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HomeMy WebLinkAbout06-11-2008 Planning Commission MinutesSaratoga Planning Commission Minutes of June 11, 2008 Page 1 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, June 11, 2008 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao Absent: Commissioner Hlava Staff: Director John Livingstone, Senior Planner Chris Riordan, Public Works Director John Cherbone and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of May 28, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kumar, the Planning Commission minutes of the regular meeting of May 28, 2008, were adopted with changes to pages 5, 9, 18 and 23. (6-0-1; Commissioner Hlava was absent) ORAL COMMUNICATION Mr. Joseph Schwartzkoph: • Reminded the Commission of their request, at the time that the Use Permit for St. Michaels of Archangel was granted, for a one-year update letter from the neighbors on how things have gone in the year since approval. • Advised that he is submitting the update letter this evening. • Reported that they are in mediation to address some of the issues. • Distributed the letter to the Director. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 5, 2008. Saratoga Planning Commission Minutes of June 11, 2008 Page 2 REPORT OF APPEAL RIGHTS Chair Cappello announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR General Plan Conformity Determination for Vacation of Upper Old Oak Way: (John Cherbone) Mr. John Cherbone, Public Works Director, presented the staff report as follows: • Explained that the City is relinquishing a portion of Old Oak Way. • Reported that staff has been working with the property owner for about four years now. • Added that issues have been resolved such as trail location to provide continued access. • Said that the upper portion of Old Oaks Way has one property owner who owns the land on both sides of the road. • Stated that the City has no plans to extend that road anywhere and relinquishing ownership benefits the City in many ways, including obtaining the trail access and relinquishing any maintenance costs for the road. • Reminded that the capital cost of constructing this road was borne by the developer of the property 20 years ago. There is no capital cost in relinquishing. Chair Cappello opened the public hearing for the Consent Item. Chair Cappello closed the public hearing for the Consent Item. Commissioner Rodgers said she agrees with this action and expressed appreciation for the resulting trails access. Commissioner Nagpal concurred and said that the relinquished road is a street surrounded by one owner’s properties. City Attorney Jonathan Wittwer recommended an edit to the resolution to better specify what is being relinquished, “… Now, Therefore, Be it Resolved that the upper portion of Old Oak Way…” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission found the vacation by the City of Saratoga of the upper portion of Old Oak Way to be in conformance with the City’s General Plan, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None Saratoga Planning Commission Minutes of June 11, 2008 Page 3 *** Commissioner Zhao advised that she must recuse herself from participation on Agenda Item No. 1 and left the dais and chambers for the duration of this item. PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR07-0019 (503-69-018) TRI HONG, 21995 Via Regina: The applicant requests Design Review Approval to construct a new two-story single-family residence, including a basement and an attached Secondary Dwelling Unit. The total floor area of the proposed residence and garage will be approximately 7,978 square feet. The net lot size is approximately 3.5 acres and the site is zoned HR (Hillside Residential). (Christopher Riordan) Mr. Chris Riordan, Senior Planner, presented the staff report as follows: • Reported that the applicant is seeking Design Review approval to allow the construction of an approximately 7,978 square foot, two-story, single-family residence with basement and a 724 square foot secondary dwelling unit that will be deed restricted as a below market rate unit. • Explained that having the unit deed restricted as a below-market rate unit allows an increase of 10 percent or 726 square feet above the 7,260 square feet allowed on the site. • Added that the maximum height is 26 feet and the existing residence on the site would be removed. • Informed that the site has no direct access and gains access via a paved driveway over the vacant lot in front that will be developed at a later date. • Said that no existing trees would be removed although the City’s Arborist advises that two pine trees located near the proposed pool site are in distress and may not survive construction so they can be removed. However, the applicant will attempt to preserve those two trees instead. • Advised that a trail access easement is required to accommodate a future trail. The property owner is to dedicate a 20-foot wide pedestrian/equestrian trail easement so it may be constructed in the future. • Said that the applicant notified the neighbors of their project. The responses to three neighbors’ comments have been included in the staff report. • Said that the project is Categorically Exempt under CEQA and recommended approval. Commissioner Nagpal asked if the driveway serving this property would also serve the parcel on the left. Mr. Chris Riordan replied both. Commissioner Nagpal asked if it is a private road. Mr. Chris Riordan clarified that it is a private driveway. Commissioner Rodgers asked about drainage requirements. Saratoga Planning Commission Minutes of June 11, 2008 Page 4 Mr. Chris Riordan said that the proposed site improvements would address the drainage concerns raised by the neighbor per Public Work’s staff. Commissioner Kumar asked about the neighbor’s concern about traffic flow on the driveway. Mr. Chris Riordan said that the driveway is 14 feet wide with a one-foot shoulder on both sides. There is room for two average sized cars but larger cars might have to pause and allow one car to pass at a time. Commissioner Rodgers asked if the issue of lighting should be made a condition of approval. Mr. Chris Riordan sad that what is on the plans is what is approved but a condition could be added if thought necessary. Commissioner Kumar said that Italian Renaissance architecture is not often seen in Saratoga. Mr. Chris Riordan said that the architect could address any architectural issues. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Jonathan Jan, Applicant and Property Owner: • Reported that he has been in the area for 15 years and has four children. • Explained that they chose Saratoga to build their dream house and love this city and look forward to having their permanent home in Saratoga. • Expressed appreciation for the time taken to review their request. Ms. Sheila Daily, Resident on Via Regina: • Said upon first hearing about the trail easement she was a little nervous but is pleased that Jonathan is willing to put it in. • Explained that she was told years ago that the water pressure of the fire hydrant in the immediate area was inadequate. • Asked that it be checked to make sure it is adequate by today’s standards. Mr. Der Torossian, Resident on Via Regina: • Said that his property is located right below the driveway on this site. • Explained that he has resided here for 33 years now. • Reported that a retaining wall failed twice and a very strong wall is now in place. • Said at the present time two to four cars a week pass along this driveway. With this development that pace will go up to five to 10 trips a day or approximately 50 a week. • Said that the road is narrow at 14 feet and needs to be wider. • Assured that he is not against this project at all but wants to make sure the driveway is done properly and not drain onto his property. • Suggested installing some trees for landscaping. • Reiterated that before long four families will be using this driveway. Ms. Denise Goldberg, Resident on Skully Drive: Saratoga Planning Commission Minutes of June 11, 2008 Page 5 • Advised that she is here in support of this project with the trail easement. • Added that the trail easement is a key connecting element for the equestrian trail systems and she is happy to see that as part of the plan. Mr. Lee, Project Engineer: • Reported that they are working with San Jose Water Company to ensure that the water pressure is adequate. • Advised that there are a couple of options in regards to water. One is to carry the water meter up toward where the property splits to support this property and the adjacent project. Another is to place a water tank on site to provide enough water for fire flow. • Assured that they will have to meet Fire requirements for fire flow and water pressure. • Said that as for the drainage issue, the project has been designed to minimize the flow to adjacent neighbors. A lined ditch is proposed above the driveway so water from uphill will be taken to the storm drainage system on Via Regina. • Added that the sloped driveway is angled away from the downhill neighbor’s property. • Said that they don’t anticipate cars going that fast on the driveway but rather limited to between 10 and 15 miles per hour. • Reported that the owner of the next project site is addressing the landscape along the driveway. Commissioner Nagpal sought verification that the four-lot subdivision is served by this one driveway. Planner Chris Riordan replied correct. Commissioner Nagpal asked staff if Fire is okay with the 14-foot wide driveway based on four parcels using this driveway. Planner Chris Riordan said yes, Fire’s review was based on the number of lots served by this driveway. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Rodgers asked if there is any other way the four lots could exit. Planner Chris Riordan said he is not familiar with the other two lots and if they have a secondary access point. Commissioner Nagpal reiterated her question of whether a 14-foot wide driveway is adequate per Fire requirements. Planner Chris Riordan replied yes. He reiterated that Fire knows the number of lots using this driveway. Commissioner Nagpal asked if it is necessary to condition a specific water flow. Saratoga Planning Commission Minutes of June 11, 2008 Page 6 Planner Chris Riordan said that the Fire requirements are already conditioned so that the project must meet all Fire District standards. Commissioner Rodgers pointed out that with a shared easement for an access road there are always difficulties including improvements, amount of use and the tearing up of the road. She asked if there is anything this Commission can do to alleviate those potential maintenance problems. Planner Chris Riordan said that there would be a maintenance agreement between the two owners. Commissioner Rodgers cautioned that it could get problematic. Director John Livingstone advised that one lot is proposing a home here on a site with multiple easements using one access. The City does not like to get involved with the private roadway issues. Commissioner Rodgers said that she was hoping there was something to suggest and recommended that the applicant get agreements written up in advance. Commissioner Nagpal: • Expressed appreciation for the trail easement. • Pointed out that the issue of water pressure is addressed in the resolution. • Added that the width of the driveway has been blessed by Fire. • Said that as for Design Review issues, she is surprised that Italian Renaissance architecture is proposed at the top of this hill but appreciates the architectural purity of the design. • Reminded that the applicant is proposing to retain the two pines. • Said that she can make the Design Review findings. • Stated that it sounds as if a general agreement is already in place regarding screening landscaping. Chair Cappello said that the trail easement should be recorded as a permanent condition. Commissioner Rodgers pointed out the features of the secondary dwelling unit. It is in the house yet separate with its own entrance. It has its own carport. It is an ideal situation that can function for the family or serve as an additional low-income housing unit. Encouraged others to consider such a unit. Chair Cappello pointed out that there are a tremendous number of trees planned on this property. City Attorney Jonathan Wittwer offered some modifications for the draft resolution as follows: • For the “NOW, THEREFORE…matter, the exemption from CEQA is approved.” • Condition 1 – Deed Restriction add text, “…satisfactory to the City…” • Condition 4 – Storm Water Retention add text, “…will be retain on site to the maximum extent feasible…” Saratoga Planning Commission Minutes of June 11, 2008 Page 7 • Condition 10 – edit text, “fees for and be subject to review and approval…” • Condition 15 – City Arborist Report – change date of report from January 24, 2008, to February 11, 2008. • Conditions 20 and 21, add text, “… and subject to review and approval by the City Engineer prior to issuance of the permits.” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the Planning Commission granted Design Review Approval (Application #PDR07-0019) to construct a new two-story single family residence with basement and attached secondary dwelling unit on property located at 21995 Via Regina, as amended by the City Attorney and with the requirement to record as a permanent condition the requirement for a trails easement, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None *** Commissioner Zhao returned to the chambers and dais for the next item. PUBLIC HEARING - ITEM NO. 2 APPLICATION #07-327 (366-31-004 & 366-31-005) SARKISSIAN/TERRY MARTIN ASSOCIATES, 22000 Rolling Hills Road: The application requests Design Review approval to construct a second dwelling unit. The proposed second dwelling unit will not exceed 1,200 square feet and will be less than 26 feet in height. The site is located in the Hillside Residential (HR) zoning district. Design Review approval by the Planning Commission is required pursuant to Saratoga City Code Section 15-45.060. (Shweta Bhatt) Mr. Chris Riordan, Senior Planner, presented the staff report as follows: • Distributed a materials board. • Explained that the applicant is seeking Design Review approval for a new secondary dwelling unit with a maximum height of 21 feet and consisting of approximately 1,190 square feet. The unit will be deed restricted as low income. • Described the project site as a 2.25-acre parcel at Rolling Hills Road and Prospect Road. The site for the second unit is located at the bottom of the property and the unit will incorporate wood windows and doors and a stucco exterior finish. • Reported that no trees are proposed for removal although per the arborist two cedars could be impacted by construction. • Added that a tree bond and construction fencing would be required. • Advised that the applicant attempted to contact neighbors but received no comments. • Recommended that the Planning Commission find this project to be Categorically Exempt under CEQA. • Reported that Harry Phipps submitted a letter re geotechnical issues. Saratoga Planning Commission Minutes of June 11, 2008 Page 8 Commissioner Kumar asked if there was a fireplace and if it would be wood or gas. He asked if the limitation to one wood-burning fireplace is per site or per dwelling unit. Planner Chris Riordan responded that it is per dwelling unit. Commissioner Nagpal referred to a letter received that outlines geotechnical issues regarding the construction of the main house. She sought verification that the geotechnical clearance occurs before building permits are issued. Planner Chris Riordan replied yes. Commissioner Nagpal asked if the geotechnical issues with the main residence have been taken care of. Planner Chris Riordan replied yes. Chair Cappello opened the public hearing for Agenda Item No. 2. Mr. Terry Martin, Project Architect: • Reported that they have worked for over a year in developing this secondary dwelling unit with multiple locations on the property having been considered. • Assured that this is absolutely the best location on site. It is the optimum place for this second unit. • Informed that his clients are here and have been Saratoga residents since 1970. • Advised that they have reviewed the conditions of approval and are in acceptance of those conditions. • Said that he is here for any questions. • Added that they are also incorporated stone veneer all around the building too to match the main house. • Stated that they would like a wood-burning fireplace but it will meet EPA Phase II standards, which are the strictest standards. • Reported that they have done trenching and done borings. There are no geotechnical issues at all. Commissioner Kumar asked why the location for the second unit was revised. Mr. Terry Martin explained that there were tree issues and it was too close to the driveway. This spot represents the flattest part of the site. Ms. Harriet Fitz, Real Estate Broker: • Said that while the staff report claims this is a house built in 1948 it was actually built in 1990. It is a beautiful house. • Reported that there was a lengthy lawsuit against the builder-owner that included her as the broker. The Sarkissians won a settlement in that lawsuit. Saratoga Planning Commission Minutes of June 11, 2008 Page 9 • Asked if the City would be requiring that adjacent property owners sign off on hold harmless agreements. Chair Cappello encouraged Ms. Harriet Fitz to complete her commentary, as this is not a question and answer period but rather an opportunity to make any comments she might have about the project. Commissioner Zhao asked Ms. Harriet Fitz if her question or concern is whether this land is suitable for a secondary dwelling unit. Ms. Harriet Fitz replied yes. Mr. Terry Martin, Project Architect: • Agreed with Ms. Harriet Fitz that the house was not built in 1948 but rather the lot was created at that time. The house was built in 1989 and in 1994 seismic upgrades were done. • Informed that there was a suspected potential slide area. They dug a 60-foot pit and proved that there was no slide. The whole hillside is no longer a slide. Mr. Farhad Sarkissian, Project Property Owner: • Reported that he has a large extended family and this second unit will be useful. • Agreed that the main house was not built in 1948. • Said that to set the record straight he wanted to clarify that there were structural builder issues with the construction of his house. One example was use of four-foot piers where 17-foot piers were required for the driveway, which subsequently buckled as a result. • Added that there was significant repair work done at great cost. • Said that in an apparent pre-emptive strike, they were sued by the owner/builder first. They countersued and won. • Stated that they retained a geologist and engineer for this project. • Said that they used findings based on borings done to make sure the area is proper for this second unit. He added that a trench was dug. All reports are there. • Declared his confidence that the hillside is strong. It is a matter of record and the City has the record. • Thanked the Planning Department for guiding this process. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Nagpal: • Expressed appreciation for the geotechnical investigations done. They took a lot of time and money. • Said that the conditions cover the need for geotechnical clearance before building permits are issued. • Added that second units are needed in Saratoga. • Stated that she can make the findings to support this project. Commissioner Rodgers: Saratoga Planning Commission Minutes of June 11, 2008 Page 10 • Advised that she lives on a steep slope and it can be quite challenging. • Agreed that the conditions require a geotechnical engineer’s certification that the site is okay for building. • Said that her only concern is that the circular driveway is not on the drawing included with the arborist’s report. Commissioner Zhao said she could make the Design Review findings and support this request. Commissioner Kundtz said the project was good. Commissioner Kumar agreed. Chair Cappello also agreed and said that the geotechnical report is the expert certification that the site will work for this second unit. He added that he could make the findings for approval. City Attorney Jonathan Wittwer offered some modifications for the draft resolution as follows: • Modified Section One. • The Permanent Condition is modified to read, “…restriction satisfactory to the City…” • Modify Condition 10, “…on site to the maximum extent reasonably feasible…” • Condition 13 add heading “City Arborist” and add the arborist’s conditions. • Modify the date(s) of the arborist’s letter/report to include: November 15, 2007, April 22, 2008 and May 27, 2008. The tree bond amount has been modified to $13,600. • Modify paragraphs 14 and 15 to add, “…subject to review and approval by the City Engineer prior to issuance of permits.” Commissioner Rodgers asked about her concern about the map with the circular driveway. City Attorney Jonathan Wittwer said that this map is part of the May 27, 2008, arborist’s letter/report. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission granted Design Review approval (Application #07-327) to construct a new secondary dwelling unit on property located at 22000 Rolling Hills Road, as modified by the City Attorney, by the following roll call vote: AYES: Cappello, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: Hlava ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. Saratoga Planning Commission Minutes of June 11, 2008 Page 11 COMMISSION ITEMS Commissioner Zhao advised that she would be absent for the Study Session set for August 5, 2008. Director John Livingstone advised that Housing Element Update Committee meeting is set and two members of the Planning Commission are a part of that Committee. Commissioner Rodgers said that the first meeting is next week on June 17th. Commissioner Kumar sought clarification that the rest of the Planning Commission members are not expected to attend that meeting. Director John Livingstone replied correct. COMMUNICATIONS City Attorney Jonathan Wittwer advised that the lawsuit against the City (Berg Project) was ruled by the Superior Court in the City’s favor. It was appealed but that appeal is now abandoned. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 8:22 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk