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HomeMy WebLinkAbout01-04-1995 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. ' SZ53 4 AGENDA ITEM: MEETING DATE: January 4, 1995 CITY MGR: ORIGINATING DEPT.: Community Development SUBJECT: Appeal of a Planning Commission decision to deny a Lot Line Adjustment and Variance application request (LL -94 -002 & V -94 -015) . Recommended Motion(s): Staff recommends that the City Council uphold the Planning Commission decision and deny the Lot Line Adjustment and Variance requests. Report Summary: On November 9, 1994, an application was presented to the Planning Commission requesting Lot Line Adjustment approval to relocate an existing lot line between a 2.07 acre parcel and a 2.79 acre parcel. A Variance was also requested to allow one parcel to be under the minimum lot size requirement based on the parcel's new average site slope. The Planning Commission decided by a 6 -0 vote that the Variance findings were not present to approve the request because it would result in a grant of special privilege. Because the Lot Line Adjustment request was contingent on the Variance's approval, both requests were denied. Within the attached letter dated November 16, 1994, the applicant states that there are several reasons which exist to support the Lot Line Adjustment and Variance requests. For example, the applicant has indicated: * Both parcels are over two (2) acres and will remain the same size. * The request would allow a reasonable rear yard area for planting and landscaping on a relatively restricted site. * The Lot Line Adjustment would allow the property owner of Parcel "B" to maintain the top portion of the hill (i.e. brush and weed abatement) better than the owner of Parcel "A ". The staff report presented to the Planning Commission at the November 9, 1994 public hearing recommended approval of the Lot Line Adjustment and Variance requests. Staff initially felt that the Variance findings could be recommended to support the proposal due to the "technical" nature of Parcel A's nonconformity. Although the land proposed to be adjusted was equal in area, the Lot Line Adjustment would cause the File No. LL -94 -002 & V -94 -015; 21152 Chadwick Ct./13245 Padero Ct. average slope of Parcel A to increase. Technically, this increased the parcel's nonconformity with current site /slope to lot size requirements. The Commission concluded that since the slope of the property determines the minimum lot size, regardless if the parcel size remains the same, the Variance findings could not be supported. After further consideration, following Planning Commission discussion at the public hearing, staff agrees with the Planning Commission that the Variance request does not meet a literal reading of the necessary findings, and that both requests should be denied. Fiscal Impacts: None Advertising, Noticina and Public Contact: Notices were mailed to surrounding property owners within 500 feet of the subject property. Notices were also posted at City Hall and advertised in the newspaper. Consequences of Not Acting on the Recommended Motions: A grant of special privilege will result and a precedent will be set for future deviations from the lot size /slope ratio. Follow Up Actions: None Attachments: 1. Planning Commission Resolutions LL -94 -002 & V -94 -015 2. Applicant's appeal letter dated 1-2/21/94 3. Planning Commission Minutes dated 11/09/94 & 11/22/94 4. Planning Commission Memorandum dated 11/09/94 5. Plans, Exhibit "A" RESOLUTION NO. LL -94 -002 CITY OF SARATOGA PLANNING COMMISSION DENIAL OF LOT LINE ADJUSTMENT Barkas; 13245 Padero Ct. (Parcel A) Chadwick; 21152 Chadwick Ct. (Parcel B) WHEREAS, a Lot Line Adjustment between APN 503 -15 -037 (Parcel A) and APN 503 -15 -41 (Parcel B) has been filed with the Community Development Director of the City of Saratoga for the relocation of a contiguous lot line; and WHEREAS, the proposed Lot Line Adjustment is not consistent with the General Plan and the regulations of Saratoga's building, zoning and subdivision ordinances; and WHEREAS, the proposed Lot Line Adjustment is contingent on approval, of a Variance request (V -94 -015) which can not be supported; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga denies the Lot Line Adjustment as shown on Exhibit A. Section 1. 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 adoption. .PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, this 22nd day of November, 1994, by the following roll call vote: AYES: Commissioners Abshire, Asfour, Kaplan, Murakami, Patrick & Siegfried NOES: None ABSENT: Commissioner Caldwell Chairman, Plan ling Commission ATTEST Secretary to the Planning Commission r RESOLUTION V -94 -015 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA DENIAL OF VARIANCE REQUEST Barkas; 13245 Padero Ct. WHEREAS, The City of Saratoga Planning Commission has received an application.for Variance approval to allow Parcel A to be under the minimum lot size requirement based on the parcel's new average site slope created as a result of a Lot Line Adjustment; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicant has Not met the burden of proof required to support said application, and the Planning Commission makes the following findings: (a) That because there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would not deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. (b) That because special circumstances do not exist, the granting of the Variance will constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve.as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Barkas /Chadwick for Variance approval be and the same is hereby denied. Section 2. 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 adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 22nd day of November, 1994, by the following vote: AYES: Commissioners Abshire, Asfour, Kaplan,Murakami., Patrick & Siegfried NOES: None ABSENT: Commissioner Caldwell File No. V -94 -015; 13245 Padero Ct. n, Planningvcommission ATTEST: Secretary, Planning tommission Dec. 21, 1994 To: Saratoca City Council From: Allen Chadwick 9 Alex Barkas Re: Appeal of lot line adjustment of parcel "A" V -94 -015 and parcel "B" LL -94 -002. Parcel "A" is the Barkas property that fronts on Padero Ct. and backs up to the Chadwick property on Chadwick Ct. that lies 130 ft. higher e,lev- vation than Parcel "A ".The proposed lot line adjustment consists of a trade of a 40 ft. strip of land from the rear of the Barkas property, parcel "All for an equal plot of land from parcel "B ", the Chadwick Ct. property. Parcel "B" has city approved house plans. The home had to be designed with a width of just 22 feet in order to fit between a mature oak tree and the existing property line leaving only 20' from the house to the existing Barkas property line. Both parcels are over two acres and their size will not change. Both parcels conformed to the zoning ordinance when developed but no longer conform due to the changes in the zoning ordinance. The only difference caused by this adjustment will result in one percentage point greater average slope For parcel "A" after the exchange. This difference will not have any effect on the site as pointed out by the planning depart- ment report. The purpose of the request is to allow parcel "B" to have control of the area for the followinc reasons: To use this strip as a fire break and plant fire resistant plants in this buffer area (sketch attached); to have a side yard and to allow a deck within the existing property of parcel "B" without it then being against the existing Barkas property line. The 40' strip is in a relatively flat area of the knoll as illustrated on the enclosed section. There will be no structure placed on this section and none of the residences on Padero Ct. can be seen from this area. Please refer to section. The referred to 40' strip cannot be seen from the Barkas residence nor can it be accessed to remove the weeds and brush for fire protection as the grade is too steep to get to it. We feel that the planning department recommendation to approve this trade clearly points out that there is no negative affect on parcel "A" and we feel that parcel "B" needs to have control of this fire break area as otherwise there is no way for it to be serviced. Without this land trade the Barkases remain responsible for land that they cannot service adjoining a very prestiges future home. They are, therefore, also very much in favor of this land trade. Thank you all for your consideration in the above matter. Sincerely, _ L Z4�t-7— Z�4 Allen Chadwick i r v V V Q Z V A LANDS DF CHADMICK Job Nome: CHADWICK AND BARKAS/VIJCIK SECTION VERTICAL SCALE: I inoh = 410 feet HORIZONTAL SCALE: I Inoh = 20 feet Dorhod Lin• Noturo! Cround Soiid Lin • Pr000sed Ground LANDS OF BARKAS/VIJCIK Exisr Sol s- PRCFaWV RESIDENCE , Q� J LANDS OF BARKAS/VIJCIK Exisr Sol s- LANDS OF CHADVICK U LAAVS OF BARKAS /VI,A^IK S {� - MdltRD IFSfOfMYyJI ✓ob Nome: CHADWICK AND BARKAS /V/JCIK SECrICN VERTICAL SCALE: / Inoh 'lO reat HORIZONTAL SCALE: l Inoh 20 rent Or.n i LIn• Nnt ur n/ Gr��n♦ $n /f/ Lfn• . Ir�n�i�n 6r •�nI i c 0 FIREBREAK PLANTING s aF� � + a C, d § B w U Z w O c Y 1 U P 31, � F Q a U Y W' 1I J J Q EMS PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 14 - THE COMMISSION RECESSED AT 9:10 P.M. THE COMMISSION RECONVENED AT 9:25 P.M. 7. LL -94 -002 - Chadwick & Barkas; 21152 Chadwick Ct. & 13245 Padero Ct., request V -94 -015 - for Lot Line Adjustment approval to relocate an existing lot line between a 2.07 acre parcel and a 2.79 acre parcel per Chapter 14 of the City Code. A Variance is also required to allow one parcel to be under the minimum lot size requirement based on the parcel's new average site slope per Chapter 15 of the City Code. Both parcels are located within the Hillside Residential (HR) zoning district. (Cont. from the 8/10/94 public hearing at the request of the applicants; application expires 4/19/95). Planner Walgren presented the staff report. He informed the Commission that staff has received several letters regarding this item and for Agenda Item No. 8. He informed the Commission that the staff update memo to the Commission addressed the issues raised by the neighbors. While staff is available to discuss the issues this evening, the issues raised in the letters primarily address the original subdivision approval or the approvals of homes within the subdivision and are not necessarily related to this particular lot line adjustment request. Staff therefore recommending approval of the applications as presented with the conditions contained in the resolutions. Chairman Asfour asked staff if the Commission should review the variance request before the lot line adjustment because if the variance is denied, then the lot line is also denied. Planner Walgren responded that consideration of the variance should be conducted prior to the lot line adjustment request. Commissioner Caldwell stated that she did not feel that the lot line adjustment could be granted unless the Commission makes the findings that is would result in conformance to the zoning ordinance. The only way that the Commission could make that finding was to grant a variance. She noted that the reason that the lot does not conform to the zoning ordinance was due to the slope situation and that the reason for the variance request was due to the slope. Planner Walgren stated that it was staff's belief that the findings could be made to grant a variance based on the discussion as stated in the staff report. If the Planning Commission does not agree that the three variance findings can be made, than both the variance and the lot line adjustment should be denied. Planner Walgren further clarified that part of staff's discussion supporting the variance was that the 8,000 square feet that contained the greater slope was located within an open space easement, it is not developable and does not contribute to a larger house being permitted on either parcel. The lot line adjustment would allow for an increased yard area for parcel B. Commissioner Caldwell commented that when she read the report, it struck her that the City was trying to undue something that would indemnify the city's zoning ordinance. Properties are subdivided according to certain parameters, slope being one of the parameters. She did not know how you could separate them. Planner Walgren responded that the slope lot size requirement adopted in 1992 was intended to create new parcels and that this subdivision tract PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 15 - was approved in the 1960s or 1970s. Commissioner Siegfried asked staff if the only reason for the lot line adjustment was to grant some additional flat yard area? Planner Walgren responded that that was his understanding but felt that the applicant could address this question further. Commissioner Kaplan felt that the applicant was not only gaining a flat pad area but that- he was also to gain a distance from a line that was located in the middle of the hill that would allow him to build closer to the edge of the hill. Commissioner Caldwell stated that she was also interested in the discussion as stated in the letters received regarding the driveway and the additional environmental impacts that would result with the driveway. She inquired as