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HomeMy WebLinkAbout02-12-1992 Planning Commission minutesi ~- CITY OF SARATOGA PLANNING COMMISSION MINUTES February 12, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order by Chairperson Moran at 7:30 p.m. ROLL CALL Present: Chairperson Moran, Commissioners Forbes, Favero, Tucker, Bogosian, Caldwell and Durket (Commissioners Durket and Caldwell arrived at 7:33 p.m. as noted) Absent: None PLEDGE OF ALLEGIANCE 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 February 7, 1992. Commissioners Durket and Caldwell arrived at 7:33 p.m. Technical Corrections to Packet Planner Walgren reported that Item #3 - DR-91-033 & SD-91-003 - Cocciardi - 22631 Mt. Eden Road, had been inadvertently placed on the February 12, 1992 agenda by staff. The item had been continued to the February 22, 1992 Planning Commission meeting at the January 22, 1992 meeting. Planner Walgren also reported that with regard to Item #4 - DR-91-072 -Saratoga Pacific Oaks, 19216 Crisp Ave., the landscape and grading plan had not been included in the packet distributed to the Planning Commissioners. Planner Walgren stated that the applicant had provided these plans the morning of the meeting and the plans plus a perspective rendering had then, been provided to the Commissioners at each of their chairs at the dais. Commissioner Caldwell requested that Item #3 be placed on the Land Use agenda of February 23, 1992 and that the applicant be notified. . Planning Commission Mi tes _ Meeting of February 12, 1992 Page Two Chairperson Moran agreed with Commissioner Caldwell. MINUTES Minutes of January 22, 1992 Commissioner Tucker submitted to the minutes clerk typographical corrections to page 13, paragraph 5. The paragraph should read: "Commissioner Tucker stated she was not (instead of "note") in favor of the application and could not make the findings". Commissioner Bogosian amended the fourth paragraph on page 5, to read: "Commissioner Bogosian stated he could support the application, but was concerned whether 200 watts would be sufficient for safe in the particular area". FORBES/TUCKER MOVED TO APPROVE THE MINUTES OF JANUARY 22, 1992, AS AMENDED. Passed 5-0 (Commissioners Favero and Caldwell abstained). With regard to the absence of the grading and landscape plans for Item #4 as noted by Planner Walgren in the Technical Corrections to Packet segment, Commissioner Caldwell spoke in favor of continuing the item to the February 22, 1992 meeting in order to allow the Commissioners ample time to review the plans. Chairperson Moran and Commissioner Bogosian expressed support for Commissioner Caldwell's comments. Chairperson Moran addressed the applicant and explained the Commission's preference to continue the item. Representative of Saratoga Pacific Oaks, applicant, was permitted to address the Commission. He stated that the landscape and grading plan was very minor. CALDWELL/BOGOSIAN MOVED TO CONTINUE DR-91-072 - SARATOGA PACIFIC OAKS, 19216 CRISP AVE., REQUEST FOR DESIGN REVIEW APPROVAL, TO THE FEBRUARY 22, 1992 PLANNING COMMISSION MEETING. PASSED 7-0. 'Planning Commission Mi tes Meeting of February 12, 1992 Page Three PUBLIC HEARINGS 1. DR-88-064.1 - Woodrum; 13845 Upper Hill Dr., request for a & V-89-045.1 one-year extension of design review and variance approvals to allow construction of a 5,873 sq. ft., two-story residence on a building pad which has a 40% slope per Chapter 15 of the City Code. The extension request is a result of modifying the plans to remove eight (8) ordinance protected oak trees where one (1) was originally approved to be removed. The property is a vacant 2.2 acre parcel located at the end of Upper Hill Dr. within the R-1-40,000 zone district. (cont. from 1 /22/92; application expires 6/9/92) . -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated January 17, 1992 to the Planning Commission. He also made the following amendments to the resolution: Page 3, third finding down, should be "...soil removal is minimal and the eight ordinance protected trees are to be removed." Page 7, Section 3, "within 24 months..." should be replaced with "within 12 months...". He also stated that the 12 months would apply to the variance application as well. Commissioner Favero inquired as to when the unhealthy condition of the trees was determined. Planner Walgren stated the condition of the trees was determined after the incorrect staking of the building pad was discovered. Commissioner Caldwell addressed staff regarding a requirement of a tree maintenance bond. She also asked about the older original language used in the resolution and if it should be removed. Planner Walgren stated that a condition requiring a tree maintenance bond could be added. Planning Director Eisner recommended retaining the old language. Following a brief discussion regarding the condition of the trees and the arborist's report, Chairperson Moran opened the public hearing at 7:50 p.m. Ron Woodrum, applicant, spoke in favor of the application and answered questions of the Commission. 'Planning Commission Mi tes . Meeting of February 12, 1992 Page Four Commissioner Forbes requested that resurfacing and widening of the driveway be included as a condition of approval. CALDWELL/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 7:52 P.M. PASSED 7-0. Chairperson Moran stated she was in favor of a darker color for the house. Commissioner Durket stated he was also in favor of a darker color and a tree maintenance bond. DURKET/FORBES MOVED TO APPROVE V-89-045.1 PASSED 7-0 DURKET/FORGES MOVED TO APPROVE DR-88-064.1 WITH THE AMENDMENT THAT THE COLOR BE DARKER AND THAT A TREE MAINTENANCE BOND BE SECURED. Commissioner Caldwell asked for clarity of the motion to specify that the bond be a 5 year bond and that the color be approved by the Planning Commission. Commissioners Durket and Forbes were in agreement. Commissioner Bogosian stated that he was going to reluctantly support the application for extension. He said he was perturbed regarding the "after-the-fact" evaluation of the trees. He felt that the trees did not get a fair hearing and stated that the evaluation may have been based on the idea that the removal of the trees was a done deal. Commissioner Caldwell concurred with Commissioner Bogosian's comments. The motion carried 7-0. 2. DR-91-064 - Kinnier; 14706 6th St., request for design V-91-017 - review approval to construct a new, two-story, 2,226 sq. ft., single family residence on an approximately 3,271 sq. ft. parcel and a request for variance approval to encroach into the required front, side and rear yard setbacks and from the City parking requirement in the R-1-10,000 zone district per Chapter 15 of the City Code (cont. from 1 /22/92). Planner Walgren presented the Report dated January 22, 1992 to the Planning Commission and also made the following modifications to the resolution: Page 35, second finding, should read "...the proposed setbacks are adequate so as not to unreasonably interfere.."; and Planning Commission Mi tes Meeting of February 12, 1992 Page Five Page 39, fourth paragraph from the bottom should read "... the construction of a new single family dwelling at the proposed setbacks will in no way...". Planner Walgren also answered questions of the Commission. Chairperson Moran opened the public hearing at 8:06 p.m. Douglas Prichard, project designer, spoke in support of the design of the proposed house and the variance application. He also answered questions of the Commission regarding the design, window placement, invasion of privacy mitigation and landscape issues. George Cobell, 14740 6th Street, stated he was not opposed to the new development of the lot, but felt the proposed house was too large and therefore inappropriate to the size of the lot. He also expressed concern regarding privacy invasion, the proximity of the proposed structure, and potential traffic hazards with the use of the street for additional parking. Mrs. Cobell, 14740 6th Street, expressed the same concerns as Mr. Cobell and added that she had concerns about the tree removals and required landscape replacement. She also posed a question as to the owner of the bay tree that is to be removed. Douglas Prichard, project designer, addressed the Commission stating that the property had been surveyed and the bay tree in question belongs to the applicant. Commissioner Favero stated that the tree removal and condition of the trees were of concern to him. He also asked for available information regarding the size of other homes in the neighborhood. Planner Walgren stated that he had no information regarding the size of the surrounding homes. Owner, 14700 6th Street, expressed the same concerns of the previous speakers and stated his opinion that the proposed house was out-of-character with the rest of the neighborhood. FORBES/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:34 P.M. PASSED 7-0. Commissioner Durket stated he could not support the project because he felt the house was too large for the lot. Commissioner Bogosian concurred with Commissioner Durket and added that he could not make the design findings because of the height and bulk of the building. Commission Tucker expressed agreement with the previous two Commissioners. . Plannin g Commission i utes Meeting of February 12, 1992 Page Six Commission Forbes addressed the City Attorney as to whether the Commission was obligated to approve any structure that met the Zoning Regulations because the lot was created as a legal lot. The City Attorney explained that the Commission was not obligated to approve any structure which did not meet the zoning codes and for which the Commission could not make the findings. Planning Director Eisner reminded the Commission that it would be impossible to deny legal use of the lot. FORBES/FAVERO MOVED TO DENY V-91-017. Commissioner Bogosian suggested