HomeMy WebLinkAbout11-17-1987 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: November 17, 1987 - 7:30 P.M.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting :
Roll Call: Present: Vice Chairwoman Guch, Commissioners Siegfried, Burger, Clay,
Kolstad. Commissioner Tucker present at 7:32 P.M.
Approval of Minutes: Meeting of November 17; 1987
BURGER/CLAY MOVED APPROVAL OF MINUTES OF OCTOBER 28, 1987, AS PRE-
SENTED. Passed 4-0-1, Commissioner Siegfried abstaining, Comnfissioner Tucker absent.
Deletions to the Agenda: Planning Director Hsia noted that Items 14 and 15 of the agenda,
DR-87-117 and DR-87-118, Pan Cal Development, were Continued to December 9, 1987, per
request of the Applicant.
ORAL COMMUNICATIONS:
Mr. Jerry Bevins, 14231 Springer Ave., Saratoga, read a statement addressing development of
14234 Paul Ave. (14230 Paul Ave.) Planning Director Hsia responded that a site visit would
be made to determine whether any violations existed and would report to the Commission.
REPQRT OF CLERK ON POSTING OF AGENDA:
Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on
November 13, 1987.
PUBLIC HEARINGS CQNSENT CALENDAR;
1. DR-87-082 Mangalick, 12846 Star Ridge Ct., request for design review approval of
plans to construct a 7,412 Sq. ft. two-story home where 6,200 sq. ft. is
the standard in the NHR zoning district per Chapter 15 of the City Code
Continued to December 9, 1987.
2. DR-87-103 Gallo, 20161 Rancho Bella. Vista, request for design review approval of
plans to construct a new 5,024 sq. ft. one-story home where 4,800 sq. ft.
is the floor area standard in the R-I-20,000 zoning district. Continued to
December 9, 1987, for revision of plans.
3. 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 54 sq. ft. and maximum of 14 ft. in
height in lieu of 50 sq. ft. and maximum of 10 ft. height allowed by the
City Code.
4. V-87-024 Ingster, 20205 Saratoga Vista Ct., request for variance approval of plans
to allow a 16 ft. front yard setback where a 25 ft. setback is required in
the R-l-10,000 zoning district per Chapter 15 of the City Code.
5. DR-87-122 Lonchar, 14775 Fruitvale Ave., request for design review approval of
plans to construct a 671 sq. ft. two-story addition to an existing single
story home in the R-I-40,000 zoning district per Chapter 15 of the City
Code.
6. DR-87-131 Sinsley, 12566 Crayside Lane (Lot 22), request for design review
approval of plans to construct a new 5,230 sq. ft. two-story single family
home in the R-i-20,000 zoning district per Chapter 15 of the City Code.
PLANNING COMMISSION MEETING Page 2
NOVEM.BER 17, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
7. DR-87-101 Amodio, 20560 Leonard Rd., request for design review approval of plans
to construct a 759 sq. ft. two-story addition to an existing one-story
single family home in the R-1-12,500 zoning district per Chapter 15 of
the City Code.
8. UP-87-016 Betts, 14310 Elva Ave., request for use permit approval of plans for a
new detached garage, 550 sq. ft. in area and 12 ft. high within the
required rear yard in the R-l-10,000 zoning district per Chapter 15 of the
City Code.
9. TUP-87-004 Boisseranc, 13650 Saratoga-Sunnyvale Rd., request for a temporary use
permit to operate a "you-cut" Christmas tree lot from November 27 to
December 24, 9:00 A.M. - 5:00 P.M. Property zoned R-1-12,500.
i: ........................ :_ ..................................................
10. -87-046 Heeter, ~., request for design review approval of plans to
construct a new 2,576 sq. ft. single-story residence 16 ft. high on a 6,750
sq. ft. infill lot in the R-l,10,000 zone district.
Items 1 and 2 Continued to December 9, 1987.
