HomeMy WebLinkAbout04-22-1987 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: April 22, 1987 - 7:00 P.M.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Harris, Commissioners Guch, Callans, Tucker Absent: Commissioners Siegfried, Burger,
Approval of Minutes: Meeting of April 8, 1987.
Chairwoman Harris asked that on Page 3, Public Hearings, third paragraph, amending to read,
"Implications in the Staff Report that the building had not already been built; when in fact, it
was already built." Final sentence of this section to read, "ff this barn were to assure clearing
of the junk and cars, the neighbors would probal~ly prefer to have the barn."
GUCH/TUCKER MOVED APPROVAL OF MINUTES OF APRIL 8, 1987, AS AMENDED.
Passed 4-0.
Deletions to the Agenda: None.
ORAL COMMUNICATIONS; None.
REPORT OF CLERK ON POSTING OF AGENDA:
Pursuant to Govemment Code 54954.2, the agen'da for this Meeting was properly posted on
CONSENT CALENDAR;
1. LL-87-001 Patacsil, request for lot line adjustment to transfer 1920 sq. ft. from parcel
A to parcel B. at 15040 Encina Ct. in the R-I-40,000 zoning district.
2. SD-1368 Cocciardi, request for approval of plans for landscaping, retaining walls and
treatment of trail easements a~ required by conditions of a Tentative Map at
Old Oak & Chiquita Way in the NHR zoning district.
GUCH/TUCKER MOVED APPROVAL OF THE CONSENT CALENDAR. Passed 4-0.
PUBLIC HEARINGS CONSENT CALENDAR;
3. DR-86-057 J. Lohr, 18917 Cabernet Dr. (Lot 4, Tract 7655) request for design review
approval for a new 3,494 sq. ft. 2 story home in the R-l-10,000 zoning
district per Chapter 15 of the City Code.
4. SUP-86-002 Horvath, 15209 Blue Gum Ct., request for use permit to legalize an existing
detached 650 sq. ft. second unit in the R-I-40,000 zoning district per
Chapter 15 of the City Code. Continued to May 13, 1987 per request of the
applicant.
5. SD-87-001 DNS Development, N.W. corner of Saratoga-Sunnyvale Rd. & Manor
Dr., request for Tentative Map approval for a 5 lot subdivision of a 2.06
acre site in the R-1-12,500 zoning district per Chapter 14 and 15 of the City
Code.
PLANNING COMMISSION MEETING Page 2
APRIL 22, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
6. DR-87-015 Mauro, 12475 Continental Circle, request for design review approval of
plans to construct a new two story 6,662 sq. ft. residence in the NHR
zoning district per Chapter 15 of the City Code.
7. DR-87-003 Fritsinger, 14051 Loma Rio Drive, request for design review approval of
plans to add a second story and remodel an existing one story single family
home in the R-1-12,500 zoning district per Chapter 15 of the City Code.
8. DR-86-040 Lohr, 19546 Chardonnay Ct., request for design review approval of a new
3,928 sq. ft. two story single family dwelling in the R-1-12,500 zoning
district per Chapter 15 of the City Code.
9. DR-86-041 Lohr, 19568 Chardonnay Ct., request for design review approval of a new
4,226 sq. ft. two story single family home in the R-1-12,500 zoning district
per Chapter 15 of the City Code.
10. DR-87-008 Lohr, 18766 Cabernet Dr., request for design review approval of a new
3,503 sq. ft. two story single family home that exceeds the floor area
standard by 3 sq. ft. in the R-.I~10,000 zoning district per Chapter 15 of the
City Code.
11. DR-87-009 Lohr, 18754 Cabernet Dr., request for design review approval of a new
3,481 sq. ft. two story single family home in the R-l-10,000 zoning district
per Chapter 15 of the City Code.
Chairwoman Harris noted that Item 4 had been Continued to May 13, 1987.
Staff requested removal of Item 5 from Public Hearings Consent Calendar.
Commissioner Guch requested removal of Item 6 from Public Hearings Consent Calendar.
Planner Caldwell noted that in Conditions of Approval for J. Lohr applications, there was a
requirement for spark arrestors; this requirement was added by the Central Fire District.