to staff's response to the discussion pertaining to the driveway. Planner Walgren stated that the comments in the letter addressed the driveway for a house that was approved for the parcel in 1991. The driveway was an approved configuration of that design review application with preliminary grading and drainage plans. He noted that several of the neighbors have raised the question of whether it would make sense to place the driveway along the top of the , ridgeline where the existing dirt road' is located rather than having to cut, fill and grade a road down the side of the hill. He stated that the top of the ridgeline was not part of this parcel, but that it was part of an adjacent parcel. Chairman Asfour opened this item to public hearing at 9:35 p.m. Allen Chadwick, 21152 Chadwick Court, property owner, informed the Commission that another issue existed. That issue being that the house was located 20 feet from the property line and was designed to preserve the oak tree. In his discussion with Ernie Crow, Saratoga Fire Chief, he did not feel that the 20 feet was enough of a setback. If. you place a deck out there, you would have a parking lot right off the deck. He informed the Commission that you could not remove the brush and weeds from the property because it belonged to someone else. From a fire standpoint, Mr. Crow felt that the setback for the lot should be at 40 feet. Commissioner Patrick inquired if the house could be moved back. Mr. Chadwick responded that the home could not be moved back because of the large oak tree that is located on the lot. Alex Barkas, owner of the 13245 Padero Court parcel, addressed the change in slope as being one degree. He did believe that the small change in slope warranted a variance. The whole issue of the need for this 40 feet of additional space was to make it a saleable house and lot. He stated that he would prefer that the property be developed rather than to have the existing situation (a place used for parties). It was his understanding that if he was to transfer property that there would be no possibility for the house to be moved closer to the hill. He stated that he would not be supportive of a deck and that it was his understanding that the 40 foot buffer was to have no construction on it whatsoever and that it would only have vegetation or gardening. PLANNING COMMISSION. MINUTES NOVEMBER 9, 1994 PAGE - 16 - Commissioner Abshire inquired as to the actual depth of the lot that would be increased by this parcel exchange (how many feet would be added to parcel B)? Mr. Chadwick responded that Parcel B would be increased by 40 feet. Mr. Barkas stated that he would not be supportive of a variance that would result in the house being moved closer to the edge of the lot. Community Development Director Curtis informed the Commission that a letter was received from Ray Piontek stating his position on this issue. COMMISSIONERS CALDWELL /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:42 P.M. THE MOTION CARRIED 6 -0 (COMMISSIONER MURAKAMI ABSENT). Commissioner Caldwell commented that in the past, the Commission has been advised that it could not condition lot line adjustments. She inquired if that was correct.. City Attorney Riback responded that the Commission could not condition lot line adjustment, but that variances could be conditioned. He also informed the Commission that the variance should be considered before the lot line adjustment. Commissioner Kaplan questioned what condition(s) could be placed on the variance. She did not feel that the variance would address the concern from the property on Padero Court looking up the hill at the structure. She asked if the exchange of land was part of the parcel where the development was going to sit. Chairman Asfour responded that the development was going to sit on the existing property. Commissioner Kaplan commented that the applicants were claiming that if the variance was conditioned, that the City could prevent any building from.being placed on that piece of land. She questioned if the condition would apply to the entire property. Planner Walgren responded that currently, the way that the house was approved, it is 20 feet from the east property line. He clarified that the approved house could be built at the 20 foot side yard setback. Within that 20 feet, you could not have any structures or any built up decks that were not at grade. Commissioner Siegfried clarified that should the variance be granted along with the lot line adjustment, it would allow for additional decking on the back of house. Planner Walgren stated that with the additional 40 feet of land, the side yard setback would remain at 20 feet and would allow an additional 40 feet east of the house for decks, accessory structures, arbors, etc. .He. questioned what the owner was trying to accomplish by the variance. Commissioner Caldwell stated that she had a problem with the "boot strap approach" that has been taken to justify the variance on the basis of the slope that exists on the site. The slope was the reason the site did not meet the minimum lot size requirement per the zoning ordinance. She noted that the city has never approved this type of variance. Therefore, she could not support the variance. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO REOPEN THE PUBLIC HEARING AT 9:50 P.M. PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 17 - Commissioner Siegfried asked Mr. Chadwick what he proposes to do with the house if the 40 feet variance were granted. Mr. Chadwick responded that the 40 feet would provide a back yard. However, he proposed that no structure is to be built. Commissioner Siegfried inquired if Mr. Chadwick was proposing the installation of additional decking to the back of the house because as it now stands, decking would not be allowed in the back of the house. Mr: Chadwick responded that the 40 feet might allow the installation of a raised deck in the back of the house but that it would only go to the original property line, if that. Commissioner Siegfried asked Mr. Barkas if additional decking was to be built within the existing 20 feet of backyard area, would that be of concern to him. Mr. Barkas responded that it would not be of concern to him so long as it does not encroach into the additional 40 feet. COMMISSIONERS PATRICK /CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:51 P.M. COMMISSIONERS CALDWELL/KAPLAN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION TO DENY V -94 -015 ON THE BASIS THAT THE FINDINGS TO GRANT THE VARIANCE COULD NOT BE MADE (I.E., THE SLOPE OF THE PROPERTY DETERMINES THE MINIMUM LOT SIZES). Commissioner Siegfried commented that he would not support the motion as he has never granted a variance to create a lot /house that would not otherwise have been created. He stated that he did not have a problem in granting variances to additions to houses. It seemed that this variance would allow Mr. Chadwick to do something that he could not do with the existing lot. Chairman Asfour concurred with Commissioner Siegfried's comments because he felt that it would be granting, of a special privilege. THE MOTION CARRIED 6 -0 (COMMISSIONER MURAKAMI ABSENT). City Attorney Riback clarified that the Commission directed staff to prepare a resolution and that the public hearing was closed. The item would appear on the consent calendar of the November 22 meeting with the resolution reflecting the Commission's action. Final action would take place on November 22. 8. DR -91- 006.2- 21152 Chadwick Ct., request for a second one -year extension of time for a Design Review approval to construct a new 5,416 sq. ft. two -story residence per Chapter 15 of the City Code. The site is approximately 2.79 acres and is located within the Hillside Residential (HR) zoning district. Planner Walgren presented the staff report. Commissioner Caldwell commented that the neighbors have raised the issue of new development that has occurred in the area. It has given the neighbors and others cause to look PLANNING COMMISSION MINUTES NOVEMBER 22, 1994 PAGE -2- THE MOTION CARRIED 5 -0 -1 (COMMISSIONER MURAKAMI ABSTAINING AND COMMISSIONER CALDWELL ABSENT). ORAL COMMUNICATION No comments were offered. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 18, 1994. TECHNICAL CORRECTIONS TO PACKET Planner Walgren informed the Commission that there were two minor corrections as follows: 1. Item No. 8, Page 46, condition 14 of the approval resolution, the City Arborist has revised the security deposit amount from $8,781 to $6,897. 2. Item 11, page 87, under the discussion of the trees that would be necessary to be removed, the report should be corrected to note that a total of 16 trees would be removed to accommodate construction. Seven trees are recommended for removal and nine trees could otherwise remain but are within the proposed building envelop. PUBLIC HEARING CONSENT CALENDAR 1. LL-94 -002 - Chadwick & Barkas; 21152 Chadwick Ct. & 13245 request for Lot Line V -94 -015 - Padero Ct., Adjustment approval to relocate an existing lot line between a 2.07 acre parcel and a 2.79 acre parcel per Chapter 14 of the City Code. A Variance is also required to allow one parcel to be under the minimum lot size requirement based on the parcel's new average site slope per Chapter 15 of the City Code. Both parcels are located within the Hillside Residential (HR) zoning district. (Cont. from the 11/9/94 public hearing. to adopt Resolutions of denial; application expires 4/19/95): COMMISSIONERS PATRICK /SIEGFRIED MOVED. TO APPROVE CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 6 -0 (COMMISSIONER CALDWELL ABSENT). PUBLIC HEARING CONSENT CALENDAR 2. SD -94 -002 - Lester/Von Dorsten; 14120 Saratoga. Avenue, request for and DR -94 -011 - Tentative Parcel Map, Design Review Variance approvals to subdivide DR -94 -012 - a 1.3 acre parcel into two (2) separate parcels and to construct two new _ 04 ITEM #7 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL &LEALBEftS: Ann Marie Burger Paul E. ,Jacobs M E M O R A N D U M Gillian e Moron Karen Tucker Donald L. Wolfe TO: Planning Commission FROM: Paul Rermoyan, Assistant Planner DATE: November 9, 1994 SUBJECT: Lot Line Adjustment-#94-002 & Variance #94 -015 Chadwick & Barkas; 21152 Chadwick Ct. & 13245 Padero Ct. Discussion: This item was originally scheduled for the August 10, 1994 Planning Commission meeting but was continued to the September 28, 1994 meeting at the request of the applicant (Mr. Barkas) in order to resolve some additional issues pertaining to the item. Because several of the issues remained unresolved, the item was continued for a second time from the September meeting to a date uncertain. Since that time, all of the outstanding issues have been resolved and the item was renoticed for the November 9th meeting. Correspondence: The City has received correspondence from surrounding neighbors expressing objection to the Lot Line Adjustment and Variance applications. The major concerns noted within several of the attached letters are as follows: Safety - * The future driveway to the previously approved residence on Parcel B is a safety hazard to the entire neighborhood because it will cause adverse environmental damage. * The new development lacks proper site drainage and buffers to soften impacts on the environment and the neighborhood.. * The City's approvals of the two adjacent homes within the Chadwick Place Subdivision lack proper drainage and visibility mitigation measures. Printed on recycled paper. File No. LL -94 -002 & V -94 -015; 21152 Chadwick Ct.& 13245 Padero Ct. Visibility and Privacy - * The Lot Line. Adjustment will add to the buildable envelope of Parcel B which would, therefore, open up possibilities of constructing a larger house or additional ridgeline structures. * A house constructed on Parcel B will create an invasion of privacy, building density, and view obstruction to adjacent properties. History - * Previous approvals within the subdivision have intensified off -site drainage impacts and created visibility concerns. The neighbors have requested the Commission's decision of the subject applications be delayed in order to further discuss the above concerns. Staff's review of the Lot Line Adjustment application and the neighbor's concerns reveals that they are unrelated. The neighbors are correct in that the Public Works Director has verified existing drainage erosion problems associated with the subdivision's storm water outfall. These problems have been identified and are being addressed by the City's Public Works Department independent of this application. This current application is a request to relocate an exiting lot line between two parcels. Because the lot size of both . parcels will remain unchanged, the adjustment will in no way allow the property owners to construct larger residences. Concerns regarding bulk and mass, privacy and view blockage were originally reviewed during-the Design Review process for a.home on Parcel B. The Planning Commission, at that time, was able to make all of the required findings to grant application approval. In addition, conditions of Design Review approval on Parcel B require that the 'City's Geotechnical Consultant and Public Works Director review final drainage plans in order to preserve the slope's stability. Section 66412 of the Subdivision Map Act - governing lot line adjustments states that: 11 ... an advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting. from a lot line adjustment will conform to local zoning and building ordinances.11 Staff's review of the Lot Line Adjustment request indicates that both parcels will conform to all.building, zoning and subdivision ordinance regulations including parcel dimensions, residence floor File No. LL -94 -002 & V -94 -015; 21152 Chadwick Ct.& 13245 Padero Ct. area, required setbacks and impervious coverage. Staff's review of the Variance request, as discussed within the attached Staff Report, reveals that all the required findings can be recommended. Recommendation: Approve the application by adopting Resolutions LL -94 -002 and V -94- 015. Attachments: 1. Resolutions LL -94 -002 and V -94 -015 2. Staff Report dated 8/10/94 3. Correspondence 4. Plans, Exhibit "A" REPORT TO THE PLANNING COMMISSION Application No. /Location: LL -94 -002 & V -94 -015; 13245 Padero- t. /Chadwick C Applicant/ Owner: garkas /Chadwick Staff Planner: Paul Kermoyan Date: August 10, 1994 I, APN: 503-15-037 & 503-15-041 Director Approval: l�/ File No. LL -94 -002 & V -94 -015; 13245 Padero Ct. & Chadwick Ct. EXECUTIVE - SUMMARY CASE HISTORY: Application filed.: 3/28/94 Application complete: .7/20/94 Notice published: 7/27/94 Mailing completed: 7/28/94 Posting completed: 7/21/94 PROJECT DESCRIPTION: Request for Lot Line Adjustment approval to relocate an existing lot line between a 2.07 acre parcel and a 2.79 acre parcel per Chapter 14 of the City Code. A Variance is also required to allow one parcel to be under the minimum lot size requirement based on the parcel's new average site slope per Chapter 15 of the City Code. Both parcels are located within the Hillside Residential .(HR) zoning district. STAFF RECOMMENDATION: Approve the application by adopting Resolutions LL -94 -002 and V -94- 015. ATTACHMENTS:- 1. Staff Analysis 2. Resolutions LL -94 -002 & V -94 -01.5 3. Site Plan, Exhibit "A" File No. LL -94 -002 & V -94 -015; 13245 Padero Ct. & Chadwick Ct. STAFF ANALYSIS ZONING: Hillside Residential (HR) GENERAL PLAN DESIGNATION: Residential Hillside Conservation (RHC) PARCEL SIZE: EXISTING PROPOSED CODE REQUIREMENT/ ALLOWANCE Parcel A: 2.07 acres * 2.07 acres * 5.82 acres ** Parcel B: 2.79 acres * 2.79 acres * 4.24 acres ** AVERAGE SITE SLOPE: EXISTING Parcel A: 41% Parcel B:, 33 LOT COVERAGE: EXISTING Parcel A: 6,025 s.f.(5 %) Parcel B: 0 s.f. FLOOR AREA: EXISTING HOUSE SIZE Parcel A: 2,709 s.f. Parcel B: 0 s.f. SETBACKS: PROPOSED 42% 33% PROPOSED 6,025 s.f.(5 %) 7,919 s.f. (7 %) EXISTING CODE REOUIREMENT ALLOWANCE 5,766 s.f. 6,180 s.f. PROPOSED Parcel•A: Front: 34 ft. Rear: 220 ft. Right Side: 27 ft. Left Side: 106 ft. Parcel B: Front: 65 ft. Rear: 460 ft. Right Side: 80 ft. Left Side: 37 ft. CODE REQUIREMENT/ ALLOWANCE 15,000 s.f. 15,000 s.f. PROPOSED CODE REQUIREMENT/ ALLOWANCE 5,766 s.f. 6,180 s.f. CODE REQUIREMENT ALLOWANCE Front: 30 ft. Rear: 50/60 ft. Right Side: 20 ft. Left Side: 20 ft. Front: 30 ft. Rear: 50/60 ft. Right Side: 20 ft. Left Side: 20 ft. * Parcel size is the same due to even exchange of land ** Existing Non - conforming File No. LL -94 -002 & V -94 -015; 13245 Padero Ct. & Chadwick Ct. PROJECT DISCUSSION: The two lots are cul -de -sac parcels, one of which is developed with a single- family residence (Parcel A) while the other remains undeveloped (Parcel B). The two properties are contiguous to each other in that one parcel's rear yard abuts the other parcel's side yard. Both sites are characterized by relatively steep hillside topography with average slopes of 33 and 41 percent. The proposed Lot Line Adjustment will involve the equal transfer of relatively rectangular portions of land between the two parcels. Although each parcel's lot size will remain unchanged, the average site slope of one parcel will slightly increase because the adjustment will involve the transfer of unequally sloped sections of land.. Both parcels are presently considered legal non - conforming in that they do not conform to the City's current minimum net site area requirement. These parcels were created under the provisions of the previous Ordinance which required a minimum net lot size of 1 acre. The current Ordinance, adopted in 1992, requires a minimum net lot size of 2 acres plus an increase in parcel size based on the parcel's average site slope. Actions and Limitations: Section 66412 of the Subdivision Map Act governing lot line adjustments states that "...an advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from a lot line adjustment will conform to local zoning and building ordinances." Staff's review of the Lot Line Adjustment indicates that Parcel B, although non - conforming in existing site area, will not increase its degree of non - conformity since its average site slope to lot size ratio will remain unchanged. On the other hand, Parcel A's existing non - conforming situation will be intensified because the lot line adjustment will increase the parcel's average site slope by approximately 1% and, therefore, require a greater net site area. Variance: The applicant is applying for Variance approval to allow Parcel A to deviate from the minimum net site area requirement due to its increase in average slope. Staff feels that the Variance findings can be supported 'because; a) the allowed buildable floor area on the site will remain unchanged since the existing and proposed average slopes are over 30 %; b) the lot size will remain unchanged; c) the adjusted area which contributes to the increase in site - slope is considered undevelopable land, and; d) the regulation .which determines minimum site area based on average site slope was intended for newly created parcels. Therefore, staff can recommend File No. LL -94 -002 & V -94 -015; 13245 Padero Ct. & Chadwick Ct. all of the required Variance findings which support that there are special topographic circumstances applicable to the property which would deprive the applicant of privileges shared by other property owners who have minimally sloped parcels. Summary: Both parcels will conform to all building; zoning and subdivision ordinance regulations including parcel dimensions, residence floor area, required setbacks and impervious coverage. RECOMMENDATION Approve the application by adopting Resolutions LL -94 -002 and V -94- 015. I= The Neighbors on Chiquita Way, and Padero Ct. August 9, 1994 THE PLANNING COMMISSION City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070. Request for a Delay of the commissioners' decision on the request for lot line adjustment, LL -94 -002; V -94 -015. Members of the Planning Commission: We respectfully request that the commissioners delay the decision on the lot.line adjustment, LL -94 -002; V -94 -015, until the impacts of the development of parcel B are fully reviewed and disclosed to the community. Please refer to the attached maps for the following discussions. The property owner of parcel B requested an adjustment to the lot line between parcels A and B. The adjustment mainly increases the buildable area of parcel B. At the public hearing on Nov 10, 1993, both the Pionteks and the Starks have raised the concern of potential problems due to the location of the lot line between parcels Band C. Namely, the construction of a hillside driveway which violates many provisions in the city ordinances. We question why the property owner'is requesting adjustment to a lot line that is mainly beneficial only to the property owner, and yet ignores the request to adjust the lot line that causes neighborhood problems. The priority is obviously made only to the property owner with total disregard to the neighborhood impacts. We have had many bad experiences in the recent past, and it leads us to believe that it is important for the .property owner and the city. to address all of the lot line issues as a whole and to discuss the full impact of the requested adjustment with the community. We have several specific concerns: 1. There is a history of the developments on this hill involving changes that lead to more changes. All of those approved changes were noted by the applicants to pose no impact, and yet, they were in fact detrimental to the neighborhood. As a result, the neighbors have to remedy or suffer the conse- quences of those changes. There has been definite insensitiv- ity to the - existing residences, and there has been a lack of _ forth -right disclosure. We can quote.many such cases, and yes, we have become suspicious of changes. For all we know, this adjustment may also lead to additional negative impacts. 2. There is an existing dirt path on parcel B that is currently used by all visitors. The lot line between parcels B and C appears to be intentionally located such that the existing dirt path cannot be used for the driveway to the new house on parcel B. This lot line forces the drive.way to be cut into the side of the steep hill. The cut has to be wide enough and strong enough to support a fire truck and will be several hundred feet long. This drive way will be right next to the backyard of two existing houses. It is a safety hazard for the new house as well as the entire neighborhood. It follows .the path that causes the most adverse environmental impacts, it violates many provisions in the city ordinance, and is a major encroachment to what is left of the natural hillside. 3. Any new development is supposed to provide buffers to soften its impacts on the environment and neighborhood. It is supposed to also provide a plan for proper drainage. We have not seen any plan so far and we fear that history will repeat itself, that no buffer or proper drainage will be in place. We have additional concerns of headlights shining into our living. areas, and their storm water causing erosion. and flooding the neighborhood. It is not too late to work -on minimizing the impacts of the development of parcel B on the neighborhood. A minor adjustment to the lot line between parcels B and C., and a relocation of the driveway will prove to be .beneficial to the neighborhood, the property owner, and the environment. We request that the commissioners delay the decision, and the city conducts discussion sessions to iron.out the concerns. We feel that the discussions will benefit everyone. The little delay upfront might resolve many neighborhood problems in the future. As a next step, we would like to invite all of the planning commis- sioners out to our neighborhood, to see first hand the negative impacts of what is happening as a result of this Chadwick project. Sincerely, The Starks, 21247 Chiquita Way The Pionteks, 21195 Chiquita Way The Niemans, Padero Ct. \. O 10 o 2030 i b 100 `i{ 1 Pmt (zo I 1 1 ( G i I I I,OT L111LS AD11151MIENT TAnla ►ARCRL A ►ARCR1.1 mG11010 I RXL111TIG ►RO►G1®. ARRA (AC) 1.061 2.111 1.766 L1►1 AVERAGE IL.O►E 10. 90 i 71.90 11.890 MMIDEW IF 1 1 ( G i I I I,OT L111LS AD11151MIENT TAnla J ►ARCRL A ►ARCR1.1 mG11010 ►ROPMUD RXL111TIG ►RO►G1®. ARRA (AC) 1.061 2.111 1.766 L1►1 AVERAGE IL.O►E 10. 90 11.110 71.90 11.890 MMIDEW IF 110E 0 1 1111 RRGuc11011 Go% 100 600 400 rACFOR REDUCED Rt■ .891 .111 1.111 1.010 AREA IF FOR 11001 1010 1010 110612.071 1"1 I1111..m1 Iln Folt 40001 1000 6000 1111..010 - IA 6601..070 ►'• MAXIMUM AILOWA1Il rCOOR AREA 1611 SMI 1110 1111 J Ir ...... ................ �,.;*F7, -w / �^ • i '1 11 I t I I , 1 /I� / / S1 iw ; t -� hv nitre, SITE Ppk.K 4t) . . #.% RECEIVED August 11, 1994 AUG 3 0 1994 PLANNING DU -T, Planning Commissioners City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 -5199 RE: LL -94 -002 Barkas, Chadwick, 13245 Padero Court & a vacant parcel on Chadwick Court V -94 -015 When Daisy Stark addressed you at the August 10, 1994, Planning Commission meeting, she focused primarily on the concerns of neighboring properties on Chiquita Way. Although we concur with these concerns, this letter addresses our concerns about the request from the Padero Court perspective. We do not believe that the lot line adjustment should be granted for the following reasons: . 1. Safety: The Barkas property sits on a sliding hillside. During the rains in the early 1980's, the former owners left the house in fear of a mud wash. After the rains, they built two of the four retaining walls holding the hillside over the house. The hillside slips and slumps in constant movement toward Padero Court. In all, there are five levels of retaining walls on the Barkas property. During those rains, residents of Padero Court were evacuated due to threat of flooding of Calabasas Creek. Padero Court is a blind cul -de -sac. A slide on the Barkas property could block the only emergency escape for the residents of Padero Court. We cautioned the Planning Commission when approving the Chadwick proposal two years ago, and are still not comfortable with the proposal to build a 5,700 square foot house with adjoining patios and driveways without a drainage plan or a plan to support the crumbling hill under the house at the top of this slide. Approval of the lot line adjustment only adds land to the face of the Chadwick parcel. The deeper set -back opens up possibilities moving the house pad for an even larger house and would allow for the addition of more ridgeline structures, i.e., pool, decks, fences, etc. 2. Visibility and privacy: A house built on the pad as proposed will loom over the neighboring properties on Padero Court. Standing on the Chadwick building pad, one looks into the swimming pool at the David House residence, and into the house and back patio of the Bernard Nieman residence. The proposed structures on the Chadwick property will sit squarely on top of the Barkas and House homes on Padero Court with a diminished set -back. This invasion of privacy, building density, and view obstruction are not within the code and philosophy of Saratoga's Hillside Development Plan. 3. History: The Chadwick - Cocciardi story is slowly fading from the memories of the City of Saratoga Planners and Planning Commission, but not from the neighboring residents. As building is approved and appears on the hillside, we are further reminded of the City's betrayal and lack of consideration and protection of existing developed properties. Just look at the Campbell house, 21258 Chadwick Court, built on fill moved in by illegal grading which created a "buildable lot." The adjoining Hong residence, 21210 Chadwick Court, with land cut and filled, butts right up against it. Both are built on the ridge line without adequate drainage consideration or visibility impact concerns to protect the neighboring properties. Revegetation plans seem to have fallen victim to negotiations and compromises with the developers and new builders. Changes made after Planning Commission approval of the sites surprised the neighbors with larger than expected houses, changed and less buffer vegetation, and created misunderstanding and hostility between neighbors. Planning Commissioners, Ck Saratoga 8/11/94 page 2 We don't trust the developer and lack confidence in the City of Saratoga. The request for a variance is suspect, leaving an illogical lot line wrapping the Barkas property around the neighboring House property and visually downsizing an already non - conforming lot. It changes the Chadwick parcel to accommodate more imposing structures on a geologically unstable hillside. Just what is up? This sensitive land demands a total and comprehensive plan rather than piecemeal plans, changes, variances, and more changes. With the present available information about this proposal, wer uest that it be denied. Submitted y: } �! Name: Address: August 11, 1994 Planning Commissioners City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 -5199 RE: LL -94 -002 Barkas, Chadwick, 13245 Padero Court & a vacant V -94 -015 parcel on Chadwick Court When Daisy Stark addressed you at the August 10, 1994 Planning Commission meeting, she focused primarily on the concerns of neighboring properties on Chiquita Way. Although we concur with these concerns, this letter addresses our concerns about the request from the Padero Court perspective. We do not believe that the lot .line adjustment should be granted for the following reasons: 1. Safety: The Barkas property sits on a sliding hillside. During the rains in the early 1980's, the former owners left the house in fear of a mud wash. After the rains, they built two of the four retaining walls holding the hillside over the house. The hillside slips and slumps in constant movement toward Padero Court. - In all, there are five levels of retaining walls on the Barkas property. During those rains, residents of Padero Court were evacuated due to threat of flooding of Calabasas Creek. Padero Court is a blind cul -de -sac. A slide on the Barkas property could block the only emergency escape for the resident's of Padero Court. We cautioned the Planning Commission when approving the Chadwick proposal two years ago, and are still not comfortable with the proposal to build a 5,700 square foot house with adjoining patios and driveways without a drainage plan or a plan to support the crumbling hill under the house at the top of this slide. Approval of the lot line adjustment only adds land to the face of the Chadwick parcel. The deeper set -back opens up possibilities moving the house pad for an even larger, house and would allow for the addition of more ridgeline structures, ie pool, decks, fences,.etc. 2.' Visability and privacy: A house built on the pad as proposed will loom over the neighboring properties on Padero Court. Standing on the Chadwick building pad, one looks into the swimming pool at the David House residence, and into the house and back patio of the Bernard Nieman residence. The proposed structures on the Chadwick property will sit squarely on top of the Barkas and House homes on Padero Court with a diminished set -back. This invasion of privacy, building density, and view obstruction are not within the code and philosophy of Saratoga's Hillside Development Plan.. 3. History: The Chadwick- Cocciardi story is slowly fading from the memories of the City of Saratoga Planners and Planning Commission, but not from the neighboring residents. As building ri , , is approved and appears on the hillside, we are further reminded of the City's betrayal and lack of consideration and protection of existing developed properties. Just look at the Campbell house, 21258 Chadwick Court, built on fill moved in by illegal grading which created a "buildable lot." The adjoining Hong residence, 21210 Chadwick Court, with land cut and filled, butts right up against it. Both are built on the ridge line without adequate drainage consideration or visibility impact concerns to protect the neighboring properties. Revegetation plans seem to have fallen victim to negotiations and compromises with the developers and new builders. Changes made after Planning Commission approval of the sites surprised the neighbors with larger than expected houses, changed and less buffer vegetation, and created misunderstanding and hostility between neighbors. We don't trust the developer and lack confidence in the City of Saratoga. The request for a variance is suspect, leaving an illogical lot line wrapping the Barkas property around the neighboring House property and visually downsizing an already non - conforming lot. It changes the Chadwick parcel to accomodate more imposing structures on a geologically unstable hillside. Just what is up? This sensitive land demands a total and comprehensive plan rather than piecemeal plans, changes, variances, and more changes. With the present available information about this proposal, we request that it be denied. S11hmi t t Pd by Nam( Address: JJ V �a. C It 9 070 LIA T11"'U `7Y / -SI y7 August 11, 1994 .RECEIVED AUG 15 1994 Planning Commissioners PLANNING DEPT. City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 -5199 RE: LL -94 -002 Barkas, Chadwick, 13245 Padero Court & a vacant V -94 -015 parcel on Chadwick Court When Daisy Stark addressed you at the August 10, 1994 Planning Commission meeting, she focused primarily on the concerns of neighboring properties on Chiquita Way. Although.we concur with these concerns, this letter addresses our concerns about the request from the Padero Court perspective. We do not believe that the lot line adjustment should be granted for the following reasons: 1. Safety: The Barkas property sits on a sliding hillside. During the rains in the early 19.80's, the former owners left the house in fear of a mud wash. After the rains, they built two of the four retaining walls holding the hillside over the house. The hillside slips and slumps in constant movement toward Padero Court. In all, there are five levels of retaining walls on the Barkas property. During those rains, residents of Padero Court were evacuated due to threat of flooding.of Calabasas Creek. Padero Court is a blind cul -de -sac. A slide on the Barkas property could block the only emergency escape for the residents of Padero Court. We cautioned the Planning Commission when approving the Chadwick proposal two years ago, and are still not comfortable with the proposal to build a 5,700 square foot house with adjoining patios and driveways without a drainage plan or a plan to support the crumbling hill under the house at the top of this slide. Approval of the lot line adjustment only adds land to the face of the Chadwick parcel. The deeper set -back opens up possibilities moving the house pad for an even larger house and would allow for the addition of more ridgeline structures, ie pool, decks; fences, etc. 2. Visability and privacy: A house built on.the pad as proposed will loom over the neighboring properties on Padero Court. Standing on the Chadwick building pad, one looks into the swimming pool.at the David House residence, and into the house and back patio of the Bernard Nieman residence. The proposed structures on the Chadwick property will sit squarely on top of the Barkas and House homes on Padero Court- with a diminished set -back. This invasion of privacy, building density, and view obstruction are not within the code and philosophy of Saratoga's Hillside Development Plan. 3. History: The Chadwick- Cocciardi story is slowly fading from the memories of the City of Saratoga Planners and Planning Commission, but not from the neighboring residents. As building is approved and appears on the hillside, we are further reminded of the City's betrayal and lack of consideration and protection of existing developed properties. Just look at the Campbell house, 21258 Chadwick Court, built on fill moved in by illegal grading which created a "buildable lot." The adjoining Hong residence, 21210 Chadwick Court, with land cut and filled, butts right up against it. Both are built on the ridge line without adequate drainage consideration or visibility impact concerns to protect the neighboring properties. Revegetation plans seem to have fallen victim to negotiations and compromises with the developers and new builders. Changes made after Planning Commission approval of the sites surprised the neighbors with larger than expected houses, changed and less buffer vegetation, and created misunderstanding and hostility between neighbors. We don't trust the developer and lack confidence in the City of Saratoga. The request for a variance is suspect, leaving an illogical lot line wrapping the Barkas property around the neighboring House property and visually downsizing an already non - conforming lot. It changes the Chadwick parcel to accomodate more imposing structures on a geologically unstable hillside. Just what is up? This sensitive land demands a total and comprehensive plan rather than piecemeal plans, changes, variances, and more changes. With the present available information about this proposal, we request that it be denied. Submitted y: Name: G Ow August 11, 1994 Planning Commissioners City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 -5199 RECEIVED AUG 18 1994 PLANNING DER RE: LL -94 -002 Barkas, Chadwick, 13245 Padero Court & a vacant V -94 -015 parcel on Chadwick Court When Daisy Stark addressed you at the August 10, 1994 Planning Commission meeting, she focused primarily on the concerns of neighboring properties on Chiquita Way. Although we concur with these concerns, this letter addresses our concerns about the request from the Padero Court perspective. We do not' believe that the lot line adjustment should be granted for the following.reasons: 1. Safety: The Barkas property sits on a sliding hillside. During the rains in the early 1980's, the former owners left the house in fear of a mud wash. After the rains, they built two of the four retaining walls holding the hillside over the house. The hillside slips and slumps in constant movement toward Padero Court. In all, there are five levels of retaining walls on the Barkas property. During those rains, residents of Padero Court were evacuated due to threat of flooding of Calabasas Creek. Padero Court is a blind cul -de -sac. A slide on the Barkas property could block the only emergency escape for the residentss of Padero Court. We cautioned the Planning Commission when approving the Chadwick proposal two years ago, and are still not comfortable with the proposal to build a 5,700 square foot house with adjoining patios and driveways without a drainage plan or a plan to support the crumbling hill under the house at the top of this slide. Approval of the lot line adjustment only adds land to the face of the Chadwick parcel. The deeper set -back opens up possibilities' moving the house pad for an even larger house and would allow for the addition of more ridgeline structures, ie pool, decks, fences, etc. 2. Visability and privacy: A house built on the pad as proposed will loom over the neighboring properties on Padero Court. Standing on the Chadwick building pad, one looks into the swimming pool at the David House residence, and into the house and back patio of the Bernard Nieman residence. The proposed structures on the Chadwick property will sit squarely on top of the Barkas - and House homes on Padero Court with a diminished set -back. This invasion of privacy, building density, and view obstruction are not within the code and philosophy of Saratoga's Hillside Development Plan. 3. History: The Chadwick- Cocciardi story is slowly fading from the memories of the City of Saratoga Planners and Planning Commission, but not from the neighboring residents. As building is approved and appears on the hillside, we are further reminded of the City's betrayal and lack of consideration and protection of existing developed properties. Just look at the Campbell house, 21258 Chadwick Court, built on fill moved in by illegal grading which created a "buildable lot." The adjoining Hong residence, 21210 Chadwick Court, with land cut and filled, butts right up against it. Both are built on the ridge line without adequate drainage consideration or visibility impact concerns to protect the neighboring properties. Revegetation plans seem to have fallen victim to negotiations and compromises with the developers and new builders. Changes made after Planning Commission approval of the sites surprised the neighbors with larger than expected houses, changed and less buffer vegetation, and created misunderstanding and hostility between neighbors. We don't trust the developer and lack confidence in the City of Saratoga. The request for a variance is suspect, leaving an illogical lot line wrapping the Barkas property around the neighboring House property and visually downsizing an already non - conforming lot. It changes the Chadwick parcel to accomodate more imposing structures on a geologically unstable hillside. Just what is up? This sensitive land demands a total and comprehensive plan rather than piecemeal plans, changes, variances, and more changes. With the present available information about this proposal, we request that it be denied. suDm: Name: Address. 37`� -I 0 C��e1AC Sc- Oct /CI a Ca- �� 070 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �,� AGENDA MEETING DATE: 01/04/95 CITY ORIGINATING DEPT.: Community Development�� ITEM: MGR: SUBJECT: Request for Variance approval to construct a five foot high wrought iron fence and entry gate within the required front yard setback where three feet is the maximum height permitted pursuant to Chapter 15 of the City Code. Recommended Motion(s) : Deny the appellant's request and uphold the Planning Commission's action to deny the Variance request. Report Summary: Planning Commission Action - On November 9, 1994, the Planning Commission reviewed and approved the applicant's request for a Lot Line Adjustment to relocate the east side property line to better accommodate perimeter fencing, which was required by the City Building Department to enclose an existing swimming pool pursuant to Chapter 16 of the City Code. The proposed fence also involved a Variance request to allow it to be located within the required front yard setback. The Planning Commission denied this request (5 -1) based on the following: 1. No special circumstance unique to'the subject property exist that prohibits the installation of a fence to enclose the existing pool. 2. Reasonable fencing alternatives exist that would allow the pool area to be enclosed and conform with the Zoning regulations. Zoning Ordinance Requirements - The maximum permitted fence height within the required front yard (30 feet) is three feet and the applicants are proposing five feet to meet the pool fencing requirements. In order to conform with the Zoning Ordinance requirements, the proposed fence would have to be shifted back a minimum of 30 feet from the front property line. Applicants' Appeal - The applicants are appealing the Planning Commission's decision denying the Variance. A letter of correspondence from the applicants' attorney /representative to the City Clerk is attached. Photos and correspondence from the Cornelius' neighbors were also submitted as support for the Variance and are included in Exhibit A. The applicants feel the Variance request is justified due to "universal neighborhood support," lack of visibility of the fence due to existing vegetation, and their desire to utilize existing brick work. However, none of these meet the legal findings required to approve the Variance. The applicants' letter to the Planning Commission (included in Exhibit "A") expands further on the applicability of special circumstances unique to the subject property. However, none of the reasons stated prohibit placing the proposed fence outside of the required front yard. Cornelius Appeal January 4, 1994 Page 2 Fiscal Impacts: None Advertising, Noticing and Public Contact: Notices were mailed to surrounding property owners within 500 feet of the subject property. Notices were also posted at City Hall and advertised in the newspaper. Consequences of Not Acting on the Recommended Motion: Approval of the Variance would allow the applicants to construct the fence within the required front yard. Follow Up Actions: Resolution reflecting City Council's action to be placed on the January 18 meeting agenda. Attachments: 1. Planning Commission Resolution V -94 -018 2. Applicant's appeal letter dated 11/16/94 3. Planning Commission Minutes dated 10/26/94 & 11/09/94 4. Planning Commission Staff Report dated 10/26/94 5. Plans, Exhibit "A" Lynn \wp \forms \exesumm r� 0 RESOLUTION NO.,V -94 -018 0 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Cornelius; 14199 Short Hill Court WHEREAS, the City of Saratoga Planning Commission has received an application for the Variance approval to allow a five foot high fence and entry gate within a required 30 foot front yard where three feet is the maximum permitted; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the applicants have not met the burden of proof required to support said application, and the Planning Commission makes the following findings: (a) Special circumstances applicable to the property, including size, shape, topography, location or surroundings do not exist which would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district in that there is no physical circumstance that prohibits placing the fence outside of the required 30 foot front yard; and (b) That the granting of the variance would constitute a grant of special privilege inconsistent with the limitations 'on other properties in the vicinity and classified in the same zoning district in that the fence could be shifted back 30 feet and still meet the pool fencing requirement and not have a significant impact on the property. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the application of Cornelius for Variance approval be and the same is hereby denied. Section 2. 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 adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 9th day of November, 1994 by the following vote: AYES: Commissioners Abshire, Asfour, Caldwell, Kaplan .&, Patrick NOES: Commissioner Siegfried ABSENT: Commissioner Murakami I i • File Nos. LL- 94 -00O& V -94 -018; 14199 & 1 321 bhort Hill Court Chairman, Planning/ Commission ATTEST: Secretary, Planning Commission 0 .. t .. Date Received: -- Hearing Date: 74g� Feet $450 Receipt NO-: 2 C� • E C F, �1 D NOV 1 6 1994 CITY OF SAI. ,l A'TGGA CITY .lci'1:AN GEi'i15 OFFICE_ APPEAL APPLICATION Name of Appellant :.. 1�ichael Kay, Pritchard and Kay Address: 255 North Market Street Telephone: (408) 292 -2434 Name of Applicant (if Harold and Rillie Cornelius different from Appellant: Project File Number and Addrese: V -94 -018; 14199 Short Hill Court, Saratoga Decision Being Appealed: Denial of Request for Variance Grounds for Appeal (letter may be attached):. See attached documentation. *Appellant's i a rn Michael Kay, o PRITCHARD and KAY *Please do not sigA until application is presented at City offices. If you wish specific people to be notified of this appeal, please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED TO THE CITY CLERK, 13777 FRUITVALE AVENUE, SARATOGA CA 95070, BY 5 :00 P.M. WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE OF THE DECISION. File No. AUTHORIZATION FOR PUBLIC NOTICING 11 Michael Kay , as appellant authorize Engineering Data Services to perform above file. Date: 11 -14 -94 Signature: this above file, hereby noticing on the r • • LAW OFFICES PRITCHARD AND KAY 255 NORTH MARKET STREET SUITE 190 SAN JOSE, CALIFORNIA 95110 TELEPHONE (408) 292 -2434 MICHAEL KAY' -AI.JO ADMITTRI) TO PRACTICH IN TIIIE DISTRICT OF COI.VMIIIA. FLORIDA AND H.I.INO19 November 16, 1994 Via Personal Delivery City Clerk CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Appeal of Denial of Application for Variance PLANNING COMMISSION RES. NO. V -94 -018 Owners: Harold and Rillie Cornelius Property: 14199 Short Hill Court Greetings: FACSIMILE 4408) 292 -1264 We represent Harold and Rillie Cornelius, who are the owners of the above referenced property. Transmitted herewith are materials as detailed below, which constitute their appeal of the decision of the Saratoga Planning Commission denying a variance. The denial was made by Planning Commission Resolution No. V -94 -018. 1. Appeal Application 2. Filing fee in the amount of $450.00 3. Eight (8) reduced copies of drawings showing the proposed fence line 4. Eight (8) copies of drawings of the proposed fence 5. Eight (8) copies of correspondence from this law firm related to the original application as submitted to the Planning Commission 6. Eight (8) sets of correspondence from the Cornelius' neighbors indicating their approval of the proposed fence and support for the variance 7. Eight (8) sets of photographs showing • • fences constructed within the setback in the general vicinity of the applicants' property This application arises because of the city's requirement that outdoor swimming pools be fenced. There has been universal support for this application by the neighbors on Short Hill Court. No objection from any member of the public to the application was raised at the Planning Commission's public hearing. This fence will be largely hidden by existing landscaping. If the fence is constructed entirely outside the setback, it will cut through an exiting fruit orchard. In addition, construction of the fence, as proposed, utilizes existing brickwork already located on both sides of the driveway. Construction as proposed is the most appropriate and natural to the premises as they exist today. We trust that the information and documentation as submitted will permit you to favorably consider this application. Should you believe further information or discussions would be helpful, please advise us. In addition, should any additional documentation be helpful, please do not hesitate to contact us. 4 ul Ve y y ours PRIT D and KAY Michae Kay cc: Harold and Rillie Cornelius PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 7 - COMMISSIONERS SIEGFRIED /ABSHIRE MOVED TO APPROVE RESOLUTION NO. DR -94 -016 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 6 -0 (COMMISSIONER MURAKAMI ABSENT). 4. LL -94 -006 - Cornelius /Moore; 14199 & 14321 Short Hill Ct., request for Lot Line V -94 -018 - Adjustment to relocate a side property line between two parcels pursuant to Chapter 14 of the City Code. Parcel 397 -14 -023, Lands of Cornelius, is also requesting Variance approval to construct a five foot high wrought iron fence and entry gate within the required front yard setback where three feet is the maximum height permitted. The subject properties are approximately 40,000 sq. ft. and are located within an R -1- 40,000 zoning district. (Cont. from 10/26/94; application expires 2/26/95). Planner Walgren presented the staff report. Commissioner Kaplan inquired if staff discussed alternatives with the applicant. Planner Walgren responded that staff had the opportunity to discuss the various alternatives available with the applicant. Chairman Asfour opened this item to public hearing at 8:10 p.m. Pete Pritchard, 255 North Market Street, San Jose, representing the Corneliuses, requested that the co- applicant, Ron Moore, be allowed to address the Commission at this time. Ron Moore, 14231 Short Hill Drive, neighbor of the Corneliuses, informed the Commission that he spoke to the adjacent residents. The residents on Short Hill Court and Chester Avenue seem to think that the installation of an entry gate and wrought iron fence would be appropriate. Being the only adjacent neighbor, other than West Valley College, he stated his concurrence with the comments expressed by the neighbors. He felt that it would be more appropriate for the gateway to engulf the property and not shut off the access to the existing orchard. Commissioner Abshire asked if Mr. Moore would consider constructing a similar gate as proposed on his property. Mr. Moore responded that his property does not lend itself to such an entry gate because his house is closer to Short Hill Court where the Cornelius' home was setback further from Short Hill Court and would lend itself to a gateway fence. Commissioner Caldwell stated that there were two points raised in the letter attached to the staff report by Michael Way. The first point raised by Mr. Way was located on page 117, item C, second paragraph, states that the ability to build the fence was thwarted by the topography of the site. She requested that staff respond to this issue. Planner Walgren responded that the letter was referring to the various grade changes that occur at the back of the residence where the pool decking was located. It would be physically difficult for the Corneliuses to put the fencing immediately around the pool and the pool decking. He (Walgren) felt that there were other alternatives to fencing in the pool. An alternative which would not necessitate a PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 8 - variance would be to bring the fence 30 feet from the Short Hill property line to provide the enclosure requirements. The second question she (Caldwell) had dealt with the statement that an inspector advised the applicant that he could not cite the owner for a five foot fencing around the pool if he could see the situation from the street. Community Development Director Curtis responded that he did not know what that statement meant. Commissioner Caldwell clarified that an inspector could cite a property owner if he observes a situation where there was not fencing around a pool on a public street. Mr. Pritchard stated that under certain circumstances variances could be granted and that the Commission could take into consideration such things as geographic, topography, or other physical conditions of the site or in the immediate vicinity. He felt that the most salient feature of the property was that it backs up to West Valley College. A six foot fence along the westerly side of the site exits that extends to the property under discussion. The six foot fence is partially located on top of a 20 foot high mound and that the fence shields the area from the football practice field. The chain link fence that extends right out to the street due to setbacks in certain locations was 18 to 20 feet above the street level. He felt that the mound was .the most prominent topographical feature that distinguishes this particular lot from the others. He informed the Commission that the fence would be located behind the trees and would extend out approximately ten feet. He felt that special circumstances exist that would apply to this property that would not apply to other properties in Saratoga. Commissioner Caldwell asked staff if the existing pilasters were considered structures under City code.. Planner Walgren responded that the columns would be considered as structures and that they were conforming structures. He informed the Commission that fencing was limited to three feet in maximum height in the front setback, but that you could have up to five foot tall columns and five foot open bar /open wire entrance gating. So the columns and the gating itself do not require the variance. However the perimeter five foot fencing would require a variance. Commissioner Caldwell stated that it was her perception that the applicant wanted to tie in the existing pilasters to the fence structure. She felt that it could be argued that the property created the special circumstance. COMMISSIONERS KAPLAN /CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:30 P.M. THE MOTION CARRIED 6 -0 (COMMISSIONER MURAKAMI ABSENT) . COMMISSIONERS CALDWELL /PATRICK MOVED TO APPROVE RESOLUTION NO. LL -94 -006 PER THE STAFF REPORT. THE MOTION CARRIED 6 -0 (COMMISSIONER MURAKAMI ABSENT). Commissioner Caldwell stated that a fence was warranted because having one would provide safety and security from a public stand point. She felt that some of the reasons behind the setback ordinance was to have front yards to be front yards and back yards to be back yards and not to have a gated community where there is visual intrusion right up in front of a property. On the other hand, the property already has the basics for the gate. She felt that PLANNING COMMISSION MINUTES NOVEMBER 9, 1994 PAGE - 9 - there could be some compromise to the situation. Commissioner Siegfried concurred with Commissioner Caldwell's comments. He felt that there were circumstances that could warrant a variance for the fence (i.e., topography, width of the site coupled with the fact that it fits up against the West Valley College area. He did not feel that it would set a precedent for the neighborhood and he did not feel that the site was noticeable. Commissioner Caldwell felt that the finding that could be made to grant the variance was the location of the existing pilaster structures. She felt that at some point, the property owner would need to install a driveway or that they would need to wrap the gate around the house. Commissioner Kaplan noted that there was an option to gate the swimming pool and not involve fencing the entire property. She stated that she would be inclined to go along with this alternative because she could not make the findings to approve the variance request and felt that approval would be granting of a special privilege. Commissioner Abshire commented that the gate would prevent outsiders from accessing the pool. He noted that there was a small child residing on the premise and felt that there would need to be a temporary fencing or obstruction between the house and the pool to protect the child. Commissioner Siegfried commented that there were several swimming pools in the area that have been fenced off from outsiders and yet were not fenced off from the existing home. He commented that Commissioner Abshire's concern was the concern of the homeowner and was not one that the code addresses. Commissioner Patrick stated that she did not feel that the pillars created a special circumstance. She felt that individuals could construct pillars and thus create special circumstances. She stated that she would have a difficult time making the findings that are required to approve a variance. Commissioner Caldwell stated her agreement with Commission Kaplan's comments that there was a reasonable alternative. After consideration, she felt that there could be an alternative solution that can be accomplished that would not cause a hardship. Commissioner Kaplan stated for the record that the City Attorney makes a statement on item 3, page 117, pertaining to a retaining wall. As a pool owner with a retaining wall, she stated that an alternate location for the fence could be accomplished. COMMISSIONER PATRICK /KAPLAN MOVED TO APPROVE RESOLUTION NO. V- 94 -018 AS RECOMMENDED BY STAFF, DENYING THE VARIANCE REQUEST. THE MOTION CARRIED 5 -1 WITH COMMISSIONER SIEGFRIED VOTING NO AND COMMISSIONER MURAKAMI ABSENT. PLANNING COMMIS~ ''N MINUTES OCTOBER 26, 1994 PAGE - 25 - Chairman Asfour informed the public as to the policy that no new public hearings would be considered after 11:30 p.m. and that the Commission has indicated that it is its intent to continue items 4, 5 and 6 but that they would be the first items of .discussion at the Commission's November 9 meeting. 4. SM -94 -008 - Chang /Tsai; Burgundy Way /Fruitvale Avenue, request for Site Modi- V -94 -023 - fication approval to allow the installation of an entry gate across a private road that accesses four lots pursuant to Chapter 15 of the City Code. The applicants are also requesting Variance approval to allow an eight foot high masonry wall along the Fruitvale Ave. frontage of Parcels C and D where six ft. is the maximum permitted. The subject property includes four separate parcels which are approximately 40,000 sq. ft. each and are located within an R -1- 40,000 zoning district. 5. DR -94 -016 - Chang; 19486 Burgundy Way (Parcel D), request for Design Review approval to construct a new 5,890 sq. ft. single story residence on a vacant parcel pursuant to Chapter 15 of the City Code. A swimming pool and 100 sq. ft. pool accessory structure are also proposed. The subject property is approximately 42,410 sq. ft. and is located within an R -1- 40,000 zone district. --------------------------------------------------------------------------------------------------------------------- 6. LL -94 -006 - Cornelius /Moore; 14199 & 14321 Short Hill Ct., request for Lot Line V -94 -018 - Adjustment to relocate a side property line between two parcels pursuant to Chapter 14 of the City Code. Parcel 397 -14 -023, Lands of Cornelius, is also requesting Variance approval to construct a five foot high wrought iron fence and entry gate within the required front yard setback where three feet is the maximum height permitted. The subject properties are approximately 40,000 sq. ft. and are located within an R -1- 40,000 zoning district. COMMISSIONERS PATRICK /KAPLAN MOVED TO CONTINUE THE PUBLIC HEARINGS FOR AGENDA ITEMS 4, 5 AND 6 TO NOVEMBER 9. THE MOTION CARRIED 6 -0 (COMMISSIONER SIEGFRIED ABSENT). DIRECTOR'S ITEMS Community Development Director Curtis reminded the Commission of this Saturday morning's EIR scoping session to be held at the Odd Fellow's site. It is a meeting being conducted by staff and the EIR consultant. The meeting would be an adjourned meeting and pubic notices have been sent to properties within 500 feet of the site. The visit would be similar to that of a land use visit. He informed the Commission that the EIR was anticipated to be distributed by December 1, 1994 for public review. He encouraged all Planning Commissioners to attend the scoping session. REPORT TO THE PLANNING COMMISSION Application No. /Location: LL -94 -006 & V -94 -018; 14199 & 14321 Short Hill Ct. Applicant /Owner: Cornelius /Moore Staff Planner: Lynette Stanchina Date: Oct. 26, 1994 APN: 397-14-020 Director Approval: File Nos. LL -94 -006 & V -94 -018; 14199 & 14321 Short Hill Court EXECUTIVE SUMMARY CASE HISTORY: Application filed: 06/22/94 Application complete: 08/26/94 Notice published: 10/12/94 Mailing completed: 10/13/94 Posting completed: 10/06/94 PROJECT DESCRIPTION: Request for Lot 'Line Adjustment to relocate a side property line between two parcels pursuant to Chapter 14 of the City Code. Parcel 397 -14 -023, Lands of Cornelius, is also requesting Variance approval to construct a five foot high wrought iron fence and entry gate within the required front yard setback where three feet is the maximum permitted. The subject properties are approximately 40,000 sq. ft. and are located within an R -1- 40,000 zone district. STAFF RECOMMENDATION: Approve the Lot Line adjustment application and deny the Variance request by adopting the attached resolutions. ATTACHMENTS: 1. Staff Analysis 2. Resolutions LL -94 -006 & V -94 -018 3. Correspondence 4. Plans, Exhibit "A" File Nos. LL -94 -006 & V -94 -018; 14199 & 14321 Short Hill Court STAFF ANALYSIS ZONING: R- 1- 40,000 GENERAL PLAN DESIGNATION: Residential Very Low Density (RVLD) LANDS OF CORNELIUS (APN 397 -14 -023): Original Site Area: 40,206 sq. ft. Net Change: - 96 sq. ft. Proposed Site Area: 40,110 sq. ft. LANDS OF MOORE (APN 397 -14 -020): .Original Site Area:. 40,032 sq. ft. Net Change: + 103 sq. ft. Proposed Site Area: 40,135 sq. ft. BACKGROUND: The subject properties are located on Avenue and each is developed with Parcel #23, Lands of Cornelius, also not enclosed by a fence. The current area to be completely enclosed by a fencing (good neighbor) is acceptable act as a portion of the fence. Short Hill Court off Chester a single family residence. has a swimming pool that is City Code requires the pool five foot fence. Perimeter and the residence itself may In order to conform with the swimming pool fencing requirement, the Corneliuses are proposing to place a five foot wrought iron fence along the east side property line and across the front of the property. A black cyclone fence is proposed along the rear of the property. The west side of the property has an existing six foot cyclone fence adjacent to the West Valley College property. LOT LINE ADJUSTMENT: To better accommodate the location of -the fence along the east side property line, the applicants are proposing a lot line adjustment. The proposed adjustment will conform the legal lot lines to the natural growth and contours of the property as utilized by the adjoining properties and provide for a greater side yard setback for the existing swimming pool. The proposed adjustment conforms . with all the development regulations in Chapter 15 of the City Code, such as minimum lot width, depth, size, and setback requirements. The proposed change in net site area of each parcel is not great enough to impact the maximum permitted floor area. Staff recommends the Planning Commission approve the proposed Lot Line Adjustment. File Nos. LL -94 -006 & V -94 -018;. 14199 & 14321 Short Hill Court FENCE VARIANCE: The proposed location of the fence within the required front yard setback requires Variance approval. The maximum permitted fence height within the required front yard (30 feet) is three feet and. the applicants are proposing five feet to meet the pool fencing requirements. In order to conform with the Zoning Ordinance requirements, the proposed fence and gate would have to be shifted back a minimum of 30 feet from the front property line. Due to the configuration of the lot, staff feels this would have minimal impacts on the applicant. The property is similar in shape to a flag lot in that it has a 60 foot wide corridor which accesses Short Hill Court and then it widens to approximately 180 feet. If the applicants shifted the fence back 30 feet it would still be located within the narrow portion of the lot and would not have a significant impact on the use of their yard areas.' Staff does not feel the Variance findings can be made to support the applicants' request. There is not a special circumstance unique to their property that supports placing the fence within the required front yard. Approval of this request would constitute a grant of special privilege. A letter of correspondence to the Planning Commission from the Corneliuses attorney /representative is attached. The letter outlines several reasons why the applicants believe the Commission should support the Variance request. Staff recognizes that the subject property does have some unique circumstances compared to other properties in the area. However, these circumstances do not prohibit placing the proposed fence outside of the required front yard. Staff recommends that the Planning Commission deny the variance application based on the finding that it would be a grant of special privilege.. RECOMMENDATION• Staff recommends. the Planning Commission take the following actions: 1. Approve the proposed Lot Line Adjustment; and 2. Deny the Variance request to allow a five foot tall fence within the required 30 foot front yard setback. LAW OFFICES PRITCHARD AND KAY 255 NORTH MARKET STREET SUITE 190 SAN JOSE, CALIFORNIA 95110 TELEPHONE (408) 292 -2434 MICHAEL KAY' ALSO ADMITTED TO PRACTICE IN THE DISTRICT OF COLUMBIA. FLORIDA AND II.I.INDitl December 1, 1994 City Clerk CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Ms. Grace E. Cory Deputy City Clerk t)tG 21994 Re: Appeal of Denial of Application for Variance PLANNING COMMISSION RES. NO. V -94 -018 Owners: Harold and Rillie Cornelius Property: 14199 Short Hill Court Dear Ms. Cory: FACSIMILE (408) 292.1204 As you are aware, we represent Harold and Rillie Cornelius. As you are also aware, the City Council has scheduled a hearing for January 4, 1995 to consider their appeal of the decision of the Saratoga Planning Commission denying a variance. This will confirm that all materials which you have requested, to date, are presently in file. The filing is, therefore, complete. In the interim, should you require any further information: or documentation, be please do not hesitate to contact us. Ver t y yours, PR7TC nd KAY m.� cc: Harold and Rillie Cornelius V LANV OFFICES PRITCHARD AND KAY 255 NORTH MARKET STREET SUITE 190 SAN JOSE, CALIFORNIA 95110 TFLEPROINE (408) 292 -2434 MICHAEL KAY' •ALSO ADMITTED TO PRACTICE IN THE _ DISTRICT OF COLUMBIA. FLORIDA AND ILLINOIS October 10, 1994 Via Personal Delivery Planning Commission CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 68 FACSIMILE (408) 292.1264 Re: Application for Variance Owners: Harold and Rillie Cornelius Property' 14199 Short Hill Court Dear Planning Commission Members: We represent Harold and Rillie Cornelius (the "Applicants ") who are the owners of the property at 14199 Short Hill Court. There are two (2) applications pending before you. The first application, for a lot line adjustment, has the support of the Planning Department. However, we have been informed that the Planning Department is unable to support the second application, which is for a variance to build a fence within the setback. While the personnel in the Planning Department have been courteous and helpful, we respectfully disagree with the conclusion that has been reached. We hope that the following information will assist the Planning Commission in voting to approve both of the applications. Although not dispositive, it should be persuasive that the neighboring property owners have been informed of the pending applications and have voiced their support. The fact that there is an absence of objecting neighbors should favor the granting of the application for variance. 1. Brief History. The applications arise because the City's Building Inspector was on the adjoining property and noted that on the Applicants' property there was an unfenced swimming pool. The Building Inspector thereafter cited the Applicants. Relevant code sections require either the fencing of the entire property or of the pool itself. It should be noted that many nearby properties in Saratoga have unfenced pools. This is true throughout Saratoga. The Building Inspector advises that he can only cite properties when he is legally on the property or on an adjoining property and can see the violation. He advises that he cannot cite properties that have violations that he can see from the street. Without waiving any of their rights, but in order to resolve the citation and comply with the code requirements, the Applicants agreed to build a fence, but for the reasons set forth below determined to fence the entire property. 2. Applicability of Special Circumstances. The first finding necessary for the grant of a variance relates to special circumstances of the property. The size, shape and topography of the applicant's parcel make granting of this variance proper. In fact, the failure to grant this variance, because of the following special circumstances, will deprive the Applicants of privileges enjoyed by the owners of other properties in the vicinity (all classified in the same zoning district). a. This property differs from neighboring properties. It is unique in that it has a very limited length of frontage running along Short Hill Drive. If the variance is denied and the fence is built behind the setback, the fence will be built no more than ten (10) feet from where it is now being proposed to be built. However, because it will be built further from the frontage and because it will, therefore be built across a wider portion of the property, the length of fence visible to the street will be far greater. Placing the fence where the Applicants request will mean that a smaller length of fence will parallel the street. b. This property adjoins West Valley College. The college maintains a 6 foot chain link fence - which borders the Applicants' property and comes to the street itself. This fence runs along the street directly next to the subject property. That fence is far less attractive; uses more of the setback (in fact all of it); and, frames the subject property. Because that fence is within the surroundings of the Applicants' property, it must be considered with respect to this application. If the Applicants' built their fence without using the setback it would be inconsistent with the established surroundings. C. The topography of the property makes it impossible to merely fence the pool. The pool is surrounded by a standard four (4) foot (approximate) pool deck. However, on the North (to the street) side, the pool deck adjoins a three (3) foot wall which is a retaining wall for landscaping. The landscaping runs from the house to the street. First, building the fence at the end of the pool deck, but on the deck level will result in a fence around the pool which is less than three (3) feet high because anyone standing on the ground level outside the fence would be standing three (3) feet above the patio level. Second, there is no way to build the fence at the ground level without rebuilding and regrading the entire garden area. This would simply be too burdensome and unreasonable. d. The topography of the property requires that the fence be built as proposed because location of the fence along the street is necessary because the slope of the property so dictates. The property from the house rises to the street. It also rises through an existing garden. Therefore, as noted above, the fence's utility would be minimized. Also, the placement of the house's gardens and long established trees and plantings also dictate that the fence be built as proposed by the Applicants. Additionally, placing the fence as proposed will not require major changes in these plantings and the long - established drainage pattern now in place. Drainage runs throughout the above referred to retaining wall to the pool deck. Any changes in the same necessitated by fencing the pool would require changes to the existing drainage plan. e. As noted above, the adjoining College property is fenced. That fence runs along Short Hill Drive (at the street) and then makes a right angle turn at the property line of the Applicants. Denial of this application will force the Applicants to build a fence that crosses the Applicants' property after the right angle turn of the College's fence. Thus, the street view will be as follows: a fence on the street, a right angle turn away from the street and then another right angle turn across the Applicants' property. Granting the application will permit the Applicants' fence to cut out the two right angles and soften the view from the street. 3. Grantinct the Variance Will Not Constitute Grant of Special Privilege. The second finding necessary for the grant of a variance relates to the finding that this not be considered a grant of special privilege. Many houses in Saratoga are built with fences within the setback or with fences at the street. In fact, as noted, the adjoining College's fence is on the property line at the street. Although many fences built at the street may have been "grandfathered" under prior ordinance or built illegally, they have, nevertheless, been built. If the variance is not granted, the Applicant's property will be disadvantaged. The granting of the variance will bring this property to the level of-reasonable use enjoyed by neighboring properties. Only by the granting of this variance can parity be achieved. The failure to so approve this variance will constitute an unconstitutional application of the City's zoning code. 4. Granting the Variance Will Not Be Detrimental to Public Health Safety or Welfare. The third finding necessary for the grant of a variance relates to the finding that this variance will not be detrimental to the public health, safety or welfare. We are unaware of any facts which would support any argument that the granting of a variance to the Applicants would be detrimental to the public health, safety or welfare. On behalf of the Applicants, consideration. cc: Harold and Rillie Cornelius -... ---- L, :. v�- thank you for your V 4ie yours, P and KAY My Re: V -94 -018 - Lands of Cornelius To whom it may concern: We have reviewed the plans for the proposed wrought iron fence and gate to be built in the front of 14199 Short Hill Court, and find that we have no argument as to why it should not be built. To the contrary, we find that the proposed structure is esthetically pleasing and will do nothing but add to the attractive- ness of their property and in no way detract from the homes of those of us who are neighbors.to Mr. and Mrs. Cornelius. We recommend that the Planning Commission approve their requested variance. i i -� -1- SarratogaorW467F October 9, 1994 (408) 867 -6473 To Whom It May Concern: We have seen the plans for the proposed fence for the Cornelius residence at 14199 Short Hill Ct, We have no obJectlons to such a fence. Sincerely, Monte S. Bernstein 44'z�e� oz�� �' Roberta L, Bernstein TO WHOM IT MAY CONCERN have reviewed the plans and architectural sketches of the fence construction planned by Mr. and Mrs. Harold Cornelius of 14199 Shorthill Court, Saratoga, CA. I find those plans to be viable engineering wise, most pleasing visually, and highly consistent architecturally with their existing construction and with that of the Shorthill Court neighborhood. Shorthill Court is essentially a cul -de -sac, with only 7 homes on the Court, which intersects with Chester Avenue. As the only next door neighbor of the Co' meliuses, the construction of a fence between our properties should be and is of vital concern and interest to me. I believe that the plan which the Corneliuses and their architect have settled upon is appropriate to their purpose and in no way detracts visually from the Shorthill Court neighborhood or the area surroundings. I have observed many other fences in the area, on nearby cul -de -sacs such as Apricot Hill, Arcadia Palms, and Via Tesoro Court, and on Chester Avenue. The design proposed by the Corneliuses has more architectural integrity and visual substance than most of these other constructions. I reaffirm my acceptance of the fence design and construction proposed by Mr. and Mrs. Harold Cornelius, 14199 Short Court, Saratoga, CA. I feel that such a construction will enhance rather than detract from the Shorthill Court neighborhood. Ronald A. Moore 14231 Shorthill Court Saratoga, CA 95070 COLUMNS RAISED TO 64 h— 1' X 2' PUNCHED Y FRAME / .0— CONTINUESALONG PROPERTY LINE SIB' V ERTICAL PICKETS - a 5J6' ON CENTER i IH'X IIr XC C- SCROLLS ��II M ��' "MEAMENNENNE11, ""'�* ����������ri�riiiiiiiiIiiii�i�I I Ii 11 \ \ \\ ` , y1aMMMlMIMIMM.'N MMINr!71M- s�MIMNJM; \ \ \\ I 0 ELEVATION AT dRIVEWAY ENTRANCE SIB In. PICKETS 4 518' On Cantor 518 IrLPICKETS 4 Str On Canter 1 1/2 in. !j. t� 2 In. Sq. POSS On Canter In comrata Ad welds to be ground smooth. All Iron work to be prime painted and receive a finish coat of rust- InhlbMve seml -gloss black paint. 1 ADSH -210 ADSH -217 (SHOWN) 188-58 Dead.: En:.+ i-T r 7i i. 188-58 Dead.: En:.+ m I r 7i i. J-!A m I - -.--. . . ljl.�e-; i ", ''' t.. . ,.V�..�. , . - 7. - .*I. ,- - J,.4�, 7*- + -.,.r , --:'. W�-k�t � j I " - . 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SUBJECT: Resolution Authorizing Permanent Positions in City Service Recommended Motion: Approve Resolution No. Authorizing Permanent Positions in City Service for fiscal year 94/95 Report Summary: This resolution restores the Department Head position of Assistant to the City Manager to full time, effective May 1, 1995. As of July 1, 1993, the position was reduced to 60% as part of the reorganization of departments. At the present time, personnel changes and the work load in the City Manager's Department make it necessary to have this position authorized.at full time. . Fiscal Impact• No impact in 94/95 fiscal year. Follow Up Actions: Direct staff to begin recruitment to fill full time position. Consequences of Not Acting on the Recommended Motion: Staff will not be able to recruit to fill vacancy. Attachments: Resolution No. Authorizing Permanent Positions in City Service � r �I IJ I � • I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. !� 7 MEETING DATE: JANUARY 4, 1995 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: DEPT. HEAD: luw SUBJECT: Written Communication from Friends of the Saratoga Libraries requesting lease of surplus office trailer Recommended Motion(s): Move to approve the request and direct staff to add the office trailer to the current lease agreement by amending the agreement. Report Summary: The Friends of the.Saratoga Libraries have written the attached letter indicating their desire to lease and use the surplus office trailer owned by the City (the former Maintenance Director's office). The Friends would use the trailer to store used books prior to placing them for sale at the Book -Go -Round bookstore at the Village Library building leased from the City. As the Friends provide considerable financial support to the Saratoga Community Library, the request seems worthy,of Council's approval. If Council agrees, the trailer can be incorporated into the existing lease agreement with the Friends by amending the agreement to include the trailer as part of the leased property. Fiscal Impacts: Adding the trailer to the lease agreement would not increase lease payments to the City. The Friends currently lease the Village Library building for $1 per year. As an alternative, the City could probably sell the trailer at a surplus property auction for around $3,000. Advertising Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The City would not lease the trailer to the Friends. Instead, the trailer would be auctioned at an upcoming surplus property sale. Follow Up Actions: The lease agreement will be amended to include the trailer. Attachments: 1. Letter from Friends dated December 16. 2. Current Lease Agreement with suggested change. 1 Friends of the Saratoga Libraries P.O. Box 2642 Saratoga, California 95070 Mk- t A W-91 1?&AO JAI C I T� p F 64,v- 4 i OC4- 3'777 I=RV /TV1q Lc AL) CA) U6' V ,U r o &�A 1 CA q6-0170 �EC�M��ie lc/ 19'914 �)rAA MR. I:�FR4 /AI ) 5 TQ�ASv<2��2 d F 7 Feel --N p5 bF TH/C �A.C'�4 ToG� ,C /B,2ARiF5� 14M AUjW&> Z IZC/> i /OA-1 FOP- �6-A:5E AND 064r 6F >/IE JMo 3j Le- 6Fr-1C6' UNIT DCt�N�O L34 14- CI-11 6P,64-,1Z47-,v6,4. 7-4a UN t i WILL 6 U:�CD FoAz ,5'Tc&/4 4 i5- mF 06,0e5 p9/0 2, 0 5A4-0'=- A T j NL 60,0K 61ERa 74 O gY 1 f_ { 9- lel&V 05. r !E 5o4e pv/LpoS,• bF !W� Sorpo,e—, Or Ak44-N4c ,qevr TkIAT C4AI F6- FC0V1PtD - 7�ohtK you Foie qoo r ✓ A.o Fu,erl4 dirsc��s5io�v, Mq IPNoNE AIuM0&r, l5 7l7• �� AMENDMENT TO LEASE THIS AGREEMENT to Amend the Lease, made as of this day of May, 1991, between the City of Saratoga, ( "Landlord "), a municipal corporation, and Friends of the Saratoga Libraries, ( "Tenant "). WITNESSETH• WHEREAS, Landlord is the owner of certain land and the building and other improvements thereon hereinafter described as: The Saratoga Village Library Building, located at 14410 Oak Street, Saratoga, California, comprising an area of approximately ' and aA o ;�«.t bra%kr &5cuib,ed 1622 square feet )A( "Premises "); and QS...• WHEREAS, by that certain lease dated February 4, 1986, as amended March 6, 1991, Landlord has leased to Tenant the subject Premises; and WHEREAS, the parties hereto desire to have the lease amended in respects hereinafter more particularly set forth. NOW, THEREFORE, the parties hereto agree to amend the lease as follows: I. That Landlord hereby leases and Tenant hereby rents the entire premises at 14410 Oak Street, comprising an area of approximately 1622 s and an offict frallen dfscribed a5 .. . y square feet for a term commencing upon the date of execution of this Amendment To Lease, and expiring July 31, 1994, and for the sum of $1.00 as rent for the entire term of this Lease. 1 Except as expressly amended hereby, the lease, as previously amended, and all of the terms, covenants and conditions thereof, remain.in full force and effect. Dated: 7 Dated: %911 � 31 mnru \273 \agree \FSLAmend.1se 2 CITY OF SARATOGA, a municipal corporation By: �/� 6� Harr R. Peacock FRIENDS OF THE SARATOGA LIBRARIES By: SARATOGA�j CITY COUNCIL EXECUTIVE SUMMARY NO. �-�.� v AGENDA ITEM MEETING DATE: January 4, 1994 CITY MANAGER ' ORIGINATING DEPT. Office of the City Manager Paula Reeve, Public Services Assistant SUBJECT: Purchase of Speed Monitoring Radar Trailer RECOMMENDED MOTIONS(S Approve the purchase of the Speed Monitoring Awareness Radar Trailer (SMART). BACKGROUND The Speed Monitoring Awareness Radar Trailer is a portable, self - contained speed display unit designed-to promote speed awareness. SMART is towed to a site that has experienced frequent speed related problems. The 8- foot -high unit is equipped with. a large display and a radar gun similar to those used in police ears. Studies show that the average speed tends to remain lower after the SMART is moved to another location. Speed awareness goes up and motorists slow down. Enforcement may take place from a patrol car down the street, or curbside from the radar trailer. This is an effective way to deal with the many speed related complaints which are presented to the Director of Public Works and the. Public Safety Commission, but do not justify additional traffic control measures. FISCAL IMPACT• Funds for the trailer were approved in the Police Protection FY 94- 95 budget. Total costs for the unit are $10,288.53. ADVERTISING, NOTICING AND PUBLIC CONTACT: Staff will work with the media to provide public education regarding the radar trailer and promote awareness. FOLLOW UP ACTIONS: Purchase the equipment and have the Public Works Department develop procedures for maintenance and implementation. SARATOGA CITY.COUNCIL EXECUTIVE SUMMARY NO. Y c� q AGENDA ITEM D MEETING DATE: JANUARY 4, 1995 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Cox Avenue Wall Colors Recommended Motion(s): None. It is recommended that the City Council leave the wall colors as they are. Report Summary: As a follow -up from your previous meeting, staff has checked the record to determine whether the previous City Council ever decided to repaint the community walls along Cox Avenue. No such decision appears to have been made. A brief summary of the history of.the wall colors is as follows: 1. The wall colors were originally approved by the City in early October of 1989 (Attachment 1). 2. The walls were built and painted in the summer of 1990. Prior to the walls being built, staff verified that a sample of the wall colors matched the colors which were previously approved. 3. In early 1993, a field meeting was held with Traffic Authority staff to review among other things, the possibility of repainting the walls at Traffic Authority expense. Although Traffic Authority made no commitments at the time, they suggested that. the City solicit bids for repainting the walls and the matter would be left open for further discussion. During the summer of 1993, staff solicited one bid for $5,200 to repaint the walls. 4. At the August 4, 1993 City, Council meeting, Eileen Goodwin acknowledged that the City could draw from its discretionary freeway landscaping funds to repaint the walls (Attachment 2). This was confirmed in a follow -up letter from Ms. Goodwin dated September 17, 1993 (Attachment 3). At this point in time, it appears as though the City will have a surplus of between $5,000 and $10,000 in discretionary freeway landscaping funds after the Cox Avenue landscaping project is completed. These surplus funds could be used to repaint the walls. A more recent bid from a painting contractor suggests that the walls could be repainted for a cost of $3,100. r I believe the Council has three options from which to choose. They are: 1. Do nothing. Leave the walls as they are. 2. Direct staff to repaint the walls using surplus freeway landscaping funds. 3. Direct staff to repaint the walls, but assess the cost against LLA -1 Zones 3 (Greenbrier Landscape District) , and 22 (Prides Crossing Landscape District) proportionally. Staff recommends Option 1 for two reasons. First, the soon to be installed landscaping will invariably tend to screen the walls, softening their appearance over time as the landscaping matures. Second, the walls will eventually need repainting at some time in the future and the colors can be changed at that time if it is still desired. However, if the Council opts to repaint the walls now, then it is strongly recommended that the walls be painted using the same colors as were used for the Saratoga Ave. visual barrier walls. Fiscal Impacts: Depends on Council's action. Up to $3,100 if the Council decides to repaint the walls. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: N /A. Follow Up Actions: Depends on Council's action. Attachments: 1. Letter to Traffic Authority dated October 9, 1989. 2. Minutes from August 4, 1993 City Council meeting. 3. Letter from Traffic Authority dated September 17, 1993. Q gur 13777 FRL]TVALE AVENUE • SAR -� \"1 OGA. CALIFORNL-\ 95070 (408) 867 -:3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyies Donald Peterson October 9, 1989 Francs Stutzman Jim Bluse- Santa Clara County Traffic Authority 1754 Technology Drive, Suite 224 San Jose, CA 95110 RE: File No. 172 -3 Dear Mr. Bluse: The color board for the Cox Avenue community walls forwarded to the City on October 4, 1989, is hereby approved. Sincerely, arry R� Peacock City Manager ]m cc: City Engineer`.` r City Council Minutes 4 August 4, 1993 1) Oral Presentation from Traffic Authority on Draft 1993 trategic Plan Ms. Eileen Goodwin, \13a Authority, gave an update on Highway 101, Highway 237 and H. She noted the Strategic Plan being circulated for 199 deficit of $1.7 million, but they are moving in the rigion. Ms. Goodwin stated the Measure A Program, passed in 1992, is under litigation. She reviewed the jump start progd by the new measure. Ms. Goodwin stated the Traffic Authorito move forward with their plans at this time to stay on sc save the tax payers approximately $25 million. In response to Councilmember Anderson's questions, Ms. Goodwin stated, regarding the wall on Prospect, she received a petition from the homeowners and the engineer is reviewing this with regards to noise and visibility. She noted they will have a community meeting within the next few weeks. Regarding the tilt -up walls on Cox, Ms. �o 'n stated landscaping funds can be used for aesthetic purposes to paint the wall another color. She noted they have received no compl 'nts egarding the color. N response to Councilmember Kohler's question, Ms. Goodwin stated the ra season did hold up construction work, but the Traffic Authority has en working with the contractors to stay on schedule as much as possib She noted Route 85 will be .open by the end of 1994. Councilme er Kohler pointed out that the debris on the Paul Masson site will b recycled and used for the. freeway. In response t Councilmember. Monia's question regarding reflective noise, Ms. Good 'n stated Cal -Trans is doing this study. She stated landscaping does 1p with the reflective noise. C. WRITTEN MMUNICATIONS 1) Parks Nd Recreation Commission Recommendation to Approve Bonsai Display Area in Hakone Gardens Staff recommends that the ity Council approve in concept and ask Hakone Foundation to prepare n amendment to the Hakone Garden Master Plan - to incorporate a bonsai display area for formal City Council approval at a later date. Ms. Gladys Armstrong, Presiden information ne Foundation, stated the presented to the Coun to the Garden Committee who approved the project. She notare asking for approval in concept, for a Bonsai Garden only \CON BURGER /KOHLER MOVED TO APPROVE THOF A BONSAI GARDEN. PASSED 5 -0. 2) Thomas S. Brachko, 16732 darwood Circle, Cerritos 90701, requesting Support fo Legislation for Employer Tax Credit to Teach English Councilmember Tucker stated it would be a good \lan to support this SANTA CLARA COUNTY TRAFFIC AUTHORITY Jlm Beafl Zoe Lofgren- Susan Hammer Jack Lucas Barbara Tryon mead. ChaUperson \Ace Chairperson Eileen 0. Goodwin, Executive Director September 17, 1993 Mr. Larry Perlin Director of Public Works City of Saratoga 13777 Fruitvale Avenue Saratoga, C 950 0 Dear n: Mr. P r SUBJECT: VARIOUS LANDSCAPING ISSUES In response to your letter of August 12, 1993, regarding various landscaping issues, the Traffic Authority confirms that the City of Saratoga .may draw from their discretionary freeway landscaping funds for revegetation of Rodeo Creek, landscaping along Bonnet Way, and landscaping and painting of the community wall along Cox Avenue. Further, we agree to purchase several of the trees removed during construction of the Bonnet Way soundwall to mitigate for visual intrusion near the Blue Hills pedestrian overcrossing. Within the next week, our staff will contact you to select the trees and determine the planting locations at Kevin Moran Park. It is our understanding that the price of $400 per tree includes transportation and replanting, and that the City agrees to maintain the trees. We look forward to working .with you on the Route 85 landscaping projects. Thank you for your continued support of the Measure A Program. Sincerely, EILEEN 0. GOODWIN Executive Director EOG /GLP /sic 1754 Technology Drive, Suite 224, Son Jose, California 95MO -1308 (408) 453 -3777 • Fax (408) 453 -1321 Printed on recycled paper