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HomeMy WebLinkAbout04-07-1992 Planning Commission minutesi~ ," , ,~ CITY-F SARATOGA PLANNING COMMIb~iON MINUTES April 7, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting --------------------------------------------------------------- The meeting was called to order by Chairperson Caldwell at 7:30 p.m. ROLL CALL Planner Walgren introduced the new Planning Director Mr. Paul Curtis. Present: Chairperson Caldwell, Commissioners Favero, Bogosian, Moran. Absent: Commissioners Forbes, Tucker, Durket. PLEDGE OF ALLEGIANCE Chr. Caldwell presented an award to Commissioner Moran who served as Chairperson to the Planning Commission in 1991. MINUTES 3/11/92 revised minutes & 3/25/92 minutes Chr. Caldwell made the following corrections to the minutes of 3/11/92: Page 12, Paragraph 5, should read "Com. Durket was not in agreement with Com. Moran's suggestion" Com. Moran suggested the tape be reviewed to clarify the agreement. MORAN/FAVERO MOVED TO APPROVE THE MINUTES OF 3/11/92, AS AMENDED. PASSED 3-0-1 (Bogosian abstain) Com. Bogosian made the following corrections to the minutes of 3/25/92: Page 10, paragraph 9, removed the words "and under" In response to Chr. Caldwell's question, Com. Bogosian stated he was against having a park at the corner of Fruitvale and Saratoga Ave. Chr. Caldwell corrected the minutes of 3/25/92 as follows: Page 12, paragraph 1, the word "made" should be "suggested". She also noted she had typographical errors which she will submit to the Minutes Clerk. BOGOSIAN/FAVERO MOVED TO APPROVE THE MINUTES OF 3/25/92, AS AMENDED. PASSED 3-0-1 (Moran abstain) Com. Moran requested that the tapes be reviewed of the meeting of 3/11/92 in regards to the trees to be removed in the motion on page • PLANNING COMMISSIO~INUTES ~~April 7, 1992 Page 2 3. She stated it is her recollection that trees 5, 6, 8, and 11 should remain and would like the minutes to reflect this. MORAN/CALDWELL MOVED TO APPROVE THE ABOVE AMENDMENT. PASSED 3-0-1 (Bogosian abstain) - None ORAL COMMUNICATIONS REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 3, 1992. Technical Corrections to Packet Planner Walgren noted the Cancellieri application has been appealed to the City Council and will be heard on April 15, 1992. PUBLIC HEARING CONSENT CALENDAR 1. DR-91-073 - Tsanq, 14581 Sobey Oaks Ct. (Lot #16), request for design review approval to construct a new, 5,532 sq. ft., two-story residence per Chapter 15 of the City Code. The parcel is approximately 44,862 sq. ft. in area and is located in an R-1-40,000 zone district within the Sobey Oaks subdivision (cont. to 5/13/92; application expires 7/27/92). MORAN/BOGOSIAN MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0. Com. Moran requested that item 2 be moved to then end of the public hearings. PUBLIC HEARINGS ** 3. DR-91-064 - Rinnier, 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 3/25/92; application expires 5/29/92). ------------------------------------------------------------ Planner Walgren presented the Report dated April 7, 1992 and answered questions regarding privacy issues and the house size proposed. Chr. Caldwell opened the public hearing at 7:53 p.m. PLANNING COMMISSION MINUTES April 7, 1992 Page 3 Ms. Linda Kinnier, 14234 Saratoga Sunnyvale Rd. commented on the issues of parking, privacy, landscaping and house size. Regarding the parking, Ms. Kinnier stated they now have one covered and one uncovered parking space. She stated there will be one small bedroom window facing the neighbors to the north with regards to the privacy issue. Ms. Kinnier expressed concern about the trees noting that both are in bad health, one has fell over and the other should be removed. She quoted from the Arborist's report regarding the trees. Ms. Kinnier stated the living area of the house does measure in the 1700 s.f. range and the 2200 s.f. includes balconies etc. Ms. Kinnier went on to explain the configuration of her lot and where the building is placed. She stated a smaller house does not fit her needs. She noted she had received calls in favor of the project. In response to Commissioners questions, Ms. Kinnier stated the level of the floor of the garage is at grade. She noted she had considered narrowing the house to obtain a 8 ft. setback, but this is not