Loading...
HomeMy WebLinkAbout06-24-1991 Planning Commission Minutes:••• _ CITY" SARATOGA PLANNING COMMI:~ON MINUTES DATE: June 24, 1992 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Ave. TYPE: Regular Meeting ---------------------------------=------------------------------ Roll Call Present: Chairperson Caldwell, Moran, Favero, Forbes (arrived 7:35 p.m.) Pledge of Allegiance Minutes - 6/10/92 Minutes of June 10, 1992 Commissioners Tucker, Bogosian, (arrived 7:35 p.m.) and Durket Chr. Caldwell made the following changes: Page 4, 2nd paragraph should read "Com. Bogosian stated he would support the motion, but expressed concern about the findings. He noted the lack of neighbors objections have no relevance to the findings and should not be included in the design review process. "All the Commissioners agreed". Page 5, Com. Bogosian's comments, last sentence should read "He expressed concern about the tower element, noting it adds to the perceived bulk and the columns lined up add to the mass". Page 6, 3rd Paragraph, 1st sentence should read "Chr. Caldwell noted one of the recommendations from the Citizens Committee regarding the Cocciardi matter was to have full contemplation of the mitigation measures required when reviewing the project." 4th Paragraph, add "There shall be no construction until all the information is in." Page 11, 2nd full paragraph add the word "All" to the beginning of the sentence. Paragraph 11 should read "Coma Caldwell noted the Planning Commission had come to an understanding to reduce the number of study sessions." Paragraph 12 should read "Com. Moran stated the Commission has a policy for 2 study sessions a month, and should adhere to this." Page 12, Paragraph 6, Code indicates that the construction work period is from 7:30 a.m. to 6 p.m, Com. Favero made the following changes: Page 4, Paragraph 1, should reflect that this is a single family application within a multi-family neighborhood and hopes that at a later date the applicant would consider adding trees to mitigate the mass. Planning Commissio~inutes i Meeting of June 24, 1992 Page 2 Page 5, Com Favero's comments should reflect that recent geological studies regarding the consequence of recent earthquakes and suggested that the City look into these risks when reviewing the hillsides. MORAN/TUCKER MOVED TO APPROVE THE MINUTES OF JUNE 10, 1992, AS AMENDED. PASSED 6-0. (Forbes abstain) ORAL COMMUNICATIONS - None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 19, 1992. Technical Corrections to Packet Planner Walgren outlined the following technical corrections to the packet. Item 2, Cond. 7 words "installation of landscape improvements" should be stricken from the record; Cond. 37 has been revised and will be inserted. Item 6, Cond. 3, a row of 15 gallon escallonia trees to be planted 2 1/2 ft. on center PUBLIC HEARING CONSENT CALENDAR - None PUBLIC HEARINGS ** 1. DR-91-063 - Evans, 21225 Comer Dr., request for design review approval to construct a new, 7,969 sq. ft., two-story residence and to allow two rear yard decks to exceed the minimum allowed 5 foot underfloor clearance area, pursuant to Chapter 15 of the City Code. The lower deck is proposed at a height of 6.9 feet with the upper level deck approximately 8.4 feet beyond that. The parcel is approximately 5 acres in size and is. located within the NHR zone district (cont. from 6/10/92; application expires 9/17/92). ------------------------------------------------------------- Planner Walgren presented the staff report date June 19, 1992 and answered questions of the Commission. Mr. Larry Perlin, City Engineer, stated there are two hazards on the property, one is an old landslide and the other an active landslide of which there is considerable debate. Regarding the old landslide, Mr. Perlin stated it is mapped and extends within the vicinity of the proposed structure. He noted the City's consultant Planning Commissio~inutes ~ • Meeting of June 24, 1992 Page 3 withheld recommending geotechnical clearance until the landslide was verified. He noted the studies were done and the applicant's consultant did satisfy the concerns of the City's consultant with regards to this landslide. He noted the other landslide does not impact the building location. He 'stated the concern is that it may impact Comer Drive and the retaining wall supporting the fill. He noted the applicant's engineer with the City's consultant will review the requirements if the landslide becomes active. He noted he supports the geotechnical clearance, so the design review can go forward. He noted Condition 15 requires the applicant to further characterize the landslide. In response to Com. Bogosian's question, regarding Comer Drive being unstable, Mr. Perlin stated either the landslide formation would be removed and replaced or strengthen the existing retaining wall. He stated there would be no'realignment of Comer Dr. and the cost would go to the applicant. Mr. Perlin answered questions of the Commissioners noting the following: the landslide does not impact the proposed structure; mitigation is covered in the conditions; no building permits will be issued until the geotechnical clearance is fully complete. He also stated if the slide area has to be replaced a large amount of material will not be involved. He noted the most economical and least impact would be to reinforce, the retaining wall. He noted he is confident that the slide area mapped is accurate and confident that the applicant's consultant is using the most current technology when conducting the studies. The public hearing was opened at 8:02 p.m. Mr. Jim Evans, 930 Oak Dale Ct:, noted they have had several expensive studies done regarding the landslides and has cooperated with the City. He expressed his concern about the hold up regarding the geotechnical studies and noted the structure proposed will not be impacted. He noted Comer Drive was built by the City and he should not be responsible for it. Mr. Dan Peluso, 1461 Merrywood Way, San Jose, in response to Com. Favero's question stated that the area around the house is highly stable if the recommendations are carried out during construction. The area of the active landslide is low to moderate stability. Mr. Peluso went on to explain the nature of the landslide and noted the structure is set back and will not be impacted. In response to Chr. Caldwell's question, Mr. Peluso stated a few 1000 cubic yards would be involved for excavating. Mr. Perlin outlined the cut and fill required as outlined in the resolution. Com. Bogosian stated tests need to be done to assess the depth of the landslide. In response to Chr. Caldwell's question, Mr. Perlin stated the applicant would not be involved in these studies if the public road was not there. Mr. Jim Evans expressed concern about Condition 20. He feels there is no reason for this condition. Planning Commissio~inutes • Meeting of June 24, 1992 Page 4 Planner Walgren stated this is an agreement with the applicant and the intent is to prohibit development on this piece of property. He noted the condition does allow for landscaping and garden structures and is not an easement or dedication to the City. He noted the condition will run with the property. Com. Favero stated this condition will help preserve the open space and also help maintain the low density character of the neighborhood. He noted this is something they are trying to accomplish City wide. Planning Director Curtis stated that although some conditions may be redundant they are addressed for clarification purposes. FORBES/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 7-0. TUCKER/BOGOSIAN MOVED TO APPROVE DR-91-063 SUBJECT TO THE STAFF REPORT. Com. Bogosian stated his concerns regarding the design review have been satisfied as have the geotechnical studies. Chr. Caldwell noted her concerns were with the geotechnical studies and they have been addressed. Com. Moran thanked the applicant and the architect for addressing the concerns raised. Com. Favero spoke in favor of the application. Com. Durket stated he is satisfied with the geotechnical studies, but still expressed concerns regarding bulk and mass. He noted he would not be supporting this item. The above motion was carried 6-i .(Durket No). 2. SD-91-005 - Kerwin Ranch L.P., 13616 Fruitvale Ave., request for tentative map approval to subdivide an 11.6 acre site into sixteen (16) single family :residential parcels ranging from 20,000 to 32,000 sq. ft. in size. The subject property is located at the southeast corner of Saratoga and Fruitvale Avenues, within an R-1- 20,000 zone district, and is proposed to be accessed by two cul-de-sacs; one an extension of Ronnie Way' serving eight (8) parcels, and the other accessing Saratoga Avenue, aligned with Scotland Dr., serving the remaining eight (8) parcels (cont. 7-0 from 5/27/92 to prepare and adopt tentative map conditions of approval and an environmental Negative Declaration; application expires 7/21/92). -------------------------------------------------------------- Planner Walgren presented the staff report dated June 24, 1991. He addressed the letter received from: Ms. Debra Cobal, a copy of which Planning Commissio~inutes • Meeting of June 24, 1992 Page 5 was submitted to the Commissioners. He outlined Ms. Cobal concerns and staff's response. He also noted a letter received from Cathy Caskell and Karen Dowdy. Planner Walgren outlined the width of the landscape buffer, noting the narrowest width is 20 ft and the maximum is 80 ft. He