Loading...
HomeMy WebLinkAbout01-14-15 Planning Commission Agenda PacketTable of Contents Agenda 3 December 10, 2014 Draft Minutes 5 Application CUP13-0002 - 19127 Cox Avenue (386-22-009) Brookside Club of Saratoga - The applicant is requesting a new use permit to replace their existing use permit, last amended in 1996. The current use permit includes conditions regarding parking space requirements and hours of operation, for example. Details of the application can be reviewed at City Hall during normal business hours. The City of Saratoga will be closed for the Holidays and staff furlough between December 24 2014 and January 4, 2015. The application can be reviewed during normal business hours beginning January 5, 2015. Staff Contact: Cynthia McCormick (408)868-1230 Att. 1 - Memo 7 Application PDR11-0003 & VAR11-0001; 21794 Heber Way (503-31-067); Eric Keng / Steve Sheng – The project is a Design Review and Variance to construct a new two-story residence with a three-car garage on a hillside lot. The height will be no taller than 26 feet from average grade. The variance is required because the applicant is proposing a 97 foot front setback (when 131 foot setback is required) and a 20 foot and 30 foot side setback (when a 45 foot side setback is required). No protected trees are being proposed for removal. This meeting is continued from the September 24, 2014 Planning Commission Meeting. Staff Contact: Michael Fossati (408) 868- 1212. Att. 1 - Memo 8 Application PDR14-0022 - FER14-0003; 0 Pierce Road (503-18- 002); Hong / Tang - The applicant is proposing a new 25 foot tall single-story 4,711 square foot home that would include a two- car garage and second dwelling unit. The project also includes a fence exception to allow an eight foot soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along Pierce Road. Planning Commission design review is required because the project consists of a new single- story residence over 18 feet in height and a wall taller than three feet within the required exterior side setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati, (408)868-1212 Att. 1 - Memo 9 Application APTR14-0002 – 21901 Mt. Eden Road (503-13- 133); Bawa – The owner of the property is appealing the partial denial of a tree removal permit application (TRP14-0378). The owner applied to remove 14 oaks on their property. Following inspection, two coast live oaks were approved for removal, and the remaining twelve oaks were denied based on an inspection by the City Arborist and the determination that they did not meet the criteria requiring their removal. Staff contact: Kate Bear (408) 868-1276. Staff Report 10 Att. 1 - Resolution 13 1 Att. 2 - Tree Permit Application 14 Att. 3 - Appeal Application 16 Att. 4 - Letter from Rafik Bawa 17 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, January 14, 2015 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of December 10, 2014 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application CUP13-0002 - 19127 Cox Avenue (386-22-009) Brookside Club of Saratoga - The applicant is requesting a new use permit to replace their existing use permit, last amended in 1996. The current use permit includes conditions regarding parking space requirements and hours of operation, for example. Details of the application can be reviewed at City Hall during normal business hours. The City of Saratoga will be closed for the Holidays and staff furlough between December 24 2014 and January 4, 2015. The application can be reviewed during normal business hours beginning January 5, 2015. Staff Contact: Cynthia McCormick (408)868-1230 Recommended action: Cancel the January 14, 2015 Public Hearing for this project. 2. Application PDR11-0003 & VAR11-0001; 21794 Heber Way (503-31-067); Eric Keng / Steve Sheng – The project is a Design Review and Variance to construct a new two-story residence with a three-car garage on a hillside lot. The height will be no taller than 26 feet from average grade. The variance is required because the applicant is proposing a 97 foot front setback (when 131 foot setback is required) and a 20 foot and 30 foot side setback (when a 45 foot side setback is required). No protected trees are being proposed for removal. This meeting is continued from the September 24, 2014 Planning Commission Meeting. Staff Contact: Michael Fossati (408) 868-1212. PDF created with pdfFactory Pro trial version www.pdffactory.com3 Recommended action: Move to continue the hearing to a date uncertain. 3. Application PDR14-0022 - FER14-0003; 0 Pierce Road (503-18-002); Hong / Tang - The applicant is proposing a new 25 foot tall single-story 4,711 square foot home that would include a two-car garage and second dwelling unit. The project also includes a fence exception to allow an eight foot soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along Pierce Road. Planning Commission design review is required because the project consists of a new single-story residence over 18 feet in height and a wall taller than three feet within the required exterior side setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati, (408)868-1212 Recommended action: Move to continue the hearing to February 11, 2015. 4. Application APTR14-0002 – 21901 Mt. Eden Road (503-13-133); Bawa – The owner of the property is appealing the partial denial of a tree removal permit application (TRP14-0378). The owner applied to remove 14 oaks on their property. Following inspection, two coast live oaks were approved for removal, and the remaining twelve oaks were denied based on an inspection by the City Arborist and the determination that they did not meet the criteria requiring their removal. Staff contact: Kate Bear (408) 868-1276. Recommended action: Adopt Resolution No. 15-0002 denying the appeal and removal of twelve (12) oaks. PLANNING STAFF/COMMISSION COMMUNICATION ADJOURNMENT CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on January 8, 2015 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us PDF created with pdfFactory Pro trial version www.pdffactory.com4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, December 10, 2014 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Leonard Almalech, Wendy Chang, Kookie Fitzsimmons, Dede Smullen, Tina Walia, Acting Chair Pragati Grover ABSENT None ALSO PRESENT Cynthia McCormick, Planner Christopher Riordan, Senior Planner Curtis Williams, Acting Community Development Director COMMUNICATIONS FROM COMMISSION & PUBLIC None APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of November 12, 2014. Action: WALIA/ALMALECH MOVED TO APPROVE THE NOVEMBER 12, 2014 MINUTES. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. NEW BUSINESS 1. Application ELN14-0007; 12481 Brookglen Drive / 386-07-061; Dalbec / Sahara - The applicant requests Planning Commission approval to remodel and add floor area to an existing 2,752 square foot, one story, single-family home which encroaches into the rear setback area by approximately nine and one-half inches. The project would include a 527 square foot one story addition which would conform to all setbacks. The proposed work will result in expenditure of approximately 32% of the estimated construction cost of the existing structure, which requires approval by the Planning Commission. Staff Contact: Cynthia McCormick (408) 868- 1230. Action: FITZSIMMONS/SMULLEN MOVED TO ADOPT RESOLUTION NO. 14-055 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 5 1. Application SUB14-0003; 18781 Allendale Avenue (389-27-042); Raymond Babaoghli- The applicant is requesting Tentative Parcel Map approval to subdivide an approximately 1.01-acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. The proposed parcel size for Lot 1 is approximately 0.39 acre (17,237 square feet) and Lot 2 would be approximately 0.62 acre (26,925 square feet). The subject site is zoned R-1-12,500. Staff Contact: Christopher Riordan and Susie Pineda (408) 868- 1235. Action: ALMALECH/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 14-056 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 2. Application ADR14-0007 / VAR14-0002; 14100 Alta Vista Avenue / 397-28-070; Ezekiel / Blu Homes; The applicant is proposing a new 17 foot-9 inch tall single-story 2,194 square foot home above an 845 square foot basement tandem garage and 1,196 square foot basement storage area. The project also includes a variance for a 14.5 foot front yard setback. Five protected trees will be impacted by the project. The City Arborist has approved the removal of three trees; however, the applicant proposes to keep all five trees and protect them during construction. Staff Contact: Cynthia McCormick (408) 868-1230. Action: ALMALECH/WALIA MOVED TO ADOPT RESOLUTION NO. 14-054 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL MOTIONPASSED. AYES: ALMALECH, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. RECUSED: CHANG 3. Application CUP 14-0008; 12230 Saratoga-Sunnyvale Rd / 386-30-039; Time-Space Investment Development LLC - The Planning Commission has requested modifications to the applicant's conditional use permit, pursuant to City Code Section 15-55.100. The Commission may modify conditions or impose new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. Staff Contact: Cynthia McCormick (408) 868-1230. Action: ALMALECH/WALIA MOVED TO CONTINUE THIS ITEM TO THE MARCH 11, 2015 MEETING. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE ADJOURNMENT ALMALECH/WALIA MOVED TO ADJOURN AT 10:58 PM. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 6 MEMORANDUM TO THE PLANNING COMMISSION Meeting Date: January 14, 2015 Application: CUP13-0002 Location / APN: 19127 Cox Avenue, Saratoga CA 95070 Owner/Applicant: Brookside Club of Saratoga Staff Planner: Cynthia McCormick After this item was noticed, the applicant requested it be removed from consideration at the January 14, 2015 meeting. The applicant is not requesting any changes to their existing use permit at this time. STAFF RECOMMENDATION: Cancel the January 14, 2015 Public Hearing for this project. Page 1 of 1 7 REPORT TO THE PLANNING COMMISSION Meeting Date: January 14, 2015 Application: PDR11-0003 / VAR11-0001 Location / APN: 21794 Heber Way / 503-31-067 Owner/Applicant: Eric Keng / Steve Sheng Staff Planner: Michael Fossati PROJECT DESCRIPTION: The Planning Commission held a public hearing regarding a Design Review and Variance approval to build a new 5,039 sq. ft., 25 foot tall, two-story residence within a portion of the front and side setback area on a vacant lot. The Planning Commission continued the item to the January 14, 2015 meeting. Staff has not received any new information from the applicant. Staff recommends to continue to a date uncertain. STAFF RECOMMENDATION: Move to continue the hearing to a date uncertain. Page 1 of 1 8 REPORT TO THE PLANNING COMMISSION Meeting Date: January 14, 2015 Application: PDR14-0022 / FER14-0003 Location / APN: 0 Pierce Road / 503-18-002 Owner/Applicant: Tri Hong / Nina Tang Staff Planner: Michael Fossati PROJECT DESCRIPTION: The City received an application to construct a new 25 foot tall single-story 4,711 square foot home that would include a two-car garage and attached second dwelling unit on a vacant lot located at the intersection of Saratoga-Sunnyvale Road and Pierce Road. The project also includes a fence exception to allow an eight foot soundwall in front along a portion of the exterior side setback. Nine protected trees are being proposed for removal. The applicant and staff received comments regarding the project from neighboring property owners during the noticing period. The applicant has requested to continue the meeting to February 11, 2014 in order to address those comments. STAFF RECOMMENDATION: Move to continue the hearing to February 11, 2015. Page 1 of 1 9 REPORT TO THE PLANNING COMMISSION Meeting Date: January 14, 2015 Application: APTR14-0002 Location / APN: 21901 Mt. Eden Road / 503-13-133 Owner/Appellant: Rafik Bawa Staff: Kate Bear, City Arborist 21901 Mt. Eden Road Page 1 of 3 10 SUMMARY Article 15-50.100 of the City Code states that anyone objecting to an administrative decision made pursuant to the provisions of the Tree Regulations may appeal the decision to the Planning Commission according to the procedure specified in Article 15-90. Rafik Bawa, owner of the property at 21901 Mt. Eden Road, applied for a permit to remove fourteen (14) oak trees growing in the front of his property. He was concerned that they were dangerous for his children who played under them. The City Arborist inspected the oaks and made the determination that two of the trees met the criteria for removal according to Article 15-50.080 of the City Code. A permit was issued allowing removal of one coast live oak and one valley oak. The remaining oaks appeared to be in reasonable health and structurally stable. Their removal was not deemed necessary based on the Arborist’s visual inspection from the ground. The applicant did not provide a separate arborist’s report and did not contend that the other twelve (12) trees are not healthy. The owner of the property has filed an appeal application with the Community Development Department requesting a Planning Commission determination on the twelve (12) oaks that were denied for removal. The basis for his request was the potential risk to his children from falling branches. STAFF RECOMMENDATION Adopt Resolution No. 15-0002 denying the appeal and removal of twelve (12) oaks. FINDINGS AND DETERMINATIONS Tree Removal Criteria: Pursuant to City Code Section 15-50.080 each application to remove a tree shall be reviewed and determined on the basis of the criteria listed below. The City Arborist determined that the twelve (12) oaks requested for removal and that were denied, do not meet criteria 1 –10, and that there is an alternative to their removal. The following paragraphs state how each criterion has not been met. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. This finding cannot be made because, based on a visual inspection, the oaks were found to be in fair to good health and do not appear to be in danger of falling. There are no structures under the trees and no utility services. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. This finding cannot be made because there are no structures or impervious surfaces under the trees. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. This finding cannot be made because the oaks do help prevent erosion. Application APTR14-0002/TRP14-0378; 21901 Mt. Eden Road /503-13-133 Page 2 of 3 11 (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. This finding cannot be made. Removal of the oaks will impact shade and privacy of the property. (5) The age and number of healthy trees the property is able to support according to good forestry practices. This finding cannot be made for all of the oaks. It can be made for a couple of the oaks, which grow fairly close to other oaks in this area. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. This finding cannot be made because there appear to be alternatives to removing all of the oaks. They could be pruned to remove dead branches. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. This finding cannot be made because the intent of the Tree Regulations is to preserve trees whenever possible. Removal of all of the oaks and replacement with new trees when the oaks appear to exhibit reasonable health and stability is not consistent with the Tree Regulations. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010. This finding cannot be made because trees are located on private property and do not threaten public areas. The two oaks closest to Mt. Eden Road have been approved for removal and replacement. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. This finding cannot be made because there are actions that the property owner could take, such as regular pruning and inspections, to minimize the potential for branches falling. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. This finding cannot be made, as no solar panel installation is proposed. ATTACHMENTS 1. Resolution Denying the Appeal 2. Tree Removal Permit and Denial 3. Appeal Application 4. Letter from Property Owner Application APTR14-0002/TRP14-0378; 21901 Mt. Eden Road /503-13-133 Page 3 of 3 12 Attachment 1 RESOLUTION NO: 15-0002 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DENYING APTR14-0002 LOCATED AT 21901 MT. EDEN ROAD WHEREAS, the appellant submitted a request for tree removal, TRP14-0378, to the City of Saratoga, the City Arborist inspected 14 oaks on the property at 21901 Mt. Eden Road, and made the determination that two oaks met the criteria allowing their removal and replacement. WHEREAS, an application was submitted by Rafik Baw on December 1, 2014, appealing the denial of 12 oaks requested for removal with TRP14-0378. WHEREAS, on January 14, 2015, the Planning Commission held a duly noticed public hearing on the appeal, and considered evidence presented by City Staff, the appellant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The protected oaks have not met the tree removal criteria set forth in Article 15- 50.080 of the Saratoga City Code and shall be retained and preserved. Section 3: The City of Saratoga Planning Commission hereby denies APTR14-0002 and TRP14-0378, located at 21901 Mt. Eden Road. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of January 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Pragati Grover Acting Chair, Planning Commission 13 Attachment 2 14 15 Attachment 3 16 From:Rafik Bawa To:Kate Bear Subject:Fwd: saratoga planning commission shares Date:Tuesday, December 30, 2014 10:15:34 AM Kate, below is the letter I plan to provide to the planning commission in connection with my tree removal appeal. I wanted you to have it in advance. Please let me know who I need to send this to, and I assume, before the appeal? Also, can you send me the details of the appeal (when and where to go), thanks. Rafik ***** To: Saratoga Planning Commission Re: Tree Removal Permit for 21901 Mount Eden Road, Saratoga, CA I submitted a request for a tree removal permit several weeks ago to remove approximately 14 trees on my property. The permit was denied, except with respect to 2 trees on the property. I have appealed, and I set forth my reasons herein. I purchased this property in 2010 largely with the expectation that my two young boys (now 6 and 3 years of age) could use the open field on the east side of the property to play on. Over the last four years, we have seen many large tree branches fall on the property, often during the time my children were playing. These branches have fallen in good weather and in bad, in the middle of the winter and in the summer on hot days. And, in fact, we have had many close calls with large branches falling very close to the children, just barely missing them. My wife and I are very concerned about the safety of our children when they are playing in the field. We realize that these are live oaks and valley oaks. However, we have noticed that many of these trees do not appear to be in good condition. They have large, bare branches that do not grow leaves even in the spring and summer. Perhaps this is due to the lack of sunlight they are getting (being blocked by other trees) or their general health. In any case, they are not adding much to the property, and given the large number of trees (especially oaks) on the property, we feel it would not be detrimental to the area to remove these oaks for the sake of the safety of our children. It is important to note that we may, at some point, plan to develop the area in question. However, the trees in no way impede upon any potential building plans. We have preliminary plans that are still very early stage, and we have not made any decisions yet as to whether we will move forward with them. In any case, these plans do NOT require a removal of the trees whatsoever. Our request for removal is solely related to the safety of our children, who would continue to play in this area, whether or not it is developed further. 17 We request that you allow the appeal to remove the trees in question in connection with this appeal. Please let me know if you require any further information. Thank You. Sincerely, Rafik Bawa -- Rafik Bawa 650 776 8333 18