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HomeMy WebLinkAbout08-28-1991 Planning Commission Minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: August 28, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Ave. TYPE: Regular Meeting ---------------------------------------------------------------- Roll Call Chairperson Moran called the meeting to order at 7:30 p.m. Present were Commissioners Favero, Forbes, Tucker, Bogosian and Caldwell. Commissioner Durket was absent. Pledge of Allegiance Minutes - 8/14/91 Commissioner Caldwell asked that the motion on page 6 regarding the chimneys be corrected to read " ...to enclose caps under one housing."; page 6, second paragraph, sentence should read: "Mr. Emslie stated he would check to see if this is consistent with the draft ROS ordinance"; page 8, sixth paragraph from the bottom, add to the end of the sentence beginning with "She stated the purpose..." "and grew an ordinance size tree"; and page 12, add "native and drought tolerant species" to motion. Commissioner Bogosian asked that on page 14, fifth paragraph from the bottom, relating to his agreeing with Commissioner Forbes, his statement be amended by adding "on the length of time applicants have to wait". MOTION to approve the minutes of August 14, 1991 as amended. M/S Caldwell/Bogosian Ayes 4 Absent 1 (Durket) Abstain 1 (Tucker) Commissioner Tucker abstained from approval of the August 14 minutes because she was not present at that meeting. ORAL COMMUNICATIONS (THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COMMISSION ON ANY MATTER NOT ON THE AGENDA. SPEAKERS ARE LIMITED TO TWO MINUTES. A MAXIMUM OF 15 MINUTES WILL BE ALLOWED FOR THIS ITEM.) Ed Vincent, 13617 Westover Dr. , stated he was present for the plans on the Paul Masson property; did not see the item on the agenda and asked when the matter will be heard. Chair Moran responded the matter will be addressed in a study session on September 3, 1991. Planning Director Emslie indicated that if Mr. Vincent would leave his name and address, he will be notified of that meeting. 1 i i REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 23, 1991. Technical Corrections to Packet Planner Walgren reported that on item #6 on page 104, regarding GPA-91-001, the title should be "City of Saratoga Planning Commission Recommendation of General Plan Amendment of Certain Property Within the City of Saratoga". 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. 1. DR-91-021 - Blackwell, 20011 Bella Vista, request for design review approval to demolish an existing one-story single family residence and construct a ,new 6,209 sq. ft. two-story residence on a 1.075 acre site, in the R-1- 40,000 zone district per Chapter 15 of the City Code (cont. to 9/11/91, application expires 9/26/91). Commissioner Caldwell asked why this item was continued and Planning Director Emslie explained that the applicants are revising a 2-story plan to a 1-story plan based on staff concerns. Commissioner Tucker asked if this matter will be coming back to the Planning Commission before expiration and Mr. Emslie responded it would. Chair Moran expressed concern with the item being scheduled to be considered just one day before expiration and Mr. Emslie stated this would fall under an administrative type of review and if not acceptable, the Planning Commission will have the opportunity to take final action.' Planner Walgren stated that the applicants can request for a 90 day extension if needed. MOTION to approve the consent calendar. M/S Forbes/Tucker Ayes 6 PUBLIC HEARINGS 2. DR-91-006 - Chadwick, 21152 Chadwick Ct., request for design review approval to construct a new 5,416 sq. ft. one-story residence with an under floor garage per Chapter 15 of the City Code. The subject parcel is 2.8 acres in area 2 i • and is Lot #6 of Tract 7770, the Chadwick Place subdivision (cont. from 7/24/91). Planner Walgren presented the staff report to the Planning Commission, noting that a site visit was made to view the property from neighboring properties. He stated that staff finds the applicant to be in compliance and recommends approval as submitted with the conditions stated. Commissioner Forbes expressed concern with the slope on the south side of the property and stated he would like to see an amendment to add some 24" box trees between the concerned property owners and the ravine. Planner Walgren responded that seven Hollywood Cherry trees and a number of shrub species are planned along the side