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HomeMy WebLinkAbout02-26-1992 Planning Commission minutes• CITY OF SARATOGA PLANNING COMMISSION MINUTES February 26, 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 Tucker, Bogosian, Caldwell and Durket (Commissioner Durket arrived at 7:35 p.m. as noted) Absent: Commissioner Forbes (excused) and Favero PLEDGE OF ALLEGIANCE Commissioner Durket arrived at 7:35 p.m. MINUTES Minutes of February 6, 1992 Commissioner Bogosian added directional wording on page 6 to the paragraph immediately following the Forbes/Favero's motion to deny V-91-017. The paragraph should read: "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. Commissioner Bogosian suggested a split level house, approximately 1600 square feet to minimize the impacts to privacy of the neighbors." Commissioner Tucker amended page 9, paragraph 3 to read: "Commissioner Tucker stated that she could support the variance for the garage extension based on topographical constraints and configuration of the existing carport but could not support the variance for the pool and deck as there are other areas practical for these items that would not necessitate a variance."~ Commissioner Caldwell amended the first sentence on page 7, "Per Commissioner Caldwell..." should be corrected to "Per Commissioner Tucker...". Chairperson Moran had the following corrections: Page 2, paragraph 5 from the bottom the date February 22, 1992 should be corrected to February 26, 1992. Plannin Commission Minutes g Meeting of February 26, 1992 Page Two Page 4, paragraph 3, should read: "Chairperson Moran stated she was in favor of a darker color for the house because additional tree coverage would now be removed." Page 6, with regard DR-91-064 and V-91-017 (Kinnier application) Chairperson Moran added the following list of issues raised by the Commissioners at the February 6 meeting. These issues are to be addressed at the study session: 1. Privacy 2. Landscape Plan 3. Resolve the tree removal issue 4. Staff analysis of need for additional off-street parking 5. Diagram depicting correct property line locations. (Requested by Commissioner Tucker to be added to the list.) Chairperson Moran asked that these concerns be clearly stated in the minutes and communicated to the applicant. Commissioner Tucker requested that a copy of the correct property lines also be submitted for use to resolve ownership of a specific Bay tree. Chairperson Moran amended, for clarification, the motion on page 7 to read: "DURKET/TUCKER MOVED TO APPROVE DR-91-067, WITH THE ADDED CONDITION THAT THE DRIVEWAY TURNAROUND WILL. BE PULLED BACK FROM THE EAST PROPERTY LINE AND THAT THE LANDSCAPING PLAN WILL BE REVIEWED WITH STAFF." Chairperson Moran amended paragraph 1, page 11 to read as follows: "Chairperson Moran asked the Commission to consider whether they had time and were inclined to L the Library Expansion Commission because the City Council had asked that a Planning Commissioner serve on the Committee. Staff was directed to send out a description of the duties to the Commissioners to review." CALDWELL/TUCKER MOVED TO APPROVE THE MINUTES OF FEBRUARY 6, 1992, 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 February 7, 1992. Planning Commission Minutes Meeting of February 26, 1992 Page Three Technical Corrections to Packet Planner Walgren reported that Item #3 -CITY OF SARATOGA -Miscellaneous Amendment to Ordinance 72-99 -should be corrected to CITY OF SARATOGA Miscellaneous Amendments to Ordinance 71-99. Planner Walgren also reported that with regard to Item #9 - DR-91-070 -Neuhaus, 12246 Woodside Drive, the project had been reviewed under the newly adopted Development Regulations, but the new Design Review Findings were not incorporated in the original resolution which was included in the packet. Planner Walgren explained that a revised resolution incorporating the new language for the findings was distributed to the Commission and that all the conditions and findings remained the same and the only change was the incorporation of the new language. PUBLIC HEARING CONSENT CALENDAR 1. Tree Permit - Yang, 13571 Beaumont Ave., appeal of Planning #92- 011 - Director's denial of an application to remove an ordinance size oak tree per Chapter 15 of the City Code (application withdrawn). ----------------------------------------------------------------------------------------------------------- 2. CITY OF SARATOGA -Draft Sign Ordinance amendments and reorganization of Article 15-30 of the City Code. Staff has prepared a Negative Declaration for Planning Commission review (cont. to 5/13/92). CALDWELL/TUCKER MOVED APPROVAL OF THE FEBRUARY 26, 1992, PUBLIC HEARING CONSENT CALENDAR. Passed 5-0. PUBLIC HEARINGS 3. 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. Staff has prepared a Negative Declaration for Planning Commission review (cont. from 1/22/92). ----------------------------------------------------------------------------------------------------------- P l a n n i n g Director Eisner and Planner Adar presented the Report dated February 26, 1992 to the Commission and answered the Commissioners questions in regard to the Ordinance. Planning Commission Mif'utes Meeting of February 26, 1992 Page Four Planning Director Eisner explained to the Commission that any changes by the Planning Commission to the proposed Ordinance would be written in memo form and presented to the City Council. Planner Adar also made the following amendments to the resolution: Page 5, S15-12.090 B, the words "structures and/or additions thereto on" should be added before the word "vacant lots..". Page 6, Immediately after Section S15-12.090 B (5) the following should be added "For the purpose of this article, "vacant lot' shall mean a parcel with no existing single-family dwelling." This definition would then become subsection "C". This wording would also be added to Section S15-13.090 "C". In Section S15-12.090 D (prior to above amendment was S15-12.090 C), the words adversely affect should be added prior to "the lot's normal yard orientation..." Section S15-14.100 B should read "The minimum yard requirements for structures and additions thereto on vacant lots and lots created after (adoption date), 1992 are as follows:" S16-15.210 (d) the last line be changed per City Engineer's request to read: "..exceed three horizontal to one vertical.". Following discussion regarding height restrictions, Commissioner Durket stated that with regard to S15-29.010 Section 7(f) for clarity, the paragraph should be amended to read: "...one (1) foot of height for any new construction exceeding 18 feet..." In paragraph S15-45.050 Planner Adar changed the word greater to "lower" to be placed immediately before the words "to not more than five feet.". S-15-50.120 the last sentence of the paragraph should read "In addition thereto, any person unlawfully removing or destroying any ordinance protected tree, as described in Section 15-50.050 without a permit shall be penalized as follows:". Commissioner Caldwell suggested that the following wording be added to the end of S16-15210(d) "... except that visible cut and fill slopes may exceed three horizontal to one vertical up to two horizontal to one vertical upon the finding by the City Engineer that such exceedance is required for integration with the existing terrain and naturally steep slopes." Commissioner Caldwell also inquired as to the criteria of the "standard zone clearance procedures" used by the Planning Director when reviewing and approving cut or fill planning Commission N~'Ifl~utes Meeting of February 26, 1992 Page Five exceeding 10 cubic yards as written in S16-15.220 and the last two paragraphs of the August 18, 1990 memorandum on page 30 of the Staff Report. Planner Walgren gave a detailed explanation of the criteria/findings which must be made for an approval. At 8:23 p.m. Chairperson Moran opened the public hearing. Adrienne Garfield, Three Oaks Way, spoke in support of the proposed changes in the setback requirements and also expressed concern regarding consideration of odd shaped lots. Jim Diffider, Jr., Diffider Builders, spoke in favor of the proposed setback changes. Jim Diffider, Sr., Diffider Builders, spoke in support of the proposed ordinance. CALDWELL/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. Passed 5-0. Commissioner Caldwell spoke in favor of the changes she had previously suggested and also those of staff (noted above), but that she was not in favor of the 1.5% deduction provision in S15-29.010 (f). She stated that she questioned whether the provision would serve its purpose. Planning Director Eisner suggested the provision be maintained on a trial basis and then reviewed at a later date to determine its effectiveness. TUCKER/CALDWELL MOVED APPROVAL OF THE NEGATIVE DECLARATION. PASSED 5-0. TUCKER/BOGOSIAN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF CHANGES TO THE ZONING ORDINANCE PER THE CHANGES AS NOTED ABOVE AND TO BE REFLECTED IN A MEMORANDUM CLARIFYING THE NOTED CHANGES AND A MEMORANDUM EMBODYING AMENDMENTS TO THE ZONING ORDINANCE. Passed 5-0. 4. DR-91-033 - Cocciardi; 22631 Mt. Eden Road, request for SD-91-003 - design review and building site approval to remodel and expand an existing two-story residence with one and two-story additions totaling 6,658 sq. ft. pursuant to Chapter 15 of the City Code. The subject parcel is 3.2 acres in area and is located east of Mt. Eden Road within the City's NHR zone district (cont. from 2/12/92; application expires 5/8/92). Planning Commission NITi"utes Meeting of February 26, 1992 Page Six Planner Walgren presented the Report dated January 22, 1992 to the Commission. Commissioner Caldwell noted that condition 12 d should reference "in accordance with the ISA Standards.". Planner Walgren was in agreement to this addition. Chairperson Moran opened the public hearing at 8:35 p.m. It was noted that the applicant was present to answer any questions. Since there was no one wishing to speak Chairperson Moran closed the public hearing at 8:35 p.m. Commissioner Bogosian questioned the origin of the material board. Jack Eitzen, representing the applicant, addressed Commissioner Bogosian's question stating that the material was the off the existing roof which had been painted the exact match