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HomeMy WebLinkAbout05-26-2004 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, May 26, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Garakani called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Hunter, Garakani, Nagpal, Rodgers, Schallop, Uhl and Zutshi Absent: None Staff: Associate Planner John Livingstone PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of May 12, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hunter, the Planning Commission minutes of the regular meeting of May 12, 2004, were adopted as submitted with corrections to pages 8 and 9. (5-0-0-2; Commissioners Schallop and Uhl abstained) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Associate Planner John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 20, 2004. REPORT OF APPEAL RIGHTS Associate Planner John Livingstone 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. Saratoga Planning Commission Minutes of May 26, 2004 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #4-078 (397-04-003) – CAMPBELL, 14725 Sobey Road: Request Design Review Approval to build a new 650 square foot detached secondary unit with a one-car carport in approximately the same location as the previous unit. The height of the structure will not exceed 15 feet. The gross lot size is 76,040 square feet and zoned R-1-40,000. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking Design Review approval to allow a new 650 square foot detached secondary living unit with a one-car carport in the same location as a previous unit. Additionally, the applicant is seeking approval of a 15-foot height for an accessory structure. • Explained that per the Zoning Code, if a property is developed with structures that exceed 6,000 square feet, approval must be obtained through the Planning Commission. • Added that the secondary living unit itself does not require Planning Commission approval. • Described the building materials as stone siding and grey slate roof tiles and displayed the proposed color board. • Informed that the construction of the main house is in its final stages. • Stated that the original secondary unit was removed and the applicant is applying to construct a replacement unit in the same location as the previous. • Said that the applicant will receive a one time 10 percent increase in allowable square footage by recording a deed restriction that states that in the event this unit is ever rented out, it would be rented out as a BMR (below market rate) unit. • Stated that this proposal meets design guideline policies and that the unit is located 200 feet from Sobey Road with extensive existing mature screening landscaping. Only one bathroom window faces the adjacent property, which results in no privacy impacts on the adjacent neighbor. • Said that this secondary living unit would blend with the main house and hillside and meets the requirements for a secondary living unit. • Recommended approval. Commissioner Hunter asked Associate Planner John Livingstone for feedback about the letter from the Williams that claims that this proposed unit would be located too close to the creek. Associate Planner John Livingstone explained that this property and the creek that runs through it is not included on the list of protected creeks for Santa Clara County. There are no existing restrictions or easements so this location is fine. Chair Garakani opened the Public Hearing for Agenda Item No. 1. Mr. Lyle Mosher, Project Architect: • Stated that he is available for any questions. Commissioner Zutshi asked Mr. Lyle Mosher to respond to the noise complaints raised by Mr. and Mrs. Mack. Saratoga Planning Commission Minutes of May 26, 2004 Page 3 Mr. Lyle Mosher said that there was a lot of large construction equipment that was on site during the repairing of the driveway. That equipment is not gone. Commissioner Nagpal asked Mr. Lyle Mosher for his take on the creek issue. Mr. Lyle Mosher: • Explained that he had spoken with both Santa Clara Valley Water District and Fish and Game. This creek is not listed on either organization’s surveys. • Added that the issue was raised in the past when the neighbor on the other side of the creek wanted to construct something years ago where a 75 foot setback was required. However, they are on the low side of the creek while this property is on the high side. • Suggested that the issue may be related to insurance and/or flood zone. Commissioner Rodgers asked Mr. Lyle Mosher if any work proposed would result in increased threat of flooding to the north. Mr. Lyle Mosher: • Replied no. • Added that in fact work done on this property may actually reduce threats of flooding. • Explained that they will be installing a French drain system between this unit and the creek as well as a dissipater. As a result, some water may actually by-pass the neighboring property. Mr. Williams, 14622 Chester Avenue, Saratoga: • Said that flooding is an issue that has worsened since more homes were built. • Explained that his yard floods and that a neighbor experiences flooding. • Advised that he was told that the 75-foot open easement to the creek exists when he put in their secondary living unit. • Questioned why he was held to that standard while this owner is being allowed to construct with just a 25-foot setback from the creek. • Pointed out that the area where this second unit would go used to have many trees but that some have been removed. • Said that this guesthouse is located right next to their property and that they are concerned about privacy impacts. Chair Garakani said that it appears Mr. Williams’s two concerns are water and trees. He asked Mr. Williams if the plans for the French drain system is sufficient enough to alleviate concerns about flooding. Mr. Williams said that he is not sure. He added that he does not want the water levels to rise. Explained that the previous owners of his home had told him that the creek had never previously gone over its banks. Associate Planner John Livingstone told Mr. Williams that staff would like to see any information he might have about an Open Space Easement requiring a 75-foot setback. Commissioner Nagpal suggested that it is possible that the setback requirement is a part of the Gypsy Hills development and may not apply to this property. Saratoga Planning Commission Minutes of May 26, 2004 Page 4 Associate Planner John Livingstone agreed. Said that he tried to find any existing easement, including reviewing the title report. Additionally, the applicant’s team has done due diligence to ensure that such an easement does not exist. Mr. Williams advised that he obtained the information when he purchased his home but has also been unable to find anyone who takes claim to this creek. It may ultimately spill into SCVWD creeks. Commissioner Hunter asked about a landscape plan and what would be done to shield the guesthouse. Associate Planner John Livingstone replied that there is an existing line of trees. Chair Garakani asked Mr. Williams if additional landscaping would help him accept this project better. Commissioner Uhl asked Mr. Williams what sort of landscaping he would prefer. Mr. Williams replied as much green as possible to screen. Mr. Lyle Mosher: • Said that they have no problem with adding landscaping and that there is mutual benefit in doing so. Suggested medium size trees, such as the Chinese Pistache, and bushes to screen. • Assured that this project would not result in adding water to the creek. • Added that they are not allowed to permit site drainage to go into the creek. Instead it is directed toward Sobey Road to an energy dissipater. Commissioner Nagpal said that eventually water gets to the creek. Mr. Lyle Mosher said that it has to. However, they collect it and through a pipe system to bring the water down toward Sobey Road. Commissioner Rodgers asked if this system is for the main house too. Mr. Lyle Mosher replied no. He advised that there are three French drains on site. This one by the cottage is solely for that part of the property. Commissioner Hunter asked if the Oak tree would be impacted. Mr. Lyle Mosher replied no, not at all. There will be more breathing room for the Oak. Assured that they do not want to lose this tree. Commissioner Rodgers asked Mr. Lyle Mosher if the French drain system would affect this Oak tree. Mr. Lyle Moser replied no. It is further down. He explained that they want to keep the crawl space beneath the cottage as dry as possible. Chair Garakani closed the Public Hearing for Agenda Item No. 1. Commissioner Hunter: Saratoga Planning Commission Minutes of May 26, 2004 Page 5 • Said that she is fine with this project since it looks like the house and is appropriate. • Said that the creek issues are being addressed. • Suggested that the applicants keep in contact with Mr. Williams regarding screening landscaping. • Said that she had no problems with allowing the additional 10 percent in square footage in order to achieve a BMR unit. Commissioner Nagpal: • Said that although the real reason this project is before the Commission at all is because it will result in greater than 6,000 square feet in FAR, all the homes in this area are of a similar size. • Suggested that additional screening between this site and the Williams home be required. Commissioner Uhl asked that staff bring this issue back to the Commission in the event that something is learned about an easement for the creek. Commissioner Nagpal said again that she believes that the 75-foot easement requirement applies to the development across the creek. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Nagpal, the Planning Commission approved a Design Review request for a new 650 square foot detached secondary living unit with a one-car carport on property located at 14725 Sobey Road, with two additional conditions: • Place additional screening landscaping around the cottage to obscure it from the neighboring property; • If additional information on the easement issue is located, bring this project back to the Planning Commission for additional review, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #03-217 (503-15-065) – HOUSE, 13313 Old Oak Way: Request for Grading over 1,000 cubic yards to restore and re-vegetate the hillside terrain of an old quarry and approval of a 15- foot tall accessory structure to be used as a horse stable. The lot size is approximately 12 acres and zoned Hillside Residential. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking approval to exceed 1,000 cubic yards of grading to restore an old quarry and grant Design Review Approval to allow a 15-foot tall accessory structure. • Explained that the quarry is no longer in use and that substantial damage and rubbish was left behind. The applicant has begun to remove the debris and requires a grading permit to restore the property. • Added that Commission review and approval of the 15-foot tall accessory structure is also required. Saratoga Planning Commission Minutes of May 26, 2004 Page 6 • Said that the 15-foot height is needed to house horses. • Described the materials for the accessory structure as composition shingle roof and horizontal wood siding. • Added that an Arborist report was prepared and no protected trees are in jeopardy. • Said that no negative correspondence has been received. • Advised that this restoration will protect the hillside and preserve the visual area of the canyon. • Said that this proposal confirms with policies, Design Review policies and grading policies. The project is consistent with the General Plan and the Hillside Specific Plan. • Added that the applicant is available this evening. Commissioner Nagpal asked if additional soil would be brought on site from elsewhere. Associate Planner John Livingstone said that some soil would be imported. Commissioner Nagpal asked what testing requirements are required for imported soil. Associate Planner John Livingstone replied he was not sure. Commissioner Nagpal asked if a geotechnical report was prepared. Associate Planner John Livingstone replied yes. It was prepared and reviewed. Commissioner Hunter asked if she had heard correctly that the horse stable would be a prefabricated structure. Associate Planner John Livingstone replied no. This would be a custom built wood sided horse stable. Commissioner Rodgers asked if there are any wildlife trails on this property. Associate Planner John Livingstone replied no. He added that fencing allowed on a Hillside property is limited. However, for a corral, fencing is allowed. Nothing would impede any wildlife, including deer, from traversing the area. Chair Garakani opened the Public Hearing for Agenda Item No. 2. Mr. Jeffrey Berg, Project Architect: • Said that he was with the Steinberg Group. • Advised that the geotechnical report was prepared by Terra Search for this project. It was submitted, reviewed and cleared by the City’s Public Works staff. • Assured that the only pre-fabricated item is the corral not the stable. • Added that there would be no imported soil to this property. All soil used would be from within the property line. • Stated he would be available for any questions. Commissioner Zutshi asked about trails. Saratoga Planning Commission Minutes of May 26, 2004 Page 7 Associate Planner John Livingstone said that there is an existing roadway to the stable but that there are no existing horse trails in that area. Mr. Jeffrey Berg said that sometimes that road was delineated as a trail. Commissioner Rodgers asked Mr. Jeffrey Berg if they are speaking with the Trails Commission. Mr. Jeffrey Berg said that they are under negotiations. Commissioner Nagpal asked how many horses are planned for the property. Mr. Jeffrey Berg replied two. Mr. David House, Applicant and Property Owner, 13313 Old Oak Way, Saratoga: • Said he was available for questions. • Said that there is a pending application for roadway abandonment and a trail easement but that this is a separate deal that would be activated soon. Chair Garakani closed the Public Hearing for Agenda Item No. 2. Commissioner Nagpal: • Said that she has no issues. • Expressed appreciation for the applicant’s hospitality when the Commissioners visited the site. • Said that she is glad to learn that there would be no soil imported onto this site. • Stated her support for this application. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the Planning Commission approved grading over 1,000 cubic yards to restore and re- vegetate the hillside terrain of an old quarry and approved a 15-foot tall accessory structure to be used as a horse stable on property located at 13313 Old Oak Way, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Rodgers, Schallop, Uhl and Zutshi NOES: None ABSENT: None ABSTAIN: None *** DIRECTOR’S ITEMS Associate Planner John Livingstone announced that earlier this month the City Council appointed six Saratoga residents to act as a citizen advisory committee for the Land Use Element update. Staff is in the process of setting up the Committee’s first meeting. Commissioner Hunter asked who is on this Committee. Associate Planner John Livingstone passed a list around to the Commission. Saratoga Planning Commission Minutes of May 26, 2004 Page 8 COMMISSION ITEMS Chair Garakani extended congratulations to Commissioner Hunter on her birthday, which was commemorated with flowers from City staff. He asked the Commissioners to join him in singing Happy Birthday. Commissioner Uhl advised that he would not be at the next meeting. COMMUNICATIONS Minutes from the City Council meeting held on April 21, 2004. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Zutshi, seconded by Commissioner Nagpal, Chair Garakani adjourned the meeting at 7:43 p.m. to the next Regular Planning Commission meeting of June 9, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk