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HomeMy WebLinkAbout03-08-1995 Planning Commission minutesT T •.:A\\ING COMMISSION MINL7~ MARCH 8, 199 Cih• Council Chambers, 13777 Fruiri•ale Avenue Regular Meeting The meeting ~~-as called to order at 7:30 p.m. by Vice-Chairman Murakami. Roll Call Present: Abshire, Cald~i-e11. Kaplan. Murakami, Patrick. Siegfried Late: None Absent: Asfour City Attorney Riback ~i-as present this e~~ening. PLEDGE OF ALLEGIANCE MTNT TTF.C February 22, 1995 COMMISSIONERS CALD~~~"ELL!KAPLAN MOVED TO APPROVE THE FEBRUARY 22, 199 MINUTES `WITH THE FOLLO`~ZNG AMENDMENTS: - Page 3, last paragraph, line 2 to read: "...hec-attse e~e~'a~~~ the Cit~• does not ha~~e control o~~er pri~~ate maintenance agreements." - Page 4, first paragraph under item ~, line ~ to read: "...t«-o story homes~n°••'~ ~~e ............ appro~~e .... - Page 4, last paragraph, line 2 to read: "Commissioner Cald«-e11 informed the applicant that there is an issue in the south bay area relating to urban run off ~~-hich contain metals ~°~~. - Page ~, paragraph 1, line 3 to read: "...industry but «~as coming from urban run off ~ g=rizp°'a--r~r-a,i-r-~iicn t~2iix~--iiiF~Eepp •. L,•,"•.•° ,.,.,,-1:..~ r°'::~°°~••~°' ~=°*••--°~ *'~~*'~~-•~ °_ ~--°~ She asked Ms. Miranda if she «-ould be ~i•illing ~~ .-- err=-• to use an alternate material that can be used so that there is no degradation of the copper gutters i#~f «~ith «~ater running o~•er it. - Page ~, paragraph 3, line 3 to read: "...trying to disseminate information te~a~ieits al~oiit i~rbariruii bff ssues.:to:l~~eal jurisdictions. She felt that the Commission should be more conscientious about theaes5ues in its land use decisions. - Page 7, paragraph 3, line 3 to read: "appro~•al. Mr. Farsio responded that there «-as not :: sufficient space ~ iri a`'sralier guest h~~e. He «~as requesting...." - Page 7, last paragraph, line 1, change the word "agree" to "agreed". PLANNING COMMISS~ MINUTES MARCH 8, 1995 PAGE - 2 - - Page 8, paragraph 4, line 3, replace the ~~•ord "see°eral" with "numerous". - Page 9, paragraph 3 to read: Commissioner Cald~i~ell commented that this subdivision was not approved with a tree protection ~~t ir~r~...." - Page 10, paragraph ~, line 7 to read: "...have been zoning '~~~~~~~~ ~~~a..,,+~a arid: .::::::.::::.:..:::. . getecl`ical:.cleances does not necessaril~• mean support,...." - Page 10. paragraph 7 amended to read: "Commissioner Caldwell felt that Ms. Fanelli's letter misrepresented the comments o~ the technical experts and staff~•-~~e ~epesal. Ms. Fanelli responded that in October 1994, staff recommended approval of this project in their staff report....She further stated the City- Council has given her their agreement that the applicant can return ~~~ith a proposal. (~'omn~issioner Caldwell corrected ~~1s:.I=anelli b~- stating thatst~1€'::.did~t rec~o~i~~d apprc~ti~~t1.~ but ~a di.~.'.ferc~nc c~oursc of .. afaon." . - Page 1 1, last paragraph to read: "Commissioner Caldwell stated that she wanted to make the record clear when statements are made that are not accurate because uher people iotk at • ~ ~~• •'~ the statements, they think that the statements are correct... She commented that it would be helpful if staff could be clear whether it supported a proposal ~~len:au~h ....:. characterisations are rnadd...." THE ~i01'IO\T CARRIED 4-0-2 ~~'ITH COMMISSIONERS PATRICK AND SIEGFRIED ABSTAINING AND CHAIR:viAN ASFOUR ABSENT. ORAL COMMUNICATIONS \TO comments were offered. REPORT OF POSTING AGE\DA Pursuant to Government Code 54942, the agenda for this meeting was properl~• posted on 1\~larch 3. 199. TECHNICAL CORRECTIONS TO PACKET No corrections were reported. CONSENT CALENDAR PCTBLIC HEARING COiV'SENT CALENDAR PLANNING COMMISS~ MINUTES • MARCH 8, 1995 PAGE - 3 - PUBLIC HEARI\GS 1. DR-94-0~0 - Lewis; 1881 IV1cCoy Ave., request for Design Review approval to construct a 1,866 sq. ft. one and t~~-o-story addition to an existing 1,348 sq. ft. single story residence pursuant to Chapter 1 ~ of the City Code. The subject property is approximately 12.400 sq. ft. and is located «-ithin an R- 1-10.000 zoning district. (Cont. from 2/8/9 to prepare revised plans: application expires ~/4/9~). --------------------------------------------------------------------------------------------------- Commissioner Cald~-e11 stated that she would be abstaining from this item because she did not participate in the original approval and did not have an opportunity to review the proposal. Planner ~Valaren presented the staff report on this item. Vice-chairman Murakami opened this item to public hearing at 7:42 p.m. Mark Harrington, project designer, informed the Commission that he «-ould answer any questions which it may have. Commissioner Abshire asked if the applicant was satisfied with the redesign of the project. Marilyn Lewis, applicant, responded that the design «•as a much nicer one but that it was more costly. COMMISSIO\TERS SIEGFRIED/KAPLA\ MOVED TO CLOSE THE PUBLIC HEARING AT 7:44 P.M. Commissioner Siegfried stated that the redesign «~as an improvement over the previous design. Commissioner Kaplan stated that she did not support the t~~-o story home but that she felt that the design vvas a much nicer one. Commissioner Abshire stated that the design «-as a vast improvement from the previous design and felt that the addition would serve as a guidance for future neighborhood upgrades. Commissioner 1\lurakami stated that he felt that the applicant took the Commission's concern and applied them to the redesign of the project and therefore could support the proposal. COIVLVIISSIO\ERS SIEGFRIED/ABSHIRE MOVED TO APPROVE RESOLUTIO\? DR-94-0~0 PER STAFF'S RECOMMENDATION. THE ~~1OTIOI~T CARRIED 3-2-1 WITH COIVIMISSIO\TERS KAPLAN AND PATRICK VOTING NO. COMMISSIONER CALDWELL ABSTAINING A\D CHAIRMAN ASFOUR ABSENT. 2. DR-94-047 - O'Brien: 21778 Villa Oaks Ln., request for Design Review approval to construct a new x,684 sq. ft. two-story residence per Chapter 1 ~ of the City Code. The property is approximately 1.3 acres and is located within a Hillside Residential (HR) zoning district. PLANNING COMMISS~T MINUTES MARCH 8, 1995 PAGE - 4 - Planner ~?~'alaren presented the staff report on this item. Commissioner Cald«-e11 asked if there «-as and- «-a~- to make sure that the required plantings be maintained for a specific period of time. Planner `~'algren responded that irrigation is required to be installed and that ~~-here plantings are critical, it can be required that a long term bond be posted. Commissioner Caldwell asked if the tree locations for the San Marcos Heights subdivision ~~-ere required b~~ the City or selected b~~ the applicant. Planner VValgren responded that the trees ~~-ere located in an area selected b~~ the applicant. Vice-chairman Murakami opened this item to public hearing at 7:48 p.m. James Stroupe, project architect, stated that he ~~-ould agree to answer any questions which the Commission ma~~ have. He provided the Commission «-ith photographs of homes in the area. Commissioner Kaplan inquired if the drive«-a~- could be relocated. Mr. Stroupe addressed the reason for the proposed location of the drive~~-a~~ b~• stating that he tried to maintain as much of the rear }•ard as possible. He indicated that there ~~-ould not be grading for the house itself but that grading would occur onl~~ for the driveway. Mr. Stroupe informed the Commission that a solid stamp concrete material ~yould be used for the drive«-a~•. Commissioner Kaplan asked if the material for the driveway should be that of a permeable material. Planner ~Valgren responded that the stamp concrete would be acceptable material. Commissioner Cald~yell asked if the applicant ~~-ould agree to use medium earthtone colors. Mr. Stroupe responded that he ~yanted to use a soft white color but that he would be «-illing to ~~-ork with staf f to mo~~e to«~ards earthtone colors COiviMISSIONERS K_APLAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 7:~8 P.M. Commissioner Patrick requested that petitions submitted be legible. Vice-chairman iViurakami noted that his concern ~~-as that of the domes but that staff addressed that concern. Commissioner Caldwell commented that there is an exposure of the vertical columns. She requested that the landscape address the concern and that it be better integrated into the lot. Commissioner Siegfried concurred ~yith Commissioner Caldwell's comments. COMMISSIONERS CALD~~'ELL/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-94- 047 WITH THE ADDITIO\T OF THE FOLLOWING CO\DITIONS: 1) THE LANDSCAPE PLAN TO BE PREPARED AND REVIE`W'ED BY STAFF TO PROVIDE SCREENING FOR THE VERTICAL COLUMNS AND 2) THAT THE COLOR OF THE HOME BE THAT OF 1~1EDIUM EARTHTONES TO BE APPROVED BY STAFF. THE MOTION CARRIED 6-0 (CHAIRMA\T ASFOUR ABSENT). PLANNING COMMIS MINUTES • MARCH 8, 1995 PAGE - 5 - 3. DR-9~-001 - Lotus Development Co.; 12800 Cumberland Dr., Lot #4, request for Design Revie~• approval to construct a ne~~~ 4.238 sq. ft. one-store residence per Chapter 1 ~ of the City Code. The propem• is approximately 19,1» sq. ft. and is located ~i~ithin an R-1-12,00 zoning district. ~. DR-9~-002 - Lotus Development Co.; 12778 Cumberland Dr.. Lot #~, request for Design Review approval to construct a ne«- 4,130 sq. ft. one-story residence per Chapter 1 ~ of the Cit~° Code. The property is approximately 16,674 sq. ft. and is located within an R-1-12,00 zoning district. Planner ~~%algren recommended that the staff reports for agenda items 3 and 4 be presented concurrently as they were adjacent development. IT `B'AS THE CONSENSUS OF THE COM~IISSIO~T TO CONSIDER BOTH AGENDA ITEMS 3 A\D 4 CONCURRENTLY. Planner ~~'algren presented the staff report for both agenda items 3 and 4. Staff recommended approval of both applications. Commissioner Caldwell inquired about lot ~. She stated that she was troubled that the driveway came close to Cumberland Drive and Cox Avenue. She asked if there was enough room for cars to turn around? Planner ~Valaren responded that there was enough space to allow for vehicle turn-around. Commissioner Kaplan requested that staff clarify where the tree between lots 4 and ~ is located. Planner V~'algren clarified the location of the trees. Vice-chairman Murakami opened item 3 (DR-9~-001) and item 4 (DR-9~-002) to public hearing at 8:00 p.m. THERE BEING \TO INPUT, VICE-CHAIRMAN iV1URAKAMI CLOSED THE PUBLIC HEARING AT 8:01 P.M. Commissioner Caldwell inquired as to the materials that ~;could be used for the soundwall. Planner Walgren recollected that the material would be that of a split wall. Commissioner Caldwell requested that the color not be a shade of pink. Planner Vl'algren responded that the color board revie~m-ed at the time of subdivision approval depicted the color of the soundwall. Commissioner Cald~;-ell asked if the city arborist, Barrie Coate. took into account the plans for the ~~-a11 in terms of tree preservation. Planner ~?~'alaren responded that Mr. Coate reviewed the °all detail to ensure tree preservation. y COViMISSIOI\TERS KAPLAN/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-95-001 PER STAFF'S RECOMMENDATIOl~T. THE MOTION CARRIED 6-0 ~~ZTH CHAIR.I~AN ASFOUR ABSENT. CO1~~IISSIONERS SIEGFRIED~'PATRICK MOVED TO APPROVE RESOLUTION DR-95-002 PLANNING COMMIS~1 MINUTES • MARCH 8, 1995 PAGE - 6 - PER STAFF'S RECOil1ME\DATION. THE MOTION CARRIED 6-0 `'WITH CHAIRMAN ASFOUR ABSENT. Commissioner Cald«-ell asked if staff ~~-orked with the applicants to keep the design in line ~~~ith the surrounding homes as the homes «~ere designed to be compatible «-ith those of the surrounding homes. Planner ~~'al~ren informed the Commission that the designer «~as a«-are of the design issues. y ~. AZO-9~-001(a) - City of Saratoga; The Planning Commission is initiating an amendment to Article 1 ~-70.020 of the Cit~• Code. This amendment ~~~ould allo«• residential de~~elopment within hillside subdi~~isions to apply those building setbacks in effect ~.~~hen the subdi~~ision and site de~-elopment plan ~i~ere originally appro~-ed in lieu of current lot-percentage based setbacks. Plamier `~'algren presented the staff report on this item. Commissioner Kaplan stated that she ~i-ould ha~~e preferred to re~~ie~~~ the amendments in a study session to get an over~~ie~~- of ~~-hat the diagrams depict and to get a better understanding of the proposed amendments. She requested that staff pro~~ide an analysis of the proposed setback requirements. Commissioners Cald«-e11 and Siegfried agreed «-ith Commissioner Kaplan that the amendments be revie«~ed in a study session prior to a public hearing. Commissioner Cald~~•ell asked ho«= manv lots the proposed amendments «~ould be affecting. Planner ~Valgren responded that the amendments «•ould affect six to eight subdi~~isions. Commissioner Cald«-e11 asked if this amendment accommodates a concern of the cite that de~•elopment a~~oid encroachment of a creek. Planner ~~'algren responded that the amendment «-ould protect the creek. Commissioner Cald~~•ell recommended that if Section 3, located on page 3 of the staff report. «=as to be retained. that it be mo~~ed to subsection (b) located on page 2 or that ", and" be added to the end of subsection (b)(2) located on page 2 as subsection (b)(1) ends «~ith "or". She recommended that additional language be added to other sections of the codes to safeguard authority relating to health and safety issues. Vice-chairman Murakami opened this item to public hearing at 8:17 p.m. Rader` haf informed the Commission that he purchased lot 11, Mt. Eden, in 1989. He ..:.:.:.......... .:::.;:.:: commented that a lot line adjustment «-as completed and that the purpose of the lot line adjustment «-as to relocate the building pad to a better location. He asked ho~i- the proposed setback amendments «-ould affect him? Planner Walgren responded that the lot line adjustment «~as completed prior to the code amendment and that the proposed amendment ~i-ould ease restrictions on Mr. Shaf's parcel. VICE-CHAIR:'~1_AN MURAKAMI CLOSED THE PUBLIC HEARING AT 8:21 P.M. Community Development Director Curtis informed the Commission that one zoning text PLANNING COMMISS~i MINUTES • MARCH 8, 1995 PAGE - 7 - amendment is proposed to be scheduled each month. to be reviewed as part of a work session prior to a public hearing. Planner VVal~ren informed the Commission that the next zoning text amendment scheduled would be the review of floor area reduction «°hich was advertised and scheduled for a March 21. 199 public hearing. IT ~~l%AS THE CO\TSENSUS OF THE COMMISSION TO DIRECT STAFF TO PREPARE THE PROPOSED ORDINANCE AMENDME~'TS FOR REVIE~'~~ AND CONTINUED THE PUBLIC HEARING TO A DATE U1~TCERTAIN. I1~TCORPORATI\TG COMMISSIOI~TER CALDWELL'S RECOMMENDATION (CHAIRIVI_AN ASFOUR ABSENT). 6. Greenbriar Homes Co.; 131 ~0 Saratoga Ave., review and approval of a Development Agreement behveen the City of Saratoga and Greenbriar Homes specifi~ing development requirements for the previously approved 94-lot, single family residential development on the former Paul Masson ~Vinerv Site. AT THE COI~TCLUSION OF THE PUBLIC HEARI\TG, THE + PLANNING COMMISSIONT WILL FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL FOR FINAL APPROVAL. THE PLAi\"NING COMMISSIOI~T RECOMMENDATION ~~l%ILL BE CONSIDERED BY THE SARATOGA CITY COUNCIL O\T ~~'EDI~TESDAY. MARCH ] ~. 199. --------------------------------------------------------------------------------------------------- Community Development Director Curtis presented the staff report on this item. He informed the Commission that the Development Agreement has been reviewed by staff, the City Attorney and Greenbriar. Staff recommended recording of the Development Agreement document to the City Council y Commissioner Patrick asked ~i-hat the Commission's role was in this process because the agreement was one made between Greenbriar and the City Council. City Attorney Riback responded that the agreement has to be drawn up and be reviewed by the Planning Commission and adopted by the City Council and that it was one of those documents that would be difficult to negotiate changes in a public forum. If there was something in the document that the Commission felt ~i-as inappropriate, he felt that the Commission could make recommendations regarding that portion of the document. He explained that a vesting tentative map «-as good for a period of five years and that a development agreement can be entered into for a specified period of time. A vesting tentative map does not allo~r~ the city to make changes where a development agreement allows the city to negotiate changes. Commissioner Kaplan asked if the Commission was required to appro~~e the development agreement or can the Commission pass the development agreement on to the City Council for action. City Attorney Riback stated that the Commission can forward the development agreement with no recommendation to the City Council. Commissioner Kaplan stated that she did not review the document as the terms of the agreement have been negotiated bet«-een the attorneys and City Council. PLANNING COMMISS~ MINUTES MARCH 8, 1995 PAGE - 8 - Commissioner Cald«-e11 commented that the document falls short in making assurances that the development agreement reads the way the Cit<~ Council intended it to be. One fundamental concern that the Council made ryas that of phasing. In revie~ying the tape of the meeting, she stated that one Councilmember made a statement that if there was going to be an}~ phasing. that phasing «-as to be from Saratoga Avenue on back. She further stated that originally, the 10 acres were to be zoned R-1 40,000 and that no development agreement was secured for that development. The current proposal is for high density development. She offered the following recommendations: the intent was that this property was to be developed as residential. not commercial; page ~, section 7.4 does not constrain the developer to ensure that development takes place: phasing of the development is not stated: commercial development behind residential would be inappropriate; and the exhibit does not ensure that development would occur ~-ithin a specific period of time. if 10 years is the time frame. she felt that it was too long. Community Development Director Curtis informed the Commission that tentative maps have up to five years to final. Commissioner Caldwell felt that five years ryas a more appropriate time limit. She further recommended that it be made sure that the basic goal does not get undermined by extreme flexibility. She asked what her fello~~- Commissioners thought about the 10 year period. Vice-chairman Murakami asked if a 10 year time period was standard for this type of agreement and clarified that a developer ~yould be able to commence construction earlier than stipulated in an a~~reement. Commissioner Siegfried felt that Commissioner Cald~i-el1's comments ~yere valid ones but that he felt that they were issues that should be addressed at the Council level. He noted that the Commission denied this project. Commissioner Caldwell felt that the Commission ~i~as representing the citizens of Saratoga and that it «-as the Commissions responsibility to forward comments and concerns to the City Council. City Attorney Riback responded that he and staff drafted a document that «-ould allow the City as much flexibility as possible. He stated that an_v comments expressed by the Commission «-ould be passed on to the City Council and that the developer was present to listen to all concerns. Commissioner Siegfried stated that he concurred ~yith the comments as expressed by Commissioner Caldwell and that he would agree to forward her comments to the Council. Commissioner Abshire commented that he revie«-ed several contracts «-hen he «-orked for Shell Oil Company. In his review of this development agreement, he felt that the interest of Saratoga were being protected as «°ell as that of the property o«-ner/developer. However, he felt that the term of the agreement was too long and felt that three years «-ould be appropriate. Commissioner Patrick stated that she did not review the City Council tapes relating to this development. She inquired ~w°hen the park fees would be paid. Community Development Director Curtis informed the Commission that the park fees are to be paid at time of final map approval. City Attorney Riback confirmed that the park fees «-ould be paid at time of final map ' PLANNING COMMISS~ MINUTES MARCH 8, 1995 PAGE - 9 - approval. Commissioner Patrick asked about Subparagraph x.3.4 located on page 87. Said subparagraph «~ould allow for the formation of a Landscape and Lighting District. She asked as to the purpose of the district. Cite Attorney Riback responded that a landscape and lighting assessment district would allo«~ for the continued funding of public improvements within the development. Commissioner Caldwell recommended that the purpose of the landscape and lighting district be stated to make sure it is clear. Vice-chairman Murakami opened this item to public hearing at 8:47 p.m. I'att7ck:~zstari~o~T~., representing Greenbriar, responded that the phasing of the project «~ould allow anorth/south development. He informed the Commission that one of the conditions of subdivision approval and the Development Agreement requires that all improvements along Saratoga Avenue be installed as part of Phase I of the development and that the tot lot would be built no later than t«-o years upon commencement of the project. In addition, he would be submitting the map as one final map and that he ~i-ould not be taking advantage of phased mapping. He informed the Commission that all road improvements would be installed at one time. He addressed the concern regarding the ten year time limit. He stated that it «=as his intent to have the project build out in a two to three year period. The ten year limit would allow flexibility for unforeseen problems such as the recession that was experienced. COMMISSIONERS SIEGFRIED!KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M. Commissioner Cald«-e11 recommended that the development agreement stipulate a three rear time limit. Community Development Director Curtis stated that if the Commission felt that the 10 year agreement was too long, that the Commission could recommend a three year term as being an appropriate time limit. City Attorney Riback clarified that Subparagraph x.3.3 located on page 23 of the agreement was added to require that contractors for the development obtain asub-permit from the State Board of Equalization for the job site if the construction contract exceeded $x,000,000. This subsection would allow the sales tax dollars for materials that are to be installed to go to the job site as opposed to going into acounty-wide pool, benefiting the City. This modified language would be included in future documents. THE PLAIvi\TING COMMISSION COMMEI~TTS ARE TO BE FORWARDED TO THE CITY COU~iCIL. NO ACTIO\T VAS TAKEI`T ON THIS ITEM. DIRECTOR'S ITEMS Community Development Director Curtis updated the Commission as to the follow-up of yesterday's study session regarding nonconforming signs within the Village. PLANNING COMMIS MINUTES • MARCH 8, 1995 PAGE - 10 - Community Development Director Curtis informed the Commission that 146 applications hay=e been received for the vacant assistant planner position and that intervie«-s for the position would be conducted on Monday. He stated that it is anticipated that the assistant planner would be on board by mid-April. COMMISSION ITEMS Commissioner Kaplan informed the Commission that she. Commissioner Abshire and Community Development Director Curtis attended a meeting on Monday hosted by the Manufacturing Group. She noted that Mayor Burger «-as in attendance as «~as Councilmember ~~~olfe ~i~ho «-as present as a participant. She felt that Councilmember ~Volfe's comments regarding the high cost of housing for young people in Saratoga were correct statements. She also informed the Commission that she received a California la«- ne~i~sletter and that one article stated that a public hearing conducted by Thousand Oaks resulted in the approval of a resolution which contained x,000 conditions. Commissioner Caldwell provided the Commission and staff with a copy of a legal report that states that General Plans can be amended by voter initiative. She requested that at the next meeting. staff inform the Commission as to the legal status of the Constantin application prior to a study session being conducted with GIs. Fanelli. COMMUNICATIONS Written 1. Letter from Marcia Farris re: Kosich application for rezoning 2. City Council Minutes - 2/7. 2/13. 2/1~/9~ y 3. i\otices for the 3/21/9 Plannin~~Commission Oral Cite Council ADJOURNMENT - There being no further business, the meeting adjourned at 8:42 p.m. to 7:30 p.m., Tuesday. March 21, 1995, Civic Theater. 13777 Fruitvale Avenue. Saratoga, CA. RESPECTIVELY SUBMITTED. IR1~~1A TORREZ MII~'UTES CLERK irYC0=0895. sA K