Loading...
HomeMy WebLinkAbout11-13-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, November 13, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Roupe called the meeting to order at 7:07 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Roupe and Zutshi Absent: Commissioners Barry, Jackman and Kurasch Staff: Director Tom Sullivan and Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of October 23, 2002. As there were too few Commissioners present who were eligible to vote to adopt the regular minutes from the October 23, 2002, Planning Commission meeting, consideration of the minutes for that meeting were continued to the next meeting on December 11, 2002. ORAL COMMUNICATIONS There were no Oral Communication Items. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 7, 2002. REPORT OF APPEAL RIGHTS Acting Chair Roupe 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). Saratoga Planning Commission Minutes of November 13, 2002 Page 2 CONSENT CALENDAR ITEM NO. 1 RESOLUTION OF DENIAL #02-053, APPLICATION #01-044 (403-28-034) – AZIZI, 18360 Purdue: Denial of Design Review application to construct a two-story single-family residence on an 8,040 square foot lot. The floor area of the proposed residence and attached two-car garage is 2,923 square feet. The maximum height of the residence would be 20 feet. The site is zoned R-1-10,000 (OOSTERHOUS) Acting Chair Roupe removed this item from Consent to be heard as a Public Hearing Item since there is a member of the audience wishing to address the Commission on this matter. Mr. Tom Corson, 18337 Swarthmore Drive, Saratoga: • Thanked the Commission for rejecting this application. • Advised that he has lived in this neighborhood for 25 years and has significant concerns over what types of construction is being approved. • Pointed out that the neighborhood consists of smaller homes, from 1,400 to 1,600 square feet. • Said that he feels strongly that the neighborhood’s character should be preserved. • Encouraged the Commission to keep up the good work as done with the rejection of this proposal. Ms. Elizabeth Lara, 18324 Swarthmore Drive, Saratoga: • Identified herself as her father’s representative, who owns a home in this neighborhood. • Said that she found out today about the Purdue project and is present this evening to obtain more information. • Stated that she is pleased that this proposal was denied. • Said that she was raised in this area and is concerned about architectural compatibility. • Declared that she does not want to see this neighborhood turn into another El Quito Park type neighborhood. • Stated that a house recently approved on Swarthmore is more than two times larger than the other homes in the neighborhood. • Suggested that there should be ways to rein in initial approvals that are not compatible with neighboring homes. • Expressed appreciation to the Commission and sought guidance on what she can do to further her cause. Commissioner Zutshi asked Ms. Lara when the project on Swarthmore was approved. Ms. Elizabeth Lara: • Replied that the large home was approved by staff in October of this year. • Added that she had just learned about the project and the 10-day appeal period has already passed. • Said that she has a petition signed by 26 neighbors who do not support that project. • Said that they are concerned about architectural approvals occurring administratively without coming before the Planning Commission. • Questioned how a home can be doubled in size and not require Commission review. Saratoga Planning Commission Minutes of November 13, 2002 Page 3 Acting Chair Roupe thanked Ms. Lara for her comments and advised that the Commission is not in a position to comment on this approval. Asked Director Tom Sullivan and Planner Christy Oosterhous to address Ms. Lara’s concerns. Planner Christy Oosterhous: • Advised that the concerns and comments raised by Ms. Elizabeth Lara were received after the appeal period had passed. • Added that the applicant has been asked to revise the front elevation of the home. • Stated that the home meets the criteria for review through the Administrative Process. It is less than 18 feet in height, a single-story and is a plain stucco bungalow design. Acting Chair Roupe pointed out that a number of applications submitted to the City are subject to Administrative Approval. It is not unusual that this particular matter was not brought to the Planning Commission for review. Ms. Elizabeth Lara: • Expressed concerns about features such as large columns and an eight-foot-long window located within four feet of a fence. • Added that this is the first home on their street that has been torn down and all landscaping removed. This was done very quickly. • Said that they are trying to organize themselves. Acting Chair Roupe suggested that the Director could look into the matter. Director Tom Sullivan cautioned that the Commission is reaching the nexus of how far this matter can be discussed this evening particularly since it is not even a part of this project that is on the agenda. Acting Chair Roupe encouraged Ms. Elizabeth Lara to discuss her concerns further with Director Tom Sullivan and Planner Christy Oosterhous. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the Planning Commission approved the Resolution of Denial (#02-053) for Application #01-044 for property located at 18360 Purdue, by the following roll call vote: AYES: Hunter, Roupe and Zutshi NOES: Garakani ABSENT: Barry, Jackman and Kurasch ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 Application #02-190 – (397-01-012), SAINT ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH, 18930 Allendale Avenue: Request for General Plan Land Use Map Amendment from Residential Very Low Density to Quasi-Public Facility. The proposed General Plan Land Use Map Amendment would allow a parcel that is presently designated Residential Very Low Density and containing a single-family dwelling to be designated Quasi-Public Facility. The change in designation is requested in order to facilitate a lot line change, which would allow the parcel in question to become Saratoga Planning Commission Minutes of November 13, 2002 Page 4 part of the adjacent Saint Archangel Michael Church facility. An Environmental Initial Study has been prepared. (WELSH) (REQUEST TO BE CONTINUED TO DATE UNCERTAIN). Acting Chair Roupe advised that there is a request for a continuance to a date uncertain for this agenda item. Director Tom Sullivan elaborated by saying that the applicant will seek to package the whole project into one application. This project will be renoticed when it comes forward again. *** PUBLIC HEARING – ITEM NO. 3 GATEWAY DESIGN GUIDELINES: Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development in this district. The streetscape improvement plan has been adopted to address improvements within the Public street right-of-way to create a new northern gateway to the City. The Guidelines provide direction for the redevelopment within the Gateway district. (CONTINUED FROM MEETING OF SEPTEMBER 25, 2002) (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that the Commission has discussed the Gateway Design Guidelines twice. • Recommended that this Public Hearing on the Guidelines be continued to the December 11, 2002, meeting to allow more Commissioners to be present. • Stated that the Gateway Design Guidelines warrants having a larger body available to fully discuss it. Acting Chair Roupe stated that this would represent a continuance to a date certain. Commissioner Hunter pointed out that there are people present this evening that may like the opportunity to speak about the issue. Director Tom Sullivan said that it is possible to take public testimony if the Commission would like to do so. Acting Chair Roupe opened the Public Hearing for Agenda Item No. 3 at 7:26 p.m. Mr. John Mallory, 12258 Kirkdale Drive, Saratoga: • Said he was disappointed that this process would not continue tonight. • Stated that he would return on December 11, 2002. Commissioner Hunter thanked Mr. Mallory for his email communications. Acting Chair Roupe stated that it is appropriate not to rush to judgement on this matter. *** PUBLIC HEARING – ITEM NO. 4 Saratoga Planning Commission Minutes of November 13, 2002 Page 5 Application #SD-01-001 & ED-01-003 – (397-27-029), JAVANMARD/ASGARI, 20440 Arbeleche Lane: The applicant requests Tentative Parcel Map approval to subdivide one parcel into two building sites. The existing parcel is 27,661 square feet (net) and contains an existing single-family. Proposed Parcel A is 11,982 (net) square feet. The proposed Parcel B is 15,769 (net) square feet. The existing single-family dwelling is to be demolished. One single-family dwelling is proposed on each parcel. The project site contains a riparian corridor, the Saratoga Creek, and several mature trees. The proposed parcels are located in the R-M-4,000 zoning district. The General Plan designation for the proposed parcels is Multi-Family Residential. A Mitigated Negative Declaration has been prepared. (OOSTERHOUS) Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking approval of a Tentative Parcel Map to subdivide one parcel into two with building sites on each parcel. • Stated that the existing house would be demolished and a new single-family residence constructed on each parcel. • Informed that the property is located on the Saratoga Creek border and is zoned Multi-Family Residential. Multi-Family Residential and Commercial uses are located in the immediate area. • Said that the maximum height for Lot A is proposed at 28 feet, 6 inches and would be a two-story home consisting of 3,800 square feet. • Said that the maximum height for Lot B is 28 feet and would be a two-story home consisting of 3,900 square feet. • Described the 75-foot setback requirement for the riparian corridor. • Pointed out that the creation of two smaller parcels from one parcel would result in the creation of two parcels that would have constraints as far as the development of the parcels. • Discussed the Initial Study prepared and said that staff has determined that there are significant impacts as a result of this proposal. • Added that the proposal is not consistent with the Municipal Code regarding development within a riparian corridor and the proposed removal of 12 redwood trees. • Recommended that the Environmental Document be found inadequate since staff can only make five of nine required findings. • Recommended denial of the project with the findings that it is not consistent with the General Plan, the site is not suitable for development as proposed and that the design of the development would likely cause substantial environmental damage. Commissioner Garakani asked Planner Christy Oosterhous when this application was received by the City. Planner Christy Oosterhous replied August 21, 2001. Commissioner Garakani expressed surprise that staff did not identify these major concerns at that time. Asked if the applicant was aware of staff’s position prior to this evening. Planner Christy Oosterhous advised that it took some time to do the background research in order to come to this conclusion. Added that the applicant is actively involved in the whole process and that some impacts are visible only after the buildings were staked out on the site. Saratoga Planning Commission Minutes of November 13, 2002 Page 6 Commissioner Zutshi asked about comments and/or requirements from the Army Corps of Engineers and the Department of Fish and Game. Planner Christy Oosterhous advised that no written comments were received from either agency. Commissioner Hunter stated that due to past problems with development near creeks, the City uses more caution. Commissioner Garakani asked if there are regulations about basements close to a creek. Director Tom Sullivan replied that the site would need a geotechnical soils evaluation. Acting Chair Roupe opened the Public Hearing for Agenda Item No. 4 at 7:37 p.m. Ms. Glush Dada, Project Designer: • Said that she just recently got involved with the design of this project but that project engineers have worked for about a year. • Stated that it has taken about two years to get before the Commission. • Said that this is an odd-shaped parcel that is hard to build upon. • Stated that they are not ruining any trees and that important trees on site are being retained. Only one tree would be cut. • Suggested that with the value of land in Saratoga, her clients have the right to expect to be able to build 3,000 square foot homes in order to get land value back. This square footage includes the garage area. These are very decent homes by today’s standards in the Bay Area. • Said that they have taken a creative approach to be able to fit decent sized homes on this property. • Declared that the redwood trees can be protected through structural building techniques. • Provided an exhibit that depicts the buildable area on the property. Commissioner Garakani sought clarification that the applicant is willing to keep the redwood trees. Ms. Glush Dada said of course. The trees afford privacy between this site and the adjacent commercial property. Added that constructing with piers every 15 feet would preserve these trees. Added that an Arborist can do a report about this type of construction near trees. Commissioner Garakani asked if Ms. Dada is concerned about tree roots damaging the structure of the house. Ms. Glush Dada said that there are ways of preventing that with installation of metal barriers. Commissioner Zutshi asked Ms. Dada if she is willing to reduce the size of these homes. Ms. Glush Dada said that her client does not want smaller homes. This is the typical size home in Saratoga. Commissioner Zutshi asked about the 12 redwood trees. Ms. Glush Dada reminded that only one tree would be removed from the site. Saratoga Planning Commission Minutes of November 13, 2002 Page 7 Acting Chair Roupe asked Ms. Glush Dada about the riparian corridor. Added that the setback standards set forth for riparian corridors indicates that both lots are considered unbuildable. Ms. Glush Dada said that the Biologist could better address this issue. Reminded that the Civil Engineer worked with City staff for one year and that they obeyed the setbacks provided. Acting Chair Roupe asked Planner Christy Oosterhous to clarify the issue of the riparian corridor easement. Planner Christy Oosterhous advised that the easement requirement for the riparian corridor is addressed in the Subdivision Section of the City’s Municipal Code for when a subdivision is being created near a creek. A designated Creek Protection Easement is required. Commissioner Garakani asked about the required size of this Creek Protection Easement. Planner Christy Oosterhous stated that it is based upon the biotic assessment. In this case it is a 75-foot setback from the corridor. Acting Chair Roupe clarified that the primary concern is the riparian corridor. Mr. John Bushall, Biologist: • Informed that he prepared the biologic report that suggested the 75-foot setback. • Stated that this project would have increased setback encroachments but that mitigation can be taken that include eradicating non-native species and moving the wire mesh fence on site off the bank by 10 feet and replace it with a cedar split-level fence, and replanting 10 feet of the bank and part of the slope with native vegetation. • Said that biologically, these steps should mitigate increased encroachment into the setback. • Said that the applicant has done due diligence in working with this site. Commissioner Hunter questioned the potential adverse impacts on the creek from using herbicides to eradicate the invasive non-native grasses. Mr. John Bushall said that the product proposed, Aquamaster, is approved by the EPA for use near water. The process includes cutting the weeds and applying the herbicide directly to the cut stems. Commissioner Hunter asked why not just leave the creek as it is with the plants already there. Mr. John Bushall replied that they are not native to the area. Wildlife has no use for these plants and the plants will ultimately take over the riparian corridor. This is a huge problem in the Bay Area. Acting Chair Roupe asked if replacement of plant material in the riparian corridor still results in encroachment into the riparian corridor. Mr. John Bushall replied yes. He said however that by creating nice mid canopy and underbrush, this project would create a better situation than what is there now. Commissioner Zutshi asked how Mr. Bushall weighs the encroachment into the setback with the replacement of the non-native vegetation. Saratoga Planning Commission Minutes of November 13, 2002 Page 8 Mr. John Bushall advised that typically a pristine and high-quality habitat needs a 100-foot setback. A 75-foot setback is recommended here. The mitigation for encroaching into that setback is at a three to one ratio. If you remove one tree, you replace with three. Acting Chair Roupe asked Mr. Bushall if this project meets that mitigation criteria. Mr. John Bushall replied that this project exceeds the mitigation criteria. Acting Chair Roupe asked staff for its position based on this opinion. Planner Christy Oosterhous stated that she would stick to her conclusion presented within the staff report that this development is not appropriate for this site. Commissioner Zutshi asked for further clarification of the purpose for the removal of non-native vegetation. Mr. John Bushall said the intent is to prevent the spread of non-native vegetation, which is a Bay Area wide problem with invasive species. Commissioner Hunter pointed out that the creek area is prone to flood. Asked what time of year the non-native vegetation would typically be removed. Mr. John Bushall stated that the removal is done by hand and erosion control measures, such as placing straw, is installed. Commissioner Zutshi asked who supervises this work. Mr. John Bushall said that he is not under contract. Said that they can provide supervision if contracted to do so. Ms. Diana Espinosa, 14510 Oak Street, Saratoga: • Identified her family-owned business, Neal’s Hollow, as being located at 14320 Saratoga- Sunnyvale Road. The business was established by her parents in 1965 and she and her two brothers currently run the business. • Said that she is concerned about having two single-family residences on this site. • Said that the division of this lot does not make sense since it is already is at a disadvantage due to the riparian corridor. • Said that the stakes for the building on Lot B are in place and appear to be too close to the redwood trees. • Expressed concern about the potential for future conflict with a residential owner of Lot B over issues such as the lighting and business uses on their adjacent commercial property. • Stated that a limousine service has operated from Neal’s Hollow since the 1970s. There is sensor lighting on the site as well as regular lighting. Additionally, there is a school operating at Neal’s Hollow and it is important for these children to have quite between the hours of 8 a.m. and 5 p.m. from Monday through Friday. Two homes could be extremely disruptive to the school. • Said that the close proximity of the house on Lot B to the shared property line with her site could hinder fire fighting ability on both properties. Saratoga Planning Commission Minutes of November 13, 2002 Page 9 • Stated that there are potential flooding impacts with development of this property. • Advised that their attorney is investigating easement issues for utility and access. • Thanked the Commission for listening to her views. Acting Chair Roupe reminded that the redwood trees would be preserved through the use of special construction techniques. Director Tom Sullivan pointed out that the stakes for the house are about half way under the canopy and the trees may not be able to be preserved. Commissioner Garakani recognized Ms. Espinosa’s wish to be pro-active and prevent conflict before it occurs. Agreed that these are pre-existing businesses of which any new residential owners would have to be made aware at time of purchase of their homes. Ms. Glush Dada: • Stated that any drainage issues would be solved and that they never let dirty water drain to the creek. • Said that construction hours would be honored and no street parking would be required during construction. • Pointed out that tall trees, like redwoods, have long roots that grow straight down. A more spread out tree has more spread out roots. • Added that as long as main roots are not bothered, it is okay to construct within 10 feet. Commissioner Hunter agreed that redwoods have deep taproots. Acting Chair Roupe closed the Public Hearing for Agenda Item No. 4 at 8:14 p.m. Commissioner Hunter asked how large is the parcel. Director Tom Sullivan replied about two-thirds of an acre. Commissioner Hunter pointed out that the property has just an 800 square foot house right now and what is proposed is about 8,000 square feet on the same property. Questioned whether typically a house of that size would be allowed on a parcel of this size. Acting Chair Roupe reminded that there are no FAR standards in the R-M zone. Planner Christy Oosterhous agreed that this is correct but added that this is not a typical site. Commissioner Hunter thanked staff for its report. Agreed with the analysis that this is not an appropriate use near a riparian corridor. The existing 800 square foot house could be bigger but not two single-family homes with a triangular lot. Commissioner Zutshi agreed that this is too much for the lot size and with the proximity to the creek. The creek plays an important role in that area. Stated she would not be in favor of the proposal. Commissioner Garakani: • Said that the main issue is the proximity to the creek. Saratoga Planning Commission Minutes of November 13, 2002 Page 10 • Said that he hated not to see the enjoyment of the use of the creek. • Expressed happiness with the mitigation that would improve the riparian corridor. • Suggested a reduction in the size of the homes or incorporating a basement and said that he could support with one of those actions. • Stated the importance of keeping the redwood trees. Commissioner Zutshi said that she too would love to live near a creek but that huge houses would overwhelm the creek itself. Acting Chair Roupe: • Said that he is concerned about the substantial encroachment into the riparian corridor although mitigation would improve the situation particularly with the removal of non-indigenous species. • Said that he is concerned particularly with Lot B and the pressure of creating a small lot in a difficult location. • Suggested a single structure as this proposal is too much for the lot and too much of an encroachment into the riparian corridor. • Asked staff if the Negative Declaration, Subdivision and Design Review would be handled individually. Director Tom Sullivan said that the Commission can simply deny the project with findings. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the Planning Commission denied Application #SD-01-001 and ED-01-003 to subdivide a single parcel into two parcels and construct two new single-family residences on property located at 20440 Arbeleche Lane, by the following roll call vote: AYES: Garakani, Hunter, Roupe and Zutshi NOES: None ABSENT: Barry, Jackman and Kurasch ABSTAIN: None *** DIRECTOR’S ITEMS Director Tom Sullivan reminded the Commissioners that the November 27, 2002, meeting has been cancelled. The next meeting will be held on December 11, 2002. COMMISSION ITEMS Tree Ordinance Commissioner Hunter reminded the Commission that Council would be discussing the Tree Ordinance at next Wednesday’s meeting. Commissioner Garakani advised that he has received several calls about the Tree Ordinance. Some find that a misdemeanor is too much and questioned why not increase the fines. Saratoga Planning Commission Minutes of November 13, 2002 Page 11 Director Tom Sullivan replied that this could not be done. The City Attorney and/or Judge could reduce a misdemeanor to an infraction. Additionally, once a matter has been corrected, the infraction is torn up rather than pursued any further. Commissioner Garakani added that concerns were also raised about the ability to trim branches from a neighbor’s tree. Director Tom Sullivan said that to do so would require a permit. That process gives staff the opportunity to notice affected property owners. Site Visits Commissioner Hunter advised that morning site visits impact her ability to attend Heritage Preservation Commission meetings as the Commission’s representative as she has to leave these meetings early to make the site visits. Proposed that the site visits be returned to 3 p.m. Commissioner Garakani agreed that if the visits could not be done between 11 a.m. and 1 p.m., he would support returning to 3 p.m. Acting Chair Roupe agreed. HPC Calendar Commissioner Hunter advised that the Heritage Preservation Commission is distributing calendars for a $10 donation. Said that she has a small supply available. Library Commission Commissioner Zutshi advised that there will be a Library site visit during the first week in December. COMMUNICATIONS City Council Minutes from September 24, 2002. ADJOURNMENT TO NEXT MEETING Acting Chair Roupe adjourned the meeting at 8:32 p.m. to the next regular meeting set for Wednesday, December 11, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk