HomeMy WebLinkAbout03-25-2009 Planning Commission Packet
CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, March 25, 2009 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners Mary-Lynne Bernald, Joyce Hlava, Rishi Kumar, Robert Kundtz, Linda Rodgers, Yan Zhao and Chair
Manny Cappello
PLEDGE OF ALLEGIANCE
MINUTES
Minutes from the Regular Planning Commission Meeting of March 11, 2009
ORAL COMMUNICATION
Any member of the Public will be allowed to address the Planning Commission for up to three 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.
ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 19, 2009
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, pursuant to Municipal Code 15-90.050 (b).
CONSENT CALENDAR
PUBLIC HEARINGS
All interested persons may appear and be heard at the above time and place. Applicants/Appellants 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. Applicant/Appellants and their representatives have a
total of five minutes maximum for closing statements.
1. APPLICATION CUP09-0001 (517-14-008) Adams, 15401 Bohlman Road - The applicant requests
approval of a Conditional Use Permit for the installation of a generator to provide an emergency backup
power supply for an existing single-family residence. The generator is to be located on a pad
approximately 25 feet below the residence and near the southwest access road. The generator would be
surrounded on two sides by a three-foot redwood fence and green vines, which would screen the generator
from view and provide a visual barrier. The lot is approximately 1.2 acres in size and is located in the HR
zoning district. Conditional Use Permit approval by the Planning Commission is required pursuant to
Saratoga Municipal Code Section 15-80.030(k). (Rina Shah)
2. APPLICATION MOD 09-0006 (510-26-001) Byrd, 19930 Sunset Drive - The applicant requests Design
Review approval to modify pre-approved plans to construct a new two-story single-family dwelling with a
total floor area of approximately 6,302 square-feet. The height of the proposed home is less than 26 feet.
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The proposed modifications include landscaping, exterior windows, outdoor lighting, and minor
architectural elements. The lot is 86,249 square feet and the site is zoned HR. (Eric Lentz)
3. APPLICATION PDR09-0001 (378-25-009) Brent Fairbanks and Christy Rohrig, 11970 Wallbrook
Drive - - The applicant requests Design Review approval to construct a new 26 foot tall single-story
single-family dwelling and basement with a total floor area of approximately 3,590 square-feet. The
applicant will remove one (1) protected tree and replace it with a new tree, equivalent in value. The gross
lot size is 27,751 square feet and the site is zoned R-1-15,000. (Cynthia McCormick)
4. APPLICATION PDR08-0014 (517-18-026) Murabito, 15253 Montalvo Road - - The applicant
proposes a second-story addition to an existing single-story home for a total floor area of approximately
5,841 square-feet. The owners are proposing a 30’ roof which exceeds the 26-foot height limitation and
thus requires findings for a conditional use permit. The gross lot size is 38,146 square feet and the site is
zoned R-1-40,000. (Cynthia McCormick)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, April 8, 2009 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this
meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR
35.102-35.104 ADA Title II).
Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the
foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on March 19,
2009 at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us
If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, March 11, 2009
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Cappello called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Bernald, Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
Absent: None
Staff: Director John Livingstone, Senior Planner Chris Riordan, Assistant Planner
Cynthia McCormick and City Attorney Jonathan Wittwer
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of February 25, 2009.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner
Bernald, the Planning Commission minutes of the regular meeting of
February 25, 2009, were adopted as submitted. (6-0-1; Commissioner
Rodgers was absent for this vote)
ORAL COMMUNICATION
There were no Oral Communication Items.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on March 5, 2009.
REPORT OF APPEAL RIGHTS
Chair Cappello announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of
the decision, pursuant to Municipal Code 15-90.050(b).
CONSENT CALENDAR
There were no Consent Calendar items.
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Saratoga Planning Commission Minutes of March 11, 2009 Page 2
***
PUBLIC HEARING - ITEM NO. 1
APPLICATION #CUP09-0002 (397-06-075) Hills, 18588 Woodbank Road: The applicant
requests Conditional Use Permit approval to locate a 316 square foot accessory structure
within a required rear yard setback. The applicant is also requesting Variation from Standards
to exceed the maximum 17,192 (35%) square foot lot coverage by 1,176 (2.4%) square feet
and for the building to exceed the eight-foot maximum allowable height by one foot. The
gross lot size is approximately 49,122 square feet and the site is zoned R-1-40,000. (Chris
Riordan)
Mr. Chris Riordan, Senior Planner, presented the staff report as follows:
• Advised that this project was reviewed by the Planning Commission in February and
continued to tonight’s meeting.
• Reminded that the applicant is seeking Conditional Use Permit approval to allow a cabana
to be located within a required rear yard setback and Variation from Standards to exceed
the maximum building height and 35 percent maximum lot coverage standard of the R-1-
40,000 zone.
• Said that in February, the Planning Commission recommended that the applicant increase
the rear setback to 9 feet, a distance by which a Variation from Standards for height would
no longer be necessary.
• Stated that the Planning Commission also recommended that the impervious site coverage
also be reduced to no more than 35 percent.
• Reported that the project applicant has redesigned the cabana with a 9-foot setback so a
Variation from Standards is no longer required.
• Added that the applicant is still asking for a Variation from Standards as far as site
coverage but staff does not support that request because there are areas of the site where
existing impervious area could be removed.
• Recommended that the Planning Commission find this project to be Categorically Exempt
from CEQA and approve a Use Permit with conditions. Staff also recommends that the
Commission approve the Design Review to allow the cabana within a required rear yard
setback with the condition of approval that the excess impervious area is to be removed so
the overall site coverage would not exceed 35 percent.
• Provided a couple of corrections to the draft resolution. The CEQA section on the first
page was modified.
• Said that in the staff report the discussion of site coverage has an incorrect amount of
gravel being removed. The applicant must remove 1,711 square feet of gravel and not the
846 square feet indicated in the narrative of the report. The table that appears on page 3 is
accurate.
Director John Livingstone advised for the record that Commissioner Rodgers has arrived.
Chair Cappello opened the public hearing for Agenda Item No. 1.
Mr. Ron Hills, Applicant and Property Owner:
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Saratoga Planning Commission Minutes of March 11, 2009 Page 3
• Expressed his appreciation for the time and effort spent by the Commission and for the
option to return tonight.
• Explained that he was able to redesign the cabana and will move the whole wall forward
so it is 9 feet back from the rear property line.
• Advised that he is willing to accept the staff recommendation on site coverage although he
would like to keep the turf if at all possible.
• Distributed some site photographs.
Commissioner Kumar asked Mr. Ron Hills if he has any written documentation that describes
the permeability of his turf product.
Mr. Ron Hills said he has nothing in writing to share this evening. He advised that this turf
must percolate or standing water will ruin it.
Commissioner Kumar said that he went on the manufacturer’s website to do some research
and found nothing explicitly pointed out as far as the percolation and/or the perviousness of
this product.
Mr. Ron Hills said that this was the best turf product available. It does have drain holes every
three inches in it.
Commissioner Kumar asked what this turf product sits on.
Mr. Ron Hills said that it is placed on a rock base. It must percolate.
Commissioner Kumar said that he was unable to find that information on their website.
Commissioner Rodgers said that she also spent some time on their website. She asked if the
product is glued down.
Mr. Ron Hills said that it is not glued down but rather is nailed down with spiked nails. The turf
comes in 15-foot wide rolls. Where they placed the turf on the cement by the pool, the edges
were glued down there.
Commissioner Rodgers asked Mr. Ron Hills if he is willing to accept staff’s recommendation to
meet the 35 percent lot coverage standard.
Mr. Ron Hills said yes, if that is what the Commission prefers.
Commissioner Rodgers asked Mr. Ron Hills if he considers this turf to be pervious.
Mr. Ron Hills replied yes.
Commissioner Rodgers said that staff does not.
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Saratoga Planning Commission Minutes of March 11, 2009 Page 4
Planner Chris Riordan clarified that in the Code, artificial turf is considered impervious, as is
gravel, which does actually percolate. They are considered to be alternatives to a natural
landscape.
Commissioner Rodgers asked Mr. Ron Hill if he is willing to accept that this turf is impervious.
Mr. Ron Hills replied yes. He added that his priority is to get the cabana fixed.
Planner Chris Riordan reminded that the applicant has conceded this point and is willing to
remove it as necessary to reach the coverage standard.
Chair Cappello closed the public hearing for Agenda Item No. 1.
Commissioner Hlava:
• Said that she is willing to make the findings on the setback and height but needs to see the
lot coverage standard of 35 percent met.
• Added that there is an area planted with real lawn and questioned why the area currently
covered with this artificial turf could not be planted with real grass.
Commissioner Rodgers said that she agreed with the need to meet the 35 percent lot
coverage standard.
Commissioner Bernald said that upon reviewing the Residential Design Handbook today,
which requires the use of landscape that blends with structures, she could not make the
findings to support this request.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Zhao,
the Planning Commission granted Conditional Use Permit approval
(Application #CUP09-0002) to locate a 316 square foot accessory structure
within a required rear yard setback per the staff recommendation on
property located at 18588 Woodbank Road, as conditioned, by the
following roll call vote:
AYES: Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
NOES: Bernald
ABSENT: None
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 2
APPLICATION #PDR08-0036 (393-39-020) Mohazzab, 13581 Saratoga Vista Avenue: The
applicant requests Design Review approval to demolish an existing home and construct a new
two-story single-family dwelling with a total floor area of approximately 3,701 square feet. The
height of the proposed home is less than 26 feet. The applicant will remove 11 existing trees
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Saratoga Planning Commission Minutes of March 11, 2009 Page 5
and replace them with new trees, equivalent in value. The lot is 12,764 square feet and the
site is zoned R-1-10,000. (Cynthia McCormick)
Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows:
• Advised that the applicant has asked for a continuance.
• Asked if she should still provide her staff report.
Director John Livingstone:
• Explained that the applicant filed for a continuance as 11 of his neighbors have filed a
protest against this project.
• Suggested that the public hearing be opened but cautioned that any speakers who speak
tonight could not speak again at the next meeting.
• Suggested that any speakers wait until the hearing actually takes place.
• Said that the continuance would be to a date uncertain. A complete renoticing of
neighbors would occur when this project is ready.
Commissioner Hlava asked if a study session might not be in order here.
Director John Livingstone agreed that a study session was an option. He suggested letting
staff work with the applicant first to see if one is required.
City Attorney Jonathan Wittwer clarified that under the Brown Act speakers who speak this
evening could not be prevented from speaking at the next meeting on any new aspects of the
project.
Chair Cappello opened the public hearing for Agenda Item No. 2.
Commissioner Rodgers asked staff to be sure to have an amended arborist report and/or to
have the arborist present at either the study session or next public hearing.
Chair Cappello suggested that staff see if they can resolve the neighbors’ concerns about this
project. If so, a study session might not be necessary.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner
Rodgers, the Planning Commission CONTINUED TO A DATE UNCERTAIN
consideration of a Design Review Approval (Application #PDR08-0036) to
demolish an existing home and construct a new two-story residence on
property located at 13581 Saratoga Vista Avenue, by the following roll call
vote:
AYES: Bernald, Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 3
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Saratoga Planning Commission Minutes of March 11, 2009 Page 6
APPLICATION ZOA09-0001 (City Wide) Village Parking Extension: The proposed zoning
ordinance amendment would 1) extend the waiver of off-street parking requirements in the
CH1 and CH2 Zoning Districts; 2) make various clarifying amendments to the Off-Street
Parking and Loading Facilities Zoning Regulations; and 3) amend Article 15-90 to conform
provisions concerning appeals of Planning Commission decisions with recent amendments to
Section 2-05.030 concerning appeals to the City Council. (Cynthia McCormick)
Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows:
• Reported that on January 7, 2009, Council directed staff to amend the City Code to extend
the Village off-street parking requirement waiver for another three years or until the surplus
parking capacity has been depleted.
• Said that the proposed amendments and appeals process would extend this Ordinance
until February 2012. Amendments include minor clarifying grammatical corrections,
provide an alternate FAR example and conforms the appeals process to Council’s appeals
process.
• Explained that the proposed changes are indicated in the staff report with text to be added
underlined and text to be deleted shown in strikeout.
• Said that an Initial Study and Mitigated Negative Declaration were prepared for these
amendments and were available to the public for comment beginning on February 4, 2009.
The comment period ending on March 5th. No comments have been received as of today.
• Recommended that the Planning Commission approve the Negative Declaration and
recommend the update to the Parking and Loading Facilities Zoning Regulations and
appeal procedures to the City Council.
Commissioner Bernald questioned the language on Item 13 (top of page 4). She read, “If, in
the application of this subsection, a fractional number is obtained, one compact parking space
may be provided for a fraction of more than one-half and one standard space shall be
provided for a fraction of one-half or less.” She said that it seems like this should read in the
reverse.
Planner Cynthia McCormick said that she had thought the same thing when she first read that
section. It deals with compact spaces and it is correct. She added that the City Attorney did
review this.
Chair Cappello opened the public hearing for Agenda Item No. 3.
Chair Cappello closed the public hearing for Agenda Item No. 3.
Chair Cappello asked if there is a table that depicts the spaces that have already been
utilized. How much of the surplus is used?
Planner Cynthia McCormick said that she did not remember the exact number but believes it
is right around 20,000 square feet of space. She then pointed to the previous staff report
attached to the current report, which has this data. Of the 10 projects eligible, five have been
built, one is in plan check and four are still outstanding.
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Saratoga Planning Commission Minutes of March 11, 2009 Page 7
Commissioner Rodgers said that these provisions are needed even more now than when this
was originally adopted.
Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner
Bernald, the Planning Commission recommended approval of the
Mitigated Negative Declaration and amendments to the Zoning Ordinance
(Application ZOA09-001) extending the waiver of off-street parking
requirements in the CH1 and CH2 Zoning Districts, amending the Off-
Street Parking and Loading Facilities Zoning Regulations and amending
Article 15-90 regarding appeals of Planning Commission actions to the
City Council, by the following roll call vote:
AYES: Bernald, Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
DIRECTOR’S ITEMS
Director John Livingstone reminded the Commission of the final look at the Housing Element
at a study session to be held on March 31st at 6 p.m. in the Arts & Crafts Room.
Commissioner Rodgers suggested the use of speaker cards to allow interested parties to
address specific issues of the Housing Element. It was difficult to find the right opportunity to
speak at the last session.
Director John Livingstone said he could make this request for speaker cards to the Mayor.
Commissioner Hlava said that they should be able to just raise their hand. She agreed that
the opportunity to speak is important. The Mayor needs to be more aware that the
Commissioners felt shut out of that last meeting. That meeting was both hurried and rushed.
It was too big a topic for the time available. She said that she would personally contact the
Mayor.
Commissioner Bernald agreed that conducting this study session in a more orderly fashion
would be helpful.
COMMISSION ITEMS
There were no Commission Items.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
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Saratoga Planning Commission Minutes of March 11, 2009 Page 8
Upon motion of Commissioner Bernald, seconded by Commissioner Hlava, Chair Cappello
adjourned the meeting at approximately 7:38 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk
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