HomeMy WebLinkAbout02-10-1993 Planning Commission minutes~' CITY ~SARATOGA PLANNING COMM•ION
MINUTES
February 10, 1993 - 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 Murakami, Moran, Jacobs and
Wolfe
Absent: Commissioners Bogosian and Asfour
PLEDGE OF ALLEGIANCE
MINUTES
Minutes of January 27, 1993.
Planning Director Curtis had the following corrections:
Page 1, last paragraph (the motion) should be corrected to reflect a 3-0-1 vote
with Commissioner Asfour abstaining.
Page 7, 5th paragraph from the bottom should reflect that the March 10, 1993
Planning Commission meeting will be moved to Tuesday, March 9, 1993.
MORAN/MURAKAMI MOVED APPROVAL OF THE MINUTES OF JANUARY 27,
1993 AS CORRECTED (ABOVE). PASSED 3-0-2 (COMMISSIONERS WOLFE AND
JACOBS ABSTAINED).
ORAL COMMUNICATIONS
Gene Zambetti, 14540 Big Basin Way, addressed the Commission regarding the
Hulme application (#DR-92-032) and requested the site be placed on the February 23,
1993 Land Use Agenda. He noted that he would be contacting the new
Commissioners to go over the Hulme project/application.
Chairperson Caldwell noted the presence of new Planning Commissioners Wolfe and
Jacobs and welcomed them to the Planning Commission.
Planning Commission M' s
Meeting of February 10, 3
Page 2
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on February 5, 1993.
TECHNICAL CORRECTIONS TO PACKET
Planner Walgren noted the following technical corrections to the packet:
Item #6, Page 49, Condition #2, should read "Prior to the expiration of the use
permit on January 25, 1994, the applicant/owner shall submit a complete
application for a second and final one-year review for Planning Commission
review prior to January 25, 1994 to ensure that conditions of approval have
been complied. At that time the Planning Commission shall determine if its use
should be allowed to continue pursuant UP-550."
PUBLIC HEARING CONSENT CALENDAR
1. DR-92-042 - Gregorian; 15425 Monte Vista Dr., request for design review
approval to construct a new 5,988 sq. ft. two-story single family
residence per Chapter 15 of the City Code. The subject property
is approximately 47,480 sq. ft. and is located within an R-1-40,000
zone district (cont. to 2/24/93 to allow staff and the applicant
to address recent amendments to the Uniform Fire Code;
application expires 5/17/93).
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2. SM-92-009 - Robbins; 15244 Montalvo Heights Ct., request for site
modification approval to allow the construction of a swimming
pool, surrounding rockscape and waterfall, redwood decking, and
gazebo per Chapter 15 of the City Code. The subject property is
approximately 2.5 acres and is located in an R-1-40,000 zone
district (cont. to 2/24/93 to allow the applicant time to revise
the plans; application expires 6/11/93).
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MORAN/MURAKAMI MOVED TO APPROVE THE CONSENT CALENDAR.
PASSED 5-0.
Planning Commission Mi~s ,
Meetin of Februar 10, 1993
9 Y
Page 3
PUBLIC HEARINGS **
3. DR-93-002 - Baker; 14700 Oak St., request for design
UP-92-008 - review approval to construct a 237 sq. ft. second story addition
and 559 sq. ft. of first floor area to an existing 2,853 sq. ft. two-
story residence. The design review also involves the relocation of
the residence 20 feet closer to Oak Street. The applicant is also
requesting use permit approval to construct a detached 400 sq. ft.
garage located within the rear yard setback per Chapter 15 of the
City Code. The parcel is approximately 14,326 sq. ft. in site area
and is located within an R-1-10,000 zone district (cont. from
1/27/93; application expires 7/12/93).
Planner Walgren presented the Report dated February 10, 1993, and answered
questions from the Commission with regard to the application.
CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 7:45 P.M.