appropriate. Ms. Kinnier explained the landscape plan and the placement of the trees. She stated there would be a six foot fence along the property lines. Lowering the house was discussed. Ms. Kinnier stated the Soils Engineers did not recommend going any deeper. In response to Com. Favero's question, Planner Walgren stated there is potential that they will see more remodeling requests in this area. Resident, 14700 6th Street, stated the trees for screening will not address the privacy issue in winter. As far as excavating and lowering the structure, he stated it would be possible to put in a pump and he would be willing to run a line through his property. He expressed several other concerns regarding the living area of the house and privacy. He stated the structure could and should be more scaled to the lot size. In response to Commissioners questions, the resident stated the fence proposed is approximately 25 feet from his property. He stated the obscured glass proposed is acceptable, but there will be no privacy when the windows are opened. Mr. Doug Prichard, Home Profiles, stated they could meet all the requirements if the applicant put a flat roof on her home, but does not feel this is compatible with the neighborhood. He noted the applicant has been very flexible in trying to work with staff. Chr. Caldwell closed the public hearing at 8:21 p.m. In response to Com. Moran's question, Planner Walgren stated the landscape plan, as submitted, is not detailed enough and staff will require a more detailed plan. Com. Bogosian stated he did meet with the applicant on-site to discuss the concerns raised at this hearing. PLANNING COMMISSIO~INUTES April 7, 1992 Page 4 Com. Caldwell expressed concern regarding the privacy issue and the scale of the home. Com. Bogosian feels that property owners are aware of the constraints before buying the property. He stated the proposed plan does not address the privacy concerns. He noted the applicant had not pursued studies for drainage, etc. and now he should investigate the possibility of lowering the structure. Com. Moran stated she is not concerned about the size of the proposed house because she feels the neighborhood is in a transition of redeveloping. She does feel the house should be more scaled to this lot. Com. Moran expressed concern regarding the privacy issue. Com. Favero stated the character of the neighborhood should be preserved as is and is not in favor of the proposed size of the structure. FAVERO/MORAN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS FOR DENIAL OF DR-91-064. The Commissioners asked the applicant if she would want a continuance. After discussion, Ms. Kinnier stated she does not want a study session. The above motion was carried 4-0. BOGOSIAN/MORAN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS FOR DENIAL OF V-91-017. PASSED 4-0. 4. UP-91-008 - Fathali, 18444 Purdue Dr., request for use permit approval to operate a large family day care home within an R-1-10,000 zone district per Chapter 15 of the City Code (cont. from 3/25/92; application expires 9/5/92). Planner Walgren presented the staff report dated April 7, 1991 and answered questions of the Commissioners. Chr. Caldwell opened the public hearing at 9:00 p.m. Mr. Ed. Clements, 595 Park Ave., Ste. 101, San Jose, addressed the State Health & Safety Code noting quality child care is very important. He noted the applicant offers quality child care and to make this economically viable, they require 7 to 12 children. Mr. Clements presented written statements to the Planning Commission. Mr. Clements addressed staff's concerns. He noted the additional children will only increase the traffic by five cars and the applicant is willing to pick up and drop off children in order to decrease the number of cars. He noted the garage has been converted back to a garage as required by staff. He feels noise is not an issue as the traffic on Quito Rd. is nosier. Mr. Clements stated an additional five or six children will not impact the traffic. PLANNING COMMISSIO~INUTES April 7, 1992 Page 5 Ms. Soroosh, 18252 Purdue Dr., urged the Commission to approve the Use Permit. She stated the service it offers out weighs the burden it generates. Ms. Soroosh stated the concerns raised can be mitigated and explained this. Ms. Maria Lyon read a letter addressed to the Commission. She stated in-home day care is preferable to most parents. Mr. Gerry Price, Baylor Ave., expressed concern about cars parking on Baylor Ave. in front of his house and using the day care. He stated there are no sidewalks and this is a safety issue. Mr. Earl Anderson presented the Commission with a petition from the neighbors against the Use Permit. He stated beyond six children, traffic and noise become a problem. Mr. Anderson noted he has not seen the applicant use his garage for parking cars. Mr. Anderson addressed the CC&R's of the homeowners. Assistant City Attorney stated that the State Statue which regulates day care homes, specifically says that any CC&R's are void when dealing with day care. Resident, 20276 Purdue Dr., President, Homeowners Association, expressed concern about traffic, noise and safety. He stated 45 homeowners signed a petition to deny the Use Permit. Ms. Helen Fathali, 18444 Purdue Dr., stated this is the first time they have heard complaints from the neighbors and they are more than willing to work with them. She stated noise will not be an issue as the children are different ages and play at different times. She stated that most of the neighbors who signed the petition were under the understanding that the day care would be expanded to 20 children. She stated at this point the garage is not used for cars but for storage, but they are willing to use it for cars if required. She stated if safety was an issue the parents of the children would be concerned. Ms. Fathali stated they are providing a service to the community and it would not be economically viable to be limited to six children. In response to Commissioners questions Ms. Fathali explained the operation of the day care and how many children attend. She also noted that 5 cars belong to family members. She stated they do not have a problem with parking because of staggered pick-up times. Mr. Bill Collins also stated the neighbors who signed the petition believed the day care was to be extended to more than 12 children. He suggested a condition in the Use Permit that would prohibit parking on the street. He stated ,safety is not an issue and noted that day care is a needed entity. Mrs Nelson, 18276 Purdue Ave., stated people who signed the petition were aware that the number was 7 to 12 children. Ms. Soroosh stated that not all the neighbors saw the petition. PLANNING COMMISSIO~INUTES 'April 7, 1992 Page 6 Mr. Anderson concurred with Mrs Nelson. Mr. Ed Clements stated it was not outlined in the petition that the Use Permit was for 7 to 12 children. He stated the applicant is willing to work with the City and neighbors. Mr. Evans, 18420 Purdue Dr., stated the neighbors are concerned about the expansion from six children to 12. He noted the neighbors are concerned about safety for themselves as well as for the children. Mr. Evans stated the neighbors were aware of the intention of the petition. In response to Com. Bogosian's questions, the City Attorney stated conditions can be added to the Use Permit, but must be directly addressed to traffic, noise and parking. She also noted that the City can not be held liable on the grounds of granting a Use Permit. The City Attorney explained State Law and regulations regarding day care. She also explained the CC&R's. In response to Chr. Caldwell's question, Planner Walgren stated the noise was not an issue because of the noise from Quito Rd. He stated the noise levels were not measured, but staff did visit the site. FAVERO/BOGOSIAN MOVED TO DENY UP-91-008 SUBJECT TO THE FOLLOWING FINDINGS: 1. CONFLICT WITH ZONING REGULATION, 2. NOISE, PARKING AND SAFETY NEED'TO BE ADDRESSED, 3. INTENSIFIED LAND USE, 5. OPPOSITION FROM RESIDENTS. ALSO SUBJECT TO THE FINDINGS IN THE DRAFT RESOLUTION. Com. Bogosian expressed concern regarding the safety issue and also felt the nature of the noise is an issue. Com. Moran stated she visited the site and it is not well located. She noted the applicant is willing to work with staff and the neighbors. She suggested granting the Use Permit for a limited time period to see how it works. Chr. Caldwell expressed concern about the limited visibility from the perspective of a driver at the corner where the facility is located and safety issues. She stated the neighbors have addressed the issue of increased noise associated with doubling the number of children at the facility turnaround, as suggested, is not feasible and noted the neighbors do not want the expansion. The above motion was carried 3-1 (Moran No) 5. DR-91-059.1 - Thomas, 14000 Pike Rd., request for modifica- tion to an approved project to construct a 4 ft. high retaining wall and deposit approximately 900 cu. yds. of additional fill per Chapter 15 of the City Code. The project PLANNING COMMISSIO~INUTES April 7, 1992 Page 7 site is 2.12 acres in size and is located in the NHR zone district. -------------------------------------------------------------- Planner Walgren presented the staff report dated April 7, 1992. He noted the minor modifications as outlined in the staff report. Chr. Caldwell stated she will abstain from this item as she has not had the opportunity to review the tapes from the last hearing. In response to Com. Moran's question, Planner Walgren stated there is not a fence proposed, but if one is, it would need to be at least 5 ft. from the retaining wall. Chr. Caldwell opened the public hearing at 10:10 p.m. Mr. David Thomas, 14000 Pike Rd, explained the original proposal and requested that the fence be placed on the property line as originally requested. He stated the 24" box tree to be planted, as required by staff, will have to be place on his neighbors property and he does not wish to do this. BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0. BOGOSIAN/FAVERO MOVED TO APPROVE APPLICATION DR-91-059.1 REMOVING THE CONDITION WHICH REQUIRES THE WALL TO BE SET IN 10 FT. PASSED 3-0-1 (Caldwell abstain) 6. GP-91-001 - City of Saratoga, General Plan Amendments to include policy statements in the Safety and Conservation Elements related to winterization of hillside construction sites. Associate Planner Adar presented the staff report dated April 7, 1992. She stated staff recommends the Planning Commission review the policy statement and implementation and direct staff to prepare a draft resolution with any revisions. She stated this would be continued to April 22, 1992 for final review. She stated the main problem is with construction not complete before the rainy season. In response to Com. Bogosian's question about winter grading provisions, Ms. Adar stated, after consulting with the City Engineer, it was decided not to have a specific time period that grading would not be allowed, but to deal with it on a case by case basis. City Manager Peacock explained the City Engineer's requirements from applicants. The Commissioners discussed the safety element, Ms. Adar stated the safety element was updated in 1987, but the City can update it when deemed necessary. Chr. Caldwell opened the public hearing at 10:40 p.m. Chr. Caldwell closed the public hearing. PLANNING COMMISSIO~INUTES April 7, 1992 Page 8 It was a consensus of the Commission to place this on the consent calendar for the next meeting with revisions made by Commissioners. 2. HR - Hillside Residential Zone District - Combined District of the NHR and HC-RD Zone Districts, Articles 15-13 and 15-14 of the City Code. In response to Com. Moran's question, Ms. Adar explained the noticing for these hearings. City Manager Peacock stated there are few parcels of land which will be effected by this zoning. Com. Moran suggested that staff notify the property owners in the HC-RD zone district. Ms. Adar stated staff is in the process of completing the major ridge line map, which will include this area and the Planning Commission will review this. Ms. Adar stated that height restrictions, rear setbacks and clustering will be changed. She noted staff do not anticipate major concerns. Com. Moran made the following changes: Page 7 (b) should read "To encourage development on gently sloping sites having natural screening features in preference to development on steep, visually exposed sites." Page 8, section S15-13.040 add the word "or" before "noise" In response to Com. Moran's question, City Manager Peacock explained what a "model home" is. Chr. Caldwell requested that staff place application of the NHR Specific Plan to list the entire zoning district, on the agenda for discussion and consideration. She stated if this requires a General Plan Amendment, this would be her recommendation. BOGOSIAN/FAVERO MOVED TO RECOMMEND TO THE CITY COUNCIL ADOPTION OF THE COMBINATION OF THE NHR AND HC-RD ZONING DISTRICT WITH THE REVISED CHANGES. PASSED 4-0. DIRECTOR'S ITEMS 1. Review of amended guidelines regarding modifications to approved plan sets. Chr. Caldwell outlined minor changes to the guidelines as follows: 4. Landscaping for screening - No change allowed. The landscape plan must show conditions specified by the Commission. The determination of whether or not the screening is adequate to meet the conditions shall be made prior to issuance of a zoning clearance. _. PLANNING COMMISSIO~INUTES "April 7, 1992 Page 9 5. Change in materials - A change which affects 1/4 of the area of any elevation or makes the elevation appear bulky must be approved by the Commission. 6. Change in windows/doors - An inclusion of a smaller or larger window, relocation of a window or door, addition of a window or door, deletion of a window or door is acceptable unless there is a potential impact on privacy. Chr. Caldwell stated that #7 needs to be clarified. City Manager Peacock stated the need for a common point of reference to measure from. Chr. Caldwell suggested that #7 be reviewed to use a fixed data point. Planner Walgren stated he would have to consult with the City Engineer regarding this issue. Chr. Caldwell questioned #9. She asked if it should be 25 s.f. or a certain percentage, whichever is less? Planner Walgren stated there has not be significant problems with the minor modifications. Associate Planner Adar stated an applicant has other criteria to meet when requesting an addition. 10. Preservation of landscaping - Only those trees designated for removal or preservation shall be removed or retained, respectively. Any modification to the approved plans in order to preserve existing landscaping which modification is not shown on the plans, must be approved by the Commission. li. Location of accessory structure - Accessory structures approved by the Commission must be constructed within 5" of the proposed location as designated on the approved plans, and within the regulations of the zoning ordinance. Planner Walgren stated an applicant is reducing his house by 50 s.f. and asked if the Commission would be willing to consider specifying whether the change in square footage should specify increase or decrease. The Commissioners discussed the above request and there was a consensus to leave the condition as is. 2. Expanded operational definitions of the terms "material changes", "ascertainable change", and "adverse impact on surrounding area". Chr. Caldwell stated the terms need more clarification. _ PLANNING COMMISSIOT~'1~RINUTES April 7, 1992 Page 10 City Manager Peacock explained "material changes" and suggested leaving as is. Chr. Caldwell requesting reviewing the final draft. COMMISSION ITEMS - None COMMUNICATIONS Written 1. Memo from Asst. City Attorney re: Cancellieri Application 2. City Council Minutes - 3/4 and 3/10/92 The Commissioners discussed the memo from the Assistant City Attorney. Chr. Caldwell stated she received a letter from Faye Mongraw. Planner Walgren stated the letter has be forwarded to the City Council. City Manager Peacock explained the situation. Chr. Caldwell stated a letter should be sent to Ms. Mongraw. Chr. Caldwell stated she received a letter from Meg Giberson and would submit a copy to staff. Chr. Caldwell stated there is ~a continual problem with the Commission noticing practice and suggested this be addressed at a study session. Planner Walgren stated this can be scheduled for May 5, 1992. Planner Walgren stated, as a result of the City Council's request, the Assistant City Administrator is requesting the participation of a Commissioner to attend the Library Commission meetings. He noted they meet once a month. Com. Moran suggested this be placed on the agenda for the next meeting. Com. Favero commented on the public hearing process. He stated applicants should be allowed to address the Council more than once, if requested. Associate Planner Adar stated staff request an extension for their report back to the Planning Commission on the Satellite Dish Antenna policy. Oral None cr PLANNING COMMISSIINUTES 'April 7, 1992 Page 11 City Council - None ADJOURNMENT The meeting adjourned at 11:30 p.m.to 7:30 p.m. on April 14th in the Senior Adult Day Care Center, 19655 Allendale Avenue.