noted Condition 6(d) does address the temporary access for the construction of phase I. In response to Com. Favero's question, Mr. Walgren outlined the points made in the letter from Ms. Caskell and Ms. Dowdy. Planner Walgren explained the Landscaping and Lighting District and noted this would be required prior to final approval. In response to Commissioners questions, Mr. Walgren stated the pedestrian access strip has been narrowed to 15 ft., an additional 5 ft. of landscaping has been required on either side of the strip to prevent a tunnel effect. Ms. Linda Davis, applicant, stated they have responded to the Commissioners concerns raised at previous meetings. She noted the engineer will present a modified revised map and a revised buffer landscape will be presented. She. thanked Planner Walgren for his involvement in this project. Mr. Bill Reiss, Civil Engineer, noted the concerns raised by the commissioners have been incorporated into the map and outlined the changes as follows: intersection at Lisa Marie has been revised; eliminated building height concerns; addressed location of phase line; modified building envelopes of lot 13 and 15 to preserve trees; increased landscape areas. He noted there will be approximately 1 acre of landscaped area. Mr. Heiss stated the proposed map involves a meandering pathway. He noted condition 17 on the map, with regards to emergency access, does not exist. Mr. Heiss explained the landscape easement noting it will be a landscape pedestrian easement. ~ Mr. Heiss also explained the private and public storm drainage system as requested by Chr. Caldwell. Mr. Jeff Hyde, Landscape Architect, 14630 Big Basin Way, stated there is approximately 6,000 sq. ft. of additional landscaping and they will work around the existing trees. He stated the removal of any trees recommended by the arborist will be mitigated. Mr. Hyde passed pictures showing the proposed landscape buffer and the fence. He noted they will create harmony with adjacent properties. Mr. Hyde answered questions of the Commission noting the following: 40 trees would be the maximum for the buffer; minor berming has not been considered; asphalt will be removed between street and beginning of property and replaced with an asphalt pathway. In response to Commissioners questions, Mr. Reiss stated they do not anticipate bicycles on this pathway as they are creating a bicycle lane within the right-of=way. He noted the width of this pathway is consistent with the existing pathway to the south. Mr. Planning Commissio~inutes • Meeting of June 24, 1992 Page 6 Heiss explained the reasons for a vertical curb, noting it will give more usable land and separate the traffic from the pedestrians. In response to Commissioner Tucker;'s question, Mr. Hyde stated they are proposing a 6 ft. high wood fence and vegetation will soften the fence, noting the fence is for security reasons. In response to Com. Forbes' question, Mr. Hies stated they are flexible with regards to a combined bicycle/pedestrian pathway, but have addressed the requirements of the City. Mr. Perlin stated a combination pathway as suggested, would be difficult as it would require a much larger pathway. He noted this was looked into and staff did not recommend it. He stated it may be possible to have two separate paths. He noted the existing pathway close to West Valley College is 6 to 8 feet. Com. Bogosian addressed the storm drain system on Ronnie Way, he noted drainage is into the creek ,and the Water District will have control over the creek banks and use this as a justification to channelize the creek. Mr. Larry Perlin explained the storm drain system on Ronnie Way as requested by Com. Bogosian. Mr. Heiss stated the existing drains on Ronnie Way run into Wildcat Creek. He explained the reasoning for the system proposed, noting the intent is not to impact Ronnie Way. He stated they have not quantified the amount of run-off with the additional homes, but feels it would be approximately 10-15% increase. He noted any erosion problems have been addressed in the conditions and the channel will remain as is. In response to Chr. Caldwell's question, Mr. Perlin stated the City prefers the drains to be privately maintained. He explained the difference between private and public drains. Chr. Caldwell questioned the elevation of the pads as shown on the map and if they have been verified as accurate? In response to Chr. Caldwell's question regarding the Marchese house and future street area, Mr. Perlin stated the area is presently owned by the developer of tract 7919. He noted the subdivider of this property will need to obtain title to the property before approval. Chr. Caldwell informed the audience that no items will be opened after 11:30 p.m. and stated if any applicant wishes a continuance they may do so. Regarding the accuracy of the pad elevations, as addressed by Chr. Caldwell, Mr. Perlin stated the pad elevations on the map are within 6 inches of the existing elevation and explained this. Planning Commissio~inutes • Meeting of June 24, 1992 Page 7 He noted the pad elevations will be reviewed when staff go through the design review. In response to Chr. Caldwell's question, regarding safety concerns at the Saratoga/Fruitvale intersection, Mr. Perlin stated safety concerns have been addressed and commended the applicant for addressing these. Planner Walgren stated he received a request for a continuation on the McCullough application, but also received a request from an adjacent property owner to hear this application. BOGOSIAN/DURRET MOVED TO CONTINUE APPLICATION SUP-91-005 AND V-91- 013 TO JULY 8, 1992 WITH FURTHER NOTIFICATION. FAILED 3-4 (Moran, Caldwell, Tucker, Forbes No) Ms. Debra Cobel, Attorney for applicant, addressed three proposed conditions. With regards to Cond. 34 she noted the applicant is concerned about this condition because of the extensive landscape improvements already made. Ms. Cobel addressed her letter to the Commission dated June 19, 1992 and outlined the concerns of the applicant. Ms. Carol Machol, Ronnie Way, representing neighbors, thanked the Planning Commission, Staff and' Kerwin Ranch for taking the neighbors concerns into consideration. Ms. Machol passed a petition to the Planning Commission outlining the neighbors concerns and requested the changes be incorporated into the map. Each change was outlined on the petition presented to the Commission. Ms. Linda Davis noted she hasrelatives from Russia in the audience. She noted she has worked with staff and the neighbors to provide an attractive residential neighborhood. She feels the 80 ft. landscape buffer is adequate and noted they do not want to get involved in the design and construction of the intersection. MORAN/DURRET MOVED TO CLOSE THE PUBLIC HEARING. PASSED 7-0. Com. Bogosian requested that staff explained the contribution requested from the applicant. Planning Director Curtis stated staff evaluated the traffic impact with the development and this is creating a traffic generation of 61 1/2 percent to the intersection. He stated staff had concerns regarding the right hand turn and this has to be improved. He stated the $50,000 is a cap and the contribution may be less. He noted there is a safety concern with the additional eight homes. He explained how staff calculate the increase in the number of cars generated, noting because of the increase the intersection will have to be reconfigured. Mr. Perlin stated when he met with the applicant it was made clear that the intersection would have to be improved and it would be viewed as on-site improvements. He explained the reasons why this Planning Commissio~inutes • Meeting of June 24, 1992 Page 8 cap was requested. He stated the applicant has done what has been requested of the City Engineer ;and the intersection has been practically designed. He noted another solution would be to install a light at Lisa Marie Ct. which would be more extensive. He does not feel this request is~ an unreasonable request on the applicant. Mr. Perlin noted the total cost of improvements would be $25,000-$30,000. He stated $60,000 would cover the cost of design and realignment. In response to Com. Bogosian's concerns, Mr. Perlin explained the contribution and how the money will be used. Com. Favero addressed the letter from Ms. Dowdy and Ms. Caskell and asked if the City has given any consideration to purchase the property for open space preserve. Planning Director Curtis stated in response to the Commissioners staff did not propose leaving two, lots as open space. Com. Bogosian stated he is a member of the Open Space Task Force and they attempted to deal with identifying certain parcels. He noted this never materialized and the map was never formally adopted. Com. Favero asked if this consideration for open space should be given further consideration. He feels this is one of the most predominant pieces of property in the City and this issue needs to be addressed. He noted he is uncomfortable with the proceedings. Chr. Caldwell noted there was a discussion about retaining open space within the subdivision and the Commission was not willing to go forward with this. Com. Favero recommended that this discussion for open space be put on the agenda for public testimony. Planning Director Curtis reiterated policy 2.7 of the Capital Budget Plan regarding existing traffic hazard. He noted increased traffic shall be studied, as outlined in the policy. Com. Forbes' expressed concern ,about the requirement of the applicant regarding the contribution. In response to Chr. Caldwell's question, City Attorney Riback stated he is satisfied that rational relationship between the exaction and the problem the exaction will compensate for, has been shown. He noted traffic will increase with the subdivision and this will increase to safety problem of traffic making the right hand turn. As far as the proportionate share of the cost, he has to defer to the engineer. In response to Com. Bogosian's question, City Attorney Riback explained the rational relationship and the proportional share. Planning Commissio~inutes Meeting of June 24, 1992 Page 9 Com. Bogosian stated he would like to see more evidence brought forward regarding the cost and noted he is uncomfortable with the process. Mr. Perlin stated over time Saratoga has developed and the property owner of this particular property is able to take advantage of the infrastructure which has been installed. He noted the improvements are contingent upon the property being developed. Com. Forbes supported the $15,OOO.contribution from the applicant. He noted when accesses are closed there will not be the same impact. He stated the developer will correct the right hand turn, but should not have to correct two intersections. Com. Forbes requested that Com. Favero's concerns regarding the letter form Ms. Dowdy and Ms. Caskell be addressed. He requested the applicant be asked if anyone .has approached them to purchase the property for open space. FORBES/MORAN MOVED TO RE-OPEN THE PUBLIC HEARING. PASSED 5-2 (Durket, Bogosian No). Planner Walgren noted that Tager application has requested a continuance. Ms. Linda Davis stated they have received no offer from the City to purchased this property. He noted they are zoned R1-20 in the General Plan and they will listen to any offer that may come forward. MORAN/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0 (Durket temporarily absent) Com. Favero stated the applicant is willing to listen to offers and this should be brought before the City. Com. Tucker stated at previous deliberations the discussion on open space was held. Com. Favero stated he is proposing acquisition for open space. Planner Walgren stated this property is in accord with the open space element. Planning Director Curtis stated staff will not recommend the purchase of this property to the City Council. Chr. Caldwell proposed going through the resolution and outlining any changes. Conditions and proposed changes: 1. Should be reference to assessors parcel number Planning Commissio~inutes • Meeting of June 24, 1992 Page 10 2. Refer to staff report confirming the accuracy; change the date as referred to by Com. Tucker. 4. Lot corners need to be set prior to final map approval. 5. Planning Director Curtis stated the purpose for the additional 5 ft. was to remain as private property. 6d. The Commissioners would like .to see stronger language for this condition as well as condition 18. Mr. Perlin noted it will not be possible to restrict all construction access on Ronnie Way when phase I is completed. He stated some discretion needs to be left up to staff. He noted the City will work with the contractor to set limits for using Ronnie Way and it will be monitored by complaints. He noted concerned neighbors can sit in the pre-construction hearings. Chr. Caldwell requested a stronger statement outlining the parameter of the maximum amount of traffic allowed on Ronnie Way. Com. Bogosian suggested an agreement between the City and the Contractor to be brought back to the Planning Commission for review and a public hearing process. Com. Durket stated staff should handle this matter. Com. Moran noted she is satisfied that this is covered in Condition 18 TUCKER/BOGOSIAN MOVED TO RE-OPEN THE PUBLIC HEARING. PASSED 7-0. Mr. Heiss stated how much Ronnie Way will be used is difficult to say at this stage and would know better closer to the Final Map stage. In response to Com. Moran's question, Mr. Heiss stated it will be approximately 5 years between the phases. FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 7-0. Com. Tucker spoke in support of the Condition and noted the neighbors will inform the City if any problems occur. She expressed concern about enforcing too many restrictions. Com. Favero expressed concern about the contractor having no concern for the neighbors and would support adding stronger language to the condition. ; There was a consensus to review stronger language to reflect that the access plan should be reviewed by the Planning Commission prior to Final Map approval. , 6b. Add the words "...and reviewed by the Planning Department." ' Planning Commissio~inutes Meeting of June 24, 1992 Page li The commissioners discussed the street trees. Planner Walgren stated this is more appropriate to be reviewed when reviewing the designs of the homes. Phase 2. ' a. Remove the words "and/or" "initially" and add "...subject to the approval of the Planning Director." 7. The Commissioners discussed the cap. City Engineer Perlin explained the maximum and minimum contribution. He stated he is confident that the cost will be less than $75,000. He explained the scope of the improvements. The Commissioners requested more information with regards to the cost of the improvements and the impact the additional eight homes will have on the intersection. Com. Favero stated there is a fairness issue. Com. Caldwell suggested a written justification of the contribution to strengthen the City~s position. Com. Bogosian stated he would like to see some figures. Chr. Caldwell informed the public that the Planning Commission would hear no other items at this hearing and they would be continued to the next public hearing. MORAN/FORBES MOVED TO CONTINUE THE REMAINING ITEMS TO JULY 8, 1992. PASSED 7-0. Com. Tucker noted if members of the public cannot make it to the next hearing she suggested submitting a letter. Com. Bogosian left the meeting at 11:25 p.m. The Commissioners continued discussion on the resolution. 18. Change words "City Engineer" to "Planning Commission". 19. Noticing for phase 2. 24. The Commissioners discussed the height limitation. Com. Tucker expressed concern about being unfair to residents of this subdivision. Com. Durket stated the neighborhood need assurances. Com. Moran concurred with Com. Tucker. Chr. Caldwell and Com. Forbes spoke in favor of the modification. Chr. Caldwell suggested adding the limitation to eight homes on Ronnie Way. She also stated that the pad elevations should be confirmed to coincide with the existing grade of the property. • Planning Commissio~inutes Meeting of June 24, 1992 Page 12 33. Planner Walgren noted the additional 5 ft. was for aesthetic purposes and visual concerns. Com. Tucker noted she supports the staff report. Chr. Caldwell feels that 15 ft. is adequate. There was a 3-3 split on this condition and it will be discussed at a later time. 34. City Engineer Perlin stated this is a routine matter. He stated the landscaping needs to be maintained and this is the way to do it. 35. City Engineer Perlin stated this is a standard condition and the City will review the plans. Com. Favero expressed concern about a conflict of interest. Regarding the map the Commissioners outlined the changes. The Commissioners agreed that the landscape buffer should be wider. Com. Moran stated the buffer could be wider without losing too much of the yards. Com. Durket stated he would not support this application without a wider buffer. There was a consensus that the landscape buffer should be wider. DURRET/FAVERO MOVED TO CONTINUE THIS HEARING TO THE MEETING OF JULY 8, 1992. PASSED 6-0 (Bogosian absent) Planner Walgren noted he received a letter from Mr. Pierce expressing his concern about the process of the hearing. He noted that Mr. Pierce requested this be continued to the consent calendar. Com. Durket did not support this. DIRECTOR'S ITEMS Planning Director Curtis asked about vacations in August and quorums. Chr. Caldwell noted the second meeting in August will be canceled. Planning Director Curtis noted there will be one study session a month, as requested by the Planning Commission, starting in July. COMMISSION ITEMS Com. Durket noted people have contacted him regarding traffic control on Saratoga Ave. for children travelling from Herman to _~ Planning Commissid~inutes • Meeting of June 24, 1992 Page 13 Redwood and asked staff to look into this problem and possible solutions. City Engineer Perlin stated the Public Safety Commission looked into this matter. He noted the people need to contact the school or the Public Safety Commission. He noted a crossing guard is appropriate, but the school has to find this person. Com. Durket requested a copy of the Public Safety Commission's report regarding this matter. Com. Moran requested that policies regarding landscape plans and clarification on the policy regarding discussions with the City Attorney. Planning Director Curtis stated staff meet with the City Attorney regularly and would like to have all the questions at one time. Com. Tucker noted it was her; last meeting as a Planning Commissioner. She thanked staff and the Commission for their input and help. Com. Moran thanked Com. Tucker for her service on the Planning Commission. COMMUNICATIONS Written 1. City Council Minutes - 6/3, '6/6 & 6/8/92 2. Heritage Preservation Minutes - 5/13/92 Oral City Council ADJOURNMENT The meeting adjourned at 12:10 a.m. to 7:30 p.m. on July 8th in the Civic Theater, 13777 Fruitvale Ave., Saratoga.