HomeMy WebLinkAbout03-25-1987 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: March 25, 1987 - 7:00 P.M. :
PLACE: Civic Theater, 13777 Fruitvale AvenUe, Saratoga CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Burger, Commissioners Siegfried, Pines, Guch, Callans,
Tucker
Absent: Commissioner Harris
Approval of Minutes: Minutes of February 25, f987
Commissioner Pines requested the following chai~ges: On Page 5, Parking, fourth paragraph,
second sentence to read, "In response to Commissioner Siegfried's comment..."
Commissioner Siegfried asked that in the same paragraph, first sentence, to add after
"intensification of office use (less square footage:, per user)..."
Commissioner Pines asked that on Page 6, final paragraph, to read "..he suggested a 25%
reimbursable commitment..." On Page 7, delete :Exhibit A- 1 :, first sentence and add,
"according to his figures the gross area is 1.42 ares or 61,855 sq. ft. The actual net area must
still subtract the additional 15 ft. Santa Clara Couhty Flood Control District easement or 6750
sq. ft. The net square footage then, equals 45,325 sq.ft." On the second sentence delete 52
sq. ft. and add "15 sq. ft."
TUCKER/CALLANS MOVED APPROVAL O.Fi MINUTES OF FEBRUARY 25, 1987, AS
AMENDED. Passed 5-0-1, Commissioner Guch abstaining.
Deletions to the Agenda:
Planning Director Hsia requested the removal of:Item 11, A-900.1 for discussion.
He asked that Item 13 be Continued to April 22, [987, to allow additional time for review.
ORAL COMMUNICATIONS: None.
REPORT OF CLERK ON POSTING OF AGENDA:
Pursuant to Government Code 54954.2, the agen~a for this Meeting was prope~y posted on
March 20, 1987.
CONSENT CALENDAR: '.
1. V-727-2 Davies, consideration of removal of conditions of V-727 to "install and
maintain an automatic gate on :.the easement. Location and design of the gate
to be approved by the Saratoga Fire Chief."
In response to a request by a member of the public to speak on this issue, the City Attorney
was asked by the Commission to comment; he n~ted that the issue of concern to Staff was
access. He reviewed the Memorandum of March 17, 1987, and added that the City unwittingly
became party to a possible infringement of easement rights. He stated that neither concerns of
safety, traffic, nor whether the Fire District appro~,ed the gate were at issue; the City
recommended that the condition be removed because it constituted an infringement upon access
rights.
Planner Caldwell called attention to letters received from:
Mr. Thomas Davies ..
Virgil H. and Jane W. Campbell
Mr. Thomas Davies, Applicant, objected to the l~ck of public notice on this Item and requested
that this Item be placed on the Public Hearings calendar. He asked that the final decision which
had already been made not be modified a year lat.br.
SIEGFRIED/GUCH MOVED APPROVAL OF CONSENT CALENDAR. Passed 6-0.
PLANNING COMMISSION MEETING Page 2
MARCH 25, 1987
PUBLIC HEARINGS CONSENT CALENDAR:
2. DR-86-054 Krajeska, request for design review approval of plans to construct a new
4,013 sq. ft. two-story single family home at 13943 Pierce Rd. (Vista
Regina) in the NHR zoning district. Continued from January 28, 1987.
3. DR-86-070 Ng, request of building site'. and design review approval of plans to
SD-86-011 construct a 1,704 sq.ft. twO-story addition to an existing one-story
single family residence at 20602 Carniel Ave., in the R-1-12,500 zoning
district per Chapter 14 and 15 Of the City Code.
Continued from February 11, 1987.
4. DR-87-011 J. Lohr, request for design review approval of plans to construct a new
2,977 sq. ft. one-story single family home at 18743 Cabernet Dr., in the
R- 1 - 10,000 zoning district per Chapter 15 of the City Code.
5. DR-87-001 J. Lohr, request for design review approval of plans to construct a new
3,163 sq. ft. one-story single family home at 18775 Cabernet Dr., in the
R-l-10,000 zoning district per ~Chapter 15 of the City Code.
