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HomeMy WebLinkAbout01-22-1992 Planning Commission minutes~'" - ` `~` CITY SARATOGA PLANNING COMMI LION MINUTES January 22 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting ------------------------------------------------------------------------------------------------ The meeting was called to order by Chairperson Moran at 7:33 p.m. ROLL CALL Present: Chairperson Moran, Commissioners Forbes, Tucker, Bogosian and Durket (Commissioner Durket arrived at 7:36 as noted) Absent: Commissioners Caldwell and Favero PLEDGE OF ALLEGIANCE Commissioner Durket arrived at 7:36 p.m. MINUTES Minutes of December 11, 1991 Commissioner Bogosian noted that on page 4, paragraph 3, first sentence, Bogosian should be added after Commissioner. He also requested that the typographical error in the same paragraph be corrected to read Mr. Perlin instead of Mr. Pearly. FORBES/BOGOSIAN MOVED TO APPROVE THE MINUTES OF DECEMBER 11, 1991, AS AMENDED. Passed 4-0 (Commissioner Tucker abstained). Minutes of January 8, 1991 Commissioner Tucker noted the following corrections: Page 6, third to the last paragraph, first sentence should read "Chairperson Moran said she would like to have it known what the Commission is hoping to achieve at the outset." Page 7, third to the last paragraph, should read: "Commissioner Tucker said when we take design review and do it at the subdivision level it is unfair to the applicant and to the neighbors, unless we have specific concerns that can be mitiaated by such actions otherwise to do so ties the applicants hands and eliminates possible desirable options. Plannin Commission Mites 9 Meeting of January 22, 1992 Page Two Page 8, fourth paragraph from the top, should read: "Commissioner Tucker announced she would be voting against the proposals as she desired further review before unduly placing restrictions on applicants that may result in a less desirable outcome. Moreover, concern over the issues raised can be solved during design review." Page 18, second paragraph from the top of the page, third line should read: "Commissioner Tucker gets the impression that the yellow line is meeting all setbacks that are required by the R1-10 zone, taking into consideration that this is a substandard lot, The City looks at substandard lots differently and makes adjustments in setback calculations." Commissioner Bogosian had the following corrections: Page 7, last paragraph, the wording "and in response to Commissioner Tucker's concerns as well." should be deleted. Page 17, second paragraph, last sentence should read: "He would move toward the staff's #3." Page 21, fourth paragraph first sentence should read: "Commissioner Bogosian said we are talking about a variance, but we are talking also of design review." Page 24, sixth paragraph, last word should be hearin~C s instead of hear. City Attorney had the following correction: Page 12, second paragraph from the top of the page, third line should read: "...it also runs with the land, it does not cease upon sale of the property..." TUCKER/FORGES MOVED APPROVAL OF THE MINUTES OF JANUARY 8, 1991 AS AMENDED. Passed 5-0 ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 16, 1992. Plannin Commission M~tes 9 Meeting of January 22, 1992 Page Three Technical Corrections to Packet Planner Walgren reported that the staff had received, from the applicants, requests for continuances of: DR-91-033 & SD-91-003 - Cocciardi - 22631 Mt. Eden Road; and DR-91-064 & V-91-017 - Kinnier - 14706 6th Street. Planning Director Eisner reported that he had received requests from members of the Commission for continuances of: CITY OF SARATOGA -AMENDMENT TO SECTION 15-35.040 -Design standards for off-street parking facilities; CITY OF SARATOGA -MISCELLANEOUS AMENDMENTS TO ORDINANCE 72- 99, an ordinance of the city of saratoga amending various sections of the zoning regulations concerning subdivisions of sites, design review, impervious coverage, setbacks and grading in the residential and agricultural districts; and CITY OF SARATOGA -AMENDMENT TO THE FENCE ORDINANCE, ARTICLE 15-29, related to Heritage Lanes. PUBLIC HEARING CONSENT CALENDAR 1. CITY OF SARATOGA -AMENDMENT TO SECTION 15-35.040 -Design standards for off-street parking facilities. (Continued to the March 3, 1992 Regularly Adjourned Meeting and the public hearing will be opened.) 