HomeMy WebLinkAbout10-23-1991 Planning Commission Minutes• +-
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Cont. to October 23, 1991
3. DR-91-021 - Blackwell, 20011 Bella Vista, request for
design review approval to construct a new
6,175 sq. ft. one-story residence on a 1.075
acre parcel within the R-1-40,000 zone
district per Chapter 15 of the City Code
(cont. from 9/25/91; application expires
12/16/91).
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5. 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 one
acre parcel within the R-1-20,000 zone
district per Chapter 15 of the City Code. The
subject property is Lot #18 of the Beauchamps
subdivision (Tract #8316) (cont. from
8/28/91).
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6. 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 for a total of
3,080 sq. ft. per Chapter 15 of the City Code.
The parcel is 9,281 sq. ft. located within the
R-1-10,000 zone district (cont. from 8/28/91).
Cont. to 10/9/91
cont. to 11/13/91
9. UP-550.1 - Desert Petroleum, 12600 Saratoga Ave., request
for use permit renewal approval to maintain an
existing gasoline service station and to
modify the existing signage from Gasco to Arco
per Chapter 15 of the City Code. The subject
property is located within the R-M-5,000 P-C
zone district.
cont. to 12/11/91
7. DR-91-048 -
Sandijeh, 14265 Burns Way, request for design
review approval to demolish an existing one-
story residence and construct a 4,836 sq. ft.
two-story home on a 28,020 sq. ft. parcel
within the R-1-15,000 zone district.
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~- CITY' SARATOGA PLANNING COMMI:~N
_ MINUTES
DATE: October 23, 1991 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Ave.
TYPE: Regular Meeting
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Roll Call Chair Moran called the meeting to order at 7:30 p.m.
Present: Moran, Caldwell, Favero, Tucker, Durket and Bogosian
Absent: Forbes
Pledge of Allegiance The Pledge of Allegiance was recited.
Minutes Commissioner Caldwell questioned the reference on page 3 of
the September it minutes to the Sinsley application being the same
application that was approved in 1988 and indicated she would like
staff to clarify if the original application had expired or if
there had been some differences in the drawings. Page 8, Orosz,
she recalled additional discussion before the vote wherein she
concurred with the staff report and was interested in seeing the
second story setback among other things and asked for more detail
from these minutes regarding that item.
MOTION to approve the minutes of September 11, 1991 as corrected.
M/S Tucker/Caldwell Ayes 5
Noes 0
Absent 1 (Forbes)
Abstain 1 (Durket)
Commissioner Bogosian stated that on page 6 of the October 9
minutes regarding GTE Mobilnet, he wanted it to be clear that his
objection to the GTE antennae was based on the design review
findings and he would like the reference to "and the people living
there" struck from the minutes.
Commissioner Caldwell noted that on page 3 the vote regarding the
continuance of the Open Space Element item to a special study
session was not represented in the minutes. The vote should read:
Ayes 6 Noes 1 (Moran). Commissioner Caldwell further asked
that the minutes reflect that a clear majority of the residents who
were present that evening to speak on the .issue indicated a
preference for a special study session. Page 7, regarding Mr.
Oliver's request for a two week continuance, the minutes should be
amended to note that the request was made to allow the Planning
Commission to review the results of the air study at the same time.
Page 8, in the motion to deny DR-91-022, item number 1 should be
changed to read "this site is even more prominent than the
neighboring site...; number 2 "store" should be "story".
Commissioner Caldwell also asked that the minutes be amended to
note Mr. Barry Coate's report to the Planning Commission in regard
to the Waller matter. Page 10, second to the last paragraph,
delete "(as regards landslide repair)." Page 11, third from the
last paragraph, add at end of that sentence "...given the policy of
the Council to require identification of all trees and groves of
trees on development applications.
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Planning Commissio~:inutes
10/23/91
s
Chair Moran stated it was her recollection that people present at
the October 9 meeting indicated a willingness rather than a
preference to move the item to a study session.
MOTION to approve the minutes of October 9, 1991 as amended.
M/S Caldwell/Tucker
Ayes 6
Noes 0
Absent 1 (Forbes)
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.)
Commissioner Favero asked for clarification as to direction given
regarding the Wong development at the last study session and Chair
Moran responded that staff was asked to amend the minutes of the
previous study session that direction had not been given. Acting
Planning Director, Tsvia Adar, stated she is preparing information
for the Planning Commission that will be available at the October
29 meeting.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting
was properly posted on October 18., 1991.
Technical Corrections to Packet
The Acting Planning Director Adar stated there were only minor
corrections that will be dealt with as the items are discussed.
Planner Riggs announced that the City Attorney would arrive shortly
and had asked that the Planning Commission proceed with business.
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-91-042 - 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 for a total of
3,080 sq. ft. per Chapter 15 of the City Code.
The parcel is 9,281 sq. ft. located within the
R-1-10,000 zone district (withdrawn by
applicant).
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10/23/91
s
2. DR-91-052 - Hu, 12370 Ted Ave., request to demolish an
existing residence in order to construct a new
3,369 sq. ft. two-story residence per Chapter
15 of the City Code. The parcel is
approximately 11,202 sq. ft. and is located
within the R-1-10,000 zone district (cont. to
11/13/91).