6. DR-87-001 Perala, request for design review approval of plans to construct a 324 sq.ft.
two-story addition to an existing stepped one-story single family dwelling at
21240 Maria Ln. in the NHR. zoning district per Chapter 15 of the City
Code.
7. DR-87-016 Coffey, request for design review approval of plans to construct three (3)
DR-87-017 new 3,997 sq.ft. one-story single family homes at 20437, 20436 Kilbride
DR-87-023 Ct. and 13287 Glasgow Ct. in the R-1-12,500 zoning district per Chapter
15 of the City Code.
...................................................... '? ....................................................
8. DR-87-021 Coffey, request for design review approval of plans to construct two (2)
DR-87-024 new 3,620 sq. ft. one-story Single family homes at 13276 and 13275
Glasgow Ct. in the R-1-12,500 zoning district per Chapter 15 of the City
Code.
...................................................... _.. ....................................................
9. DR-87-019 Coffey, request for design rex~iew approval of plans to construct two (2)
DR-87-026 new 3,587 sq. ft. one-story single family homes at 13252 and 13281
Glasgow Ct. in the R-1-12,500 zoning district per Chapter 15 of the City
Code. '.
10. DR-87-018 Coffey, request for design review approval of plans to construct four (4)
DR-87-020 new 3,929 sq. ft. one-story single family homes at 20449 Miljevich Dr.,
DR-87-022 13264, 13286 and 13263 Glasgow Ct. in the R-1-12,500 zoning district per
DR-87-025 Chapter 15 of the City Code.
11. A-990.1 Studa, request for a modi~catii~n to a condition to allow applicant to enter
into a deferred improvement agreement rather than underground utilities
prior to occupancy for a professional office building located at 19100 Cox.
Ave. in the P-A zoning district.':
....................... ~ .............................. ..~ ....................................................
Planning Director Hsia had already removed Item 11 from Public Hearings Consent Calendar.
Commissioner Tucker requested removal of Item !0 from Public Hearings Consent Calendar.
GUCH/PINES MOVED APPROVAL OF PUBLIC HEARINGS CONSENT CALENDAR
WITH REMOVAL OF ITEM 10 AND ITEM 11..Passed 6-0.
PLANNING COMMISSION MEETING : Page 3
MARCH 25, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
10. DR-87-018 Coffey, request for design re~,iew approval of plans to constract four (4)
DR-87-020 new 3,929 sq.ft. one-story single family homes at 20449 Miljevich Dr.,
DR-87-022 13264, 13286 and 13263 Glasgow Ct. in the R-1-12,500 zoning district per
DR-87-025 Chapter 15 of the City Code.
Commissioner Tucker questioned in DR-87-020 why there was no statement prohibiting two-
story structures; Consensus that two-story structures were allowed on interior lots 5 and 6.
Commissioner Pines complimented the developer for presenting larger houses which did not
unduly impact the neighborhood.
TUCKER/SIEGFRIED MOVED APPROVAL OF DR-87-018,020, 022, AND 025.
Passed 6-0.
11. A-990.1 Sturla, request for a modi~cat, ion to a condition to allow applicant to enter
into a deferred improvement! agreement rather than underground utilities
prior to occupancy for a professional office building located at 19100 Cox.
Ave. in the P-A zoning district.
Planning Director Hsia presented the Report to Planning Commission, dated March 25, 1987;
Staff amended Recommendations to read, "1. Prior to final inspection of the office building
now under construction at 19 100 Cox Ave., applicant shall enter into a deferred improvement
agreement to underground overhead utilities, and! 2. Applicant to underground overhead
utilities prior to final inspection of future building on an adjacent parcel to the south or by
March 25, 1992, whichever comes first."
Chairwoman Burger noted on land use visit that Overhead utilities were extremely unintrusive.
The Public Hearing was opened at 7:25 P.M.
SIEGFRIED/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 7:26 P.M.
Passed 6-0.
PINES/GUCH MOVED APPROVAL OF A-900. 1 WITH THE ADDITION OF TWO
CONDITIONS AS STATED. Passed 6-0.
PUBLIC HEARINGS;
12. Saratoga Village Plan - Consider preliminary public input on draft Saratoga
Village Planning Program.
