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HomeMy WebLinkAbout12-11-1991 Planning Commission MinutesCI'3~3F SARATOGA PLANNING COMM~ION MINUTES DATE: December 11, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Ave. TYPE: Regular Meeting ---------------------------------------------------------------- Roll Call Chair Moran called the meeting to order at 7:35 p.m. Present: Chair Moran and Commissioners Forbes, Durket and Bogosian Absent: Commissioners Caldwell, Tucker and Favero. Planning Director Eisner announced he had received calls from Commissioners Caldwell and Favero regarding their absences at this meeting and Chair Moran reported that Commissioner Tucker's was an excused absence. Pledge of Allegiance Minutes - 11/13/91 Chair Moran noted that on page 4, last paragraph regarding Boisseranc, Tucker should be added after Commissioner; page 5, regarding Dividend Development, please clarify whether there are 21, 23 or 17 patio homes; page 7, first sentence, Andrew Bai1y should be Beverett; page 7, seventh paragraph from the bottom, regarding Dividend Development, it should read "Chair Moran asked if any operators had expressed interest in the project now that it is proposed at three-stories rather than two-stories and Mr. Oliver responded that they have not."; page 10, third paragraph, second line should read "proposed parking pad near the garage" rather than the house pad. MOTION to approve the minutes as amended. M/S Forbes/Bogosian Ayes 3 Noes 0 Absent 3 Abstain 1 (Durket) 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.) Chair Moran invited members of the audience to address the Commission on any item not on the agenda. Bert Martel, Fruitvale Avenue, read December 11, 1991 letter, regarding the circulation element, into the record, adding he would like a copy of the stadium study when it is completed. Commissioner Bogosian asked that the letter be formally entered into the record. 1 REPORT OF POSTING~ENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 6, 1991. Technical Corrections to Packet There were no technical corrections. 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-91-026 - 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 (item removed from agenda; 11/13/91 tie vote accepted as .denial and appealed to City Council). -------------------------------------------------------- 2. 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 (cont. f+wm 9/25/91; withdrawn by applicant). 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). 3. SD-88-005.2 - DiManto, Madrone Hill/Peach Hill Rd., request for extension on an approved 5-lot subdivision in the HC-RD and R-1-40,000 zone districts per Chapter 14 of the City Code. Planning Director Eisner presented the staff report, reviewing the history of this item. He reported that the map was submitted in October of 1988 and approved as the tentative map and that a map is good for 24 months and is subject to renewal in one year increments to a maximum of 48 months. He reported it is his assumption that the renewal of a time extension on a tentative map is discretionary on the part of the Planning Commission. Mr. Eisner further reported that a time extension was granted in November of 1990 and the applicant has again submitted a request for another one year time extension and if the request is granted, the map will have one more year before reaching its total life of 48 months. Mr. Eisner stated that in reviewing the tentative map, the most obvious of issues was that the 1989 earthquake brought with it recognition that faults do play a role in determining land use and that at the time this map was originally submitted to the Commission, there was Planning Commissi~Minutes 12/11/91 an awareness that there is a fault located on the property as well as landslides, and that a good deal of cut and fill would have to be done and that some areas would have to be avoided or worked around. Since the 1989 earthquake, a different view has been taken. Mr. Eisner stated that in writing the recommendation for a denial of this time extension, in no way is staff recommending that this be viewed as a way of denying reasonable use of the property. He stated staff has met with the applicant and the applicant's engineering design representatives to relate to them how staff feels this map can be modified to create a situation which presents environmental as well as economic equity. The applicant is aware that a revised map will fall within the guidelines approved by the Planning Commission. Planning Director Eisner stated that staff would recommend that any action taken by the Commission be taken without prejudice so that the map can be resubmitted with a net result that the City has a project that has less cut, less fill, and a roadway system which has less of an environmental impact. Planning Director Eisner further reported that 4 of the 5 lots meet the criteria of the new design ordinance and the fifth lot could be made to be in conformance. He stated that staff is recommending that the request for extension of the map be denied and staff be directed to work with the applicant and the applicants