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HomeMy WebLinkAbout11-10-1992 Planning Commission Minutes.^y CITY ~SARATOGA PLANNING COMMIb~~ON MINUTES November 10, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting -------------------------------------------------------------------------------------------------------------------- The meeting was called to order at 7:31 p.m. by Chairperson Caldwell. ROLL CALL Present: Chairperson Caldwell, Commissioners Forbes, Favero, Bogosian, Murakami and Asfour Absent: Commissioner Moran PLEDGE OF ALLEGIANCE MINUTES Minutes of the October 28, 1992, Meeting Commissioner Asfour had the following corrections: Page 10, 3rd paragraph from bottom should read: "Commissioner Asfour inquired as to whether Staff had reviewed a,~ other roofing options." Page 1, paragraph half way down the page should read: "Page 7, 2nd paragraph from the bottom should read:" Commissioner Asfour stated that he felt the building could not be used for commercial as it is currently zoned. He spoke in favor of rezoning the building as proposed to correct the previous possible error on the part of the City Council and/or the Planning Commission..." Chairperson Caldwell had the following correction: Page 11, 1st paragraph (motion) should read: "Caldwell/Forbes moved to approve DR-92-031 with the following amendments: • The height not exceed 22 feet • The additional attic space is not to be used as usable/habitable space. • Prior to zone clearance, a landscape plan, irrigation plan and maintenance agreement shall be submitted and approved by the Planning Director. Prior to acceptance of the landscape plan the Planning Director shall review the plan with the neighbors who have expressed concern (via in person or by correspondence) regarding the landscaping. • Prior to zone clearance the approved landscaping plan shall be installed. Planning Commission N~tes Meeting of November 10, 1992 Page 2 FORBES/ASFOUR MOVED TO APPROVE THE MINUTES OF OCTOBER 28, 1992, AS AMENDED. PASSED 4-0 (Bogosian and Favero abstained). ORAL COMMUNICATIONS Commissioner Favero noted the absence of legal counsel for the meeting. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 6, 1992. TECHNICAL CORRECTIONS TO PACKET Planner Walgren had the following inclusion to the agenda under Commissioner Items: 1. Review of modifications to design review application DR-92-004 - Svoboda, Mt. Eden Road (approved at the July 22, 1992 Planning Commission meeting-. PUBLIC HEARINGS 1. SD-92-007 - Behel; 20241 Herriman Ave., request for V-92-012 - tentative map approval to subdivide a 22,910 sq. ft. parcel into two (2) single-family residential building sites of 11,455 sq. ft. each. The variance request is to allow the parcels to be created with 82 ft. lot widths in an R-1-10,000 zone district which prescribes a minimum width of 85 feet. This public hearing item was continued from the 10/14/92 meeting to have staff prepare approval resolutions, development conditions and a tree preservation plan. Pursuant to the Permit Streamlining Act, the City must act on this application by 3/23/93. ------------------------------------------------------------------------------------------------------- The Report dated November 10, 1992 was presented to the Planning Commission by Planner Walgren. He also answered questions from the Commission with regard to the application and the recommended conditions. Chairperson Caldwell opened the public hearing at 7:42 p.m. Iktra Cymbal, 14583 Big Basin Way, project engineer representing the applicant, spoke in favor of the application. John Behel, Uba City, Ca, representing the applicant, spoke in favor of the proposed variance and tentative map. He expressed opposition for additional Plarining Commission IVl~es • Meeting of November 10, 1992 Page 3 restrictions, other than the standard zoning and building regulations, being placed on future development of the proposed lots. He also noted that a petition in favor of the proposed variance and subdivision signed by neighbors had been submitted. FAVERO/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0. Commissioner Favero stated he could support the applications as recommend in the staff report. He explained that the allowable lot coverage had been an issue to him, but that Condition No. 9 in Resolution No. SD-92-007 had addressed this concern and with inclusion of this condition, he could support the application. Commissioner Bogosian explained that he had read the materials and visited the site and would be comfortable voting on the applications. He concurred with the comments made by Commissioner Favero. Chairperson Caldwell also concurred with her fellow Commissioners Favero and Bogosian. FAVERO/FORBES MOVED TO APPROVE V-92-012 AS RECOMMENDED IN THE STAFF REPORT. PASSED 6-O. FAVERO/FORGES MOVED TO APPROVE SD-92-07 AS RECOMMENDED IN THE STAFF REPORT. PASSED 6-0. 2. DR-92-027 - McGregor/Girand; Saratoga Hills Rd., request V-92-011 - for design review approval to construct a 5,756 sq. ft. two- story residence on a currently vacant 2.5 acre parcel located within an R-1-40,000 zone district. Pursuant to Chapter 15 of the City Code, variance approval is also necessary to allow the structure to be located on a slope in excess of 30 percent. ----------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated November 10, 1992 to the Commission. He noted receipt of a letter from Bill Young expressing support for the application. Planner Walgren also answered questions with regard to the application and presented the material board to the Commission. Commissioner Favero expressed concern regarding the safety of developing the site because of its 42% slope at the proposed building footprint. He inquired as to how an approval of an application such as this would effect the enforcement of the City's ordinance which prohibits development on a site with a slope in excess of 30%. Planner Walgren explained that the lot was recorded as a buildable lot prior to the enactment of the "Slope Ordinance". He further explained that geotechnical studies had been conducted, and based on the findings of the study, staff had concluded that the proposed building site was safe and acceptable. Planning Commission M~es • Meeting of November 10, 1992 Page 4 At 9:24 p.m. Chairperson Caldwell opened the public hearing. Scott McGregor, 308 Casitas Blvd., Los Gatos, applicant spoke in favor of the application. He explained that much time had been spent in preparing a design that would be compatible to the neighboring homes, would work well with the contours of the parcel, minimize bulk and mass, preserve the views of the neighbors, minimize the building's visibility from the road, blend well with the natural surroundings, be fire retardant, and maximize stability and safety. He stated that the neighbors and their concerns had been taken into consideration and addressed by providing adequate landscape screening to protect privacy. He concluded by expressing support for the applications as recommended by Staff in the Staff Report. Kurt Anderson, 145 Dillon Ave, Campbell, project architect, spoke in favor of the application. He explained that geotechnical concerns had been addressed and noted that with the progressively stricter regulations of the Uniform Building Code, the proposed building could probably sustain an earthquake with a magnitude of 8.0 - 8.1. He also answered questions from the Commission with regard to the retaining walls and other aspects of the proposed project. Mr. Bill Young, 21400 Saratoga Hills, expressed support for the applications. To address concerns expressed by the Commission, he explained that the neighborhood had previously installed a drainage system and, as it currently exits, would support drainage from this project. Rick Waltonsmith, 21060 Saratoga Hills Road, expressed support for the application and stated that he had no concerns regarding the potential impact of drainage from the site. AT 9:50 P.M., BOGOSIAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0. Commissioner Bogosian noted that because of the lot's physical constraints and because the geotechnical concerns had been addressed he could support the applications. He stated that the design was acceptable and the site would be well screened. he also expressed his appreciation for the presentation given by the applicant with regard to the project and its various issues. Commissioner Asfour stated he initially had concerns regarding safety, but after hearing the presentation by the applicant and the architect felt that his concerns had been addressed and he could now support the application. Commissioner Favero explained that his concerns, as expressed previously, had been addressed and because the neighbors had expressed a desire for approval of this application he would be willing to support the application. Planning Commission Nr•tes • Meeting of November 10, 1992 - Page 5 FORBES/BOGOSIAN MOVED TO APPROVE V-92-011 AS RECOMMENDED IN THE STAFF REPORT. PASSED 6-0. CALDWELL/FAVERO MOVED TO APPROVE DR-92-027 WITH AN AMENDMENT TO CONDITION NO. 9 REQUIRING THAT A DARKER EARTHTONE COLOR, TO BE APPROVED BY THE PLANNING DIRECTOR, BE USED FOR THE EXTERIOR OF THE BUILDING. PASSED 6-0. At 8:55 p.rn. the meeting recessed and was reconvened at 9:08 p.m. 3. A-749.2 - Rosenfeld; 14471 Big Basin Way, request to amend the conditions of an existing sign program in order to allow additional sign area for each individual tenant per Chapter 15 of the City Code. The parcel is located within the Saratoga Village and in the CH-1 zone district. -------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated November 6, 1992 to the Planning Commission. He answered several questions with regard to the issue. Commissioner Favero stated he felt that the allowance of 23.5 square feet of signage may be excessive. Planner Walgren explained that the application was intended to amend conditions of an existing sign program and that it would merely place an aesthetic control on allowable signage at the site. Commissioner Favero suggested the item be continued in order to allow the Commission time to study the application and gather a sense of how large of a sign is proposed. Commissioner Bogosian and Asfour did not support the suggestion to continue the item. Commissioner Bogosian suggested that the Commission check with the applicant as to his/her preference regarding continuing the item. The applicant was not present. The public hearing was opened at 9:20 p.m. There was no one wishing to speak. ASFOUR/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. PASSED 6-0. Commissioner Bogosian stated that he could support the application and would like to move forward with the item. • ~ Plarning Commission fV+tes Meeting of November 10, 1992 - Page 6 Commissioner Murakami concurred with the comments made by Commissioner Bogosian. - Commissioner Favero stated that he could support the application if enforcement would be pursued. BOGOSIAN/ASFOUR MOVED TO APPROVE A-749.2. Commissioner Forbes stated that he saw no reason to change the size of the existing signs, but would go along with his fellow Commissioners and support the application. Commissioner Favero concurred with the statement made by Commissioner Forbes. THE MOTION PASSED 6-0. 4. AZO-92-006 - An ordinance of the City of Saratoga repealing Section 15- 45.0901b) and Section 15-46.050(b) and adding Section 15- 45.090(b) and Section 15-46.050(b) to the Code of the City of Saratoga, relating to extensions of time for design review and site modification approvals. Planner Walgren presented the Report dated November 6, 1992, to the Planning Commission. He also answered questions with regard to the item. At 9:39 p.m. Chairperson Caldwell opened the public hearing. Dick Oliver, Dividend Development, inquired whether the old Paul Mason Winery site was on the list of projects that may be effected by adoption of this ordinance. Staff indicated that the project did appear on the list. Mr Oliver explained that large projects such as the one he represents almost always incur unforeseeable delays and that a two year time limit placed on the design approval is not sufficient. He stated that in his opinion a two year time limit placed on the design approval would undermine the time allowance given by the State Map Act. He suggested that the projects which appear on the list included in the Staff report be grandfathered in and be exempt from this ordinance should it be adopted. Bob Sheppard, 20665 Lomita Avenue, spoke in opposition to the proposed ordinance and questioned the legality of adopting and enforcing such ordinance. He suggested that the listed projects be grandfathered in and declared exempt from the proposed ordinance. Ms Taeo, spoke in opposition to the proposal to repeal the code sections relating to design review extensions and site modification approvals. She spoke in favor of exempting the listed projects from this change in the code, should it be adopted. Planning Commission N~tes , Meeting of November 10, 1992 • Page 7 Mr. Tager, 13983 Pike Road, spoke in opposition to the proposal stating that it would serve no purpose. He stated that the City Council should address more significant problems within the City. He also questioned whether the notice provided by the City had been ample He stated that Saratoga was known to be one of the most difficult cities in the area in which to obtain project approval to develop a piece of property. Mary Dutro, 20820 Big Basin Way, explained that because of the numerous conditions of approval placed on design applications extensions were sometime needed in order to meet all of the conditions. She spoke in favor of exempting the projects which appear on the list in the Staff Report from the ordinance should it be adopted. ASFOUR/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:50 P.M. PASSED 6-0. Commissioner Asfour stated that he would have a problem with adopting the proposal without grandfathering the projects which are listed in the Staff Report. In response to Commissioner Forbes' question regarding the noticing, Planner Walgren stated that individual notices had been sent out one week prior to the meeting date to all property owners of the addresses that appear on the list in the Staff Report. He also noted that notices had appeared in the local newspaper. Commissioner Favero addressed a point brought up by Mr. Tager and explained that Saratoga has stringent design review for the purpose of trying to maintain the City's rural character. He also stated that it is Saratoga's character that makes Saratoga attractive and desirable to many people. Commissioner Favero also stated that he questioned whether a conflict of interest may exist due to the close proximity of his residence to a project listed in the Staff Report. He suggested, due to the absence of legal counsel to determine whether a conflict of interest existed and to advise on other issues, that the item be continued. Commission Bogosian also expressed concern with regard to a his possible conflict of interest pertaining to another property listed in the staff report. He concurred with Commissioner Favero's suggestion to continue the item. Planner Walgren stated that with regard to the Paul Mason Winery site, this proposal would not effect the project because it is a planned unit development which is governed by another section of the code which is excluded from this proposal. Chairperson Caldwell expressed support for a continuance of the item. ASFOUR/FORBES MOVED TO RE-OPEN THE PUBLIC HEARING AND CONTINUE IT TO THE NOVEMBER 24, 1992 PLANNING COMMISSION MEETING. PASSED 6-0. STAFF WAS DIRECTED TO RENOTICE THE PUBLIC HEARING. ;~ `6, .Planning Commission N~tes Meeting of November 10, 1992 Page 8 DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS 1. Review of modifications to design review application DR-92-004 - Svoboda, Mt. Eden Road (approved at the July 22, 1992 Planning Commission meeting-. Planner Walgren explained that the grade had been inadvertently misrepresented on the plans during the design review process. He stated that the grade is approximately 2 feet higher than previously represented. Planner Walgren explained the building and building pad had been modified in order to mitigate the higher grade and to maintain the same height as approved during design review. The Commission expressed acceptance of the modification. COMMUNICATIONS Written 1. City Council minutes - 10/21 & 10/27/92 2. Public hearing notices of upcoming items for the November 24, 1992 Planning Commission meeting. Oral City Council ADJOURNMENT At 10:08 p.m. Chairperson Caldwell adjourned the meeting to 7:30 p.m. on November 24, 1992, in the Civic Theater, 13777 Fruitvale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk