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HomeMy WebLinkAbout08-12-1992 Planning Commission Minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES August 12, 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 Bogosian, Moran, Forbes, Durket and Favero (arrived at 8:00 p.m.) Absent: None PLEDGE OF ALLEGIANCE MINUTES Minutes of July 22, 1992 Commissioner Moran had the following correction: Page 2, 1st paragraph, under Oral Communications, the spelling of the speaker's name should be corrected to "Reddick" Chairperson Caldwell had the following corrections: Page 7, last paragraph, third line, the word "permit" should be inserted immediately after the words "final occupancy". Page 8, 3rd paragraph from the bottom, the following should be added to the end of the paragraph: She stated that she could not find a safety reason for granting the variance." BOGOSIAN/FORGES MOVED TO APPROVE THE MINUTES OF JULY 22, 1992, AS AMENDED ABOVE. Passed 5-0. ORAL COMMUNICATIONS None planning Commission MinTates Meeting of August 12, 1992 Page 2 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 None PUBLIC HEARINGS 1. SD-91-005 -Kerwin Ranch L.P., 13616 Fruitvale Ave., request for tentative map approval to subdivide an 11.6 acre site into sixteen (16) single family residential parcels ranging from 20,000 to 32,000 sq. ft. in size. The subject property is located at the southeast corner of Saratoga and Fruitvale Avenues, within an R-1-20,000 zone district, and is proposed to be accessed via two cul-de-sacs serving eight (8) parcels each. A mitigated Negative Declaration will be presented at the public hearing for Planning Commission consideration. Public notices describing this application have been redistributed in order to allow the Planning Commission to reopen the public hearing to take new testimony. (cont. 7-0 from 7/8/92; application expires 8/21/92). --------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report to the Commission and answered questions with regard to the project. At 7:45 p.m. Chairperson Caldwell opened the public hearing. Linda Davis, 13616 Fruitvale Avenue, applicant, spoke in favor of the application and urged the Commission reach a decision on the application. She also outlined the various modifications made during the course of the subdivision process. She stated that she felt the cap of $50,000 for the street/intersection improvements (as specified in Condition 7 of Resolution SD-91-005) was excessive and should be limited to $15,000. She also answered questions from the Commission. Jeffrey Hyde, project landscape architect, spoke in favor of the application and briefly explained the intent of the conceptual landscape plan. He also answered questions for the Commission. Carol Machol, Ronnie Way, addressed the Commission and requested that Condition 34 on Page 14 be deleted. She spoke in favor of a 15 foot pedestrian pathway. She also expressed opposition to the City's acquisition of any portion of the land involved in this application. Planning Commission Mi .u es Meeting of August 12, 1992 Page 3 -------------------------------------------------------------------------------------------------------------------- Kathy, 20700 Seville Lane, spoke in favor of the preservation of the natural landscaping on the 3 corner lots and the City's utilization of those lots as an entry way to the City of Saratoga. DURKET/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. PASSED 5-0. Discussion on the following issues commenced among the Planning Commissioners. Landscape Frontage and Buffer Zone Commissioner Favero arrived at 8:00 p.m. There was unanimous support for the 6-foot-wide pedestrian pathway. Chairperson Caldwell stated that she understood that the conceptual plan calls for continuous landscape screening along the fence line not just where trees/shrubs are depicted on the landscape plan. She also stated that she supported the pedestrian pathway being up to 6 feet wide providing enough room for young children to ride their bikes. There was support for Chairperson Caldwell's interpretation of the screening of the fence line with the provision that drought-tolerant, native California plantings be used. Construction Access There was unanimous support from the Commission for Condition 18 on Page 11 with regard to construction traffic access. Landscape Improvement Timing There was Planning Commission consensus for the timing of the landscape improvements as recommended by staff in Resolution SD-91-005. Intersection Contribution Commissioners Durket, Moran, Caldwell and Favero supported the staff's recommendation. Bogosian stated that he was not in favor of the $50,000 contribution from the applicant for the intersection improvements. He explained that he felt that the $50,000 assessment to the developer for the improvements was not substatiated by any scientific evidence on the development impacts related to the intersection. Planning Commission Mir~tes Meeting of August 12, 1992 Page 4 Commissioner Forbes concurred with Commissioner Bogosian's comments and expressed support for putting a cap of $15,000 on the intersection improvements opposed to the staff recommendation of a $50,000 cap. Commissioner Favero stated that his main concern would be for the City having to pick up the bill or a remainder of the cost of the improvements. He stated that he hoped that the proper assessment of the actual cost of the work had been allocated to the applicant. Pedestrian Pathway Between Ronnie Way and Fruitvale Avenue Commissioner Moran inquired as to whether the City would have rights to the 5 foot easements referred to in Condition 34 and if the City would be able to acquire this land. The City Attorney and Staff explained the that 15 foot pedestrian path would have a publicly dedicated ingress/egress easement and the additional 5 feet on either side would be a private easement that the City or the public would have rights over and therefore the land could not revert back to the City. The purpose of the 5 foot easements on either side would be to keep those strips unobstructed by fences and other structures. Planner Walgren explained that the City would incorporate the easements into its Landscaping and Lighting Assessment District and maintain the easements. Commissioner Favero asked whether there had been actions taken to alleviate the concerns expressed with regard to Ronnie Way being developed into vehicular roadway connecting with either Saratoga or Fruitvale Avenue. City Attorney explained that Condition 29 which appears on Page 14, was designed to address and hopefully alleviate this concern. Commissioner Favero stated that he believed that the City should have a moral obligation to adhere to this condition (Condition 29, page 14 of Resolution SD-91-005) and see that, in the future, Ronnie Way is not extended, linked or developed through to Saratoga or Fruitvale Avenues as a vehicular roadway. Chairperson Caldwell and Commissioner Favero spoke in support of removing Condition 34 from Resolution SD-91-005. Chairperson Caldwell stated that she felt the pathway as proposed (15 feet) would be wide enough for its intended purpose and that she could find no safety reasons as to why the additional 10 feet should be required. Commissioners Moran, Forbes, Bogosian and Durket expressed support for retaining Condition 34. 'Planning Commission MirltStes Meeting of August 12, 1992 Page 5 City Acquisition of Part of All of the Kerwin Ranch Commissioner Durket spoke in favor of the City acquiring the corner portion of the land and utilizing it as a gateway to Saratoga. Commissioner Moran concurred with Commissioner Durket and suggested that the Planning Commission write a letter to the City Council expressing their support for the City's acquisition of a portion of this land. Commissioner Bogosian also expressed support for City acquisition of a piece of the land. He stated that the applicant's comments regarding the poor condition of the fruit trees should be taken into account should the City acquire a part of the land and consider retaining it as a Heritage Orchard. He suggested that the City look into utilizing the land as a park. Commissioner Favero spoke in regard to the mixed feelings expressed by the neighbors with regard to a portion of land being developed or acquired by the City and preserved as an Historical Orchard. He stated the mixed feelings expressed by the many residents were a result of their mis-trust of the City and what the City might do with the land in the future. He expressed support for the acquisition of a portion of the land by the City. He stated that he felt that the land is an important element of Saratoga and pointed out that if the City had the money to re-build the City Hall building that there should be funds to purchase a piece of the Kerwin Ranch property. Commissioner Forbes concurred with his fellow Commissioners. Chairperson Caldwell also expressed support for the City's acquisition of a portion of the Kerwin Ranch land. She addressed the issue of the potential reluctancy of the applicant to get involved in such an arrangement with the City due to the length of time required to complete the process. She supported the idea of writing a letter to the City Council expressing the feelings of the Planning Commission with regard to City acquisition of the Kerwin Ranch land. It was the consensus of the Planning Commission to write a letter, to be drafted by either staff or Commissioner Moran, to the City Council conveying the comments and opinions expressed by the Commission with regard to the acquisition of this land. DURKET/BOGOSIAN MOVED TO APPROVE THE NEGATIVE DECLARATION. PASSED 6-0. DURKET/BOGOSIAN MOVED TO APPROVE SD-91-005 WITH THE ADDED CONDITIONS THAT THE PEDESTRIAN PATHWAY BE INCREASED IN WIDTH TO 6 FEET AND THE FENCE LINE BE ADEQUATELY SCREENED WITH DROUGHT- TOLERANT PLANTINGS (AS DISCUSSED ABOVE). PASSED 6-0. 'Planning Commission Mirl6tes Meeting of August 12, 1992 Page 6 The Commissioners took a break at 8:34 p.m. The meeting was reconvened at 8:44 p.m. 2. DR-92-012 -Fairbairn, 14253 Hilltop Way, request for V-92-010 design review approval to construct a 1,628 sq. ft. one and two-story addition to an existing 3,499 sq. ft., one-story residence pursuant to Chapter 15 of the City Code. The applicant is also requesting variance approval to construct the addition on a slope of greater than 30 percent. The residence is situated on 1.25 acre lot and is within the R-1- 40,000 zone district. ----------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated August 12, 1992 and answered questions with regard to the application. Chairperson Caldwell opened the public hearing at 8:45 p.m. Ed Jenke, project architect, spoke in favor of the application and explained that the location on the site of the proposed addition was the most reasonable. He also answered questions from the Commissioners with regard to the project. Doug Fairbairn, applicant, addressed the Commission in response to Commissioner Forbes' comment that additional landscaping, possibly an extension of the redwood grove, was needed in order to help screen the existing structure from Ten Acres Road. Mr. Fairbairn explained that he felt that only the proposed structure should be the issue of discussion and the open area referred to by Commissioner Forbes was purposely designed to be open for recreational use. Mr. Fairbairn stated that he had not considered adding landscaping in that area and if it were to be required it would have a significant impact. Mr. Fairbairn also answered questions from the Commission. DURKET/FORGES MOVED TO CLOSE THE PUBLIC HEARING AT 9:00 P.M. PASSED 6-0. Chairperson Caldwell suggested that language be added to Page 59, 2nd paragraph from the bottom, noting the diseased condition of the one tree recommended to be removed per the City Arborist. Commissioner Durket suggested the following wording to be added to the last sentence of the 2nd paragraph from the bottom on page 59: "Only one tree, which the City Arborist has determined to be diseased. is proposed to be removed, and this..." Staff indicated that this was acceptable. DURKET/BOGOSIAN MOVED TO APPROVE V-92-10 BASED ON STAFF'S RECOMMENDATION. ~Plannin Commission Minutes 9 Meeting of August 12, 1992 Page 7 Commissioner Bogosian stated that he could make the findings to support the variance based on the constraints of the lot and because the existing vegetation hindered the placement of the addition elsewhere on the lot. Commissioner Favero stated that he was uncomfortable supporting a variance on a slope of this extent. He stated that he could not make the findings to justify the granting of the variance. Commissioner Moran stated that she would support the variance based on the justification offered by staff in the staff report. Commissioner Forbes concurred with Commissioner Moran. Chairperson Caldwell also expressed support for the variance. THE MOTION PASSED 5-1 (FAVERO OPPOSED). DURKET/BOGOSIAN MOVED TO APPROVE DR-92-012. Commissioner Durket stated that he would be willing to accept amendments to the motion with regard to a condition requiring additional landscaping. In response to Commissioner Forbes' question of whether the Commission could require additional landscaping on portions of the property other than in the immediate area of the proposed addition, the City Attorney explained that the Commission would need to link the reasoning for the additional landscaping to the new addition. COMMISSIONER MORAN STATED THAT DUE TO THE FACT THAT THE ADDITION WILL ADD A GOOD AMOUNT OF LENGTH TO THE OVERALL HOME, SHE WOULD SUPPORT A CONDITION TO BE ADDED TO THE MOTION REQUIRING A LANDSCAPE PLAN, TO BE SUBMITTED TO STAFF, FOR PLANTINGS ALONG THE WEST ELEVATION FOR THE PURPOSE OF SCREENING THE ENTIRE STRUCTURE FROM TEN ACRES DRIVE. THIS AMENDMENT TO THE MOTION WAS ACCEPTED BY THE MAKER AND SECONDER OF THE MOTION. Commissioner Favero expressed concern regarding the safety and geotechnical stability of the slope on which the addition is proposed. He inquired as to what degree of slope would warrant a denial of such a variance request. Planning Director Curtis explained that the variance request was for an addition to an existing structure which had demonstrated no stability problems due to the slope on which it is constructed. THE MOTION PASSED 5-1 (FAVERO OPPOSED). 'Planning Commission Mir~ites Meeting of August 12, 1992 Page 8 3. DR-92-007 -Duncan, 19501 Rue de .Glen Una, request for V-92-008 design review approval to construct a new 5,654 sq. ft. one-story residence and variance approval to construct the residence 47 ft. from the front yard private access driveway where 57 ft. is required pursuant to Chapter 15 of the City Code. The parcel is approximately 41,818 sq. ft. in area and is located within the R-1- 40,000 zone district. -------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated August 12, 1992. Both Planner Walgren and the City Attorney answered questions from the Commission. Chairperson Caldwell opened the public hearing at 9:15 p.m. Paul Duncan, applicant, spoke in favor of the application. He presented the Commission with a handout and gave a presentation on the history of the property, its private access driveway, and the need for the requested variance. He also answered questions from the Commissioners with regard to the proposed project. DURKET/FORGES MOVED TO CLOSE THE PUBLIC HEARING AT 9:28 P.M. PASSED 6-0. BOGOSIAN/DURKET MOVED TO APPROVE V-92-008. Commissioner Moran stated that she was initially skeptical about the request for a variance on a lot that did not seem to have many constraints, but after reviewing the staff report and hearing the public testimony from the applicant she could support the variance. She noted that the only alternative to a variance that she could see would be to modify the plans in order to bring the wing in a bit. Commissioner Durket asked staff if the proposed design were slightly modified whether there would be a need for a variance. Planner Walgren reported that there were design alternatives that would eliminate the need for the variance, but that staff felt that findings could be made to support this variance application. Commissioner Favero spoke in favor of asking the applicant to modify the plans in order to eliminate the need for a variance. Commissioner Durket supported Commissioner Favero's request. Chairperson Caldwell stated that she had become more troubled by the variance request as the discussion on the issue digressed. She stated that the applicant had created his own special circumstance to warrant the need for the requested variance. 'Plannin Commission Mir'~Cites 9 Meeting of August 12, 1992 Page 9 Commissioner Durket stated that he could no longer support approval of the variance application. THE MOTION DID NOT PASS 2-4 (CALDWELL, MORAN, DURKET AND FAVERO OPPOSED). DURKET/MORAN MOVED TO APPROVE DR-92-007 WITH THE AMENDMENT THAT THE ADDITION BE BROUGHT INTO CONFORMANCE WITH THE SETBACK REGULATIONS. There was discussion as to whether to continue the item with direction to the applicant to redesign the addition to bring it into conformance with the setback regulations and then place the item on the consent calendar of the next Planning Commission meeting or to vote on Commissioner Durket's above motion. BOGOSIAN/MORAN MOVED TO REOPEN THE PUBLIC HEARING AT 9:45 P.M. TO HEAR FROM THE APPLICANT AS TO HIS PREFERENCE OF THE OPTIONS. PASSED 6-0. Mr. Duncan, applicant, expressed his preference for a continuance in order to redesign the addition per the comments of the Planning Commissioners. DURKET WITHDREW HIS MOTION. DURKET/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:46 P.M. PASSED 6-0. FORBES/DURKET MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR DENIAL OF 92-V-008. PASSED 6-0. BOGOSIAN/FORGES MOVED TO CONTINUE DR-92-007 TO THE SEPTEMBER 9, 1992, PLANNING COMMISSION MEETING (ITEM TO BE PLACED ON THE CONSENT CALENDAR) IN ORDER TO ALLOW THE APPLICANT TIME TO REDESIGN THE PROPOSED ADDITION TO BE IN CONFORMANCE WITH THE SETBACK REGULATIONS. PASSED 6-0. 4. City of Saratoga -Housing Element, the City of Saratoga Planning Commission will review and comment on the draft Housing Element and Negative Declaration. Planning Director Curtis presented the Report dated August 12, 1992 to the Commission and answered questions with regard to the Housing Element. Plannin Commission Mi`"utes 9 Meeting of August 12, 1992 Page 10 Commissioner Favero expressed strong opposition to any mention of specific sites in the Housing Element. He also stated that he thought this had been made clear at previous worksessions and meetings and that mention of specific sites were to be eliminated for the document. Planning Director Curtis explained that it was his understanding that no decision had been reached to remove these specific site names from the document. Commissioner Favero reiterated his opposition to any mention of specific sites in the Housing Element. Chairperson Caldwell opened the public hearing at 9:50 p.m. Gertrude Welsh, representative from the Santa Clara County Council of Churches, explained the goals of the Council of Churches and expressed concern regarding the Housing Element. She stated that she felt that there was land available in Saratoga that could be utilized for affordable housing developments. She addressed Goal 5, Policy 1, and suggested that age, and economic status be added to this paragraph. She encouraged the City to go back to drafting the Housing Element and address the concerns raised in the letter submitted by the Council of Churches and to explore additional opportunities to meet affordable housing needs. Resident, 14665 Granite Way, addressed the mention of the Paul Mason site in the Housing Element stating that a senior Housing development had already been approved for that site. DURKET/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:00 P.M. PASSED 6-0. Commissioner Bogosian stated that affordable housing opportunities in Saratoga were limited by the town's build-out and by real estate prices and suggested looking into eliminating some of the second living unit restrictions such as lifting the age restrictions on occupancy of these units. He also spoke in favor of strengthening the language to encourage Project Match. Commissioner Durket reiterated Commissioner Bogosian's comments adding his opinion that there should not be limit on the number of new applications accepted annually for second living unit permits. Commissioner Forbes stated that the fee to legalize second living units was an economic block and he spoke in favor of extending the amnesty period for legalizing these existing units. Commissioner Moran concurred with the comments made by Commissioner Durket. ' Plannin Commission Mir~Gtes 9 Meeting of August 12, 1992 Page 11 ------------------------------------------------------------------------------------------- Commissioner Favero stated that he was not in favor of extending the amnesty period for legalizing second living units as staff had reported that there was limited public response. He spoke in favor of lifting the age restrictions on second living units in an effort to make the program fair. Planning Director Curtis and staff member, George White, answered questions from the Commission with regard to the various issues relating to second living units. There was also discussion among the Commissioners and staff regarding Project Match. Commissioners Forbes and Favero both expressed support for lifting the age restrictions on second living units and opposition strengthening the language used to encourage the utilization of Project Match. Commissioner Favero stated that there was strong opposition from many residents of Saratoga to the Project Match Program. Commissioners Durket and Bogosian inquired as to why these residents had not made their opposition known during the various meetings and worksessions on the Housing Element. Chairperson Caldwell and Commissioners Moran, Durket, and Bogosian expressed support for lifting the age restriction on second living units and strengthening the language to encourage utilization of Project Match. They supported the language used in the original Housing Element to be incorporated into the 1992 Housing Element draft. There was consensus among the Commissioners to maintain the City's limit on the number of applications accepted annually for review of new second living units until that time in which demand for additional applications increases. The Commission had the following comments on the letters received: Letter from the Santa Clara Council of Churches Chairperson Caldwell and Commissioner Durket expressed that they have been disturbed by the inferences and tone of the letter submitted by the Council of Churches. With regard to that letter Chairperson Caldwell indicated that the suggestion to add "age" to Goal 5, Policy would be followed, but that "economic status" would not be incorporated into that section. Cooke letter: Chairperson Caldwell and Commissioners Moran, Durket, Bogosian, and Forbes supported adding "A senior housing/care facility has been approved in tannin ommission Mites P gC Meeting of August 12, 1992 Page 12 -------------------------------------------------------------------------------------------------------------------- the City of Saratoga.", to Page 14, #11, after the 1st sentence of the Housing Element. The rest of the paragraph would be deleted. Commissioner Favero did not support the mention of the approved senior housing development. Letter from the League of Women Voters: There were no comments. BOGOSIAN/FORGES MOVED TO FORWARD THE DRAFT HOUSING ELEMENT WITH THE FOLLOWING CHANGES (ALSO REFLECTED ABOVE) TO THE STATE FOR REVIEW AND COMMENTS. 1. STRENGTHEN THE LANGUAGE ENCOURAGING PROJECT MATCH (AS SPECIFIED ABOVE) 2. LIFT THE AGE RESTRICTIONS ON SECOND LIVING UNITS. 3. INCORPORATED THE WORD "AGE" IN GOAL 5, POLICY 1. 4. AMEND GOAL 1, POLICY 11, (AS SPECIFIED ABOVE) THE MOTION PASSED 6-0. DIRECTOR'S ITEMS Planning Director Curtis reported that with regard to the Houston application (91-DR- 054), an invalid condition of approval had been placed on the design review. The condition which required an addition 20-foot setback for the pool was invalid because the setback had already been established in the subdivision process. He further explained that if the setback was to be increased or changed, this change should have been handled as an amendment to the subdivision conditions of approval. There was various questions to the Director and to the City Attorney regarding this issue. It was the consensus of the Commission to direct the City Attorney to write a memo to the Planning Commission regarding the issues involved and any possible recourse and to submit this memo to the Planning Commission at the September 9th meeting. COMMISSION ITEMS 1. Draft "Building Height Poles Construction Guidelines" The Commission reviewed the Height Pole Construction Guidelines and suggested that language be added specifying the installation of bright colored flags at the top of the poles. Commissioner Moran asked that the Commission receive a printed preview of the public hearing notices. She also suggested that a letter be written to Mr. Reddick informing him of the research and findings with regard to Tree Laws and Rights. Plannin Commission Mites 9 Meeting of August 12, 1992 Page 13 The Commission also acknowledged receipt of Commissioner Durket's resignation letter. Commissioner Durket indicated that the August 12, 1992 meeting would be his final Planning Commission meeting. COMMUNICATIONS Written 1. California Boundary-Tree Laws and Rights 2. City Council minutes - 7/15/92, 7/21 /92 & 7/28/92 Oral City Council ADJOURNMENT At 11:17 p.m. the meeting was adjourned. Andrea M. Chelemengos Minutes Clerk