engineers and come back to the Planning Commission with a revised map that addresses the concerns of the City Engineer and the Planners. Commissioner Forbes stated that at the site visit he was told that the City has demanded there be access to the Peach Hill Rd. Planning Director Eisner responded that there are two roads off of Peach Hill Rd. as well as a road that comes up from the south end of the map. He stated one of staff's concerns is the amount of fill needed to get a roadway to serve those lots, and one option is to take a lot off of Peach Hill and have the roadway that comes from the other end extended. This would minimize the impact on Peach Hill Rd. Commissioner Forbes reported he understood that one of the faults runs through the proposed access to Peach Hill from the subdivision and wonders if there was no access from Peach Hill would this eliminate some of the problem. Planning Director Eisner stated he felt it would be premature to answer that question at this time, since discussions with the applicant have been on a theoretical basis. Commissioner Bogosian stated he understood that there was already a legal access established. Mr. Eisner responded that the question is whether or not the street should be extended to provide access to any other properties and if the subdivision is redesigned in somewhat the same configuration, there will be access to Peach Hill Rd. Commissioner Bogosian expressed concern that the alternatives were not presented to the Planning Commission prior to this meeting. Planning Director Eisner responded that it was not staff's place to redesign the subdivision; the City Engineer is meeting with the applicant on an ongoing basis; and there were no design 3 Planning Commissi~Minutes 12/11/91 alternatives to present to the Commission. He stated that as staff progresses with the design map, changes will be shared with the Commission and eventually the Commission will have to examine the old map and decide whether or not they can make findings as to whether or not it is reasonable to extend the life of the map or move in another direction. The City Attorney stated that a time extension is a discretionary action, the Commission does have the ability to say no. Any time we say no to a permit, we need to have findings to base the denial on. In the case of a time extension on a tentative map, the City has already said its okay to proceed with the subdivision but we want to review this again in a given time if not completed. If there have been significantly changed conditions when the map comes back, then those concerns can be reflected in detailed findings that may be the basis to deny a time extension. She stated that if the Planning Commission goes forward with a recommendation to deny the time extension, that decision must be supported by strong factual findings. Chair Moran asked for more information regarding the grading issue. Planning Director Eisner responded that the City Council has recently adopted a new set of design standards and the question is whether the map, as adopted, would meet those standards, particularly as regards the roadway coming off of Peach Hill. In discussions with the City Engineer there was some agreement that a different approach would be taken that would require far less fill to get the roadway in on Peach Hill Rd. Commissioner Bogosian noted that the fault line wanders throughout the entire parcel and asked what difference, in terms of safety, it will make if the crossing is on the north or south end of the property. The City Engineer responded that with respect to the fault the principle concern would be how many lots would have to access from the road that would have to cross the fault and presently the Peach Hill access would serve two lots. The Madrone Hill access does not presently cross the fault and the question is whether it can be configured in such a way that it would avoid the fault. Mr. Perlin stated his concern is with the appropriateness of carving an access road from Peach Hill into the property in order access the development and he doesn't believe this issue was given property attention in the past due to lack of knowledge as to how this development was going to take shape. Mr. Pearly reported he has been meeting with the subdivider and his engineers and significant changes have been made, adding that what is being proposed now is superior to what was originally proposed. However, he is not convinced that this is the most appropriate way for this property to be developed. If there is an opportunity to further discuss this it should be taken in order to get the best plan we can for development. Commissioner Bogosian stated that in order to feel comfortable in denying this extension, he would have to see something that would suggest that the public health would be endangered by this proposed 4 Planning Commissi~Minutes 12/11/91 plan. Chair Moran asked City Engineer Pearly how the design could be made more appropriate in his opinion. Mr. Pearly responded that there appears to be a possibility to get access into this property from Madrone Hill direction only, but they have not pursued how this may be done. There may a possibility of utilizing existing old roads on the property rather than creating new roadways. Chair Moran opened the public hearing at 8:22 p.m. Bill Heiss, applicant's civil engineer, reviewed the history of this project, noting it has been the most unusual project he has ever run into. Mr. Heiss stated that he and the applicant have been working on improving the plans with staff and had hoped he would not have to ask for a time extension but due to a series of problems has run out of time. Mr. Heiss stated that the fault zone and land slides did not move during the 1989 earthquake and the only area of concern is the stone wall which experienced some damage at the time of the quake. Mr. Heiss further reported he sees two concerns: (1) the length of the culdesac; and (2) five (5) lots on a minimum access road which is contrary to the City's ordinance of no more than four (4) lots on a minimum access road. Mr. Heiss stated he feels they have proceeded in good faith to meet the City's conditions; it took longer than planned but they would like to be allowed to proceed. John DiManto, applicant, gave a history of this matter stating the length of the road has been a concern at all times and he feels there are no problems that cannot be mitigated with the present design proposal and the "stitch" design proposed for the stone wall. Commissioner Bogosian asked if the stitch construction would withstand an 8.2 quake and still maintain its integrity and Mr. Heiss responded it was designed with seismic loading considered but was not sure what seismic event was used. Planning Director Eisner asked Mr. Heiss how much reduction in grading and how many fewer trees would be lost following the extended alignment. Mr. Heiss responded he did not have that information but it would be less in both cases. Mr. Eisner asked Mr. Heiss to give the Commission an estimate as to whether the visual impact of the required walls along that route would be equal or lesser in substance. Mr. Heiss responded that the walls would be equally or a little more visible on the interconnecting route. Mr. Eisner asked if Mr. Heiss would describe the areas identified on lots 4 and 5 as being relatively consistent with the area that is subject to a slide. Mr. Heiss reported the information on lot 5 is more detailed than lot 4, but the slide on lot 5 is older and it would appear that the slide on lot 5 is somewhat larger. He added that it is his feeling that the slide on lot 4 is probably more prone to being active than the slide on lot 5. 5 Planning Commissi~Minutes 12/11/91 • MOTION to close the public hearing at 9:00 p.m. M/S Durket/Bogosian Ayes 4 Noes 0 Absent 3 MOTION to deny according to staff recommendation and amend the resolution as follows: (1) Page:i, under A, correct language to read in the second sentence "fault also crosses the proposed Peach Hill access road. Since the last time extension a greater awareness of a threat of such a fault as to health and safety of the community has surfaced."; (2) under subdivision B, amend second sentence as 1; insert "being a significant slide which underlies the Peach Hill access road"; (3) under C, amend to read "Geologic instability on the subject parcel, issues of access, internal circulation design and earth removal also raise concerns of health, safety and welfare...", (4) amend D as follows: add a second sentence to state "Specifically,. grading and tree preservation standards have been changed to preserve the integrity of the hillside and to insure the public health, safety and welfare." M/S Durket/Moran Chair Moran stated she has to defer to the suggestions of staff in this matter. Commissioner Bogosian stated he is unable to find anything related to health, safety and welfare and just adding the wording to the resolution is not satisfactory and he would not be voting for the resolution to deny. Chair Moran stated that as she understands it, now is the appropriate time to consider specific health, safety and welfare issues and lack of consideration previously is not enough. Planning Director Eisner responded that the Commission needs to have findings and they need to be anchored on specific issues but it is his opinion that they do not have to be anchored only on health, safety and welfare issues. The City Attorney stated that to deny based on health, safety and welfare issues so long as those issues have been demonstrated, the decision would be upheld. To base a decision on other findings makes the decision riskier. Policy changes would not be the strongest ground to deny a project that has already been approved and is in an extension period. Chair Moran asked if the grading issues can be considered to be health, safety and welfare concerns. The City Attorney responded this has certainly been suggested by the City Engineers comments this evening, and it may be helpful to get more information from the City Engineer as to what makes this a more desirable plan. Planning Director Eisner stated he was in agreement, but would add that it is equally significant that the applicant's engineer indicated