Planning Director Hsia reviewed the actions of the Planning Commission and presented a draft
of the Commission's comments.
Land Use/Zoning: b., Commissioner Pines suggested a statement addressing possible parking
impact from additional usage due to third story space.
Circulation and Parking: c., Consensus reached to delete the word "very" to read, "The
Commission believes a parking "structure" is a 10ng-range possibility..."
In d., Consensus reached that a Traffic Study asses the best location for pedestrian crosswalks.
Commissioner Tucker suggested the use of limited parking (15-20 minute) on Big Basis Way;
Consensus reached that the Traffic Study consider this recommendation.
SIEGFRIED/PINES MOVED ADOPTION OF THE SARATOGA VILLAGE PLAN DRAFT.'
Passed 6-0.
13. City of Saratoga, consider report and recommendation to the City Council
regarding alternative uses for 'school sites. Continued to April 22, 1987.
PLANNING COMMISSION MEETING Page 4
MARCH 25, 1987
PUBLIC HEARINGS Continued
14. A-924.1 Bar r, request for modification to a design review condition allowing the
construction of a 6 ft. high masonry wall to within 12 ft. of the exterior side
yard property line and consider approving the landscaping plan for property
located at 13914 Camino BarCo in the R-1-40,000 zoning district.
Planning Director Hsia presented the Report to tlie Planning Commission, March 25, 1987;
Staff recommended denial of a medification to a design review condition and approval of a
preliminary landscaping plan.
Commissioner Guch reported on the site visit.
The Public Hearing was opened at 7:35 P.M.
Mr. Zaven Paparigian, Project Designer, compared the Report to the Planning Commission of
December 6, 1983, and the current Report, noting inconsistencies in statements. He noted
twelve, 6 ft. high, solid fences between Fruitvale'Ave. and Quito Rd; a series of photographs
of area fences was presented. Slides, giving visu~tl and spatial relationships between the street,
landscaping and the fence were also shown.
Commissioner Siegfried noted that the Applicant addressed visual and spatial impact only from
the vantage point of Quito Ave. coming towards Fruitvale Ave. He stated that he would not
object to some minor intrusion in the setbac eqfi'rement; however, he could not rationalize a
kr
10 ft. intrusion into the side yard setback. Mr. Paparigian asked that the Barrs be allowed to
address this issue at a Study Session.
SIEGFRIED/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 8:49 P.M.
Passed 6-0.
Commissioner Guch commented that she understood comments made regarding spatial and
visual impact and the use of landscaping to soften the impact of the wall; however, the bulk of
the house was toward Camino Barco. She questioned the purpose of placing the fence within
the setback and stated that she would not vote in favor of the design review modification.
Commissioner Siegfried reiterated comments alrdady made; Commissioner Pines concurred
and noted the already extensive back yard. Consensus reached not to continue this Item at a
Study Session. :
GUCH/PINES MOVED TO DENY MODIFICA,TION OF THE 1984 DESIGN REVIEW
CONDITION AND APPROVE THE PRELIMINARY LANDSCAPING PLAN WITH A
CONDITION ADDED THAT FINAL PLANS BE SUBMITTED TO THE PLANNING
DEPARTMENT FOR REVIEW AND APPROVAL. Passed 6-0.
15. AZO-86-002 City of Saratoga, consideration of an ordinance amending Sections
15-80.020 and 15-80.080 of the City Code pertaining to radio and
television antennas. A NegatiVe Declaration has been prepared for this
application. Continued from ,February 25, 1987.
The City Attorney presented a draft Ordinance es~blishing new regulations for radio antenna
and called attention to the Memorandum of January 28, 1987. He noted correspondence
received from Mr. Joe Kennedy and the American.' Radio Relay League, Inc.
With respect to the comments made by Mr. Kennedy, the City Attorney stated that an antenna
was defmed as the "entire assembly;" this language differed from definition commonly used
by radio operators. Proposed Ordinance would apply to licensed ham radio operators only.
The Public Hearing was opened at 8:00 P.M. ,
Mr. Rod Stafford, Director of the Pacific Division, American Radio Relay League, Inc., called
attention to the letter of February 24, 1987 and made himself available for questions. He
recapped the decision in the Themes vs, City of Lakeside, Kentucky case, which allowed 73
ft. high antenna, which was required for effective communication by an amateur.
PLANNING COMMISSION MEETING Page 5
MARCH 25, 1987
PUBLIC HEARINGS Continued
In response to Chairwoman Burger's question, Mr. Stafford confirmed that emergency
communications may not be as effective if a certain required antenna height was not reached.
In response to the City Attorney, he stated that communications principles were similar
between the case in Kentucky and the proposed Ordinance, namely, that a 65 ft. height was
required to communicate effectively. While there may not be a substantial difference between
65 ft. and 73 ft. in height, effectiveness was reduced as height was decreased to 55 ft. He
noted the role of ham radio operators in emergencies such as the Lexington fire.
SIEGFRIED/GUCH MOVED TO CLOSE THEPUBLIC HEARING AT 8:09. Passed 6-0.
Commissioner Siegfried was favorable to 65 ft. in height with the understanding of structure
vs. antenna clearly defined. In response to a question, Mr. Stafford stated that there were
approximately 75 licensed amateur operators in the City. The City Attorney noted that the FCC
was no longer issuing licenses to CB operators and suggested that CB operators be excluded
from Ordinance requirements. Deletion of words, "or citizens band radio" in Section
15-80.080, (a) 2.
SIEGFRIED/PINES MOVED APPROVAL OF AZO-86-002 WITH A CHANGE OF
HEIGHT OF ANTENNA FROM 55 FT. TO 65 FT. AND MODIFICATION OF SECTION
15-80.080, (A) 2. AS STATED. Passed 6-0.
MISCELLANEOUS:
16. DR-86-069 Johnson, consideration of driveway location as required by previous
conditions of approval for proposed home located at 18955 Monte Vista Dr.
(now 18945 Monte Vista Dr.)
Planning Director Hsia presented the Report to the Planning Commission, March 25, 1987,
and noted that Staff was not making a specific recommendation on this Application.
Commissioner Guch reported on the site visit.
Chairwoman Burger noted that this was not a Public Hearing; upon request of the parties
involved the Commission listened to testimony.
Mr. Ernst H. Gemassmer, 18935 Monte Vista DiT., Saratoga, noted sincere concerns regarding
safety of the proposed driveway and cited a lettei' of March 9, 1987, addressed to Planner
Calfwell. He noted that Staff Report did not mention these safety concerns nor considerations
· regarding the pine tree located 30 ft. from the Johnson property line. He reiterated concerns
regarding the safety hazards and suggested relocation of the proposed driveway.
Mr. Steven Chargin, Attorney representing Dr. Johnson, stated that the Johnsons had already
submitted their Application; safety concerns of the Gemassmers had already been considered.
He noted the additional cost to the Johnsons if the driveway location were to be changed at this
time.
Commissioner Siegfried related his experience of a shared driveway. He did not believe there
were any significant safety concerns regarding this matter. Commissioner Pines concurred,
adding that he shares an easement with six other:families, all the neighbors use care in entering
and exiting the driveway; there had never been an accident.
Mrs. Ernst Gemassmer requested to address the Commission; the Chair noted that both parties
had opportunity to speak, this was not a Public Hearing and that the Commission already had
the information needed to make a decision.
SIEGFRIED/TUCKER MOVED APPROVAL OF DR-86-069, EXHIBIT DATED MARCH 6,
1987. Passed 6-0.
In response to further objections of Mrs. Gemassmer, the Chair noted the fight of appeal of
the decision of the Planning Commission to the City Council.
PLANNING COMMISSION MEETING Page 6
MARCH 25, 1987
MISCELLANEOUS Continued
17. DR-86-028.1 Wayne Miller Investment Co., request for reconsideration of denial of
design review of 15,400 sq. ft. retail center on 1.42 acres of vacant
property located east of Saratoga-Sunnyvale Rd., approximately 300 ft.
south of Cox Ave. in C-N zone district.
Planning Director Hsia reviewed the request for reconsideration of denial of DR-86-028 and
apprised the Commission of actions available. The City Attorney reviewed the status of this
Application and noted that the denial of the Planning Commission was currently being appealed
to the City Council. He advised the Commission on the appropriateness of the Commission
hearing the Applicant regarding the request for a reconsideration.
Mr. Norm Hulberg, Applicant, stated that AppliCants had considered comments and
recommendations made by the Planning Commission on February 25, 1987; he noted that the
two major areas of concern were traffic and landscaping and asked that the proposal be
reconsidered as originally presented; however, cbnsems expressed by the Planning
Commission would be addressed as follows:
Driveway location; Applicants would accept the number and placement of driveways as
directed by the Commission. ..
Commissioner Siegfried interrupted and asked for a response regarding the timing of
occupancy of the project and installation of the traffic signal at Pierce Rd. and
Saratoga-Sunnyvale Rd. Mi'. Hulberg stated that their proposal would be to allow occupancy,
but only use of the northern driveway until the traffic signal was installed; however, if this
proposal was not acceptable to the Commission, Applicants would consider another
alternative.
The Commissioner noted that the Commission was unanimous that occupancy should not
occur under any circumstances without the traffic. signal being installed at this location. Mr.
Hulberg suggested that approval of the Application be conditioned upon this requirement and
asked the Commission to review this Application. again.
Commissioner Pines noted that his concerns had been stated when the Application first came
before the Commission; these concerns had not wavered in any substantial degree. He noted
for the record there were not simply two issues, namely traffic and landscaping, of concern to
Commissioners.
Commissioner Siegfried offered to make a motion for reconsideration provided there be no
occupancy without installation of the traffic signal.
SIEGFRiED/BURGER MOVED FOR RECONSIDERATION OF DR-86-028-1 WITH THE
UNDERSTANDING THAT THERE BE NO OCCUPANCY WITHOUT INSTALLATION
OF A TRAFFIC SIGNAL AT PIERCE RD. AND SARATOGA-SUNNYVALE RD.
Passed 5-1, Commissioner Pines oppose,d.
Consensus reached by the Planning Commission to reconsider this Application in a Study
Session on March 31, 1987; Application Contint~ed to a Public Hearing on April 22, 1987.
Applicant to submit plans reflecting proposed revisions, incorporating the comments of the
Planning Commission.
18. SUP- 12 Bolander, one year review of a' second unit use permit approval for property
located at 14231 Douglass Ln., in the R-i-20,000 zoning district per
Chapter 15 of the City Code.
Planning Director Hsia presented the Report to the Planning .Commission of March 25, 1987.
Planner Calkins stated that the Applicant was having difficulty completing architectural plans to
be submitted to Building Inspection Department; ilie Applicant had assured him that plans
would be submitted within the time limits of the next Planning Commission Meeting.
Commissioner Guch was favorable to granting thd, requested two-week delay and noted the
desire that the Commission not give any appearance of unfairness. Commissioner Siegfried
concurred. Commissioner Tucker was favorable to granting the two-week delay with the
understanding that failure to come forward on April 8, 1987, would result in a negative vote.
PLANNING COMMISSION MEETING Page 7
MARCH 25, 1987
MISCELLANEOUS Continued
PINES/CALLANS MOVED TO CONTINUE SUP-12 TO THE PLANNING COMMISSION
MEETING OF APRIL 8, 1987. Passed 5-1, Chairwoman Burger opposed.
COMMUNICATIONS:
Written:
1. Minutes of Heritage Preservation Commission of March 4, 1987 and February 18, 1987.
Noted and filed.
2. Memo from Planning Dept. re: Landscaping:inquiry, 4th and Oak Street. Noted and filed.
Oral by Commission:
Commissioner Guch reported on the City COuncil Meeting of February 4, 1987.
Commissioner Harris absent. Report on City Council Meeting of February 18, 1987,
postponed.
ADJOURNMENT;
The meeting of the Planning Commission was ad: oumed at 8:55 P.M.
Zff/l.ly sub~,Z~'./"
·
Carol A. Probst-Caughe
Recording Secretary