GUCH/TUCKER MOVED TO APPROVE PUBLIC HEARINGS CONSENT CALENDAR
WITH REMOVAL OF ITEMS 5 AND 6. Passed 4-0.
5. SD-87-001 DNS Development, N.W. corner of Saratoga-Sunnyvale Rd. & Manor
Dr., request for Tentative Map approval for a 5 lot subdivision of a 2.06
acre site in the R-1-12,500 zoning district per Chapter 14 and 15 of the City
Code.
Planning Director Hsia presented the Report to the Planning Commission of April 17, 1987.
Commissioner Tucker reported on the Site Visit.
Planner Caldwell noted the letter received from :Mr. R. Childtess, dated April 22, 1987. She
reviewed the following items addressed in the letter:
Manor Drive Improvement: clarification requested by the applicant that only half of the
street was to be overlaid by the Applicant; Staff concurred
- Saratoga-Sunnyvale Rd. Improvements: Condition III, 5.a., to read, "Designed structural
section between edge of pavement and flowline..."
- Median Enclosures: Staff felt strongly that medians should be closed for safety and
that the medians be extended toward Saratoga-Sunnyvale Rd. to prevent cross traffic at
Manor Drive creating a safety hazard.
- Manor Drive Access: Applicant preferred to have access from Lots 1 and 4 directly to
Manor Drive; Staff felt that the cul-de-sac should allow access from all four of the lots,
thus controlling traffic.
- PG&E Frontage Improvement: Staff had no objection to a deferred improvement
agreement.
- Soundwalls: Due to proximity of rear property lines, exposure to Saratoga-Sunnyvale Rd.
and a railroad, installation of a soundwall would protect the future residences.
Future Residences: Staff recommended review by the Commission on a case by case
basis.
PLANNING COMMISSION MEETING Page 3
APRIL 22, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
The Public Hearing was opened at 7:14 P.M.
Mr. Richard Childress, Applicant, stated that the intend was to do a standard subdivision in the
area; he reviewed the proposed project, addressing the following points:
Median Enclosures: He had no particular objection to this request; however, he noted that
some of the median openings benefited the neighborhood and asked that the Commission
consider this possibility.
Manor Drive Access: He noted the effort to make this project consistent with the adjacent
neighborhood and asked that Lots 1 and 4 front on Manor Drive. Driveways for Lots 1
and 4 could be constructed without serious detriment to the trees on the property.
PG&E Frontage Improvement: He stated he was not referring to undergrounding utilities,
rather he was addressing Staff request to improve PG&E's 75 ft. frontage on
Saratoga-Sunnyvale Rd. curb, gutter and sidewalk. Since the Applicants were not the
owners of this property, he asked that they not be required to improve PG&E's frontage.
Soundwalls: He concurred that on Saratoga:Sunnyvale and perhaps on Lot 2, soundwalls
would be useful. He noted the installation of wood fences on the entire frontage of the
PG&E corridor. He added that it was 100 fh from the rear fence to the railroad tracks.
Future Residences: Applicants requested two story houses.
Mr. Don Ciferman, 12400 Green Meadow Ln., Saratoga was supportive of this development.
He asked that the following situations be reviewed:
Landscaping on the median if closed and asked that sprinklers be added.
Traffic and safety impacts from Saratoga-Sunnyvale Rd. with consideration of mitigations
Ms. Janet Ameral, 12483 Green Meadow Ln., Saratoga, asked that the medians not be closed,
noting traffic and safety impacts. Furthermore, she asked that landscaping for any houses
fronting Manor Dr. be consistent with adjacent homes.
Mr. John Della Monica, 20590 Manor Dr., Saratoga, concurred with the above.
Mr. Harvey Burger, 12500 Green Meadow Ln.," Saratoga, noted traffic impacts of extending
the median to Saratoga-Sunnyvale Rd., adding that visual impact would also occur.
Mr. Chuck Robin, 12436 Green Meadow Ln., Saratoga, endorsed the closing of the median
for the safety of children in the area. He concurred regarding difficulty of making a left hand
turn onto Saratoga-Sunnyvale Rd.
SIEGFRIED/CALLANS MOVED TO CLOSE THE PUBLIC HEARING AT 7:29 P.M.
Passed 5-0.
Commissioner Guch noted consideration of comments made with regard to possible closure of
the median. Commissioner Siegfried noted the unusualness of the proposed condition requiring
improvements on PG&E property; Chairwoman Harris commented that this property was
unsightly and she would like to see a sidewalk between the railroad tracks and Manor Drive.
The City Attorney stated that a condition requiring improvements could be imposed; such a
condition would be subject to the consent of the owner of the property.
Commissioner Guch was favorable to allowing two story houses subject to design and favored
the installation of a soundwall. Commissioner Siegfried questioned the visual impact of a
soundwall along the PG&E property; Chairwoman Harris questioned whether a soundwall
also required landscaping and maintenance. The City Attorney recommended that the CC&R's
establish a homeowners association with such a responsibility.
City Attorney Topple questioned Exhibit "A", III, Condition 15; he suggested that the
Applicant submit a landscaping plan subject to Staff approval and reviewed by PG&E. As part
of the annexation, this strip would be brought into the landscaping and lighting district with an
understanding that the cost of maintenance would be assessed against the homeowners.
Consensus reached that the medians remain open; Staff and the Applicant to determine the
extension of the median toward Saratoga-Sunnyvale Rd. Soundwall adjacent to the PG&E
property may be constructed of redwood fencing,.. to be reviewed at design review.
PLANNING COMMISSION MEETING Page 4
APRIL 22, 1987
PUBLIC HEARINGS CONSENT CALENDAR. Continued
Chairwoman Harris felt that for safety, all driveways should exit off of Manor Ct., even if
homes fronted Manor Dr; Commissioner CallanS concurred that Lots 1 and 4 should exit off of
Manor Ct. Mr. Childtess presented exhibits showing layout alternatives. Placement of
driveways to be considered at design review. The City Attorney suggested the following
Condition of Approval of Tentative Map Approval, "The location of the driveways for Lots
land 4 shall be determined at the time of design review."
Planner Caldwell reviewed the wording of Conditions of Approval, Exhibit A, :
- III 5.a, as amended above
- III 15., add, "soundwall and the landscaping on Saratoga-Sunnyvale Rd. only."
- HI 17., insert word, "toward" in place of "to" in first sentence. Eliminate final sentence.
Consensus reached to extend the median far enough to prohibit U-turns.
- VIII, 3., delete first line, to read, "Locations of driveways for Lots 1 and 4 to be examined
at design review."
- VIII,. 4, amended to read, "The applicant shall construct a masonry sound wall among
Saratoga-Sunnyvale Rd. The location and design of the wall shall be approved by the
Planning Director prior to Final Map approval."
SIEGFRIED/CALLANS MOVED APPROVAL OF SD-87-001, EXHIBIT "A" AS
AMENDED, SOUNDWALL/FENCING ALONG THE REAR PROPERTY LINE TO BE
DETERMINED IN DESIGN REVIEW. ADOPTION OF A NEGATIVE DECLARATION.
Passed 5-0.
6. DR-87-015 Mauro, 12475 Continental Circle, request for design review approval of
plan. s to construct a new two story 6,662 sq. ft. residence in the NHR
zomng district per Chapter 15:of the City Code.
Planning Director Hsia presented the Report to the Planning Commission of April 22, 1987.
Commissioner Guch reported on the site visit.
Chairperson Harris questioned the proposed height and square footage of this home in
comparison to adjacent homes; Planner Caldwell provided the requested information.
The Public Hearing was opened at 8:15 P.M. :
Mr. Roger Griffin, Paragon Design, noted the Applicants desire to have the house follow the
contours of the site; the narrow side of the home was to be placed toward the Valley with a
maximum height of 26 feet at the center point of the building. He reviewed proposed land-
scaping adding that any appearance of bulk had been solved through one story construction at
the east and west points of the home; south elevation to be balanced by the hillside behind it.
SIEGFRIED/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M.
Passed 5-0.
Commissioner Guch noted visibility of the site, impact of the house from Comer Dr. and the
view shed, adding that the house was not stepped up the hillside; Commissioner Tucker
concurred. Chairperson Harris questioned whether the house could be adequately screened as
it would also be visible from homes in the Pierce Rd., Wardell, and Arroyo De Arguello areas
to the southeast. Commissioner Siegfried noted 'the massiveness of the house and questioned
the appropriateness of the proposed design.
Chairwoman Harris confumed that the Applicants were amenable to a Study Session to be held
April 28, 1987; Application to be continued to May 27, 1987.
SIEGFRIED/CALLANS MOVED TO CONTINUE DR-87-015 TO MAY 27, 1987.
Passed 5-0.
PLANNING COMMISSION MEETING , Page 5
APRIL 22, 1987
PUBLIC HEARINGS;
12. School Sites - City of Saratoga, consider report and recommendation to the City
Council regarding alternative uses for school sites. Continued from March 25,
1987.
Planning Director Hsia presented the Memorandum of April 17, 1987.
Planner Young recommended that under Item 4 the following be added, to read, "One issue of
mutual concern is the maintenance of recreational uses and open spaces available to the general
public which may be provided by school sites."
The Public Hearing was opened at 8:32 P.M.
Ms. Dorothy Dickmann, Los Gatos/Saratoga High School Districts, noted that the defined
objectives did not appear to be in line with the Council's goal of keeping Saratoga High School
open; on the contrary, these objectives seemed to'be a deterrent to the goal. The ability to keep
Saratoga High School open would require maxirnizing income potential.
She called attention to the original Memorandum noting that professional-administrative and
light industrial uses were already present in the area of Saratoga High School; the limitation of
uses to educational purposes was restrictive and unprofitable. She asked that professional-
administrative uses be allowed for this facility.. In the view of Commissioner Siegfried, the
Commission would not support a policy statement favorable to the uses being proposed.
Mr. Dave Burke concurred that professional or 1.ight industrial uses for Hanson School would
be a problem; he added that the School was poorly maintained.
GUCH/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. Passed 5-0.
Commissioner Siegfried suggested a change in':the draft which would reflect former Mayor
Fannelli's proposal, indicating that at the Public Hearing concern was expressed about being
too restrictive in the proposed uses of Saratoga High School; he noted that the School was on a
main through fare. The greatest concern was fo.r schools which were completely surrounded
by residential.
SIEGFRIED/CALLANS MOVED TO FORWARD THE DRAFT TO THE CITY COUNCIL,
ADDING TO ITEM 4, TO READ, "ONE ISSUE OF MUTUAL CONCERN IS THE
MAINTENANCE OF RECREATIONAL USES .AND OPEN SPACES AVAILABLE TO THE
GENERAL PUBLIC WHICH MAY BE PROVIDED BY SCHOOL SITES." Passed 5-0.
13. UP-87-002 Novakovich, 14251 Fruitval'e Ave., request for use permit and design
DR-87-038 review approval of plans to construct a 2,400 sq. ft. accessory structure
(barn) in the Agricultural zoning district. Continued from April 8, 1987.
Planning Director Hsia updated the Commission on the status of this Application.
Commissioner Tucker reported on a second site x/isit which included the interior of the barn.
Chairwoman Harris noted that the bam had already been built in order to clarify the Application
under consideration; pictures of the site were presented. She noted a letter received, unsigned,
in opposition to the proposed Use Permit. Commissioner Tucker received a phone call in
opposition to an approval of this Application.
The Public Hearing was opened at 8:50 P.M. ,
Mr. George Novakovich, Applicant, stated that the barn was for equipment storage and farm
vehicles; he thought that due to the Williamson Act, a permit was not required. He was
agreeable to clean up efforts discussed at the site Visit, including removal of some vehicles.
Mr. Peter Joachim, 14287 Okanogan Dr., Saratoga, stated residents had agreed that if the
Novakovich's would use the barn for the vehicles, they would not object to the Use Permit.
He noted that some efforts had been already been made. Chairperson Harris noted for the
record that the site visit committee had not driven to the western side. Mr. Joachim recognized
that this property was a working farm and had no objection to equipment used on this farm.