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3. DR-91-037 - Chao, 21894 Villa Oaks Ln., request to
construct a new 5,806 sq. ft. two-story
residence within the Mt. Eden Estates
subdivision per Chapter 15 of the City Code.
The parcel is approximately 43,996 sq. ft. and
is located within the NHR zone district (cont.
to 11/13/91).
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4. 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 one
acre parcel within the R-1-20,000 zone
district per Chapter 15 of the City Code. The
subject property is Lot #18 of the Beauchamps
subdivision (Tract #8316) (cont. to 11/13/91
to readvertise for additional square footage;
application expires 11/8/91).
Commissioner Bogosian removed item #4, Chen.
Commissioner Caldwell questioned why item #2, Hu, item #3, Chao,
were continued. Acting Planning Director Adar reported that
regarding item #2, Hu, staff was concerned with the design and the
applicant is working with staff on revisions.
Planner Paul Karmoyan reported that item #3, Chao, was continued
because staff requested revised grading plans as well as having the
house stepped down on the hillside and the plans were not ready for
this meeting.
Commissioner Bogosian stated he had the same question regarding
item #4, Chen, and Planner Riggs reported there was a change in
square footage after the public hearing was noticed, and staff
requested the continuance due to the mis-notice.
MOTION to approve the Consent Calendar as submitted.
M/S Tucker/Favero Ayes 6 Noes 0 Absent 1 (Forbes)
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PUBLIC HEARINGS **
(THE PLANNING COMMISSION POLICY RELATIVE TO PUBLIC HEARINGS IS THAT
THE APPLICANT'S PRESENTATION SHALL BE LIMITED TO 10 MINUTES, AND
OTHER SPEAKERS WILL BE LIMITED TO 3 MINUTES).
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Planning Commissio~inutes
10/23/91
5. DR-91-021 - Blackwell, 20011 Bella Vista, request for
design review approval to construct a new
6,157 sq. ft. one-story residence on a 1.1
acre parcel within the R-1-40,000 zone
district per Chapter 15 of the City Code
(cont. from; 9/25/91; application expires
12/16/91).
Commissioner Moran reported she would be stepping down from
discussion of this item because she lives within 500 ft. of the
proposed home, adding that Vice Chair Caldwell would handle this
item.
Planner Riggs presented the staff report, stating that staff finds
the home compatible with the neighborhood in regard to size, bulk
and design. Planner Riggs further reported that the greatest
concern has been the trees, particularly the 60" oak, and the
applicant has worked closely with staff and the City arborist so as
not to disturb the trees and to address the issues of design
review. The City arborist has determined that the proposed design
will not interfere with the 60" oak if all the conditions of the
arborists report are followed.
Staff recommended that the following condition be added to the
resolution: "Prior to zone clearance, the applicant shall submit
to the City, in a form acceptable to the Planning Director,
security in an amount deemed sufficient by the Planning Director
pursuant to a report and recommendation by the City arborist to
guarantee the maintenance and preservation measures of trees on the
subject site for five years." Planner Riggs further noted that no
correspondence regarding this matter has been received.
Craig Blackwell, 20011 Bella Vista, applicant, reported the square
footage of the existing structure on this property is approximately
2700 sq. ft. and further noted that the detached garage, 25 ft. x
20 ft., will also be torn down.
MOTION to close the public hearing.
M/S Durket/Tucker Ayes 5 Noes 0
Abstain 1 (Moran) Absent 1
MOTION to approve DR-91-021 with one additional condition as noted
by staff.
M/S Durket/Bogosian Ayes 5 Noes 0
Abstain 1 (Moran) Absent 1
Commissioner Caldwell suggested changing condition #7 to provide
for additional landscaping along the south and southwest
elevations, to read as follows: "Landscaping shall be installed
prior to final occupancy to screen structure along the south and
southwest elevations. Landscape plans shall be subject to the
approval of the Planning Commission prior to zone clearance. Any
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Planning Commissio~inutes
10/23/91 -
requested or anticipated landscape plans shall require native and
drought tolerant species and be in conformance with the City's
xeriscape standards. Any landscape being proposed in and around
the oak trees shall be compatible with the long term health of
these trees."
Commissioner Tucker stated that at times, staff is allowed to
approve this, but asked if Commissioner Caldwell was asking that
this come back to the full Planning Commission for approval.
Commissioner Caldwell stated that in the absence of a Planning
Director, she would like the landscape plans to come back to the
Planning Commission for approval. Planner Riggs suggested it may
be appropriate to ask that it come back to the arborist, to save
time. Commissioner Caldwell stated that she was agreeable to the
landscape plans going to the arborist rather coming back to the
Planning Commission.
CALL FOR THE QUESTION Ayes 5 Noes 0 Abstain 1 (Moran)
Absent 1
The City Attorney arrived at 7:55 p.m.
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6. SM-91-003 - Dividend Development Corp.(Owner); Chapman &
ZC-91-001 - Wilson (Applicant), 13150 Saratoga Ave.,
request to modify previously approved site
development plans for the senior housing
portion of the former Paul Masson site. The
applicants propose the following on an 11.07
acre parcel located on the southerly half of
the Masson site zoned MU-PD:
A. 192 condominium units
B. 21 patio homes
C. 40 beds - personal care
D. 80 beds - skilled nursing
In addition, the owner and applicant are requesting
to amend the height limitation prescribed for the
MU-PD zone district. The owner and applicant
request a maximum height of 46 feet to allow a
three-story structure. This would exceed the 30
foot, two-story limit prescribed for the MU-PD zone
district (cont. from 9/25/91; application expires
1/92) .
Commissioner Favero stated he may have a conflict of interest and
would be stepping down from discussion as a Planning Commissioner
but would be speaking as a citizen of Saratoga.
Acting Planning Director Adar gave the staff report. She
reminded the Planning Commission that this item has returned to the
Commission as a result of a tie vote at a previous meeting and a
subsequent motion to continue the item to this meeting.
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Planning Commissio~inutes
10/23/91
She further reported that the Planning Commission directed the City
to prepare a air quality study, adding it will include interior
carbon monoxide levels, long term health effects, a the feasibility
of filtering the carbon monoxide from living areas.
The City Attorney addressed the Planning Commission regarding
procedure stating that, under the.City's ordinances, when there is
a tie vote the motion fails and the matter is carried over to the
next agenda for a re-vote. If the matter is appealed in the
interim, it goes directly to the City Council for consideration.
The Planning Commission did take action to continue this item and
in the interim an air quality study was received. The complication
here is that the public hearing was closed prior to the tie vote
and in order for the public to comment on the air quality study the
hearing would have to be re-opened and re- noticed. The City
Attorney stated that the Planning Commission can hear the staff
report and the consultant's report this evening, however additional
consideration of the air quality report would have to be re-noticed
to give the public an opportunity to address the issue.
Commissioner Durket stated he felt the safest course would be to
hold a public hearing in a properly noticed session and not hear.
the air quality report this evening, but continue the matter to
properly noticed meeting.
Commissioner Tucker asked that the resolution be corrected to
reflect that the maximum height be.46 ft. and further reported that
she received letters from Mrs. Spiro, Mr. & Mrs. Kramer, and Mr.
Molivini expressing concerns over.the three-story height.
Mr. Oliver stated he understood that the hearing was closed on the
issue of a third story structure, but a public hearing was not
opened on the issue of carbon monoxide and he sees these as two
separate issues. Mr. Oliver requested that a public hearing be
opened this evening regarding the carbon monoxide matter. He
stated that the consultant and a number of people in the audience
were here to address this matter this evening and if the Planning
Commission determines that the carbon monoxides make this an
inappropriate site, then the third story is no longer an issue.
Staff indicated that agendas were sent to all parties on the
mailing list but that the air quality issue has not been
specifically noticed.
Commissioner Caldwell expressed concerns with the results of the
study received to date and stated she would like to have the entire
study at the next public hearing.
Chair Moran questioned whether the next public hearing will be
limited to just air quality or will it be an opportunity to
consider a re-crafting of the resolution. The City Attorney
responded that the modifications are still an issue although the
public hearing has been closed and. suggested reopening the public
hearing on all aspects of the matter that the Commission wants to
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Planning Commissio~inutes
10/23/91
discuss.
MOTION to continue ZC 91-001 completely to allow for a public
hearing to be held on November 13, 1991.
M/S Durket/Bogosian
Dennis Favero, Vineyard Lane, expressed concern with the lack of
notice for the air quality report.
Acting Planning Director Adar stated that staff did not realize
that the continuation of the public hearing was a matter of
procedure and that the air quality study was made available only
yesterday, leaving no time to notice for this meeting.
CALL FOR THE QUESTION Ayes 5 Noes 0 Abstain 1 (Favero)
Absent 1
Chair Moran directed staff to be sure the notices made it clear
that all issues will be open for discussion.
MOTION to continue SM-91-003 to November 13, 1991 public hearing.
M/S Bogosian/Tucker Ayes 5 Noes 0 Abstain 1 (Favero)
Absent 1
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7. DR-90-082 - Williams, Lot ~3, Tract 7770, request for
V-91-015 design review approval for a new, two-
story 9,268 sq. ft. single family
residence on a 10 acre parcel, and for
variance. approval for development on a
minor ridge in the NHR zone district per
Chapter 15 of the City Code (application
expires 11/19/91).
The Acting Planning Director presented the staff report, adding
that staff is able to make the design review findings and that the
application as presented will not be too high as the visible
portion of the home will only be one story. She further stated
staff would like to add the standard condition of xeriscape
landscaping, and add a condition that any future request for a
swimming pool on this lot would have to come back to the Planning
Commission.
Commissioner Durket asked if the turn around space in the driveway
reflected in the arborist's report had been deleted. Staff
responded the plans before the Commission tonight are the final
plans and the configuration as shown is how the drive will be
designed.
Chair Moran opened the public hearing at 8:30 p.m.
Phil Williams, 21796 Hyannis Port Drive, stated he has tried to
incorporate a completely new single story home to address height
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Planning Commissio~inutes
10/23/91
•
constraints and hopes it will meet with the Planning Commission's
approval. Mr. Williams reported. that none of the trees will be
disturbed by the driveway design.
The Planning Commission generally discussed the total length of the
proposed structure, the view from the valley floor and the parking
area.
Ms. Nieman, Saratoga resident, expressed concern that none of the
restoration has been done yet, and requested a time schedule and
procedural schedule for the restoration.
A Saratoga resident living at 13363 Old Oak Way, expressed concern
with such a large home being constructed so far from afire hydrant
and asked if this will set a precedent for future homes in that
subdivision.
Phil Williams responded that he has received permission from the
City Council to do the restoration in the same time frame as the
construction of the house. He further stated that a fire hydrant
is located less than 500 ft. from the home as required by the City
and trees and shrubs are not being planted up against the house.
MOTION to close the public hearing at 8:45 p.m.
M/S Tucker/Bogosian Ayes 5 Noes 0 Absent 1
(Commissioner Favero was out of the room at the time the vote was
taken.)
Commissioner Caldwell asked if the City Council had in fact given
permission for the restoration to be done at the same time as the
construction, and the Acting Planning Director responded that the
City Council approved the request~in October of 1990, but did not
state specifics. She indicated that the Planning Commission can
impose more restrictions.
Chair Moran asked if staff was recommending the restoration be
completed prior to final occupancy and the Acting Planning Director
responded that the final inspection will not be done until the
restoration has been completed satisfactorily.
MOTION to approve V-91-015 with staffs findings regarding the
variance.
M/S Tucker/Bogosian
MOTION to reconsider.
M/S Tucker/Moran Ayes 5 -Noes 0 Absent 1
Commissioner Caldwell expressed concern with the third variance
finding in the matter stating it does not seem specific to this
variance request in that the variance is for height exceedance this
statement seems to have nothing to do with that. Chair Moran
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_ 10/23/91
stated it relates to the construction of the house, not the height
of the house.
The City Attorney suggested restating the third variance as
follows: "Granting the variance will not be detrimental ....in
that the proposed single family dwelling at 18 ft. above the minor
ridge rather than 12 ft. above does not impose..."
MOTION to approve V-91-015 with the City Attorneys wording
regarding the third finding.
M/S Tucker/Bogosian Ayes 5 Noes 1 (Favero) Absent 1
MOTION to approve DR-90-082 per two conditions: (1) relating to
xeriscape; and (2) relating to the pool as stated earlier.
M/S Tucker/
Motion died for lack of a second.
MOTION to amend the resolution as follows: (1) add xeriscape
landscaping; (2) condition #3 read as follows: "The height of the
structure shall not exceed 26 ft. as measured from the finish grade
of the garage level to the highest point of the structure. No part
of the structure may extend more than 688 ft. above mean sea
level"; (3) condition #11: restoration move forward as the City
Council requested (prior to the issuance of any permits).
Harry Peacock, Saratoga City Manager, suggested the condition be
modified to reflect that grading ,permits for the restoration be
issued upon approval of the design review application by the
Commission and the balance of the restoration plan, including the
landscaping, has to be completed before final occupancy is granted
by the City.
Commissioner Caldwell stated that is how she would like condition
#11 to read. She completed her motion as follows: "condition 12:
change "Planning Director" to "Planning Commission"; references to
the City arborist report include any subsequent reports by the
arborist; add the following to condition #12: "Approved landscaping
plan shall be installed prior to final occupancy"; add to condition
#10: "Exterior colors be dark earthtones and subject to Planning
Commission approval".
Commissioner Caldwell expressed concern for the amount of grading
that has taken place on this lot and asked if it is appropriate for
the Commission to deny a swimming pool. The City Attorney
responded that an option is to not include it at this point, but if
a request for a pool comes to the Planning Commission in the
future, the Commission will have it in the form of an application
to review. She stated this may give the Commission stronger
grounds to say yes or no.
Commissioner Caldwell stated for the record she feels no further
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Planning Commissio~inutes
10/23/91
grading should be allowed on this lot, but she will leave the
swimming pool issue as is as long as any future site modifications
will come back to the Planning Commission for review and approval.
M/S Caldwell/Bogosian
Commissioner Caldwell added the condition of 100% security deposit
for five year maintenance for restoration and landscaping.
Commissioner Durket stated he feels not all concerns have been met;
the house is far too long and it sits on a more than prominent
site.
Chair Moran expressed agreement with the City Attorney's comments
regarding the pool and she was happy with the current color of the
home.
CALL FOR THE QUESTION Ayes 4 Noes 2 (Durket, Favero)
Absent 1
Chair Moran called a recess at 9:05 p.m.
The Planning Commission reconvened at 9:15 p.m.
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8. DR-91-026 - Ruehle, 21097 Comer Ave., request for design
review approval to construct a new 5,221 sq.
ft. two-story residence on a 1.95 acre site
within the NHR zone district per Chapter 15 of
the City Code. A rear yard pool, pool house
and associated decking are also proposed
(cont. from 9/25/91; application expires
11/19/91).
The Acting Planning Director gave the staff report noting that
staff concerns related to the swimming pool, the pool house and the
decking, have been addressed by the conditions of the resolution
requiring the applicant to relocate the swimming pool closer to the
house.
Commissioner Favero asked for information regarding slope set backs
and the Acting Planning Director responded the average slope is
37%, the building site is less than 30% and does not require a
variance.
Chair Moran opened the public hearing at 9:23 p.m.
Steve Benzing, architect, addressed Commissioner Favero's concerns
about setbacks, stating that they hired a soils engineer to address
this issue who determined they should move the house away from the
steep part of the site. Mr. Benzing then reviewed the proposed
plan for the Planning Commission. The only change requested
concerned condition #8, requiring the brick veneer exterior
continue around the entire garage and the lower level elevation.
Mr. Benzing requested approval to landscape this area in lieu of
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Planning Commissio~inutes •
10/23/91
placing the brick veneer to maintain the continuity by keeping
stucco since there is no other brick on this level.
Commissioner Caldwell asked how much of the roof area would extend
to 26 ft. Mr. Benzing reported that approximately 30% would be at
that height.
Ms. Nieman, 13217 Padero Ct., expressed concern that the previous
approval was based on using part of the Ruehle land. She further
stated that Mr. Diamond received approval based on the using part
of the land that is now Mr. Ruehle~s land; the site approval and
building permits were based on using that land and it had been made
very clear that Mr. Diamond would not further subdivide the
property. Ms. Nieman further expressed concern with the lack of
access by fire vehicles to part of her property due to alterations
to the creek by surrounding development. Ms. Nieman questioned how
the lot line adjustment happened to allow the current situation to
exist without public notice.
Commissioner Caldwell asked if Ms. Nieman was concerned that Mr.
Flynn and Mr. Diamond are making use of this property to maximize
the development of their properties and Ms. Nieman responded that
was correct since both are using this piece of land to get
approvals.
Commissioner Favero asked for further clarification regarding the
fire access to her property. Ms. Nieman reported that at this
point they still do no have access to the back of her property. At
one time Mr. Crowell had agreed they needed it, but later issued a
letter indicating that the access was not necessary. Ms. Nieman
stated this was not the reason she was here tonight. Instead she
wanted to know how the land in question got transferred.
Resident, 13451 Old Oak Way, noted she had also been at the meeting
Ms. Nieman referred to and Mr. Diamond had been adamate that
nothing should bisect the property because he wanted to landscape
the whole driveway and the property was treated as his at that
meeting.
Commissioner Tucker stated she was not prepared to vote until this
matter is cleared up because the applicant is almost at the maximum
on the property.
Jack Harris, 21083 Comer Drive, stated the piece of property in
question was never discussed at that previous meeting; the property
was divided between Schwartz and Flynn and the issue of access at
that time was across the Diamond property.
Mr. Benzing noted that if the triangle-shaped piece of property in
question was not included, the loss in lot area versus the average
site slope would be about the same and they could build a slightly
bigger home.
MOTION to close the public hearing at 9:45 p.m.
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Planning Commissio~inutes
10/23/91
M/S Tucker/Favero Ayes 6 Noes 0 Absent 1
Chair Moran asked if staff can verify that the square footage would
be greater if that triangle-shaped piece of property were not
included. Acting Planning Director Adar stated that she could not
respond at this time as staff has not had an opportunity to
investigate this and it is not shown on the parcel map.
Commissioner Favero stated that the issue of the piece of property
in question being used by two different properties needs to be
addressed before the Commission can take any action on this matter.
Commissioner Caldwell agreed, also noting that the foundation for
the decision in 1988 by the Planning Commission to restrict the
height of any structure on the site to 22 ft. is an issue in her
mind. She asked staff to analyze what if anything had changed
since the height conditions were originally imposed; anything that
would justify deviation from the 22 ft. height limit." She further
stated that the issue of the triangle-shaped piece of property
should be addressed before moving into technical aspects of the
application.
Commissioner Tucker suggested continuing this item and direct staff
to resolve the issue of the property in question and provide the
Planning Commission with the minutes of the meeting where the 22 ft
height restriction was discussed.
Commissioner Bogosian stated he: would like the issue of the
triangle-shaped piece of property addressed in the form of a
written memorandum before moving into the design review aspects of
the proposal.
Chair Moran added that she does not feel that 30% of the ridge
portion is a minor and would like to consider the 22 ft. height
restriction that was originally imposed.
MOTION to continue DR 91-026 to November 13, 1991 meeting for a
resolution of those items noted.
M/S Caldwell/Bogosian
Chair Moran clarified for the applicant that the Commission is not
asking for changes at this time but are asking for additional
information from staff.
Harry Peacock, City Manager, suggested the Commission reopen the
public hearing at this time as they may want to take additional
testimony on this matter.
The prior motion was withdrawn by Commissioner Caldwell.
MOTION to reopen the public hearing and continue DR-91-026 to the
November 13, 1991 Planning Commission meeting.
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Planning Commissioi~inutes •
. 10/23/91
M/S Caldwell/Favero
Warren Heid, architect, clarified that it appears the triangle
piece is a part of the Ruehle property and this comes as a complete
surprise.
CALL FOR THE QUESTION Ayes 6 Noes 0 Absent 1
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9. DR-91-044 - Lin, 20170 Rancho Bella Vista, request for
design review approval to construct a new
4,440 sq. ft. two-story residence on a 20,033
sq. ft. parcel within the R-1-20,000 zone
district per' Chapter 15 of the City Code
(cont. from 9/25/91; application expires
12/24/91).
The Acting Planning Director presented the staff report and
history.
Chair Moran opened the public hearing at 9:53 p.m.
Mr. Haws, 2067 Colusa Way, San Jose, addressed the Commission
regarding the arborist's report, noting they have complied with
arborist's wishes. Mr. Haws referred to letters received from Mr.
& Mrs. Virgil and Mr. & Mrs. Verone, and noted that these neighbors
have agreed to withdraw their objections after meeting with the
applicant at which time the plans were presented and their concerns
were mitigated. Mr. Haws continued to review the plans before the
Commission.
Commissioner Tucker asked if Mr. Haws had a written statement from
the neighbors regarding their withdrawal of their objections and
Mr. Haws responded he did not.
David Chen, applicant's representative, 19071 Portos Drive, stated
he was present at the meeting between the neighbors and the
applicant noting the neighbors were given an opportunity to review
the plans and seemed very pleased with them.
MOTION to close the public hearing at 10:00 p.m.
M/S Caldwell/Bogosian Ayes 6 Noes 0 Absent 1
Commissioner Favero asked if the issue of privacy has been
resolved. Acting Planning Director Adar stated it has been
completely mitigated.
Chair Moran stated she felt it would be more appropriate for the
neighbors that had the objections to withdraw them rather than it
being done by a third party.
Commissioner Durket stated the Commission has to look at the
project in a "global" awareness and hear from the other neighbors
also.
13
Planning Commissio~inutes
10/23/91
Commissioner Bogosian stated he agreed we should be looking at the
effect the project will have on all neighbors. He further stated
he is unable to support the two story proposal as it is too high
and too massive for this particular neighborhood.
MOTION to approve DR-91-044 with the following modifications:
(1) appropriate security deposit for tree preservation
measures; (2) a condition providing that the difference
between the value of the trees being removed and the value ~
any replacements installed on site as determined by the Cit y
arborist be deposited by the applicant in the City's p a r k
development fund.
Chair Moran asked for clarification and Commissioner Caldwell
reviewed her concerns, noting that we are taking away trees from
our environment and the value of those trees that cannot be placed
back on that property in terms of replacement be deposited in the
park development fund; effectively those trees can be planted
elsewhere in the community. She further stated she had previously
discussed this with the previous Planning Director who felt an
adequate nexus existed and was supportive of it.
The City Attorney expressed concern with the need for a nexus,
adding that it the Planning Commission wished to continue this
matter to allow staff to determine if there is a nexus it would be
an appropriate action to take.
MOTION died for lack of a second.
MOTION to approve DR-91-044 per staff report with the addition of
an appropriate security deposit for tree preservation measures.
M/S Tucker/Caldwell
Commissioner Favero stated he would like to have positive
affirmation that what is being proposed now is acceptable to the
home owner and would like the citizens of that area to come back
and say they are willing to tolerate that.
Commissioner Caldwell stated she had discussed the replacement tree
program previously with the prior Planning Director and thought
staff would be prepared to discuss this issue, and would be in
favor of a continuance to address both issues.
Commissioner Durket stated the letters address the two story issue
not the privacy issue, this design does not alleviate the hemmed-in
feeling and he would not be able to support the resolution.
The City Attorney noted that it is important to get public input
but the decision is the Planning Commission's, not the neighbors.
Commissioner Caldwell asked if it would be possible to include a
condition that would apply if the City Attorney determines an
adequate nexus exists.
14
Planning Commissio~inutes
10/23/91
Harry Peacock, City Manager, stated this would be difficult to do
in the absence of a special resolution by the City Council in
accordance with the requirements of AB1600 which requires that any
time the City establishes some type of development fee the Council
must establish a purpose for which the funds are going to be used.
He added that the process in very involved and complicated.
The City Attorney stated the issue should be resolved before the
project is approved.
Commissioner Favero stated he feels it is the Planning Commissions
responsibility to make decisions but feels that what the neighbors
have to say weighs very heavily on his decision and feels it is
important to have the neighbors come back to say how they feel
about this proposal.
CALL FOR THE QUESTION Ayes 3 Noes 3 (Favero, Durket,
Bogosian)
Absent 1
Tie vote.
The City Attorney noted that, due to the tie vote, this matter will
automatically come back to the Planning Commission for a re-vote
and the applicant has the right to,appeal. She further stated that
if the applicant appeals, this tie vote will become a denial.
The architect asked for clarification as to whether or not the
public hearing has been closed and Chair Moran responded it had.
The City Attorney noted that this item will be placed on the next
agenda of the Planning Commission for a re-vote and once a public
hearing has been closed no public input will be allowed unless the
Planning Commission has specific questions of the applicant.
MOTION to reopen the public hearing and continue the matter to the
November 13, 1991 meeting of the Planning Commission.
M/S Caldwell/Favero Ayes 6 Noes 0 Absent 1
----------------------------=-------------------------------
10. DR-91-050 - Callahan, 14307 Lutheria Way, request to
RE-91-005 - construct a 1,880 sq. ft. one and two-story
addition to an existing 3,015 sq. ft. two-
story residence. The request also involves
pool and hardscape surface construction within
the R-1-20,000 zone district per Chapter 15 of
the City Code (cont. from 10/9/91).
Planner Kermoyan presented the staff report and history on this
item, noting the project complies with all zoning standards and
staff recommends approval.
Chair Moran expressed concern with,the privacy impact and asked if
other alternatives were discussed. Planner Kermoyan responded that
15
•. Planning Commissio~inutes ~ •
10/23/91
they discussed the elimination of the bay window, but other than
that the majority of the privacy impacts will be mitigated by the
trees currently on the property. He further noted that, since
there is no guarantee that the trees will always be there, staff
felt either upper story windows or obscure glass will mitigate 100%
of the concerns.
Chair Moran opened the public hearing at 10:31 p.m
Scott Callahan, applicant, stated he has no difficulty with the
staff recommendations.
MOTION to close the public hearing at 10:33 p.m.
M/S Bogosian/Caldwell Ayes 5 Noes 1 (Durket out of room)
Absent 1
MOTION to approve DR-91-050 with the added conditions of additional
landscape screening along the east elevation boundary and a
security deposit for implementation of the tree preservation
measures as outlined in the arborist report.
M/S Caldwell/Favero
Chair Moran expressed concern with the privacy impact on the
neighbors and could not support.
Commissioner Bogosian concurred and noted this is a very large lot
and there are other alternatives for expansion.
Commissioner Tucker stated that due to the location of the homes on
the respective sites, she does not feel there is a privacy impact
other than perhaps the pool area and the additional screening will
be adequate.
CALL FOR THE QUESTION Ayes 3 Noes 2 (Moran, Bogosian)
Abstain 1 (Durket) Absent 1
il. DR-91-051 - Shenhav, 12291 Titus Ave., request for design
review approval to construct a 1,108 sq. ft.
second story addition to an existing 2,638 sq.
ft. single family residence per Chapter 15 of
the City Code. The residence is situated on a
14,000 sq. ft. parcel and is located in the R-
1-12,500 zone district (cont. from 10/9/91;
application expires 1/29/92).
Planner Riggs noted that neighbors to the west of this property
have submitted a letter opposing the second story addition based on
privacy and noise as well as other issues. Planner Riggs then gave
the staff report. Ms. Riggs stated that there are three windows on
this elevation and only the middle window is of concern. She
indicated that staff is recommending obscure glass or upper level
window to mitigate the impact. Staff finds this plan to be
16
. Planning Commissio~inutes a
10/23/91
compatible and recommends approval.
Chair Moran opened the public hearing at 10:42 p.m.
James Baldwin, architect, addressed the Commission regarding the
privacy issue, noting that existing trees and shrubbery block the
view of the applicant into the neighbors yard and additional
shrubbery is being proposed.
Mr. & Mrs. Vincent, 19287 Oak Tree, spoke against the addition due
to bulk, privacy impact and noise and recommended specific
mitigation measures in reducing the number of windows in the back
and providing an adequate landscaping plan.
Commissioner Favero asked if a compromise could be reached between
the Vincents and the applicant and Mr. Vincent responded their
preference would be to have the application denied, but in the
event that does not happen, they will negotiate with the applicant
to try to reach a compromise. The applicant agreed with this.
Ms. Shenhav stated she tried to negotiate with the neighbors and
was unable to reach a compromise, and she is also concerned with
privacy issues. She stated that the trees being planted will
mitigate the noise issue. (Photos were presented to the Commission
for review).
MOTION to close the public hearing at 10:50 p.m.
M/S Durket/Bogosian Ayes 6 Noes 0 Absent 1
MOTION to approve DR-91-051, incorporating the landscape plan
already undertaken by the applicant and including the type of trees
to be planted.
M/S Durket/Bogosian
Commissioner Favero asked if consideration was given to moving the
addition more to the center of the house. Planner Riggs responded
that from a privacy standpoint moving it to the middle of the house
would be more of an impact.
Chair Moran asked the Planning staff look over the landscape plans
very carefully and have the option of requiring additional tree to
be planted.
Commissioner Durket amended the motion to include approval of the
landscape plans by the Planning Department.
CALL FOR THE QUESTION Ayes 5 Noes 1 (Favero) Absent 1
-----------------------------------------------------------
12. DR-91-055 - Saratoga Estates, 19171 Oahu Ln., request to
construct a new one-story 4,047 sq. ft.
residence per Chapter 15 of the City Code.
17
Planning Commissio~inutes
10/23/91
The parcel is approximately 16,738 sq. ft. in
area and is located within the R-1-15,000 zone
district (cont. from 10/9/91).
---------------------------=--------------------------------
13. DR-91-056 - Saratoga Estates, 19151 Oahu Ln., request to
construct a new one-story, 4,093 sq. ft.
residence per Chapter 15 of the City Code.
The parcel is approximately 26,365 sq. ft. in
area is located within the R-1-15,000 zone
district (cont. from 10/9/91).
------------------------------------------------------------
Planner Kermoyan presented the staff report noting that it complies
with City standards and staff recommends approval. Planner
Kermoyan clarified that there was an error on the plans that were
originally proposed in that the applicant did not include the
garage. The applicant has informed staff that they are
approximately the same size.
Commissioner Tucker asked what was the purpose of the holes
currently on the property and what will happen to them. Planner
Kermoyan explained that previously this was a farm site with
several basements and these areas are to be backfilled. He further
noted that the parcel map approval will expire in March of 1991.
The City Attorney clarified that if the parcel map says that
something has to be done prior to zone clearance then it must be
done.
Chair Moran opened the public hearing at 11:07 p.m.
The applicant addressed the Commission noting that the home on the
front lot will be 3,407 sq. ft. and the home on the back lot will
be 3,483 sq. ft. The applicant then reviewed modifications.
Commissioner Caldwell noted that there are still columns over the
entryway and the applicant responded that was correct, but they
will be painted the same color as the wood siding.
Chair Moran asked if the applicant has considered removing the
wrought-iron gate to make the home more compatible with the
neighborhood. The applicant reported that the buyers have children
and safety is an issue. He stated they could reset the entry gates
5-10 ft. if the Planning Commission wishes. Chair Moran asked if
the size of the homes were discussed with staff as it relates to
compatibility and the applicant responded he had talked with the
prior Planning Director but elevation of the structure was the
issue, not the size.
MOTION to close the public hearing at 11:20 p.m.
M/S Caldwell/Tucker Ayes 6 Noes 0 Absent 1
MOTION to approve DR-91-055 and DR-91-056.
18
'': Planning Commissio~inutes '~
10/23/91
M/S Bogosian/Durket
Commissioner Caldwell suggested the following amendments based on
the previous hearing. (1) condition #4~: modify for "Planning
Commission" review and approval; restate second sentence to read
"Landscaping per the approved landscape plan shall be installed
prior to final occupancy; (2) add "all fencing shall be of wood
materials"; (3) Lot A: removal of the front columned entryway; (4)
Lot B: removal of the gated entryway.
M/S Caldwell/Durket Ayes 6 Noes 0 Absent 1
Chair Moran apologized to the applicant that the issue of size did
not come up in discussion with staff and realizes that the
applicant has done everything the Commission asked him to do but
she will be unable to support these houses as presented because
they are too massive and bulky in this established neighborhood.
CALL FOR THE QUESTION Ayes 5 Noes 1 (Moran) Absent 1
Planner Kermoyan asked if the Commission's direction was to have
the landscape plan come back t.o the Planning Commission for
approval and Chair Moran indicated that was correct.
** The Planning Commission will not open any new public hearing
items after 11:30 p.m. Those items not heard will be placed
as early as possible on the next public hearing agenda.
DIRECTOR'S ITEMS
The Acting Planning Director Adar reported staff would like some
direction from the Planning Commission regarding Leposavic on
Sperry Lane, stating staff could not say the visual impact will be
eliminated with a reduction in height but it will help. She
presented pictures to the Commission for review.
It was the general. consensus of the Planning Commission that
reducing the height by 2 ft. would be appropriate, but indicated
they would like the height poles left up to allow them to view the
site before the next land use meeting. Acting Planning Director
Adar indicated staff would notify all neighbors within 500 ft. of
the proposed site.
Commissioner Favero expressed concern that the public is not being
properly notified of hearings. Commissioner Bogosian noted that
the public will be notified of the EIR through notices in the
newspaper. Commissioner Caldwell suggested that staff remind the
Commission prior to the next Wong hearing to determine whether
extra advertising is advisable.
City Manager Harry Peacock gave a status report on the hiring of a
new Planning Director, stating the filing deadline is set for
December 2, 1991 and he hopes to have someone on board by the first
19
,~ Planning Commissio~inutes
~; 10/23/91
of February, 1992. Mr. Peacock indicated it would be helpful if
the Commissioners would jot down the type of person the City should
be looking for. He further noted that a supplemental questionnaire
will be completed by some of the applicants, and asked the
Commissioners to submit any questions they feel should be asked of
these applicants.
COMMISSION ITEMS
Commissioner Caldwell addressed the matter of authority to make
decisions where property can't support tree requirements,
indicating she is interested in getting information and analysis
back on what can be done in the future. Mr. Peacock responded the
City would have to look into AB1600 as the funds would have to go
into a separate fund/account and an enabling resolution defining
uses of that fund would have to be adopted to lay out specifics.
Commissioner Caldwell asked when the Commission could hear back on
this and Mr. Peacock responded it would be appropriate for the
Planning Commission to send a note to the City Council requesting
that staff look into this and that the Planning Commission may be
sending this to the City Council for consideration. Commissioner
Caldwell stated she would like to see what the options are and then
decide.
It was the consensus of the Commission to send the suggested memo
to the City Council.
City Manager Harry Peacock reported the City Council plans to meet
with the Planning Commission on a quarterly basis and next month
the City Council will adopt the master meeting schedule for 1992.
Commissioner Caldwell asked who the Commissioners would give items
they would like to see on the agendas and Mr. Peacock responded the
requests could be given to him. Commissioner Caldwell reminded
staff she requested the riparian issue discussed.
COMMUNICATIONS
Written
1. City Council Minutes - 10/2/91
Oral
City Council
ADJOURNMENT
The Planning Commission adjourned at 12:00 a.m.
20