HomeMy WebLinkAbout10-09-1996 Planning Commission MinutesSINNING COMMISSION MINUTIi
OCTOBER 9.1996
City Council Chambers. 13777 Fruitvale Avenue
Regular Meeting
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Chair~voman Kaplan called the meeting to order at 7:00 p.m.
Roll Call
Present: Abshire, Kaplan. Murakami, Patrick, Pierce. Siegfried
Late: None
Absent: Asfour
Staff: Community Development Director Curtis and Planner Walgren. City Attorney
Riback was not present this evening.
Community Development Director Curtis introduced newly hired Assistant Planner Deming.
Pledge of Allegiance
itlinutes - 9/25/96
COMMISSIONERS MURAKAMI/PATRICK MOVED TO APPROVE THE
SEPTEMBER 11, 1996 MINUTES AS WRITTEN. THE MOTION CARRIED 5-0-1 WITH
CONIMISSIONER ABSHIRE ABSTAINING AND COMMISSIONER ASFOUR ABSENT.
Oral Communications
No comments were offered.
Report of Posting_ Agenda
Pursuant to Government Code ~49~4.2,the agenda for this meeting was properly posted on
October 4, 1996.
Technical Corrections to Packet
No corrections were noted.
CO\SENT CALENDAR
1. LP-96-013 -SPRINT SPECTRL~I L.P./CRA~'~'FORD; 1442 BIG BASI\ `'L'AY;
Request for Use Permit approval to construct an eight-foot pole with six antennas
on top of the building. Equipment cabinets will be placed in an existing garage on
site. An em~ironmental initial study and subsequent Negative Declaration have been
prepared for this project pursuant to the terms and requirements of the California
Environmental Quality Act (cont. to 10/23/96 at the request of staff; Cite rep iew
deadline is 3/11/97) .
r PLANNING COMMISS~ MINUTES •
OCTOBER 9.1996
PAGE - 2 -
COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE CONSENT
CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 6-0 WITH
COMMISSIONER ASFOUR ABSENT.
PUBLIC HEARING CONSENT CALENDAR
2. SD-96-005 & UP-96-004 - EITZE\; END OF OLD OAK WAY; Request for
Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four
individual lots of 5.6, 3.1, 2.6 and 2.2 net acres. Approximately 17 acres would be
dedicated as open space. Use Permit approval is requested to allo«~ the four lots to
be clustered together, thus allowing the open space dedication. Lot 1 is proposed on
a City Code identified minor ridgeline and Lots 2 and 3 are along a major ridgeline -
more restrictive building height limits are applied to ridgeline lots. The property is
located within a Hillside Residential (HR) zoning district (cont. to 11/13/96 at the
request of the applicants; City review deadline is 12/17/96) .
COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE PUBLIC
HEARING CONSENT CALENDAR ITEM 2. THE MOTION CARRIED 6-0 WITH
COMMISSIONER ASFOUR ABSENT.
PtiBLIC HEARINGS
3. SD-95-007 - KE\TNEDY, 13121 SARATOGA-SLNNYVALEROAD; Request for
Vesting Tentative Subdivision Map approval to subdivide three parcels of land
totaling 9.42 acres. The applicants have prepared four alternatives for Planning
Commission consideration. T~vo of the alternatives yield eleven lots and provide for
the through access of Paramount Drive. The other nvo alternatives yield twelve lots
and provide for a cul-de-sac turn-around at both ends of Paramount Drive. The
eastern half of the property is zoned R-1-12,00 and the western half is zoned R-1-
40,000.
An environmental initial study and subsequent Negative Declaration have been
prepared for this project pursuant to the terms and requirements of the California
Environmental Quality Act (cont. from 9/25/96 for revote on the Tentative itlap
application -the Negative Declaration has been unanimously adopted; Cit~~ revie«~
deadline is 1/17/97) .
Community Development Director Curtis presented the staff report. He stated that at the
Commission's September 25, 1996 meeting, a motion vas made to approve the application
subject to Alternative 2 as presented. The vote on the motion resulted on a 3-3 vote.
According to the Municipal Code, a tie vote ~;~ould be continued to the next Plannin4
Commission for reconsideration of the same motion. He stated that the action to be taken
this evening would be a revote on the application. He noted that the motion made was to
approve Resolution No. SD-9~-006, approving alternative 2 as presented. He requested that
the Commission clarify if the motion vas to include a condition to stipulate that lot ~ is to
be limited to a single story home.
PLANNING COMMISS~ MINUTES •
OCTOBER 9.1996
PAGE - 3 -
COMMISSIONERS SIEGFRIED/PATRICK MOVED TO AMEND ITS SEPTEMBER
25, 1996 MOTION TO STIPULATE THAT LOT FIVE IS TO BE RESTRICTED TO A
SINGLE STORY STRUCTURE. THE MOTION CARRIED 6-0 WITH COMMISSIONER
ASFOUR ABSENT.
Commissioner Abshire stated that the subdivision request has previously gone through nvo
public hearings and one study session review. At the September 25, 1996 Planning
Commission meeting, the Commission was presented with four alternatives for the
development of the Kennedy subdivision. He noted that the motion included the approval
of Alternative 2 which incorporates a traffic circle at the intersection of Claremont Drive
and a new minimum access road that was favored by the Planning staff, Fire District, Public
Works Department and three Planning Commissioners. He noted that Alternative 3 allows
121ots with a cul-de-sac at each end of Claremont Drive to be connected with an emergency
access that was supported by the applicant, the neighbors and three of the Planning
Commissioners. In addition, concerns were presented by the three neighbors ~vho reside on
Saratoga Drive. He felt that Alternative 2 has advantages (i.e., conforms with City code
regulations and improves area circulation). However, Alternative 3 also improves area
circulation to emergency vehicles, bicyclist and pedestrians and would also preserve the
characteristics of the surrounding neighborhood. He noted that the applicant proposes a
mechanism that would ensure the maintenance of the fire lanes. Both the Fire District and
the Public Works Department are satisfied that alternative 3 was a workable solution. He
stated that he would support Alternative 3 for the reasons stated above. He indicated that
he listened to the tapes, noting that the tapes were not audible when the public vas making
its presentation.
COiViMISSIONERS PATRICK/KAPLAN MOVED TO APPROVE ALTERNATIVE 2.
THE MOTION FAILED 2-4 WITH COMMISSIONERS ABSHIRE, MURAKAMI,
PIERCE. SIEGFRIED VOTING NO AND COMMISSIONER ASFOUR ABSENT.
COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO APPROVE RESOLUTION
NO. SD-95-007, DIRECTING STAFF TO RETURN WITH A RESOLUTION OF
APPROVAL, INCORPORATE THE COMMISSION'S APPROVAL OF ALTERNATIVE
'THREE, RESTRICTING LOT 5 TO SINGLE STORY. AND TO INCLUDE THE
NECESSARY LANGUAGE TO PRESERVE AND MAINTAIN THE FIRE ACCESS.
THE MOTION CARRIED 4-2 WITH COMMISSIONERS KAPLAN AND PATRICK
VOTING NO AND COMMISSIONER ASFOUR ABSENT.
4. V-96-017 - ROSEBERRY,13761 DOLPHIN DR.; Request for Variance approval to
build a 559 sq. ft. addition to an existing 2.987 sq. ft. single story residence. The
Variance is necessary to allow the addition to be located 25 ft. from the front
property line when 30 ft. is the minimum requirement. The property is located in
an R-1-20,000 zoning district.
Planner Walaren presented the staff report.
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PLANNING COMMISSION MINUTES
OCTOBER 9, 1996
PAGE - 4 -
Chairwoman Kaplan opened the public hearing at 7:45 p.m.
Ed Roseberry, property owner, requested Commission approval of the request.
Commissioner Abshire asked what was to be done with the fence facing Dolphin Drive (vas
the fence to be moved back or was it to be moved in front of the garage)? Mr. Roseberry
informed the Commission that he has not made a decision re~ardin~ the fence.
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC
HEARING AT 7:47 P.M.
COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE RESOLUTION
NO. V-96-017. MAKING THE VARIANCE FINDINGS AS LISTED IN THE STAFF
REPORT. THE MOTION CARRIED 6-0 WITH COMMISSIONER ASFOUR ABSENT.
5. UP-96-014 - it~IORICI/PHA~i, 12297 SARATOGA-SLTINYVALIFRD.; Request for
Use Permit approval to open and operate a dental office in a newly constructed
commercial building. The currently vacant commercial tenant spaces front a planned
development project, which include 26 residential townhomes, located within a
Commercial-Neighborhood zoning district.
Planner Walgren presented the staff report.
Chairwoman Kaplan opened the public hearing at 7:50 p.m.
Nicole Pham, applicant, requested Commission approval of the request. She felt that the
proposed use would provide a great service to the community and that it would complement
the City of Saratoga.
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC
HEARING AT 7:51 P.M.
Commissioner Abshire stated that the applicant proposes professional uses and that he
would not be in support of having the entire site being used as professional offices. He
stated that he would support more commercial establishments.
COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO APPROVE RESOLUTION
NO. UP-96-014 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 6-0 WITH
COMMISSIONER ASFOUR ABSENT.
6. DR-96-043, V-96-016 & SD-96-009 -ROSE\GARTEN, 14596 BIG BASIN ~'AY;
Request for Design Review approval to construct amixed-use four unit residential
townhome and t~vo unit commercial/retail development in the Saratoga Village. The
existing commercial structure would be removed. Variance approval is requested to
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PLANNING COMMISSION MINUTES
OCTOBER 9, 1996
PAGE - 5 -
deviate from the pedestrian open space and parking requirements. Tentative
Subdivision Map approval is necessary to establish the to~vnhomes on their own
parcels. The subject property is approximately 13.200 sq. ft. and is located within the
Commercial-Historic zoning district.
Planner Walgren presented the staff report. He stated that staff feels that the structure
maintains a relatively massive front elevation in comparison to what would normally be seen
at this end of the Village. He stated that the applicant feels that this is the extent that they
could rework this project and still make it feasible. He informed the Commission that the
City arborist's recommendation to eliminate a parking space in order to break up some of
the existing asphalt that currently encircles a large coast live oak tree on the adjoining
parcel has been included as a condition of approval subject to the adjacent property owner's
consent. Therefore, staff felt that the special circumstance in this case vas the protection
of the large oak tree that warrants reducing the parking requirements from fourteen parking
spaces to thirteen parking spaces. He also informed the Commission that the Village Plan
requires that 20 % of the parcel be dedicated as available public plaza or public pedestrian
open space. He indicated that the applicant is proposing 15 9 of the total side area be
devoted to a plaza and planting area which staff feels meets the intent of the Village Plan
and the Commercial Zoning Ordinance requirement.
Commissioner Murakami noted that staff did not have any objections regarding the design
of the structure. He asked if staff felt that there was still room for improvement? Planner
Walgren responded that staff discussed with the applicant the possibility of eliminating the
fourth to~vnhome above the commercial building to maintain a single story commercial
building. He informed the Commission that the applicant did not feel that it would be
feasible to pursue the project if this modification vas made.
Commissioner Pierce stated that Mr. Benzing. one of the project architects. vas assisting
him with a small remodel of his home. He did not believe that he has a conflict of interest
as it would not affect his decision on this application.
Chairwoman Kaplan noted that staff was recommending a reduction in parking, assuming
that the neighbor gives permission to salvage the tree. She asked if the tree could be
salvaged? Planner Walgren informed the Commission that it is believed that the neighbors
have given their consent as their project was integral to the neighbor's use of their project
(i.e., a component of the project is that the three existing driveways be merged). If the
variance is approved, the approval should be contingent on the adjacent property owners'
agreement.
Commissioner Siegfried asked if an extra parking space would be provided on the street due
to the elimination of the driveway. Planner Walgren responded that there is a possibility as
there appears to be enough land freed up to gain an additional street space.
Chairwoman Kaplan opened the public hearing at 7:57 p.m.
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PLANNING COMMISSION MINUTES
OCTOBER 9, 1996
PAGE - 6 -
No comments were offered.
COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC
HEARING AT 7:58 P.M.
Commissioner Siegfried recommended that the item be continued to the next Commission
meeting following Commission discussion to allow the applicant the opportunity to address
the Commission.
Commissioner Abshire recommended that this item be continued to a work session to allow
the applicant the opportunity to answer the Commission's questions.
Chairwoman Kaplan stated that she could not support the design because she felt that the
second story element is too bulky and that she felt that the project could be better designed.
She noted that the design across the street was that of a craftsman design. She stated that
she was not sure ho~v the driveway configuration was going to work (combination of the
three driveways). Planner Walgren clarified that the existing fence is to be removed and
that the driveway is to be widened to eighteen feet to serve the subject parcel. the
townhomes and the parcel to the south. He stated that there would be less paving as the
three driveways will be merged to a single asphalt access. He informed the Commission
that the building is to be setback 2~ feet from the sidewalk, providing some relief from the
front property line. He identified the location of the parking spaces.
Commissioner Siegfried stated that he did not object to the variance request. However, he
concurred with Chairwoman Kaplan's comments relating to the design of the building. If the
applicant wishes to move forward with these plans. he would want~to see a design that he
could support.
Commissioner Patrick stated that she could support the variance as she felt that the
preservation of the oak tree was more important than providing an extra parking space.
However, she did not support the design of the building as she did not believe that the
common design elements of the Village were incorporated, noting that the building appears
to be massive. She stated that she would support a different design that vas complimentary
to the homes located to the front of the parcel and that she would support a single story
commercial building.
Chairwoman Kaplan asked if the work session would be a productive one should this item
be continued to one. She noted that the Commission has identified its design concerns. She
recommended that the applicant be directed to return to the Commission with a redesign
of the project.
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO REOPEN THE PUBLIC
HEARING FOR SD-96-009. THE MOTION CARRIED 6-0 WITH COMMISSIONER
ASFOUR ABSEI`TT.
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PLANNING COMMISSION MINUTES
OCTOBER 9, 1996
PAGE - 7 -
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CONTINUE THE PUBLIC
HEARING FOR SD-96-009 TO NOVEMBER 13, 1996. THE MOTION CARRIED 6-0
WITH COMMISSIONER ASFOUR ABSENT.
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO SCHEDULE THIS ITEM FOR
A WORK SESSION FOR OCTOBER 23. 1996. THE MOTION' CARRIED 6-0 WITH
COMMISSIONER ASFOUR ABSENT.
DIRECTOR'S ITEMS
1. Hillside Preservation Strategy -Final Report
Community Development Director Curtis stated that the Commission reviewed the Hillside
Preservation Strategy Final Report at a work session conducted earlier this evening and
recommended that the Commission forward its recommendation to adopt the plan as
presented to the City Council.
Chairwoman Kaplan stated that although the Commission could not make a decision at the
work session that it was the general consensus of the Commission that this was a fine piece
of work.
COMMISSIONERS PIERCE/SIEGFRIED MOVED TO FORWARD A
RECOMMENDATION TO THE CITY COUNCIL TO ADOPT THE FINAL REPORT.
THE MOTION CARRIED 6-0 WITH COMMISSIONER ASFOUR ABSENT.
Community Development Director Curtis informed the Commission that the November 27
meeting has been rescheduled to Tuesday, November 26 due to the Thanksgiving holiday
and that the land use visit would be held on Monday. November 2~.
CO~i~IISSION ITEMS
Chairwoman Kaplan asked if one of the Planning Commissioners would be willing to attend
the Regional Open Space meeting to be held on October 30, 1996 at 7:00 p.m. in Los Altos.
Commissioner Siegfried agreed to attend the meeting.
Chairwoman Kaplan stated that she received a phone call requesting assistance with the
health hazard associated with the abandoned home and swimming pool located at Juniper
and Loveland Court. She requested that staff im~estigate this health hazard.
Chairwoman Kaplan recommended that the Commission view the antennae at Quito and
Highway 85 as she felt that it was well done and that it proves that antennas can be installed
with very minimal impacts.
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PLANNING COMMISSION MINUTES
OCTOBER 9, 1996
PAGE - 8 -
CO~ZitiL'NICATIO\S
~i'ritten
1. City Council Minutes dated 9/10 & 9/18/96
2. Public notices for 10/23/96 meeting.
Oral
City Council
ADJOURI\'l~ZENT -There being no further business, the meeting adjourned at 8:17 p.m.
to 5:00 p.m., Wednesday, October 23, 1996. EOC Conference Room. 13777 Fruitvale
Avenue, Saratoga, CA
Respectfully Submitted,
Irma Torrez
Minutes Clerk
IT`..PC 100996. SAR