HomeMy WebLinkAbout04-22-1992 Planning Commission minutes- CITY OF SARATOGA PLANNING COMMISSION
MINUTES
April 22, 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
Present: Chairperson Caldwell, Commissioners Favero, Forbes, Tucker, Bogosian,
Moran and Durket (Commissioner Durket arrived at 7:33 p.m. as noted)
Absent: None
Commissioner Durket arrived at 7:33 p.m.
PLEDGE OF ALLEGIANCE
MINUTES
Minutes of April 7, 1992
Chairperson Caldwell had the following corrections:
Page 3, paragraph 1, 6th line up, the words "house size" should be replaced
with the words "living area of the house".
Page 6, paragraph 3 from the bottom of the page should read: "Chairperson
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 and staff should..."
Page 6, the motion made by Favero/Bogosian, finding 1 should have the word
"Regulation" added after Zoning.
Page 10, middle of the page, second paragraph that begins with Chairperson
Caldwell, should read: "Chairperson Caldwell stated there is a continual
problem with the Commission noticing practice and suggested this be
addressed at a study session."
Commissioner Bogosian had the following changes:
Page 4, second paragraph, fourth line, should read: "He noted that the
applicant had not pursued studies for. drainage etc. and now he should
investigate the possibility of lowering the building."
Plannin Commission Mir~iGres
9
Meeting of April 22, 1992
Page Two
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Page 7, second paragraph down from Item 6, the paragraph should read: "In
response to Commissioner Bogosian's question about winter grading
provisions, Ms. Adar stated..."
BOGOSIAN/FAVERO MOVED TO APPROVE THE MINUTES OF APRIL 7, 1992, AS
AMENDED ABOVE. Passed 4-0-3 (Comm. Durket, Forbes and Tucker abstained.)
ORAL COMMUNICATIONS
Ray Sinsley, 12280 Farr Ranch Road, spoke in regard to the house at 15229 Keydora
which he is presently constructing. He stated that the parcel was a result of a 3-lot
split and after the approval was granted, the Planning Commission in reviewing the
landscaping plans granted the developer at the time, Peter Olsen, permission to save
the old Adobe wall and move it into the easement. When Mr. Sinsley began building
the house he discovered that the wall was not accurately identified on the map. He
received a red tag to halt construction and was advised by staff that the wall had to
be moved to the easement before he could continue construction. He had met
several times with staff and the Acting Planning Director, Eisner, and had not received
adequate direction/assistance with working out the problem with the wall and its
placement. Mr. Sinsley stated that he did not think it fair for him to pay a fee in order
to put the issue on the Planning Commission agenda since he did not create the
original problem.
Chr. Caldwell expressed understanding for his problem and stated that the City now
has a new Planning Director and that the matter should be taken up with the Director.
Mr. Sinsley agreed to do so.
Comm. Bogosian directed staff to write a memo for next Planning Commission packet
informing the Commission of the status of this issue.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on February 7, 1992.
Technical Corrections to Packet
There were no technical corrections to the packet.
PUBLIC HEARING CONSENT CALENDAR
1. DR-92-006 - Black, 18532 Paseo Pueblo, request to construct a 796 sq. ft.
second-story addition and 175 sq. ft. of first floor area to an
existing 2,284 sq. ft. one-story residence, per Chapter 15 of the
City Code. The parcel is approximately 11,543 sq. ft. and is
Planning Commission Mires
Meeting of April 22, 1992
Page Three
located in an R-1-10,000 zone district (Cont. to an unspecified
date to allow applicant to address staff concerns. The item will be
renoticed for a future date).
Item 2, Kinnier - DR-91-064 and V-91-017, and Item 3, Lin - DR-88-057 were removed
from the consent calendar.
MORAN/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED
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. 4-0 from 4/7/92 to
adopt denial resolutions).
Comm. Moran asked that the resolution reflect more thoroughly the concerns that
were raised by the Planning Commission. In particular, the Commission's concern
with privacy not only in the rear yards of the existing residences but also with the
habitable rooms themselves. She also requested that the resolution include wording
to reflect that the Commission felt the proposed side yard setbacks left inadequate
room for landscaping to satisfy their privacy impact concerns.
Planner Walgren offered the following wording to be added to the resolution to
address Comm. Moran's concerns:
Finding 1 - "The project does unreasonably interfere with the surrounding
residents in that the proposed home will overlook and impact the
privacy of both the rear yards and habitable rooms of the
immediately adjacent properties. In addition the proposed 6-foot
side yard setback will not provide sufficient area for planting to
mitigate these impacts and concerns.
MORAN/BOGOSIAN MOVED TO APPROVE RESOLUTION DR-91-064 (FOR
DENIAL OF APPLICATION) WITH THE ABOVE AMENDMENT. PASSED 5-2
(Comm. Durket and Tucker abstained)
MORAN/FORGES MOVED TO APPROVE RESOLUTION V-91-017. PASSED 5-2
(Comm. Durket and Tucker abstained).
~, Plannin Commission Miry tes •
9
' Meeting of April 22, 1992
Page Four
--------------------------------------------------------------------------------------------------------------------3.
DR-88-057 - Lin, 12532 Parker Ranch Ct., request for Planning Commission review of
exterior materials changes to an almost completed home within the
Parker Ranch subdivision. Revised elevations of the residence and a
materials board will be presented at the meeting (cont. from the 4/14/92
regular adjourned meeting).
Planner Walgren gave a brief report on the application and answered questions of the
Commission.
Comm. Moran asked that the Commission be given the color board for their review.
MORAN/TUCKER MOVED TO APPROVE ITEM 3, DR-88-057.
Comm. Forbes stated that the site is very visible and that the original color was
approved after some consideration to the building's visibility and therefore the original
color is essential to the building.
Comm. Durket concurred with Comm. Forbes' comment.
Comm. Tucker stated that she felt that the site was no more visible than other parcels
in the particular area. She commented that she thought the proposed color would
help alleviate some of Comm. Forbes' concerns and that she found the site to have
abundant vegetation that would also help screen the building. For these reasons, she
stated that she was in favor of the material change.
Chr. Caldwell stated that she concurred with the original decision of the Planning
Commission in regard to the item and that the original materials were to help break up
the massive appearance of the building and to integrate it in with the natural grade of
the topography.
THE MOTION FAILED 2-5 (Comm. Caldwell, Favero, Forbes, Bogosian and Durket
opposed).
FORBES/FAVERO MOVED TO DENY THE ADMINISTRATIVE APPROVAL OF THE
MATERIALS CHANGE BASED ON THE FOLLOWING FINDINGS:
1. THAT THE BRICK VENEER IS ESSENTIAL TO THE HIGHLY VISIBLE
SITE; AND
2. THAT THE ORIGINAL MATERIALS HELP TO INTEGRATE THE
BUILDING INTO THE NATURAL TOPOGRAPHY
Comm. Moran asked if there had been a request to change the color or was the color
shown on the materials board the original color approved by the Planning
Commission.
Planning Commission Mires
Meeting of April 22, 1992
Page Five
Planner Walgren stated that due to the City Hall remodel, the original color board was
in storage and could not be accessed so the applicant created another color board
for the meeting, but according the Planner Walgren's recollection, the color board
represented the originally approved color.
Chr. Caldwell stated that she felt the color was suitable for the building, but that the
building needed the brick as originally approved.
THE MOTION PASSED 6-1 (Comm. Tucker opposed).
PUBLIC HEARINGS
4. DR-89-065.1 - Dymand, 21116 Comer Dr., request for aone-
V-89-021.1 - year extension to design review and variance approvals to allow
the construction of a 9,555 sq. ft. two-story residence, in the NHR
zone district, per Chapter 15 of the City Code. Variance approval
was granted to allow exceptions to the "floor area", "impervious
coverage" and "height above a major ridge" standards of the NHR
district.
-------------------------------------------------------- -----------------------------------------------------
Comm. Durket stated that he may have a conflict of interest in regard to the item and
excused himself from the dias.
Planner Walgren presented to the Commission the Report dated April 22, 1992 and
answered questions of the Commission.
Comm. Bogosian asked the City Attorney as to what type of findings must be made
by the Commission to deny the request for an extension.
The City Attorney explained that there must be strong findings to support that the
public health, safety or welfare is somehow now in jeopardy where it wasn't before,
when the original approval was granted.
Chr. Caldwell ask staff if anything had changed since the original approval that would
alter staff's analysis from that which was originally presented to the Commission in
1989.
Planner Walgren explained that the zoning regulations have been amended in
particularly the floor area regulations and grading standards had been changed and
the project would not comply with the current regulations.
Chr. Caldwell asked staff whether the square footage of the strip of land that was
transferred with this project's lot line adjustment had been used to calculate the
allowable floor area for buildings on each of the parcels.
Planning Commission Mires
Meeting of April 22, 1992
Page Six
Planner Walgren explained that the square footage had been used for the F.A.R.
calculation for the Dymand residence only.
Chr. Caldwell opened the public hearing at 8:01 p.m.
Virginia Fanelli, representing the applicant, spoke in favor of the request for a time
extension explaining the circumstances which contributed to the need for a time
extension. She also stated that the neighbors were still in support of the project and
submitted a signed letter expressing this support. She commented that there were no
changes that had occurred with the lot or project that would pose a health, safety or
welfare concern. She also answered the Commissions questions in regard to the
project.
LuAnn Neiman, 13217 Padero Court, spoke in opposition to the application stating
that she had appealed the original approval of the project and presented a packet to
the Commission. She explained that the project denies access to the back of her
property from Padero Court. She also stated that the variances deviated from the
zoning regulations and that the public was not adequately informed as to the amount
and location of the property involved in the original application. She also answered
questions of the Commission.
The City Attorney explained that the easements and lot line adjustments were not the
subject of the hearing, but that only the request for an extension of time on design
review was what was to be considered.
Virginia Fanelli, representing the applicants again addressed the Commission in favor
of the granting the request for an extension of time.
Chr. Caldwell asked that staff address the drainage and erosion concerns expressed
in a letter sent by the Sniffens.
Planner Walgren explained that it was his belief that the Sniffens were concerned with
the potential pavement of the easement and not the request for the extension of time.
Mr. Dymand, applicant, spoke in favor of his application and addressed Comm.
Bogosian's question regarding any action taken by the Dymands to deter the use of
their property by 4-wheel drivers.
Comm. Favero asked Mr. Dymand if he would be willing to alter the square footage of
the house in light of the fact that the zoning regulations had been changed since the
project's original approval and in the objective of preserving the hillside ridgeline.
Comm. Favero also stated that he could not support the request for an extension of
time since the project no longer conformed with the City's objective.
TUCKER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M.
Passed 6-0.
Planning Commission Mies
Meeting of April 22, 1992
Page Seven
TUCKER/BOGOSIAN MOVED TO APPROVE THE REQUEST FOR A ONE YEAR
EXTENSION OF DR-89-085.1 AND V-89-021.
Comm. Forbes stated that he believed that the current regulations should be in effect
for this project since no construction had actually taken place.
City Attorney explained that the request for the extension was the subject of the
decision and that unless there was evidence of a change that would adversely effect
health, safety or welfare, there were no grounds to deny the request. She also
answered other questions of the Commission regarding the subject.
Comm. Favero stated that he felt there were, because of the changes made to the
zoning regulations, sufficient grounds to reconsider the entire project.
Bogosian stated that he would vote to approve the request for extension, but agreed
with Comm. Forbes and Favero that if the design and variance were to be presented
at this time, the application would be looked at differently.
Comm. Moran stated that she could find no health, safety or welfare issues to support
a denial of the request.
Chr. Caldwell stated that she would very reluctantly support the application for an
extension.
THE MOTION PASSED 4-1-1 (Comm. Favero opposed and Comm. Forbes
abstained).
The Commission took a break at 8:50 p.m. and was re-convened at 9:02 p.m.
Comm. Durket re-joined the Commission at the dias.
5. Administrative Lass, 12879 Regan Ln., request for Planning
Appeal Commission consideration of an administrative determination
pursuant to Article 15-90 of the Zoning Regulations. The
appellants are requesting that their proposed "horse-shoe"
driveway be considered exempt from the City's site coverage
requirements based on its necessity for perceived safety
purposes. Staff's investigation determined that no such safety
consideration existed to warrant the exemption.
Planner Walgren presented the Report dated April 22, 1992 and answered the
Commissions questions in regard to the application.
Chr. Caldwell opened the public hearing at 9:06 p.m.
Planning Commission Mies
Meeting of April 22, 1992
Page Eight
Jerry and Mary Pat Lass, applicants, spoke in favor of their application and explained
the various safety factors that warrant their need for ahorse-shoe driveway.
BOGOSIAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:23 P.M.
Passed 7-0.
Commissioner Bogosian stated that he had .visited the site and determined that there
was a great deal of impervious coverage and could not see any safety concerns or
sight/visibility problems and therefore supported a denial of the applicants' request.
All the other Commissioners expressed support for the applicants' request.
Comm. Tucker stated that she felt that the current ordinance regarding impervious
coverage should be revised to allow some leniency. She inquired as to where the
Commission should draw the line on whether to allow or prohibit certain impervious
covers.
Chr. Caldwell and Planning Director Curtis both explained that such determinations for
leniencies could be granted on a case by case basis, based on the observations of
the Commission and the various individual circumstances that come into play in
regard to each site for which such a similar application is made.
FAVERO/MORAN MOVED TO GRANT THE APPLICANTS' APPEAL. Passed 7-1
(Comm. Bogosian opposed).
6. DR-91-065 - Frater, 22100 Mt. Eden Rd., request for
V-91-021 design review approval to construct a 1,842 sq. ft. one and
two-story addition to an existing two-story residence and a
604 sq. ft. addition to an existing garage. The applicant is
also requesting variance approval to exceed the allowable
impervious coverage per Chapter 15 of the City Code. The
total square footage including the residence and accessory
structures will be 8,514 sq. ft. The parcel is approximately
21 acres in area and is located in the NHR zone district.
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Planner Walgren presented the Report dated April 22, 1992 to the Commission. He
stated that a discussion of the City's Park and Trails Master Plan which identifies a
proposed trail system to connect the two parcels immediately to the south (where the
current trail system ends) to the southwestern portion of the subject property which
abuts the unincorporated area had been omitted from the staff's analysis section of
the report. The reason for the extension of the trail is to enable the City, should the
unincorporated area become incorporated, to continue the pedestrian/equestrian trail
into that land. Planner Walgren stated that he had prepared additional wording to add
to the resolution as Condition 26 to reflect this intent. He paraphrased the wording as
follows:
' Planning Commission Mir"Rles i
` Meeting of April 22, 1992
Page Nine
The applicant must comply with the following:
A. The pathway will need to be staked out across the subject
property connected with the terminus of the existing easement on
the lower lot to the south on Parcel 503-9-7 to a point to be
determined along the southwest boundary of the subject property.
B. The purpose of this pathway is to connect future development in
the unincorporated area on Parcel 503-9-8 which is the County
parcel, with the City's equestrian system, therefore prior to the
issuance of a zoning clearance, the actual location of the trail's
end point shall be field determined based on topographical
constraints by Planning staff in consultation with the Park and
Recreation Commission. Further the wording would explain when
the legal description of the easement needs to be recorded and
that the trail would need to be improved per the Parks and Trails
Master Plan.
Chr. Caldwell opened the public hearing at 9:34 p.m.
Mark and Linda Frater, applicants, spoke in favor of their application and stated that
they had no objection to the condition requiring an easement. They also answered
questions of the Commission regarding the project.
MORAN/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:40 P.M.
Passed 7-0.
MORAN/FORBES MOVED TO APPROVE V-91-021.
Chr. Caldwell suggested that the following be added to the end of the last finding of
the variance resolution:
"...in that the increased site coverage is not expected to result in
drainage or run-off problems."
This added wording was agreeable to the mover and the seconder of the motion.
THE MOTION PASSED 7-0.
MORAN/FAVERO MOVED TO APPROVE DR-91-065 WITH THE ADDED
CONDITION FOR THE PEDESTRIAN/EGIUESTRIAN TRAIL EASEMENT. The
motion passed 7-0.
Planning Commission Mir'f6tes
Meeting of April 22, 1992
Page Ten
--------------------------------------------------------------------------------------------------------------------7.
GP-92-001 -City of Saratoga, General Plan Amendments to include policy
statements in the Safety Element related to winterization of
construction sites. A Negative Declaration has been prepared for this
project.
Consideration of General Plan amendments to include
policy statements in the Safety Element to address
winterization and erosion control measures on construction
sites when construction is not completed prior to the rainy
season (Cont. from 4/7/92).
Planner Adar presented the Report dated April 16, 1992 to the Commission.
Chr. Caldwell opened the public hearing at 9:43 p.m.
Since there was no one wishing to speak, FORGES/MORAN MOVED TO CLOSE
THE PUBLIC HEARING AT 9:43 P.M. Passed 7-0.
BOGOSIAN/FORGES MOVED TO APPROVE RESOLUTION GP-92-001. Passed 7-
0.
DIRECTOR'S ITEMS
1. Memo from City Manager re: Impervious Coverage Limits
Planner Adar gave a summary of this item.
Planning Director Curtis stated that the item would not be difficult and suggested that
the issue be addressed at a worksession to be scheduled in June.
Comm. Moran expressed agreement with Mr. Curtis' comment and stated her
preference to deal with the issue sooner rather than later.
Comm. Tucker stated that she would like to compare the old ordinance with the new
proposed ordinance and would like to be given information as to the reasons for the
various changes.
Chairperson Caldwell pointed out that staff had recommended the change to exempt
necessary driveways and decrease allowable coverage limits in R-1 districts and had
promoted this change as one that would not make any difference to the average
homeowner, but would allow some leniency for difficult lots. She suggested that staff
present to the Commission its analytic justification for this recommendation so that the
Planning Commission could determine its validity.
It was agreed that the item would be addressed at a worksession in June.
V Plannin Commission Mir~les
9
` Meeting of April 22, 1992
Page Eleven
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2. Review of modifications to an approved plan set;
Rivoir, 20415 Montalvo Oaks (DR-91-004).
Planner Walgren briefly explained the modifications and answered questions of the
Commission.
Comm. Favero excused himself from the meeting at 10:00 p.m.
Comm. Bogosian, Tucker and Durket indicated that the changes were acceptable to
them.
Comm Moran asked whether the neighbors down the hill had been noticed of the
modifications and stated that she would feel more comfortable if they had been
noticed.
Planner Walgren explained that one site was a vacant parcel and the other an empty
house.
It was the consensus of the Commission that the changes were acceptable and could
be handled at the administrative level.
The Commission also reviewed minor modifications to the project at Lot 22 of the San
Marcos Heights subdivision. The changes were outlined by Planner Walgren. It was
Planning Commission consensus that the modification were acceptable.
3. Selection of Planning Commission representative for the Library Expansion
Committee.
Comm. Bogosian, Planning Commission representative for the Library Expansion
Committee, stated that the meeting was held on a Monday at 4:00 p.m. and because
of his work schedule was unable to attend. , He explained that he had contacted the
Chairperson of the Committee, Ms. Campbell and discussed whether the meeting
times were flexible and could possibly be changed. He expressed a desire to
participate in the Committee if the meetings could be rescheduled.
Planning Director Curtis stated that he would speak with Ms. Campbell to find out
about the meeting schedule.
Comm. Tucker stated that if the meeting times could not be changed she would be
willing to attend. Comm. Moran also volunteered to attend the meetings as an
alternate (when another Planning Commission representative is unable to attend the
meeting).
COMMISSION ITEMS
Comm. Durket reported on the Planning Commission Convention
e
Planning Commission Mir , yes
Meeting of April 22, 1992 ,
Page Twelve
Chr. Caldwell suggested that the Commissioners turn into staff the papers they
received at the convention on that staff could copy them and distribute them to the
other Commissioners.
COMMUNICATIONS
Chr. Caldwell requested that the letter from the Gibersons be distributed to the
Commissioner in their next packet.
Written
1. City Council Minutes - 4/1 /92
2. Heritage Preservation Minutes - 3/11 /92
Oral
City Council
ADJOURNMENT
Chr. Caldwell adjourned the meeting at 10:15 p.m.
Andrea M. Chelemengos
Minutes Clerk