continuing the item to enable the applicant to come back before the Commission with revised plans addressing the comments of the Commissioners. Following discussion, Commissioner Favero withdrew his second to the motion posed by Commissioner Forbes. The motion to deny V-91-017 died for lack of a second. Chairperson Moran addressed the applicant explaining the option to either request a vote or to continue the item and present a modified design reflecting the comments of the Commissioners. The applicant was in favor of the continuance. DURKET/TUCKER MOVED TO CONTINUE DR-91-064 AND V-91-017 TO THE MARCH 25, 1992 PLANNING COMMISSION MEETING. PASSED 6-1 (Forbes opposed). Planning Director Eisner stated that the variance application would require re- notification of the neighbors. Commissioner Tucker requested that the Cobells be sent the new notification. The Commission took a break at 8:52 p.m. and the meeting was reconvened at 9:06 p.m. 3. DR-91-067 - Sobey Oaks Associates, 14766 Gypsy Hill Rd., request for design review approval to construction a new 3,713 sq. ft. one- story residence within the Sobey Oaks subdivision per Chapter 15 of the City Code. The parcel is approximately 43,010 sq. ft. and is located within an R-1-40,000 zone district. Planner Walgren presented the Report dated February 12, 1992, to the Commission. Planning Commission utes Meeting of February 12, 1992 Page Seven Per Commissioner Caldwell's observance, Planner Walgren amended the Technical Staff Analysis to indicate wood siding as the proposed materials for the project. At 9:10 p.m., Chairperson Moran opened the public hearing. Jerry Lohr, agent, spoke in favor of the application. He also stated that the driveway pavement would be set back to provide for a planting strip along the wall next to Lot 4 when it (Lot 4) becomes occupied. He also answered questions of the Commission. Chairperson Moran asked staff of the possibility of a condition of approval of Lot 4, when it comes for review, which would require landscaping of the wall on Lot 5. Planner Walgren indicated that this could be done. DURKET/FAVERO MOVED TO CLOSE THE PUBLIC HEARING AT 9:14 P.M. PASSED 7-0. DURKET/TUCKER MOVED TO APPROVE DR-91-067, WITH THE ADDED CONDITION THAT THE DRIVEWAY WILL BE PULLED BACK AND THAT THE LANDSCAPING PLAN WILL BE REVIEWED WITH STAFF. Commissioner Forbes stated he would like condition 9 on page 93, to be changed to require five twenty-four inch boxed Coast Live Oak trees instead of the proposed five fifteen gallon Coast Live Oak trees asked the applicant if this was acceptable. The applicant indicated that this would be acceptable if the condition included the wording "if available". Commissioner Durket stated he was satisfied with condition 9, page 93, as written in the staff report. Commissioner Caldwell indicated agreement with staff's comment that the fifteen gallon trees are more adaptable and within a few years usually surpass the twenty- four gallon trees. Commissioner Bogosian stated he was in condition requiring the fifteen gallon trees. design of the house. agreement with maintaining the original He also stated he was impressed with the The original motion passed 7-0. 4. SUP-91-003 - Elgart, 20301 Hill Ave., request for use permit approval to legalize an existing 879 sq. ft. second unit per Chapter 15 of the City Code. The parcel is approximately 50,704 sq. ft. and is located within the R-1-40,000 zone district. Planning Commission Minutes Meeting of February 12, 92 Page Eight Planner Walgren presented the Report dated February 12, 1992. He also answered questions of staff. Chairperson Moran opened the public hearing at 9:30. David Elgart, applicant, spoke in favor of his application and the recommendations outlined in the staff report. He also answered questions of the Commission with regard to the second unit and its use. Richard Rivoir, next door neighbor, supported the application, but expressed parking concerns and stated he was in favor of a condition requiring the occupants of the second unit to park on the property. DURKET/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:33 P.M. PASSED 7-0. BOGOSIAN/DURKET MOVED TO APPROVE SUP-91-003 LIMITED TO THE USE PERMIT AND NOT THE DRAWINGS INCLUDED WITH THE APPLICATION AND PER COMMISSIONER TUCKERS SUGGESTION, THAT CONDITION 4, PAGE 109 THE WORDS "AND NOT BE REPLACED" BE ADDED AFTER THE WORDS "KITCHEN SHALL BE REMOVED". Commissioner Favero inquired of the City Attorney if an approval of the application would set a precedent in other areas similarly designated as "Low Density". The City Attorney explained that the only direct precedent that would be set would be if an existing second unit with the same circumstances were to seek legalization. The motion passed 7-0. 5. V-92-001 - Gardanier, 21110 Canyon View Dr., request for variance approval to allow a garage extension to extend into a required front yard setback and to allow a swimming pool, associated decking and a 6 ft. tall fence to extend into the required exterior side yard setback per Chapter 15 of the City Code. The parcel is 22,216 sq. ft. in area and is located in the R-1-40,000 zone district. Planner Walgren presented to the Commission the Report dated February 12, 1992 and answered questions of the Commission. At 9:40 p.m. Chairperson Moran opened the public hearing. Planning Commission tes Meeting of February 12, 1992 Page Nine Glen Cahoon, project designer, spoke in favor of the application and the staff report with the exception of staff's inability to make the findings in regard to the pool deck. He stated that there would not be any privacy issues especially since there were no rear neighbors. He also explained that he had explored other options with regard to the location of the pool and deck and because of the constraints of the lot felt that the proposed location was the best. DURKET/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:46 P.M. PASSED 7-0. Commissioner Tucker stated that she could support the variance for the garage extension, but could not support the variance for the pool and deck. Commissioner Bogosian stated because of the topographical constraints of the lot he could support both of the variances. Commissioner Forbes stated that he could also support both variances and felt that the property owner should be permitted to use and reasonably intensify the use of his yard. Commissioner Caldwell expressed concern regarding the intensified use of the yard and its visibility from the street. She also suggested the use of additional landscaping for screening purposes. Commissioner Durket stated he could support the variance for the garage addition but not the pool and deck variance. Chairperson Moran concurred with Commissioner Durket. Commissioner Caldwell held the same position as the previous two Commissioners. FAVERO/BOGOSIAN MOVED TO APPROVE V-92-001 AS RECOMMENDED BY THE STAFF -APPROVAL FOR THE GARAGE, FENCE, AND POOL, BUT NOT THE DECK. THE MOTION DID NOT PASS 2-5 (Durket, Forbes, Caldwell, Moran, and Tucker opposed). CALDWELL/TUCKER MOVED TO APPROVE V-91-001 PERTAINING ONLY TO THE GARAGE, BUT NOT THE POOL, DECK, AND FENCE. PASSED 6-1 (Forbes opposed). Planning Commission Lutes • Meeting of February 12, 1992 Page Ten 6. LL-91-008 - Rivoir, 20415 Montalvo Oaks PI., 20411 Hill Ave. & 14917 Vine St., request for lot line adjustment approval to transfer 1,664 sq. ft. from Parcel H (APN 517-19-073) and 1,210 sq. ft. from Parcel F (APN 517-19-68) to Parcel G (APN 517-19-049) and to transfer 2,444 sq. ft. from Parcel G to parcel F, per Chapter 14 of the City Code. The parcels are all conforming in terms of lot size, width, and depth and are located within an R-1-20,000 zone district. Planner Walgren presented the Report dated February 12, 1992 to the Planning Commission. At 10:04 p.m. Chairperson Moran opened the public hearing. Mr. Rivoir, applicant, spoke in favor of the application and answered questions of the Commission regarding the proposed lot line adjustment. CALDWELL/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 10:08 P.M. CALDWELL /DURKET MOVED TO APPROVE LL-91-008 AS RECOMMENDED O\IN THE STAFF REPORT. PASSED 7-0. DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Commissioner Bogosian distributed a work plan for the Open Space Element for the Commission's review. There was also discussion regarding Chairperson Moran and Commissioner Favero's concerns regarding the several recent arborist reports which classified many trees as poor in condition and recommended removal. Commissioner Favero initiated a discussion regarding the language used in the staff reports and code to describe and classify second living units. A discussion commenced regarding the Senior Care Center. Planning Director Eisner elaborated on the many issues in regard to the facility. Commissioner Favero objected the issues being addressed by Director Eisner and felt that his comments could possibly sway the decisions of some of the Commissioners. Commissioner Favero also stated that the issues being addressed by Director Eisner should only be addressed and discussed at .the public hearings. • , Planning Commission tes r• Meeting of February 12, 1992 Page Eleven Chairperson Moran asked the Commission for volunteers to serve on the Library Expansion Commission, but no one volunteered. Staff was directed to send out a description of the duties to the Commissioners to review and then decide whether or not to volunteer to serve on this committee. Commissioner Forbes brought up the issue of the City's notification process. It was the consensus of the Commission to agendize this item for the first Adjourned Planning Commission Meeting in April, April 7, 1992. COMMUNICATIONS Written 1. City Council Minutes - 1 /15, 1 /21 & 1 /29/92 Oral City Council ADJOURNMENT At 10:43 p.m., Chairperson Moran adjourned the meeting. Andrea M. Chelemengos