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HomeMy WebLinkAbout12-09-1992 Planning Commission MinutesCI''~)F SARATOGA PLANNING COMM~,ON MINUTES December 9, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting ---------------------------------------------------------------------------------------------------------- The meeting was called to order at 7:30 p.m. by Chairperson Caldwell. ROLL CALL Present: Chairperson Caldwell, Commissioners Forbes, Murakami, and Moran Absent: Commissioners Favero, Asfour and Bogosian PLEDGE OF ALLEGIANCE MINUTES Minutes of November 24, 1992. Commissioner Moran had the following correction: Page 8, 5th paragraph from the bottom should read:"Commissioner Moran stated she would like the applicant to reconsider his preference not to relocate the structure." Chairperson Caldwell had the following corrections: Page 2, 2nd paragraph, the words "if present" should be removed. Page 2, after the 5th paragraph the following wording should be added: "Chairperson Caldwell advised Commissioner Bogosian that it is his decision to determine whether he should remove himself from deliberations due to a conflict of interest. Commissioner Bogosian took this under advisement." Page 3, 2nd paragraph, 3rd sentence should read: "He suggested that the Commission consider a utility moratorium exception beyond the two years to allow the full three one-year extensions." Page 4, 4th paragraph, should be clarified to read: "Commissioner Forbes inquired whether a design review approval would stand (remain valid) if the site becomes hazardous." Page 4, 6th paragraph, the word "exception" should be added after "moratorium". Planning Commission tes Meeting of December 9, 992 r Page 2 Page 4, 7th paragraph, 4th line, the following language should be added after "design review": "because design review typically does not take place until the final map is approved." Page 4, 3rd paragraph from the bottom, should read: "Chairperson Caldwell stated that the ordinance has merit and she supports recommending that a blanket grandfathering (2 year approval with the eligibility of three one-year time extensions per original approval) be applied..." Page 5, motion in the middle of the page, 4th line the words "as originally approved" should be added after the word "extensions". Page 6, 2nd paragraph, the vote should be relocated after the 4th paragraph. Commissioners Moran and Bogosian stated their support for the application prior to the vote. Page 7, 4th paragraph from the bottom should read: "Chairperson Caldwell noted the size of the proposed structure din the original a~ylication) was 73% of the size of the main structure. Staff pointed out that the proposed guest house is actua11~45% of the size of the main structure." Page 8, 2nd complete paragraph the word "accessory' should be inserted prior to "structure". Page 10, 2nd paragraph from the bottom, the following should be added at the end of the 2nd sentence: "of the relocated wall". Page 11, 2nd paragraph, the following should be added at the end of the sentence: "not the 21% stated by Mr. Sinsle~'. Page 11, 3rd paragraph from the bottom, "which she supports" should be added to the end of the sentence. Page 12, 4th paragraph from the bottom, at the end of the last sentence, "by the Sinsleys" should be added. Commissioner Moran urged the Planning Staff to carefully review the revised minutes for accuracy since the minutes may be used as reference by the City Council in reviewing the appeal of the Sinsley application. Chairperson Caldwell concurred with the comments made by Commissioner Moran. MORAN/FORBES MOVED APPROVAL OF THE MINUTES OF NOVEMBER 24, 1992 AS CORRECTED (ABOVE). PASSED 4-0. Planning Commission rtes Meeting of December 9, 1992 Page 3 ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 4, 1992. TECHNICAL CORRECTIONS TO PACKET None PUBLIC HEARING CONSENT CALENDAR 1. SD-92-004 - Glennon; 13091 Pierce Rd.; request for tentative map approval to subdivide a 3 acre parcel into two (2) separate parcels of 1.92 and 1.08 acres within an R-1-40,000 zone district per Chapter 14 of the City Code. The minor land division is categorically exempt from further environmental review under the CEQA guidelines (cont. to 1/13/93 due to the applicant submitting a revised map which requires the renoticing of the project as a variance request; application expires 4/8/93). ----------------------------------------------------------------------------------------------------------- MORAN/FORBES MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. PASSED 4-0. PUBLIC HEARINGS 2. UP-92-010 - Shaw; 12220 Saratoga-Sunnyvale Rd., request for use permit approval to allow the operation of a 1,258 sq. ft. chiropractic office in an existing 7,500 sq. ft. commercial building per Chapter 15 of the City Code. The subject property is located within a C-V zone district. Planner Walgren presented the Report dated December 9, 1992 and answered questions from the Commission with regard to the application. The public hearing was opened at 7:47 p.m. There was no one wishing to speak. Planning Commission rtes Meeting of December 9, 1992 Page 4 MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 7:47 P.M. PASSED 4- 0. MORAN/MURAKAMI MOVED TO APPROVE UP-92-010 AS RECOMMENDED IN THE STAFF REPORT. PASSED 4-0. 3. SD-88-005.4 - DiManto; Peach Hill Rd. & Madrone Hill Rd., request for a third and final one-year extension to an approved tentative map pursuant to Chapter 14 of the City Code. The approved subdivision created five single-family residential lots ranging in size from approximately 3 acres to 6.3 acres. The 23 acre hillside property to be divided is partially developed with a former estate and is located within both the Hillside Conservation-Residential (HC-RD) and R-1-40,000 zone districts. ----------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated December 9, 1992 to the Commission. He also answered questions from the Commission with regard to the application and the proposed project. The public hearing was opened at 7:55 p.m. Bill Heiss, representing applicant, spoke in favor of the application for extension. He summarized the history of the project and the various factors contributing to its delay. He specifically mentioned problems with regard to water hook ups. He stated that the cost previously quoted by the San Jose Water Company had now increased significantly due the need to construct a new water main in order to meet the Cites water flow requirement for fire safety. He also answered questions from the Commission with regard to the project. MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:09 P.M. PASSED 4-0. Commissioner Forbes stated he would like to see the "old road", that is depicted on the map, maintained as a pedestrian corridor connecting the land of Phase I and Phase II to provide an additional means of escape should a main ingress/egress be blocked during a fire or other disaster. He stated that he felt this was a very important safety issue and that an alternative means by which people could get out of either of the cul-de-sacs should be provided. Planner Walgren stated that the suggestion made by Commissioner Forbes had been discussed at previous extension hearings, but the proposal had been determined to be out of the realm of the application. Planning Commission rtes Meeting of December 9, 1992 Page 5 Chairperson Caldwell inquired whether the concern expressed by Commissioner Forbes would rise to a the level of a safety issue and thus justify the attachment of additional conditions. City Attorney Riback explained that if findings could be made to clearly specify the safety concern, a modification could then be made to the original conditions based upon those findings. Commissioner Moran inquired as to what weight the appearance of the "old road" on the tentative map carries. Planner Walgren explained that the appearance of the road on the original preliminary plan was to represent the road's existence on the property and to indicate topographical conditions on the site. He stated that it was never delineated to be an access or pedestrian connection. Planner Walgren also explained, in order to keep the road open, it would need to be formally dedicated as a public easement. In response to Chairperson Caldwell's question with regard to the expiration of the application, Planner Walgren stated that the deadline was not pending and that there would be ample time should the Commission decide to continue the application to a future date. Chairperson Caldwell suggested that the item be continued to allow staff to research the suggestion made by Commissioner Forbes and to determine if there is justification to make modifications or additions to the original conditions of approval. Planner Walgren stated that the issue had been discussed at previous extension hearings and technically the Planning Commission did not have the authority to require the dedication of the road as a pedestrian access easement. However, the applicant could voluntarily maintain the road as a pedestrian access way. City Attorney Riback stated that if the Planning Commission continued the item for exploration of the pedestrian access issue, it would be appropriate to consult the Fire District as to their opinion of whether a fire safety concern existed. Commissioner Moran inquired whether or not the issues of maintaining a pedestrian access way had been previously discussed and studied and if so, had the past Planning Commission been satisfied that no new safety concerns existed. She inquired whether the present Planning Commission would have to make new findings to support modifications to the conditions or if the Commission could make modifications based on findings that the previously discussed fire safety issues/concerns had not been adequately addressed. ' Planning Commission Minutes Meeting of December 992 Page 6 City Attorney Riback explained that if the fire safety issue had been dealt with by a previous Commission, the current Planning Commission would have to find that conditions, relating to the project, had somehow changed since the last discussion on the fire safety issue. Chairperson Caldwell inquired if the knowledge of the Oakland Hills fire experience could serve as a basis on which modifications to the application could be made. City Attorney Riback stated that the knowledge gained from the Oakland Hills fire could possibility be used to justify modifications to the project's originally approved conditions. He also urged the Commission to seek input from the Fire District. Chairperson Caldwell expressed support for continuing the item and directing staff to research and determine whether the fire safety concern and the pedestrian access way had been previously discussed and examined. City Attorney Riback stated that findings must be made that new information or conditions exists which pertain to the property in order to support modifications or additions to the original conditions can be made. COMMISSIONER FORBES MOVED TO CONTINUE 88-005.4 TO THE JANUARY 13, 1993 PLANNING COMMISSION MEETING FOR THE PURPOSE OF SEEKING ADVISEMENT FROM THE FIRE DISTRICT REGARDING THE FIRE SAFETY ISSUE AND THE PEDESTRIAN ACCESS WAY. Planner Walgren stated that the original map and the subsequent extension requests had been reviewed by the Fire District and the check list which the Fire District had signed off was present in the project file. THE MOTION WAS SECONDED BY COMMISSIONER MURAKAMI AND PASSED 4-0. 4. DR-92-041 - Pacioni; 15492 Monte Vista Dr., request for design review approval to extend an existing deck which will exceed the allowable 5 ft. underfloor clearance by 4 ft. per Chapter 15 of the City Code. The parcel is approximately 43,500 sq. ft. and is located within an R-1- 40,000 zone district. -------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated December 9, 1992. He noted for the sake of clarification that the proposed enclosed deck would count in gross floor area and added the following condition to the recommended resolution: #4. The enclosed underfloor area shall not be converted to habitable and/or usable space unless appropriate permits to do so are issued. Planner Walgren also answered questions from the Commission with regard to the project. Planning Commission Minutes Meeting of December 9;92 • Page 7 Planner Walgren stated, in response to Commissioner Moran's question, that no landscaping was proposed with the application. Commissioner Moran asked if staff had considered requiring some landscaping to soften the elevation of the proposed addition. Planner Walgren stated that staff had not requested the applicant to install additional landscaping. The public hearing was opened at 8:27 p.m. Mr. Pacioni, 15492 Monte Vista Drive, applicant, stated that he had planned to install shrubs around the proposed enclosed deck. MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 8:32 P.M. PASSED 4 0. MORAN/FORBES MOVED TO APPROVE DR-92-041 WITH THE ADDED CONDITION THAT A LANDSCAPING PLAN TO SOFTEN THE MASS AND BULK OF THE DECK BE SUBMITTED AND APPROVED BY THE PLANNING DIRECTOR AND THE LANDSCAPING BE INSTALLED PRIOR TO FINAL INSPECTION. CHAIRPERSON CALDWELL HAD THE FOLLOWING AMENDMENTS TO THE MOTION: • 2ND FINDING OF THE RESOLUTION BE CHANGED TO INDICATE THAT THERE SHALL BE NO GRADE CHANGES. • 3RD FINDING OF RESOLUTION DR-92-0041, ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: "AND THAT THE DECK BE PAINTED AN EARTHTONE COLOR" • 4TH FINDING, 4TH LINE FROM THE BOTTOM, THE WORD "SIGNIFICANTLY" SHOULD BE ADDED BEFORE THE WORD "CHANGE". THE ABOVE AMENDMENTS TO THE MOTION WERE ACCEPTED BY THE MAKER AND THE SECONDER OF THE MOTION. THE MOTION (AS AMENDED) PASSED 4-0. 5. V-92-015 - Miller; 14101 Douglass Ln., request for DR-92-043 - variance approval to convert an existing carport (which is located 4 ft. from a side property line where 6 ft. is required per Chapter 15 of the City Code) into a 389 sq. ft. garage. The request also requires design review approval to allow the construction of a 144 sq. ft. second-story addition to an existing 2,239 sq. ft. two-story residence. The property is located on a 10,477 sq. ft. parcel within an R-1-20,000 zone district. ---------------------------------------------------------------------------------------------------- Planning Commission Minutes Meeting of December 992 Page 8 Planner Walgren presented the Report dated December 9, 1992 to the Planning Commission. He noted that a letter had been received from Mrs. Barrett objecting to the 2 square windows on the second level of the north elevation. Planner Walgren explained that the 2 windows were added per the recommendation of staff in order to add an architectural element to the north side elevation and to break up the blank wall. The public hearing was opened at 8:35 p.m. There was no one wishing to speak. MORAN/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. PASSED 4- 0. Commissioner Moran stated that she agreed with staffs recommendation to add the two windows on the north wall in order to break up the blank elevation. She suggested that obscure glass be used to mitigate any privacy impact concerns. She stated that although the neighborhood is primarily a one story neighborhood she felt the proposed second story addition was set back a sufficient distance in order to alleviate any concerns that the addition may be intrusive. Commissioner Murakami concurred with the comments made by Commissioner Moran. Chairperson Caldwell noted that the north elevation was not prominent to public view, only to the neighbors (Barretts). She stated that she was inclined to honor the Barretts request and eliminate the two windows. Commissioner Forbes expressed his support to address the concerns of the neighbors by either removing the two windows or requiring the use of obscure glass. Chairperson Caldwell stated that she found the language used in paragraph (b) of Resolution V-92-015 to be confusing. She stated that many properties in the vicinity have structures at 0 setbacks (existing on the property lines) and that the wording of this paragraph contradicts the true situation. Planner Walgren explained that the language was standard language used and that it refers to the broader scope of the zoning district, not only to those properties in the immediate vicinity. The other Commissioners indicated that they did not share Chairperson Caldwell's concern regarding the wording in paragraph (b). FORBES/MURAKAMI MOVED TO APPROVE V-92-015. PASSED 4-0. FORBES/CALDWELL MOVED TO APPROVE DR-92-043 WITH THE ADDED CONDITION THAT THERE BE NO WINDOWS ON THE NORTH ELEVATION OF THE PROPOSED ADDITION. PASSED 4-0. Planning Commission Minutes Meeting of December 992 Page 9 DIRECTOR'S ITEMS 1. UP-92-005; Saratoga Presbyterian Church use permit update. Planning Director Curtis presented the Report dated December 9, 1992 to the Planning Commission and answered questions regarding the proposed change to condition #7. The Commission indicated that the change, as proposed, was acceptable. Comrnissioner Moran noted that the words "commencement of should be added prior to the word "operation" in Condition #8. COMMISSION ITEMS Commissioner Forbes reported that construction on the weekends was becoming a nuisance. He suggested the City implement a ban on contractor/hired construction during the weekend. Discussion on this topic commenced. In conclusion, Planning Director Curtis indicated that Building Official Oncay had been consulted regarding this issue and would either provide a report to the Commission or be present at the February 5, 1993 worksession to discuss the issue and answer questions. Chairperson Caldwell brought up the issue of collecting a fee, equal to the cost of a replacement tree, when the situation arises in which an arborist determines that a particular site can not sustain the replacement tree(s) that was required per a project's conditions of approval. She suggested the issue be discussed with the City Council at a worksession. Commissioner Moran suggested the Planning Commission study this issue and then go to the City Council with a proposal. Planning Director Curtis explained that research regarding the legalities of this issue would need to be conducted by the City Attorney. Commissioner Forbes suggested the "in-lieu" fee be given to the Parks and Recreation Commission for their determination of the type and planting location of the trees. Chairperson Caldwell directed staff to agendize the issue for a future Planning Commission study session. Chairperson Caldwell expressed concern regarding the minutes that are reviewed by the City Council in the case of an appeal. She stated that the minutes used by the City Council should be the approved minutes and that the minutes should be checked by staff for accuracy. Planning Commission Minutes Meeting of December 992 • Page 10 Planning Commissioner Curtis explained that the appeal of the Planning Commission decision on the Sinsley application was a unique case since the appeal application came in the day after the Planning Commission hearing. He stated that the approved Planning Commission minutes are usually available to the City Council for review in such case as an appeal. He indicated that staffs report reflecting the action and deliberations on this item (Sinsley appeal) would be given to the City Council. There was discussion regarding the schedule of the Tuesday night adjourned Planning Commission meetings. The Commission indicated their preference for only one Tuesday night adjourned meeting per month. Planning Director Curtis stated that the second Tuesday night meeting appeared on the schedule for meeting room reservation purposes only and there would continue to be only one adjourned meeting per month unless the work program demands additional meetings. COMMUNICATIONS Commissioner Forbes acknowledged the receipt of a letter from Mr. Kocir opposing 7- day aweek 24 hour a day operation of any future business that may occupy the convenience store location on Sunnyvale-Saratoga Road. Written 1. City Council minutes - 11/18/92 Oral City Council ADJOURNMENT At 9;10 p.m., Chairperson Caldwell adjourned the meeting to 7:30 p.m. on January 5, 1993, in the Senior Adult Day Care Center, 19655 Allendale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk