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HomeMy WebLinkAbout09-11-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, September 11, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Garakani, Hunter, Jackman, Kurasch and Roupe Absent: Commissioner Zutshi Staff: Director Tom Sullivan and Planner Christy Oosterhous PLEDGE OF ALLEGIANCE MOMENT OF SILENCE IN HONOR OF THOSE LOST 9-11-01 APPROVAL OF MINUTES – Regular Meeting of August 28, 2002. Motion: Upon motion of Commissioner Roupe, seconded by Commissioner Kurasch, the regular Planning Commission minutes of August 28, 2002, were approved with corrections to pages 2, 7, 8, 19, 21 and 23. AYES: Barry, Garakani, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Zutshi ABSTAIN: None REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 5, 2002. REPORT OF APPEAL RIGHTS Chair Jackman 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). Director Sullivan added that this is except for any actions dealing with tree regulations. Saratoga Planning Commission Minutes of September 11, 2002 Page 2 ORAL COMMUNICATIONS Mr. William Breck, 20375 Saratoga-Los Gatos Road, Saratoga: • Requested that immediate tree protection fences be installed at 14480 Oak Place. • Distributed photographs of the site. • Stated that trees are being damaged and destroyed and that three trees were cut off of his property. • Said that this is his eighth appearance before the City on this request. Commissioner Barry asked Mr. Breck if he has read the Resolution. Mr. William Breck replied yes and reiterated the need for immediate tree protection. Commissioner Barry asked Mr. Breck if there has been any new damage since the last public hearing. Mr. William Breck answered that there has been three days of sandblasting. He also distributed the April 2nd Tree Report prepared by Barrie Coate. Commissioner Hunter asked if there has been no tree protection installed since August 28th. Mr. William Breck replied no except for some orange plastic in place. Ms. Holly Davies, 14478 Oak Place, Saratoga: • Stated that there were two Tree Reports prepared by Barrie Coate. • Advised that privacy that was previously provided by mature oak trees has been lost with Mr. Cutler’s trimming of her oak trees. CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #02-013 (503-69-002) – AMINI-MOAZENI, 13815 Pierce Road: Request for Design Review to demolish an existing single story house and construct a new two story house with 6,099 square feet on the main and upper levels and 2,569 square feet in the basement. The property is a 1.72-acre lot in the Hillside Residential District. The height of the structure will be 26 feet. (WELSH) Director Tom Sullivan presented the staff report as follows: • Advised the Commission that the applicant has requested a continuance. • Recommended that the Commission opens the public hearing and continues this item to the next regular meeting. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:17 p.m. Ms. Geneva Sanjideh, 21700 Via Regina, Saratoga: Saratoga Planning Commission Minutes of September 11, 2002 Page 3 • Expressed concern about the lower area of land on this parcel and the impact of development on animals. • Pointed out that the area serves as a deer run. • Added that she was told that there are no plans to fence this area but since this is a spec home, intentions can change with future owners. • Stated that she does not want to see animals or their habitat destroyed. • Questioned whether an environmental nature study might be required. Director Tom Sullivan assured Ms. Sanjideh that regulations are in place in this Hillside Zoning that only allow 4,000 square foot of fence enclosure area, which is usually installed around the house itself. Commissioner Hunter said that while she saw the property on the August 28th site visit, she would like to add it to the next site tour if possible. Director Tom Sullivan said that it was possible to add this to the next site tour. Ms. Geneva Sanjideh invited the Commissioners to access the area in question through her driveway. Commissioner Kurasch agreed that it is important to see the area for issues such as steep slopes. Commissioner Hunter asked Ms. Sanjideh to let staff know how best to reach her so that she can be notified of the Commission’s site visit. Motion: The item was continued to the meeting of October 9, 2002, because of the heavy agenda already scheduled on September 25, 2002. *** PUBLIC HEARING – ITEM NO. 2 APPLICATION #02-130 (517-13-024) – FU, 15000 Bohlman Road: Request for Design Review Approval to construct a two-story single-family residence on a 39,986 (net) square foot vacant lot. The floor area of the proposed residence and attached two-car garage is 5,140 square feet. The maximum height of the residence would be 26 feet. The site is zoned R-1-40,000. (OOSTERHOUS) Planner Christy Oosterhous presented the staff report as follows: • Stated that the applicant is seeking approval for a two-story single-family residence on a 40,000 square foot vacant lot. The total square footage is 5,140 and the maximum height is 26 feet. The zoning is R-1-40,000. The proposed home will be a contemporary stucco home with an entry portico. • Advised that the area is predominately developed with large-scale two-story homes. • Said that the applicant filed for Design Review in the fall of 2000. The filing fees were refunded to the applicant when they decided not to continue with the application. • Informed that with the 2000 application an Arborist Report was submitted. Since that time, Tree #16 was uprooted by a storm in 2001. • Added that there are no trees proposed for removal and that an $8,000 tree bond will be posted to assure the retention of the trees on site. Saratoga Planning Commission Minutes of September 11, 2002 Page 4 • Stated that the adjacent property owners have requested screening landscaping but that staff does not find that additional screening is required. • Recommended approval. Commissioner Kurasch asked about a large oak tree she noticed on the site visit and questioned whether this oak tree is on this property or the neighboring property. Planner Christy Oosterhous replied that the tree is on this property. Commissioner Roupe pointed out that it is depicted as Tree #17 on the Tree Report. Chair Jackman opened the Public Hearing for Agenda Item No. 2 at 7:30 p.m. Mr. Henry Yang, Applicant’s Representative: • Thanked the Commissioners for their site visit. • Thanked Director Tom Sullivan and Planner Christy Oosterhous for their efforts to expedite this project, getting it before the Commission within 60 days. • Made himself available for questions. Commissioner Garakani expressed concern for worker parking during construction. Mr. Henry Yang advised that the turnaround area would hold up to six cars and that the entire site could accommodate up to 10 cars. Commissioner Roupe cautioned that if parking becomes a problem for the neighborhood, it would be the responsibility of the applicant to obtain some off-site parking and carpool workers onto the construction site. Mr. Henry Yang pointed out that many of his construction workers carpool and that they typically have but four to five cars on a job. Commissioner Kurasch asked Mr. Yang if he is willing to incorporate permeable pavers for the driveway and parking area. Mr. Henry Yang replied that they intend to use pavers like the neighbor’s have used in order to match. Added that he believes that this material is permeable. Commissioner Kurasch asked Mr. Yang about tree protection. Mr. Henry Yang replied that protective fences would be installed to keep vehicles far from trees. Commissioner Kurasch suggested that existing leaf litter be retained beneath oak trees as it serves as natural mulch. Mr. Henry Yang replied that this request is okay with them, that it makes sense and is not a problem to comply with that requirement. Saratoga Planning Commission Minutes of September 11, 2002 Page 5 Commissioner Hunter pointed out the fact that the Fire District does not find the water supply acceptable. Mr. Henry Yang advised that there is a fire hydrant off site but that it does not achieve the appropriate pressure. They may have to use a pump. Commissioner Garakani asked if one fireplace is to be removed. Mr. Henry Yang replied that it is his understanding that they are permitted to have but one wood- burning fireplace but as many gas fireplaces as they wish to include. Two chimneys will be retained but a third will be eliminated. Planner Christy Oosterhous clarified that there are three proposed fireplaces in this home, two gas and one wood. Commissioner Barry pointed out that non-functional chimneys can be a design feature and can be approved or disapproved as such. Commissioner Garakani stated his preference for not having too many chimneys. Mr. Henry Yang advised that they only need one functional chimney. Commissioner Barry asked Mr. Yang about the entry feature. Mr. Henry Yang advised that they have reduced the previously proposed two-story entry feature to one that is 16 feet high. Mr. Ray McMains, 15015 Bohlman Road, Saratoga: • Said that he speaks on his behalf and that of his wife, Tina. • Said that they are satisfied with the resolutions to their concerns reached with the Fus. • Complimented Director Tom Sullivan and Planner Christy Oosterhous for their efficiency in providing information in a timely manner when asked. Commissioner Barry stated that it is a pleasure to have neighbors cooperating. Chair Jackman closed the Public Hearing for Agenda Item No. 2 at 7:42 p.m. Commissioner Garakani: • Said that the design is very nice but that he does not like the inclusion of three chimneys. • Said that the entry feature is still hard to visualize and looks tall. • Added that overall the project looks pretty good. • Suggested that the conditions raised by the neighbors be added to the Conditions of Approval and that perhaps bushes would offer better screening than extra trees. Commissioner Kurasch stated that there is a personal agreement for screening landscaping that does not need to be conditioned. The applicant and neighbor came to agreement. Saratoga Planning Commission Minutes of September 11, 2002 Page 6 Director Tom Sullivan added that these issues could be documented on the final landscape plan since the applicant has agreed to them. Commissioner Kurasch said that she is not in favor of maxed out houses but that this one is muted, located off the street and is well nestled. Additionally, the neighboring homes have similar styles. Asked that the oak tree leaf litter be documented as being left undisturbed. Commissioner Hunter said that this is a nice project and will be good. Commissioner Barry: • Said that she missed the site visit since she was out of town. • Added that she has no disagreement with her colleagues’ comments. • Agreed that calling out for the retention of leaf litter would be helpful. • Questioned the piers. Commissioner Roupe said that the project would receive geotechnical review. Commissioner Barry said that she is concerned about drilling for piers and wants assurance that final clearance would be reached. Planner Christy Oosterhous advised that this project has obtained final geotechnical clearance. Commissioner Roupe: • Said that this is a good project and he supports it although it approaches maximum allowable square footage. • Sought assurance from staff that the foyer space has been counted twice in the total square footage due to its height. Planner Christy Oosterhous assured Commissioner Roupe that the foyer square footage was counted twice due to its height. Commissioner Barry asked the Commissioners if all were satisfied with the reduction of the entry. Chair Jackman replied yes. Added that lowering it any further would hit into the roofline over the living room. Director Tom Sullivan stated that the design appears graceful. Commissioner Hunter agreed that the home is fine the way it is. Chair Jackman stated that she does not want to redesign it. Commissioner Hunter added that this entry feature is a prevalent style in 2002 and will one day be recognized as such just like other architectural styles can be dated to specific times. Commissioner Kurasch said that she finds it ostentatious. Commissioner Barry said that she is happy that it was reduced and finds it to be fine as it is now. Saratoga Planning Commission Minutes of September 11, 2002 Page 7 Commissioner Kurasch said that at least it is a step in the right direction. Commissioner Barry suggested that the Arborist take a look at screening. Director Tom Sullivan advised that the Arborist looks at landscape plans. Commissioner Kurasch asked if having the Arborist reviewing landscape plans is standard procedure. Director Tom Sullivan replied that the Arborist looks at landscape plans often particularly if there is an issue. Commissioner Roupe suggested that Barrie Coate add retention of leaf litter for oak trees to his standard report. Commissioner Kurasch agreed that this is a good suggestion. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Roupe, the Planning Commission approved Application #02-130 to allow the construction of a new residence on a vacant lot at 15000 Bohlman Road with the following conditions: • Use of pervious pavers on the driveway; • Use of stone veneer on the retaining wall; • Oak leaf litter to be left in place beneath oak trees; • City Arborist review of the final landscape plan; and • Review of construction vehicles by staff so that there is no burden on the neighborhood, by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch, Roupe NOES: None ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 3 APPLICATION #02-173 (CITYWIDE) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would amend the Tree Removal Ordinance by requiring a person removing a tree to be able to produce a copy of an approved Tree Removal Permit. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that this is a proposed amendment to the Zoning Ordinance, Section 15-50.130, Possession of a Tree Removal Permit. • Gave background whereas he, the City Manager, City Attorney and Mayor have held meetings to discuss ways of enforcing tree regulations. • Stated that this proposed amendment would add the requirement that if someone is removing a tree, that person must have in their possession a Tree Removal Permit. Saratoga Planning Commission Minutes of September 11, 2002 Page 8 • Added that this requirement will give Code Enforcement and/or the Sheriff’s Office “teeth” when enforcing complaints of illegal tree removal during off-hours such as evenings or weekends. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 8:10 p.m. Mr. William Breck, 20375 Saratoga-Los Gatos Road, Saratoga: • Stated his support for the spirit of this action. • Asked how the City defines a tree being cut down versus heavy trimming. • Said that a clear definition is required. Director Tom Sullivan advised that this is a first step to give the Sheriff a tool right now. Staff is in the process of another amendment to require permits for any pruning and that proposal will be before the Planning Commission in the Fall. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 8:12 p.m. Commissioner Roupe said that this is a good idea and represents a step in the right direction, although it is but the first step. Recommended approval. Commissioner Barry agreed that this is an excellent and wonderful step and applauded staff’s effort. Commissioner Kurasch also agreed and said that she had personal experience with a tree trimmer who refused to begin work until he saw the proper permit. Commissioner Garakani said that he is glad that this will be a tool to allow the Sheriff to protect trees in addition to people. Commissioner Hunter said that she totally agrees. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Roupe, the Planning Commission supported approval of Application #02-173 to amend the Zoning Ordinance which will require a person removing a tree to be able to produce a copy of an approved Tree Removal permit, by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Zutshi ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 4 APPLICATION #02-124 (CITYWIDE) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would amend the Section 15-19.020 (f) (4) to include the provisions that would allow the review and approval of design and materials used in required sound walls. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: Saratoga Planning Commission Minutes of September 11, 2002 Page 9 • Advised that the Zoning Ordinance has a section on Fences, Walls and Hedges, which allows sound walls on arterials with materials and design approval. • Pointed out the Commercial Zones also have a provision whereas the Community Development Director can require installation of a sound wall between adjacent residences and commercial property. However, there is no provision for aesthetics review. Commissioner Roupe suggested the need for material and design compatibility. Director Tom Sullivan suggested adding text “and is compatible in color, material and design with residential properties.” Commissioner Kurasch agreed that this is good when these sound walls are required for noise attenuation. Commissioner Barry asked how this would work and whether review would be by the Director or Commission. Director Tom Sullivan replied by him. He added that if an applicant files an appeal on his decision, the appeal would come to the Planning Commission. Chair Jackman opened the Public Hearing for Agenda Item No. 4 at 8:21 p.m. Chair Jackman closed the Public Hearing for Agenda Item No. 4 at 8:21 p.m. Commissioner Garakani questioned whether the maximum height of eight feet for a sound wall is enough. Director Tom Sullivan replied yes. He added that it would not be advisable to go any higher. If additional sound attenuation were required, other additional means would need to be used. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Roupe, the Planning Commission supported approval of Application #02-124 to amend the Zoning Ordinance Section 15-19.020 (f) (4) to include provisions that would allow the review and approval of design and materials used in required sound walls, with the added language as amended (“and is compatible in color, material and design with residential properties”), by the following roll call vote: AYES: Barry, Garakani, Hunter, Jackman, Kurasch and Roupe NOES: None ABSENT: Zutshi ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Saratoga Planning Commission Minutes of September 11, 2002 Page 10 Commissioners’ Subcommittee Reports Commissioner Kurasch advised that the Tree Subcommittee would make a presentation at the next meeting. Commissioner Roupe advised that the Gateway Design Guidelines would be discussed at a Study Session to be held on Tuesday, September 17, 2002, from 10:30 a.m. to 1:30 p.m., and will include a site tour. Commissioner Hunter advised that she attended the Heritage Commission meeting and that there are lots of new members. They are presently going through the community to develop a list of heritage homes. Additionally, they have produced a calendar, which will be sold to raise funds. Consideration and approval of Resolution No. 02-043 Director Tom Sullivan: • Advised that the Resolution that had been provided in the packet at the last meeting was not what the Planning Commission ultimately decided to go with. • Added that he and the City Attorney worked together, reviewing the meeting tape, to put together this draft. • Reminded that Planning Commission decisions on tree related issues are final. • Clarified that the first 190 feet of the wall was under a separate permit and is still under a “Stop Work” order. That portion of the wall is in violation due to its height. A Notice of Violation is being recorded. This portion of the wall is not a part of the appeal. • Said that the next permit is for approximately 300 feet and was part of the appeal. • Added that under Section 1, Page 2 of the Resolution, the two sections are being brought together to capture the Planning Commission’s intent for the entire wall. Commissioner Roupe: • Suggested that the City Arborist inspect, prepare and submit an assessment. • Suggested added language to page 4 of 6 at the top of the page, Item #7, to add the language …when construction and mitigation… Commissioner Garakani had a question about Page 3, Item #3, end of paragraph. Director Tom Sullivan advised that this pertains to being as a result of the damage. Commissioner Roupe said that there must be a finite time. Commissioner Kurasch suggested that the time limit to comply with mitigation be established. Director Tom Sullivan said that these time limits will need to be set when the City Arborist sets the mitigation plan. Commissioner Roupe agreed that it is fair to set a time limit for compliance. Commissioner Kurasch questioned what would be reasonable. Saratoga Planning Commission Minutes of September 11, 2002 Page 11 Commissioner Roupe replied that it would depend on what is required for mitigation, what time of year, etc. Director Tom Sullivan added that there would be a time by which work must commence and a time when work must be completed. Commissioner Kurasch agreed that the City Arborist can establish these times. Commissioner Roupe suggested 30 to 60 days and to be careful to have a final completion deadline. Commissioner Barry said that the Arborist could give a projected timetable, such as within 14 calendar days of Planning Commission action. Commissioner Kurasch said that for example the commencement could be required within 14 calendar days of Planning Commission action as well as a completion date. Asked what would occur if the property owner does not comply with the deadlines. Director Tom Sullivan said that the matter becomes a Code Enforcement issue. He added that Barrie Coate would be asked to provide necessary mitigation and timing for said mitigation. Public Comments on Resolution #02-043. Ms. Cassandra Houston, 14466 Oak Place, Saratoga: • Said that every time she has called the City, staff comes to measure the wall. • Stated that action thus far by the City is very unsatisfactory and nothing has been enforced so far. • Said that enforcement should be more quick and that this has been a very disillusioning process. Commissioner Roupe reminded that enforcement action has been initiated for the first 190-foot portion of the wall as it is in violation. Director Tom Sullivan assured Ms. Houston that staff is doing what it can as fast as it can do so. Chair Jackman added that it is not always apparent what the City is doing to correct such situations. Ms. Cassandra Houston said that although City staff have come over to her property to take the measurements, etc., she never hears anything afterwards. Mr. William Breck, 20375 Saratoga-Los Gatos Road, Saratoga: • Thanked the Commission for the full and thorough testimony taken at the last meeting. • Said that he has some hope now. • Added that the threats have now changed. Mr. Cutler has been blowing dust onto his recently washed white walled house due to sandblasting going on at the Cutler property. • Advised that this sandblasting has gone on for days and is causing respiratory distress for several in the neighborhood, including those with asthma. His own children have been kept indoors over three nice days due to this sandblasting work. • Informed that Barrie Coate had sought admittance onto the Cutler property but was refused access without a court order. Saratoga Planning Commission Minutes of September 11, 2002 Page 12 • Said that a proper solution would have been to require design review. Chair Jackman asked if a court order would be required to access this property. Director Tom Sullivan advised that City Council would consider this situation next Wednesday and that Mr. Cutler had indeed refused access to his property. Commissioner Barry asked what will occur if Council feels immediate action is required. Director Tom Sullivan replied that the Council would provide direction to one of the City’s Attorneys. Mr. William Breck said that he wants to see a separate resolution for dealing with the issue of tree protection fencing on this property. Commissioner Kurasch told Mr. Breck that the Commission cannot take such action tonight. Mr. William Breck asked how such action can be initiated. Commissioner Barry explained that the Planning Commission does not have the discretion to come up with a new Resolution tonight. Director Tom Sullivan clarified that Council will discuss this situation in Closed Session. Mr. William Breck again asked when tree protection fences are to be required. Commissioner Kurasch replied that this matter is now in the jurisdiction of the City Council. Director Tom Sullivan: • Pointed out that several “Stop Work” notices have been issue. • Added that this project was never a Planning Commission project. It was a series of minor building permits. For such permits, the City does not have the tools that it has in standard Design Review applications, at least not yet. Staff is working to adjust the Code to add the necessary tools in the future. Commissioner Barry cautioned that this process might help in future cases more than it will help in this case. Commissioner Kurasch stated that she does not relish the role of being reactive and that the City is doing everything possible to remedy this situation. Mr. William Breck reminded that three trees have been illegally cut and at least 13 damaged. Commissioner Kurasch reminded Mr. Breck that the Commission made the determination in his favor. Mr. William Breck suggested that the appeal and its resolution should pertain to the entire wall and reference to a second permit taken out. Commissioner Roupe said that this suggestion would have to be deferred to the City Attorney. Saratoga Planning Commission Minutes of September 11, 2002 Page 13 Mr. William Breck said that tree protection is not just for oaks. Said that there is a history of wiggle room. Said that he would like to see specific dates, review and fines/penalties imposed. Director Tom Sullivan said that the Courts have the authority for that action. While a citation has been issued for the removal of the three trees, the fine is just $100, which is insignificant. However, there is a Section in the Code that allows the City to exact mitigation for this improper removal. Commissioner Garakani said that he understands that Mr. Breck is here to protect remaining trees and the concern should be to preserve what is left. Mr. William Breck said that the discussion is about not setting precedent with this project and also requiring the replacement of trees. Consensus was reached by the Planning Commission on revised Resolution #02-043. COMMUNICATIONS City Council Minutes from Regular Meeting on July 17, 2002. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 9:14 p.m. to the next regular meeting set for Wednesday, September 25, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk