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HomeMy WebLinkAbout10-13-1993 Planning Commission Minutes• ;~ '~ CITY OF SARATOGA PLANNING COMMISSION MINUTES October 13, 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 Moran. ROLL CALL Present: Chairperson Moran, Commissioners Asfour, Caldwell, Jacobs, Kaplan, Murakami and Wolfe Absent: None Chairperson Moran welcomed new Planning Commissioner Marcia Kaplan. PLEDGE OF ALLEGIANCE Chairperson Moran noted City Attorney Riback's absence and explained that due to the nature of the applications, she (Moran), Director Curtis and Attorney Riback had concluded that the presence of the City Attorney would be unwarranted for this meeting. MINUTES Minutes of the meeting of September 22. Commissioner Kaplan noted that on Page 13, 1st paragraph, her name was misspelled and should be Marcia Kaplan. Commissioner Asfour had the following corrections: Page 13, 1st paragraph, last line, the words "Planning Commission" should be deleted and replaced with "City Council". Page 16, 1st paragraph, last line, the word "location" should be deleted and replaced with the word "health". - Page 17, 3rd paragraph, last line, the word "the" should be removed and replaced with "one of the Redwood". Page 17, last bullet of the motion relating to DR-93-033, the phrase "based on site inspection and" should be removed. • • Planning Commission Minutes Meeting of October 13, 1993 Page 2 Commissioner Caldwell had the following corrections: Page 1, Under Roll Call, Commissioner Caldwell should be listed as present with a notation of her arrival at 7:48 p.m. Under the Absent category the word "None" should appear. Page 20, 6th paragraph, 2nd to the last sentence, should read as follows: "The Director stated that his concern is that the City would be requested to require screening such as trellises or patio covers throughout the Village and that the City would be put in a position of after the fact conditioning trellises and patios." Community Development Director Curtis confirmed that this (as worded above) more clearly reflects his comment. Page 20, last paragraph, 2nd sentence should read as follows :"She further stated that the Commission tries to condition approvals to ensure minimization of impact to the neighbors, but that the Commission does not generally go out of its way to require extraordinary protection for everyone in the neighborhood especially if they (the neighbors) have not voiced concern with the project." Page 22, last sentence, the word "device" should be made plural and the word "available" should be inserted immediately following the word "devices". Commissioner Wolfe had the following correction: Page 24, 5th paragraph, 1st line should read "Commissioner Wolfe stated that there are no riskless technologies, but there are acceptable risks and that he could support the application." Chairperson Moran had the following correction: Page 19, 2nd to the last paragraph, last sentence should read: "She (Moran) asked if staff's understanding of Mr. Amezcua's concern, based on his letter and discussions had to do with aesthetics/design purposes or for health concerns." CALDWELL/ASFOUR MOVED APPROVAL OF THE SEPTEMBER 22, 1993 MINUTES AS CORRECTED (ABOVE). PASSED 6-0-1 (KAPLAN ABSTAINED). • • Planning Commission Minutes Meeting of October 13, 1993 Page 3 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 October 8, 1993. TECHNICAL CORRECTIONS TO PACKET Planner Walgren had the following technical correction to the packet: On the agenda, Item #6 - TUP-93-004 -Prince of Peace Lutheran Church - last line of the description, the times should be corrected to be 7:30 p.m to 7:00 a. m. Chairperson Moran asked if the notices stated the incorrect time. Planner Walgren stated that the notice went out reflecting the 9:00 p.m. to 7:00 a.m. operating times, but since then the applicants modified their request to reflect the conditions of last year's approval relative to the specific times. PUBLIC HEARING CONSENT CALENDAR 1. DR-93-012 - Pancholy; 21215 Chadwick Ct., request for V-93-006 - Design Review approval to construct a new 6,598 square foot two- story residence on a 3.7 acre vacant parcel per Chapter 15 of the City Code. The request also involves Variance approval to construct 5 foot tall retaining walls within the property's front yard setback where 3 feet is the maximum allowed. The parcel is located within a Hillside Residential (HR) zone district (cont. to 10/27/93 at the request of the applicant; application expires 2/ 17/94). 2. LL-93-006 - Borrione and Minton; 143800 Leland Circle and 14381 Maclay Court, request for Lot Line Adjustment approval to relocate an existing lot line between a 56,298 sq. ft. parcel and a 42,065 sq. ft. parcel per Chapter 14 of the City Code. Both parcels are located within the R-1-40,000 zoning district. ASFOUR/CALDWELL MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. PASSED 7-0 ~ • Planning Commission Minutes Meeting of October 13, 1993 Page 4 PUBLIC HEARINGS 3. DR-93-034 - Meade; 14423 Deer Canyon Ln., request for Design Review approval to allow a 14 ft. tall accessory arbor structure to exceed the 12 ft. height limit pursuant to Chapter 15 of the City Code. The subject property is approximately 2 acres and is located within an R-1-40,000 zoning district. Planner Walgren presented the Report dated October 13, 1993. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 7:45 P.M. Roger Meade, 14423 Deer Canyon Lane, applicant, stated that he had no comments, but could answer any questions the Commission may have with regard to his application. There was no one else wishing to speak. JACOBS/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. PASSED 7-0. CALDWELL/WOLFE MOVED TO APPROVE DR-93-034 PER THE STAFF RECOMMENDATIONS. Commissioner Caldwell stated that she had visited the site and spotted a deer and a quail. She stated. that she thought the design was an excellent one for the site and appreciated the applicant's use of natural materials. THE MOTION PASSED 7-0. 4. DR-89-041.3 -BA Properties, Inc.; 13150 Saratoga Ave., SD-89-006.3 - request for a third, and final, one-year extension to an approved development to construct 75 residential townhomes and a senior housing facility. The senior facility would consist of 23 patio homes, 185 condominium units, a 32-bed personal care facility and a 45-bed skilled nursing facility. The subject property is approximately 24 acres and is zoned Multiple Use-Planned Development (MU-PD). ------------------------------------=----------------------- Planner Walgren presented the Report dated October 13, 1993. • • Planning Commission Minutes Meeting of October 13, 1993 Page 5 Commissioner Murakami asked about the memo from Mr. Oncay, the City Codes Administrator, as mentioned in the staff report. Planner Walgren stated that the memo from Mr. Oncay could be found on Page 18 of the Staff Report. Commissioner Caldwell noted that the memo from Mr. Oncay indicated that the grinding will be completed in 2 weeks and the material (building) should be removed by September 30, 1993. She also noted that the Commission had been told on another occasion that the material would be removed at the end of July. She inquired about the delay of the material removal and when the actual removal will be completed. Joe Oncay, City Codes Administrator, stated he had spoke with Mr. Hoxy, the contractor, who explained that a majority of the material is to be used in the construction of Highway 85 and due to construction delays, the project (Highway 85 construction) is not yet at a point which the materials from the Paul Masson site can be used. Mr. Oncay stated that he could not give the Commission a firm date as to when the materials will be removed from the site. Mr. Oncay assured the Commission that the contractor is working diligently to get the material removed. Chairperson Moran inquired how the Specific Plan for the area intertaces with the Commission's decision on this application. Planner Walgren explained that the recent adoption of the Specific Plan does not affect this previously approved project, but would govern any future development of the site. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 7:50 P.M. There was no one wishing to speak. ASFOUR/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. PASSED 7-0. ASFOUR/JACOBS MOVED APPROVAL OF SD-89-006.3 AND DR-89-041.3 PER THE STAFF REPORT. Commissioner Caldwell stated that she voted against the approval extension last time largely because it was clear that this development would never take place. She explained that her frustration with the developers failure to meet (material removal) deadlines is only strengthened by the recent report by Mr. Oncay. She stated that her concern with the appropriateness of the development is also • • Planning Commission Minutes Meeting of October 13, 1993 Page 6 strengthened by the City Council's recent adoption of. a Specific Plan for this site. She stated that she does not believe the development currently before the Commission meets the intent of the Specific Plan. She stated that she would not be voting in favor of the extension request. Commissioner Kaplan stated that her understanding was that this development is not governed by the recently adopted Specific Plan. Commissioner Caldwell clarified that her objection is to continuing to grant extensions for a project which no one intends to build just for the financial security of the Bank of America. She stated that she did not see that as a function that the Commission necessarily needs to serve. Commissioner Asfour stated that it is his understanding that unless the Commission finds new information with regard to health, safety, or welfare, there is an implied duty for the Commission to grant the extension. Chairperson Moran stated that there is no such regulation, but that staff may be able to respond to this comment and this situation with regard to the City's general policy and its interpretation. Commissioner Caldwell, for clarity's sake, explained that to her this is really a vote of conscience. She explained that the City Council adopted a Specific Plan which the Commission reviewed in light of the Planning Commission's concerns and its continuing motivation to protect the community's health, safety and general welfare. She stated that this is to a fundamental issue that is not bestowed by a particular fact. Planner Walgren explained that it is staff's analysis and recommendation that the City's decision to approve the project and its adoption/certification of the EIR, according to the Subdivision Map act and the State court cases that have taken place since the Map Act was adopted, that the Planning Commission can only look at factual items of health, safety, and welfare relative to this project that were not reviewed during the original review and approval of the project in 1989. Commissioner Kaplan asked if the existence of the debris on the site would constitute a public health or welfare concern. In response, Chairperson Moran and Commissioners Caldwell and Asfour explained that the Commission had unsuccessfully explored this possibility at a previous extension request hearing. • • Planning Commission Minutes Meeting of October 13, 1993 Page 7 THE MOTION PASSED 6-1 (CALDWELL OPPOSED). 5. DR-89-047.3 - Saratoga Country Club; 21990 Prospect Rd., request for a third, and final, one-year extension to a Design Review approval to construct apro-shop and cart barn and to remodel an existing clubhouse on the grounds of the Saratoga Country Club per Chapter 15 of the City Code. The subject property is approximately 96 acres and is located within a Hillside Residential (HR) zoning district. Planner Walgren presented the Report dated October 13, 1993. Commissioner Jacobs inquired about the reasons for the delay of the project. Planner Walgren stated that he was unsure, but that the applicant is present and may wish to answer that question. THE PUBLIC HEARING WAS OPENED AT 7:55 P.M. BY CHAIRPERSON MORAN. John Tim Worden, 13775 Calle Tacuba, president of the Saratoga Country Club, spoke in favor of the application and in response to Commissioner Jacobs question, explained that for financial reasons the project had been done in phases. He also answered general questions from the Commission with regard to the project. There was no one else wishing to speak. AT 7:58 P.M., JACOBS/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 7-0. WOLFE/MURAKAMI MOVED TO APPROVE 89-047.3 PER THE RECOMMENDATIONS OF THE STAFF REPORT. THE MOTION PASSED 7-0. 6. TUP-93-004 - Prince of Peace Lutheran Church; 12770 Saratoga Ave., request for Temporary Use Permit approval to allow the Prince of Peace Lutheran Church to participate in a transitional housing program per Chapter 15 of the City Code. The church will provide shelter, meals and employment assistance to a group of 15 transitionally homeless adults. The hours of operation will be from 9:00 p.m. to 7:00 a.m. seven days a week for the month of December. ------------------------------------------------------------- • • Planning Commission Minutes Meeting of October 13, 1993 Page 8 Planner Walgren presented the Report dated October 13, 1993. Commissioner Caldwell inquired if a condition existed which requires the posting of program contact/community liaisons names and phone numbers. She noted that last year the community had requested that there be such a posting. Planner Walgren stated that last year this list had been requested by the neighbors and that the City had received a list and kept it in the file for reference. He noted that a similar condition. could be added to the resolution for this year's program. Commissioner Caldwell recalled that the list was to be posted at the facility. Chairperson Moran thought that the posting may have been in the form of a mailing to the neighbors. Chairperson Moran stated that she remembered that during last year's temporary use permit hearing there were many questions raised by the neighbors. She noted that she understood that the program was very successful and had run smoothly. Chairperson Moran inquired if the City had received any complaints relative to the program last year. Planner Walgren stated that the City had not received any complaints relative to last year's program and its use of the church. Commissioner Jacobs noted that in one place of the packet materials it indicated 15 guests and another place indicated 15 adult males. He asked if the program was limited to adult males. Planner Walgren stated that the use of the program by only adult males was a restriction placed on this particular site by the applicants/program coordinators because of its limited facilities. Commissioner Asfour stated that he thought this was a good use for the church facilities and commended the church for its participation in the program. He also inquired if the applicants would have to make application to the City each year for the temporary use permit. He stated that he would be in favor of a conditional use permit in order to eliminate the yearly application. Community Director Curtis explained that the City is working on such a procedure, but that the Planning Commission would probably be required to conduct one more annual review before such a procedure is put in place. Community Director Curtis and Planner Walgren answered other general questions from the Commission with regard to the application. • • Planning Commission Minutes Meeting of October 13, 1993 Page 9 CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 8:02 P.M. Marjorie Schultz, representing the applicant, spoke in favor of.the application and discussed such issues as off-site shower facilities, various methods transportation, program counselors, program objectives, and the provision of meals. She stated that last year a list of the names and telephone numbers of contact people for the program was posted on the door. She explained that this would be done again for this year's program. Ray Pasentino, 13100 Saratoga Avenue, inquired whether the fee for a continuous (seasonal) use permit referred to by Director Curtis would be waived. Mr. Pasentino commented that if this is the case the City would be donating its time. Mr. Pasentino expressed his appreciation for the City's time and consideration on this application. Community Development Director Curtis explained that the $900 temporary use permit application fee for this year's request had been waived. He stated that the decision to waive the continuous use permit fee would be up to the discretion of the City Council. There was no one else wishing to speak. WOLFE/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 8:09 P.M. PASSED 7-0. Commissioner Caldwell inquired as to where to integrate a condition requiring the posting of the names and telephone numbers of the program's contact people. Planner Walgren stated that this could be added to the resolution as Condition #8. ASFOUR/CALDWELL MOVED TO APPROVE TUP-93-004 PER THE STAFF REPORT WITH THE ADDITION OF THE FOLLOWING CONDITION: 8. PRIOR TO THE TEMPORARY USE PERMIT BECOMING EFFECTIVE, THE APPLICANT SHALL POST AT THE CHURCH (ON THE CHURCH GROUNDS) THE NAMES AND TELEPHONE NUMBERS OF THE PROGRAM CONTACT PEOPLE. THE MOTION PASSED 7-0. • • Planning Commission Minutes Meeting of October 13, 1993 Page 10 DIRECTOR'S ITEMS 1. Status Report on Planning Commission Committees a. Bicycle Committee -Director Curtis gave a brief report on the activities of the Bicycle Committee namely the recent appointment of two new Committee members. He noted that the next Bicycle Committee meeting would be held Monday, October 25, 1993. Commissioner Caldwell noted that she was a little amused by the minutes relative to how it was determined that she and Commissioner Murakami would serve on the Bicycle Committee. she stated that she did not recall "volunteering" to serve on the Committee, but that she would indeed participate. She stated that there was some additional conversations with regard to Planning Commissioners serving on the committee which was not reflected in the minutes. b. Tree Committee -Director Curtis presented the minutes of the September 2, 1993, Tree Committee meeting. COMMISSION ITEMS 1. Update on San Marcos Heights street trees -Planner Walgren offered to answer questions from the Commission with regard to this item and the relative memo presented on this item. Commissioner Caldwell noted that this (subdivision) would be another interesting use of an off-site tree replacement program. Commissioner Kaplan noted that she had been informed by a citizen that there appears to be a group of trees on the Los Gatos side of the village that are infected. She asked if there was a way to call this to the attention of staff and incorporate the situation of these trees in to a tree committee. Director Curtis explained to Commissioner Kaplan that the citizen could call staff to explain the concern and the location of the trees and then staff would take the necessary action. He asked if Commissioner Kaplan knew the citizen and if she could relay this information to the person. Commissioner Kaplan indicated that she did know the citizen and would convey this information to them. • • Planning Commission Minutes Meeting of October 13, 1993 Page 11 2. Franklin 4-lot subdivision; 13686 Quito Rd. Planner Walgren presented the Report dated October 13, 1993. Chairperson Moran noted that the plan appears to be the same plan that was originally reviewed except that this plan has been colored and there are now only two access driveways. She stated that she does not see any change in density which was requested by the Commission. Planner Walgren verified that the plan was essentially the same with the exception of the relocation of the points of access to the proposed parcels. Commissioner Asfour stated that he also recalls the Commission directing the applicant to explore a plan with less density. Commissioner Asfour stated that this plan does not achieve what the Commission had hoped to achieve. Commissioner Murakami stated that the only real change to the plan is that the driveways have been moved closer together. Commissioner Jacobs stated that the driveways, as presented, make it virtually impossible for cars to exit without having to back out onto Quito Road. Commissioner Jacobs stated that whatever plan the applicant decides to present should address and mitigate traffic concerns and should contain a plan for automobiles to exit without having to back out onto Quito Road. Chairperson Moran inquired as to the purpose of the review of this item. Planner Walgren explained that the objective of tonight's review is for the Planning Commission to provide feedback and/or further direction to the applicant with regard to this project prior to it being placed on the public hearing agenda. He noted that the Commission has already done this by expressing their desire to review a plan with less density and which mitigates the traffic concerns. Chairperson Moran pointed out that most of the Commission is in agreement with Commissioner Asfour that this direction is the same direction given to the applicant at the last review. She inquired why this plan which does not meet this direction was .brought back to the Commission. She wondered why staff had not caught this. Director Curtis explained that staff had noticed this, but that the applicant requested that the plan be brought back before the commission for their comments. Planning Commission Minutes Meeting of October 13, 1993 Page 12 Commissioner Asfour suggested that the minutes on the last review be examined for the Planning Commission's comments and direction. He noted that he felt that the presentation of this plan is almost an insult because the Planning Commission direction was very clear but was virtually ignored. Commissioner Caldwell stated that she felt the minutes were very clear with regard to the Planning Commission's direction and that tonight's comment have just re-affirmed the Planning Commission's position on this plan. Commissioner Wolfe stated that he would be in favor of one driveway or a cul-de-sac servicing the new lots. Terry Szewczyk, representing Nowack and Associates, project civil engineers, explained that the parcel is very restrictive due to the existing wall, the creek, water district easement, and the riparian corridor easement. He noted that in consideration of the water district easement and the building setbacks, the applicant feels that to require an additional 20-foot riparian corridor easement would be excessive. Commissioner Jacobs expressed concerns with regard to the ingress/egress of the project, lack of off-street parking, and the proposed density. He expressed a desire to review a plan with decreased density, additional off-site parking and sufficient vehicle turn-around space. Terry Szewczyk, Nowack and Associates, stated that the plan could come back with additional off-street parking and aturn-around plan. Commissioner Asfour noted the Commission's desire to review a 3-lot subdivision plan. He stated that it is his opinion that a 4-lot plan will not "fly". Terry Szewczyk, Nowack and Associates, acknowledged Commissioner Asfour's comments and stated that a 3-lot plan will also be presented. Commissioner Caldwell stated that the Commission recognizes the constraints of the parcel, but that it is not the responsibility of the Commission to eliminate those constraints. She also expressed concern with regard to the proposed driveways and their potential safety issues. Terry Szewczyk, Nowack & Associates, inquired if the plan was close to the satisfaction of the Commission with regard to the setbacks from the transmission tower and the riparian easement. • • Planning Commission Minutes Meeting of October 13, 1993 Page 13 Both Chairperson Moran and Commissioner Caldwell voiced their preference fora 60 foot riparian corridor easement and a larger setback from the tower with regard to the building envelope for Lot D. Planner Walgren, in response to Chairperson Moran, again explained that the purpose of this review is to provide further direction to the applicant with regard to the plan. he noted that the application expires November 26th and that the public hearing for this application will need to be renoticed. Terry Szewczyk, Nowack & Associates, clarified that the Commission would like to see a 3-lot radial subdivision. Chairperson Moran stated that the Commission would like to see a 3-lot subdivision, but that it doesn't necessarily have to be a radial plan. She stated that the 3-lot lay- out is up to the preference of the applicant. Planner Walgren noted that staff's understanding of the direction to the applicant is to reduce the density to not more than 3 parcels, provide a single access however that can be achieved, increase the riparian setback to 60-feet from the center line of the creek, and increase the transmission tower setbacks from. the Lot D building envelope. The Commission indicated that this direction as stated by Planner Walgren was accurate. COMMUNICATIONS Written 1. City Council Minutes - 9/15/93 2. Notices for the 10/27/93 public hearing Oral City Council • r Planning Commission Minutes Meeting of October 13, 1993 Page 14 ADJOURNMENT At 8:34 p.m. Chairperson Moran adjourned the meeting to 7:30 p.m. on October 27, 1993, in the Civic Theater, 13777 Fruitvale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk