Loading...
HomeMy WebLinkAbout04-14-1993 Planning Commission minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES April 14, 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, Wolfe, and Asfour Absent: Commissioner Bogosian PLANNING COMMISSION CHAIR APPOINTMENT Commissioner Wolfe nominated Commissioner Moran as Planning Commission Chairperson. The nomination was seconded by Commissioner Asfour. Since no other nominations were made, Commissioner Moran was elected Chairperson by a 6-0 vote. New Chairperson Moran nominated Commissioner Bogosian as Vice Chairperson. The nomination was seconded by Commissioner Jacobs. There were no other nominations made and Commissioner Bogosian was elected Vice Chairperson by a 6- 0vote. PLEDGE OF ALLEGIANCE MINUTES Minutes of March 24, 1993. Commissioner Asfour had the following correction: Page 6, 2nd paragraph, the following language should be inserted after the word "property": "especially since it meets the spirit of the height restriction used on the lower pad..." Commissioner Jacobs had the following correction: Page 8 and 9, with regard to Item #4 -Morrison application, the last name of the speakers Albert and Ann which appears in the minutes as "Lawrence" is misspelled and should be corrected. Lorincz is the correct last name and should replace the word "Lawrence". • • Planning Commission Minutes Meeting of April 14, 1993 Page 2 Commissioner Asfour noted the following corrections on Page 14 with regard to the Ajluni applications: The vote on the motion made by Commissioner Jacobs, seconded by Commissioner Moran to approve a 20-foot wide driveway should be 66=0 instead of 5-0. The minutes should also be corrected to reflect that the Jacobs/Wolfe motion to approve SD-90-007.1 (The request to add an additional 144 square feet) passed with a 44=2 vote instead of a 3-2 vote as incorrectly stated in the minutes. Chairperson Moran had the following correction: Page 14, 4th paragraph should read: "Commissioner Moran concurred with the comments made by Acting Chairperson Bogosian. She expressed appreciation to the staff for their continued attention to the size issue on this project. Commissioner Moran stated that house size limits were established in the tentative map by the Planning Commission and by the City Council in order to make the new houses compatible with the neighborhood of smaller houses. She explained that compatibility is an important policy Goal and therefore, the request to exceed the size limit should be denied. ASFOUR/JACOBS MOVED APPROVAL OF THE MINUTES OF MARCH 9, 1993, AS CORRECTED (ABOVE). PASSED 5-0-1 (Commissioner Caldwell abstained). ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 9, 1993. TECHNICAL CORRECTIONS TO PACKET There were no corrections to the packet. • • Planning Commission Minutes Meeting of April 14, 1993 Page 3 PUBLIC HEARING CONSENT CALENDAR 1. UP-93-001 - Parden; 20434 Walnut Ave., request for Use Permit approval to allow the construction of a 560 sq. ft. detached garage within the rear yard setback. The garage would be 13 ft. tall and located 10 ft. from the rear property line. The subject property is approximately 9,372 sq. ft. and is located within an R-1-10,000 zone district (cont. to 4/28/93 per applicant's request; application expires 8/24/93). CALDWELL/WOLFE MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. THE MOTION PASSED 6-0. PUBLIC HEARINGS 2. SD-92-008 - Sisters of Mercy; 19855 Douglass Ln., request for Tentative Map approval to subdivide a level 10.8 acre parcel, developed with a two-story residential retreat, into eight single-family residential building sites ranging from 40,000 to 60,000 sq. ft. in size. The subject property abuts the Wildcat Creek to the west, residential parcels to the north, Taos Drive to the east and Douglass Lane to the south, and is located within an R-1-40,000 zoning district. Five of the proposed building sites would be accessed via a cul-de-sac off Taos Drive. An environmental Negative Declaration has been prepared for Planning Commission consideration (cont. from 3/24/93 at the request of area residents to allow them more time to review the proposal; application expires 9/1/93). Planner Walgren presented the Report dated April 14, 1993. He noted the receipt of petitions from the neighbors and acolor-coded transparency was displayed to depict which property owners had signed which petition. Planner Walgren also answered questions from the Commission with regard to the project. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 7:45 P.M. Gary Coates, 9057 Soquel Drive, Aptos, representing the applicant, spoke in favor of the application. He gave an explanation of the project and concurred with the recommendations made in the staff report. He noted that three neighborhood meetings had been held for the purpose of informing and working with the • • Planning Commission Minutes Meeting of April 14, 1993 Page 4 neighbors. He spoke in favor of the Taos Drive access road (Exhibit A) explaining the this plan conforms with all City guidelines, best utilizes the property and provides for the safest circulation pattern possible. He noted that the access road off Taos was designed to align with a private driveway in order to lessen its impact and minimize the potential of lights shining into the private residence. Mr. Coates also answered questions from the Commission with regard to the proposal. Bill Heiss, project civil engineer, spoke in favor of the application and spoke in regard to drainage issues. Mr. Heiss explained that the applicants had worked with the Santa Clara Valley Water District to address any flood concerns. He stated that through his study of the parcel, the proposed development and by using data on the 10 year and 100 year floods/storms, the increase in the amount of run-off from the subject site would be negligible. Mr Heiss stated that the developments' impact on Wildcat Creek would also be negligible. He noted that the City had been provided with a copy of his study. He explained that some properties would be affected by the 100 year flood whether or not the subject parcel was developed. He also spoke of the existing and proposed drainage systems in relation to the property and the proposed project. Mr. Heiss answered questions from the Commission with regard to the project. John Teter, 19931 Durham Court, stated that there may have been some confusion with regard to the petitions and the fact that some people may have signed both of the petitions. Mr. Teter requested that those who may have sign both petitions come up and address the Commission to explain why they had signed both petitions. He requested clarification of the transparency and inquired about the order in which the petitions had been submitted. Planner Walgren explained that the petition opposing the Taos cul-de-sac and depicted in blue (on the transparency) was the first petition submitted. He stated that the petition supporting a Taos cul-de-sac was depicted in red and submitted last. Planner Walgren also noted that staff had received notice from three individuals requesting their names be removed from the-original petition. He mentioned that with regard to the duplicate signatures, the second petition may supersede the first petition. John Teter, 19931 Durham Court, continued to address the Commission and offered his count of signatures on each of the petitions. He stated that he felt the determination of the location of the cul-de-sac should be based on the feelings and preferences of the nearby neighbors who would be more significantly impacted by the placement of the access road than those who live blocks away from the proposed development. He declared that some people who do not reside close to the project site may have signed a petition out of sympathy or ignorance of the situation. • • Planning Commission Minutes Meeting of April 14, 1993 Page 5 Roy Martin, 14403 Donna Lane, explained that the petition in support of the Taos cul- de-sac had only a few days in which to gather signatures. He noted that both of the plans had accompanied the petition and that he believes the duplicate signatures signify a withdrawal of support for the first petition (in opposition to the Taos access). Mr. Martin expressed safety concerns with regard to locating a cul-de-sac off Douglass Lane. He pointed out the existence of several oak trees along Douglass Lane that may need to be removed should Douglass Lane be widened. He expressed his support for a Taos cul-de-sac based on the fact that access from Taos may be a safer option than access from Douglass Lane. He questioned the accuracy of the transparency displayed. Commissioner Jacobs inquired about the number of protected trees which would have to be removed in order to accommodate a Douglass cul-de-sac. Planner Walgren explained that additional seven (7) trees would be affected by a Douglass Lane access - 4 would be removed and an attempt would be made to transplant the other 3 trees. He stated that all 7 of these trees were ordinance protected trees. He noted that in addition to these trees 6non-ordinance protected pine trees would need to be removed to construct a Douglass Lane cul-de-sac. In response to Commissioner Jacobs question in regard to how many trees would need to be removed to construct the Taos cul-de-sac, Planner Walgren stated that 3 ordinance protected pine trees would need to be removed. Commissioner Jacobs inquired about the findings necessary to determine the location of the cul-de-sac and if it related to the tree preservation requirements. Planner Walgren explained that the findings for the location of the cul-de-sac should be based on the length and alignment regulations. He stated that the Subdivision Ordinance requires that cul-de-sacs either be directly aligned with the opposing street or be off-set by at least 250 feet for line-of-sight and safety considerations. He explained that while practically the Douglass Lane cul-de-sac is virtually aligned, it is technically off-set 9 feet. He explained that if the Planning Commission should decide to locate the cul-de-sac off Douglass Lane, staff would recommend to further off-set the cul-de-sac an additional 10 to 20 feet in order to preserve one of the deodara cedars. Commissioner Jacobs asked, with regard to the length of the Douglass Lane cul-de- sac, if the Planning Commission would have to make the finding that there is no other location for the cul-de-sac. For both the exceptions (length and off-set), Planner Walgren explained, that the Planning Commission would have to make the finding that particular cul-de-sac was the only feasible and practical way to access the property. • • Planning Commission Minutes Meeting of April 14, 1993 Page 6 Larry Miller, 3 Quail Acres, noted that the transparency indicates that someone from his property had signed both petitions. He stated that this was incorrect. He spoke in regard to drainage impacts and noted that Wildcat Creek has been full in the past months and expressed concerns regarding flooding as a result of the 10 year and 100 year flood. He noted that the project engineer had indicated that run-off from the subject site would spill out into the 100 year flood plan. Mr Miller went on to explain that his and many others' property was located in this far-reaching flood plan. He expressed concern for the impact that the run-off would have on his property. Mr. Miller also expressed concern with regard to the removal of trees on the property and whether an attempt to transplant some of the existing trees would be in keeping with the spirit of the City Tree Protection ordinances. He questioned the Environmental Impact Report, specifically the sections having to do with landslide/erosion activity, surface water run-off activity and direction, exposure of people/property to hazardous flooding, increase of residential density, increase in utilities, sewer, drainage and gas, and physical or aesthetical effects to historical or pre-historical buildings. He stated that as a layman he felt that the project would have many negative impacts on the area and his property. In response to Commissioner Asfour's questions as to his preference for the cul-de-sac location, Mr. Miller indicated that he preferred the Taos cu-de-sac, but stated that his concerns are much wider spread than just having to do with the location of the cul-de-sac. Commissioner Jacobs asked Mr. Martin if he was opposed to the development of the property. Mr. Martin stated that he was opposed to the development of the property until assurance could be given against the flooding and negative impact to his property. Kent Dodley, 14493 Donna Lane, spoke in opposition to the Douglass Lane cul-de- sac. He explained that caution must be used by motorists traveling west on Douglass and trying to make a left turn onto Donna Lane. He noted that construction of another road in that area of Douglass would increase the already existing traffic dangers. Alan Joe, 14296 Taos Drive, spoke in strong opposition to the construction of a cul- de-sac off Taos Drive. He explained that the proposed cul-de-sac would be directly across from his driveway and would pose great danger and difficulty for him and his family with regard to backing out of his driveway. He stated that he was also concerned with car lights shining into his home. Mr. Joe submitted a list comparing the number and type of trees to be removed for each of the cul-de-sacs. He announced that the Taos cul-de-sac would require that more trees be removed. He referred to the petitions and noted that 76 signatures appear on the petition opposing the Taos cul-de-sac. Mr. Joe also answered questions from the Commission. • • Planning Commission Minutes Meeting of April 14, 1993 Page 7 Ron Dorst, 14042 Donna Lane, stated that the decision of the location of the cul-de- sac should be based on the opinions, feelings and extent of impact on those property owners adjacent to the new cul-de-sacs and not based on the number of signatures that appear on the petitions. He stated that safety issues and environmental impacts should be weighed when choosing the cul-de-sac location. Mr. Dorst spoke in opposition to the construction of a Douglass Lane cul-de-sac and cited that a Douglass Lane cul-de-sac would necessitate the removal of a historic oak tree. Virginia Joe, 14296 Taos Drive, reported that the transparency reflecting the signatures on the petitions was not accurate. Mrs. Joe spoke in opposition to the Taos Drive cul- de-sac and explained that in Oriental cultures it is believed that a road directly perpendicular to a house is bad luck. She stated that because of this her relatives may not want to visit or live in the house and she may unable to sell the home to anyone of the certain Oriental culture. Jim Martin, 19932 Douglass Lane, spoke in favor of the Taos Lane cul-de-sac and pointed out that this location would impact only four homes, opposed to 14 homes that would be affected by a Douglass Lane cul-de-sac. Lyn Barnun 14350 Taos Drive, expressed concern with regard to a Taos Lane cul-de- sac. She stated that consideration should be given to the impact on the Joe's property. She stated that a cul-de-sac directly across from the Joe's driveway would create a bad situation. Shawn Miller, 3 Quail Acres, spoke in support of the proposal for a Taos Drive cul-de- sac. She expressed concern regarding potential flooding due to run-off from the proposed development. She noted that she had contacted the previous owner of her property and he had indicated that the property had indeed experienced flooding in the past. Nat Abrams, 14264 Taos Drive, expressed safety concern with regard to a cul-de-sac off Taos Drive. He noted that this plan would put some of the future homes' driveway access onto Douglass Lane. He stated that backing out of a driveway onto Douglass Lane would be dangerous. He also inquired about the actual length of the new cul- de-sac and pointed out that the new cul-de-sac would actually be constructed off of Taos which is a cul-de-sac itself which is also off another cul-de-sac -Douglass Lane. Mr. Abrams suggested that this point be reviewed. He spoke in regard to establishing access from the proposed Taos cul-de-sac through to Fruitvale Avenue for the purpose of serving the long narrow existing parcel that abuts Fruitvale should it ever be developed. He also stated that with some effort additional trees could be preserved by utilizing aeration and watering holes. He explained this procedure had been used to preserve trees within 2 feet of pavement in the Sobey Oaks project. • • Planning Commission Minutes Meeting of April 14, 1993 Page 8 Ken Striebel, 14480 Donna Lane, spoke in favor of the Taos Drive cul-de-sac. He explained that Douglas Lane is heavily used by pedestrians, students, bicyclists and others and to locate a cul-de-sac in this area would pose an even greater risks to people and motorists. Janice Dorst, 14402 Donna Lane, spoke in opposition to a Douglass Lane cul-de-sac. She spoke in regard to the already heavy use of Douglass Lane and the existing traffic safety issues. Bob Smead, 14401 Nutwood Lane, suggested locating the cul-de-sac at the end of Taos and then "doglegging" it down toward the middle of the property. Bill Heiss, project civil engineer, clarified some of the questions raised during the public comments. He noted that Tree #5 would be saved in both plans. Mr. Heiss explained that with the Taos cul-de-sac plan only 1 new driveway would access onto Douglass Lane. He indicated that with implementation of the project a sidewalk would be constructed along Douglass Lane that would help with removing pedestrians away from the flow of traffic. He also explained that the project would require some removal of the vegetation/shrubbery along Douglass and improve the sight distance/visibility. With regard to the issue of trees, Mr. Heiss stated that the City Arborist has recommended and believes that tree #35 and 36 can be successfully transplanted. He also repeated his opinion that drainage from the subject property would be negligible and that properties below the subject site would chance flooding with or without development of the Sisters of Mercy property. Commissioner Caldwell asked whether the Taos cul-de-sac could be relocated slightly to save the nearby oak tree #33. Mr. Heiss stated that the cul-de-sac could possibly be moved for this purpose. He explained what would be involved in relocating the cul-de-sac. Commissioner Wolfe inquired of the maximum house size allowable on the proposed lots and if any homes of comparable size exist in the nearby area. Planner Walgren indicated that a 6,000 to 6, 400 square foot house could be built on the new lots. Planner Walgren addressed the questions raised by Mr. Miller with regard to the Negative Declaration of Environmental Impact. Planner Walgren explained that with regard to impacts to cultural and historical aspects, the project materials had been routed to the County Archeological Department and they found no significant negative impacts. With regard to the existing structure on the site, Planner Walgren explained that it is a documented Heritage Resource Structure on the • Planning Commission Minutes Meeting of April 14, 1993 Page 9 City's Heritage Inventory List and was reviewed by the City Heritage Preservation Committee. This committee found that the house had been altered so much over time that it would not warrant Historical designation, but they did request that the structure be photographed and documented prior to any additional modifications or demolition. The Heritage Preservation Committee also requested that before any modifications to or demolition of the structure the proposal be brought before the Heritage Preservation Commission for review. He explained that the section with regard to the utilities indicated that utilities already exist and that the section does not preclude the upgrading of utilities. He indicated that the plans have been reviewed by the utility company and that this agency will dictate what upgrades are needed. With regard to hydrology, Planner Walgren stated that staff has reviewed and routed the plans to the Santa Clara Valley Water District with regard to their flood control requirements and these requirements have been incorporated into the map. In response to Commissioner Caldwell's request, Planner Walgren addressed the suggestions made by the public with respect to relocation of the cul-de-sac. Planner Walgren stated that alternative locations for the cul-de-sac may be feasible, but that the suggestions would need to be drawn up for further research. He stated that some of the suggested locations may present additional concerns. Commissioner Caldwell inquired about the length restrictions placed on cul-de-sacs. Planner Walgren noted that Mr. Abrams had made a good observation with regard to the suggestion of researching the possibility of connecting the Taos cul-de-sac to Fruitvale Avenue. Planning Director Curtis also explained that the cul-de-sac restrictions have to do with limiting the length or distance which motorist would have to back-up out of the road in the case where vehicular turn around may be difficult or impossible. Staff answered questions from the Commission with regard to the tree removal plan and the review conducted by staff on water run-off issues. Planner Walgren also reviewed and commented on, and identified inaccuracies in the tree removal/preservation list submitted by Mr. Joe. Commissioner Jacobs asked Mr. Abrams his feelings toward the suggestion of relocating the Taos cul-de-sac across from his property at the end of Taos. Mr. Abrams indicated that he would not be in favor of this alternative. He noted that a 50- inch oak tree exists in this location that may be threaten by a relocation of the cul-de- sac. He also pointed out that this location would impact a greater number of homes in the area. CALDWELL/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 9:24 P.M. PASSED 6-0. • • Planning Commission Minutes Meeting of April 14, 1993 Page 10 Chairperson Moran outlined the issues of the project as follows: 1. Location of the Cul-de-sac 2. Drainage Issues 3. Tree removal issue -possibility of saving tree # 33 (as suggested by Commissioner Caldwell) Commission Asfour stated that although he sympathizes with the Joe's with regard to the proposed location of the cul-de-sac and their culture's belief that this location will bring bad luck, he feels this cannot dictate over choosing the location which would best serve the interests of the community. Commissioner Wolfe inquired whether the Fire Department had reviewed and excepted the proposal with regard to the cul-de-sac locations. Planner Walgren stated that Exhibit A (Taos Drive cul-de-sac) has been reviewed and accepted by the fire department, but that Exhibit B (Douglass Lane cul-de-sac) has not been reviewed by the fire department. Commissioner Caldwell suggested that the Commission may want to look at imposing development restrictions on future homes on the new parcels as part of this review. Chairperson Moran added Commissioner Caldwell's suggestion to the list of issues. Commissioner Asfour indicated that he had no problem with the drainage plan or the recommendations made by the City Arborist. He stated that no plan with respect to the access road location would satisfy everyone and he expressed understanding of the various concerns as stated by the speakers and those who signed the petition, since a large number of them were so far removed from either cul-de-sac. He noted that the number of signatures on the petitions is not the important aspect. The important aspect, he explained, is the impact of the cul-de-sac on the nearby properties and residents. He expressed support for the Taos Drive cul-de-sac. He stated that he would have difficulty making the findings to support a Douglass Lane cul-de-sac. Commissioner Caldwell expressed support for the Taos cul-de-sac and explained that this plan would call for less impervious coverage. She noted that she was unable to make the findings for a Douglass Lane access. She spoke in favor of pursuing maximum tree preservation and especially preservation of tree #33 by slightly moving the Taos cul-de-sac. She suggested implementing a tree preservation safeguard into Condition #23. She spoke in favor of leaving development issues to the Design Review process. • • Planning Commission Minutes Meeting of April 14, 1993 Page 11 ee note a ow re: correction to minutes. Commissioner Jacobs concurred with the comments made by Commissioner Caldwell. He stated that he could not make the findings to support a Douglass Lane cul-de-sac. He stated that decisions cannot be made merely on the popular vote. With regard to the Joe's situation, Commissioner Jacobs explained he found no evidence to indicate that a Taos cul-de-sac would present a safety issue. He also stated that his driveway is adjacent to a through street and has experienced no problems because of its location. He expressed his support for Plan A -the Taos cul-de-sac. He explained that this plan better serves the traffic flow and requires less impervious coverage. Commissioner Wolfe stated that he concurs with the comments made by Commissioners Caldwell and Jacobs. He expressed safety concerns with regard to locating a cul-de-sac off Douglass Lane and indicated his support for locating the cul- de-sac on Taos Drive. Commissioner Wolfe stated that with approval of this subdivision there would indeed be changes to the neighborhood as noted by a previous speaker, but that these changes would provide homes for seven families. He pointed out that changes occur in a neighborhood every time some one new moves into the neighborhood and that previous neighborhood residents had to give up something when the current residents moved into the neighborhood and built their homes. Commissioner Murakami indicated his satisfaction with staff's findings with regard to the drainage issue and the creek setbacks. He stated that he understands the concerns expressed by the Joe family and the residents on Taos Drive, but that he is in agreement with the comments made by his fellow Commissioners and can support the Taos Drive cul-de-sac. He also explained that his driveway aligns with a street and that this has presented no problems to him or his family. Chairperson Moran stated that she was satisfied with staff's findings with regard to drainage. She spoke in favor of saving tree #33 and with regard to Lot 7, she expressed support for exerting effort to save at least 1 of the two trees that exist within the building envelope. Chairperson Moran expressed support for a Taos Drive cul-de- sac. She also noted that she feels that the house that is built on Lot 7 needs to have special attention given to it during the Design Review process to ensure that the approved size and height are compatible with the neighboring homes, especially those homes to the northwest. Commissioner Caldwell suggested that Lot 6 as well as Lot 7 be the subject of careful consideration during the Design Review stage. **See Commisioner Jacob's attached April 28th correction to the above paragraph. ~ • ~~ Planning Commission Minutes Meeting of April 28, 1993 Page 3 Commissioner Jacobs had the following correction: ~-fl ~~1~{ ~~~ Page 11, 1st paragraph, the 3rd and 4th sentences should be deleted and the following language should be added: "He stated that to do so would require a finding that no other cul-de-sac was feasible. Given the evidence, the Taos cul-de-sac is feasible. He stated that no empirical evidence had been presented by anyone which made safety a legitimate reason to justify rejection of the Taos proposal. He stated that Taos appeared to present the least disruptive alternative. Under either proposal there would be at least 7 houses on Taos Drive. With the Taos Drive cul-de-sac, 3 more houses would be added. He did not feel that 3 additional houses would have a measurable impact on traffic or safety on Taos Drive." Chairperson Moran had the following corrections: Page 10, 1st paragraph, "Caldwell" should be deleted and replaced with "Moran". Page 11, the following should be add between Paragraphs 4 and 5: "Commissioner Caldwell suggested that Lot 6 as well as Lot 7 be the subject of careful consideration during the Design Review stage." ASFOUR/CALDWELL MOVED APPROVAL OF THE MINUTES OF APRIL 14, 1993, AS CORRECTED (ABOVE). PASSED 6-0. ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 23, 1993. TECHNICAL CORRECTIONS TO PACKET Planning Assistant Kermoyan had the following technical corrections to the packet: Item #2, Parden - UP-93-001, Page 1 of the packet, the date of the Report should be corrected to read April~28, 1993. Item #4, Tam - DR-93-003, Page 22, 2nd full paragraph, 1st line, the word "west" should be deleted and replaced with the word "south". 3 • • Planning Commission Minutes Meeting of April 14, 1993 Page 12 omm~ssioner As our suggeste tat wor mg e p ace m t e con itions o approva which would reflect Chairperson Moran's suggestion with regard to the future home on Lot 7. There was brief discussion regarding language to be added to the conditions that would reflect the recommendations made by the various Commissioners. CALDWELL/JACOBS MOVED TO APPROVE 92-008 WITH THE FOLLOWING ADDED CONDITIONS: MINOR ADJUSTMENTS WILL BE MADE TO THE TAGS CUL- DE-SAC FOR THE PURPOSE OF PRESERVING TREE #33 CONDITION #23 BE REVISED TO READ AS FOLLOWS: "FUTURE DEVELOPMENT OF LOTS 1 THROUGH 8 SHALL REQUIRE DESIGN REVIEW APPROVAL. BUILDING SITES SHALL BE CONSISTENT WITH THE APPROVED BUILDING ENVELOPES AND BASED ON CURRENT ZONING ORDINANCE REGULATIONS AND CITY POLICY. THE LOCATIONS OF ANY STRUCTURES APPROVED ON LOT 1 THROUGH 8 SHALL MAXIMIZE TREE PRESERVATION INSITU" WITH RESPECT TO CONDITION #24 THE FOLLOWING WORDING SHOULD BE ADDED TO THE END OF THE PARAGRAPH: "ANY STRUCTURE APPROVED ON LOTS 6 AND 7 SHALL BE OF A SIZE AND HEIGHT COMPATIBLE WITH IMMEDIATELY ADJACENT EXISTING NEIGHBORING STRUCTURES TO THE NORTH AND WEST. THE MOTION PASSED 6-0. The meeting was recessed at 9:50 p.m. and was reconvened at 10:02 p.m. 3. DR-93-004 - Brown; 20369 Park Place, request for Design Review approval V-93-001 - to construct a 613 sq. ft. second story addition and a 237 sq. ft. first story addition to an existing 1,371 sq. ft. single story residence per Chapter 15 of the City Code. A Variance is also requested to allow the applicants to retain aone-car garage instead of replacing it with the required two-car garage. The subject property is approximately 9,435 sq .ft. and is located within an R-1-10,000 zone district. The Report dated April 14, 1993, was presented by Planner Walgren. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 10:04 P.M. • • Planning Commission Minutes Meeting of April 14, 1993 Page 13 ack Brown, 20369 Par ace, applicant, spoke m favor oft a application and presented a model of the home including the proposed addition. Gary Schloh, project architect, spoke in favor of the project and answered questions from the Commissioner with regard to the design. SINCE THERE WAS NO ONE ELSE WISHING TO SPEAK, WOLFE/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 10:08 P.M. PASSED 6-0. Commissioners Murakami and Caldwell expressed their support for the application. CALDWELL/MURAKAMI MOVED TO APPROVE V-93-001. PASSED 6-0. CALDWELL/ASFOUR MOVED TO APPROVE DR-93-004. PASSED 6-0 4. V-93-002 - Guglielmi; 20440 Montalvo Heights Dr., DR-93-005 -request for Variance approval to exceed the site's maximum allowable floor area of 6,000 sq. ft. by 307 sq. ft. to allow the construction of a 700 sq. ft. pool house. Design Review approval is also necessary to allow the site's gross floor area to exceed 6,000 sq. ft. per Chapter 15 of the City Code. The subject property is approximately 39,640 sq. ft. and is located within an R-1- 40,000 zone district. Planner Walgren presented the Report dated April 14, 1993, and answered questions from the Commission with regard to the application. Commissioner Caldwell noted that the foundation for the project has been poured and inquired about the status of this work prior to project approval. Planner Walgren explained that the applicants had an alternative plan to construct an open trellis-like structure that would not need Planning Commission approval, but after pouring the foundation had decided to enclose the structure which would then need Planning Commission approval. Commissioner Jacobs inquired whether the other homes in the area are subject to the same floor area ratio regulations and if the homes appearing on the list (which denotes other properties with similar structures) submitted by the applicant, exceed this restriction. Planner Walgren indicated that the other homes are subject to the same restriction, but without a study of each of the listed properties, he could not determine if their floor areas exceed the restriction which was imposed in 1987. • • Planning Commission Minutes Meeting of April 14, 1993 . Page 14 ommissioner As our as e a out t e posse i ity o an open structure eing enc ose at a later date. Mr. Guglielmi, 20440 Montalvo Heights Drive, applicant, spoke in favor of the application and explained that his family had recently moved to the area and since purchasing the home his mother-in-law has come to live with them. He reported that due to the added family member an additional structure was needed to move some of the activity out of the house. He explained that the proposed structure had been located in an area which would be least impactful to the neighbors and their views. He noted that similar structures exist on other properties and construction of the proposed structure would cause his property to be compatible with the other properties in the area. He also answered questions from the Commission with regard to the project. ASFOUR/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 10:25 P.M. PASSED 6-0. In response to Commissioner Caldwell's question regarding the percentage of homes in the area which exceed the floor area ratio regulations, Planner Walgren indicated that he was unsure of the percentage exceeding this regulation, but stated that such cases may exist. Chairperson Moran stated that she was having trouble making the findings to support the variance. She explained that by approving this variance a precedent may be set for other similar applications. Commissioner Caldwell stated that she also was having difficulty making the necessary findings and feels that by approving the variance the Commission would be granting a special privilege to the applicant. Commissioner Jacobs stated that he felt the design was acceptable, but could not support approval of the variance. He explained that he felt that a 400 square foot structure, which would be allowed without a variance, would provide sufficient room for the applicants expressed needs. Commissioner Asfour concurred with the comments of the other Commissioners and indicated that he too would have difficulty making the findings to support the variance request. Commissioner Murakami indicated that he could not make the variance findings. There was discussion among the Commissioners with regard to the option to continue the application to allow the applicant time to redesign the structure not to exceed 400- square feet. • • Planning Commission Minutes Meeting of April 14, 1993 Page 15 r. ug ie mi indicated a desire to spea . ASFOUR/JACOBS MOVED TO RE-OPEN THE PUBLIC HEARING AT 10:35 P.M. PASSED 6-0. Mr. Guglielmi, applicant, referred to the Morrison application (DR-92-038 & UP-92-011) which was approved at the March 24, 1993, Planning Commission meeting. He also referred to a resolution acted on by the City Council in September of 1989, which approved a variance of the exact nature as the variance for which he is requesting approval. He stated that this application was very similar to his applications, therefore, precedent has been set and his application should be approved. He stated he would not be in favor of continuing his application for redesign. There was discussion regarding the aspects of the Morrison application. It was determined that the Morrison application was not a variance application, but a use permit application. Planner Walgren explained that a conditional use is a permitted use versus a variance. He noted that the use permit findings are much less restrictive than the variance findings. He also pointed out that the Morrison parcel was not limited to 6,000 square feet of floor area where the Guglielmi property is limited to 6,000 square feet of floor area. It was determined that the two applications involved different issues and were not comparable. CALDWELL/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 10:43 P.M. PASSED 6-0. JACOBS/WOLFE MOVED TO DENY V-93-002 AND DR-93-005. COMMISSIONER CALDWELL SUGGESTED THE FOLLOWING MODIFIED LANGUAGE FOR SUBSECTION B OF THE RESOLUTION: "THAT THE GRANTING OF THE VARIANCE WILL CONSTITUTE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE LIMITATIONS ON OTHER PROPERTIES IN THE VICINITY AND CLASSIFIED IN THE SAME ZONING DISTRICT, IN THAT OTHER PROPERTY OWNERS IN THE VICINITY MUST DEMONSTRATE EXISTENCE OF SPECIAL CIRCUMSTANCES APPLICABLE TO THEIR PROPERTY IN ORDER TO EXCEED MAXIMUM ALLOWABLE FLOOR AREA." THE AMENDMENT WAS ACCEPTED BY THE MAKER AND SECONDER OF THE MOTION AND THE MOTION PASSED 6-0. ~ • Planning Commission Minutes Meeting of April 14, 1993 Page 16 5. SD-93-002 - Franklin; 13686 Quito Rd., request for Tentative Map approval to subdivide two parcels totaling 132,006 sq. ft. into four single-family residential building sites ranging from 12,918 to 33,025 sq. ft. in area. Four existing buildings, consisting of a main residence, a guest house, a detached garage and a barn, would be removed as part of this application request. The subject property abuts Quito Road to the west, Route 85 to the north, and the San Tomas Aquino Creek to the southeast. All four of the proposed building sites would access directly onto Quito Road. ----------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated April 14, 1993. He also added a new condition to read as follows: "The proposed driveway accessing Lot C shall be shown to be relocated, at the time Design Review application for this lot is made, to keep the driveway a sufficient distance away from tree #19 for preservation purposes." Commissioner Caldwell asked about General Plan Guideline #9 "Underground Power Conversion Program" and why this project had not been required to underground its utilities. Planner Walgren indicated that the Public Works Department had reviewed the application and had not required the utilities to be undergrounded. Commissioner Caldwell also inquired about the project applicability to Guideline #8 "Beautification of Quito Road" with regard to preserving and planting street trees. Planner Walgren explained that no trees are to be removed prior to Design Review at which time tree removal and replacement would be considered. He indicated that the Commission could add conditions at this time which would more clear call out for addition of street trees and replacement trees during the design review process. Commissioner Caldwell also inquired about establishing a creek setback requirement. Planner Walgren explained that the property is elevated above and away from the riparian habitat and that a Santa Clara Valley Water District easement already exists behind which the building setback requirements would be located. He stated that if the Planning Commission was inclined, they could impose an additional easement. • • Planning Commission Minutes Meeting of April 14, 1993 Page 17 Commissioner Caldwell indicated she thought the existing vegetation would warrant a need for a riparian habitat corridor. She also acknowledged and concurred with the comment made by Mrs. Levin (on the bottom of the City notification of the project) with regard to traffic in the area. Commissioner Jacobs asked about the City's liability with regard to allowing a residential development in such close proximity of power lines. City Attorney Riback stated that since the City has no empirical data which proves that there is danger to anyone living under/near a power line, he believes the lack of evidence would preclude anyone from successfully pursuing litigation against the City for approving such a development. There was brief discussion regarding this issue and past applications in which powerline location contributed to the denial of the application. Planner Walgren noted that the powerline location was not the only issue which contributed to the application's denial. Commissioner Jacobs expressed strong concern with regard to the City's potential liability in connection with allowing development in close proximity to power lines. Commissioner Moran spoke in favor of establishing a riparian habitat/open space corridor and noted that such a corridor would delete approximately 300 sq. ft. from the building envelope. Kevin Frederickson, Nowak & Associates, 2775 Park Avenue, project civil engineer, spoke in favor of the application and offered to answered questions from the Commission with regard to the project. Carl Franklin, applicant, spoke in favor of the application and explained that the parcel has many restrictions which make it very difficult to develop the property. There was no one else wishing to speak. CALDWELL/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 11:07 P.M. PASSED 6-0. Commissioner Murakami stated that he would be more amiable to a 3-lot subdivision and explained that he was not in favor of the proposed configuration of the lots because of their access onto a busy street.. Commissioner Jacobs stated that he felt too many lots were proposed for this parcel and the lots would not be compatible with the City's objectives. • • Planning Commission Minutes Meeting of April 14, 1993 Page 18 Commissioner Caldwell spoke in favor of reducing the number of lots and an opportunity to review alternative lot configurations which would be more sensitive to the location of the powerlines, traffic flow and establishment of a riparian habitat corridor. Chairperson Moran stated that she favored the establishment of a 20-foot riparian habitat corridor and concurred with the comments made by the other Commissioners. Commissioner Asfour stated that he supports more consistency with regard to establishing a riparian habitat corridor as was required with previously approved subdivisions. He stated that he was as concerned with the new lots access onto Quito Road as the other Commissioners had indicated. Commissioner Caldwell suggested continuing the application to allow the applicant to redesign the subdivision per the direction given by the Commission. WOLFE/ASFOUR MOVED TO RE-OPEN THE PUBLIC HEARING AT 11:14 P.M. TO ALLOW THE APPLICANT TO RESPOND TO COMMISSIONER CALDWELL'S SUGGESTION. THE MOTION PASSED 6-0. Mr. Franklin, applicant stated that because of the existing restrictions on the land there is riot much to work with. He explained that imposing even more restrictions such as a 20-foot riparian easement would further hinder the development of the parcel. He suggested designing the subdivision in such away where the lots would have common driveways thus only two driveways would access onto Quito road. Commissioner Jacobs suggested that the project be brought to a worksession. Discussion commenced and the Commission indicated support for the suggestion of a worksession. Through discussion the Commission indicated that the applicant should present alternative plans at the worksession that would address the following issues: Commissioner Moran favored establishment of a riparian corridor and a single access onto Quito Road; Commissioner Wolfe indicated that his major concerns were with regard to traffic safety; Commissioner Jacobs expressed support for a greenbelt between Quito Road and the new lots and that the houses proposed on the new parcels not front onto Quito Road; Commissioner Caldwell concurred with Commissioner Jacobs and Chairperson Moran. The applicant indicated that he would be able to come up with some alternative plans per the Commissioners' direction. He also indicated that he would be in favor of moving ahead with the project as quickly as possible. • • Planning Commission Minutes Meeting of April 14, 1993 Page 19 JACOBS/CALDWELL MOVED TO CONTINUE THE APPLICATION. There was then discussion on whether to continue the application to a worksession or to the next public hearing. Planning Director Curtis announced that the first available worksession for this project would not take place until June. The applicant requested that his application be reviewed at an earlier public hearing. JACOBS/CALDWELL WITHDREW THEIR MOTION. WOLFE/JACOBS MOVED TO RE-OPEN THE PUBLIC HEARING AND CONTINUE THE APPLICATION TO THE LAST AGENDA ITEM FOR THE MEETING OF APRIL 28, 1993, IN ORDER TO ALLOW THE APPLICANT TIME TO PREPARE ALTERNATIVE PLANS PER THE DIRECTION GIVEN BY THE COMMISSIONERS (ABOVE). THE MOTION PASSED 6-0. COMMISSION ITEMS DR-91-014 -Saratoga Pacific Oaks, 19244 Crisp Avenue Planner Walgren presented and outlined the requested modifications. The Commission reviewed and accepted the proposed modifications. DIRECTOR'S ITEMS 1. Discussion of Commission meeting dates -July & August Planning Director Curtis announced that the July 28, 1993 and August 25, 1993 Planning Commission meetings have been cancelled. Planning Director Curtis also informed the planning Commission of a special worksession scheduled for May 18, 1993 for the purpose of discussing the Paul Mason Specific Ptan. He also noted that a neighborhood meeting on the subject would be held on Thursday, April 22, which the Commissioner may be interested in attending. Commissioners Jacobs and Murakami indicated that they may attend this meeting. COMMUNICATIONS Written Oral City Council • • Planning Commission Minutes Meeting of April 14, 1993 Page 20 ADJOURNMENT Chairperson Moran adjourned the meeting at 11:38 p.m to 7:30 p.m. on April 28, 1993, in the Civic Theater, 13777 Fruitvale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk