HomeMy WebLinkAbout06-11-1986 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, June 11, 1986 - 7:30 P.M.
PLACE: Civic Theatre, 15777 Fruitvale Avenue
TYPE: Regular Meeting
Roll Call
Present: Commissioners Guch, Harris, Peterson, Pines Siegfried
and Chairman Burger present at 7:52PM.
Minutes
Following are :,th6' changes made in the Minutes of 5/28 (no audio
tape availble for meeting):
Page 1, (paragra~ 1, Minutes) add "Conmlissioner Pines abstained because he was not
present." Add Page 2 (.paragraph 1) should include a statement from Commissioner
Harris that it "takes away from the 'overall appearance: ." Item No. 7 should
state it was denied 6-0 without prejudice."
Page 4 (paragraph 5) should say "saving the pine trees."
Paragraph 5 should say "Crowther." Elsewhere in the minutes "~rother" should
be changed to "Crowther".
Page 5 should state "Commissioner Siegfried shares Commissioner
Peterson's idea of the grading compromise, and the green line
~efe~-~cF2ad~ai-~.~ding. at the rear.of the lots. Paragraph 7 should
state "Commissioners Siegfried/Peterson moved for approval of
A-1201." Second paragraph from the bottom should read· "The City
Attorney stated the ordinance under consideration would allow
only 6-12 inches". Last paragraph should read "Commissioner Pines"."
Page 6 (paragraph 1) ~hould 'state "Present ordinance relates to
pilasters for individual homes."
Page 7 .(paragraph.5) should state "Ms. Alexander." The last
pargraph should read "Fran Louritsen."
Page 8,. (last ..paragraph) should credit ~ssioner Pines rather than Peterson.
Page 9 (paragraph 7) should add "and added an' early warning
sytem." .The vote in paragraph 8 should be "5-1withthechanges
as discussed."
Page 12 (paragraph 7) should read "Passed 4-2 with Commissioners
Guch and Harris opposed.
ORAL COMMUNICATIONS -
Mrs. Jessie McGuire was concerned about homes larger than the
recommended specifications for the zoning. She is in a one acre
zoning and didn't forsee the impact to her neighborhood. She also
did not want to complain to the new neighbors. She asked the
Planning Commission to come and see the property in question at
15550 Best View Court. She also stated the citizens rely on the
Planning Commission to stick to the standards and know when
something.isn't right.
Planning Commiss~' Minutes - 6/11/86 Page 2
Mr. Eugene O'Rorke of t~e Good Government Group stated he wanted
to reiterate what Mrs. McGuire said and that they want the
Planning Commission to be very- concerned about homes blending
with surrounding properties.
CONSENT CALENDAR
1. EP-26 - Dividend Development, requesting approval of
encroachment per'~nit for landscaping, bomanite at entrance, island
median and decorat, i.ve wall entrance in the public right-of-way.
Project located%a~f Prospect Road west of Stelling Road in the NHR
zoning district.
Planning Director .~Lsia pulled the item from consent for additional input from the
City Attorney. _Mr. Toppel, Esq., stated that a condition of approval should be
added that the applicant sign an indemnity agreement per City Code. M/S Siegfried/
Harris to approve EP-26 with the condition receded by the City Attorney.
Motion carried 6/0.
PUBL I C HEAR I NGS CONSENT CALENDAR
ITEMS NO. 2 AND 4 ..REMOVED FOR DISCUSSlOll. ITEM NO. 2 W~S CONTINUED AFTER DISCUSSION.
'PUBLIC HEAPJlqGS
2. Negative Declaration - C-231 - City of Saratoga
C-251 - Consider amending the zoning regulations of
the City of Saratoga to create an ordinance to
establish Planned Development Zoning
Classification to ·allow multiple uses on a
single site having such designation pursuant to
a PD permit (continue to 6/25/86
Commissioner Peterson stated there were people
in the audience to address this issue. He also
stated he was not advocating a hotel but was
concerned aOout floor arearatio formulas. (FAR) FARwere
usually used for office buildings.·
City Attorney Toppel stated one of the reasons
this item has been- continued is to work out
procedural changes related to floor area ratios.
Commissioner Siegfried was concerned about a
process'starting that could be very dangerous -
.................. so the indication is the Commission is looking
for a combination and that the control .is
ultimately going to be with the Commission.
