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HomeMy WebLinkAbout02-24-1993 Planning Commission minutes~~ ~ ' CITY •SARATOGA PLANNING COMMlION MINUTES February 24, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order at 7:32 p.m. by Chairperson Caldwell. ROLL CALL Present: Chairperson Caldwell, Commissioners Bogosian, Jacobs, Wolfe, Murakami, and Asfour Absent: Commissioner Moran PLEDGE OF ALLEGIANCE MINUTES Minutes of February 10, 1993. Chairperson Caldwell had the following correction: Page 3, 3rd paragraph from the bottom, 6th line, the word "consider" should be inserted after the words "Lomita Avenue residents". JACOBS/MURAKAMI MOVED APPROVAL OF THE MINUTES OF FEBRUARY 10, 1993, AS CORRECTED (ABOVE). PASSED 4-0-2 (COMMISSIONERS ASFOUR AND BOGOSIAN ABSTAINED). ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 19, 1993. TECHNICAL CORRECTIONS TO PACKET Planner Walgren noted the following technical correction to the packet: Item #6, Page 51, Condition No. 26a, the words "and pruning" should be added to the condition. Planning Commission M s Meeting of February 24, y93 Page 2 PUBLIC HEARING CONSENT CALENDAR 1. 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 3/9/93 to allow the applicant time to revise the plans; application expires 6/11/93). --------------------------------------------------------------------------------------------------------------- 2. SD-92-006 - Bochenek; 14350 Douglass Ln., request for tentative map approval to subdivide a 3.05 acre parcel into two separate parcels of 1.47 and 1.58 acres within an R-1-20,000 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 3/9/93 in order to readvertise as a variance application; application expires 7/14/93). ----------------------------------------------------------------------------------------------------------- BOGOSIAN/JACOBS MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 6-0. PUBLIC HEARINGS ** 3. DR-92-032 - Hulme; 15222 Montalvo Heights Ct., request for design review approval to construct a second story deck which exceeds the allowable 5 ft. underfloor clearance by 3.5 feet per Chapter 15 of the City Code. The parcel is approximately 43,604 sq. ft. in site area and is located within an R-1-40,000 zone district (cont. from 1/27/93 to have the applicant revise the plans; application expires 7/27/93). Planner Walgren presented the Report dated February 24, 1993 and answered questions with regard to the application. AT 7:40 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING. Paul Hulme, applicant, 15222 Montalvo Heights Court, introduced his representative and offered to answer any questions from the Commission with regard to his proposed project. Gene Zambetti, 14510 Big Basin Way, representing applicant, gave a presentation in support of the application. He also submitted a letter of support from neighbors Mike and Josephine Olavarri at 20520 Montalvo Heights, and photos of the house Planning Commission M~s Meeting of February 24, 1 y93 Page 3 and site. He provided details on the proposed materials, various design features and proposed landscaping. He also answered questions from the Commission with regard to the project. ASFOUR/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. PASSED 6-0. Commissioner Asfour stated that he had concerns with whether the proposed landscaping would be adequate to screen the elevation of the project and soften any potential appearance of mass and bulk. Commissioner Wolfe explained that he had initially had concerns with the potential of the proposed deck adding to the existing structure's appearance of mass and bulk, its impact on neighbors, and its appearance from the street. He further explained that after visiting the site these concerns were lessened. He stated that he could now support the application. Commissioner Bogosian expressed concern with the new deck adding to the overall appearance of mass and bulk. He questioned whether acceptable conditions exists which would support the use of redwood trees as landscape screening. He stated that he was unable to support the application as proposed and recommended the deck be pulled back in approximately 15 feet from the end of the main structure. Commissioner Wolfe stated that he felt the house itself creates an appearance of mass and bulk and the addition of the deck would not add to this, but might actually break up the appearance of mass and bulk. He stated that he could support the application. Commissioner Asfour noted that the use of landscaping as screening should not sway the Commission's decision on whether to approve or deny an application. He stated that the structure should be judged on its own merit and not whether its appearance of bulk can be mitigated by the use of landscaping. Commissioner Jacobs stated that he felt the primary source of bulk comes from the house and the proposed deck will break up the bulk of the house. He spoke in favor of the application. He also stated that he would be in favor of shortening the deck only if the applicant is in agreement. He also stated that he did not think that shortening the deck would lessen the appearance of bulk. Commissioner Murakami expressed concern regarding the proposed use of redwood trees as screening. He concurred with Commissioner Bogosian's concern regarding whether acceptable conditions existed that would support redwood trees. Commissioner Murakami suggested that the City arborist review the . Planning Commission M' s Meeting of February 24, ~3 Page 4 landscape plan and make recommendations as to what type of landscaping would survive in the given conditions. Chairperson Caldwell stated that she had concerns regarding the project's appearance of bulk and mass, but that she could support the project if the deck was shortened and if the choice of screening trees was deferred to the City arborists for his recommendations. BOGOSIAN MOVED TO APPROVE 92-032 WITH THE ADDED CONDITION THAT THE DECK BE PULLED BACK. The motion was interrupted by Mr. Zambetti who requested he be allowed to address the Commission once again before a motion was made. ASFOUR/MURAKAMI MOVED TO RE-OPEN THE PUBLIC HEARING AT 8:05 P.M. PASSED 6-0. Mr. Zambetti, representing applicant, stated that if the Commission was inclined to shorten the deck, the applicant requests that the deck be allowed to extend over the first floor door and last first floor window. BOGOSIAN/WOLFE MOVE TO CLOSE THE PUBLIC HEARING AT 8:11 P.M. PASSED 6-0. Discussion commenced among the Commissioners regarding the request (above) and various ways in which the deck could be decreased and still meet the needs of the applicant. BOGOSIAN/WOLFE MOVED TO APPROVE 92-032 WITH THE FOLLOWING ADDED CONDITIONS: 1) THE DECK BE PULLED BACK (EXTENDING ONLY ENOUGH PASS THE 1ST FLOOR DOOR TO ALLOW THE DECK TO COVER THE 1ST FLOOR DOOR); AND 2) THE CITY ARBORIST BE CONSULTED ON THE LANDSCAPE MITIGATION. COMMISSIONER ASFOUR ADDED THE FOLLOWING AMENDMENT TO THE MOTION: THE APPLICANT SHALL COMPLY WITH ANY RECOMMENDATIONS MADE BY THE CITY ARBORIST WITH REGARD TO THE LANDSCAPE PLAN. THIS AMENDMENT WAS ACCEPTED BY THE MAKER AND THE SECONDER OF THE MOTION. THE MOTION PASSED 6-0. Planning Commission M~s • Meetin of Februar 24 193 9 Y Page 5 4. 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. from 2/10/93 to allow staff and the applicant to address recent amendments to the Uniform Fire Code; application expires 5/17/93). Planner Walgren presented the Report dated February 24, 1993, and answered questions from the Commission with regard to the project. Planner Walgren explained that the application had been previously continued due to discussions and research on the effect of new fire code requirements on the project. Planner Walgren noted that the City's Building Codes Administrator was present to answer any questions the Commission may have with regard to the project. Joe Oncay, Building Codes Administrator, answered questions from the Commission with regard to the project's sprinkler requirement. There was discussion between the Commission and staff regarding the new requirements of the 1991 Uniform Fire Code and its effect on the Gregorian application. Planning Director Curtis noted that the size of the house triggered the requirement for either upgraded water flow or installation of residential fire sprinklers. AT 8:29 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING. Mr. Gregorian, applicant, 1431 Redwood Drive, San Jose, spoke in favor of the application. He explained that when his project was first approved the 1991 Uniform Fire Code had not yet been adopted. He stated that he favored the installation of a second fire hydrant and noted that other homes would also benefit from a second hydrant. He stated that he did not feel the fire chief had taken into consideration the existence of a swimming pool which, in other cities, would enable the requirement for additional water supply be waived. Mr. Gregorian also noted the existence of a second fire hydrant just outside the subdivision gate. Chairperson Caldwell asked staff if the Fire Chief had exhausted every effort to research and resolve the additional water supply requirement. Planner Walgren stated that he was unsure whether the Fire Chief had exhausted every alternative regarding the fire code issues. Planner Walgren noted that the design review resolution leaves the issue open for any decision that the fire chief may work out with the applicant. Planning Commission M s • Meeting of February 24, 1 93 Page 6 Agnes Gregorian, applicant, spoke in opposition to the requirement to install residential fire sprinklers noting that an earthquake may cause the sprinklers to turn on thus damaging the interior and furnishings of the home. Peggy Emerson, 18974 Monte Vista Drive, suggested the house be reduce in size and limited to one-story. She stated that the proposed house would be incompatible with the surrounding homes. She expressed opposition to the impacts the new home may have and its effect on the view from her property. She invited the Planning Commission to visit her property and consider the impact the proposed structure would have on her property. Chairperson Caldwell explained that the Commission had visited the applicants site. Sophia Astoya, project architect, spoke in favor of the application. She noted that the second floor was very minimal and set toward the center of the first floor. She also noted that the height of the proposed house would be 24 feet instead of the 26 feet which is allowed by code. Mr. Gregorian, applicant, spoke in favor of the application and reiterated the points made by the project architect. ASFOUR/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. PASSED 6-0. ASFOUR/JACOBS MOVED TO APPROVE DR-92-042 PER THE RECOMMENDATIONS OF THE STAFF REPORT. Chairperson Caldwell stated that she appreciated the neighbor addressing the Commission with her concerns and noted that she (Chairperson Caldwell) remembered the neighbor voicing her concerns at the public hearing on the subdivision. Chairperson Caldwell explained that the one-story construction limitation placed (at the time of subdivision approval) on the lot immediately next to the neighbor (Peggy Emerson) would help to alleviate any potential impacts on her property. Chairperson Caldwell also stated that it was her conclusion that the proposed house, which will not be immediately next door to Peggy at 18974 Monte Vista Drive, will not significantly impact her view. THE MOTION PASSED 6-0. The meeting was recessed at 8:47 p.m. and then reconvened at 9:05 p.m. Planning Commission M s • Meeting of February 24, 1 93 Page 7 5. V-92-021 - Conley; 12757 Fredericksburg Dr., request for variance approval to allow a 218 sq. ft. addition to an existing 3,024 sq. ft. residence. The addition would extend an existing non-conforming building line that is set back 18 ft. 11 in. from the exterior side property line where 25 ft. is required per Chapter 15 of the City Code. The parcel is approximately 14,000 sq. ft. and is located within an R-1- 12,500 zone district. ----------------------------------------------------------------------------------------------------- P l a n n e r Walgren presented the Report dated February 24, 1993. CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 9:08 P.M. Randy Conley, 12757 Fredericksburg Drive, applicant, spoke in favor of the application. ASFOUR/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 9:09 P.M. PASSED 6-0. BOGOSIAN/MURAKAMI MOVED TO APPROVE V-92-021 PER RECOMMENDATIONS IN THE STAFF REPORT. Commissioner Bogosian stated that he was able to make the findings and could therefore support the application. Commissioner Asfour stated that he initially had difficulty making the findings to support the variance, but because of the mitigating circumstances that exist with this application he could support the application. Commissioner Murakami stated that he does not like to see many variance, but because of the mitigating circumstances, he does not feel that granting this variance request would constitute the granting of a special privilege and therefore supports this variance application. THE MOTION PASSED 6-0. - Planning Commission M s • Meeting of February 24, 93 Page 8 6. SD-93-001 - Audrey Smith Trust; Montalvo Rd. and Hill Ave., request for Tentative Map approval to subdivide two hillside parcels totaling 7.2 acres into six single-family residential building sites ranging from 40,000 to 50,000 sq. ft. in size. The subject property is located at the northwest corner of Montalvo Rd. and Hill Ave., within an R-1-40,000 zone district, and is proposed to be accessed via a cul-de-sac off Montalvo Rd. An environmental Negative Declaration will be presented at the public hearing for Planning Commission consideration. ----------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated February 24, 1993 and answered questions from the Commission with regard to the application. Chairperson Caldwell inquired whether the drainage problem that existed had been solved. Staff indicated that the water drainage problem had been corrected. CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 9:18 P.M. Bill Heiss, project civil engineer, gave a history of the site, made a presentation in explanation and support of the application and answered questions from the Commission with regard to the project. Commissioner Bogosian noted that while visiting the site, specifically Lot 2, he had noticed a pipe protruding from the ground. He thought it may be a well casing. He inquired about the function of the pipe and whether the conditions of the subdivision required the capping of any wells on the property. He also expressed safety concerns for potential hazard due to the protrusion of this pipe. Mr. Heiss stated that he did not know what the purpose of the pipe to which Commissioner Bogosian referred and indicated that he would investigate it prior to the next public hearing on the application. With regard to the issue of the protruding pipe, Commissioner Bogosian inquired ah\bout the City's liability for any injuries suffered as a result of this pipe. City Attorney Riback stated that there is a condition in the resolution that requires any wells on the property #o be sealed. He explained that compliance of this condition is the responsibility of the applicant and would alleviate the City of any liability. Planning Commission M s • Meeting of February 24, ~3 Page 9 Chairperson Caldwell outlined the issues of the subdivision as follows: 1) Redesign the entrance to the access road 2) Re-alignment of the (new) road 3) Provide a 60-foot Riparian Habitat Easement along Wild Cat Creek - to prohibit any development with in that 60 feet. (This was suggested by Chairperson Caldwell). Commissioner Bogosian noted receipt of a letter from Mr. Avery expressing concern regarding the potential fire hazard posed by the eucalyptus trees on the site and requesting the trees be removed. There was discussion regarding the eucalyptus trees and Mr. Avery's requests. There was consensus to direct staff to consult the Fire Chief with regard to the issue of the eucalyptus trees. BOGOSIAN/MURAKAMI MOVED TO CONTINUE SD-93-001 TO THE NEXT PLANNING COMMISSION MEETING WITH THE FOLLOWING DIRECTION TO STAFF: 1) THE ENTRANCE TO THE ACCESS ROAD SHALL BE REDESIGNED 2) THE (NEW) ACCESS ROAD SHALL BE RE-ALIGNED 3) ESTABLISH A RIPARIAN HABITAT EASEMENT WHICH WOULD PRECLUDE ANY DEVELOPMENT WITHIN 60 FEET OF WILD CAT CREEK 4) THE FIRE CHIEF SHALL BE CONSULTED WITH REGARD TO THE ISSUE OF THE EUCALYPTUS TREES. Commissioner Wolfe inquired whether a fence would be permitted within the 60 foot easement. Chairperson Caldwell indicated that a fence would be acceptable within the easement, but no other structure would be allowed. THE MOTION PASSED 6-0. 7. AZO-93-001 - City of Saratoga, proposed amendment to Article 15-18 and Article 15-19 (Zoning) requiring a Conditional Use Permit in the Professional and Administrative Zoning District and the Commercial Zoning District for any businesses providing direct customer service between the hours of 1:00 a.m. and 6:00 a.m. Planning Director Curtis presented the Report dated February 24, 1993. Planning Commission M' s • Meeting of February 24, 93 Page 10 Commissioner Bogosian expressed concern regarding potential problems with the ordinance. He noted that the ordinance would permit the 24 hour operation of a business which does not have direct customer service between the hours of 1:00 a.m and 6:00 a.m., but does accepts deliveries which create a noise disturbance. Chairperson Caldwell inquired why the ordinance took special consideration and, due to the specified hours in the ordinance, excluded application to most restaurants. She stated that an enforceable use permit would help with mitigating noise from restaurants. She inquired about the draw backs that may exist if the hours specified in the ordinance were moved back to 11:00 p.m. Planning Director Curtis explained that by changing the hours specified in the ordinance from 1:00 a.m. - 6:00 a.m. to 11:00 p.m. - 6:00 a.m. would create too many non-conforming uses and any expansion or alteration to these businesses would trigger the use permit process. Commissioner Jacobs expressed concern regarding the use permit process being used as a tool to punish businesses with noise violations during late hours. Commissioner Woffe expressed concern regarding losing potential businesses and tax dollars because of the use permit requirement. Chairperson Caldwell stated her preference for pulling the hours specified in the ordinance back to either 11:00 p.m. or 12:00 p.m. Commissioner Bogosian stated that he could not support Chairperson Caldwell's suggestion because it would put too much restriction on business. He expressed his concern with the operation noisy businesses between the hours of 1:00 a.m. and 6:00 a.m. but that do not have direct customer contact and thus "falls between the cracks" of the provisions of this ordinance. He suggested that language be incorporated into this ordinance which would encompass situations such as deliveries during the hours of 1:00 a.m. and 6:00 a.m. Commissioner Jacobs stated that he felt that if the ordinance included those businesses which operate, but do not have direct customer service during the hours of 1:00 a.m. and 6:00 a.m., an entirely new issue would be opened. Chairperson Caldwell stated that she favored forwarding the ordinance on to the City Council with the recommendation that language be added to address the issue of business that do not provide direct customer service but receive deliveries and such during the hours specified in the ordinance. Planning Commission M'~s , Meeting of February 24, 1393 Page 11 Discussion commenced with regard to choosing language to address the issue of businesses running deliveries during the specified hours in the ordinance. Planning Director Curtis suggested the Commission proceed with recommending approval to the City Council and also send language to the Council for their consideration which would address the Planning Commission's concerns. He indicated that staff would need some time to come up with appropriate language. CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 10:04 P.M. Jerry Kocir, 12855 Saratoga-Sunnyvale Road, spoke of activity on commercial property which disturbs nearby residential areas. He reported problems with noisy delivery trucks, fumes from those trucks, noise in general, and the frequency of youths gathering at nearby commercial properties. He urged the Commission to take this opportunity to correct some of the on-going problems faced by residents whose property is near commercial property. Commissioner Wolfe inquired whether the Commission really wanted to get into the issue of trying to regulate or mitigate noise generated by the operation of businesses conducting indirect customer service during the ordinance hours. He noted that there must be some other law which dealt with noise generated by such business activity. Commissioner Jacobs expressed his preference for the Commission to move on the item and make amendments to the ordinance at a later date if circumstances proved it necessary. Commissioner Bogosian stated his support for tightening up the ordinance. Since there was no one else wishing to speak, WOLFE/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 10:12 P.M. PASSED 6-0. BOGOSIAN/JACOBS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AZO-93-001 AND DIRECTED STAFF TO WORK WITH THE CITY ATTORNEY TO DETERMINE LANGUAGE WHICH WOULD ADDRESS THE CONCERNS RAISED BY THE PLANNING COMMISSION. THE MOTION PASSED 5-1 (WOLFE OPPOSED). DIRECTOR'S ITEMS Planning Director Curtis announced that the City Council has asked for two Planning Commissioners to serve on asub-committee to review and make recommendations on the Community Property Maintenance Ordinance. Planning Commission M~s ~~ Meetin of Februar 24, 193 g Y Page 12 Chairperson Caldwell and Commissioner Bogosian volunteered to serve on the committee. Planning Director Curtis reported the following dates: March 3, 1993, City Council meeting - The appeal of the GTE Mobilnet application March 4, 1993, Neighborhood/Community Informational meeting on the Paul Mason Specific Plan -There was discussion among the Commission and consensus that the meeting should receive live cable coverage or at least be video taped so a delayed broadcast of the meeting could be shown on the local cable channel. Chairperson Caldwell suggest that staff check with Tom Moran to see if he would be willing to video tape the meeting. March 17, 1993, City Council Agenda. includes 1) AZO-93-001 -24 Hour Operation Ordinance (discussed earlier in the evening); 2) Appeal of the Kinnier Variance Application; and 3) Appeal of the Desert Petroleum Use Permit Extension Application. Planning Director Curtis reminded the Commission that the March 10, 1993, Planning Commission public hearing had been rescheduled to Tuesday, March 9, 1993, in order to allow those Commissioners planning on attending the Planning Commissioner's Institute scheduled for March 10th and 11th, to do so without missing a Planning Commission meeting. With regard to the March 23, 1993, joint worksession of the City Council and Heritage Preservation Commission, Planning Director. Curtis relayed the City Council's expressed desire for the Planning Commission's attendance during the Heritage Preservation Incentive Program portion of this meeting. Planning Director Curtis explained that the Heritage Preservation Incentive Program may effect the design review process. He stated that this portion of the meeting should last approximately 30 minutes. Planning Director Curtis acknowledged receipt of a letter from Gerald May and indicated that the issue raised in Mr. May's letter will be discussed at the March 9, 1993, Planning Commission meeting under Director's Items. COMMISSION ITEMS Chairperson Caldwell noted the upcoming worksession on "Commercial Construction" and requested staff send notices of this worksession to those parties who had expressed a desire for such notification. . ~ Planning Commission M~s Meeting of February 24, ~ y93 Page 13 COMMUNICATIONS Written 1. City Council minutes - 2/3/93 s 2. Public hearing notices of upcoming items on the 3/9/93 Planning Commission meeting. Oral City Council ADJOURNMENT The meeting was adjourned at 10:27 p.m. to 7:30 p.m. on March 2, 1993, in the Senior Day Care Center, 19655 Allendale Ave., Saratoga, CA. to 7:30 p.m. on January 27, 1993, in the Civic Theater, 13777 Fruitvale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk