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HomeMy WebLinkAbout07-22-1992 Planning Commission Minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES July 22, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting -------------------------------------------------------------------------------------------------------------------- The meeting was called to order by Chairperson Caldwell at 7:32 p.m. ROLL CALL Present: Chairperson Caldwell, Commissioners Bogosian, Moran, Forbes, Favero and Durket Absent: None PLEDGE OF ALLEGIANCE MINUTES Minutes of July 8, 1992 Page 11, 6th paragraph from the bottom "Feldheym" should be placed in the blank that appears in the second line. City Attorney had the following corrections: Page 5, 3rd paragraph, 2nd line, the word "therefore" should be deleted. Page 5, 3rd paragraph, last full line, the words "without renoticing" should be added after the word "hearing". Page 7, 2nd paragraph from the bottom of the page, add the words "a condition on" after the "approve" in the second line Commissioner Forbes had the following correction: Page 4, 5th paragraph, 4th line, the number "$50,000" should be corrected to "$15,000". Commissioner Bogosian had the following corrections: Page 12, 1st paragraph, the words "and others should be added to the end of the sentence. Planning Commission Min~.,ies • Meeting of July 22, 1992 Page 2 Page 13, 4th paragraph, the following should be added at the end of the paragraph. "Commissioner Bogosian felt that a denial of the variance would deny the applicant reasonable use of his property. He also felt that the existing trees and vegetation made it difficult to place the structure elsewhere on the property." Chairperson Caldwell had the following corrections: Page 4, 4th paragraph, the paragraph should end after the words "40 foot easement." and the words "so a bike lane could be encouraged" should be deleted. Page 5, last paragraph, should read "Chairperson Caldwell, Commissioners Bogosian, Durket, and Favero expressed support in waiting to deliberate on the item until the formally noticed public hearing at the August 12 Planning Commission meeting. Commissioner Forbes..." Page 6, the middle of the page, should read "Chairperson Caldwell noted that a petition had been submitted to the Commission from neighbors opposing the second story addition at the last public hearing..." Page 11, 5th paragraph from the bottom, the following should be added at the end of the paragraph: "Planning Director Curtis indicated that the appropriate place for language reflecting the absence of industrial land in Saratoga would be in the Land Use Element of the General Plan and this language would be presented to the Commission at a meeting scheduled to review the Land Use Element. BOGOSIAN/FORGES MOVED TO APPROVE THE MINUTES OF JULY 8, 1992, AS AMENDED ABOVE. Passed 5-0 (Commissioner Moran abstained). ORAL COMMUNICATIONS Tom Rettick, Larchmont Avenue, addressed the Commission on the issue of his neighbor's tree limbs extending over his property. He explained that he had trimmed the branches which hung over his property, but was unable to reach the top branches and therefore would have to call in and bear the cost of a professional tree trimmer to cut the top branches. He expressed support for the Commission to initiate an ordinance which would make the owner of the tree responsible for the cost of trimming the tree. Chairperson Caldwell explained that the issue of how neighbors deal with the responsibilities of tree trimming and etc. has been brought up before and discussed by a subcommittee and that the tree ordinance is on the work agenda, but had been given a low priority. Planning Commission Mies Meeting of July 22, 1992 Page 3 City Attorney suggested that the Commission could direct staff to research the issues involved and the role of the City in these issues and write a report for the Commission's review. Planner Walgren answered questions from the Commission and explained that there was nothing in the Zoning or Land Use Code with regard to the responsibilities of a tree owner to keep his trees trimmed, but he thought that there were State laws that specifically outlined property rights. Commissioner Bogosian stated that he felt this was a civil matter and that the City should not get involved. Commissioners Moran and Forbes expressed support for staff looking into the issue and presenting a report to the Commission. Chairperson Caldwell stated that she felt this type of issue needed further discussion and that possibly the tree ordinance should be given a higher priority. She spoke in favor of staff researching and submitting a report with regard to the tree issues. She also suggested that Mr. Rettig addressed the Commission on this issue again when the Tree Ordinance comes up for review. THERE WAS CONSENSUS TO DIRECT STAFF TO RESEARCH THE CITY CODE FOR ANY ROLE THAT THE CITY MAY PLAY IN ORDER TO ASSIST MR. RETTIG AND TO PRESENT A BRIEF REPORT WITH REGARD TO THIS ISSUE AT THE AUGUST 12, 1992 PLANNING COMMISSION MEETING. 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 Planner Walgren made the following Technical corrections to the packet: Item #4, page 51, Condition 6d, should read: "Curves: Driveway shall have a minimum radius of 32 feet or an equivalent driveway approved by the Saratoga Fire District." Item #7, page 76, the two references to the public hearing date of June 22, 1992, one in Section 1 and the second in the last paragraph, should be changed to July 22, 1992. Item #8, page 90, the two references to the public hearing date of July 8, 1992, one in Section 1 and the other in the last paragraph, should be changed to July 22, 1992. 'Planning Commission Mies Meeting of July 22, 1992 Page 4 Planner Walgren also noted a letter received from Gertrude Welsh, Administrator of the Council of Churches' Affordable Housing Program. Planner Walgren stated that the issues mentioned in the letter would be discussed at the August 12 Planning Commission meeting. PUBLIC HEARING CONSENT CALENDAR 1. V-92-006 - Pohle, 15135 Camino Grande, request for variance approval to allow a garage addition to encroach approximately 15 ft. into the required 20 ft. side yard, setback and to exceed the allowable impervious coverage by approximately 8% per Chapter 15 of the City Code. The parcel is 1.09 acres in net site area and is located in the R-1-40,000 zone district (cont. from 7/8/92 to prepare and adopt a resolution to approve the variance request). --------------------------------------------------------------=----------------------------------------------------- Chairperson Caldwell suggested paragraph b of Resolution V-92-006 mention that the addition will not increase the impervious coverage on the property. BOGOSIAN/FORGES MOVED APPROVAL OF V-92-006 AS AMENDED. PASSED 5- 0 (COMMISSIONER MORAN ABSTAINED). PUBLIC HEARINGS 2. SUP-91-005 - McCullough, 14985 & 14981 Quito Rd., request V-91-013 - for second-unit use permit approval to allow two existing second dwelling units, located on contiguous separate parcels, tc be legalized pursuant to. Chapter 15 of the City Code. Variance consideration is also requested to allow a third dwelling unit to remain on the back parcel. The subject parcels are 1.1 and 1.2 acres in size (cont. from.?/8/92 to prepare and adopt a resolution to approve the variance request. The second unit resolution was adopted at the previous meeting). --------------------------------------------------------------------------------------------------------------- Commissioner Moran stated that she would not be voting on this item due to her absence at the July 8, 1992 public hearing on this item. Planner Walgren presented a brief Report on the item. Chairperson Caldwell opened the public hearing at 8:00 p.m. Martin Levich, representing the applicant, spoke in support of the application and stated that Resolution V-92-006 was acceptable to his client. Planning Commission Mies Meeting of July 22, 1992 Page 5 FAVERO/FORGES MOVED TO CLOSE THE PUBLIC HEARING AT 8:01 P.M. PASSED 5-0. DURKET/BOGOSIAN MOVED TO APPROVE V-92-006. Commissioner Forbes stated that approval of this application would send the wrong message to the citizens of Saratoga. He explained that many citizens try to obey the City Codes and approval of this application rewards a resident who has not followed the City Code. Commissioner Favero concurred with Commissioner Forbes' comments and added that he saw no room for compromise or exploration of various alternatives on the part of the Commission at the last public hearing. He stated that he favored reaching some sort of compromise between the neighbors, the tenants of the units and Mrs. Mc Cullough, the property owner, and therefore would not support the motion for approval. THE MOTION PASSED 3-2 (COMMISSIONER FAVERO AND FORGES OPPOSED AND COMMISSIONER MORAN ABSTAINED). 3. DR-90-002.1 - McMullin/Nelson, 15160 Sobey Rd., request to modify approved plans to construct atwo-story 6,029 sq. ft. single family home. The modification consists of reorienting the building footprint and driveway access and to remove two ordinance protected trees on a 1.3 acre parcel in the R-1-40,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated July 22, 1992, and answered questions from the Commission with regard to the application. Chairperson Caldwell opened the public hearing at 8:06 p.m. John Nelson, applicant, 15160 Sobey Road, spoke in favor of his application, addressed the issue of the requested tree removals, submitted letters of support for the project from the neighbors, and answered questions from the Commission with regard to the project. MORAN/FAVERO MOVED TO CLOSE THE PUBLIC HEARING AT 8:13 P.M. PASSED 6-0. FAVERO/DURKET MOVED TO APPROVE DR-90-002.1. Commissioner Moran stated that she would like to request that careful review be given to the landscape plan when submitted. She also stated that Exhibit "C" was very helpful. Plannin Commission Mir'IL~es 9 Meeting of July 22, 1992 Page 6 THE MOTION PASSED 6-0. 4. DR-92-004 - Svoboda, Mt. Eden Winery Rd., request for design review approval to construct a new two-story 5,878 sq. ft. residence on a 5.15 acre site within the City's Northwestern Hillside Residential zone district. Design review is required pursuant to Chapter 15 of the City Code. Planner Walgren presented the Report dated July 22, 1992 to the Commission. He also addressed issues raised in a letter received from Mr Anderson and answered questions from the Commission with regard to the application. The Commission was given the material and color board for their review. Chairperson Caldwell opened the public hearing at 8:25 p.m. Bill Svoboda, applicant, spoke in favor of the application. He stated that the neighbors had reviewed the proposed plans and had no objections. He also addressed the design, modifications that had been made since the first application, and the issue of the trace fault lines which exist on the property. FORBES/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:30 P.M. PASSED 6-0. FORBES/CALDWELL MOVED TO APPROVE DR-92-004. (COMMISSIONER CALDWELL STATED THAT SHE HAD SECONDED THE MOTION FOR THE SAKE OF DISCUSSION.) Commissioner Bogosian stated that he could not support the application as proposed because it contravenes with policies of the Design Review Handbook Guidelines: 1. The proposed structure does not minimize the perception of bulk nor does it follow the contours of the land -the building needs some stepping back; 2. The house presents excessive height and mass, especially the east elevation with the tower-like wings on each end. He also stated that he felt the proposed color is too light, therefore preventing the house from blending in with its surroundings; and 3. The proposed structure tends to block the view from other locations because of the height issue. Commissioner Favero explained that because of the Commission's earlier approval of three dwelling units on a one acre site N-91-013 -McCullough application), he could not justify nit-picking an application to build one single-family residence on a 5 acre parcel because of its shape or color. He stated that he would be supporting approval of the application. Planning Commission Minutes Meeting of July 22, 1992 Page 7 Commissioner Moran expressed concern with the length of the house and spoke in favor of a reduction in the length. Commissioner Durket stated that he felt the site to be a prominent parcel and expressed concern with the light color and the structures perception of excessive bulk and height. He expressed support for viewing an alternative design, but would be willing to consider the proposed design with a darker, earth-tone color. Chairperson Caldwell stated that she also felt the site to be a prominent one, but would be willing to go along with the motion if a darker color were to be proposed. The applicant indicated that he would be willing to propose a darker color for the house. CHAIRPERSON CALDWELL ADDED THE CONDITION THAT THE COLOR BOARD PRESENTING DARKER EARTHTONE COLORS FOR THE HOUSE COME BACK BEFORE THE PLANNING COMMISSION FOR REVIEW AND FINAL APPROVAL. COMMISSIONER FORBES, AS MAKER OF THE MOTION, ACCEPTED THE ADDED CONDITION TO THE MOTION. Commissioner Moran stated that after listening to the discussion, she would be willing to support the application with the added condition regarding the change in the proposed colors. THE MOTION (WITH THE ABOVE ADDED CONDITION) PASSED 5-1 (COMMISSIONER BOGOSIAN OPPOSED). The Commission took a break at 8:42 p.m. The meeting was reconvened at 8:50 p.m. 5. Administrative Appeal - Troutman, 13070 Regan Ln., request for Planning 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 July 22, 1992. He presented an option for the Commission to consider. He explained that the City could let the driveway remain for the time being and issue a final occupancy permit (to allow the applicants to move into their house) and at the same time collect a security deposit for the removal of the driveway. This would allow the driveway to remain until the proposed amendments to the impervious coverage regulations, which are scheduled for review Plannin ommission M'nu es gC i t Meeting of July 22, 1992 Page 8 in the near future, are ruled on. He explained that should the proposed amendments to the impervious coverage regulation be approved, the applicant's driveway would then be in compliance and the security deposit returned to the applicant. If the amendments were not adopted, the driveway would have to be removed. Planner Walgren also answered questions from the Commission. Chairperson Caldwell opened the public hearing at 8:55 p.m. Mr. Troutman, applicant 13070 Regan Lane, ~ spoke in favor of his application and opposed the idea of posting a bond and waiting for the City's ruling on the amendments to the impervious coverage regulations. He explained that backing out of a single, straight driveway would be difficult and dangerous. He spoke to the precedent set by a previous approval granted to a similar application. He asked the Commission to support his appeal of the administrative decision so the driveway could remain. DURKET/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:02 P.M. PASSED 6-0. Commissioner Durket supported denial of the appeal and supported the idea presented by Planner Walgren which would allow the applicant to post a security deposit in order to wait for the City's consideration of the proposed amendments to the impervious coverage regulations. Commission Forbes stated that he would support the appeal to allow the applicant's driveway to remain. Commissioner Moran spoke in support of the applicant posting a security deposit and waiting for the City's consideration of the amendments to the impervious coverage regulations. She also explained that should the impervious coverage amendments not be adopted, she could support the applicant's request to allow the driveway to remain. Chairperson Caldwell spoke in favor of denying the appeal and supported the idea of the applicant posting a security deposit allowing the driveway to remain until the City's consideration of the amendments to the impervious coverage regulations. She stated that she could not find a safety reason for granting the variance. DURKET/CALDWELL MOVED TO DENY MR. TROUTMAN'S APPEAL. PASSED 5-1 (FORGES OPPOSED). There was Commission consensus for staff to give the applicant the option of posting a security deposit which would allow the driveway to remain until the City's review and ruling on the proposed amendments to the impervious coverage regulations. Planning Commission Mii'~tes Meeting of July 22, 1992 Page 9 Commissioner Bogosian stated that although he supported the idea of the applicant posting a security deposit to await the City's upcoming review of the amendments, he did not feel comfortable linking Commission's decisions to what may or may not happen in the future. 6. SM-92-002 - Haladus, 13937 Albar Ct., request for site modification to previously approved development plans in order to construct a pool and spa with rock decking per Chapter 14 of the City Code. The parcel is approximately 1.2 acres in gross site area and is located in the NHR zone district. --Planner Walgren presented the Report dated July 22, 1992 to the Commission and also answered questions with regard to the application. Chairperson Caldwell opened the public hearing at 9:14 p.m. There was no one wishing to speak. DURKET/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:14 P.M. PASSED 6-0. DURKET/MORAN MOVED TO APPROVE SM-92-002. Commissioner Forbes expressed opposition to the application because he felt that the proposed pool and deck would be too close to the existing oak trees and that the proposed pool and deck would be wide open to view from the street. Commissioner Moran also expressed concern regarding the screening of the pool and deck. Commissioner Bogosian stated that he had visited the site and thought it to be well screened. THE MOTION PASSED 5-1 (FORGES OPPOSED). Commissioner Favero excused himself from the meeting at 9:23 p.m. 7. AZO-92-001 - City of Saratoga, Amendment to the Fence Ordinance -Article 15-29 of the City Code, consideration of amendments to the Fence Ordinance, Article 15-29, relating to fences and walls along Heritage lanes. This item was first considered by the Planning Commission at their 1/22/92 meeting and was continued for review at Planning Commission study sessions. A Negative Declaration has been prepared for this project (cont. from 7/22/92 due to the late hour of the meeting). .~ • Planning Commission Mir Lutes Meeting of July 22, 1992 Page 10 Planner Walgren presented the Report dated July 8, 1992 and answered questions from the Commission. Chairperson Caldwell opened the public hearing at 9:26 p.m. There was no one wishing to speak. MORAN/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 9:26 P.M. PASSED 5-0. MORAN/DURKET MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AZO-92-001. PASSED 5-0. S. AZO-92-003 - City of Saratoga, Amendment to Zoning Regulations, consideration of amendments to zoning regulations in the R-1 zone districts, Article 15-12 to the City Code. The amendments are related to the allowable impervious coverage, the purpose of which is to eliminate existing nonconforming situations. A Negative Declaration has been prepared for this project (cont. from 7/22/92 due to the late hour of the meeting). ------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated July 8, 1992 and answered questions from the Commission. Chairperson Caldwell noted that on page 88, Section 15-12.080 "Site Coverage" should include, for clarification, the language regarding driveway exemptions which appears in the current ordinance. Planner Walgren indicated that the language. would be placed in the new ordinance, Chairperson Caldwell opened the public hearing at 9:30 p.m. There was no one wishing to speak. MORAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:30 P.M PASSED 5-0. ' BOGOSIAN/DURKET MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AZO-92-003 WITH THE ABOVE NOTED MODIFICATION. PASSED 5-0. •~ ^ Planning Commission h'~;nutes ' Meeting of July 22, 1992 Page 11 COMMISSION ITEMS Commissioner Bogosian suggested that staff be directed to draft specifications for site poles and that these specifications be given to applicants to use as guidelines when designing and installing site poles. It was the consensus of the Commission that the specifications at least include: - Minimum requirement of two site poles - 2" x 4" should be used for the poles - The poles be made visible by painting them white and placing some kind of flag on the top of each of the poles. Commissioner Durket announced that he would be present at the August 12, 1992 Planning Commission meeting. He had reported at the last meeting that he would be out of town and unable to attend the August 12 meeting. Chairperson Caldwell submitted an article to staff from the Metro written on the Kerwin Ranch and requested that it be included in the Commission's next meeting packet. COMMUNICATIONS Written Oral City Council ADJOURNMENT At 9:35 p.m. Chairperson Caldwell adjourned the meeting. Andrea M. Chelemengos Minutes Clerk