of the building. Commissioner Forbes stated he would like root ball plants along the property line to stabilize that area. Planner Walgren clarified that the Hollywood Cherry trees are to go to the property line. Chair Moran asked if this would increase the stability of that hillside area, and Planner Walgren responded he is not sure what benefit it will have on stability, adding that the applicant could be required to have ground cover and additional trees in that area. Commissioner Favero asked what changes have been proposed for the circular drive. Planner Walgren indicated that the loop has been reduced. He stated that the primary concern was regarding the amount of fill needed, encroached on the dripline of a specimen oak tree. The revised driveway reduced the grading to eliminate impact on the oak tree. Commissioner Caldwell expressed concern with the possibility that the uncertain geologic condition of lots above Chiquita Way may impede access to lower lots, including Mr. Chadwicks. Planning Director Emslie stated it is difficult to tell the extent of concern, but suggested imposing a condition to ensure that Chiquita Way will provide access. Commissioner Caldwell stated that some supplemental review would be helpful. Chair Moran stated that this could be made a condition of approval. Chair Moran opened the public hearing at 7:40 p.m. Mr. Chadwick, applicant, stated this application has been seven months in process and he would like to get something decided this evening if possible. He added that the designer was present if the Commission had any questions. Mr. Piontek, 21195 Chiquita Way, stated he felt Mr. Chadwick did a good job on the landscaping plans to accommodate his neighbors, but expressed some concern with the proposed length of the home, and asked the Planning Commission to address the matter of excessive bulk as it relates to the south side of the property. Commissioner Caldwell asked if the issue of the bay window has been resolved, and Mr. Piontek stated he has no difficulty with the windows. 3 i • Mrs. Neiman, 13217 Padero Ct., stated she is concerned with the east side of the property, noting, that the structure will be only 20' from the property line; there is already slumping on that hill and asked what type of support structure will be incorporated to keep the home from sliding down the hill. Mrs. Neiman also expressed concern with the potholes on Chiquita Way and the bridge in the vicinity of Chiquita and Pierce Road, stating that they have been patched up but have never been fully repaired. Planning Director Emslie indicated that, in relation to the slope stability of the home, the geological technician's most recent report states that the applicants have incorporated proper foundation techniques and does not recommend any additional studies. Commissioner Caldwell stated she would like some clarification from the City geologist on this matter. Mr. Emslie further responded to Mrs. Neiman's concern regarding the bridge and potholes, stating that under normal circumstances once all construction is completed, the City requires the developer to resolve these types of issues. He, further indicated that it may be possible to look at these as conditions and that the Planning Commission may want to make them a part of the plan review. Mr. Chadwick indicated that some of the damage may have been done by the cable television company; who can be called in to do a little more work; he's waiting until the ground shrinks before doing major repair work; estimates it will take a week to ten days to complete once started and he will do everything possible to make it look perfect. He further stated that the house is on top of a knoll with at least 80' before the property begins to drop off and the house is very well anchored. MOTION to close the public hearing at 8:25 p.m. M/S Bogosian/Forbes Ayes 6 MOTION to approve DR-91-006 with the following additional conditions: 1.) certification prior to zone clearance from the City's Geologist that Chiquita Way be suitable to provide access to the lot; 2.) the soils conditions on the east property line be certified by the City's Geotechnical Consultant prior to zone clearance; 3.) the driveway shall be made of pervious material; 4.) add to landscape conditions that street trees be included on the north elevation, subject to review and approval of the Planning Director. M/S Caldwell/Forbes Ayes 6 4 • • 3. SD-91-002 - Woolworth, 15425 Monte Vista Dr., request for tentative