HomeMy WebLinkAbout09-09-1992 Planning Commission Minutes_ l ~' CIT~F SARATOGA PLANNING COMMI~ON
MINUTES
DATE: September 9, 1992 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Ave.
TYPE: Regular Meeting
----------------------------------------------------------------
Roll Call
Present: Vice Chairperson Bogosian, Commissioners Moran, Forbes
and Favero
Absent: Chairperson Caldwell
Pledge of Allegiance
Minutes - 8/12/92
Vice Chair Bogosian made the following corrections:
Page 3, last paragraph, last sentence should read "He felt that the
$50,000 assessment to the developer for the improvements was not
substantiated by any scientific evidence on the development impacts
related to the intersection."
Page 10, paragraph 5, should read "Gertrude Welsh..."
FORBES/MORAN MOVED TO APPROVE THE MINUTES OF 8/12/92, AS CORRECTED.
PASSED 4-0 (Caldwell absent)
ORAL COMMUNICATIONS
Colonel Barco, Camino Barco, addressed the Planning Commission
regarding the sign ordinance. He presented his comments in
written form to the Commission.
Com. Favero stated the City could write a more stringent ordinance,
but City staff must enforce it.
Colonel Barco noted he went before. the City Council and was told to
come before the Planning Commission with this issue. He noted he
is willing to update this ordinance if it is adhered to.
Vice Chair Bogosian stated this should be placed on the joint City
Council/Planning Commission agenda for a later hearing.
Com. Favero suggested that Colonel Barco work with staff.
Planning Director Curtis stated the revision of the Sign Ordinance
is not scheduled under the Work Program. He noted the Planning
Commission will be holding a work session/retreat in October and
this issue will be discussed at that time.
Colonel Barco stated he would be willing to work with staff and the
citizens.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting
was properly posted on August 6, 1992.
, ,Planning Commissio~inutes
Meeting of September 9, 1992
Page 2
Technical Corrections to Packet
Planner Walgren outlined the technical corrections to the packet.
Planning Director Curtis addressed item 8 on the agenda. He noted
that Commissioner Favero must abstain from this item, therefore
there is, no Quorum. He noted this item will be continued to
September 23, 1992.
Com. Favero noted he was advised by the City Attorney to abstain
from this discussion.
Planning Director Curtis introduced a new staff person, Lynette
Dias, Assistant Planner.
PUBLIC HEARING CONSENT CALENDAR
1. DR-92-007 - Duncan, 19501 Rue de Glen Una, request for
design review approval to construct a new
5,654 sq. ft. one-story residence pursuant to
Chapter 15 of the City Code. The parcel is
approximately 51,818 sq. ft. in area and is
located within an R-1-40,000 zone district.
(cont. from 8/12/92 public hearing;
application expires 1/23/93).
2. CITY OF SARATOGA - WATER EFFICIENT LANDSCAPE ORDINANCE
Review of State legislation AB325, State of California Model
Ordinance, SCVWD "modified" ordinance (cont. to the 10/14/92
public hearing).
-------------------------------------------------------------
FAVERO/FORBES MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0.
(Caldwell absent)
Vice Chair Bogosian informed the public of the process of the
hearing.
PIIBLIC HEARINGS **
.'.3. SD-91-006 = Franklin; 13686 Quito Road, request for
tentative map approval to create five separate
parcels accessing Quito Road via a short cul-
de-sac, out of two existing parcels, pursuant
to Chapter 14 of the City Code. The two
existing parcels total approximately 3.1 acres
in gross site area and are located within an
R-1-10,000 zone district (application expires
on 9/20/92)
-------------------------------------------------------------
Planner Walgren presented the staff report dated September 9, 1992
and answered questions of the Commission. He reviewed the reasons
why staff recommend denial, as outlined in the staff report.
'Planning Commissiolinutes
Meeting of September 9, 1992
Page 3
Vice Chair Bogosian asked if City Law takes precedence over the
Water District.
City Attorney Faubion stated the first obligation of the Commission
is to implement City Ordinances. She noted other districts will
implement their own, but the Planning Commission should consider
what they know about other ordinances.
Vice Chair Bogosian opened the public hearing at 7:54 p.m.
Mr. Terry Szewczyk stated it is his understanding that the Planning
Commission have the authority to deviate from dedication
requirements requested of other agencies.
Planning Director Curtis stated there is no ordinance which
requires fee title. He noted the policy of the City and the Water
District for major subdivisions is that the land be given fee
title. He noted the request is consistent with that policy.
Mr. Szewczyk continued his presentation. He stated this was
originally filed as a 6 lot sub division. He noted he is
requesting direction on the easement issue. Mr. Szewczyk stated
the Water District is requesting roads on both sides of the channel
and this will affect some existing trees. Mr. Szewczyk explained
how other cities handle the Water District's requirement. He
addressed the letter from the Water District dated July 23, 1992.
Com. Favero questioned the dedication vs. the easement and
suggested that staff look at alternatives.
Mr. Szewczyk noted they did discuss alternatives with staff and the
Water District and the Water District was not very responsive.
Mr. Carl Franklin noted this property was put on hold because of
Highway 85. He stated they are burdened by the easement and would
like the dedication.
FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0.
(Caldwell absent)
In response to Com. Favero's question, Planner Walgren stated if
the flood control require an easement and not a dedication, a
variance would not be necessary. He stated if this application was
denied, the applicant, as part of a new application, could consult
the Water District further to discuss the possibility of altering
their policy.
Com. Moran noted the applicant has the option to come back with a
4 lot subdivision.
FAVERO/FORBES MOVED TO DENY APPLICATION SD-91-006 WITHOUT
PREJUDICE.
Com. Moran noted she would support staff recommendation.
`Planning Commissio~inutes •
Meeting of September 9, 1992
Page 4
Vice Chair Bogosian stated if this was approved non-conforming lots
would be created, therefore he would support staff recommendation.
The above motion was carried 4-0 (Caldwell absent).
The public hearing was opened.
Mr. Szewczyk noted that the applicant would like to hold the appeal
period for 60 days.
Vice Chair Bogosian stated he should discuss this with staff.
4. DR-91-069 - Honq; 21210 Chadwick Court, request for design
review approval to construct a 4,911 sq. ft.,
two-story residence on a 51,227 sq. ft. parcel
pursuant to Chapter 15 of the City Code. The
property is located within an NHR zone
district, on lot #5 of the Chadwick Place
subdivision (application expires on 9/20/92).
-------------------------------------------------------------
Planner Walgren presented the staff report dated September 9, 1992
and answered questions of the Commissioners.
In response to Vice Chair Bogosian's question, Planner Walgren
stated there is no condition in the resolution which requires an
irrigation system. He noted it is the homeowners responsibility to
maintain the landscaping.
Com. Favero expressed concern about the life of the trees.
Planning Director Curtis stated if the City requires the placement
of vegetation it has to be maintained and if any dies it must be
replaced. He noted the property owner will be in violation of the
design review approval if the trees die from neglect.
Vice Chair Bogosian opened the public hearing at 8:15 p.m.
Mr. Randy Jones explained the position of the home on the lot as
well as the design and height of .the structure. He stated they
will put in an irrigation system if required.
In response to Com. Moran's question, Mr. Jones stated the
applicant would be willing to use darker colors for the home.
FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent).
In response to Vice Chair Bogosian's question, City Attorney
Faubion stated a condition may be added to require an irrigation
system.
Com. Moran stated the goal is to keep the vegetation alive. She
suggested reviewing the landscaping in two years without requiring
the applicant to add an irrigation system at this time.
,Planning Commissio~inutes
Meeting of September 9, 1992
Page 5
Com. Favero concurred.
Com. Forbes stated this is an applicant which illustrates danger of
having vegetation with no watering system. He spoke in favor of an
additional condition to add the irrigation system.
FAVERO/FORBES MOVED TO APPROVE APPLICATION DR-91-069 PITH AN
ADDITIONAL CONDITION THAT THE APPLICANT IS REQUIRED TO MAINTAIN THE
VEGETATION.
Com. Moran noted she would support darker colors for the structure.
She requested that this be discussed with staff and brought to the
Planning Commission in a study session.
The above motion was carried. Passed 4-0 (Caldwell absent)
5. DR-91-071 - Saratoga Pacific Oaks; 19272 Crisp Avenue,
request for design review approval to
construct a 5,984 sq. ft., two-story residence
on a 45,302 sq. ft. parcel pursuant to Chapter
15 of the City Code. The parcel is located
within an R-1-40,000 zone district, on lot #34
of the San Marcos Heights subdivision
(application expires on 9/20/92).
-------------------------------------------------------------
Planner Walgren presented the staff report dated September 9, 1992.
He noted staff recommends approval with the conditions contained in
the attached resolution.
In response to Com. Forbes question, Planner Walgren stated this is
a two story structure and no portion exceeds the two stories.
Vice Chair Bogosian opened the public hearing at 8:25 a.m.
Ms. Virginia Fanelli, representing San Marcos Heights, noted the
applicant concurs with the conditions in the staff report. She
explained the elevation of the home as well as the surrounding
homes.
FAVERO/FORBES MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent).
In response to Com. Favero's question, Planner Walgren stated the
step homes are a common occurrence in the hillsides.
FORBES/MORAN MOVED TO APPROVE DR-91-071.
Vice Chair Bogosian expressed concern regarding the height of the
structure as seen from the open space easement, but will support
the motion because of lot constraints.
The above motion was carried. 4-0 (Caldwell absent)
Planning Commissio~inutes •
Meeting of September 9, 1992
Page 6
6. UP-92-005 - Saratoga Presbyterian Church; 20455 Harriman
Avenue, request for use permit approval to
allow the operation of a pre-school in two of
the existing classrooms at Saratoga
Presbyterian Church, pursuant to Chapter 15 of
the City Code. The church site is located
within a R-1-12,500 zone district.
-------------------------------------------------------------
Planner Walgren presented the staff report dated September 9, 1992.
He noted staff recommends approval with the conditions contained in
the resolution.
Vice Chair Bogosian opened the public hearing at 8:38 p.m.
Mr. Richard Spencer, Pastor, Saratoga Presbyterian Church, outlined
some concerns with the conditions. He noted no construction is
taking place on the site and would like condition 3 removed.
Planner Walgren stated there was a transmittal sent to staff from
West Valley Sanitation District requiring a specific fee. He noted
if the applicant can work this out with the Sanitation District and
the fee is not necessary, this can be accommodated with the
condition as is.
Mr. Spencer asked for clarification to Section 3 of the conditions.
Regarding Section 3, Planning Director Curtis stated the conditions
imposed on the Use Permit must 'be in operation within the 24
months.
Mr. Eric Liby, 13736 Lexington Ct., noted he is representing his
family and neighbors who are not in support of the pre-school
proposed. He noted he has a petition signed by neighbors. Mr.
Liby outlined the reasons for the denial. He noted there are Day
Care Centers within one half mile of the proposed. He stated the
Church is in a residential area and this could set precedence if
approved. Mr. Liby also expressed concern about traffic problems.
He requested denial of this application.
Ms. Nancy Thompson, Lexington Ct., noted she was not approached to
sign a petition and spoke in favor of the pre-school.
Ms. Sheri Smart noted she will have a child attending the school
and stated that high quality pre-schools are needed. She stated
there will be no time conflict with high school students. She
noted they are licensed for 24 students with possible growth.
FAVERO/MORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent)
In response to Com. Favero's question, Planner Walgren noted that
neighbors were notified approximately 2 weeks ago. He noted staff
did receive a letter which is attached to the staff report.
Planning Commissio~inutes •
Meeting of September 9, 1992
Page 7
In response to Commissioners questions, Planner Walgren stated
Herriman was not considered an over capacity street to warrant a
traffic study.
Com. Favero noted that enrollment in Saratoga High School is
declining. He suggested having the pre-school hours from 9:30 to
12:30 p.m. to eliminate some traffic. He noted it should be
restricted to half day sessions with a maximum of 24 students.
Com. Forbes stated if the Use Permit was approved it should be
reviewed to address any traffic problems that may arise.
Com. Moran stated that traffic is a concern and suggested not
moving forward at this time until staff does a traffic study.
Com. Favero stated the Church has operated for many years without
any traffic problems. He noted the police enforcement on Herriman
is strong and feels the traffic problems have been covered.
FAVERO/FORBES MOVED TO APPROVE UP-92-005 WITH THE ADDITIONAL
CONDITIONS: MAXIMUM OF 24 STUDENTS; STAFF NEGOTIATE WITH THE
APPLICANT FOR BEST TIMES OF OPERATION; USE PERMIT REVIEW IN SIX
MONTHS; EXCLUDE AFTERNOON CLASSES.
Com. Moran noted she would like to see this application, with the
modifications, come before the Planning Commission before approval.
The above motion failed 2-2 (Moran, Bogosian No, Caldwell absent)
Vice Chair Bogosian stated there will be an intensification of the
use and a traffic study should be done to determine the hours of
the day when there is least potential of traffic conflict."
MORAN/BOGOBIAN MOVED TO CONTINUE THIS ITEM TO SEPTEMBER 23, 1992
FOR AN ORAL REPORT FROM STAFF ADDRESSING THE ISSUES DISCUSSED BY
THE COMMISSIONERS. PASSED 4-0 (Caldwell absent)
Com. Favero requested that staff set up standards which define
safety so as the Commission has something to work from.
MORAN/FAVERO MOVED TO RE-OPEN THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent)
7. SD-88-005.3 - DiManto; Madrone Hill ~ Peach Hill Roads,
request for Planning Commission consideration
to allow a phased Final Map to be recorded for
an approved five-lot, single-family
residential subdivision. The applicants are
proposing to record lots #4 and 5 as Phase 1
(195,000 and 275,000 sq. ft. respectively),
and lots #1, 2 and 3 as Phase 2 (235,000,
130,000 and 185,000 sq. ft.), pursuant to
Article 4, Section 66456.1 of the Subdivision
Map Act.
-------------------------------------------------------------
, .Planning Commissio#inutes ~ •
Meeting of September 9, 1992
Page 8
Planner Walgren presented the staff report dated September 9, 1992
and answered questions of the Commission.
Vice Chair Bogosian opened the public hearing at 9:36 p.m.
Mr. Bill Heiss, Civil Engineer, presented a drawing of the property
in question. He outlined the phases proposed as well as the access
to the homes. Mr. Heiss noted there will be two final maps
recorded.
In response to Com. Favero's question, Mr. Heiss stated there is no
interconnection between the phases. He noted there is no proposal
for a trail system on this property.
Planner Walgren noted this subdivision was approved in 1988 and a
trail system would have been discussed at that time.
In response to Vice Chair Bogosian's question, City Attorney
Faubion stated conditions can only be added if they are specific to
the issue before them, which in this case is the phasing.
Com. Favero expressed concern that this property is in conflict
with the City's goals as a whole regarding trail systems.
Mr. Heiss stated there was no original trail through the property
and there was never any intention to have a trail system.
Planner Walgren read a letter from Robert M. & Donna Gorski into
the record objecting to this development.
MORAN/FAVERO MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0.
(Caldwell absent)
MORAN/BOGOSIAN MOVED TO APPROVE SD-88-005.3.
Com. Moran noted this is a previously approved application.
Vice Chair Bogosian noted there had been other opportunities to
address the trail system.
Com. Favero requested a condition prohibiting any further density
in the future.
Planning Director Curtis stated if phase II was never developed the
Tentative Map becomes void and the applicant must come before the
Planning Commission to request further density. He noted he does
not foresee a zoning density change.
Vice Chair Bogosian noted it is his understanding that the property
is heavily constrained and this would avoid further density
The above motion was carried. 3-1 (Favero No, Caldwell absent).
Planning Commissio~inutes •
Meeting of September 9, 1992
Page 9
8. DR-89-041.2 - Dividend Development Corporation; 13150
SD-89-006.2 Saratoga Avenue, request for a second one-year
extension to an approved development to
construct a mixed-use housing project
consisting of 75 townhomes and a senior
housing facility. The senior facility would
consist of 2'3 patio homes, 185 condominium
units, a 32-bed personal care facility and a
45-bed skilled nursing facility. The subject
property is approximately 25 acres and is
zoned Multiple Use - Planned Development (MU-
PD) .
This item was continued to September 23, 1992 because of a lack of
Quorum.
9. SM-92-005 - Hallenqren; 20420 Montalvo Oaks Place, request
for site modification to construct a pool with
at grade decking pursuant to Chapter 14 of the
City Code. A design review application to
build a single-family residence on the subject
property was approved by the Planning
Commission on 10/9/91 and construction of the
home is currently in progress. The parcel is
approximately 22,651 sq. ft. in area and is
located within an R-1-20,000 zone district.
-------------------------------------------------------------
Planner Walgren presented the staff report dated September 9, 1992
and answered questions of the Commissioners. He noted an
irrigation system is not incorporated into the plan.
Vice Chair Bogosian opened the public hearing at 9:52 p.m.
Mr. Joseph Waller stated he is available for any questions. He
noted there will be an irrigation system put in place. He noted at
the request from Com. Forbes they will add three trees to continue
the trees outlined on the plans.
MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent).
MORAN/FORBES MOVED TO APPROVE APPLICATION SM-92-005 WITH THE
ADDITIONAL THREE TREES TO BE ADDED. PASSED 4-0 (Caldwell absent).
10. SM-92-004 - Huang; 14590 Deer Springs Court, request for
site modification to an approved site
development plan to construct a pool, spa,
terrace and cabana pursuant to Chapter 14 of
the City Code. The subject property is
currently developed with a two-story single
family residence. The parcel is approximately
1.8 acres in gross site area and is located in
the NHR zone district.
-------------------------------------------------------------
Planning Commissio~linutes S
Meeting of September 9, 1992
Page 10
Planner Walgren presented the staff report dated September 9, 1992
and answered questions of the Commissioners. Mr. Walgren reviewed
the additional conditions, as outlined in the staff report.
Vice Chair Bogosian opened the public hearing at 10:00 p.m.
Mr. Michael Helm, Architect, noted that a complete landscape plan
was included in the original design review approval. He stated the
pool is smaller than previously proposed, therefore the grading is
less. Mr. Helm stated the applicant requests that an irrigation
system be put in place after the construction is complete.
Vice Chair Bogosian noted he visited the site and the existing
trees are in bad condition.
Mr. Helm outlined the trees which were planted as part of the
original proposal.
Com. Forbes noted as part of the mitigation for the tree trimming,
the applicant was to put in ground cover. He noted any permanent
landscaping needs water.
Mr. Helm stated they will follow all the arborist's conditions. He
stated the bond requested of the city will insure the maintenance
of the landscaping. He stated the plan is to build the pool now
and do the landscaping during the winter season with the
installation of a irrigation system.
Mr. Huang, Applicant, noted he is sensitive to poison oak and
spayed for this, noting the bad condition of the trees. He stated
when the pool is finished the landscaping will be completed. He
asked for approval to complete the project.
Mr. Charlie Rolo, 21280 Canyon View Dr., stated he was impacted by
the illegal trimming.
In response to Mr. Rolo's concerns, Planner Walgren stated the
landscape maintenance agreement is extended for an additional five
years.
Mr. Rolo stated he is in support of the placement of the pool as
proposed. He expressed concern about the life of the trees and the
applicant not complying with the City's codes. He recommended that
the security deposit be held for an additional five years. He
stated there is a history of non-compliance on this property.
Resident, 14595 Deer Springs Ct., spoke in favor of the pool. He
stated the trees are a separate issue and is not in support of
extending the security deposit. He feels the applicant will comply
with all the conditions. He expressed concern about the process
applicants have to go through to build a pool and too much
government control.
Ms. Janice McCormick, Toll Gate Rd., stated the irrigation system
should be put in after the excavation. She noted she has planted
Planning Commissio~inutes
Meeting of September 9, 1992
Page it
oak trees which don't grow because of the bad soil condition. She
noted she has watered and taken care of these trees. Ms. McCormick
believes that the applicant will comply with all the conditions and
stated she is in favor of the project.
Mr. Huang addressed the illegal trimming. He stated he did do some
trimming, but did not feel it was all illegal. He noted the
arborist did approve the existing trees.
Mr. Rolo clarified that all landscaping must be put in before the
final approval of the pool.
MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING. PASSED 4-0
(Caldwell absent).
In response to Com. Favero's question, Planner Walgren noted the
landscaping and irrigation would have to be in place before final
approval of the pool.
Com. Favero pointed out that a neighbor is concerned that the
landscaping is not being maintained during construction. He asked
what the City can require of the applicant to maintain the existing
landscaping?
Com. Forbes stated that the landscaping in the front of the house
should not be tied to the pool.
Com. Moran stated the plan is to put in the pool and then put in
all the landscaping when the pool is complete.
Vice Chair Bogosian stated after looking at the property he feels
and additional security deposit is needed.
Planner Walgren stated 5 years is the longest security deposit and
maintenance agreement the City has enforced. He stated the primary
way to ensure that the landscaping is complete is to tie it to the
development and the City can monitor the project. He noted there
would be no final inspection of the pool until all the landscaping
requirements are completed.
Com. Favero addressed the illegal trimming and adherence to City
codes.
Planner Walgren stated when the City received a complaint regarding
the illegal trimming a stop work order was issued. He noted City
staff did have to go out to the site two consecutive days.
Com. Forbes expressed concern about the pool not being completed on
schedule therefore the landscaping not being completed. He
suggested that if the pool is not completed within a certain time
period the security bond should be increased.
Vice Chair Bogosian proposed that the bond be increased to $25,000
and the period of time be five years for the placement and
maintenance of the vegetation.
I ~rPlanning Commissio~inutes •
Meeting of September 9, 1992
Page 12
Com. Forbes suggested the bond be left as is, but if the pool is
not completed in a certain time period, the bond be increased until
the pool is complete.
FAVERO/BOGOSIAN MOVED TO APPROVE APPLICATION SM-92-004 WITH THE
FOLLOWING MODIFICATION: RAISE THE BOND TO $25,000 FOR INSTALLATION
AND MAINTENANCE OF VEGETATION FOR A PERIOD OF FIVE YEARS.
Com. Forbes feels that $25, 000 is a lot of money to tie up for five
years.
Com. Moran stated she would like to see the screening along the
eastern side installed when the pool is installed.
Com. Favero stated the screening should go in now, regardless of
when the pool goes in.
An amendment to the motion is to install the landscaping one year
from tonight irrespective of the pool development.
The above motion with the amendment was carried 3-i (Forbes No,
Caldwell absent).
DIRECTOR'S ITEMS
Planning Director Curtis stated the City Council have selected two
Planning Commissioners who will be sworn in at the next Council
meeting.
Com. Favero and Com. Forbes noted they will miss the meeting on
September 23, 1992.
1. Planning Commission Retreat
a. Set date - October 10, 1992
b. Establish agenda
1. Applications for extension on approvals
2. Discussion - spend more time on long range planning
3. Discussion - how to keep landscaping alive in general
COMMISSION ITEMS
Planning Director Curtis noted the Commissioners Appreciation
Dinner on September 22, 1992 and requested the Planning
Commissioners let him know if they are attending.
Planning Director Curtis outlined the meeting dates for November
and December:
Tuesday, November 10, 1992
Tuesday, November 24, 1992
Wednesday, December 23, 1992 - Canceled.
.'
Planning Commissio~inutes
Meeting of September 9, 1992
Page 13
COMMUNICATIONS
Written
1. City Council minutes - 8/5 and 8/11/92
Oral
City Council
The meeting adjourned at 10:54 to 7:30 p.m. on
September 23, 1992, in the City Council Chambers,
13777 Fruitvale Ave., Saratoga.
Catherine M. Robillard
Minutes Clerk