HomeMy WebLinkAbout05-27-1987 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: May 27, 1987 - 7:00 P.M.
PLACE: Civic Theater, 13777 Fruitvale AvenuE, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Harris, Commissioners Guch, Siegfried, Burger, Callans,
Tucker, Clay
Chairwoman Harris presented former Chairwoman Burger with a plaque commemorating her
service to the City as Chairperson of the Planning Commission; Commissioner Burger stated
that it was a pleasure and an honor to serve the Commission and the City of Saratoga.
Approval of Minutes: Meeting of May 13, 1987.'
Commissioner Burger noted that on Page 1, Approval of Minutes, Commissioners Burger and
Clay abstained.
The City Attorney asked that on Page 4, forth paragraph from the bottom to add the following:
"The City Attorney disagreed with the above statement; in his opinion, any vested rights may
have been created under the Subdivision Ordinance not the Zoning Ordinance. He stated that
the City had the fight to review it's Design Review Ordinance; he felt that the speaker's
comments were incorrect.
On Page 5, Item 12, first paragraph following the closing of the Public Hearing, add: ".. under
the Use Permit process of the City Code.."
Chairwoman Harris on Page 1, Oral Communications: add, "There was consensus to discuss
Mr. Denton's colors at the May 19th Study Session."
On Page 3, first paragraph, third sentence, to read, "...it was noted that only three strands of
barbed wire had been added to the top of the chain link fence."
GUCH/BURGER MOVED TO APPROVE MINUTES OF MAY 11, 1987, AS AMENDED.
Passed 6-0-1, Commissioner Tucker abstaining. '
Deletions to the Agenda:
Planning Director Hsia stated that Item 4. and Item 9:
- Planner Caldwell stated that in Report to the Planning Commission, square footage of the
house was 4,242 sq.ft; thus Condition 4. could be deleted.
- On Item 9: In compliance with the City Code, add a Condition 11, Exhibit "A"~ to read:
"One covered space within a garage shall be provided for the second unit." Applicants were
in agreement with this Condition.
The City Attorney requested that in Item 9, adds. Condition 12. to read, "The Applicant shall
agree in writing to the Conditions of Approval and to the Use Permit itself."
ORAL COMMUNICATIQNS; None
REPORT OF CLERK ON POSTING QF AGENDA;
Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on
May 22, 1987.
PUBLIC HEARINGS CONSENT CALENDAR:
1. 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. Continued to June 10,
1987, at the request of the applicant.
PLANNING COMMISSION MEETING Page
MAY 27, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
2. DR-87-010 Lohr, 18734 Cabernet Dr.; request for design review approval of a new
3,661 sq. ft. two-story single family home that exceeds the 3,500 sq. ft.
standard in the R-l-10,000 zoning district per Chapter 15 of the City
Code. Continued to June 1.0, 1987, at the request of the applicant.
3. V-87-004 Imperial Savings, 20473 Saratoga-Los Gatos Rd., request for variance
approval of plans to install a monument sign and increase the size of
lettering on the existing fascia sings at the above location in the C-C
zoning district per Chapter 15 of the City Code. Continued to June 10,
1987.
4. DR-87-013 Brian McMullin, 12247 Grayside Ln., request for design review approval
to construct a 5,159 sq. ft. two-story single family dwelling in the
R-1-20,000 zoning district per Chapter 15 of the City Code. Continued
from April 22, 1987.
5. DR-87-032 Brian J. Kelly, 29387 Lisa Marie Ct., request for design review approval
to construct a new 6.000 '.sq. ft. one-story single family home in the
R-l-20,000 zoning district per Chapter 15 of the City Code. Continued
from May 13, 1987.
6. DR-86-065 Pan Cal Investment, 19040 Cox Ave., request for design review approval
of plans to construct a 4,880 sq. ft. medical office building in the PA
(Professional Administrative) zoning district per Chapter 15 of the City
Code.
7. UP-87-007 Mark Frater, 20330 Blauer Dr., request for use permit approval of plans
to construct a 308 sq. ft. addition to an existing detached garage and to
modify the height limit to allow a 13 ft. structure where 10 ft. is permitted
in the R-1-12,500 zoning district per Chapter 15 of the City Code.
8. DR-87-033 Dwyer, 14850 Faxwell Ave., request for design review approval of plans
to construct a 1,438 sq. ft. two-story addition to an existing single family
residence in the R-1-40,000 zoning district per Chapter 15 of the City
Code.
9. SUP-87-001 Rose, 14725 Sobey Rd., request for use permit to allow a second
dwelling unit on a 1.88 acre lot in the R-1-40,000 zoning district per
Chapter 15 of the City Code.
.................................................. - ......................................................
10. DR-87-030 Campbell, 14170 Teedink Way, request for design review approval of a
new 5,400 sq. ft. two-story single family residence in the NHR zoning
district per Chapter 15 of the City Code.
11. DR-87-027 Casabonne, 14435 Big Basin Way, request for design review approval of
V-87-010 plans for a 1,304 sq. ft. expansion of an existing commercial building in
the C-C zoning district. Also consider granting variance approval to
allow 10 on-site parking spaces where 11 are required per Chapter 15 of
the City Code.
12. SUP-1549.2 Horvath, 22122 Mt. Eden Rd., Request for an extension of time to
complete requirements of tentative map approval for a subdivision of 8
acres into two lots of unequal area. Property located in the Northwest
Hillside Residential zoning district.
Commissioner Guch requested removal of Item 5 from Public Hearings Consent Calendar.
Dr. Studa requested removal of Item 6 from Public Hearings Consent Calendar.
Commissioner Tucker requested removal of Item 7 from Public Hearings Consent Calendar.
GUCH/CALLANS MOVED APPROVAL: OF PUBLIC HEARINGS CONSENT
CALENDAR WITH ITEMS 5, 6, AND 7 REMOVED; ITEMS 1, 2, AND 3 CONTINUED.
Passed 7-0.
PLANNING COMMISSION MEETING Page
MAY 27, 1987
PUBLIC HEARINGS CONSENT CALENDAR'. Continued
5. DR-87-032 Brian J. Kelly, 29387 Lisa Marie Ct., request for design review approval
to construct a new 6,000 sq. ft. one-story single family home in the
R-1-20,000 zoning district per Chapter 15 of the City Code. Continued
from May 13, 1987. ':
Commissioner Tucker reported on the land use visit.
Planning Director Hsia presented the Report to the Commission of May 27, 1987.
Planner Caldwell introduced a letter from Lloyd and Harriet Sundblad, dated May 21, 1987.
Commissioner Siegfried confirmed that the propgsed living area of the house was 4,681 sq.ft.
The Public Hearing was opened at 7:15 P.M.
Mr. Brian Kelly, Applicant, deferred to other speakers.
Ms. Carol Machol, Ronnie Way, Saratoga, presented a map showing the predominance of
single story houses in the area and stated that her concerns were:
height in excess of 8 ft., with 651 sq.ft. over that allowed by Zoning Codes
dormer windows which gave the house a two:story appearance
the possibility of adding a second story to the proposed house
massive appearance of the house; she requested that the roof be redesigned
Mr. John Machol, Ronnie Way, Saratoga, presented a petition from residents and stated that a
reduction in height of the proposed house Was a move toward compatibility with the
neighborhood; he cited the 770 sq.ft. shaded area on the plans with 6-8 ft. headroom and noted
that in both appearance and potential the house Was a two-story. There was nothing to prevent
an addition of dormer windows to the rear.
Ms. Jackie Bowden, 13551 Ronnie Way, Saratoga, noted her anger at the impact of this
development; their master bedroom, living and dining room windows looked directly into
adjacent homes. Residents of the area had been assured that there would be no impact from
this development; she noted her distress at the pr.oposed house.
Mr. Brian Kelly reviewed the original proposai for this development; the Commission had
directed that single story residences be constructed. He contended that any future change to the
house would come before the Commission for approval; with regard to dormer windows, they
were an architectural feature. He noted that the roof line and the front of the house had already
been redesigned in response to concerns raised by Staff and stated that the attic space could not
be converted into livable space without a major renovation.
The City Attorney suggested the addition of a Use Restriction Agreement stating, "The attic
area shall not be convened to living space." The Applicant had no objection to this Condition.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:38 P.M. Passed 7-0.
Commissioner Burger reviewed the land use visit and favored consideration of additional
fence height to restore some of the privacy lost through development. Chairwoman Harris
favored installation of fences on the subdivision property; the City Attorney confirmed that the
Commission could add such a requirement to design review, if it so wished.
Commissioner Guch had no objection to the dormer windows. However, she was concerned
about the amount of attic space and contacted Stiff; it was determined that there was only a 78
sq.ft. area exceeding an 8 ft. height. She was favorable to the Use Restriction Agreement.
Planner Catdwell noted the existing rear yard fences and suggested that privacy impacts be
addressed by requiting landscaping screening alohg the rear property line.
GUCH/BURGER MOVED APPROVAL OF'DR-87-032 ADDING CONDITIONS RE-
QUIRING A USE RESTRICTION AGREEMENT AND LANDSCAPE SCREENING
ALONG THE REAR PROPERTY LINE. Passed 7-0.
PLANNING COMMISSION MEETING Page 4
MAY 27, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
6. DR-86-065 Pan Cal Investment, 19040 Cox Ave., request for design review approval
of plans to construct a 4,880 sq.ft. medical office building in the PA
(Professional Administrative) zoning district per Chapter 15 of the City
Code.
Planning Director Hsia presented the Report to the Planning Commission, dated may 27, 1987.
The Public Hearing was opened at 7:52 P.M.
Mr. Kurt Anderson, representing the Applicant, deferred to other speakers.
Dr. Warren Sturla stated his concern that P.G.& 'E. would be removing landscaping in order to
underground utilities. While he did not oppose landscaping, he asked that trees not be planted
at this time. In addition, he asked that the placement of the trash containers in the parking lot
be reconsidered and that these containers be screened with landscaping.
Mr. Anderson stated that the speaker was suggesting placement of the trash containers to the
north side of the curb on the southeast comer of the site; this was acceptable to the Applicants.
Dr. Norman Abrahms stated his concerns as follows:
Trash containers not be located adjacent to the private rear entrance of his office; he offered
to work with the Applicant and share in the cost of providing the necessary containers
Removal of trees planted 22 years ago would have serious privacy impacts on himself and
his patients.
He asked that these concerns be addressed in writing by the Applicant; Mr. Anderson was
agreeable to Conditions of Approval addressing the above concems.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:12 P.M. Passed 7-0.
BURGER/GUCH MOVED APPROVAL OF APPLICATION DR-86-065 ADDING THE
CONDITIONS: MONTEREY PINE TREES ALONG THE EASTERN PROPERTY LINE
WOULD BE RETAINED; THE LOCATION OF THE TRASH ENCLOSURE BE
SUBMITTED TO STAFF FOR APPROVAL AND THE REQUIREMENT FOR TREES
ALONG THE SOUTHERN PROPERTY LINE BE REMOVED AT THIS TIME.
Commissioner Siegfried had no objection to the above with an understanding that there be
landscaping screening in this area. Consensus reached that this be subject to Staff approval.
Chairwoman Harris called for a vote on the Motion. Passed 7-0.
7. UP-87-007 Mark Frater, 20330 Blauer :Dr., request for use permit approval of plans
to construct a 308 sq. ft. addition to an existing detached garage and to
modify the height limit to allow a 13 ft. structure where 10 ft. is permitted
in the R-1-12,500 zoning district per Chapter 15 of the City Code.
Commissioners Tucker and Burger reported on the land use visit.
Planning Director Hsia presented the Report to the Planning Commission, May 27, 1987.
Commissioner Tucker noted her concern regarding the height of the proposed addition and
questioned the purpose of the room.
The Public Hearing was opened at 8:18 P.M. Applicant or other speakers were not present.
BURGER/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 8:19 P.M. Passed 7m0.
Planner Caldwell confh'med that the only information available was stated in the Staff Report;
Commissioner Tucker reiterated concern that this addition may be used as a rental space.
GUCH/BURGER MOVED APPROVAL OF UP-87-007. Passed 6-1, Commissioner Tucker
opposed.
PLANNING COMMISSION MEETING Page 5
MAY 27, 1987
PUBLIC HEARINGS;
13. V-87-007 Guyer, 18423 McCoy Ave., request for variance approval of plans to
allow a 5 ft. 5 in. side yard Setback where 7 ft. is required for an existing
solar storage tank enclosure in the R-l-10,000 zoning district per Chapter
15 of the City Code.
Commissioner Burger reported on the land use visit.
Planning Director Hsia presented the Report to the Planning Commission, May 27, 1987.
The Public Hearing was opened at 8:23 P.M.
Mr. Rudy Guyer, Applicant, stated he had tried to resolve this problem since 1985; he stated
that he had been unable to obtain a final inspection report due to encroachment into the side
yard setback. He noted the difficulty of removing the unit and stated that he did not consider
this request a special privilege.
BURGER/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 8:30 P.M. Passed 7-0.
Commissioner Siegfried suggested that Findings could be made that the unit had minimal
encroachment on the side yard setback and that variance findings were not intended to address
such a unit attached to the house itself. He felt that this request would not be the granting of
special privilege. Findings to be made on the nature of the intrusion into the side yard setback,
that it would be aesthetically and otherwise impacful to relocate this unit.
SIEGFRIED/BURGER MOVED APPROVAL OF APPLICATION V-87-007, FINDINGS AS
STATED ABOVE. Passed 7-0.
MISCELLANEOUS;
14. A-913 Masters, requesting clarification of height limitation on single family
home at 21764 Congress Hall Lane.
Planning Director Hsia presented the Report to the Planning Commission of May 27, 1987.
Commissioner Burger stated that her recollections were that the 27 1/2 height limitation applied
to the entire house; Chairwoman Harris could not see any indication to the contrary in the
Minutes of June 26, 1985.
Mr. Ron Dick, Project Architect, stated that he vividly remembered that the height limitation
applied to the northerly wing only; he questioned this at the 1985 hearing. The reason given
for a height limitation on only one portion of the house, was to drop this wing a couple of feet
because this was the longest ridge. When the'. Minutes stated a 27 1/2 ft. height without
reference to any particular wing of the house, he contacted the Planner who assured him that
the information was on the tape and could be referred to if needed. He noted other areas of the
proposed house where height had been decreased and indicated such on the drawings
submitted.
Mr. Charles Masters, Applicant, stated that the one thing absolutely clear in his mind was that
a lowering of the one wing to 27 1/2 ft. height would satisfy the requirements of the
Commission.
The City Attorney noted concern with efforts of the Commission to remember the original
hearing; he advised the Commission to approach this Application as a request for a
modification of a previously approved Application, making a judgment on an acceptable height
limit. He reviewed procedures to be followed. :
Commissioner Siegfried stated whenever a condition was placed on a proposed house, it listed
the maximum height; he could not recall the Commission ever making a motion as described by
the Applicant. Chairwoman Harris noted that in the four references made in the Minutes of the
1985 hearing, there was no reference to a height limitation of a particular wing. Condition
relating to height limitation unchanged.
PLANNING COMMISSION MEETING Page
MAY 27, 1987
MISCELLANEOUS Continued
15. Review and approval of Capital Improvement Projects.
The City Manager presented the draft budget, a suggested list of Capital Improvement Projects
and a Summary Report prepared for the Planning. Commission; he noted a change in the section
on Landscaping at Elva/Canyon View and referred the Commission to the Capital Expenditure
Detail, Fiscal Year 1988, for correct information.
SIEGFRIED/BURGER MOVED APPROVAL OF CAPITAL IMPROVEMENT PROJECTS.
Passed 7-0.
COMMUNICATIONS;
Written: Attendance schedule for the City Council were presented to Commissioners.
Oral by Commission:
Commissioner Tucker reported on the Meeting of the City Council of May 20, 1987.
ADJOURNMENT;
The Meeting of the Planning Commission was adjoumed at 9:10 P.M.
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