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HomeMy WebLinkAbout02-14-18 Planning Commission Agenda Packet SARATOGA PLANNING COMMISSION REGULAR MEETING FEBRUARY 14, 2018 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of January 10, 2018. Recommended Action: Approve Minutes of January 10, 2018 meeting. 011018 Minutes 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. This 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. REPORT ON 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. 1. NEW BUSINESS 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Application FER17-0003; 14345 Maclay Court (397-03-033); Gaines The applicant is requesting a Fence Exception for an 11’-6” tall wall, referred to as a solid fence in the City Code, built in association with a recently constructed new single- Saratoga Planning Commission Agenda – Page 1 of 2 family residence. The wall, which is a horizontal extension of the front elevation of the structure, projects into the left side setback area by 9’-10”. The City Code limits solid fences, or walls to a height not exceeding six feet. No trees are proposed for removal. The net lot area is 40,040 square feet and the site is zoned R-1-40,000. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 18-001 denying the request for additional height as staff is unable to make all the findings to grant a fence exception. Staff Report - 14345 Maclay Court FER17-0003 Attachment 1 - Resolution for denial Attachment 2 - Site Photographs Attachment 3 - Project Notice Attachment 4 - Project Plans DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA I, Janet Costa, Administrative Assistant 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 February 8, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 8th day of F 2018 at Saratoga, California. Janet Costa, Administrative Assistant In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 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] 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 Saratoga Planning Commission Agenda – Page 2 of 2 Saratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES JANUARY 10, 2018 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Tina Walia, Vice Chair Wendy Chang, Commissioners Sunil Ahuja, Joyce Hlava, Len Almalech, Razi Mohiuddin ABSENT: Kookie Fitzsimmons (excused) ALSO PRESENT: Sung Kwon, Sr. Planner Kate Bear, Sr. Arborist APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of November 8, 2017. Recommended Action: Approve Minutes of November 8, 2017 meeting. HLAVA/MOHIUDDIN MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF NOVEMBER 8, 2017. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, CHANG, MOHIUDDIN. NOES: NONE. ABSENT: FITZSIMMONS (excused). ABSTAIN: ALMALECH. 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. This 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. REPORT ON 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. 1. NEW BUSINESS 2. PUBLIC HEARING 3 Saratoga Planning Commission Agenda – Page 2 of 2 Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Application APTR17-0004, TRP17-0309; 13662 Old Tree Way (393-37-002); Soon Poh (owner)/Brian and Jane Davis (appellants) – The appellants request denial of an administrative determination to approve an application (TRP17-0309) to remove one English oak tree at 13662 Old Tree Way. Staff Contact: Kate Bear (408) 868-1276 or kbear@saratoga.ca.us. Recommended Action: Adopt the attached resolution denying the appeal. HLAVA/ALMALECH MOVED TO DENY THE APPEAL AND APPROVE TREE REMOVAL PERMIT APPLICATION, NOTING FINDINGS 1, 2, & 6 CRITERIA HAVE BEEN MET. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, CHANG, ALMALECH, MOHIUDDIN. NOES: NONE. ABSENT: FITZSIMMONS (excused). ABSTAIN: NONE. DIRECTOR ITEMS Sung noted City Council approval of contracts for General Plan Update, and upcoming Study Sessions. Also noted cancellation of January 24th Planning Commission meeting. COMMISSION ITEMS None ADJOURNMENT Meeting adjourned at 8:18 PM in honor of first woman mayor of Saratoga, Linda Callan, who recently passed away. Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 4 REPORT TO THE PLANNING COMMISSION Meeting Date: February 14, 2018 Application: Fence Exception / FER17-0003 Location/APN: 14345 Maclay Court / 397-03-033 Owner / Applicant: Shannon Gaines Staff Planner: Christopher Riordan, Senior Planner 14345 MACLAY COURT SITE 5 Summary PROJECT DESCRIPTION: The applicant is requesting a Fence Exception for an 11’-6” tall wall, referred to as a solid fence in the City Code, built in association with a recently constructed new single-family residence. The wall, which is a horizontal extension of the front elevation of the structure, projects into the left side setback area by approximately 9’-10”. The City Code limits solid fences, or walls to a height not exceeding six feet. No trees are proposed for removal. The net lot area is 40,040 square feet and the site is zoned R-1-40,000. STAFF RECOMMENDATION: Adopt Resolution No. 18-001 denying the request for additional height as staff is unable to make all the findings to grant a fence exception. Fence Exception review by the Planning Commission is required pursuant to City Code Section 15-29.090 [Fence Exceptions]. PROJECT DATA: Gross/Net Site Area: 40,040 square feet General Plan Designation: RVLD (Very Low Density Residential) Zoning: R-1-40,000 PROJECT DESCRIPTION: The project site is located at 14345 Maclay Court. Surrounding uses include single-family residential structures on all sides. The left side property line is adjacent to an access corridor of two flag lots located to the rear of the subject site. In December 2015 the applicant received Administrative Design Review approval to construct a new one story, 13 feet tall, contemporary designed single-family home. Exterior materials include smooth painted stucco, glass, and wood. Construction of the residence is nearing completion. An architectural feature of the front façade of the residence is an 11’-6” tall continuous stucco wall which is 12” wide that projects approximately 9’-10” beyond the edge of the building into the side yard setback area along the eastern property line. The required side yard setback is 20 feet. Photographs of the wall are included as Attachment #2. The wall is attached to the residence and considered to be a solid fence per Section 15-06.261 of the City Code. The definition of a fence is that it is a structural device forming a physical barrier which can be made of materials including masonry. Fences may be located within side setback areas. However, solid fences or walls are limited to a height of six feet. As constructed the wall is 11’-6” in height and exceeds the maximum allowable height for solid fences by 5’-6”. The applicant is requesting approval of fence exception for the wall to exceed the maximum height allowed for solid fences. Arborist Review: A protected olive tree is located in the vicinity of the wall. This tree was reviewed by the City Arborist prior to the project being approved and was protected during construction of the project. 6 3 | P a g e Neighbor Notification: The applicant didn’t submit neighbor notification forms signed by adjacent neighbors. The public hearing notice was mailed to property owners within 500 feet of the subject property. A copy is of the notice is included as Attachment #3. FINDINGS: The five findings required for issuance of a Fence Exception pursuant to City Code Section 15-29.090 are set forth below. The applicant has not met the burden of proof to support all of the required findings as follows: Finding #1: The subject fence will be compatible with other similar structures in the neighborhood. The proposed solid fence would not be compatible with other similar structure in the neighborhood in that there are no other fences in the adjacent area which are similar in height and appearance or location and placement. The predominant pattern in the neighborhood, including sites on Maclay Court and Ten Oaks Road, is sites without front fences. An exception is the site across the street at 14332 Maclay Court which has a front yard masonry solid fence extending across its entire frontage. This fence has an average height of five feet with pilasters that have an average height of six and a half feet. This fence includes a nine foot tall wrought iron entrance gate flanked on opposite sides by eight foot tall posts which support the gate. This finding cannot be made in the affirmative in that with the exception of the site across the street, which has an existing fence with an average height of five feet, the fence on the subject site is 11’-6” which is not compatible with other fences in the neighborhood. This finding cannot be made in the affirmative. Finding #2: The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable. The solid fence is constructed of cement with a white colored smooth stucco finish. All of the materials are durable, are of high quality and would be able to weather the outdoor environment. This finding can be made in the affirmative. Finding #3: The modification will not impair the integrity and character of the neighborhood in which the fence is located. The solid fence incorporates materials and an architectural design consistent with the main residence. In addition, the fence is setback 50 feet from the street. Over time the landscaping near the fence will increase in height to soften its appearance. However, an important justification in reviewing requests for fence exceptions is compatibility with similar structures, such as fences, in the neighborhood. Approving this fence exception could create precedence whereby fences in the neighborhood could progressively increase in height thereby impairing the integrity and character of the neighborhood. This finding cannot be made in the affirmative. Finding #4: The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located. The fence is setback 50 feet from the street and because it is located within a side setback area it will not block views from adjacent sites or site distances from the street or driveways. The fence was inspected by the building department during construction of the residence to ensure that its construction would not be detrimental or injurious to the p roperty or adjacent neighbors. This finding can be made in the affirmative. 7 4 | P a g e Finding #5: The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. As previously stated, the proposed fence would provide the required sight distances for the driveway. The proposed fence would not interfere with visibility for pedestrian, bicyclist and vehicular traffic within the area. This finding can be made in the affirmative. ENVIRONMENTAL DETERMINATION: The proposed Fence Exception Request is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures. This exemption allows for the construction and location of limited numbers of new, small facilities or structures and no exception to that exemption applies. STAFF RECOMMENDATION Staff recommends the Planning Commission not approve the application for a fence exception by adopting the attached Resolution as all the required findings cannot me made to grant the exception. To bring the subject wall into conformance with City Codes, the applicant may consider the following design options: 1. Reduce the height of the wall within the setback from 11’6” to 6’, or 2. Remove the portion of the wall encroaching within the setback. ATTACHMENTS: 1. Resolution of Denial 2. Site Photographs 3. Mailed Notice 4. Reduced Plans, Exhibit "A". 8 RESOLUTION NO. 18-001 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DENYING AN APPLICATION FOR A FENCE EXCEPTION FOR A PROPERTY LOCATED AT 14345 MACLAY COURT WHEREAS, an application was submitted to the City of Saratoga by Shannon Gaines for Fence Exception approval for an 11’-6” tall solid fence located within a side yard setback area. A Fence Exception is requested for the solid fence to exceed the maximum height of six feet allowed for such fences. The site has a net lot size area of 40,040 square feet and is zoned R-1-40,000. The foregoing are collectively described as the “Project” in this Resolution; and WHEREAS, on February 14, 2018, the Planning Commission held a duly noticed public hearing, provided all interested parties a full opportunity to be heard and to present evidence and argument, and considered all evidence presented by City Staff, the applicant, 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: After careful consideration of the architectural drawings and other exhibits and evidence submitted in connection with this matter, the findings for denial of a Fence Exception application set forth below are hereby made, Application No. FER17-0003 for Fence Exception approval was voted on and is hereby denied by the Planning Commission. Section 3: The Planning Commission finds that the Project is inconsistent with the Fence Exception findings in that 1) the proposed solid fence is not compatible with other similar structures in the neighborhood and 2) the fence has the potential to impair the integrity and character of the neighborhood. Section 4: Per City Code Section 15-29.010(1), all solid fences are to comply with the fence regulations unless the Planning Commission grants a fence exception from the fence regulations pursuant to City Code Section 15-29.090. The Planning Commission did not make all the findings to approve the fence exception for additional fence height and Application No. FER17-0003 is hereby denied. Section 5: Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of its adoption on March 1, 2018. Attachment 1 9 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of February 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission 10 14345 Maclay Court 1/30/18 Attachment #2 11 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTI CE OF PUBLI C HE ARI NG The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 14th day of February 2018, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: FER17-0003 / 14345 Maclay Court OWNER: Shannon Gaines APN: 397-03-033 The applicant is requesting approval of a fence exception for an 11’-1 1/2” tall by 9’- 9 5/8” wide solid masonry fence located within the side yard setback along the eastern property line. No protected trees are requested for removal. Section 15-29.090 of the City Code allows property owners to apply for fence exceptions. The property is zoned R-1-40,000 (Single-Family Residential). All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, February 6, 2018. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christopher Alan Riordan, AICP Senior Planner (408) 868-1235 Attachment 3 12 SITE PLAN AND FENCE ELEVATIONS A1.1 AS NOTEDSCALE : SHEET : Revisions: DATE :THESE DRAWINGS ARE THE ORIGINAL UNPUBLISHED WORKOF THE ARCHITECT AND MAY NOT BE DUPLICATED OR USEDWITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT.Curt Cline© MODERN HOUSE1/24/18FILE PATH: /Volumes/Curt/01 Projects/Gaines/GAINESpostpermit_WITHFENCESUBMITTAL.pln • LAST SAVED BY: Modern House - Natsumi • PRINTED ON 1/24/18 @ 10:08 AM***PROJECT COMPANY*** • GAINES RESIDENCE • 397-03-033 • A1.1GAINES RESIDENCE14345 MACLAY CT.SARATOGA, CAARCHITECTURE & DESIGN Curt Cline Architect 1265 Indiana Street San Francisco Ca. 94107 P. 415.800.8520 C. 415.596.7281 modernhouse@mac.com www.modernhousearchitects.com 397-03-033COMMUNITY DEVELOPMENT REVIEW20' 22.714'0.667'41.614'0.667' 46.234' 15.691' 5 0 ' - 0 " 0'-0" -2.0' -1'-3" -4.9' -4.9' -6.7' -6.7' -9.7' -9.7' -10.0' -9.8' 30'-0" FRONT YARD SETBACK20'-0" SIDE YARD SETBACK20'-0" SIDE YARD SETBACKS 0° 09' 01" E 327.77'N 89° 50' 59" E 136.78'N 0° 09' 01" W 157.77'N 54° 15' 13" E 184.47' MACLAY CT. ST.SLOPECHANGESLOPECHANGESLOPECHANGEGRADE LEVEL PLANTER 370 380 370 380 18"OAK 18"OAK 3-8"OLIVE 18"OAK 10"OAK 8"OAK 8"OAK 11"OAK 2-18"OAK 10"OAK 18"OAK 16"OAK 30"EUC. 20"EUC 8"OAK 8"OAK 8"OAK 8"OAK 10"OAK 18"OAK 9"OAK 9"OAK 10"TREE 24"OAK 12"OAK 8"ACA 18"OAK 19"OAK 12"OAK (E) 5-9"OLIVE 18"RDW 12"RDW 10'P.U.E. 8"OAK GAS & ELEC. METERS 10"OAK 12"OAK 2-6"OAK 19"OAK 14"OAK 22",18",19" OAK 30" OAK 4" B.E. 24" OAK 15" OAK T E L . P G E W M W M IRRIG CABLE SSMH SEWER PROTECTIVE FENCING, TYP. 12"OAK 2-6"OAK 24" OAK 0.771'50'-0" REAR Y A R D S ET B A C K 25.803'67.583'2 A1.1 (E) ONE-STORY SINGLE FAMILY RESIDENCE SEE 2/A1.1 FOR ENLARGED PLAN 5 6 12'-4"7'-8"16'-8"4 A1.1 5 A1.1 GAS AND ELEC. METERS ALIGN 20'-0" SIDE YARD SETBACK(N) 6'-0" FENCE LIVING 104 A B 9'-9 5/8" 65 (N) BLACK VINYL COATED WIRE MESH FENCE 6'-0" MAX11'-1 1/2"ABOVE GRADEAVERAGE GRADE 379 NOT TO SCALE 1 SITE PLAN FOR FENCE SUBMITTAL A1.1 NOT TO SCALE 3 ENLARGED PARTIAL PLAN AT FENCE A1.1 NOT TO SCALE 4 ELEVATION AT FENCE A1.1NOT TO SCALE 5 ELEVATION AT FENCE A1.1 NOT TO SCALE 2 SOUTH ELEVATION WITH PROPOSED FENCE A1.1 Attachment 4 13