2. CITY OF SARATOGA -MISCELLANEOUS AMENDMENTS TO ORDINANCE 72- 99, an ordinance of the City of Saratoga amending various sections of the zoning regulations concerning subdivisions of sites, design review, impervious coverage, setbacks and grading in the residential and agricultural districts. (Continued to the January 28, 1992, Regularly Adjourned Meeting, from 6:30 p.m. to 7:30 p.m. The previously scheduled Wong Draft EIR will begin promptly at 7:30 p.m. Dinner will be provided for the Commissioners.) 3. CITY OF SARATOGA -AMENDMENT TO THE FENCE ORDINANCE, ARTICLE 15-29, related to Heritage Lanes. (Continued to the March 3, 1991 Regularly Adjourned Meeting and the public hearing will be opened.) Planning Commission Mii'4tites • Meeting of January 22, 1992 Page Four 4. DR-91-033 & SD-91-003 - Cocciardi - 22631 Mt. Eden Road, request for design review and building site approval to remodel and expand an existing two-story residence with one and two-story additions. (Continued to the February 26, 1992, public hearing.) 5. DR-91-064 & V-91-017 - Kinnier, 14706 6th Street, request for design review approval to construct a new, two-story, 2,226 sq. ft., single family residence and a request for front side and rear yard setback variance approval. (Continued to the February 12, 1992, public hearing. BOGOSIAN/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. Passed 5- 0. Commissioner Tucker noted that the application for Item #4, DR-91-033/SD-91-003 - Cocciardi; 22631 Mt. Eden Road, expires February 8, 1992, and in order to grant continuance the application should be requested to file for an extension. Planner Walgren address Commissioner Tucker and stated that the applicant had already begun the extension process. The City Attorney suggested that the filing for an extension should be a condition of approval of the continuance. PUBLIC HEARINGS 6. UP-550.2 - Desert Petroleum; 12600 Saratoga Avenue, Request for use permit approval to modify the existing signage at a gasoline service station 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. from 1/8/92; application expires 3/3/92). Planner Walgren presented the Report dated January 22, 1992, to the Planning Commission. He stated that in Condition 3, the first sentence should read: "Prior to zone clearance, the applicant shall submit plans for Planning Director review and approval indicating external rather than internal illumination for the sign lighting.". He also noted that in Condition 6, the words "...and the corresponding reduction in sign width from 10' to approximately 8.4'." should be added to the sentence. Chairperson Moran asked for clarity regarding whether the 8.4' pertained to the signage or the cabinet and if there was a reduction in the total structure proposed. Planner Walgren stated that the 8.4' in Condition 6 pertained to the signage but the cabinet would also be reduced accordingly. Plannin Commission Mi~iutes 9 Meeting of January 22, 1992 Page Five Planner Walgren then included in Condition 6 that both the sign area and cabinet would be reduced accordingly. Chairperson Moran opened the public hearing at 7:59 p.m. Mr. Daniels, representing Desert Petroleum, addressed the Commission regarding the proposal and stated the applicant's preference for internal illumination for maintenance and safety reasons. Commission Bogosian asked Mr. Daniels if maximum 200 watts as specified in Condition 3 would be sufficient in that area. Mr. Daniels responded that he was unsure and in response to Commissioner Bogosian's question, Mr. Daniel stated that about 10% of the signs that he designs have external illumination. Mr. Daniels also addressed questions from Chairperson Moran and Commissioner Forbes regarding landscaping and the number of grades of gas to be posted on the proposed sign. Jerry Haney, 18859 Biarritz Lane, expressed concern regarding having a large gaudy sign placed at the site. He was in favor of the sign remaining the same size and blending with the landscaping. Mr. Daniels, representing the applicant, stated that the square footage of the proposed sign would be smaller than the existing sign. TUCKER/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 8:11 P.M. Passed 5-0. Commissioner Bogosian stated he could support the application, but was concerned whether 200 watts would be sufficient for safety in the particular area. Commissioner Tucker stated she could support the application with external illumination in consideration for the neighbors. Chairperson Moran stated that she could support the application with an amendment to Condition 4 that the sign shall not be illuminated during the hours that the gas station is closed and that the word internal be changed to external in section "d" of the resolution. The City Attorney noted in regard to Condition 4, the wording should state that the light should be turned off and remain off until opening the following business day. Planning Commission rtes • Meeting of January 22, 1992 Page Six Commissioner Tucker asked that Condition 1 be amended to read "The sign shall be located and constructed per stated changes in Exhibit A..." and Condition 3, a phrase should be incorporated to include continual monitoring of the lighting by Planning staff. BOGOSIAN/TUCKER MOVED TO APPROVE UP-550.2 WITH THE FOLLOWING MODIFICATIONS: CONDITION 1 SHOULD READ "...AND CONSTRUCTED PER CHANGES STATED IN EXHIBIT A..."; CONDITION 3 A PHRASE TO INCLUDE STAFF'S CONTINUAL MONITORING OF THE ILLUMINATION OF THE SIGN; CONDITION 4 TO STATE ALLOWABLE HOURS OF THE SIGN LIGHTING; CONDITION 6 ADDITION OF " AND THE CORRESPONDING REDUCTION IN SIGN AND CABINET WIDTH FROM 10 FEET TO 8.4 FEET."; AND SECTION (d) OF RESOLUTION UP-550.2 "INTERNAL" SHALL BE REPLACED WITH THE WORD "EXTERNAL". Passed 4-1 (Commissioner Forbes opposed) 7. V-91-014 - Persico; 14761 Bohlman Road, request for variance approval to extend an existing non-conforming building line within the front yard setback of a 13,400 sq. ft. parcel per Chapter 15 of the City Code. The request also involves the construction of a 6 ft. high fence within the exterior street side yard setbacks where a 3 ft. high fence is permitted. The property is located within the R-1- 10,000 zone district (cont. from 1/8/92; application expires 5/8/92). -------------------------------------------------------------------------------------------------------------------- Commissioner Bogosian excused himself from this item and stepped down from the dais. Planner Walgren presented the Report dated January 8, 1992, to the Commission. Chairperson Moran opened the public hearing at 8:25 p.m. Ray Persico, applicant, explained to the Planning Commission that extending building lines would improve the appearance of the building. He also requested, because of his lot's slope and in order to provide adequate screening, that a 6-foot fence be allowed to encroach on the front and exterior street side yard setback. FORBES/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:26 P.M. Passed 4-0. Commissioner Durket stated he could support approval of both the addition and the fence. DURKET MOVED APPROVAL OF V-91-0014 WITH AMENDMENTS TO THE FINDINGS TO INCORPORATE THE FENCE. The motion died for lack of a second. Planning Commission MTGtes • Meeting of January 22, 1992 Page Seven Commissioner Tucker stated she could support approval of the addition, but she could not make the findings to support approval of the fence. TUCKER/FORBES MOVED TO APPROVE V-91-014 IN REGARD TO THE ADDITION BUT NOT THE FENCE. Commissioner Forbes stated he also could not make the findings to support approval of the fence and added that the fence may possibly pose a traffic hazard. Commissioner Durket questioned staff as to whether they had concerns regarding traffic visibility problems as a result of the proposed fence. Planner Walgren explained that staff had taken the traffic safety issue into consideration, but after investigation staff was convinced that there would not be a traffic visibility problem. Commissioner Durket asked Commissioner Forbes if staff's reply had changed his mind about prohibiting the proposed fence. Commission Forbes maintained his position and stated he still believed that the fence may be a traffic safety hazard. Chairperson Moran restated the motion for approval of V-91-014 as per the staff report dated January 8, 1991. Commission Forbes clarified that the motion for approval was for the addition, not the fence. The motion carried 4-0. (Commissioner Bogosian abstained). Commission Bogosian rejoined the Commission at the dais. 8. SM-91-008 - McCormick, et al; Tollgate Rd./Quail Ridge Ct. and Deersprings Ct., request for site modification approval to allow the neighborhood residents to construct and maintain a private entrance gate within the McBain and Gibbs subdivision/NHR zone district. This application is being made at the discretion of the Planning Director for Planning Commission review and approval. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented to the Commission the Report dated January 22, 1992. The public hearing was opened as 8:25 p.m. Planning Commission Mil'TCates Meeting of January 22, 1992 Page Eight Bob McCormick, 21424 Tollgate Road, directed the Commission's attention to the petition signed by all 13 Tollgate Road property owners in favor of the application. He also spoke in reference to concerns of additional maintenance, liability issues, and peace of mind. Frank Saude, 14599 Deer Springs Court, spoke in support of the application and reported several specific incidents which prompted him to call the sheriff. Theresa Achbar, 21425 Tollgate Road, expressed support for the application and also spoke of various acts of trespassing and vandalism. Sandy Reed, 21417 Tollgate Road, spoke of the excessive traffic and the need for the proposed gate. Mrs. Santacnoce, property owner immediately below proposed gate site, spoke in favor of the application. Jim Huang, 14590 Deer Springs Court, expressed support for the application. He also spoke of excessive traffic and parking problems and of people wandering around the area at night. Bob Araldi, 21437 Tollgate Road, addressed the Commission in support of the project and cited various incidents. He also answered questions of the Commission in regard to the problems occurring in the neighborhood. Shawn Blum, 14598 Deer Springs Court, spoke in support of the project and expressed concern regarding the incidents reported by the previous speakers and their effect on street maintenance and property owner liability. Commission Tucker inquired as to the liability of the homeowners on the private road and if their liability differed from anyone else who resides on a private road. City Attorney stated that the liability is not different on Tollgate Road than on any other private road. Chairperson Moran asked of the legality to park or drive on a private road. The City Attorney explained that the answer would depend on the circumstances and document which created the private road. Planner Walgren explained that the road is much more clearly defined as a public road and that the road was built by City specifications. He stated that an offer of road dedication has been made, on which the City will probably act, and the road will become a public road. Commissioner Bogosian asked if the application would need City approval if the road was clearly a private road. " Planning Commission M~tes Meeting of January 22, 1992 Page Nine Planner Walgren stated the City would still retain its authority and discretion to review the request. TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 9:01 P.M. Passed 5-0. DURKET/BOGOSIAN MOVED TO DENY SM-91-008 AS RECOMMENDED IN THE STAFF REPORT. Commissioner Forbes stated that his first inclination was to vote for a denial, but after hearing the public testimony, he supported the application. Commissioner Tucker stated she would vote to deny the application because she found difficulty in making the findings (particularly finding 1 in the resolution) and felt that an approval would grant a special privilege therefore setting a precedent for future requests for security gates. She also stated that the issue of additional maintenance went along with the responsibilities of residing on a private street. Commissioner Durket agreed with Commission Tucker's comments and added that the problems experienced by the neighborhood were not unique to that particular private street. Commissioner Bogosian stated he also would be voting for denial and agreed with Commissioner Tucker's comments. He suggested a larger, better maintained sign to distinguish the private street and also to take up the need for enhanced security with the Sheriff or City Council. Chairperson Moran stated that a gate would set the neighborhood apart from the rest of the community thus discouraging trailway and pedestrian access. Chairperson Moran also suggested that the Commission follow-up with staff's recommendation in the staff report to incorporate consideration of the gating issue in general in consideration of the Circulation Element of the General Plan. Commissioner Forbes stated although he was sensitive to the concerns of setting a precedent, he felt the residents' need for the gate overrode this concern and therefore felt the request should be granted. Chairperson Moran asked that the original motion be amended to include recommendation #2 of the staff report. DURKET/BOGOSIAN MOVED TO AMEND THE MOTION STATED ABOVE TO INCLUDE STAFF'S RECOMMENDATION 2 FROM THE STAFF REPORT. The motion carried 4-1 (Forbes opposed). Planning Commission ~tes Meeting of January 22, 1992 Page Ten 9. DR-88-064.1 - Woodrum; 13845 Upper Hill Dr., request for a V-89-045.1 - one-year extension of a design review approval to allow the construction of a 5,873 sq. ft. two-story residence on a 2.2 acre parcel. The request also involves an extension of a previously approved variance permit to allow residential construction on a building pad which has a 40% slope per Chapter 15 of the City Code. The property is located in the R-1-40,000 zone district. Planner Walgren presented to the Commission the Report dated January 17, 1992 and added the wording "... including, but not limited to the conditions outlined in the three paragraphs from arborist Barrie Coates letter of January 16, 1992." to the end of Condition 11. He also presented the Commission with a letter from Mr. Hoagland. Chairperson Moran stated that she understood the letter from Mr. Hoagland to express concerns regarding the unclear wording of public notification with regard to the modifications. Planner Walgren stated that the wording used for the agenda was the same printed on the notifications. Commissioner Durket asked if the notification indicated the request of additional tree removal. Planner Walgren stated that the notice did not indicate the change in the number of trees to be removed. Chairperson Moran opened the public hearing at 9:26 p.m. Ron Woodrum, applicant spoke in support of the application and stated that the only change in the plans from those that were originally approved in January, 1990, was the removal of additional trees which are in poor condition. AI Hoagland, 13834 Upperhill Drive, spoke in opposition to the application expressing concern regarding the unclear notification of the additional tree removal. He also expressed concerns regarding landslide possibilities if additional trees were removed. Ron Woodrum, applicant, stated that other neighbors were in support of the application. He also answered questions of the Commission in regard to the project. Planning Director Eisner announced that after quick review with the City Attorney it was determined that there was a problem with the wording of the notification and recommended that the public hearing not be closed and the item be continued for 2 weeks to allow time for proper re-notification. DURKET/BOGOSIAN MOVED TO CONTINUE DR-88-064.1 AND V-89-045.1 TO THE FEBRUARY 12, 1992 PLANNING COMMISSION MEETING. ' Planning Commission Mfl~utes Meeting of January 22, 1992 Page Eleven Chairperson Moran asked that the new notices address the modification of the extension and the trees Commissioner Durket directed the staff to send the new notices to the people who appeared at the last public hearing held on the item. The motion carried 5-0. 10. LL-91-007 - Patrick; 21205 Canyon View Dr., request for lot line adjustment approval to remove an existing lot line on Parcel B., increasing the lot size by 3,377 sq. ft. per Chapter 14 of the City Code. The parcel is non-conforming in terms of lot size and is located within the R-1-40,000 zone district. Planner Walgren presented the Report of January 22, 1992, to the Commission. Chairperson Moran opened the public hearing at 9:40 p.m. Margaret Patrick, applicant, stated that she could answer any questions in regard to the application. DURKET/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 9:41 P.M. Passed 5-0. DURKET/TUCKER MOVED APPROVAL OF LL-91-007. Passed 5-0. 11. DR-91-062 - Saratoga Pacific Oaks (Lot 21); Via De Marcos, request for design review approval to construct a new, 5,086 sq. ft., two-story residence on a vacant lot per Chapter 15 of the City Code. The residence is situated on a 42,225 sq. ft. parcel located in the R-1- 40,000 zone district. The subject is Lot 21 of the San Marcos Heights subdivision. Planner Walgren presented the Report dated January 22, 1992, to the Commission. Chairperson Moran opened the public hearing at 9:45 p.m. Greg Brooks, representing Saratoga Pacific Oaks, described the project in detail and stated that this was the third attempt to design a house on the particular lot. He stated that the house was designed with the concerns regarding the trees and open space easement in mind. He also answered questions in regard to the project. TUCKER/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:50 P.M. Passed 5-0. . ~ ~ Planning Commission Mites Meeting of January 22, 1992 Page Twelve Commissioner Durket expressed concern with the house's appearance of mass and bulk. He favored a height reduction to 24 feet. He also stated that the entrance gave a tower-like appearance and enhanced the bulk of the house. Commissioner Bogosian concurred with Commissioner Durket's concerns and comments. Commissioner Forbes also agreed with his fellow Commissioners. Commissioner Tucker stated she had no difficulties with the bulk or mass issues and could support the project with a condition for additional landscape screening. Chairperson Moran expressed support for ascaled-down design of the entry and she expressed concerns with the massive appearance of the house. Following a discussion among the Commissioners and the applicant on the issues whether to vote on the application or to continue the item to another public hearing in which revised plans would be submitted, the applicant requested a continuance to a work session. BOGOSIAN/DURKET MOVED TO CONTINUE DR-91-062 TO THE FEBRUARY 18, 1992, REGULARLY ADJOURNED MEETING TO BEGIN AT 7:00 P.M. The applicant was directed to revise the plans per the comments of the Commissioners and to submit the plans to staff one week prior to the meeting date. The motion carried 5-0. 12. V-91-016 - Wollesen; 11910 Walbrook Dr., request for variance approval to allow construction of a 536 sq. ft. addition to an existing 2,856 sq. ft. residence per Chapter 15 of the City Code. The request will involve the extension of anon-conforming building line which is 10.75 feet from the side yard property line where 12 feet is required. The parcel is approximately 19,703 sq. ft. located within the R-1-15,000 zone district. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated January 22, 1992, to the Commission. Chairperson Moran opened the public hearing at 10:05 p.m. John Wollesen, applicant, spoke in favor of his application and submitted a letter from his neighbors in support of the project. He also answered the Commissioners questions regarding the proposal. Dave Baxter, 11936 Shadybrook Court, spoke in favor of the application. - ` ~ ~ Plannin Commission Minutes 9 Meeting of January 22, 1992 Page Thirteen Mr. Ross, 11915 Shadybrook Court, also expressed support and encouragement of the project. DURKET/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:14 P.M. Passed 5-0. Commissioner Forbes expressed support for the application, but felt that the shed which encroaches significantly on the setback should be removed. Planner Walgren explained that the shed was grandfathered in and is not part of the application, but its removal could be a condition of approval. Commissioner Tucker stated she was not in favor of the application and could not make the findings. Commissioner Bogosian stated he could support the application. FORBES/BOGOSIAN MOVED TO APPROVE V-91-016 WITH THE CONDITION THAT THE SHED BE REMOVED. Chairperson Moran stated that she did not think it was necessary to require the removal of the shed. Commissioner Durket agreed with Chairperson Moran's comment regarding the shed. Chairperson Moran stated she could support the application for reasons of improvement, but not for reasons solely based on the extension of an existing non- conforming building line. FORBES/BOGOSIAN WITHDREW THEIR ORIGINAL MOTION. BOGOSIAN/DURKET MOVED TO APPROVE V-91-16. FORBES MOVED TO ADD AN AMENDMENT TO THE MOTION THAT A CONDITION BE ADDED TO REQUIRE THE REMOVAL OF THE SHED. The motion to amend died for lack of a second. The main motion carried 3-2 (Forbes and Tucker opposed). DIRECTOR'S ITEMS 1. Planner Walgren passed on to the Commission the City Clerk's request for agenda items for the City Council/Planning Commission's February 5, 1992, joint worksession. C j 'Planning Commission M~~- utes Meeting of January 22, 1992 Page Fourteen Commissioner Tucker suggested revisitation of the security gate issue. Chairperson Moran suggested the issue of Heritage Lane and Commissioner Forbes suggested the noticing issue. It was agreed that both of these items would first be discussed at a future Planning Commission worksession. COMMISSION ITEMS COMMUNICATIONS Writtan 1. City Council Minutes - 12/18/91 & 1 /7/92 Oral City Council ADJOURNMENT At 10:27 p.m., Chairperson Moran adjourned the meeting. Andrea M. Chelemengos