HomeMy WebLinkAbout09-23-1987 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
'-,, MINUTES
DATE: September 23, 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, Tucker,
Kolstad :
Approval of Minutes: Meeting of September 9, i987
Commissioner Tucker asked on Page 3, first paragraph read, Commissioner Tucker con-
curred that she would not vote for approval becatise she could not make the necessary findings.
BURGER/SIEGFRIED MOVED APPROVAL 'OF MINUTES OF SEPTEMBER 23, 1987,
AS AMENDED. Passed 5-0, Commissioner Guch absent.
Deletions to the Agenda: None
ORAL COMMUNICATIONS; None
REPORT OF CLERK ON POSTING OF AGENDA;
Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on
September 18, 1987.
PUBLIC HEARINGS CONSENT CALENDAR:
1. SD-87-010 Rodoni, Saratoga-Sunnyvale Rd. & Gerald Zapelli Ct., request for
approval of a 2-1ot subdivision of .77 acres of partially developed
property in the R-1-12,500 zoning district per Chapters 14 and 15 of the
City Code. A Negative Declaration has been prepared for this item.
Continued to October 14, 1987.
2. DR-87-079 Robert, 18736 Montewood Drive, request for design review approval of a
1,332 sq. ft. second story addition/remodel of an existing 3,368 sq. ft.
one-story home in the R-I-40,000 zoning district per Chapter 15 of the
City Code. Continued to October 14, 1987.
3. DR-87-082 Mangalick, 12846 Star Ridge Ct., request for design review approval of a
7,412 sq. ft. two-story single family home where 6,200 sq. ft. is the
standard in the NHR zoning district per Chapter 15 of the City Code.
Continued to October 14, 1987 at request of applicant.
4. DR-87-087 Heath, 13967 Albar Ct., request for design review approval of a new
6,190 sq. ft. two-story single family home in the NHR zoning district
per Chapter 15 of the City Code. Continued to October 28, 1987.
5.' SD-87-014 Heeter, 14298 Springer Ave.., request for tentative building site and
DR-87-046 design review approval of plans to construct a new 2,499 sq. ft.
two-story home in the R-1-10,000 zoning district per Chapters 14 and 15
of the City Code. Continued to October 14, 19087.
6. V-87-020 Chevron U.S.A., 20472 Saratoga-Los Gatos Rd., request for a variance
to allow construction of a free-standing identification and price sign on the
site and an additional free-standing price sign to replace an existing one.
The proposed total area of signage is 45 sq. ft. and maximum of 18 ft. in
height in lieu of 10 sq. ft. area and 10 ft. area and 10 ft. height allowed by
the City Code. Continued to October 14, 1987.
PLANNING COMMISSION MEETING Page
SEPTEMBER 23, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
7. DR-87-076 Rob, 14150 Dorene Ct., re'quest for design review approval of plans to
construct a new 4,646 sq. ft. two-story home in the NHR zoning district.
In addition, request for variance approval to allow a 17 ft. high detached
garage where 12 ft. is the maximum per Chapter 15 of the City Code.
8 . LL-87-006 Protiva, 14466 Oak Place, request for a lot line adjustment between three
parcels in the R-l-10,000 Zoning district per Chapters 14 and 15 of the
City Code.
9. UP-87-013 Wachter, 20472 Glasgow Dr., request for use permit approval of plans to
construct a two-story (19.5 ft.) 1,160 sq. ft. accessory structure (artist
studio) 3 ft. from the rear. property line and 5 ft. from the right side
property line in the R-1-12,500 zoning district per Chapter 15 of the City
Code. Continued from August 12, 1987.
10. DR-87-085 Olden, 18830 McFarland Ave., request for design review approval of a
768 sq. ft. second story addition to an existing 1,628 sq. ft. one story
single family home in the R-1-10,000 zoning district per Chapter 15 of
the City Code.
11. LL-87-099 Luebbera, 15225 Blue Gum Ct., request for design review approval of
plans to construct a new two-story 5,021 sq. ft. residence with detached
garage in the R-I-40,000 zoning district per Chapter 15 of the City Code.
12. DR-87-089 Booker, 21602 Masson .Ct., request for design review and site
modification approval of plans to construct a new two-story 6,418 sq. ft.
single family home with swimming pool where 6,200 sq. ft. is the
standard in the NHR zoning district. In addition, variance approval is
requested to allow a 16 ft. high detached cabana where 12 ft. is the
maximum per Chapter 15 of~the City Code.
13. DR-86-033.1 Fenyo, 20408 Seagull Way, request for modification to previously
approved design review plans for a new 2,726 sq. ft. single story home
in the R-l-10,000 zoning dis.trict per Chapter 15 of the City Code.
Chairwoman Harris noted that Items 1 through 6 had been continued to Meetings in October.
Mr. Olden, Applicant, requested removal of Public Hearings Consent Calendar Item 10.
The Chair removed Public Hearings Consent Calendar Item 11 on behalf of the Applicant.
Commissioner Burger requested removal of Public Hearings Consent Calendar Item 12.
Planner Caldwell noted that Item 9, Application UP-87-013, revised Model Resolution to read,
"5. Residential fire suppression system shall be approved and installed according to Saratoga
Fire District standards." Applicant was agreeable to the addition of this condition.
Commissioner Guch present at 7:09 P.M.
GUCH/SIEGFRIED MOVED APPROVAL .OF PUBLIC HEARINGS CONSENT
CALENDAR ITEMS 7, 8, 9 AND 13. Passed 6-0.
10. DR-87-085 Olden, 18830 McFarland Ave., request for design review approval of a
768 sq. ft. second story addition to an existing 1,628 sq. ft. one story
single family home in the R-l-10,000 zoning district per Chapter 15 of
the City Code. ~
Commissioner Tucker reported on the land use visit.
Planning Director Hsia presented Report to the Planning Commission, September 23, 1987.
The Public Hearing was opened at 7:11 P.M.
Mr. Peter Olden, Applicant, presented letters of neighbors who did not object to the existing
carport; he added that the carport enhanced the appearance of the property.
PLANNING COMMISSION MEETING Page 3
SEPTEMBER 23, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:15 P.M.
Passed 6-0 :
Commissioner Tucker concurred with Staff that the carport should be removed. She noted that
a second story was being added in a neighborhood of one-story homes; in addition, removal of
the carport would balance the home on the lot. Commissioner Kolstad noted disappointment in
the proposed roof line since it did not match the neighborhood; he favored allowing the carport
to stand with a provision that in case of demolishment, the carport could not be reconsu'ucted.
Commissioner Guch favored Conditions of Approval as stated in the Staff Report.
GUCH/BURGER MOVED APPROVAL OF DR-87-085 PER EXHIBIT "A" OF THE
MODEL RESOLUTION. Passed 6-0.
11. LL-87-099 Luebbera, 15225 Blue Gum Ct., request for design review approval of
plans to construct a new two-story 5,021 sq. ft. residence with detached
garage in the R-1-40,000 zoning district per Chapter 15 of the City Code.
Commissioner Burger reported on the land use visit.
Planning Director Hsia presented the Report to Planning Commission, September 23, 1987.
Planner Caldwell noted the addition of a Condition of Approval 18., to read, "The applicant
shall sign and execute a Use Restriction Agreement which prohibits enclosing and/or using the
exposed under floor area as living space."
The Public Hearing was opened at 7:23 P.M.
Mr. Luebbera, Applicant, deferred to the Bileks.
Mr. Bilek, 15211 Sobey Rd., Saratoga, requested that the area under the first floor porch be
enclosed and/or landscaped to prevent visual impact to adjacent home owners.
Mrs. Bilek felt that the proposed 27 ft. height equaled a three story house; height limitation
placed on her home was 21 ft. She noted the extreme steepness of the hill and felt that building
a house on this site would be hazardous.
Mr. Scott Cunningham, Designer, responded that:
- First floor, under the pomh area would be latticed
- Landscape screening was acceptable to the Applicants
- The proposed Condition 18 was also acceptable to the Applicants
- Slope repair had been necessary and driveway access would gradually ascend the hill
- Applicants were aware of concerns regarding height and steepness of the slope; he
discussed the difficulties of installing retaining walls
BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:27 P.M.
Passed 6-0.
The City Attomey stated that insofar as he knew, the height limitation referred to by Mrs. Bilek
had not come from City or subdivision conditions ,of approval.
Commissioner Burger questioned whether a reduction in height of the house was possible.
Mr. Cunningham confirmed that the pitch of the roof could be lowered; however, such would
destroy the architectural style. Applicants were in conformity with height requirements and the
roof was in character with the rest of the design for the house.
Commissioner Guch ncited that horizontal siding somewhat offset the height; she asked that
landscape screening be added to the lower portion of the home. Mr. Cunningham agreed.
Commissioners Guch and Burger noted the difficulty of developing this very steep lot.
BURGER/TUCKER MOVED APPROVAL OF DR-87-099 PER THE MODEL RESOL-
UTION, ADDING A CONDITION OF APPROVAL REQUIRING LANDSCAPING
ALONG FRONT ELEVATION SUBJECT TO STAFF APPROVAL, TO BE INSTALLED
BEFORE ISSUANCE OF FINAL OCCUPANCY PERMIT. Passed 6-0.
PLANNING COMMISSION MEETING Page 4
SEPTEMBER 23, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
12. DR-87-089 Booker, 21602 Masson Ct., request for design review and site
modification approval of plans to construct a new two-story 6,418 sq. ft.
single family home with i swimming pool where 6,200 sq. ft. is the
standard in the NHR zoning district. In addition, variance approval is
requested to allow a 16 ft. high detached cabana where 12 ft. is the
maximum per Chapter 15 of the City Code.
Commissioner Burger reported on the land use visit; Item was removed from Consent Calendar
due to her concern that the house would be placed on a knoll at the highest point on the lot.
The home would have a 270 degree unobstructed view of the Tollgate, Mt. Eden and County
areas; an adjacent home would be ofientated toward the pool of the proposed house.
Planning Director Hsia presented the Report to Planning Commission of September 23, 1987.
The Public Hearing was opened at 7:54 P.M.
Mr. Roger Griffin, Paragon Designs, addressed the following issues:
- House had been pulled forward on the lot; in contrast, placement on the fiat portion of the
lot (uppermost portion of the site) would result in an almost three foot increase in height.
As proposed, grading on site was minimized
Applicants had attempted to reduce perceived height of the house by limiting the front to a
one story elevation; the roof concealed the second story element placed to the rear
An existing slide area to the lot front; proposed house could not be pulled further forward
House had been redesigned to limit height to approximately 26 ft. 4 in.
SIEGFRIED/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M.
Passed 6-0.
Commissioner Siegfried felt that Applicants had done whatever possible to limit height; in
addition, the roof line had been stepped up. Commissioner Kolstad cited the pad elevation of
an adjacent home and felt the proposed siting of the house was the only placement possible.
Commissioner Tucker noted the prominence of the site and cited concern regarding height
impacts; she was not favorable to granting a variance and felt that the cabana could comply with
the Code and privacy screening requirements. Commissioner Guch concurred.
SIEGFRIED/KOLSTAD MOVED APPROVAL OF DR-87-089 PER THE MODEL
RESOLUTION. Split vote 3-3, Commissioners Guch, Burger, Tucker opposed.
Commissioner Siegfried noted in making the following motion that the design of the cabaria
was compatible with the house; a 10 or 12 ft. cabana would be incompatible.
SIEGFRIED/KOLSTAD MOVED APPROVAL OF V-87-021. Split vote 3-3
Chairwoman Harris, Commissioners Guch, Tucker opposed.
SIEGFRIED/KOLSTAD MOVED APPROVAL OF SM-87-008. Passed 6-0.
The City Attorney reviewed procedures of a split vote. Applicants requested additional
information; Commissioners Burger and Guch reiterated their concerns.
Chairwoman Harris was favorable to DR-87-089 since the proposed house would be stepped
down the hill to the lowest possible point; however, she requested an additional 1 ft. reduction
in height, if possible. She was not favorable to th~ variance application.
Mr. Bill Pennington, Representing the Applicants, requested further information on concerns
of the Commission. Applicants were offered the option of attending a Study Session.
