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HomeMy WebLinkAbout05-13-1992 Planning Commission minutes,; ,~` ~ • CITY Or SARATOGA PLANNING COMMISION MINUTES ' May 13, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order by Chairperson Caldwell at 7:35 p.m. ROLL CALL Present: Chairperson Caldwell, Commissioners Tucker, Bogosian, Moran and Durket Absent: Commissioners Favero and Forbes (both excused) PLEDGE OF ALLEGIANCE MINUTES Minutes of April 22, 1992 Commissioner Moran had the following corrections: Page 2 first paragraph under "Oral Communications", Ray Stansley should be corrected to Ray Sinsley. ,, In the same paragraph, third sentence should read: "When Mr. Sinsley began building the house he discovered that the location of the wall was not accurately identified on the map. He received a red tag to halt construction..." Page 3, first paragraph under Kinnier section, fifth line, should read: "She also requested that the resolution include wording to reflect that the Commission felt the proposed side yard setbacks left inadequate room for landscapin to satisfy their privacy concerns." Page 3, third paragraph under Kinnier (labeled Finding 1), sixth line, the word setback should be made plural. City Attorney Faubion had the following correction: Page 6, 4th full paragraph should read: "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 the design review was what was to be considered." Planning Commission Mi~s • Meeting of May 13, 1992 Page Two Commissioner Moran made the following clarification on Page 11, 1st paragraph prior to "Commission Items": "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). Chairperson Caldwell had the following corrections: Page 9, 3/4 down the page, with regard to the wording to be added to the last finding for V-91-021 the word "unexpected" should be replaced with "not expected". Page 10, under "Directors Items" after the paragraph beginning with "Comm. Tucker stated..." the following paragraph should be added: "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." MORAN/TUCKER MOVED TO APPROVE THE MINUTES OF APRIL 22, 1992, AS AMENDED ABOVE. Passed 5-0. ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 8, 1992. Technical Corrections to Packet There were no technical corrections to the packet. Planning Commission M~les • Meeting of May 13, 1992 Page Three PUBLIC HEARING CONSENT CALENDAR 1. CITY OF SARATOGA -Draft Sign Ordinance amendments and reorganization of Article 15-30 of the City Code. (cont. indefinitely to review state law requirements and to fit in Planning Commission work program.) -------------------------------------------------------------------------------------------------------------------- MORAN/DURKET MOVED APPROVAL OF THE PUBLIC HEARING CONSENT CALENDAR. PASSED 5-0. PUBLIC HEARINGS 2. DR-91-062 - Saratoga Pacific Oaks, 14628 Via De Marcos, request for design review approval to construct a new 5,086 sq. ft., two-story residence on a vacant lot per Chapter 15 of the City Code. The residence is situated on a 42,225 sq. ft. parcel located in the R-1- 40,000 zone district. The subject parcel is Lot #21 of the San Marcos Heights subdivision. (cont. from 1 /22/92; application expires 8/15/92). -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated May 13, 1992 and answered questions of the Commission regarding the application. Chairperson Caldwell opened the public hearing at 7:45 p. m. Virginia Fanelli, representing Saratoga Pacific Oaks, gave a presentation in support of the application. She addressed such issues as landscaping, constraints of the subject lot, roof pitch, building height, architectural features of the proposed home, the chosen location of the proposed structure on the lot, and the various steps taken to alleviate perceived mass and bulk of the proposed structure. DURKET/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:52 P.M. PASSED 5-0. Chairperson Caldwell stated that she had reviewed the application materials and record and had made a Land Use visit and felt sufficiently familiar with the application to vote on the application this evening. Commissioner Durket stated that he could not support approval of the application. He explained that none of the changes which he had requested had been made and felt that his concerns regarding mass and bulk, and the height of the proposed structure, as he had expressed at the meeting of January 22, 1992, had not been addressed. Commissioner Tucker stated that she supported approval of the application. Commissioner Bogosian expressed support for the application. Planning Commission M~es • Meeting of May 13, 1992 Page Four --------------------------------------------------------------------------------------------- Commissioner Moran stated that she also was in support of the application. TUCKER/BOGOSIAN MOVED APPROVAL OF DR-91-062. PASSED 41 (Commissioner Durket opposed). 3. DR-91-073 - Tsang, 14581 Sobey Oaks Ct. (Lot #16), request for design review approval to construct a new, 5,528 sq. ft., two-story residence per Chapter 15 of the City Code. The applicant is also requesting a modification to the tentative map conditions of approval regarding required stepped building pads. The parcel is approximately 44,862 sq. ft. in area and is located in an R-1- 40,000 zone district within the Gypsy Hills/Sobey Oaks subdivision. (cont. from 4/8/92; application expires 6/23/92). Planner Walgren presented to the Commission the Report dated May 13, 1992. He made the following amendments to Resolution No. DR-91-073: Page 000028, 1st paragraph, 3rd line, the words "with a pool" should be added after "...5,528 sq. ft., two story residence..." Page 000028, 1st Finding, 5th line, should read "...reducing the overall visual height. In addition, the applicant has stepped the lower pad elevation down an additional 2 ft...". Planner Walgren also answered questions from the Commission with regard to the project. At 8:07 p.m., Chairperson Caldwell opened the public hearing. Ignacious Tsang, 1328 High Street, San Francisco, project architect, presented a model of the proposed home and a photo board of the area. He spoke in support of the application stating that the proposed home wa's compatible with its surrounding homes. He spoke in favor of preserving the, existing landscaping and explained that the home was designed to step down with the slope of the lot to lessen any perception of mass or bulk. He also answered questions of the Commission in regard to the project. Mr. Tsang, applicant, spoke in favor of his application and also answered questions of the Commission. Jerry Lohr, Subdivision Developer, addressed the Commission regarding building plans for the surrounding lots. He explained that only 3 lots would have access onto Sobey Oaks Court and that Lot 18 (another lot within the subdivision) is proposed to be a one-story home set back behind existing trees and therefore, the area will not Planning Commission M~es • Meeting of May 13, 1992 Page Five appear to be as "cluttered" as one might initially think. He expressed support for approval of the application. TUCKER/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 8:17 P.M. PASSED 5-0. Commissioner Durket stated he initially had some concerns regarding the mass and bulk of the proposed home, but after hearing the architect's presentation and seeing the model of the house, could support approval of the application. Commissioner Moran concurred with Commissioner Durket's comments, but added that she would be in favor of a greater difference in the shades of the proposed colors for the first and second floors in order to break up any perceived mass and bulk. Commissioner Tucker stated that she supported approval of the application, including colors, as proposed Commissioner Bogosian concurred with Commissioner Tucker. Chairperson Caldwell stated that she could support approval of the application and the proposed colors. She also commended the applicants on their work in trying to preserve the existing trees on the property. DURKET/MORAN MOVED TO APPROVE DR-91-073 WITH THE AMENDMENTS TO THE RESOLUTION MADE BY STAFF (NOTED ABOVE). PASSED 5-0. 4. Tree Permit - Combellick, 13810 Saratoga Ave., appeal of an #92-38 administrative decision denying a tree removal permit per Chapter 15 of the City Code. The tree denied for removal is an Allepo Pine approximately 27 inches in diameter and is located in the front yard of the property. Planner Walgren presented the Report to the Planning Commission and answered questions of the Commission. At 8:30 p.m., Chairperson Caldwell opened the public hearing. Mr. Combellick, applicant, spoke in favor of his application to overturn the staff's decision to deny a tree removal permit. He presented a picture of the tree and expressed concern regarding safety issues because of the leaning position of the tree. He also submitted samples of the tree's droppings. He stated that he would like to remove the tree and replace it with a more desirable species of tree. He also answered questions from the Commission. Planning Commission M~es • Meeting of May 13, 1992 Page Six --------------------------------------------------------------------------------------- TUCKER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 P.M. PASSED 5-0. Commissioner Bogosian stated that he had discussed the leaning position of the tree and its potential hazard with the City Arbotist. Commission Bogosian stated that the arborist had indicated that should the ground be saturated that the condition of the leaning tree could be exasperated and the tree could possibly fall. Given this information, Commissioner Bogosian stated that he could support overturning the administrative denial of the tree removal permit provided staff's recommendation regarding the planting of an oak tree be followed. Commissioner Moran spoke in favor of reversing the administrative decision and allowing the pine tree to be removed. Commissioners Durket and Tucker concurred with Commissioner Moran. Chairperson Caldwell stated that she could make the findings to support removal of the tree. TUCKER/BOGOSIAN MOVED TO APPROVE THE APPEAL OF TREE REMOVAL PERMIT #92-38. PASSED 5-0. Commissioner Moran stated that she was not in agreement with the particular finding that the tree was in imminent danger of falling. The Commission took a break at 8:35 p.m. The meeting was reconvened at 8:47 p.m. 5. V-92-004 - Urban, 19830 Buckhaven Ln:, request for variance approval to construct a 99 sq. ft. room addition within the exterior side yard setback of a 10,150 sq. ~ft. corner parcel per Chapter 15 of the City Code. The existing house is approximately 2,525 sq. ft. in area and is located within an R-1-10,000 zone district. Planner Walgren presented the Report dated May 13, 1992 and answered questions from the Commission in regard to the application. Chairperson Caldwell opened the public hearing at 8:50 p.m. John of Westbrook Builders briefly explained the project, spoke in favor of the application, and answered questions of the Commission. Mark Urban, applicant, addressed the Commission and explained that he had originally contemplated adding a second story to his existing house, but felt that a one-story addition would be more compatible with the neighborhood. He also explained that his grandmother may come to live with him and the proposed addition would provide the extra room needed. Planning Commission M~es Meeting of May 13, 1992 Page Seven s DURKET/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:55 P.M. PASSED 5-0. DURKET/MORAN MOVED TO APPROVE V-92-004. PASSED 5-0. 6. DR-91-057 - Farsio, 14930 Vintner Ct., request for design review approval to construct a 3,332 sq. ft. detached guest house on a 3.45 acre parcel per Chapter 15 of the City Code. The property is located within the NHR zone district. Planner Walgren presented the Report dated May 13, 1992, to the Commission and answered their questions in regard to the application. City Attorney expressed agreement with the points of analysis outlined by staff in the Report and suggested the following additional points for analysis to help guide the Commissioners' discussion: 1) the size of the structure compared to the main structure; 2) distance from the proposed structure to the main structure and the proposed structure's independent accessibility; and 3) the proposed structure and its use. The City Attorney also stated that there were concerns regarding the proposed structures compliance with the settlement agreement primarily the provisions that appear on page 7 and 8 of the agreement. At 9:00 p.m. Chairperson Caldwell opened the public hearing. Mr. Farsio, applicant, spoke in support of his application stating that the additional living space to be provided by the proposed. structure was needed for his children and their guests, his mother-in-law, and for occasional out-of-town business associates. He explained that due to the configuration of his lot the addition could not be attached to his existing home. He explained that his parcel could not be subdivided that the proposed structure could only be used as an accessory structure, not a primary residence. He also answered questions from the Commission. Mr. and Mrs. Chang, 14900 Vinter Court spoke in opposition to the application stating that the accessory structure was not in compliance with the subdivision agreement. They explained that at the time they purchased their home they were assured that another structure would not be permitted to be built on the 14950 Vinter Court parcel. Mr. Farsio, applicant, again addressed the Commission and explained that the proposed structure was just an expansion of his existing home, but because of lot constraints the structure would be detached from his existing home. MORAN/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 9:15 P.M. PASSED 5-0. Planning Commission M~es Meeting of May 13, 1992 ' Page Eight ------------------------------------------------------------------------------------------ Commissioner Moran stated that she did not feel that the application was consistent with the settlement agreement. She also stated that because of the size of the proposed structure in comparison to the main structure and its independent accessibility she did not feel the proposed structure could be defined as a guest house. She expressed support for directing staff to draft a resolution for denial of the application. Chairperson Caldwell stated that she did not find the proposed structure to be a subordinate use, but a dominant use. She also stated that the structure would be inconsistent with the settlement agreement and could not support an approval of the application. Commissioner Bogosian suggested that the applicant look to some type of underground parking in order to re-locate the proposed structure to the area which is currenlty use for the driveway. He also stated that he did not feel the proposed structure complied with the spirit of the code in regard to a guest cottage and could not support approval of the application. Commissioner Tucker stated that she concurred with her fellow Commissioners' comments and could not support an approval of the application. Commissioner Durket expressed support for denial of the application based on the reasons stated by the previous Commissioners. MORAN/TUCKER MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR DENIAL, WITHOUT PREJUDICE, OF DR-91-057 FOR ON THE REASONS MENTIONED (ABOVE) BY THE COMMISSIONERS. PASSED 5-0. DIRECTOR'S ITEMS 1. DR-91-070; Neuhaus, 12246 Woodside Dr; Review of Final Landscape Plan. Planner Walgren gave a brief report on the proposed landscape plan and answered questions from the Commissioners in regard to the plan. Commissioner Moran stated she was in favor of the staff asking the applicant to provide more landscaping in the front yard. Planner Walgren stated that two more large trees could be required. This was acceptable to Commissioner Moran and the rest of the Planning Commissioners. 2. Informational report related to historic adobe wall at 15321 Quito Road Planner Adar gave an informational report on the background of the adobe wall issue and answered questions from the Commission. Planning Commission M~es Meeting of May 13, 1992 Page Nine Mr. Sinsley, 12280 Far Ranch Road, stated that the issue of the wall did not come up at the meeting of March 3, 1988, as indicated in the May 13, 1992, staff report. He explained, as he recalled, the events surrounding the issue of the adobe wall. He stated that the Planning Commission did not consider the preservation of the wall in any of public hearings that took place on the subdivision. Mr. Sinsley asked that he be presented with a document that shows were the wall must be placed. Planner Adar explained that the landscape map was reviewed by the Planning Commission at a time after the approval of the subdivision map and it was during the review of the landscape plan that the issue of preserving the wall arose. The Planning Commission referred the wall issue to the Heritage Commission for review. The Heritage Commission recommended preservation of the wall and sent the issue back to the Planning Commission. The Planning Commission then added a condition (#42) specifying preservation and location of the wall. Commissioner Tucker stated that she was on the Planning Commission during the course of events surrounding the wall. She stated that the issue of the wall came up at the March 3, 1988 Planning Commission meeting and the Commission did not have strong feelings one way or the other about preserving the wall so the issue was referred to the Heritage Commission. Mr. Boyl, 15231 Quito Road, presented a handout to the Commission. He also recalled the past events regarding the wall and explained that the wall is a historical land mark to the home and the property. He spoke in favor of preserving the wall and stated that he thought an agreement had been made as to where the wall was to be located. He stated he was willing to move the wall to the agreed upon location. Following discussion among the Commissioners and the staff, Chairperson Caldwell stated that the placement of the wall had been determined at the October 23, 1991, meeting of the Historical Preservation Committee, a map showing this location had been prepared, and a condition (#42) regarding the location of the wall had been imposed on the subdivision by the Planning Commission. Chairperson Caldwell explained that Mr. Sinsley may file an application requesting the Planning Commission to modify the subdivision condition with regard to the wall location if he so desired. She concluded that unless Mr. Sinsley filed an application for modification of the subject condition, the condition (regarding the wall location) as it is written in Resolution in SD-87-020, shall be met. COMMISSION ITEMS Commissioner Moran stated that she was in favor bringing the fire safety issues into a more visible place within upcoming revisions of the tree ordinance with regard to tree removal permits. /. . ~~ . Planning Commission M~es Meeting of May 13, 1992 Page Ten ------------------------------------------------------------------------------------------------------------- COMMUNICATIONS Written 1. City Council Minutes - 4/15, 4/20 and 4/21/92 Oral City Council ADJOURNMENT Chairperson Caldwell adjourned the meeting at 10:05 p.m. Andrea M. Chelemengos Minutes Clerk