PLANNING COMMISSION MEETING Page 6
APRIL 22, 1987 '
PUBLIC HEARINGS Continued
Mr. Larry Fordisc, 14191 Okanogan Dr., Saratoga, did not object to the barn; however, he
objected to the apparent disregard of the Applicant for the rest of the community. He noted a
chain link fence and a barb wire fence placed within a foot of the property line; in addition,
. eucalyptus trees were left unattended. He asked that communications be opened with the
Applicant to insure a harmonious community and noted their cooperation in the past.
Mr. Bruce Chapley, 14165 Taos Dr., Saratoga, was favorable to living adjacent to a working
farm and did not oppose the construction of a barn; equipment on the property was adequately
screened. He disagreed that the home owners asiociation could make any official statement.
Commissioner Siegfried asked that an agreement with the City be drafted; such agreement
would be part of the Use Permit. The City Attorney noted that this Application would have to
be consistent with the Fencing Ordinance and :cited applicable Zoning Regulations for the
Agricultural District.
GUCH/SIEGFRIED MOVED TO CLOSE THE :.PUBLIC HEARING AT 9:10 P.M.
Passed 5-0. '
Commissioner Siegfried requested a condition requiting landscaping between the fence and the
barn; he questioned the present color of the barn and suggested that some restrictions be placed
on the property owner. He noted the legitimate concern of the neighbors. Commissioner
Guch did not object to the barn; however, she did object to refuse on the property. The
Applicant agreed during the site visit that the refuse to the side of the barn would be cleaned up.
Commissioner Tucker stated that she could not make Finding A and noted that the barn could
have been placed in conformity with the side. yard setback requirements. Commissioner
Siegfried suggested that because the barn had already been built within the setback
requirement, the Commission could impose other, reasonable conditions. The City Attorney
recommended that the Commission add a Condition requiring a review of this Use Permit to
insure that the clean up had been completed.
GUCH/SIEGFRIED MOVED APPROVAL OF UP-87-002 AND DR-87-038 WITH
EXISTING CONDITIONS AND ADDING A CONDITION OF APPROVAL THAT THE
BARBED WIRE BE REMOVED IN ACCORDANCE WITH THE FENCING ORDINANCE,
THAT ABANDONED VEHICLES AND EXCESS REFUSE REMOVED; THERE BE A
REVIEW TO THAT EFFECT BY NOVEMBER OF 1987.
Planning Director Hsia suggested that since consensus was reached, the Staff would draft the
Conditions of Approval; the Application with drafted Conditions would be placed on Consent
Calendar for review by the Commission at the Meeting of May 13, 1987.
GUCH/SIEGFRIED MOVED APPROVAL OF UP-87-002 AND DR-87-038 AS AMENDED.
Passed 5-0. :
The Chairwoman recessed the Meeting from 9:22 - 9:34 P.M.
14. DR-86-028-1 Wayne Miller Investment, request for design review approval for 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 the
C-N zoning district. Continued from March 25, 1987.
Planner Caldwell noted the revisions made. Staff recommended approval of this Application.
She confirmed that Exhibit "A" 5.B., addressed the concems of Commissioner Siegfried.
The Public Hearing was opened at 9:35 P.M.
Mr. Norm Hulberg, Applicant, made himself available for questions.
GUCH/CALLANS MOVED TO CLOSE THE PUBLIC HEARING AT 9:36 P.M. Passed 5-0
GUCH/CALLANS MOVED APPROVAL OF DR-86-028-1, CONDITIONS OF APPROVAL
AS STATED. Passed 5-0.
PLANNING COMMISSION MEETING Page 7
APRIL 22, 1987
PUBLIC HEARINGS Continued
Commissioner Siegfried reported a phone call from Mr. Oakley which raised a question of
whether developers who regularly work in the City would be notified of the upcoming Public
Hearings. He stated he would be voting favorably on the Resolution commending Mr. Pines.
Commissioner Siegfried absent at 9:41 P.M.
15. DR-87-013 Brian McMullin, 12247 Grayside Ln., request for design review approval
to construct a 5,159 sq. ftZ two-story single family dwelling 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 April 22, 1987.
Commissioner Guch reported on the Site Visit.
Planner Caldwell called attention to an Exhibit which showed Double Counted areas; she
suggested ways to reduce the perception of bulk ~ind square footage of these areas.
The Public Hearing was opened at 9:43 P.M.
Mr. Brian McMullin, Applicant, noted the following:
- Figures in the Staff Report were incorrect; he presented Exhibits to demonstrate and
stated that he had contacted members of the National Appraiser's Association and the
Contractors Union to verify their figures.
- Excessive height and bulk: the proposed house was similar to other, approved houses with
the exception of the tri-level design
- Side yard setbacks had been doubled
- Roof line was 30% below the allowed 30 ft. building height
- Roof was 6 and 12 pitch with a side split design
Mr. Marty Oakley, Architect, concurred that the square footage was correct and presented
Exhibits clarifying his calculations; attic areas less than 71/2 ft. in height were not figured in as
square footage. He noted that this was the difference between the calculations of Staff and the
Applicant's. He compared the proposed design With other houses in the subdivision.
Mr. Russ Crowther noted that this was the first Public Notice he had received with regard to
this subdivision and asked for information on the grading plan for this site. He supported Staff
recommendations and noted that he felt that this property belonged in an NHR zoning district.
GUCH/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:04 P.M. Passed 4-0
Commissioner Guch noted that this property differed in that it overlooked the Park and thus
had greater exposure. She questioned the amo'.unt of space that had been double counted;
however, she felt that the house appeared massive. She asked that this Application be referred
to a Study Session for further consideration. Commissioner Callarts concurred.
Consensus reached to continue this Application to the Planning Commission Hearing on May
27, 1987, with a Study Session on April 28, 1987.
GUCH/CALLANS MOVED TO CONTINUE DR-87-013 TO MAY 27, 1987. Passed 4-0.
16. V-86-012 Wood, 14161 Douglass Ln., request for variance approval for an addition
to a one-story single family home to be constructed 25 ft. from the front
property line where 30 ft. is required and 10.5 ft. from the side property
line where 15 ft. is required 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, April 22, 1987.
Commissioner Guch reported on the Site Visit.
The Public Heating was opened at 10:19 P.M.
PLANNING COMMISSION MEETING Page 8
APRIL 22, 1987
PUBLIC HEARINGS Continued
Mrs. Gladys Wood, Applicant presented a statement made by several of neighbors, who had
no objection to the proposed addition She stated that they never had any intention of adding a
second/rental unit in the garage; this bedroom in .the garage already existed when the house was
purchased thirty two years ago. She reviewed the history of this property and the variance
already granted and discussed possible altematives in adding to the house at the present time.
These altematives would not meet the needs of the Applicants.
GUCH/FUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:26 P.M. Passed 4-0
Commissioner Tucker stated that she could not make the second Finding. Commissioner Guch
noted the amount of useable property to the rear of the house and concurred that she could not
make the second Finding; Commissioner Callans also agreed.
The City Attorney defined the term "physical hardship" as distinguished from the personal use
of the property desired by an applicant. He added that in this Application there was an existing
physical condition in that some of the setback was sold to an adjacent neighbor through no fault
of the present owner/Applicant. This may create an exceptional circumstance; however, the
issue was whether there were alternatives.
GUCHfFUCKER MOVED TO DENY V-864012, BEING UNABLE TO MAKE THE
NECESSARY FINDINGS. Passed 4-0.
17. UP-87-001 Cypress Properties, Inc., N.W. corner of Saratoga Ave. & Lawrence
V-87-007 Expwy., request for use permit approval to allow a commercial/office
parking lot in an R-1-10,000 Zoning district and variance approval to allow
a 10 ft. high masonry wall wh~ere 6 ft. is permitted.
Planning Director Hsia presented the Report to the Planning Commission, April 22, 1987.
Commissioner Tucker reported on the Site Visit. '
The City Attorney requested the addition of a COndition stating that the Use Permit would be
recorded and that the Applicant would execute and record an agreement to the effect that the
project, as approved by the Saratoga Planning Commission, would not be modified, altered,
expanded or uses changed without prior approval by the Commission. He addressed the
wording of "major" or "material" changes. Planning Director Hsia noted that a major change
would impact on the physical appearance or the layout of the structure.
The Public Hearing was opened at 10:42 P.M.
Mr. John Gatto, Cypress Properties, was amenable to the Conditions of Approval as suggested
by the City Attorney. Applicants would commit :.that the square footage, circulation and basic
parking layout, areas of landscaping, building :material and configuration would basically
remain as presented; the only area of change he could foresee would be the store frontages
themselves which may be modified per tenant request.
Mr. Gatto was agreeable to Conditions 1-9. In Condition 10, he questioned the definition of
"restaurant;" the City Attorney reviewed the definition. In Condition 12, he asked that it be
noted in the record that four inch high signs, with brass letters, non illuminated, would not be
precluded by this Condition. Per the request of an adjacent homeowner, Applicants were
favorable to consideration of a high masonry fence; he asked that the Commission consider this
request as an attempt to solve an existing neighborhood problem.
Chairwoman Harris questioned the proposed hours of operation and noted concern regarding
the proximity of the adjacent residential; he was agreeable to an opening hour of 7:00 A.M.
Mr. Tomi Hamal, adjacent property owner, stated that he supported the project and thanked the
Applicant for the courtesy of keeping him informed regarding the project. He called attention
to a letter presented previously and asked that a variance be granted.
GUCH/CALLANS MOVED TO CLOSE THE PUBLIC HEARING AT 11:02 P.M.
Passed 4-0.
PLANNING COMMISSION MEETING Page 9
APRIL 22, 1987
PUBLIC HEARINGS Continued
Chairwoman Harris favored a change in the HOurs of Operation to read, "7:00 A.M." and
questioned the 11:00 P.M. hour of closing. Consensus reached that the Applicant had the
same standards regarding any major change in the project as did the Commission.
TUCKER/CALLANS MOVED APPROVAL' OF UP-87-001 PER THIS HEARING;
CONDITION 2 TO READ, "MAJOR MATERI/~L CHANGES.."; CONDITION 5 TO READ,
"..10:00 P.M. AND 7:00 A.M"; CONDITION 6 CHANGED TO READ, "7:00 A.M";
CONDITION 12 TO ADD, "..WITH THE EXCEPTION OF FOUR INCH BRASS
LETTERING, UNILLUMINATED, TO BE PLACED TO THE REAR OF THE
BUILDINGS."; ADDING CONDITION 14 .REQUIRING A USE PERMIT TO BE
RECORDED AND A CONDITION 15 STATING THAT "THE APPLICANT WILL
EXECUTE AND RECORD AN AGREEMENT TO THE EFFECT THAT THE PROJECT AS
APPROVED BY THE SARATOGA PLANNING COMMISSION WILL NOT BE
MODIFIED, ALTERED, EXPANDED OR USES CHANGES WITHOUT PRIOR
APPROVAL BY THE COMMISSION." Passed:4-0.
GUCH/CALLANS MOVED APPROVAL OF V-87-007 MAKING THE FINDINGS THAT
THIS PROJECT WAS A COMMERCIAL USE ADJACENT TO RESIDENTIAL USE AND
THE GRANTING OF THIS VARIANCE WOULD REMEDY AN ONGOING PROBLEM IN
THE NEIGHBORHOOD. FINDINGS MADE BY THE APPLICANT WERE CITED.
Commissioner Callans noted an opportunity to remedy a hardship occurring in the
neighborhood; Commissioner Tucker questioned whether an 8 ft. high fence would be
acceptable. Consensus reached by the CommissiOn that 10 ft. fence would be more effective.
The Chairwoman called for a vote on the motion. Passed 4-0.
MISCELLANEOUS:
18. Update on SUP-12 - Bolander, 14231 Douglass Ln.
Planner Caldwell updated the Planning CommisSion on the status of this Application; a Public
Heating was scheduled for May 13, 1987.
19. Resolution commending Commissioner David Pines.
Consensus reached to vote on this Resolution at the Meeting of May 13, 1987.
COMMUNICATIONS:
Written:
1. Minutes of Heritage Preservation Commission of April 1,1987, ~ Noted and filed.
2. Memorandum regarding Designated Heritage Resources, - Noted and filed.
Oral by Commission: ',
- Commissioner Tucker reported on the City Council Meeting of April 15, 1987.
ADJOURNMENT:
The Meeting of the Planning Commission was adjourned at 11: 15 P.M.
es ec u s , //
Carol A. Probst-Caughey