.3 acre site in the R-1-40,000 zone district per Chapter 15 of the.City Code. Variance approval is also requested to allow a portion of the addition to encroach 5 ft. into the 25 ft. required exterior side yard setback. ------------------------------=------------------------------- • PLANNING COMMISSION MEETING May 8, 1991 Page 10 PUBLIC HEARINGS Continued 9. A-632.1 Bellemo, 18578 Prospect Rd., request for modification to an approved sign program at Westgate Corner commercial development to allow the monument sign to extend from 4 ft. in height to 10 ft. in height per Chapter 15 of the City Code. -------------------------------------------------------------- 10. DR-90-044 De La Cruz, 21210 Chadwick Ct., request to construct a new 4,987 sq. ft., two-story single- family residence on a 1.17 acre parcel within the NHR zone district per Chapter 15 of the City Code. -------------------------------------------------------------- DIRECTOR'S ITEMS 1. Mr. Emslie discussed the previous night's design review meeting. 2. Chairperson Moran requested reconsideration of the Minutes of April 10 in order for Commissioners Caldwell and Durket to make revisions. Commissioner Caldwell requested that the words "in that it" be deleted from the seventh line of the last paragraph of page 12. She requested that Commissioner Tucker's comments in the tenth line of the third paragraph of page 13 be amended to read "there are a number of trees that were proposed..." She also requested that on page 16 in the third paragraph from the bottom the word "given" be omitted from the first line and the word "which" be omitted from the second line. Commissioner Durket requested that the fourth paragraph on page 17 be amended to indicate he was unclear as to the City Council's direction with respect to the settlement agreement and how it interacts with the Commission's review process. TUCKER/FORBES MOVED TO APPROVE THE MINUTES OF APRIL 10, 1991 AS AMENDED. Passed 5-0. • • PLANNING COMMISSION MEETING May 8, 1991 Page 11 COMMISSION ITEMS COMMUNICATIONS Written 1. Committee-of-the-Whole Minutes - 4/30/91 & 4/16/91 2. Heritage Preservation Minutes - 3/6/91 3. City Council Minutes - 3/26/91, 4/3/91, 4/17/91 & 4/23/91 oral City Council Commissioner Tucker reported on the City Council meeting. ADJOURNMENT- The Planning Commission meeting was adjourned at 11:47 p.m. Rebecca Cuffman