Consensus reached to Continue DR-87-089 and V-87-021 to Planning Commission Hearing of
October 14, 1987, with a Study Session to be held on October 6th.
PLANNING COMMISSION MEETING Page
SEPTEMBER 23, 1987
PUBLIC HEARINGS;
14. DR-87-069 Pan Cal Development, 20960 Bowhill Ct., request for a design review
approval of plans to construct a new 5,417 sq. ft. two-story home in the
NHR zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to P~lanning Commission, September 23, 1987.
Commissioner Siegfried questioned Staffs recommended denial without prejudice and felt that
Applicants had addressed concerns made known at the September 1st Study Session. Planning
Director Hsia responded that Staff felt that the requested reduction in height and square footage
had not been adequately addressed by the Applicant.
Mr. David Chu, Pan Cal Development, noted that their understanding of the Commission's
concerns were: perceived bulk, amount of square footage, height and floor area. It was his
understanding that the Commission was pleased with revised plans presented at a study session
since the pitch of the roof had been substantially changed and the height of the major portion of
the house had been reduced to less than 26 ft.
He stated that Applicants had been asked to eliminate the breezeway and reduce the size; the
breezeway was now eliminated, square footage reduced and roof pitch lowered. Unless a
complete redesign of the house were done, it was impossible to alter small parts of the house.
The house was compatible with the existing Beauchamps development. Applicants did not
understand the recommendation for denial of the revised plans.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:54 P.M. Passed 6-0.
Commissioner Kolstad was favorable to the reductions made; however, he was disappointed
that the length of the house had not been decreased. Chairwoman Harris noted that there were
existing houses of 28 - 30 ft. in height on the cul-de-sac; the proposed house would compound
the massiveness in the area. In addition, a second application from Pan Cal Development being
heard was a similar request.
Commissioner Siegfried reviewed the revised plans and added that sizable rear and front yard
setbacks existed on this site. He questioned how the Applicant could further address concerns
of the Commission and concurred with the Applicant's statement that they had done what they
understood was asked. Now a recommendation for denial without prejudice had been made.
Commissioner Kolstad felt that the size of the house was inappropriate, considering the
massive size of other homes in the development. Commissioner Tucker concurred that the
Commission had requested further reduction in size of the proposed house.
Commissioner Siegfried felt that clear instructions had not been given to the Applicant;
Commissioner Guch concurred and added that the only direction that had not been adequately
addressed was conformity to the 4800 sq.ft. requirement. She noted the larger lot as compared
to other lots and added that portions of the house would be hidden by an adjacent home.
Mr. Many Oakley, Designer, acknowledged by the Chair, stated that Applicants had reduced
the house to approximately 4800 sq. ft. He felt that the Commission had viewed the double
counted entry as not of significant concern; discounting this space, square footage would be
4800 sq. ft. He cited delays which would result from a denial of this plan.
SIEGFRIED/GUCH MOVED APPROVAL OF DR-87-069, MAKING THE FINDINGS
THAT HEIGHT, LENGTH AND SQUARE FOOTAGE HAD BEEN REDUCED, DESIGN
WAS COMPATIBLE WITH EXISTING DEVELOPMENT AND LOT ELEVATION WAS
MITIGATED BY A SUBSTANTIAL RISE TO THE REAR OF THE PROPERTY AND THE
SIGNIFICANT FRONT AND SIDE YARD SETBACKS. Failed 2-3-1, Chairwoman Harris,
Commissioners Tucker and Kolstad opposed, Commissioner Burger abstaining.
Commissioner Burger abstained noting that she Was not present for the original Public Hearing
or for the subsequent Study Session and the conclusions of that Study Session were unclear.
PLANNING COMMISSION MEETING Page
SEPTEMBER 23, 1987
PUBLIC HEARINGS Continued
The City Attorney advised the Commission regarding status of the Application and options
available. Mr. Chu felt that there was a misunderstanding surrounding the original Study
Session and asked that this Item be referred back to a Study Session for further consideration.
Consensus reached to Continue DR-87-069 to October 14, 1987, with a Study Session to be
held on October 6th.
15. DR-87-070 Pan Cal Development, 20963 Bowhill Ct., request for design review
approval of plans to construct a new 5,417 sq. ft. two-story home in the
NHR zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented Report to the Planning Commission, September 23, 1987.
The Public Hearing was opened at 8:43 P.M. "
Mr. Marty Oaldey, Designer, answered questions regarding the height and design of the roof.
Mr. Chu, Pan Cal Development, questioned the concept of perceived excessive bulk and
requested clear guidelines for applicants and designers; he stated that Mr. Oakley had designed
a number of homes in the Beauchamps Development which were now perceived as bulky. He
cited the large front yard setbacks, noted that the proposed house would not face the street
squarely and added that the square footage was very close to that allowed. He felt that square
footage was a matter of definition.
Mr. Oakley stated that if possible, single story houses would have been built on both lots of
this development; such would have occupied twice the footprint area and height would have
been about 26 ft. due to the fact that a greater roof was required to cover the footprint. He
concurred with Mr. Chu that every application submitted in the Beauchamps Development has
been considered excessive in height and bulk; no one has yet defined this concept.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:54 P.M. Passed 6-0.
Commissioner Kolstad felt that concerns raised had been addressed by the Applicant;
Commissioner Guch concurred and noted that' removal of the entry area would not have
significant impact on reducing height or perceived bulk.
KOLSTAD/GUCH MOVED APPROVAL OF DR-87-070 PER THE MODEL RESOLUTION.
Commissioner Siegfried made the Findings as follows:
- Square footage in excess of that allowed was'contained in the entry'way; removal of such
would not have significant impact on reducing. height or perceived bulk.
- That the proposed roof design minimized the bulk
- Substantial setbacks would allow for landscape screening
- Reduction of 2 ft. to the rear of the house addressed concerns raised by the Commission
- The proposed house was compatible with existing homes in the Beauchamps Development.
KOLSTAD/GUCH AMENDED MOTION TO INCORPORATE FINDINGS AS STATED.
Passed 6-0.
Break 9:00 - 9:12 P.M.
16. GP-87-002 City of Saratoga, Planning Commission consideration of an amendment
ZC-87-002 to the General Plan to establish a retail commercial designation on
approximately 4.42 acres of partially developed property and prezone the
property to CN, neighborhood commercial. A Negative Declaration has
been prepared for the project.
Planning Director Hsia presented Report to Planning Commission, September 23, 1987.
PLANNING COMMISSION MEETING Page 7
SEPTEMBER 23, 1987
PUBLIC HEARINGS Continued
The City Attorney reviewed the status of this Application and advised the Commission of the
limitations of this Hearing. He suggested that those opposed to the annexation present testi-
mony to City Councils of the respective cities and to the Local Agency Formulating
Commission (LAFCO).
The Public Hearing was opened at 9:22 P.M.
Mr. D.V. Christensen, 20141 Pierce Rd., Saratoga, presented a letter of September 2, 1987,
and summarized that he wished his commercial property to remain within the City of San Jose.
He reviewed allowed uses and noted the financial impacts of differing commercial zones.
In response to Mr. Christensen's remarks, the City Attorney commented that the proposed
annexation was not solely to accommodate Mr. John Gatto, Commercial Property Owner; in
fact, Mr. Gatto already had the necessary project approvals from both Saratoga and San Jose.
Mr. Gene Zambetti noted the impacts of this annexation on Mr. Christensen, namely, that the
CN Zoning District was not on a parity with the existing C-1 Zoning Ordinance of San Jose.
SIEGFRIED/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:35 P.M.
Passed 6-0.
BURGER/SIEGFRIED MOVED TO RECOMMEND APPROVAL OF GP-87-002. Passed6-0
BURGER/SIEGFRIED MOVED TO RECOMMEND APPROVAL OF ZC-87-002. Passed 6-0
COMMUNICATIONS;
Written:
1. Minutes of Heritage Preservation Commission of September 2, 1987, - Noted and filed.
2. Committee-of-the-Whole Minutes of September 1, 1987, ~ Noted and filed.
Oral by Commission: '
Commissioner Tucker reported on the City Council Meeting of September 16, 1987.
ADJOURNMENT;
The Meeting of the Planning Commission was adjourned at 9:59 P.M.