Commissioner Tucker requested removal of Public Hearings Consent Calendar Item 3.
Commissioner Clay requested removal of Public Hearings Consent Calendar Item 4.
Commissioner Burger requested removal of Public Hearings Consent Calendar Item 6.
CLAY/TUCKER MOVED APPROVAL OF PUBLIC HEARINGS CONSENT CALENDAR
ITEMS 5, 7, 8, 9, AND 10. Passed 5-0.
3. 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 54 sq. ft. and maximum of 14 ft. in
height in lieu of 50 sq. ft. and maximum of 10 ft. height allowed by the
City Code.
Commissioner Tucker reported that she had received a phone call from Ms. Sue Armbruster
requesting continuance of this Item due to her inability to attend the hearing; the Commissioner
was favorable such in deference to the fact that this Item had been continued by the Applicant
on more than one occasion.
Commissioner Burger noted that Ms. Armbruster had also communicated concerns to her.
However, the Commission could have been addressed by a written communication; she was
not favorable to further continuance of this Item. Vice Chairwoman Guch concurred.
Commissioner Clay had no objection to continuance of this Item; he also had concerns
regarding the visibility of the project and possibly, a safety hazard at this intersection.
TUCKER/CLAY MOVED TO CONTINUE V-87-020 TO DECEMBER 9, 1987. Passed 4-2,
Vice Chairwoman Guch, Commissioner Burger opposed.
4. V-87-024 Ingster, 20205 Saratoga Vista Ct., request for variance approval of plans
to allow a 16 ft. front yard setback where a 25 ft. setback is required in
the R-l-10,000 zoning district per Chapter 15 of the City Code.
Planner Caldwell noted a letter received in opposition to the requested variance from Brad and
Jean S. Silverberg, 20239 Sara Vista Ct., Saratoga, dated October 15, 1987.
Planning Director Hsia presented the Report to the Planning Commission, November 17, 1987
Commissioner Clay felt that lot shape must' be taken into account when property was
purchased; he did not feel that such entitled a property owner to special circumstances.
The Public Hearing was opened at 7:42 P.M.
PLANNING COMMISSION MEETING Page 3
NOVEMBER 17, 1987
PUBLIC HEARING CONSENT CALENDAR Continued
Mr. Michael Ingster, Applicant, noted that the existing house had a non-conforming front yard
setback; he requested a variance due the 400 - 600 sq. ft. less buildable area and 3-10 ft. less
lot depth than surrounding properties. Design of the house was dictated by shape of the lot;
setbacks were encroached in order to accomplish design objectives.
Ms. Donna Lindrude, 20253 Saratoga Vista Ct., Saratoga, objected to the lack of visibility at
the intersection due to on-site landscaping and noted traffic hazards for children in the area.
Ms. Betty Chen, adjacent property owner, noted traffic hazards for children and felt that the
Applicant's house was already too close to the street; she suggested installation of traffic signs
at this intersection.
Mr. Ingster responded that the garage blocked the view at the corner, not landscaping on site;
in response to concerns stated above, the trees had been trimmed.
BURGEREUCKER MOVED TO CLOSE PUBLIC HEARING AT 7:51 P.M. Passed 6-0.
Commissioner Clay reiterated comments noted above and added that in his opinion, a variance
was not warranted in this situation; Commissioner Tucker concurred and noted that granting an
additional variance would not be good planning.
Commissioner Burger concurred with the Staff Report that the variance requested was not sub-
stantial nor would such alter the appearance of the house as sited on the lot; view impacts could
be addressed by additional landscape pruning along the property line.
Commissioner Kolstad felt that the variance was in special consideration to the irregular shape
of the lot and did not feel that the setback encroachment was significant.
Commissioner Siegfried noted that granting a variance would have no safety impacts; he
concurred with the Staff Report that the additional setback encroachment was insignificant.
The City Attorney, in response to a request for information, reviewed the vicinity map and
advised the Commission that due to a limited buildable area and lot configuration, Findings
could be made that due to physical shape of the lot and restrictions on the buildable area, the
property in question was different from other sites in this particular subdivision as well as
subdivisions in general.
Vice Chairwoman Guch concurred and added a request that the Applicant address concerns of
the neighbors through appropriate landscape pruning.
Planner Caldwell suggested that Resolution V-87-024, be amended, adding a Condition 3.
Consensus reached by the Commission that Condition 3. read "In order to improve visibility,
the Applicant shall trim the landscaping in the front yard to the satisfaction of the City
Engineer."
BURGER/SIEGFRIED MOVED APPROVAL OF V-87-024 PER MODEL RESOLUTION
ADDING CONDITION 3. AS STATED. Passed 4-2, Commissioners Tucker, Clay opposed.
6. DR-87-131 Sinsley, 12566 Crayside Lane (Lot 22), request for design review
approval of plans to construct a new 5,230 sq. ft. two-story single family
home in the R-I-20,000 zoning diswict per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to Planning Commission of November 17, 1987.
Planner Caldwell noted amendments to Conditions of Approval, "Exhibit "A", as follows:
12. "Evergreen trees and shrubs for screening and privacy along the rear elevation shall .... "
16. "Roof covering shall be fire retardant, Uniform Building Code Class A or B prepared or
built-up roofing. Re-roofing, less than 10%, shall be exempt. (Ref. Uniform Fire Code
Appendix E., City of Saratoga Code 16-20:210)"
Commissioner Burger noted the concern regarding:
- Percentage of the proposed home over 29 ft2 height and visibility of the lot.
- 400 cubic yards of cut and fill
PLANNING COMMISSION MEETING Page 4
NOVEMBER 17, 1987
PUBLIC HEARINGS CONSENT CALENDAR Continued
The Public Hearing was opened at 7:08 P.M.
Mr. Ray Sinsley, Applicant, stated that only a minimal amount of the roof was 29 ft. in height;
he objected to amended Condition 16, stating that such was not required. Planner Caldwell
responded that the Building Department had indicated that such was an appropriate condition.
Mrs. Sinsley, Applicant, stated that in speaki.ng with the Building Department, they had
indicated that amended Condition 16 did not apply to the subdivision in question.
The City Attorney suggested a modification of the amended Condition 16 to add, "unless
waived by the Building Department;" he noted that the question was whether or not this house
was within the hazardous fire zone.
Mrs. Sinsley added that the house stepped down. in the lot; to the rear of the proposed house, a
two-story house was being built.
SIEGFRIED/CLAY MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Passed
6-0
Commissioner Kolstad objected to the 96 ft. length of the proposed house; length and height
would compound a perception of bulk from the lower street. He was favorable to the land-
scape screening to be installed to the rear of the garage.
Commissioner Siegfried initially was concerned regarding the proposed 29 ft. height; however,
significant impacts would not result due to variations in the roof height and the large lot size.
Commissioner Clay added that the 14 ft. height at the street elevation would compensate for the
29 ft. height of a small percentage of the house; Vice Chairwoman Guch and Commissioner
Tucker concurred.
SIEGFRIED/CLAY MOVED APPROVAL OF DR-87-131 PER MODEL RESOLUTION,
WITH CONDITIONS 12 AND 16 AMENDED AS STATED ABOVE. Passed 4-2,
Commissioners Burger and Kolstad opposed.
PUBLIC HEARINGS:
11. V-87-021 Booker, 21602 Masson Ct? request for variance approval to allow a 16
ft. high detached cabana where 12 ft. is the Maximum per Chapter 15 of
the City Code.
Planning Director Hsia presented the Report to Planning Commission, November 17, 1987.
The Public Hearing was opened at 8:20 P.M.
Mr. Roger Griffin, Paragon Design Associates, .stated that height had been reduced to 14 ft. 2
in. above the existing grade through changes in the roof pitch. Adjacent property owners had
asked that the cabana and home be consistent in architectural style. Landscape screening would
be installed along the westerly side of the pool house structure.
BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M.
Passed 6-0.
Commissioner Tucker had not changed her position opposing the granting of a variance. She
noted that the installation of landscape screening was offered by the Applicants in order to hide
the structure; in addition, such would be the granting of special privilege.
Commissioner Kolstad was favorable to the Variance; from a site visit he did not feel that
adjacent property owners would be unduly impacted by the height of the cabana.
BURGER/CLAY MOVED APPROVAL OF V.-87-021 PER THE MODEL RESOLUTION.
Passed 5-1, Commissioner Tucker opposed.
PLANNING COMMISSION MEETING Page 5
NOVEMBER 17, 1987
PUBLIC HEARINGS Continued
12. DR-87-095 Cartmell, 14350 Paul Ave., request for design review approval of plans
V-87-025 to construct a 1,099 sq. ft. two-story addition to an existing single-story
residence in the R-l-10,000 zoning district. In addition, variance
approval is requested to allow a one-car garage where a two-car garage is
required per Chapter 15 of the City Code.
Commissioner Burger reported on the land use Visit.
Planning Director Hsia presented the Report to Planning Commission, November 17, 1987.
Letter from Mr. Robert L. Weinmann, 14371 Springer Ave., Saratoga, noted for the record.
The Public Hearing was opened at 8:30 P.M.
Mr. Sam Cartmell, Applicant, reviewed the process to design a house in which:
- Windows in bedroom area minimized the view into adjacent property owners yard
- Fence to protect privacy could be erected
- Visibility of the structure was kept to a minimum
- Increase of off-street parking by re-conversion of a den into a single car garage, a tandem,
circular driveway to accommodate up to five parking stalls on-site
Mr. Bob Ireland, General Contractor, felt that Staffs recommendation that a two-car garage be
installed was impracticable and unreasonable for' the following reasons:
- A garage would require a 26 ft. turn around area with a 5 ft. setback, such would use over
20 ft. of rear yard area and replace lawn with concrete
- Access path was in a right-of-way; Applicant could be vulnerable to possible lawsuit
Mr. Cartmell added that loss of a rear yard play area would be a safety hazard for his children;
with respect to the letter of Mr. Wienmann, he.presented information on the lack of privacy
impacts from his son's bedroom window.
Ms. Diana Wienmann, 14371 Springer Ave., Saratoga, felt that if the window in question were
13 ft. off the ground, privacy impacts would not result.
Mr. John Mc Gaffy, 14340 Paul Ave., Saratoga, noted concern regarding loss of his view of
the hills; he suggested design alternatives.
Ms. Barbara Crane, 14360 Paul Ave., Saratoga, cited concern regarding privacy impacts to her
property; design alternatives were suggested.
Mr. Ireland responded that the roof pitch had been lowered; he noted the infeasibility of some
of the design alternatives suggested.
Mr. Cartmell provided additional information regarding the view of the hills and presented
photographs of existing structures.
BURGER/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:50 P.M.
Passed 6-0.
Commissioner Kolstad felt that significant priyacy invasion would result from windows as
proposed and favored a two-car garage; he suggested a study session be held on this item.
Commissioner Burger concurred that a study session was in order; she favored preservation of
the rear yard. Commissioner Clay agreed that privacy impacts were significant and was
favorable to requiring only a one-car garage despite the existing on-street parking problem.
Commissioner Tucker was agreeable to a study session; however, she favored the two-car
garage and noted current on-street parking problems. Commissioner Seigfried suggested a site
visit and favored further consideration of the neighbor's concerns.
The Applicant was agreeable to attending a study session.
BURGER/TUCKER MOVED TO CONTINUE' DR-87-110 TO JANUARY 13, 1988, WITH
A STUDY SESSION TO BE HELD ON DECEMBER 15, 1987. Passed 6-0.
Break: 8:58 - 9:10 P.M.
PLANNING COMMISSION MEETING Page 6
NOVEMBER 17, 1987
PUBLIC HEARINGS Continued
13. DR-87-110 Farone, 14041 Saratoga Ave., request for design review approval of plans
to construct a new 2,204' sq. ft. two-story home in the R-1-20,000
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, November 17, 1987.
The Public Hearing was opened at 9:14 P.M.
Mr. Peter Saitta, Architect, read into the record a prepared statement addressing the five
objectives of the proposed design; a model of the proposed design was presented.
Ms. Deborah McNamara, 14051 Saratoga Ave., Saratoga, cited her letter of October 26, 1987.
She was not opposed to a house nor a two-story house; however, she was unhvorable to the
design proposed due to the resulting privacy intrusion and the perception of bulk.
BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 9:30 P.M.
Passed 6-0. :
BURGER/SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING AT 9:31 P.M.
Passed 6-0.
Mr. Tedd Farone, Applicant, responded to the pievious speaker's remarks as follows:
- Previous speaker had a grand stand view from her deck onto his property
Height of proposed house would be 28 ft.
Sun porch on the proposed house would view the hills, not the previous speaker's yard
Bedroom windows were designed to look out at the hills not onto the neighbor's yard
Ms. McNamara commented that she wished tO see a well designed house which took into
account the existing neighborhood. ,.
BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 9:38 P.M.
Passed 6-0.
Commissioner Siegfried favored a continuance to a study session and noted concern regarding
the proposed height of this house; he felt that such was inappropriate for the site in question.
Commissioner Burger concurred, noting the minimal lot size; she felt that the height would
create excessive bulk.
Commissioner Clay asked that the house be scaled down to be more compatible with adjacent
homes; he cited the small and narrow lot size.
BURGER/CLAY MOVED TO CONTINUE DR-87-110 TO JANUARY 13, 1988, WITH A
STUDY SESSION ON DECEMBER 15, 1987. Passed 6-0.
Items 14, DR-87-117, and 15, DR-87-118, Continued to December 9, 1987, as noted above.
16. V-87-017 Amodio, 20560 Leonard Rd., request for variance from Ordinance
15-29.090 (b) to allow the construction of a fence 5 ft. high on the front
property line in lieu of the 3 ft. allowed by the City Code in the
R-1-12,500 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, November 17, 1987.
The Public Hearing was opened at 9:45 P.M.
Mr. Aldo Amodio, Applicant, agreed that no other adjacent property had a fence 5 ft. in height;
however, he wished the variance to insure privacy.
Ms. Mildred Perry, 20615 Leonard Rd., Saratoga, was unfavorable to privacy fences; she felt
that such would enclose the road and create an impression of narrowness from the street scape.
PLANNING COMMISSION MEETING Page 7
NOVEMBER 17, 1987
PUBLIC HEARINGS Continued
Ms. Lorraine Vallero, Architect, stated that the fence would be wrought-iron, thus, the
property would not be visually enclosed.
TUCKER/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:50 P.M.
Passed 6-0.
Commissioner Tucker, citing the intent of the Fence Ordinance, noted view obstruction and
safety hazards to residents of an area, especially !children; Commissioner Burger concurred.
TUCKER/CLAY MOVED TO DENY V-87-017. Passed 6-0.
17. AZO-87-004 City of Saratoga, consideration of an ordinance amending various
provisions in Chapter 15 of the City Code concerning structure height,
site converge, fences, parking requirements, home occupations, tree
removal permits, and variance findings. A Negative Declaration has been
prepared for the project.
The City Attorney reviewed the Memorandum of November 9, 1987, Re: Miscellaneous
Amendments to Zoning Ordinance.
The Public Hearing was opened at 10:00 P.M. there were no speakers.
BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:01 P.M.
Passed 6-0.
Commissioner Siegfried concurred with the City Attorney, favoring a Study Session to further
consider the ordinance amendment.