Commissioner Siegfried doesn't want a situation·
where a developer has to change his plans from
150,000-90,000 sq. ft. because of a
.......... __mi__sundeCstanding.
He stated that he didn't want any developers to believe that if
they cc~e in with scmething that matches the numbers, that this
would get approved. He would like it clarified that these numbers
are only guidelines.
City Attorney ~oppel clarified he was not
referring to any one specific project but was
working off a report to the City Council. The
only argument the Commission should be looking
at a~ tnis point snoulO De whether the
Commission is open to a possioility of say 100
rooms, then the figure the Commission has
generate0 would not yielO a hotel room of
average size or a size that the Commission would
want to see.
Commissioner Peterson clari~ieO he was not
advocating a no~el Out was concerneO abOUt the
~ioor ratio. Commissioner Pines stateO ne ha0
the same concern as reiateo to the medical
facilities.. He further stated the Conm~ssion and ~veiopers
Planning Commission Minutes - ~/11/86 ·Page 5
should be aware that what is stated in the'
ordinance are guidelines.
Planning Director Hsia stated the guidelines
should be flexible but also realistic to reflect
the uses we are trying to propose.
Don Skinner, =MC Associates, Palo Alto stated he
would like to discuss this matter at the next
study session. The Planning Con~lission agreed and continued-the
item to the next Planning Con~nission n~eting af_ter_the_.Committee-of-
"the-~ole meeting"on'6/l~TS6,
5, Negative Declaration - SDR-1622 - Hobbs
SDR-1622 - ?HoDbs, request for approval of a 5-lot
~ 'residential subdivision of 5.25 acres of
partially developed property loated at 15500
Saratoga Avenue in the R-1,20,000 zoning
district. (Continue to 8/25/88)
4. A-1144 - Ken Chart, request for design review approval for a
new, two-story single family' residence on a
hillside lot at Lot 15, Re. 8528, Farr Ranch
Rd., in the NHR zoning ·district.
Planning Director Hsia presented his staff
report.
Commissione> Siegfried questioned how.much grading would
be involved if the driveway was ~0c~ted.. Associate Planner
Caldwell s~ated in that it waSn't·calCulated bdt in the
past fthe Rlanning Commission discussed-the location of
the driveway on the-left side ~f·the house.to reduce the
grading; no action was taken,·Chai± Burger'opened the
public hearing at 8':10 P.M,.
Phil- Schwimmer, architect for Ken Chan,
discussed the conceptual 'landscaped plans. Mr.
Schwimmer stated '.he understood 'the City' of
Saratoga's main. concerns dealt with general bulk
and appearance of the house, grading in.
relationship to the driveway, and how the house
fits into the neighborhood. Mr. Schwimmer
stated he changed the colors from white to beige
and tried to make the house a little less
· imposing and fit more into the hillside. The
architect chose to get a balance of out a~ fill
"'~Ha'i~e'As'~"=th&"6~l~'i'~a~' cut .~.rom 450' yds., to 850' yds,. but
architect was able to.Use the cut in the garage
area, It would not be seen, He further stated
-'!mo~i "'.~ '
the house has a lot of _ emeint. .and fits well
with the hillside. -"
Commissioner Harris asked for clarification on
the 1,000 yds. of grading. Mr. Schwimmer stated
he wanted to stay with'sta~f's recommendatons of
1,000 yds. One way to do this is move the
· driveway to the left side. But this would not
reOuce the bulk or maintain a lower profile. He
further stated he was cutting the vast majority
Planning Commission Mi~ - 6/11/86 -- Page 4
~ unc garage and asked Bi to clarify
details.
':'. .......... ~tr. }Iei.sS. discussed' the. grading. and corcnente~_... that. no mat. t.er ..
where you move the house On the site, yo~ are basically talking
about the total number of cut and fill being the same.
Commissioner Peterson stated this presentation
was a great improvement over what was seen in
January-February and had no problem with the
grad ing. Commissioner Pines concurred.
Commissioner Burger stated she was greatly
impressed with the architect's attempt to respond to the
Pl~in'~ 'C~lon ' s concerns.
Commissioner Guch confirmed that the retaining walls were
...}near the garage and stepped.
'Commissioners PINES/PETERSON moved to approve
' A-1144 excluding condition no. 14 and with the
stipulation that grading should not exceed 1530
cu. yds. of combined cut and .fill. Passed 5-1
with Commissioner Harris opposed.
........ ~sSiOner Siegfried dCmment&d'that'{~hen'an item su6h as this
that has been before the Con~nission previously and comes up again
where there will be reco,~endations to change a driveway or what-
ever, be sure that on that night they have before them, either
through the staff or the applicant, what the impact will be in
terms of reducing grading.
Commissioner Sieg'~ried commen'~ed that if staf¥'
stated there was a serious concern and the
Planning Commission doesn't know what its impact
was, the appl ication should go to a study
session; otherwise we would have had a public
hearing with no purpose.
5'. A-1184 - Mr. and Mrs. Ken Holmgren, request for design
review approval to construct a two-story -
residence and approval of grading permit to move -'
more than 1'~000 cu. yds. of dirt on Lot 1, Tr.
7382, Ten Acres Rd. in the R-1-40,000 zoning
district
Planning Director Hsia presented sta{f report.
Public hearing was opened at 8:40PM. Applicant
was not present.
Don Jones, 18850 Ten'Acres Road, stated he was
the neighbor most directly a{{ected.' He stated
.this hearing had been'continued 2-3 times. As a
consequence he rescheduled local business and
cancelled a trip east. He felt he was the only
one who could speak in defense of their
viewpoint. The proposed application would allow
bedroom windows to look directly into their
bedroom. Mr. Jones stated it would be most
helpful for people directly a'f. fected to have
some option for continuance 'on a hearing.
Neighbors have nothing~ ~o say. in -~e. prog. ess .of 'continuance,
but have thousands' of dotlars-...at-stake.. H~ would'also like
the a~chitect to..s~ake out the ._perimeter of the property
o s6 that it's.clearwhat changes.
City Attorney Toppel stated continuance is
merely an option. The Planning Commission can
make the applicant reapply when ready. The best
thing is to deal with it on a situational basis.
Six months is the on4y requirement as far as
limiti=ng conti'nuances. He further stated the
Planning Commission is not bound to continue
anybody but can take as many continuances as the
Planning Commission Minutes - 6/11/86 Page 5
Planning Commission likes.
Planning Director Hsia stated if the applicant
continues more than once, we could ask him to
submit a request for continuance and charge a $100 fee. Planning
Con~nission has the option of continuing or not.
Commissioners HARRIS/SIEGFRIED moved to deny
wi thout pre jud ice because,the applicant never answered .any of
' ." --- the ~ta~'f 'correSpo~.denCe. Denied '6=0..
6. A-1197 - Gallo, request for design review approval of a new,
two-story home 28 ft. in height and 8,250 sq.
"~' ft. in area where 4,800 sq. ft. is allowed at
.20130 Rancho Bella Vista, in the R-1-20,000
~ zoning district.
Planning Director Hsia presented staff report
and Commissioner Guch presented her site visit
report. Public hearing was opened at 8:50 P.M.
Applicant Nino Gal lo stated the house was
remeasured to include 200 ft. of covered porch.
He further stated that staff gave permission to
build exercise room and carport on another house
where the home was already at the maximum sq.
footage. This home was two doors down from the
present home in question.
Commissioner Harris was concerned how ~Zhe
· "a'd'd i't i o n" 'to" 'th'~"' s~'~e "'f0otage "6f' ~/i~ '~e~hbo~in~"house "recently
· setbac_k Of subjec.t._hoFe. ' .........
Charles ·' .~rin.~., _Mendelson Lane, lives across frcm Mr. Gallo. He asked
the Ccmnission to remember _Mrs. McGuire!~s appeal to limit size of
hcm'e~'-~nd-stated. t~te_j. was no _give_rand-take ,,when he wanted to build a
"s~co~d story.. If there is .a law,. he. state.d,. it. S~_.u!d .be..honeIed
and wants to see all Saratoga citizens treated equally. He requested
the Planning Co~nission reconsider why the Planning Conm~ssion set
the original standards.
Consensus to check into how changes· are made
after Planning Commission decisions.
· Commissioner Harris stated 5400 sq. ft. was too
...... Bi~'fo~" 't~'i~' ~i~e i" she "~6~'~d" ~h~ ':i~S' '~'S~n~D~h-e~i~ 'to--' . ..
double counting, but that a limit had'to be set." ..."'
Commissioner Peterson stated this was a 22,000
sq. ft. lot and the City has allowed this in the
These standards were primarily for 'the
hillsides, he stated, and did not have any real
problem with this.
Commissioner Harris stated the design of the
home looks so imposing because of its height;
ordinarily she would go along with it.
PlAnning Commiss Minutes - 6/11/86 Page
Commissioner Guch stated the house on the side
is at a lower elevation and for that reason she
had a major concern about the size in that it
will look much bigger than the house to the
side.
Commissioner Pines stated he had maOe many site
visits and felt the houses in this area were all
oversized for 1/2 acre lots. This one really
......... doesn°t affect anyone off the cul-de-sac.
..... H~ 'fu~ 'stated he had a pr~i'~ ~ith 'how 't~e square. footage
that is added to the house after it was reviewed by .the!7.Planning
Commission. This is what makes a sham of the hearingS'-~'
viewing and discussing house sizes. He is willing to
t~is house size'due to the location and size of houses in the
immediate area.
Chairman Burger stated 5he was not so concerned
about the sq. ft. but was concerned about .the
bulk on the lot and that it sits higher than the
lot ne×t to it.
Commissioners SIEGFRIED/HARRIS moved to deny
application. Denied 4-2 with Pines and Peterson
opposed to denial. Applicant has 10 days to
appeal.
\
........ Th~ ~bl~can~ asked that this matter 'be brought before a
study session and therefore reconsider it.
SIEGFRIED/HARRIS motioned to reconsider 'a~d
bring this to a study session and public hearing
o n J u n e 25. ~n carried 6/0.
7. V-738 - Bohn, request for variance approval from front yard
setback to construct a 6 ft. gate, 20 .ft. from
edge of right-of-way where 30 ft. is required at
· 14124 Pike Rd. in the NHR zoning district.
Planning Director Hsia presented staff report
and Commissioner Hart is presented land use
visit.
· Commissioner Siegfried questioned whether this·
traffic and there would be quite a bit
parking inside the gate. Public hearing was
opened at 9:22PM.
Applicant Mike Dillon explainedxthere-.were fairly
large structures on.._~bo_th: ~s-i-des .... of the road.
· Would like to have a 6 ft. gate to give a good
scale. He 'also stated tt~a~T Pike'R6ad'.is--a.priva~e road. a~d "
the._gate is-' 30 ft; back'' from the pr6per~y' lin~.. s-tructura.'lly~
it would'...be very .d'ifficult. tO have a 3' ft.' high, 6 ft. long
gate and b~v.e' i~. hold-. .tQg. ether~.. It woUld be' .~ery easy to
bash down with a vehicle~ "'-
Commissioner Harris asked for clarification 'of ....
materials, and the applicant stated it was
wrought iron with landscaping on both sides.
Mr. Di 1 lon further stated it would be very
attractive with pilasters on the front and it
was designed for front entry.
P~,anni~g Commission M.' nutes - 6/11/86 Page 7
"Commissioner Guch stated that the top of
the fence would be level. The majority of
the fence is 3 ft. and because the drive-
way is below the mounds on either side, it
is not raising the fence up 3 ft., but is
filling in the bottom." Commissioner
Pines concurred.
Commissioners PINES/PETERSON moved to
approve V-738 with the Findings as
described in Exhibit B. Passed 6-0.
SM-31 Bohn, request for modification to site plan to
construct 1,440 sq. ft. patio at rear of
home on a 13% slope and concrete pad at
west side of garage at 14124 Pike Road
in the NHR zoning district.
Commissioner Pines inquired about the landscaping
and whether a plan was available or should be presented
at design review. Staff responded that there was none
but is required under City Code. Staff would ensure
one was submitted if the Ccmnission wished.
After discussion Chair Burger s~,~,arized that consensus
was not to begin enforcement of landscape plan but in-
clude it as an item of discussion when we cover design
review to get some idea of what kind of landscaping
the Planning' ~Commission wants.
Planning Director Hsia presented his staff report
and Conmlissioner Harris presented a site visit
report. Public hearing was opened at 9:39 P.M.
Mr. Dillion, applicant, stated he had a new landscape
plan for the rear of the hane and_presented it to
the Planning Commission and stated the spa has been
eliminated.
Cc~f~ssioner Harris asked for clarification of trees
around the patio' - area.
The applicant stated there are very large trees on
both sides of the house to. reduce the bulk but won't
block the view. There are also oak trees on the
front of the house to reduce the bulk. He further
stated a terraced effect creates another horizontal line
and reduced bulk. There will also be plant 'material
and ornate railing around the patio that will aid in
reducing the bulk of the house.
Com,~ssioner Pines expressed his problem with the pad
off the garage. He could not go along with RV parking
in the side yard. It should have been .considered at
design review.
Canmissioner Siegfried stated he would prefer to see
a truck parked in the garage or the driveway.
Cun. f,~ssioners PINES/SIEGFRIED moved to approve the
patio and deny the concrete pad with staff
Planning Commission Minutes - 8/11/86 Page 8
reconmendations eliminating condition #2. Condition #4 is
~mended to read "landscaping per plan dated 5/4/86," submitted
to the .Planning Conmission at the June llth meeting.
PaSSed 5-1 ~o~[th Cc~missioner'Harris' opposed -bec_~ause 'there is not
enough landscaping at the rear.
9. V-755 - Suit, request for variance from required side and
rear yard to construct detached garageto within
6 'ft. of the side property line'where 10 ft. is
required and 6 ft. from rear property line where
25 ft. is required and variance from height
""limitation to allow 15 ft.6 in. garage where 10
ft. is allowed at 18915 Devon Avenue in the
R-1-10,000 zoning district.
Planning Director Hsia presented staff report,
and the public hearing was opened at 9:50PM.
Mr.' Bii~ ~Ey-rep~eSent~d the applicant, Thbmas'S~it;7'and ....
· explained the-. building wa~. destrQyed. by~-a faI.~ing ~'
tree and tli~ owner though~'~e could just rebuild.
The structure is ohly'l ft. higher than the old
structure. He further stated the c~rrent ordinance
would'allow. existing setback with a flat roof
but would be less attractive than what is there
now'.
Mr. Kusum Vidajage, 18955 McFarland Avenue,
Saratoga, stated he was surprised the building
was almost complete without permits. He lives
right in back of the garage and stated the hobby
room disturbed his family with power saws 'etc..
He further stated his bedroom is only 25 ~t.
away from the hobby room.
Mr. Gerald Chang, 18901 Devon, stated he lives
immediately next door to Mr. Suit on the right.
He stated his kitchen is less than 10 ft. from
the structure and he has no problem with the
hobby room or noise from it. He stated he did
not hear a sound and that he goes to bed at
8:30 P.M.-
Tom Clark, 18887 Devon Avenue~ stated the depth
of the building was the same but the width has
been changed. .He stated the applicant has added.
to the beauty of the building.
CommissionerSiegfried would like to get a better
feel of neighbors' living area adjacent to the
structure.
Commissioner Peterson stated the 1120 sq.
ft.unit is almost as big as .the house.
.... ~ ~.-Planning Commission Minutes - 6/11/86 Page 9
Chair Burger stated it was the consensus of the
Commission to get more detailed information, especi-
ally regarding how it impacts the neighbors.
Commissioner Peterson suggested a site visit before
the study session. Consensus to adjourn the regular
meeting to 7:30 P.M., Tuesday, June 2~tha~theConmUnity
Center meeting room to'make a decision at that time.
COMMUNICATIONS
Written 1. Letter from Callandar Assoc. re joint study sessf~n
- Villa Montalvo Master Plan, June 16th, 1986.
· Due to a conflict in schedules, the Commissioners could
not attend and agreed that the July 1, Committee-of-the-
~Whole meeting would be an appropriate date. Staff to
contact Callander Assoc.
Oral by Commission
Planning Commission adjourned at 10:40 P.M. to 7:30 P.M.
Tuesday, June 17, to make a decision on V-735, following
a site visit.
Respectfully submitted,
Yuchuek Hsia
Secretary of the Planning Commission
YH:mj