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Home My WebLink About08-28-13 Planning Commission Action Minutes ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, August 28, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Almalech, Grover, Hlava, Smullen, Walia & Zhao ABSENT Bernald APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of August 14, 2013 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 VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht - The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on the site. The applicant is also requesting approval of Design Review modifications that have been constructed but were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235 Action: Continued the public hearing to September 11, 2013. (6:0) 2. Application PDR13-0007 & VAR 13-0002; 14656 Sixth Street (517-08-003); Tom Tang / Farnaz Khadvi; The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,138 square foot two-story home. The applicant is also requesting a variance for reduced front and side yard setbacks. Staff Contact: Cynthia McCormick (408) 868-1230 Action: Continued the public hearing to September 25, 2013. (6:0) 3. Application ZOA13-0006; City Wide - Annual Update to Chapter 15 (Zoning) of the City Code. Staff Contact: Christopher Riordan 408-868-1235 Action: Approved with modifications to the resolution recommending that the City Council adopt an ordinance which includes various amendments to Chapter 15 (Zoning) of the Saratoga City Code. (6:0) Added the word “medical waste” to the Professional Office Definition Professional office means a use providing professional or consulting services including therapists and healing arts professionals and other similar service providers that do not create significant odors, noise, or medical waste. Reworded the definition of “Subterranean Structure” 15-06.685 Subterranean Structure “Subterranean Structure” includes a cellar, bunker, or other structure that (a) is not located beneath the building footprint of a structure; (b) does not encroach into setback areas; and (c) is located wholly underground except for required ingress/egress, lighting and ventilation. Subterranean Structures are to be included in the calculation of impervious area. Replaced the deleted text limiting temporary event signs to a size not exceeding ten feet in height and sixty feet in area (d) Temporary special event signs, included with as approved under a special event permit issued per City Code Article 10-10. There shall be no more than eight temporary signs per event and nNo individual sign shall exceed ten feet in height and sixty square feet in area. Removed the word “fireplaces” from the limitations on the number of fireplaces allowed per lot when referring to gas-fired fireplaces 15-48.030 - Limitations. a) Only one wood-burning fireplaces per structure (e.g., main residence, guest house) lot or per multi- family dwelling unit (in multiple-family projects) may be installed in any new construction. All fireplaces in excess of one installed in new construction shall be gas-fired fireplaces(natural or propane) with dedicated gas jets, direct venting, convection chambers, heat exchanger, variable heat output and flame control, and permanently affixed artificial logs. Excluded are existing fireplaces, regardless of how many exist. (b) It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions when burned in a wood-burning fireplace. Add the word “height” to the limits on reconstructed structures destroyed by natural disasters 15-65.070 Reconstruction following involuntary damage to or destruction of nonconforming structure. (a) Reconstruction to previous configuration. A nonconforming structure which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event not exceeding seventy-five percent of the construction cost thereof may be reconstructed up to its previous configuration (as to both horizontal and vertical building envelope) so long as such reconstruction provided that the reconstruction does not exceed the structure's predamaged height, first and second story footprint, and does not restore, create or result in a health and/or safety hazard. If the damaged or destroyed structure qualifies as a heritage resource as defined in Chapter 13, it may be reconstructed, in compliance with Chapter 13 and this subsection, in a manner that reproduces the design of the predamaged structure to the maximum extent feasible, even if damaged or destroyed up to one hundred percent of the construction cost thereof. NEW BUSINESS Report on Senate Bill No. 1 - Sustainable Communities Investment Authority Action: Received report DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. 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 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 August 22, 2013 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