Howard Baker, 14700 Oak Street, applicant, spoke in favor of the application. He
expressed his desire to retain the character of the existing house and preserve the oak
trees on the property. In response to Commissioners Moran's and Wolfe's inquiry
regarding the maintenance of the private street, Mr. Baker explained that no private
maintenance agreement exists among the property owners. He explained that many
of the Lomita Avenue residents consider the rough/uneven surface of the street as a
natural speed deterrent and may not favor implementation of a condition requiring Mr.
Baker to repair his portion of Lomita Avenue. He did, however, state that he would
comply with such a condition should the Planning Commission add it as a condition of
approval.
MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M.
PASSED 5-0.
MORAN/CALDWELL MOVED TO APPROVE DR-93-002 AND UP-92-008 WITH AN
ADDED CONDITION THAT THE PORTION OF LOMITA AVENUE ADJACENT TO
THE BAKER PROPERTY BE REPAIRED TO MEET MINIMUM PUBLIC STREET
(DRIVING) STANDARDS. PASSED 5-0.
Planning Commission ~es
Meeting of February 10,2993
Page 4
4. V-92-023 - Johnson; 13877 Upperhill Ct., request for variance approval to
allow the replacement and extension of an existing retaining wall
with a maximum height of 14 feet per Chapter 15 of the City Code.
The subject property is approximately 1.25 acres and is located
within an R-1-40,000 zone district (cont. from 1/27/93;
application expires 6/22/93).
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Planner Walgren presented the Report dated February 10, 1993, to the Commission.
CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 7:55 P.M.
Wayne Johnson, applicant, submitted a letter from the insurance company offering a 3
year guarantee on the proposed wall only if the plans which the insurance company
had specifically engineered were followed. Mr. Johnson spoke in opposition to staff's
recommended location for the wall and the picket fence. He expressed his preference
for a different species of trees to be used for screening purposes and urged the
Commission to allow him to remove two pine trees. Mr. Johnson also answered
questions from the Commission with regard to his project.
Commissioner Jacobs inquired about the City Engineer's opinion regarding the
location of the wall as recommended by staff. Planner Walgren explained that the City
Engineer had reviewed the plans and that it was determined no engineering difficulties
exist with regard to this project. He noted that the concerns were mainly associated
with the aesthetics of the wall.
Commissioner Moran inquired about the process in which staff chooses the type of
landscaping (specifically trees) to be used for a project.
Planner Walgren explained that the City Arborist make a recommendation to staff
based on the site's soil, slope, location, etc.
MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:17 P.M.
PASSED 5-0.
MORAN/JACOBS MOVED TO APPROVE V-92-023 AS RECOMMENDED IN THE
STAFF REPORT WITH A MODIFICATION TO CONDITION 3B ALLOWING THE
APPLICANT TO CHOOSE THE TYPE OF TREES TO BE USED PROVIDED THAT
THE TREES BE REVIEWED AND APPROVED BY THE CITY ARBORIST TO
ENSURE THAT THE SPECIES IS FAST GROWING AND SLOPE TOLERANT.
Planning Commission ~es •
Meeting of February 10,~J93
Page 5
CHAIRPERSON CALDWELL AMENDED THE MOTION TO INCLUDE PLANNING
COMMISSION'S APPROVAL FOR THE APPLICANT TO REMOVE THE TWO
MONTEREY PINE TREES IDENTIFIED AS TREES 1 AND 2 ON THE LANDSCAPE
PLAN. THIS AMENDMENT WAS ACCEPTABLE TO THE MAKER AND
SECONDER OF THE MOTION.
THE MOTION PASSED 5-0.
5. DR-92-044 - Van Dyke; 18774 McFarland Ave., request for
UP-92-015 - design review approval to construct a 821 sq. ft. addition to an
existing 1,227 sq. ft. single story residence and to construct a 13
ft. 2 in. tall 390 sq. ft. detached garage. Pursuant to Chapter 15 of
the City Code, use permit approval is also requested to allow the
detached garage to be located within the rear yard setback. The
subject property is approximately 10,000 sq. ft. and is located
within an R-1-10,000 zone district.
Planner Walgren presented the Report dated February 10, 1993, to the Commission.
CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 8:22 P.M.
Matthew Van Dyke, applicant, spoke in favor of the application and offered to answer
questions from the Commission.
MORAN/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 8:24 P.M.
PASSED 5-0.
MORAN/WOLFE MOVED TO APPROVE DR-92-044 AND UP-92-015. PASSED 5-0.
6. UP-550.3 - Desert Petroleum; 12600 Saratoga Ave., request for aone-year
review of an existing gasoline service station (ARCO) pursuant to
Resolution UP-550.1 conditions of approval. The parcel is
approximately 23,715 sq. ft. and is located within an R-M-5,000 P-
C zone district.
Planner Walgren presented the Report dated February 10, 1993, and answered
questions from the Commission.
Planning Commission tes
Meeting of February 1093
Page 6
Chairperson Caldwell noted receipt of various letters from the public on this item. She
encouraged members of the public to submit all outstanding letters on the project so
the Commission could review the letters. Chairperson Caldwell inquired about staff's
comments on the letters which had been received prior to the meeting.
Planner Walgren stated that most of the letters expressed concerns with the gas
station being incompatible and the potential intensification of its use due to the
opening of Highway 85.
Chairperson Caldwell recessed the meeting at 8:30 p.m. to allow time for the
Commission to read the letters which had been submitted. The meeting was
reconvened at 8:45 p.m.
Per Chairperson Caldwell's request, Planning Director Curtis clarified the purpose of
the public hearing regarding the site. Planning Director Curtis explained that the
annual review of the gas station's use permit had come due. Since the site is
currently in the process of being sold, the potential new owner requested that the
Commission consider use permit approval/extension for a period of ten years and
eliminate the original use permit condition which requires a second one-year review.
However, Planning Director Curtis further explained, staff has recommended against
the 10 year use permit extension and supports retaining the condition of the original
use permit which requires the use permit to come before the Planning Commission
for a second one-year review. Planning Director Curtis also answered questions from
the Commission with regard to the application.
Chairperson Caldwell noted receipt of letters from Marilyn and Bob Peterson, Mr.
Johanson, Raymond and Beverly Sault, Paula Shulman, Mr. Baltz and Mr. and Mrs.
Cross. Chairperson Caldwell also inquired about any complaints received by the City
with regard to the use of the site.
Planner Walgren reported that the City has not received any formal complaints on the
gas station site.
CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 8:55 P.M.
John, 2060 Noel Drive, representing the applicant, Desert Petroleum, expressed
disappointment in staff's recommendation that the second one-year review, as
conditioned in the original use permit, be maintained. He explained that the present
owner of the gas station is involved in a Chapter 11 Bankruptcy and has been
required to sell a portion of its real estate. He explained that the prospective buyer of
the gas station is only interested in purchasing the property if the 10 year use permit
extension is granted. He noted that the gas station has operated at this
Planning Commission ~es •
Meeting of February 10, fi393
Page 7
site for a number of years and has strived to operation in compliance with its use
permit. He urged the Planning Commission to grant a 10 year extension of the use
permit.
Commissioner Moran asked about the noticing of the item.
City Attorney Riback explained that the item had been properly noticed for the
requested 10 year extension.
Planner Walgren explained that the applicant had requested a 10 year use permit
extension, but staff recommends that the original condition requiring two one-year
reviews of the site be followed.
Ebrahim Kaabipour, 1935 Schubert Drive, Saratoga, explained that he is the potential
buyer of the gas station and that he is interested in pursuing his application for the 10
use permit extension. He noted that staff's recommendation to follow the condition for
a second annual review of the use permit for the site is very upsetting to him. He
stated his inclination to cancel the deal to purchase the gas station should the
Planning Commission decide not to consider the requested 10 year extension.
Raymond Sault, 18867 Biarritz Lane, submitted a letter and spoke in opposition to
granting an extension to the use permit. He expressed concern regarding increased
traffic and health and safety issues. He urged the Commission to adhere to the
original use permit expiration date of 1994 and not extend the use permit approval
past that date.
Richard Johanson, resident on Saratoga Avenue, submitted a letter and expressed
concern regarding the possibility of gas product leaking into the soil causing health
and safety and environmental hazards. He spoke in opposition to extending the use
permit past the 1994 expiration date. He stated that the use is in conflict with zoning
regulations, is injurious to surrounding homes, poses safety hazards to residents and
the environment, and is a public nuisance because of the loitering, litter, and the
increased traffic. Mr. Johanson also answered questions from the Commission with
regard to the site.
Mr. Kaabipour requested that the application fee be refunded should the Planning
Commission decide not to consider the 10 year use permit extension request.
MORAN/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 9:28 P.M.
PASSED 5-0.
Planning Commission ~es •
Meeting of February 10,`993
Page 8
MORAN/WOLFE MOVED TO APPROVE OF UP-550.3 PER THE
RECOMMENDATIONS IN RESOLUTION NO. UP-550.3 (INCLUDING NEW
WORDING FOR CONDITION #2 AS NOTED IN TECHNICAL CORRECTIONS).
Commissioner Moran requested that for the next review of the use permit staff
investigate the reports of traffic problems and be prepared to report on their findings.
There was brief discussion regarding ways in which staff could address any traffic
problems at the site. Chairperson Caldwell suggested a monitoring program be
implemented. Planning Director Curtis stated that staff could check and make sure
that proper signage exists at the site.
Chairperson Caldwell asked for the Commission's feeling on refunding the applicant
the application fee as requested by Mr. Kaabipour.
Commissioner Moran expressed her concerns regarding setting a precedent for future
applicants. She explained that the fee is an application fee and not a guarantee of a
preferred recommendation or outcome.
Planning Director Curtis explained that the application fee has been spent on staff time
to prepare, research, and bring the application before the Planning Commission.
Therefore, he recommended that the fee not be refunded.
CHAIRPERSON CALDWELL RECOMMENDED THAT AN AMENDMENT BE ADDED
TO THE MOTION WHICH WOULD DIRECT STAFF TO CONDUCT AN ON-GOING
REVIEW OF THE GAS STATION'S COMPLIANCE WITH THE USE PERMIT
PROVISIONS SO INFORMATION REGARDING ANY VIOLATIONS OR PROBLEMS
WILL BE AVAILABLE TO THE COMMISSION AT THE TIME OF THE NEXT USE
PERMIT REVIEW.
THE MAKER AND SECONDER OF THE MOTION ACCEPTED CHAIRPERSON
CALDWELL'S AMENDMENT TO THE MOTION. THE MOTION PASSED 5-0.
7. SM-92-007 - Page; 21751 Congress Hall Ln., request for modification of a site
development plan to construct a pool, spa, decking and gazebo
on Lot #22 within the Parnas subdivision per Chapter 15 of the
City Code. The parcel is approximately 2.14 acres and is located
within the HR zone district.
Planner Walgren presented the Report dated February 10, 1993 and answered
questions from the Commission with regard to the application.
Planning Commission ~es
Meeting of February 10,~J93
Page 9
CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 9:35 P.M.
Glen Bullig, 10460 Pine Ville Avenue, Cupertino, project architect, spoke in favor of the
application. He explained that the project had received prior Planning Commission
approval, but due to cost overruns of the main structure, the property owners were
unable to proceed with their plans to construct a pool, spa, deck and gazebo. He
explained the project and the landscape plans to the Commission.
Jim Page, applicant, spoke in favor of the application and the proposed landscape
plan.
MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 9:55 P.M.
PASSED 5-0.
MORAN/MURAKAMI MOVED TO APPROVE SM-92-007. PASSED 5-0.
8. DR-92-034 - Kinnier; 14706 Sixth St., request for design
V-92-023 - review approval to construct atwo-story, 1,754 sq. ft. residence
on an existing substandard 3,271 sq. ft. parcel pursuant to
Chapter 15 of the City Code. Variance approval is also requested
to allow the proposed structure to encroach into the required side
yard setbacks and to allow aone-car garage in lieu of the required
two-car garage.
Planner Walgren presented the Report dated February 10, 1993, and answered
questions from the Commission with regard to the project. Planner Walgren noted the
receipt of letters from Sue Kalman and Diane Tully expressing, opposition to the project
specifically opposing the size of the proposed house and the exception of a 1 car
garage (instead of the required 2 car garage). Planner Walgren also noted the receipt
of a letter from Mr. and Mrs. Adams opposing the 1 car garage exception.
AT 9:57 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING.
Linda Kinnier, applicant, spoke in favor of the application. She noted that a majority of
the existing homes in the vicinity have only one-car garages. Ms. Kinnier explained
haw the plans for the proposed house had been redesigned per the direction of the
Planning Commission. She pointed out the utilization of non-deciduous trees in the
landscape plan and noted that these trees would provide/protect privacy year-round.
Planning Commission es ,•
Meeting of February 1093
Page 10
Commissioner Wolfe inquired as to the number of off-street parking places that would
be provided. Staff indicated 2 parking places -one in the garage and one in the
driveway. Ms. Kinnier, applicant, stated that she would be agreeable to extending the
width of the driveway in order to provide additional off-street parking.
George Cobell, P.O. Box 1202, Carmel, owner of property immediately south of
subject site, expressed concern regarding the size of the proposed house. He stated
his opinion that the house was massive and too large for the lot. He also expressed
concern regarding impacts on privacy. He noted that there had been a discrepancy in
the location of the property line.
Henry Wyrsch, 14700 6th Street, spoke in opposition to the application stating that the
house is too large for the lot. He expressed preference for a one story home and
suggested that the house size be reduced.
Gloria Wyrsch, spoke in opposition to the proposed project. She stated that atwo-
story structure would be out of character and suggested that the applicant be directed
to design a one story home.
Mrs. Cobell, 14710 6th Street, concurred with the comments made by previous
speakers. She also expressed concern regarding privacy impacts because of the
slope of the lot. She stated that the proposed project would have a negative impact
on the historical house at 14700 6th Street and reported existing on-street parking
problems in the area.
Ms. Kinnier, applicant, addressed the concerns raised by previous speakers. She
explained that the Code restrictions would allow for a one story home of only 840
square feet (approximately) which would be inadequate for her needs. She noted that
she also plans to install a retaining wall to alleviate any erosion potential.
MORAN/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 10:33 P.M.
PASSED 5-0.
Discussion commenced regarding the design, privacy concerns as expressed by the
public, and the landscape plan.
Commissioner Jacobs noted that he saw no way to redesign the home without
removing the second story which would severely restrict the size of the home and
which the applicant has indicated is not acceptable. Chairperson Caldwell concurred
with Commissioner Jacobs' comment.
CALDWELL/JACOBS MOVED TO APPROVE V-92-023. PASSED 5-0.
Planning Commission M es
Meeting of February 10,93
Page 11
Commissioner Jacobs expressed his preference for retaining as much landscaping as
possible instead of increasing the width of the driveway to allow for additional parking.
CALDWELL/JACOBS MOVED TO APPROVE DR-92-034. PASSED 5-0.
DIRECTORS ITEMS
Planning Director Curtis verified that the Commission had denied Desert Petroleum's
request fora 10 year use permit extension and had approved the one year use permit
review per recommendations made in the staff report. The Commission indicated that
this was correct.
COMMISSION ITEMS
Commissioner Moran inquired about roofing material requirements, specifically the
required fire retardant rating. Staff explained the requirement for the use of fire rated
roofing materials.
COMMUNICATIONS
Written
1. City Council minutes - 1 /20 & 1 /26/93
2. Public hearing notices of upcoming items on the 2/24/93 Planning Commission
meeting.
Oral
City Council
ADJOURNMENT
The meeting was adjourned at 10:45 p.m.to 7:30 p.m. on February 24, 1993, in the
Senior Day Care Center, 19655 Allendale Ave., Saratoga, CA.
Andrea M. Chelemengos
Minutes Clerk