map approval to subdivide a 4.34 acre site into four new parcels ranging from 40,220 to 46,540 sq. ft. each, within the R-1- 40,000 zone district per Chapter 14 of the City Code. The four lots would be accessed by a private cul-de-sac. Planner Walgren presented the staff report to the Planning Commission, stating that the existing residence abutting Monte Vista Drive is proposed to remain for the time being and is in conformance with City ordinances. He also indicated that while there are a number of live oaks on the property, the only trees affected are two non-ordinance size fig trees. Planner Walgren then read into the record two letters received regarding this matter, one from Mr. & Mrs. Emerson, to the north of this project, expressing concern with the preservation of the oak trees and with drainage issues. The other letter came from Mr. Onesto who lives to the south of subject property. Mr. Walgren indicated that staff had anticipated these concerns and discussed them with the City Engineer and Traffic Engineer who concluded that the recommended conditions were adequate. Staff also looked at tree removal and the current configuration requires no trees be removed. Commissioner Favero inquired as to the height limitation imposed on lots 3 and 4 and Planner Walgren responded that lots 3 and 4 will have the greatest impact. Commissioner Favero asked if these lots have to have a single story structure and Mr. Walgren indicated that the conditions are worded that way but the applicant always has an opportunity to ask for an amendment. Commissioner Caldwell asked for the current policy as to requiring or not requiring completion of subdivision improvements. Planning Director Emslie stated that the City Council has directed staff to prepare an amendment to the ordinance to clarify the conditions of map and improvement conditions and this amendment will be going back to the Council on the 18th of September. He further reported that the City Engineer felt it acceptable to allow these improvements to be bonded as bonding includes a written agreement with specific time frames for improvements to be completed. MOTION to open the public hearing at 8:35 p.m. M/S Caldwell/Favero Ayes 6 Mr. Woolworth, the applicant, indicated that he was willing to erect a soundwall (similar to that at the Three Oaks project) to eliminate concerns with lights from vehicles; understands the ~~ • • height limitation; and he would like to keep the driveway where is currently exists, since moving it would mean cutting through some of the best trees and would put the driveway very close to the existing house. A resident at 18433 Monte Wood Drive, expressed agreement with the 20' height limit on both lots #3 and #4. He further stated that it seems it would be easy to accomplish a driveway that is a continuation of the street. Peggy Emerson, 18974 Monte Vista Drive, asked that height poles be placed on the subject property to measure 20' in order that she can better judge how this will affect the view of the mountains from her property. She also expressed concern with drainage on Monte Vista Drive; the hawk rookeries housed in the deodar cedar trees on Monte Vista Drive; would like roof materials to blend in with the existing environment; and would like the Planning Commission to look at this from her property to see exactly what she will be looking at. Mr. O'Donnell, 19135 Monte Vista Drive, objected to the entrance and exit locations of the driveway as they. would face directly on property he is interested in buying. Mr. O'Donnell proposed a gentle curve that would conform with Monte Vista Drive. He indicated that this would eliminate the need to remove any of the trees in question. Commissioner Favero stated that the proposed alternative to the driveway with a slight curve, deals effectively with the rookeries, solves the problem of the offset with Monte Vista, and seems like a reasonable compromise. Mr. Woolworth responded that this is a dead end street therefore he does not see traffic as being a hazard. MOTION to close the public hearing at 9:10 p.m. M/S Favero/Caldwell Ayes 6 Commissioner Favero indicated that a possible solution to the issues of lights, trees, rookeries, etc. has been made available and he was not prepared to vote on this matter without further study. It was the general consensus of the Planning Commission and the applicant that this item be continued to a study session to further study the issues discussed this evening and to receive