HomeMy WebLinkAbout07-10-1991 Planning Commission Minutes•
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: July 10, 1991
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Chairperson Moran, Commissioners Bogosian, Caldwell, Durket, and Favero
present at 7:30. Commissioner Tucker arrived as noted; Commissioner
Forbes was on vacation.
Pledge of Allegiance
Commissioner Tucker arrived at 7:35 p.m.
Minutes - 6/21/91
The following changes were made by City Attorney Kit Faubion:
Paragraph 3, Page 13 should read: .the application is a "time extension for a"
lot line adjustment and that Paragraph 5, Page 14 should read: .building pad and
"summarized Commission comments" that placement. .
The following changes were made by Commissioner Tucker:
For the record, she stated her reason for approval of the extension as discussed on
Page 14, is that the property is not on a minor ridge line, it conforms to the City
standards and a modification is necessary in order to change the building site plan,
giving the Commission control. She cannot find that approval of the extension would
be detrimental to the public health, safety and welfare.
Spelling corrections: on Page 15 and Page 16, Mr. Ebner's and Commissioner Burger's
names were mis-spelled.
The following changes were made by Com. Caldwell. She suggested the attendance of
Commissioners be noted at Roll Call. All were present.
On Page 2, the last paragraph should read: ., .the Heritage Preservation
"Commission's" recommendation, Mr. Walgren stated .(clerk to check the tape).
On Page 3, paragraph 4 should include additional language: .would prevent future
owners from building up "beyond heights in the surrounding neighborhood".
On Page 3, third to last paragraph should read: .had talked to neighbors and
"they had expressed" no objection to the height condition in the resolution.
Regarding Page 5, paragraph 1, line 1, she requested it read: .these reports were
required "for final subdivision approval." She requested that the clerk check the
tape to augment the paragraph to include Mr. Emslie's remarks regarding geology,
appropriateness of the site for 4 lots, the NHR specific plan and conformance to it,
and finally, regarding the Loma Prieta Earthquake.
PLANNING COMMISSION MEETIP'
Juiy 10, 1991 ~ ~ Page 2
~'
That the clerk check the tape on Page 6, third to last paragraph, first sentence
because it does not make sense the way it is worded.
Page 6, last sentence should read: .noted the "proximity of the lot" to the open
space easement .
Page 8, paragraph 1 should reflect "there was Commission consensus to add additional
screening" and that language was also integrated into the motion made.
Page 9, paragraph 4 should read .height, has been reduced from 26 ft. to 19 ft.
"from grade"
Page 9, second to last paragraph should read: .planning seismic upgrade "to the
foundation"
Page 11, first paragraph should read .Condition 13 to include native species "and
conformance with xeriscape and .
Page 12, second paragraph should read: .extends 12 ft. into the 190 "elevation
contour".
Page 12, fifth paragraph
"proposed" tree removal
arborist's report". The
Commission follows the "
Handbook".
from the bottom should read: .concern regarding the
~.s they are in "excellent" condition "according to the
second sentence in the paragraph should read: .
policies and techniques set forth in the" Residential Design
On Page 13, fourth paragraph should include: .another problem is being created,
"that is, establishment of a new building site on the lot which contravenes the
policies of the NHR specific plan". (clerk to check the tape for additional
information).
On Page 13, last sentence, include reference that she had asked Mr. Markel what the
purpose of seeking the lot line adjustment was. He explained the purpose was to
provide a new building site on Lot 11, located on a large flat pad that exists on
Lots 10, 11 and the Cocciardi property. She asks that the clerk check the tape for
accuracy of the explanation.
Page 14, paragraph 4, clerk to check the tape so the points made by Mr. Emslie could
be included as she believes a great deal more pertinent information was mentioned.
Page 15, first sentence should read: ."no mention of the Heritage Lane
designation".
Page 16, second sentence, the paragraph should read: .feels it should "continue
on the present basis. Commissioner Caldwell suggested pursuing Commissioner
Durket's suggestion on a trial basis".
Com. Caldwell provided the changes to the clerk. Responding to Chairperson Moran,
she stated it is not necessary to see a corrected version of the Minutes as long as
the tape is checked and the points are included.
Chr. Moran requested the clerk check the tape and reword paragraph 2 on Page 5,
because there is ambiguity.
PLANNING COMMISSION MEETI
July 10, 1991 Page 3
,,
The following changes to the Minutes were made by Com. Durket:
Page 13, paragraph eight should read: .noting "that approval of this one-year
extension request" .
Page 14, second paragraph should read: .that the flat pad "was intentionally
manufactured into a buildable site by the developer".
Page 15, paragraph 6 should read: ."a majority vote (of which he was not a part
of)". He suggested the clerk check the tape.
The following changes were made by Chr. Moran:
Page 3, paragraph 5 should read: .prevent future owners from building up "beyond
18 ft.".
Page 5, paragraph 9 should read: .she would support staff's recommendations,
"weaken and use this issue as reconfirming the previous Planning Commission's
decision to deny the extension request".
Page 9, paragraph 9 should reflect that her reason was that the subdivision was
approved with a mix of one and two-story houses and a house of this type would
clearly be a one-story house.
TUCKER/CALDHELL MOVED TO CONTINUE APPROVAL OF THB MINUTES TO THE NE%T MEETING.
PASSED 6-0.
ORAL COMMUNICATIONS:
Ms. Linda Davis, 13616 Fruitvale Avenue, A Member of the Open Space Task Force,
(representing herself) read a letter to the Commission regarding the Open Space Draft
Element, a copy of which she provided to staff. She expressed concern with what she
believes to be selective mapping included in the element as she feels it is
prejudicial and exposes the City to potential credibility and legal problems. She
requested the Planning consider, before the public hearing on the draft element, 1)
the final graphics be delayed until the public hearing (so the cost will not become a
deciding factor in the issue, and 2) that all affected residents be notified, by
letter, of the Commission's public hearing.
In response to Commissioner Durket, Ms. Davis stated that at no time during
discussions at Task Force meetings was a decision ever made to include (in the form
of a map) in the draft element, a listing of privately owned undeveloped and
under-developed properties with scenic potential.
Planning Director Emslie clarified that the way the map is constructed in the draft
element acknowledges the fact it is an informal survey, not intended to be a
comprehensive list of properties. He states his observation was that although there
was no formal vote, the majority of the members felt this was the proper approach,
this time, and the City should continue to monitor and update the background of the
Open Space Evaluation through active participation. He advises the Commission that
map costs should not be a factor.
Chr. Moran reported the work of the Open Space Task Force has been completed and it
has signed off on the Final Open Space Draft Element to be recommended to the
Planning Commission and the City Council.
PLANNING COMMISSION MEETIN•
Juiy 10, 1991 ~ ~ Page 4
REPORT OF POSTING AGENDA:
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted
on July 5, 1991.
Technical Correction to Package
- None
PUBLIC HEARING CONSENT CALENDAR
THESE ITEMS WILL BE ACTED UPON IN ONE MOTION UNLESS THEY ARE REMOVED FROM THE CONSENT
CALENDAR FOR DISCUSSION BY COMMISSIONERS OR. ANY INTERESTED PARTY.
Commissioners Bogosian and Durket pulled items 1 and 2, respectively, from the
Consent Calendar.
CALDWELL/DURKET MOVED TO APPROVE THE CONSENT CALENDAR AS AMENDED. PASSED 6-0-1
(Forbes was absent)..
3. SM-91-006 - Puette, 12343 Crayside Ln., request for site modification to
previously approved plans for an existing single family residence in
order to construct a pool,~spa and cabana on a .774 acre parcel
located within the R-1-20,000 zone district per Chapter 15 of the
City Code (cont. to 7/24/91).
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PUBLIC HEARINGS
1. DR-90-079 - Constantin, 20855 Kittridge Rd., request for design review
SD-90-009- approval and building site approval to construct a new two-story
V-90-037 - 4,390 sq. ft. residence on a 1.8 acre site within the HC-RD zone
district per Chapters 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 (cont. to 7/24/91).
---------------------------------------=---------------------------------------
In response to Commissioner Bogosian, Planning Director Emslie reported the City
requested the Constantins to produce additional deed and title information, to be
forwarded to the City Attorney, to verify the legal creation of the lot.
---------------------------------------=---------------------------------------
2. UP-90-0111 - GTE Mobilnet, 14375 Saratoga Ave., request for use permit approval
to construct two, 50 ft. tall cellular transmission towers within
the Professional and Administrative Office (P-A) zone district per
Chapter 15 of the City Code (cont. to 8/14/91).
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Planning Director Emslie informed Commissioner Durket that GTE Mobilnet has
determined a 40-f t. tower would meet their needs. That factor changes the
application format so it is still subject to the City's review and may very well be
presented to the Planning Commission through another process.
DURRBT/TUCKER MOVED TO CONTINUE ITEMS 1 AND: 2. PASSED 6-0.
PLANNING COMMISSION MEETIA~~'~
July 10, 1991 ` ~ Page 5
4. SD-90-011 Houston, 14810 Sobey Rd., request for tentative map approval to
subdivide a 2.8 acre lot into two new parcels of 1.7 and 1.1 acres
in area within the R-1-40,000 zone district per Chapter 14 of the
City Code. The two lots would be accessed by a private driveway
easement.
Planner James Walgren presented the Report to the Planning Commission dated July 10,
1991. Responding to Com. Bogosian, Planner Walgren reported there are no trail
easements plotted on the map nor identified on the property title. He also indicated
that the tree referenced on Page 10 is to be replaced with 2, 24-inch box oak trees,
is not plotted on the map but is within the access right of way along the south
property line. Replacement was not determined by a trunk diameter-inch basis.
Com. Caldwell recommended on Page 10, paragraph b., the reference to "stand of
willows" be replaced with "dense willow growth" to conform with the map.
Responding to a privacy concern of Chr. Moran, Planner Walgren reported the applicant
is agreeable to relocating the access easement along the existing driveway if it is
the Commission's desire to retain the drainage swale with the existing vegetation.
The public hearing was opened at 8:15 p.m.
The engineer for the applicant stated there is no objection to retaining the existing
driveway, However, in that case, it is believed a more direct access off Sobey Road,
without the "s" turn would make more sense. Regarding Section 22D of the resolution
he stated the required set back from the #4 tree is unusual and he believes 20 feet
is over-generous. He believes there should be some relationship to the setbacks to
the tree and the diameter of the tree. Because the arborist recommended it, the tree
will be extensively pruned back, will be a much smaller tree and a closer setback
should not be a problem. He testified the willow area is heavily overgrown and there
are trees within that area. He expressed concern regarding maintenance of the creek
_ and the health of the trees. He requested liberty to work with the arborist to do
selective clearing of the brush. He mentions the existing sanitary sewer easement
running easterly along the property and requests that his client be allowed to build
up to the edge of that easement.
The applicant, Mr. Jerry Houston, expresses .concern with the setbacks which cause
hardship for utilizing the envelope of the parcel. He requested that he be allowed
to negotiate with the Santa Clara Valley Water District to keep the well on the
property and bring it up to standards. Planner Walgren reported the Santa Clara
County Health Department and the City Engineer responded that the Houston's must seal
the well as per the District's standards.
Mr. Alvin Anderson, San Jose, representing the owners of the property, addressed the
willow growth area stating it is not a natural conglomeration of vegetation but is
the result of lack of maintenance over many years. He said he doubts there is
anything in the grove that is needed for protection except perhaps the mature trees.
Mr. James Rodrigues refers to his letter directed to the Planning Commission that he
is happy to see the property developed in an appropriate manner.
PLANNING COMMISSION MEETIN
Juiy 10, 1991
The public hearing is closed at 8:35 p.m.
Page 6
Responding to the conditions as requested in Mr. Rodrigues' letter, Planner Walgreen
reports item 1 could be incorporated to maintain the property and remove debris that
is not necessary. Item 2 could be a condition that the shed be removed but the
Commission could rather have the applicant prove it was built with legal permits and
that it does conform to current development standards. Item 3 is already the case
for the boundaries of the home.
Planner Walgren reported the intent of the setback conditions was to preserve the oak
in the center of the parcel, the willow grove, the natural drainage swale and the
fact that the entire zone is a riparian habitat. Given the size of the lot, the more
generous 20-f t. setbacks were used.
DURKET/CALDWELL MOVED TO APPROVB SD-90-011 WITH CHANGE TO CONDITION 16 THAT THE
OWNER/APPLICANT SHALL "EITHER SEAL THE EXISTING WELL TO THE SANTA CLARA VALLEY WATER
DISTRICT SPECIFICATIONS" AND "APPLY FOR AND OBTAIN APPROVAL TO MAINTAIN THE WELL AS
ACTIVE, PURSUANT TO THE SCVWD SPECIFICATIONS; CHANGE CONDITION 22D TO REPLACE THE
WORDS "STAND OF WILLOWS" TO "DENSE WILLOW GROWTH"; AND TO KEEP THE EXISTING DRIVEWAY,
DELETING THE ACCESS AS SHOWN ON THE MAP.
Com. Tucker suggests items 1 and 2 of Mr. Rodrigues' letter be incorporated into the
motion: THAT THE TRAILERS AND DEBRIS BE REMOVED FROM THE EASTERN AREA OF THE
PROPERTY; THAT THE WOODEN SHBD NOW IN DISREPAIR BB REMOVED FROM THAT EASTERN AREA OF
THE PROPERTY, OR DEMONSTRATED TO CONFORM TO CITY CODE REQUIREMENTS. Coms.