as that of the plaster mix. Commissioner Caldwell stated that condition 8 should reflect that the Planning Commission review and approve the colors, not the Planning Director. Chairperson Moran stated that she was satisfied with the colors submitted. Commissioner Bogosian stated that the used the submitted as the material board represented the color proposed and since the color of used the differs from that of new tile, it was his assumption that the material board accurately represents the material to be used and therefore the ruling would be made on that of used tile. He expressed concern regarding determining and reviewing the actual colors to be used. CALDWELL/BOGOSIAN MOVED APPROVAL OF DR-91-033 WITH THE ABOVE NOTED CHANGES TO CONDITIONS 8 AND 12D AND THE SUBMITTED COLOR BOARD. Passed 4-1 (Durket opposed). CALDWELL/BOGOSIAN MOVED TO APPROVE SD-91-003. Passed 4-1 (Durket opposed). The Commission took a break at 8:40 p.m. and the meeting was reconvened at 8:53 p.m. 5. DR-91-072 - Saratoga Pacific Oaks, 19216 Crisp Ave., request for design review approval to construct a new two-story 5,520 sq. ft. residence pursuant to Chapter 15 of the City Code. The subject property is 40,006 sq. ft. in area and is Lot #18 of the San Marcos Heights subdivision (cont. from 2/12/92; application expires 6/20/92) . ---------------------------------------------------------------=------------------------------------------- P l a n n e r Walgren presented the report dated February 12, 1992, and answered questions in regard to the application. Plannin Commission ~utes 9 Meeting of February 26, 1992 Page Seven CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 8:55 P.M. Greg Brooks, project designer, spoke in favor of the application and answered questions of the Commission. TUCKER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:00 P.M. Passed 5-0. Commissioner Durket expressed concern regarding the massive appearance of the front and stated that he could not support the application as proposed because he felt that the house was too big. He expressed concerns regarding the bulk and mass. Commissioner Bogosian stated he had visited the site and also had the same concerns as Commissioner Durket. Commissioner Bogosian stated that he felt that the house was out-of-character with the subdivision and the other previously approved homes. He also stated that one of his prime concerns was with the design features of the south-east elevation and the tall chimneys. He suggested possibly lowering the building height. Commissioner Tucker stated that she did not share the same concerns regarding the two-story issues in relation to bulk and mass since this parcel was one of the parcels reviewed and then designated for two-story construction at the time of the subdivision approval. She stated that the parcel was permitted to have atwo-story home because the parcel was felt to be less impactful that other parcels within the subdivision. Commissioner Caldwell inquired whether a condition for additional landscaping would alleviate the other Commissioners concerns with the issue of bulk and mass. Chairperson Moran also expressed concern regarding the bulk and mass of the proposed structure, but stated that she had no problems with atwo-story structure on the particular parcel Commissioner Durket felt that landscaping would not solve the bulk and mass concerns. Commissioner Caldwell suggested pulling the approved plans of the other homes in the subdivision to compare the structures and stated that she would prefer to continue the item. Commissioner Bogosian stated he was in favor of a two-story house on the sight, but a different two-story house. Chairperson Moran addressed the applicant regarding continuing the item to the March 11, 1992, Planning Commission meeting. The applicant agreed to the continuance. . Planning Commission Minutes Meeting of February 26, 1992 Page Eight CALDWELL/BOGOSIAN MOVED TO CONTINUE DR-91-072 TO THE MARCH 11, 1992 PLANNING COMMISSION MEETING FOR THE PURPOSE OF ASSESSING THE BULK AND MASS FINDING AND THE COMPATIBILITY FINDING. Passed 5-0 6. DR-91-066 - Ostby, 14467 Sobey Rd., request for design review approval to demolish an existing residence and construct a new 6,079 sq. ft. two-story home pursuant to Chapter 15 of the City Code. The subject property is a 1.7 acre parcel located within an R-1-40,000 zone district. ---------------------------------------------------------------------------------------------------------------Planner Walgren presented the Report dated February 26, 1992 to the Commission. He also answered questions of the Commission. Chairperson Moran opened the public hearing at 9:20 p.m. Michael Layne, representing the applicant, spoke in support of the application and answered question of the Commission. BOGOSIAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. Commissioner Bogosian stated he had visited the site and felt that the site was a prominent and very visible site of the area and suggested that height poles be erected in order to help visualize the height and placement of the proposed house. Commissioner Durket concurred with Commissioner Bogosian's suggestion and added that 4 poles should be erected to also indicate the length of the house. He also stated he did not feel that the chimney design was compatible. Commissioner Tucker also spoke in favor of the placement of the poles on the site. Commissioner Caldwell was also in agreement with the suggestion of the poles and spoke in favor of reviewing alternative chimney designs. Commissioner Bogosian stated he felt that the chimneys detracted from the design of the house. Chairperson Moran stated she was not in favor of the proposed chimney design, but liked the roof design and was in favor of the placement of the poles and a reduction of square footage. Commissioner Bogosian stated, for clarity to the applicant, that the request for the sight poles was only to enable the Commission to better review the application and should not be misinterpreted as an indication of a future approval of the design. . Planning Commission M'iir utes Meeting of February 26, 1992 Page Nine TUCKER/CALDWELL MOVED TO CONTINUE DR-91-066 TO THE MARCH 11, 1992 PLANNING COMMISSION MEETING FOR THE PURPOSE TO ALLOW THE APPLICANT TIME TO ERECT THE REQUESTED SITE POLES AND THAT THE ITEM BE PLACED ON THE LAND USE AGENDA. Michael Layne, representing the applicant, asked for an opportunity to be present and speak with the Commissioners when they visited the site. THE MOTION PASSED 5-0. City Attorney clarified for the applicant and Mr. Layne that because of the Brown Act, the Commission may not be as responsive, at the time of the site visit, as the applicant would like. 7. SD-88-008.1 - Rogers and Brook, Inc., San Marcos Road, request for aone- year extension of tentative map approval to subdivide a 10.6 acre parcel with nine (9) single family residential building sites within the R-1-40,000 zone district. This request is for Phase III of the San Marcos Heights subdivision, which is accessed via a private cul-de-sac extension of San Marcos Road through the Odd Fellows senior living facility property. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated February 26, 1992 to the Commission and answered question regarding the application. Chairperson Moran opened the public hearing at 9:40 p.m. Virginia Fanelli, representing the applicant, spoke in favor of the application and answered question of the Commission. Mr. Grant, asked whether there was a condition that would prohibit connecting the subdivision access road with Crisp Avenue. Both the City Attorney and Planner Walgren pointed out language that prohibits the connection of the streets. TUCKER/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M. TUCKER/BOGOSIAN MOVED TO APPROVE EXTENSION OF SD-88-008.1. Passed 5-0. Planning Commission ~utes Meeting of February 26, 1992 Page Ten 8. V-92-002 - Williamson, 13852 Upper Hill Dr., request for variance approval to allow a six (6) ft. tall, black chain link fence to extend into a required front yard setback where a 3 ft. tall fence is allowed per Chapter 15 of the City Code. The subject parcel is located within an R-1-40,000 zone district and is 1.005 acres in area. -----------------------------------------------------------------------------------------------------------Planner Walgren presented the Report dated February 26, 1992 to the Commission. Chairperson Moran opened the public hearing at 9:53 p.m. John Williamson, applicant spoke in favor of his application and objected to the staff report recommendation to deny the application. He also objected to an anonymous letter submitted to the Planning Commission which objected to his application. He stated that he was not requesting a granting of a special privilege because other properties in the are have chain link fences. Commissioner Durket explained to Mr. Williamson that the staff report was only a recommendation and that the Commissioners make a decision based on their own conclusions. Mrs. Williamson, applicant, spoke in favor of the application She stated that the fence was for the purpose of retention of privacy and to keep the deer off the property. She also stated that their property was atypical and she referred to a list of neighbors who were in favor of their application. TUCKER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 10:02 P.M. Chairperson Moran inquired with the City Attorney regarding whether an unsigned letter in objection to the application could be considered credible and could be considered in reviewing the application. The City Attorney assured Chairperson Moran that the letter could be used and admitted in to the process. Commissioner Tucker explained that the Code limited fences in the front to 3 feet in order to avoid creating atunnel-like effect. Commissioner Caldwell stated that she believed that even an 8 foot fence would not keep the deer for entering the property. Commissioner Durket stated he was in favor of the staff recommendation for denial. Commissioner Bogosian concurred with Commissioner Durket and also stated that many residents have the same problems with deer on their property. Planning Commission AIIP{'~utes Meeting of February 26, 1992 Page Eleven BOGOSIAN/DURKET MOVED TO APPROVE RESOLUTION V-92-002 DENYING THE APPLICANT'S REQUEST FOR A VARIANCE TO THE FENCING REGULATIONS. Passed 5-0. 9. DR-91-070 - Neuhaus, 12246 Woodside Dr., request for design review approval to construct an 882 sq. ft. second story addition and 441 sq. ft. of first floor area to an existing 1,677 sq. ft. one-story residence per Chapter 15 of the City Code. The parcel is approximately 9,750 sq. ft., and is located within the R-1-10,000 zone district. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated February 26, 1992 to the Commission. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 10:15 P.M. Mr. Neuhaus, applicant spoke in favor of the application and explained that because he preferred to maintain the space in his back yard, he opted to build asecond-story addition instead of adding on to the back of his house. CALDWELL/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:17 P.M. DURKET/BOGOSIAN MOVED TO APPROVE DR-91-070. Commissioner Caldwell asked that the motion include an amendment to Condition 6 to require Planning Commission approval of the landscape plan instead of the Planning Director's approval and also in Condition 6 the addition of the words "at a minimum" be added prior to the words "..the placement of two (2) 24 inch box...". Both Commissioners Durket and Bogosian were in agreement to the amendments to Condition 6. Chairperson Moran stated that she could not support approval of the application because she felt that the neighborhood consisted primarily of single-story homes and that the proposed two-story home would be out of character with the rest of the neighborhood. Commissioner Tucker stated that she also could not support the approval of the application based on her inability to make the findings in regard to height and bulk. THE MOTION PASSED 3-2 (Moran and Tucker opposed). r Planning Commission MiTSutes Meeting of February 26, 1992 Page Twelve 10. CITY OF SARATOGA - R-OS Zoning District -Boundary map for areas within the City's Sphere of Influence. The City Council adopted an ordinance which established a new zoning district, the Residential Open Space District. The new district will be applied to areas within the City's Sphere of Influence upon annexation to the City. The City Council directed the preparation of criteria to be used to establish the boundaries of the R-OS zone. The Planning Commission will review and consider the criteria and a proposed boundary map which was prepared in accordance with this criteria. Staff has prepared a Negative Declaration for Planning Commission review. Planner Adar presented the Report dated February 26, 1992, to the Commission and answered questions regarding the item. Commissioner Caldwell suggested adding the words "endangered species, animals and/or plants" in #3 of the criteria list. The City Attorney suggested a tighter description of "scenic beauty" which appears in #3 of the criteria list. She explained that a tighter description may deter future problems or misinterpretations. , Following a discussion among the Commissioners, it was the consensus to use the wording found in the resolution "scenic quality to the community" to replace the words "scenic beauty" in #3 of the criteria list. DURKET/CALDWELL MOVED TO APPROVE THE CRITERIA LIST WITH THE ABOVE NOTED CHANGES AND CONTINUE THE R-OS BOUNDARY MAP TO THE MARCH 17, 1992, WORKSESSION. Passed 5-0. DIRECTOR'S ITEMS Interim Planning Director Eisner addressed the Commission thanking them for all they had done during his term as Interim Planning Director and explained that his service for the City of Saratoga had come to an end and that a new Planning Director would begin with the City in April. COMMISSION ITEMS Planning Director reminded the Commissioners of the upcoming League of Cities and directed the Commissioners to speak with the Planning Department Secretary to make travel arrangements. ~ „ .' e Plannin Commission Mntutes ~- 9 Meeting of February 26, 1992 Page Thirteen Chairperson Moran inquired about the scheduling of the Planning Commission retreat. A discussion regarding the appropriate body to review and approve landscape plans took place among the Commissioners and staff. The City Attorney suggested putting the landscape plans on the Consent Calendar. Planner Walgren stated that he felt that in order to alleviate the number of items to be reviewed by the Planning Commission the landscape plans could be referred for review and approval to the staff. Commissioner Tucker stated that she would be comfortable with Planner Walgren's suggestion. Commissioner Bogosian stated that he preferred to continue requiring landscape review and approval through the Planning Commission until the new Planning Director was in place. Commissioner Bogosian volunteered to serve as the Planning Commission representative at the monthly Library Expansion Committee meetings. COMMUNICATIONS Written 1. Memo from Library Expansion Committee re: Planning Commission appointment to serve on the Committee. 2. City Council Minutes - 2/5 & 2/11 /92 Oral City Council ADJOURNMENT At 11:19 p.m. Chairperson Moran adjourned the meeting. Andrea M. Chelemengos Minutes Clerk