some alternatives from staff addressing the concerns of the neighbors and the Planning Commission. MOTION to continue SD 91-002 to a study session to address the aforementioned issues. ' 6 • M/S Caldwell/Favero • Planning Director Emslie indicated staff would like to set the date for the site visit at this time. He recommended one weekend visit and one weekday visit. The site visits were scheduled for Saturday, September 14 from 5:00 p.m. to 7:00 p.m. and Monday, September 16 from 5:00 p.m. to 7:.00 p.m. CALL FOR THE QUESTION Ayes 6 Chair Moran called for a break at~9:25 p.m. The Planning Commission reconvened at 9:40 p.m. ------------------------------------------------------------- 4. DR-91-041 - Waller, 20420 Montalvo Oaks, request for design review approval to construct a new 4,123 sq. ft. two-story residence on a 22,651 sq. ft. parcel within the R-1-20,000 zone district per Chapter 15 of the City Code. Planner Walgren presented the staff report, indicating that staff has reviewed the plans, found them to be consistent with City ordinances and recommends approval with conditions contained in the resolution. Chair Moran announced to the audience that the Planning Commission cannot begin any public hearings after 11:30 p.m. and if any applicant wanted to request a continuance now was the appropriate time to do so. There were no requests. Planner Walgren reported that staff received four letters regarding this matter. They were from Dwayne Sand and Elaine Guard, 14910 Vickery Lane; Daniel Hancock, 20410 Montalvo Rd; Mr. & Mrs. Ellis, 14920 Vickery Lane; and Keith and Jaime Miller, 14900 Vickery Lane. Commissioner Caldwell referred to letters referring to subdivision improvement issues and asked how these fit in with the Planning Commission's consideration. Planner Walgren responded that the City Engineer is aware of the drainage issue onto Montalvo Oaks, adjoining residences and the Toyon Lodge and therefore placed condition #24 regarding drainage connection prior to issuance of zone clearance. Planning Director Emslie reported that this project was not developed under subdivision standards but through the process of amending lot lines. Chair Moran opened the public hearing at 9:50 p.m. Michael Layne, 513 Monterey Ave., Los Gatos, generally discussed the design of the house and indicated he would answer any questions the Commission may have. 7 • Dwayne Sand, 14910 Vickery Lane, expressed concern with the survival of a tree located on the property; the massive look of the structure itself; and the issue of one wing of the house hanging over the edge of the slope. David Elgart, 20301 Hill Avenue, ,stated he lived on the adjoining property, but is more concerned with the Vine Street extension and the unhealthy environment being created by trucks stirring up dust while working in the area. Keith Miller, 14900 Vickery Lane, stated he would like to see height poles erected at the site.. Michael Layne responded to the concerns expressed by neighbors, explaining that all elements are a compromise of factors. Mr. Waller, 20417 Montalvo Oaks, applicant, addressed the concern with drainage, indicating that he is taking immediate steps to correct the problem. MOTION to close the public hearing at 10:16 p.m. M/S Tucker/Bogosian Ayes 6 Commissioner Bogosian reported he had visited the site; this is a prominent site; 26' height is excessive for the area; appears very bulky as proposed; and felt the project would have to be scaled down sufficiently to make the findings for design review approval. Commissioner Tucker indicated she would like the opportunity to view the site before committing herself and she would like to have poles erected at the proposed height and the height of the previous house for comparison. Commissioner Forbes expressed agreement with Commissioner Tucker's request and suggested giving the applicant the choice of proceeding this evening or move to a study session. Commissioner Favero stated he felt there is a continuing problem with notifying neighbors and would like to see staff take a pro- active stance in contacting involved parties. Planning Director Emslie indicated that the site study could take place on September 10, the study session September 17, and the public hearing could be scheduled for October 9. The Commission was in agreement. Chair Moran asked staff to take note that all neighbors were to be notified. MOTION to continue DR-91-041 to a study session on September 10 with site poles to be connecting on the ridge line. M/S Bogosian/Caldwell Ayes 6 8 • Chair Moran reiterated that the Planning Commission does not hear public hearings after 11:30 p.m and asked if anyone in the audience wished to request that their item Abe continued to a future meeting. It was requested that Item #8, DR-91-023 (Sinsley) be continued. MOTION to continue DR-91-023, Sinsley, to September 11, 1991. M/S Tucker/Forbes Ayes 6 5. DR-91-043 - Saratoga Pacific Oaks, 19160 Crisp Ave., request for design review approval to construct a new 4,993 sq. ft. one-story residence on a 42,427 sq. ft. parcel within the R-1-40,000 zone district per Chapter 15 of the City Code. The subject property is Lot #20 of the San Marcos Heights subdivision. Planner Walgren reviewed the staff report for this item, indicating that staff recommends approval subject to the conditions listed. Chair Moran opened the public hearing at 10:40 p.m. MOTION to close the public hearing at 10:42 p.m. Commissioner Caldwell requested that on page 85, item #19 be revised to include a requirement for native vegetation and that the second #18 be corrected to #20 and the second #19 be corrected to #21. MOTION to approve DR-91-043 with modifications as noted. M/S Caldwell/Tucker Ayes 6 6. LL-91-002 - Smith, 20301 Hill Ave., request for lot line ZC-91-002 - adjustment approval to relocate an existing lot GPA-91-001 - line per Chapter 14 of the City Code. The proposal also involves amending the General Plan from Low Density Residential to Very Low Density Residential to conform with the revised property lines. Subsequently, the parcels involved will also be rezoned from R- 1-20,000 to R-1-40,000. A Negative Declaration has been prepared. Planner Walgren presented the staff report to the Planning Commission indicating that staff was recommending approval. Commissioner Tucker asked for a definition of the term "cottage" and Planner Walgren responded that the City is looking into the issue of whether this structure will function as a second unit. Commissioner Tucker indicated she would prefer to see the smaller 9 ,,I • • "cottage" labeled a guest house. Chair Moran opened the public hearing at 10:47 p.m. David Elgart, 20301 Hill Avenue, stated he is trying to purchase the improved portion of the property for his home and will be selling the unimproved portion of the property. Bill Heiss, Civil Engineer, reported that they had reviewed the map for potential re-zoning which will put the property in better relationship and give the City more control. He indicated that the applicant is going for less dense zoning. Mr. Heiss indicated that lots 4, 5 and 3 are being re-zoned; they are not changing the lots at this time, just re-zoning the property consisting of these lots. Planning Director Emslie clarified that it is possible for the Planning Commission to include the remaining parcels in the re- zoning if it sees fit to do so. Regarding non-conforming lots, Chair Moran asked staff if it is possible to make a non-conforming lot less non-conforming. Planning Director Emslie responded that you cannot increase the degree of non-conformity but you can improve the situation. Commissioner Caldwell asked if we have legal grounds to condition an applicant that ultimately all lots will be conforming in all respects. The City Attorney responded that we cannot condition a re-zone but will have to wait for the subdivision review to come before the Commission. Planning Director Emslie indicated that the Planning Commission will have the opportunity to look at this matter again at the subdivision level. MOTION to close the public hearing at 11:10 p.m. M/S Caldwell/Tucker Ayes 6 MOTION to approve GPA 91-001 to be all inclusive for all lots designated Residential Low Density to Residential Very Low Density. M/S Tucker/Caldwell Ayes 6 MOTION to approve ZC-91-002 per staffs language to rezone all R-1- 20,000 lots to R-1-40,000 per the applicant's request. M/S Tucker/Forbes Ayes 6 MOTION to approve LL-91-002 per the resolution. M/S Tucker/Caldwell Ayes 6 10 • 7. DR-91-042 - Westbrook, 20611 Lomita Ave., request for design review approval for a 1,003 sq. ft. one and two-story addition to an existing 2,077 sq. ft. one-story residence on a 9,281 sq. ft. parcel in the R-1-10,000 zone district per Chapter 15 of the City Code. Commissioner Bogosian abstained from discussing/voting on this matter because he resides within 500 ft. of the applicants property. Planner Walgren presented the staff report to the Planning Commission. Chair Moran opened the public hearing at 11:20 p.m. Jack Cook, 20550 Komina Avenue, pointed out that on page 121, last paragraph, the directional reference to elevation should read Northwest, not Northeast. He also asked how long a building permit is valid after issuance and if a permit is transferable. Chair Moran indicated it is good for. a two year period and it is transferable, but any structure would have to be built exactly as approved for that particular permit. Mrs. Cook, 20550 Komina Avenue, stated she would like the Planning Commission to visit her property to look at the proposed site and how it will affect her privacy. Al Rosinas, 20621 Lomita Avenue, expressed concern with the lack of foliage available on the site and how it affects his privacy. He indicated he would like to see more extensive planting plans. Mr. Rosinas submitted photos for the review of the Planning Commission. Mr. Westbrook, applicant, stated he is planning to plant trees across the back of his property to take care of the Cook's concerns, and he wants privacy as much as anyone else. MOTION to close the public hearing at 11:40 p.m. M/S Tucker/Caldwell Ayes 5 Abstain 1 (Bogosian) It was the general consensus of the Commission that, as requested by several of the speakers, the Commission visit the site. MOTION to continue DR 91-042 to a public hearing scheduled for September it for purposes of visiting the neighbors yards. M/S Caldwell/Tucker Ayes 5 Abstain 1 (Bogosian) Commissioner Forbes asked the applicant to submit an informal 11 • • landscape plan for review. 8. DR-91-035 - Chen, 12505 Crayside Ln., Lot #18, request for design review approval to construct a new 4,789 sq. ft. two-story residence on a 1.04 acre parcel 'in the NHR zone district per Chapter 15 of the City Code. The subject property is Lot #18 of the Beauchamps subdivision (Tract #8316). Chair Moran stated it is against the policy of the Planning Commission to start public hearings after 11:30 p.m. MOTION to continue DR-91-035. M/S Caldwell/Bogosian Ayes 6 ------------------------------------------------------------ DIRECTOR'S ITEMS 1. Report from Planning Director and City Attorney re: Proposed section to be added to the Design Review Ordinance pertaining to grandfathering of approved subdivisions. Planning Director Emslie reported that staff will be presenting grandfathering language to the City Council on September 18 if acceptable to the Planning Commission. The Planning Commission agreed that the language proposed by staff was sufficiently specific to avoid misuse of the clause by subsequent developers. MOTION to accept grandfather language as amended. M/S Bogosian/Caldwell Ayes 6 Commissioner Caldwell indicated that she has some difficulty with the entire issue of findings to grant exceptions to site coverage; that the whole premise of exemption is misguided and she would like to see the entire thing omitted and go back to what we had before. Chair Moran stated that this gave applicants a choice and agreed it may not work but at least it demonstrates we are willing to negotiate. Chair Moran expressed concern with the effort and the public involvement put into this to date and asked the Commission what findings would work. Commissioner Caldwell responded that if workable findings cannot be found, then we should not do anything. 12 • • Planning Director Emslie stated that it would be consistent with previous action if the Planning Commission were to determine that once they saw the issue, they questioned it and then sent it on to Council. MOTION to have staff report Planning Commission's recommendation to City Council to delete the exemption. M/S Caldwell/Favero Ayes 5 Noes 1 (Tucker) Commissioner Caldwell then presented a proposal to increase the floor area deduction for structures over 22 feet in height. after a lengthy discussion, the Commission decided to return to the 2% deduction for each foot in height over 18 feet. COMMISSION ITEMS Planning Director Emslie expressed concern with going to study sessions, indicating that it is important to keep issues at public hearings. He indicated that the Commission should curtail study sessions to policy related issues and give direction to staff and the applicants to work out other issues. Chair Moran announced that the September 4 City Council meeting will be attended by Commissioner Bogosian. COMMUNICATIONS Written oral City Council ADJOURNMENT The August 28, 1991 meeting of the Planning Commission adjourned at 12:25 a.m. 13