Durket/Caldwell agreed.
Planner Emslie explained the Health Department prefer all wells be sealed.
Com. Tucker requested that the original Condition 16 be left as presented. Coms.
Durket/Caldwell agreed.
Com. Caldwell expressed concern and suggested a condition be added that there be
supervision of the clearing work by the City, Arborist or that he lay out the
parameters for the work to be done. Discussion ensues.
Com. Bogosian amends the motion to include that "ANY WORK TO BE DONE WITHIN TH8
WILLOW GRowth BE DONE WITH HAND TOOLS". Com. Durket adds "ANY CLEARING IN THE DENSE
GROVE OP TREES MUST BE APPROVED BY THE CITY ENGINEER AND CITY ARBORIST" Com.
Bodrosian agreed with the amendment.
FAVERO/CALDWELL MOVE TO INCORPORATE A CONDITION TO THE RESOLUTION THAT WOULD DIRECT
THE CITY ARBORIST PREPARE A COMPREHENSIVE PLAN THAT DEFINES THE RIPARIAN CORRIDOR IN
THE WILLOW GROVE TO BE PRESERVED, PREPARE A COMPREHENSIVE PLAN ON WHAT KIND OP
IMPROVEMENTS AND UNDERBRUSH CLEARING CAN TARE PLACE AND DETERMINE A MORE APPROPRIATE
DEFINED SETBACK FOR THE 12-INCH OAK AND HAVE THE ULTIMATE BUILDING PLAN BE BASED ON
HIS SUBSEQUENT REVIEW. Coms. Durket and Caldwell. Com. Caldwell points out she is
agreeable as long as the arborist is aware of the three-fold concern regarding the
protection of the trees in the willow grove, protection of the drainage area, and
protection of the existing riparian habitat and ecological system.
Com. Caldwell requested it be clear the approval does not include removal of the oak
tree referred to in Section B22.
Chr. Moran called for the question. THE ORIGINAL MOTION, WITH THE AMENDMENTS
PLANNING COMMISSION MEETI
- July 10, 1991 ~ ~ Page 7
INCLUDED DURING ABOVE DISCUSSION, WAS VOTED~UPON AND PASSED 6-0-1 (Forbes was
absent).
Chr. Moran declared a recess at 9:05 p.m. Upon reconvening at 9:15 p.m. the same
Commissioners and staff were present.
5. SD-91-009 Cavallini, 12777 Star Ridge Ct., request for design review approval
to construct a new 4,504 sq. ft. two-story residence pursuant to
Chapter 15 of the City Code. The subject parcel is 1.17 acres in
the area and is Lot #61 of the Parker Ranch subdivision.
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Planner Walgren presented the Report to the ,Planning Commission dated July 10, 1991.
Chr. Moran opened the public hearing at 9:20 p.m.
Mr. Walter Chapman, designer for the Cavallinis, stated their hope is to integrate
the design of the home with the site to create a natural appearance to the site.
regarding the trees, his concern is tree #8. He requested a reevaluation of the
issue regarding that tree. He hopes to redesign the deck area to work with the
remaining trees and it is his desire to keep the gazebo. ,
CALD~7BLL/DURRET MOVED TO CLOSE THB PUBLIC HEARING AT 9:25 P.H. PAS5BD 6-0.
CALDWELL/BBGOSIAN MOVED TO APPROVE DR-91-009 iTITH THB CHANGE TO CONDITION 10 THAT THE
COLOR OF THB HOME BB DARKER; CHANGE TO CONDITION 11 THAT THE REPLACBKENT TREES, OR
ANY TREE5 REMOVED, BB ON A TRUNK DIAMETER, INCH BASIS; CHANGE TO CONDITION 17 TO
PROVIDE A REFERENCE TO PROVIDE NATIVE SPECIES; AND ANY PRUNING OF TRBE #8 IS TO BE
COMPLETED IN ACCORDANCE i1ITH ISA STANDARDS BY A CERTIFIED OR LICENSED LANDSCAPE
CONTRACTOR.
Chr. Moran requested that the resolution speak to the large amount of grading by
providing language which states the amount of grading that is proposed is aimed at
creating a structure that is integrated into the hill to reduce its prominence at the
site. Coms. Caldwell and Bogosian agreed.
The question is called for and THE ABOVE STATED NOTION, ~TITH AMEND!(ENTS AS DISCUSSED,
IS PASSED 6-0. Chr. Moran verified that no changes to the resolution regarding the
gazebo and decking were proposed by Com. Caldwell.