that there appears to be the ability to redesign the project in another configuration that would require less grading and would disturb fewer ordinance size trees. While this may not be a specific health, safety and welfare issue, it certainly does 6 Planning CommissiiMinutes 12/11/91 address the issue of change of policy. Chair Moran stated she was much impressed that the issue of the road had not been given attention previously and that health, safety and welfare issues are not strongly involved in the concerns raise by staff. She stated she would be voting against the motion and withdrew her second. Motion failed for lack of another second. MOTION to direct staff to prepare a resolution to approve a one year extension to the tentative map for SD-88-005.2. M/S Bogosian/Forties Ayes 3 Noes 1 (Durket) Absent 3 Chair Moran called a recess at 9:13 p.m. The Planning Commission reconvened at 9:27 p.m. Chair Moran announced that she had been informed by staff that the Commission may be well advised to consider reconsidering the previous item for purposes of elaborating on the resolution that staff has been asked to prepare. Planning Director Eisner explained that the resolution should contain findings and staff has pulled finding together for the Commissions consideration to avoid having to come back to the Commission at a future date. Commissioner Bogosian stated he would like to reconsider for that purpose. Commissioner Forbes also agreed. Planning Director Eisner stated that the motion was to approve a one year extension to allow the map to run the full 48 months with the following findings: (1) The proposed map is consistent with the General Plan and any applicable specific plans; (2) That the design of the proposed subdivision is consistent with the General Plan and any applicable specific plans; (3) That the site is physically suitable for the type of development proposed; (4) That the site is physically suitable for the proposed density of the development; (5) That the design of the subdivision is not likely to cause substantial environmental damage or substantially to avoidably injure fish or wildlife or their habitat; (6) That the design of the subdivision is not likely to cause serious public health or safety problems; (7) That the design of the subdivision will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision; and (8) The discharge of waste from the proposed subdivision to an existing community sewer system would not result in violation of existing requirements prescribed by the Quality Control Board pursuant to Division 7, commencing with Section 13000 of the State Water Code. Mr. Eisner added "Now, therefore, the Planning Commission of the City of Saratoga does hereby resolve as follows: The requested time extension of tentative map (fill in the number) is hereby approved." 7 Planning Commissi•Minutes 12/11/91 The City Attorney stated that the Planning Director read from an extension approved last year; typically these are findings made when a tentative map is approved. This is an attempt to close this issue rather than prolong the matter. Staff could be directed to draw up a resolution, findings can be made at a hearing and plans can be drawn up. MOTION to approve the motion as read into the record by the Planning Director. M/S Bogosian/Forbes Ayes 3 Noes 1 (Durket) Absent 3 Chair Moran announced to the audience that if anyone wanted their item continued to the next meeting of the Planning Commission now was the appropriate time to make that request. There was no response. PUBLIC HEARINGS, cont. 4. UP-550 - Desert Petroleum, 12600 Saratoga Ave., review of compliance with existing use permit conditions which allows the operation of a gasoline service station in the R-M-5,000 P.C. zone district per Chapter 15 of the City Code (cont. from 11/13/91). Planner Kermoyan presented the staff report, stating that staff has found no non-conformance related to the hours of operation or the delivery of gasoline. He further stated that staff recommends that the design review portion of this matter be heard at the January 8, 1992 meeting of the Planning Commission. Planner Kermoyan noted there were two modifications to the use permit resolution: (1) Condition #1 of the resolution should be modified to read as follows: "The use permit shall be reviewed by the Planning Commission on a yearly basis to insure compliance with all the use permit conditions for a period of two years; prior to the expiration of the use permit on January 15, 1994, the use permit shall be reviewed by the Planning Commission to determine if this use should be allowed to continue. It is the applicant/owners responsibility to apply for the application in a timely manner." (2) An addition to the resolution: "This resolution will supersede all previous use permit resolutions." Chair Moran asked if this language covers deliveries that might be started prior to the closing hour and completed after the closing hour. Planner Kermoyan responded that the condition indicates that all deliveries shall be made within the hours of operation and he would therefore conclude that the ending of the delivery shall be within the closing of the business. Chair Moran noted that the 1984 use permit required review after five (5) years and asked staff to report on that. Planner Kermoyan 8 Planning Commissi•Minutes 12/11/91 responded that his research was unable to find any application or staff report regarding the compliance within that fifth year. It was noted that this could have been a status report by the Planning Director that there has been no violation of the use permits and it may not have gotten into the file. Chair Moran asked how to make sure that a review is made and Planner Kermoyan stated that the responsibility is placed on the applicant to check in every year until 1994. Commissioner Bogosian asked how many complaints would have to be received before the Planning Commission would hear this matter and consider revocation. Planner Kermoyan responded that one complaint would trigger action and the Planning Director would make the decision as to how to proceed. Planning Director Eisner stated that it would be the Planning Directors discretionary decision as to whether to bring the matter to the Planning Commission or not - only the Planning Commission can begin revocation proceedings. Chair Moran opened the public hearing at 9:45 p.m. Kenneth Shidig, representing the applicant, addressed the Planning Commission, stating he was in agreement with the staff report that there have been no violations of the use permit and only if there is substantial evidence of violations is there a right to revoke the use permit. Mr. Shidig reported that his client has instructed his vendor that no deliveries are to occur except between 9:00 a.m. and 3:00 p.m., making all deliveries during daylight hours. Mr. Shidig further stated that he did not feel it was appropriate to hear testimony regarding the sign as the agenda does not reflect that that is the case and with three Planning Commissioners absent there may be some repetition of signage testimony at the next hearing. He added that his client does not object to the modifications with respect to the delivery of gasoline. Mr. Shidig expressed concerns over the condition of annual review, but stated his client will comply in the interest of being a good neighbor. He also expressed the opinion that the landscaping at this site is quite remarkable, and is concerned with the landscaping condition proposed. Mr. Shidig further stated that he believed the January 15, 1994 date is incorrect, noting that a number of amendments to the resolution were made on January 25, 1984 and it is his understanding that the term would run from the last action of the Planning Commission. Commissioner Bogosian expressed concern with the possibility of changing suppliers from time to time and asked if the terms of delivery are written into the contract. Mr. Shidig stated that his client will make certain that all suppliers are made aware and it will be included in the contract. Commissioner Bogosian asked if the Planning Commission has the discretion to bring this matter back on a yearly basis and the City Attorney indicated that could be done. 9 Planning Commissi•Minutes 12/11/91 Jim Peck, 18875 Biarritz Ln., spoke against this use. expressing specific concern with garbage accumulating on the subject property. Resident of 18867 Biarritz Ln., expressed concern with the potential increase in business creating more traffic at the subject property if the sign is approved. Richard Julians, 12537 Saratoga Ave., expressed concern with the non-conforming entity, noting it is located in a residential community. Jerry Hanney, 18859 Biarritz Ln., spoke against this matter, stating that maintenance could be kept at a higher level. Mr. Shidig stated that he and his client had visited the site earlier today and did not see any trash but his client will police the property as much as possible to see that this does not become a problem in the future. Mr. Shidig expressed concern with new conditions being imposed, stating that conditions can be changed at any time in the future for any .applicant. He stated that his client is aware this is a nonconforming use but that will be dealt with in 1994. Chair Moran asked if landscaping would be installed and Mr. Shidig responded that his client will be replacing shrubs that died in last years frost and anything else would depend on what the Planning Commission wants. MOTION to close the public hearing at 10:30 p.m. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 MOTION to consider revoking the use permit. M/S Forbes/Durket Commissioner Bogosian stated he would like to support staffs recommendations, especially those concerning delivery, and he supports the idea of landscaping. He further stated he would have to see more evidence of noncompliance before revoking the use permit and he felt staff's recommendations adequately address concerns. Commissioner Durket suggested adding to condition #5 of the resolution "All gasoline deliveries shall be made and completed..." Chair Moran expressed agreement and suggested specifying 9:00 a.m. to 3:00 p.m. in terms of establishing gasoline deliveries. Commissioner Forbes stated he believed violations have taken place. CALL FOR THE QUESTION Ayes 1 (Forbes) Noes 3 Absent 3 MOTION to adopt UP-550.1 as amended with the language and completed 10 Planning Commissi• Minutes 12/11/91 and restrict delivery hours from 9:00 a.m. - 3:00 p.m. (amending #5 of the resolution). M/S Durket/Bogosian Ayes 3 Noes 1 (Forbes) Absent 3 Chair Moran noted that the sign issue will be heard at the January 8, 1992 meeting of the Planning Commission. Chair Moran announced that the applicant for Item #12, SD-91-004, Wirnowski, requested a continuance to the next regular meeting of the Planning Commission and invited members of the audience who wished to address this matter to speak. There were no requests. MOTION to continue SD-91-004 to the January 8, 1992 meeting. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 ------------------------------------------------------------ 5. DR-91-035 - Chen, 12505 Crayside Ln., Lot #18, request for design review approval to construct a new 5,511 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 11/13/91; application expires 2/8/92). Commissioner Durket noted he had intended to abstain from discussion on this matter because he was not at the last meeting, but was informed that his stepping down would create a lack of a quorum, and therefore suggested continuing this matter to another meeting. MOTION to continue DR-91-035. M/S Forbes/Bogosian Ayes 4 Noes 0 Absent 3 6. SM-91-007 - Hancock, 20410 Montalvo Oaks P1., request for site modification to previously approved plans for an existing residence in order to construct a pool, spa, arbor, decks and sitting areas in the rear yard area, per Chapter 15 of the City Code. The parcel is located within the R-1-20,000 zone district (cont. from 11/13/91). Planner Walgren presented the staff report. Planner Walgren noted that a new condition #8 should be inserted: "All tree preservation recommendations outline the City Arborist report dated September 30, 1991, shall apply." Following #8 there would be a new discretionary condition #9 stating: "All exterior pathway lighting shall be located at ground level and screened from neighboring properties." Existing #'s 8 & 9 would become #'s 10 & 11. 11 Planning Commissi• Minutes • 12/11/91 Chair Moran opened the public hearing Jim Waterbahm, landscape architect, questions the Commission may have. MOTION to close the public hearing at M/S Durket/Forbes Ayes 4 Noes 0 MOTION to approve SM-91-007 with moc staff. at 10:47 p.m. was present to answer any 10:48 p.m. Absent 3 iifications as suggested by M/S Durket/Forbes Ayes 4 Noes 0 Absent 3 7. DR-91-052 - Hu, 12370 Ted Ave., request to demolish an existing residence in order to construct a new 3,369 sq. ft. one-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. . from 10/23/91 & 11/13/91). Planner Kermoyan presented the staff report. Chair Moran asked if there are any architectural features that will offer any relief from the massiveness of the side of the house along Seagull and Planner Kermoyan responded this lot is considered a corner lot and the existing fence on that side will screen the house from the street and it will not be visible. Chair Moran opened the public hearing at 10:54 p.m. Mr. Hu, owner 12370 Ted Ave., addressed the Commission stating he plans to demolish the existing old home and build a single story home that he feels is compatible with the neighborhood. MOTION to close the public hearing at 10:55 p.m M/S Forbes/Durket Ayes 4 Noes 0 Absent 3 MOTION to approve DR-91-052. M/S Durket/Bogosian Ayes 4 Noes 0 Absent 3 8. DR-91-037 - Chao, 21894 Villa Oaks Ln., request to construct a new 5,845 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. from 10/23/91 & 11/13/91). Planner Kermoyan presented the staff report. 12 Planning Commissi• Minutes • 12/11/91 Commissioner Durket asked if alternatives to the tower approach were considered and Planner Kermoyan responded they were not, staff looked at the design in terms of ,compatibility with the house to the east. Chair Moran opened the public hearing at 10:58 p.m. Alex Lisabahn, designer, addressed the Commission, stating they feel the house is compatible with the neighborhood. MOTION to close the public hearing at 11:00 p.m. M/S Forbes/Bogosian Ayes 4 Noes 0 Absent 3 Commissioner Durket stated he would not be supporting the application as presented as he feels the tower presents too much mass and the color is too light for the hillside area. He stated he would like to see at least some of the arch features reduced if not eliminated, and the driveway is not appropriate for the hillside. Commissioner Bogosian concurred with Commissioner Durket's comments on the driveway and the color of the home, but was satisfied with the height of the building. Commissioner Durket pointed out on the map what he felt to be the unnecessary portion of the driveway Commissioner Forbes stated he did not like the tower and felt the color was too bright; he would like the retaining wall cribbed and the circular element of the driveway should be eliminated. Chair Moran stated she would like to see the driveway reduced by half and the color should be darker, but she had no objection to the proposed tower design. MOTION to deny DR-91-037 without prejudice. M/S Forbes/Durket Commissioner Durket addressed the applicant, clarifying that the concerns are with the driveway, the tower and the color of the home, adding that the two towers at the front elevation make it too bulky and massive. Commissioner Bogosian stated he would be uncomfortable with the project going forward and if it were withdrawn, it could be continued to a public hearing with instructions to the applicant to work on those items of concern to the Commission. Commissioners Forbes and Durket indicated they would be agreeable to continuing the item. Chair Moran suggested trying to set the house back into the slope 13 Planning Commissi•Minutes • 12/11/91 to alleviate mass. MOTION to continue DR-91-037 to January 8, 1992. M/S Durket/Forbes Ayes 4 Noes 0 Absent 3 Chair Moran announced that if any applicant in the audience would like to have their item continued to the next meeting now would be the appropriate time to do so. It was requested that Item #13 be continued. MOTION to continue LL-91-005, GPA=91-002 and AZO-91-004 to January 8, 1992. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 -------------------------------------------------------------- 9. DR-91-013 - West, 14801 Andrew Ct., request to construct a 4,871 sq. ft. one-story residence on a 37,252 sq. ft. parcel per Chapter 15 of the City Code. The property is located within the R-1- 40,000 zone district. Planner Kermoyan presented the staff report. Commissioner Durket asked if any correspondence had been received from the neighbors at the study session. Planner Kermoyan indicated none had been received. Chair Moran opened the public hearing at 11:16 p.m. Tom Sloane, architect, reported meeting with neighbors, that he has been able to address the concerns in a non-public forum, and the project has been scaled down. MOTION to close the public hearing at 11:19 p.m. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 MOTION to approve DR-91-013 with.the elimination of the circular driveway and retention of the existing access to the garage. M/S Bogosian/Forbes Commissioner Bogosian stated that the current plan is a tremendous improvement but he still felt that given the physical location of the lot, the circular driveway gives a massive feeling. He stated that a driveway into the building would draw less attention and be more compatible with the neighborhood. CALL FOR THE QUESTION Ayes 4 Noes 0 Absent 3 ------------------------------------------------------------- 10. DR-89-047.1 - Saratoga Country Club, 21990 Prospect Rd., 14 Planning Commissi• Minutes • 12/11/91 request for a one-year extension to a design review approval to construct a pro-shop and cart barn and to remodel an existing clubhouse on the grounds of the Saratoga Country Club per Chapter 15 of the City Code. The subject property is located within the Northwestern Hillside Residential (NHR) zone district. Planner Walgren presented the staff report. Chair Moran opened the public hearing at 11:24 p.m. Elizabeth Van de Tooren, President Saratoga Country Club, addressed the Commission brought the Commission up to date on the work done to the facility. Chair Moran questioned the expiration date of August, 1991, and Ms. Van de Tooren responded that they had applied in July but the application was just coming to the Planning Commission. MOTION to close the public hearing at 11:26 p.m. MOTION to approve the time extension as per the resolution. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 ----------------------------=----------------------------- 11. DR-91-054 - Houston, 14810 Sobey Rd., request for design review approval to construct a new one-story 6,780 sq. ft. residence on a 1.6 acre parcel within the R-1-40,000 zone district per Chapter 15 of.the City Code. Planner Walgren presented the staff report, noting that one of the conditions in the resolution will be that no building permits be issued until the applicant has final map approved by the City Council and been officially recorded. A critical aspect of the review of this development has been the preservation of the willow grove near the back of the property and the preservation of the drainage and riparian habitat in general. The City Arborist has visited the site several times and his report is included in the Commission's packets. Staff feels findings can be made with the modification of condition #16 of the resolution as follows: "Final approval and recordation of tentative map SD-90-O1i shall occur prior to issuance of a zone clearance for this development." Chair Moran clarified that there is no gate included in the present proposal and Planner Walgren confirmed that that was the case. Chair Moran opened the public hearing at 11:29 p.m. Jerry Houston, applicant, addressed the Commission regarding the landscape plan noting that what is before the Commission is a conceptual plan as he would like to make sure he is able to bond or 15 Planning Commissi• Minutes • 12/11/91 do whatever is needed at the time. Mr. Houston also reported that he had taken the plans to adjacent neighbors and none of them have any objections. Commissioner Durket asked if there is some necessity to the proposed driveway and Mr. Houston responded that there is no parking on the road going back to the flag lot at the request of the Fire Department and parking on Soeby Road is very limited. The proposed driveway allows for additional parking. Chair Moran asked if he would be opposed to changing the back element to match if he changes the other and Mr. Houston he's willing to work with staff. Mr. Heinz, architect, stated he feels this is compatible with the neighborhood in the Moorish, Spanish Mediterranean style. Chair Moran closed the public hearing at 11:37 p.m. MOTION to approve DR-91-054 with two amendments: (1) elimination of the circular driveway; (2) Condition #10 regarding the City Arborist report: "No clearing activity take place within 20 feet of the willow grove." M/S Bogosian/Durket Chair Moran asked how this would differ from the Arborist's report, and Commissioner Bogosian responded that it would preserve everything within the existing grove and the Arborist's report proposes going into the grove and selectively cut and use pesticides under the supervision .of the Arborist. His proposal would leave everything essentially as it is today. Commissioner Forbes stated that 'we are getting down to a few riparian areas in Saratoga and he would like to see them maintained as is. Mr. Houston noted that the tentative map was approved by the Arborist; the grove contains small saplings and poison oak and the water is further into the grove. Chair Moran asked if Mr. Bogosian's motion included a construction period fence and he responded that was correct. Commissioner Bogosian added that he feels this grove may turn out to be a very valuable habitat and feels it is a critical water area and shelter for birds. Chair Moran stated she feels the applicant should be allowed to clear the poison oak and brush from the willow grove. CALL FOR THE QUESTION Ayes 4 Noes 0 Absent 3 16 Planning Commissi~ Minutes • 12/11/91 12. SD-91-004 - Wirnowski, 20140 Mendelsohn Ln., request for tentative map approval to subdivide a 40,920 sq. ft. site located within the R-1-20,000 zone district into two new parcels of 20,000 sq. ft. (parcel A) and 20,920 sq. ft. (parcel B), pursuant to Chapter 14 of the City Code. This minor land division has been determined to be categorically exempt from environmental review per the California Environmental Quality Act (CEQA) guidelines. CONTINUED - ------------ 13. LL-91-005 - ------------------------------------------------- Head/Allison, 14684 Pike Rd., 20700 Saratoga Hills Rd., request for lot line adjustment approval to relocate an existing lot line per Chapter 14 of the City Code. The proposal involves amending the General Plan designation boundaries and rezoning portions of the parcels involved from R-1-40,000 to Northwestern Hillside Residential (NHR) to conform with the revised property lines. An environmental Negative Declaration has been prepared. CONTINUED ----------------------------=-------------------------------- 14. SUP-91-006 - Sieber, 13505 Myren Dr., request for use permit approval to allow an attached 775 sq. ft. second unit on a 12,290 sq. ft. parcel per Chapter 15 of the City Code. The property is located within the R-1-10,000 zone district. MOTION to continue SUP-91-006. M/S Bogosian/Forbes Ayes 4 ~ Noes 0 Absent 3 ** 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 1. DR-91-025 - Leposavic, 15134 Sperry Lane, a discussion of visual impact for an approved project (cont. from 11/13/91). Planning Director Eisner reviewed background on this matter, noting that the project was previously approved but as it was built it is slightly lower than approved and constitutes a change in the approved site plan. The lowering of the project has changed the pitch down the driveway, but in staff's opinion it has improved the visual continuity of the site. 2. Discussion of grading accident at Saratoga Country Club. 17 ," Planning/Commissi~ Minutes • 12/11/91 Planner Walgren reviewed memo relating accident that took place causing the loss of a 12" DBH Coast Live Oak. The City Arborist has assessed a replacement value of either three additional 24" box trees or one 36" box native oak for replacement. Planner Walgren stated that staff recommends that this be viewed as an information item and staff will handle administratively. Planner Walgren addressed Planning Commission public hearing and study session meeting attendance, noting it has been suggested that perhaps if Commissioners don't contact secretarial staff the day prior to a meeting it will be anticipated that they will be in attendance. Chair Moran stated that having one central place to call so that all Commissioners talk to just one person. It was determined that Commissioners would attempt to call Diane on the Planning staff if they are unable to attend a meeting. COMMISSION ITEMS COMMUNICATIONS Written 1. City Council Minutes - November 26 & 20 Oral City Council MOTION to adjourn the meeting at 11:59 p.m. M/S Durket/Forbes Ayes 4 Noes 0 Absent 3 18