SIEGFRIED/BURGER MOVED CONTINUE AZO-87-004 TO JANUARY 13, 1988, WITH
A STUDY SESSION TO BE HELD ON JANUARY 5, 1988. Passed 6-0.
MISCELLANEOUS;
18. Review new administrative procedure for Design Review.
Planning Director Hsia reviewed the Memorandum of November 17, 1987.
Commissioner Tucker noted the potential increase in work load on Commissioners and
questioned the practical application of the new administrative procedures.
Commissioner Burger reaffirmed her basic concern regarding the suggested procedures;
example of DR-87-110, Farone, heard earlier, cited--namely, an application for a two-story
house on a flat, infill lot that met all requirements. Concerns of adjacent residents noted.
Commissioner Siegfried was favorable to provisions for noticing; history of difficulties in the
community regarding design review was reviewed. He was favorable to public hearings which
enabled the public to speak and noted an increase in restraint of the public's participation.
Vice Chairwoman Guch was favorable to initiation of the new procedures with provisions for
adequate public noticing; she objected to the lack of a public hearing in 5., "if objections to the
project and differences could not be resolved" and felt that a public hearing should be held.
The City Attorney suggested adding language in 3., "...and any other persons that the Planning
Director feels may be impacted by the project."
Vice Chairwoman Guch asked that in 1., the list of adjacent property owners be provided by
the Planning Department. :
Commissioner Siegfried noted the significant chitnge for the community in requiring an appeal
fee; he asked that during the initiation period of 'the new administrative procedures, the fee be
waived. He felt that, in fact, there should be no fee.
PLANNING COMMISSION MEETING Page 8
NOVEMBER 17, 1987
MISCELLANEOUS Continued
Commissioner Siegfried stated that the fact that,the community would no longer have a public
body of citizens to present their concerns to would be a serious mistake; he felt that the
community was entitled to an opportunity to address the Commission without fees being
levied. Previously, the community had strongly objected to the holding of design review
during the work day; decisions were being made at a time when very few individuals could
attend. He was also concerned that the intent to approve notice would state that approval of a
request would occur unless objected to.
Vice Chairwoman Guch suggested the following:
Applications referred by the Director of Planning to the Planning Commission for Public
Hearing per the regular process
Appeals will be placed on the agenda under Miscellaneous; no fees will be charged.
Commissioner Siegfried was favorable to the above suggestion and suggested that the interim
period would provide additional information.
Commissioner Burger objected to the proposed procedures and the adoption of the resolution;
she noted for the record that even the best inten:t of government to streamline procedures, the
end result was adding layers of bureaucracy which became obstacles to citizens. She noted
concern of anything which decreased citizen's perceptions of open government and felt that the
items Under consideration would create such a perception.
SIEGFRIED/CLAY MOVED TO APPROVE NEW DESIGN REVIEW ORDINANCE AND
PROCEDURES, AS AMENDED. Passed 4-2, Commissioners Burger and Tucker opposed.
Commissioner Siegfried noted that he retained fundamental concerns regarding changes made;
Commissioner Clay felt that there existed a category of applications which could be approved
by the Director of Planning.
19. Appointment of subcommittee to work with staff on 1988 Planning Commission retreat.
Commissioners Burger and Tucker appointed to the subcommittee for the 1988 Planning
Commission retreat.
Commissioners Siegfried and Clay appointed to the Quality of Darkness committee.
COMMUNICATIONS;
Written:
1. Letter from J. Bowles re: exemption from parking - Acknowledged, noted and filed.
2. Petition re: Odd Fellows Home - Acknowledged, noted and filed.
3. Minutes of Heritage Preservation Commission of October 21, 1987, - Noted and filed.
Oral by Commission:
Vice Chairwoman Guch reported on the City Council Meeting of November 4, 1987.
ADJOURNMENT;
The Meeting of the Planning Commission was adjourned at 11:05 P.M.
Carol A. Probst-Caughey