6. DR-91-027 Johansen, 14175 Ten Acres Ct., request for design review approval to
construct 500 sq. ft. of additional first floor area and a 568 sq.
ft. second story addition to an existing 3,509 sq. ft. residence in
the R-1-40,000 zone district per Chapter 15 of the City Code.
----------------------------------------=--------------------------------------
Planner Walgren presented the Report to the Planning Commission dated July 10, 1991.
Chr. Moran opened the public hearing at 9:30 p.m.
Ms. Elsbeth Newfield, the project architect, discussed the stair tower. She showed
drawings and reviewed proposed changes to relieve the flat, linear appearance of the
front of the house. Although the tower is up to the allowable height, 22 ft., the
ratio of the length of the building to the height of the tower is 6 to 1. The stair
tower itself is 8 ft. wide., 1/16 of the front of the house. She requested approval
to continue with the stair tower height at 22 ft.
PLP~NNING COMMISSION MEETITT^
July 10, 1991 * ~ Page 8
CALDWELL/BOGOSIAN ROVED TO CLOSE THE PUBLIC BEARING AT 9:35 P.K. PASSED 6-0.
CALDWELL/MORAN MOVED APPROVAL OF DR-91-027 WITH CHANGES TO INCLUDE NATIVE SPECIES FOR
FUTURE LANDSCAPING (SHE NOTES CONDITION 6 AND 11 ARE REDUNDANT), CHANGE CONDITION 10
TO REQUIRE FENCING "AT THE DRIPLINE" AND TO REFER TO THE COLOR BOARD AS SUBMITTED TO
THE PLANNING COI4lISSION.
Com. Durket stated he would rather the stair tower was reduced to 20 ft. thereby
reducing some of the mass and bulk in the middle of the home. He recommended an
addendum to the motion with places the tower at 20 ft. Coms. Bogosian and Tucker
concurred.
Chr. Moran stated she is in favor of the tower plans as presented by the applicant
and could not second the motion if the height change is in the addendum.
DURKET/BOGOSIAN ROVED TO AMEND THE RESOLUTION AS STATED BY COMMISSIONER CALDWELL TO
INCLUDE THE LANGUAGE THAT PRIOR TO ZONE CLEARANCE, THE APPLICANT SHALL SUBMIT REVISED
PLANS TO THE PLANNING DIRECTOR FOR HIS REVIEW AND APPROVAL INDICATING A REDUCTION OF
THE STAIR TOWER TO 20 FEET IN HEIGHT OR EQUAL TO THB LEVEL OF THE E%ISTING ROOF LINE.
THE TOWER SHALL REFLECT A HIP STYLE ROOF WHICH WILL BLEND INTO THE ADJACENT ROOF
LINE. The motion to amend the original motion does not carry (Caldwell, Moran and
Favero voted no).
Com. Favero pointed out his reason for his vote was because he saw no material impact
by the reduction in height; therefore, no reason to violate the archictectural
design.
Planner Emslie reviewed the original motion .as stated above. (There is consensus to
eliminate Condition #6).
Chr. Moran calls for the question. THE ORIGINAL MOTION FAILS 3-3 (Durket, Bogosian
and Tucker voted no).
Discussion ensued regarding what the applicant's options are in this tie vote
situation.
Ms. Newfield objected to the portion of the amendment referring to the "hip" styl
roofing. She stated she could agree to lowering the stair tower 2 feet if the
applicant is able to retain the "gable" style roofing. There is consensus among the
Commission to allow that.
CALDWELL/PAVBRO MOVED TO RECONSIDER ITEM DR-91-027. PASSED 6-0.
DURKET/FAVERO MOVED APPROVAL OP DR-91-027 WITH THE AMENDMENTS MADB EARLIER AND THAT
FURTHER AMENDMENT, PRIOR TO CLEARANCE OF CONSTRUCTION, THAT REVISED PLANS FOR THB
PLANNING DIRECTOR'S REVIEW AND APPROVAL INDICATE REDUCTION OF THE STAIR TOWER TO ZO
FT. IN HEIGHT, OR BQUAL TO THE LBVEL OF E%ISTING ROOF LINE. PASSBD 6-0.
Chr. Moran reported that the following three items, 7, 8 and 9 would be heard as one
this evening.
PLANNING COMMISSION MEETING'
July 10, 1991 ~ ~ Page 9
7. DR-91-028 R & Z Development Co., Lot #1, 12316 Radoyka Dr., request for design
review approval to construct a new 3,199 sq. ft., one-story,
single-family residence on'a 10,000 sq. ft. parcel within the
R-10,000 zone district per Chapter 15 of the City Code.
---------------------------------------=---------------------------------------
8. DR-91-029 R & Z Development Co., Lot #2, 12312 Radoyka Dr., request for design
review approval to construct a new 3,196 sq. ft., one-story,
single-family residence on a 10,000 sq. ft. parcel within the
R-1-10,000 zone district per Chapter 15 of the City Code.
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9. DR-91-030 R & Z Development Co., Lot #3, 12305 Radoyka Dr., request for design
review approval to construct a new 3,180 sq. ft., one-story, single
family residence on a 10,170 sq. ft. parcel 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 July 10, 1991.
In response to Chr. Moran, Planner Walgren reported the arborist provided two options
for the applicant in considering Lot #3 relative to the live oak tree. Rather than
modify the line of the house, staff chose the option incorporated in the resolution
which was the configuration the applicant submitted and prefers.
Chr. Moran opened the public hearing at 9:54 p.m.
Mr. Mark Roberts, Fortina Court, and with R and Z Development Company, reported he is
in agreement with staff with one exception. He requested he be allowed to erect the
protected fencing for both trees just prior to building permit approval. He
explained the fencing is an attractive nuisance as well is subject to vandalism
between the time the work on the drawings is finished and the building permit is
actually received. He reported on positive-outcome neighborhood meetings regarding
the project.
DURKET/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 10:00 P.M.
DURRBT/BOGOSIAN MOVED APPROVAL OF DR-91-028 WITH THB FOLLOWING AMENDMENTS: CHANGE
CONDITION 10 TO READ "PRIOR TO ISSUANCB OF BUILDING OR GRADING PERMIT, WHICHBVBR IS
ISSUED FIRST"; APPROVAL OF DR-91-029 WITH NO CHANGBS AND APPROVAL OF DR-91-030 WITH
THE FOLLOWING CHANGE TO CONDITION 9 TO REQUIRE DRIP LINE FENCING "PRIOR TO ISSUANCE
OF A BUILDING OR GRADING PERMIT, WHICHEVER COMES FIRST".
Com. Caldwell requested an additional condition on all three lots stating "pursuant
to director approval, the installment of appropriate street trees prior to occupancy.
Regarding DR-92-029, include a condition which would require a replacement of the
removed oak trees on a trunk diameter-inch basis. Coms. Durket/Bogosian agreed with
changes suggested.
Coms. Durket/Bogosian agree with Chr. Moran regarding the color of one of the homes
must be darker. Durket/Bogosian agree to incorporate into the motion that a darker
color will be used for the middle house.
Planner Emslie repeats the motion as it applies to each lot:
Chr. Moran called for the question. THE ABOVE STATED MOTION, AS AMENDED DURING
DISCUSSION PASSED 6-0.
PLIJNNING COMMISSION MEETII
, July 10, 1991
Page 10
10. DR-21-034 Li, 18873 Bonnet Way, request for design review approval to construct
V-91-009 a 690 sq. ft. second story addition to an existing 2,644 sq. ft.
single-story residence within the R-1-10,000 zone district per
Chapter 15 of the City Code. Variance approval is also requested to
allow a portion of the addition to encroach 6 ft. into the 35 ft.
required rear yard setback.
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Planner Walgren presented the Report to the Planning Commission dated July 10, 1991.
Chr. Moran opened the public hearing at 10:08 p.m.
Mr. Li, the applicant, stated he received the resolution only just yesterday. He
read a letter directed to the Commission which reflects his concerns. He also
explains that 75q of his lot cannot be built upon because of various easements.
CALDWBLL/BOGOSIAN MOVED TO CLOSB THB PUBLIC HBARTNG AT 10:10 P.K. PASSBD 6-0.
BOGOSIAN/DURRET HOVBD APPROVAL OF V-91-009.
Commissioners comment favorably on the variance. Com. Caldwell asked that the
variance findings emphasize the proximity of the Rt: 85 easement. Bogosian/Durket
agree.
Com. Favero stated that although he is uncomfortable with variances, in general, he
believes this variance is well-deserved and justified because of the unique location
of the home next to the Rt. 85 Corridor.
THE ABOVE NOTION AS STATED IS VOTED UPON AND PASSED 6-0.
BOGOSIAN/DURKBT tiOVBD APPROVAL OF DR-91-034. PASSED 6-O.
11. SM-91-004 Palmer, 21761 Heber Way, request for site modification to previously
approved plans for a single family residence in order to construct a
pool, spa, deck and terrace area on a 1.16 acre parcel located within
the NHR zone district per Chapter 15 of the City Code.
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Planner Walgren presented the Report to the Planning Commission dated July 10, 1991.
Chr. Moran opened the public hearing at 10:19 p.m.
The applicant, Mr. William Palmer, Cupertino, stated he has no problem with staff's
recommendation. He requests clarification of what size trees he is to use; 24-inch
native oak trees are requested, yet the arborist report states to put in the smallest
6-inch tall trees. Planning Director Emslie explains the arborist prefers smaller
trees because of the successful growth pattern; staff recommends larger trees for
tree cover on an immediate basis.
TUCKBR/DURKBT MOVBD TO CLOSE THE PUBLIC HEARING AT 10:20 P.M. PASSBD 6-0.
CALDWBLL/TUCKER ROVED APPROVAL WITH MINOR CHANGE TO CONDITION 2 TO PROVIDE ADDITIONAL
REFERENCE TO NATIVE SPECIES.
DIRBCTOR'S ITEMS
1. Scope of work for traffic studies pertaining to the Circulation Element Update.
Planning Director Emslie presents a draft Scope of Work letter regarding the
Circulation Distribution Element Update. Agreement was reached with Com. Caldwell of
PLANNING COMMISSION MEETI
July 10, 1991 ~ Page 11
the need to amend the language in the document to reflect more accurately this City's
objective to maintain its existing system and that the direction of the study should
be to consider safety improvements within the City's own present street
configuration. Therefore, paragraphs 2 and 3 were added indicating the objectives.
The third paragraph was added to stress the.firm selected should possess qualities of
sensitivity and creative problem solving to address safety improvements fundamentally
consistent with the objectives to retain the circulation pattern. An addition was
made to study area #1 to include analysis of the pre-zoning designation.
In response to Commissioner's questions regarding Study Area #1, Planning Director
Emslie reported staff tried to focus on areas where safety has been an issue, i.e.,
sight distance, driveway locations, etc.
There is consensus among the Commissioners to re-identify Study Area #1 as being
Quito Road from Lawrence Expressway to Highway 1.
Com. Caldwell thanks staff for responding to her concerns based on her review of the
Plan.
Com. Caldwell adds language to the end of the third paragraph "with the fundamental
objective to maintain its existing circulation pattern and rural character".
Discussion ensues regarding whether Saratoga Avenue should be added to the list to be
reviewed. Planning Director Emslie reported there is sufficient information on
Saratoga Avenue to be provided for an in-house analysis. Commissioners agree with
limiting outside costs.
Commissioners agree they are satisfied with the letter in the version printed on
white rather than pink paper.
2. Written communications from Alan ~ Heg Giberson
Planning Director Emslie presented the Memorandum to the Planning Commission dated
July 10, 1991. Regarding the first issue referring to changes in construction plans
between Council approval and actual construction, the opinion of the City Attorney
was that changes were administratively consistent with code requirements and the
issue of permits remain valid in that the proper procedure was followed.
Staff is still .researching the second issue regarding the creekbank. The City
Attorney will present a draft response to the Planning. Director in evaluating whether
the creekbank protections are consistent with Council approval or not.
Regarding the third issue, the City arborist recommended measures to preserve the oak
tree in requiring pervious driveway coverage within the drip line. Removal of the
walnut tree was recommended to be replaced with three specimen size riparian species.
The Department of Fish and Game has jurisdiction over this creek and have allowed
the stream bed to be altered to the issuance of a permit. It is staff's belief that
the conditions of Fish and Game supersede the recommendations of the arborist and
that both trees will be retained.
Planning Director Emslie mentioned there has been substantial communication regarding
this issue and he reminds Commissioners of the policy regarding ex-parte
communications.
PLANNING COMMISSION MEETIIJ
Juiy 10, 1991
Page 12
Planning Director Emslie reviewed the background on this issue and stated the
applicants are proceeding in accordance with the approved conditions of the City
Council Resolution and staff has confirmed that as of this evening.
City Attorney Faubion discussed sections under the Administrative City Code and
stated staff has made a decision that there~is compliance; reflected in the City
Attorney's memoranda 1) to the Gibersons attorney and 1) to the City Council. No
appeal was filed. Therefore, staff's decision was final and the issues of the
Giberson's June 26 letter are moot. Because different issues, particularly regarding
the creek bed were raised by the Gibersons, the process will be the same as was
followed for the initial issues. Staff will review the situation, the conditions of
approval, the Fish and Game conditions, will consult with the Attorney and will come
to a staff decision. That decision will be appealed to the City if there is
dissatisfaction.
In response to questions from Commissioners, Attorney Faubion reports that under the
code provisions, there is no issue for the Planning Commission to decide this
evening.
During discussion, Com. Favero disagreed with City Attorney that the Commission has
no place in the issue. He stated that upon his visit he saw destruction of hillside,
decimation of the creekside, rampant disregard for riparian values and is being told
it is okay with the Planning Department and City Attorney because a letter was sent.
He stated he does not believe the spirit of the laws are being adhered to with
respect to the Commissioner's responsibility to preserve the character of Saratoga,
the hills and the environment. He feels it is being deliberately violated and
questioned whether this project is a mini-Cocciardi; some kind of white-wash. He
believes steps must be taken immediately to stop the damage as it is not repairable.
Com. Durket stated that Attorney Faubion clarified this is not an issue for the
Planning Commission to take up. He stated i~t is not as if the Commission is turning
their heads at the issue, but rather, this is not the proper forum to hear from the
Gibersons. Commissioners discussed the proper procedure as to whether the Gibersons
should be permitted to address the Commission or whether this communication item
should be received and filed.
Responding to Com. Caldwell, Planning Director Emslie stated that while staff is
trying to determine the situation, it has been concluded that the work should
continue to proceed because there are valid permits. Until evidence surfaces to
question the consistency of the action, the Birenbaums.are taking to implement that
and, (until there is) any inconsistency with Council's request, there is no basis to
issue a stop work order. He assured the Commission staff is doing its job in
implementing the plans Council approved.
Mr. Gordon Blakhauser of Blase, Valentine & Klein, representing Ms. Giberson, stated
it is his understanding that, according to Section 16-05.035 of the Saratoga
Municipal Code, a material change has occurred over the approved plans in several
respects; most dramatic is the creekbed. He refers to his letter contained in the
packet and stated the road has shifted approximately 10-12 feet.
Mrs. Meg Giberson stated it is her opinion the grading permit which was granted is
invalid per Saratoga Code because one of the conditions of the City Council approval
involved that no permit be granted prior to zone clearance. She stated that as of
Monday, July 8, there still had been no zone clearance. She stated the prior
PLA~'VNING COMMISSION MEETIN
~•Ju1ey 10, 1991 ~ Page 13
Planning Emslie Director said this project should be reviewed for historical
perspective which she feels is lacking. She requested the Commission to agendize a
public hearing to address this and other matters relating to the mismanagement of the
project.
Alan Giberson reported that Com. Forbes visited the site and sent in a letter to the
Planning Director presenting his concerns. Copies will be provided to the
Commission. (Commissioner Forbes's letter should be part of the record).
Mr. Larry Birenbaum, the applicant, stated the activity in the creekbed was specific
recommendations from his soils engineer with approvals from a civil engineer, the
Fish and Game Department and the City Engineer. He reviewed the specifics and stated
he has been as careful as possible on this project. He stated he did stop work on
the creekbank but the activity on the slope is continuing. He objected strenuously
to allusions of Cocciardi on this project because it is not an illegal project, it's
a single residence, a personal home, not one for financial speculation.
Commissioners reported on the communications they received regarding this matter.
Responding to Com. Caldwell, Planner
as to the decision on the issue. She
regarding resolution in this matter.
Emslie .stated staff would contact both parties
requested an update by the next meeting
City Council
Planning Director Emslie identified the letters distributed to the Commission this
evening.
Report on City Council Meeting of 7/2/91. Caltrans was intending to widen Highway 9
from E1 Camino Grande to Saratoga/Los Gatos boarder to increase the width of the
shoulder which does not currently meet Caltrans standards. They intended to remove
the median in Saratoga/Los Gatos Road and substitute it with a concrete guardrail.
Council has directed staff to oppose any change to Saratoga/Los Gatos Road.
Currently Caltrans seems to be receptive to .the City's concerns. Chr. Moran stated
that a letter would be sent to Caltrans from the Planning Commission expressing
objection to the activity. There was consensus to send the letter.
Council has scheduled a public hearing on August 7 to consider the draft ordinance
for designation of Saratoga Avenue as a Heritage Lane. Council acknowledged the fact
the Commission wanted to get a comprehensive, picture of the entire Heritage Lane
designation, but felt that the changes could not cause a dramatic impact. The
Heritage Preservation Committee has not yet completed the list of the streets for
Heritage Lane designation.
Com. Caldwell reports on two letters she received in the mail regarding an upcoming
meeting of the Land Use Planning Institute in Coronado and a letter pertaining to
information from Solano Press of publications which can be ordered.
CALDWELL/KORAN ROVED TO ADJOURN THE HEETING AT 11:45 P.M. PASSED 6-1.
Vicki Lindeman