HomeMy WebLinkAbout01-13-1988 Planning Commission Minutes CITY OF SARATOGA PL.ANNING COMMISSION
MINUTES
DATE: January 13, 1988 - 7:30 P.M.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Harris, Commissioners Guch, Siegfried, Burger, Clay,
Kolstad. Commissioner Tu.cker absent.
Approval of Minutes: Meeting of December 9, 1,987
Commissioner Kolstad asked that Page 4, read, "Commissioner Clay felt that the increased .... "
Chairwoman Harris asked that Oral Communications read, "..along with a letter describing
subsequent events regarding development of the lot at 14320 Paul Ave;"
On Page 5, add to read, "...the design review board of the subdivision."
BURGER/GUCH MOVED APPROVAL OF 'MINUTES OF DECEMBER 9, 1987, AS
AMENDED. Passed 5-0-1, Commissioner Siegfried abstaining.
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
January 8, 1988.
PUBLIC HEARINGS CQNSENT CALENDAR;
1. DR-87-128 Raney, 14760 Farwell Ave., request for design review approval of plans
to construct a 1,158 sq. ft. second story addition to an existing one-story
single family home in the R-I-40,000 zoning district per Chapter 15 of
the City Code. Continued t~ February 10, 1988.
2. AZO-87-004 City of Saratoga, consideration of an ordinance amending various
provisions in Chapter 15 of the City Code concerning structure height,
site coverage, fences, parking requirements, home occupations, tree
removal permits, and variance finding. A Negative Declaration has been
prepared for the project. Continued to February 10, 1988.
3. DR-87-095 Cartmell, 14350 Paul Ave.,' request for design review approval of plans
to construct a 1,099 sq. ft. two-story addition to an existing single-story
residence in the R-1-10,000 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. Continued to January 27, 1988.
................................................... ,_ .....................................................
4. DR-87-117 Pan Cal, 12411 Crayside~Ln. (Lot 16), request for design review
approval of plans to constru,c.t a new 6,533 sq. ft. one-story single family
home in the R-I-20,000 zoning district per Chapter 15 of the City Code.
Continued from December 9, 1987.
................................................... - .....................................................
5. DR-87-118 Pan Cal, 12411 Crayside Ln. (Lot 15), request for design review
approval of plans to construct a new 7,554 sq. ft. one-story single family
home in the R-I-20,000 zoning district per Chapter 15 of the City Code.
Continued from December 9, 1987.
6. LL-87-005 Torossian/Ossenbeck, 2195.0 & 21978 Via Regina, request for lot line
adjustment to transfer 1,158 sq. ft. from parcel B (21950 Via Regina) to
parcel A (21978 Via Regina) in order to construct a pathway to an existing
swimming pool in the R-1-40,000 zoning district, General Plan very low
density residential.
................................................... - .....................................................
PLANNING COMMISSION MEETING Page
JANUARY 13, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
7. LL-88-001 Cunningham, 14420 & 14430, request for lot line adjustment to transfer
approximately 75 sq. ft. from parcel B (14420 Paul Ave.) to parcel A
(14430 Paul Ave.) in order to maintain the required 6 ft. side yard setback
for the home under construction on Parcel A. Properties zoned
R-1-10,000, General Plan medium density residential.
8. SD-87-004.1 Waller, 14473 Oak Place, request for modification to condition on the
tentative map to allow installation of an early warning fire alarm in lieu of
a fire hydrant in the R-1-10,000 zoning district.
9. SDR-87o Stout, 15020 Sobey Rd., request for a one-year extension of time to
1510.3 complete conditions of a tentative map to resubdivide two lots into three.
Property located in the R-1-40,000 zoning district, General Plan very low
density residential.
10. DR-87-119 Pan Cal, 12307 Crayside Ln. (Lot 13), request for design review
approval of a new 5,172 sq. ft. two-story single family home in the
R-l-20,000 zoning district per Chapter 15 of the City Code.
11. DR-87-148 Zamlich, 20822 Beauchamps Ln., (Lot 35), request for design review
approval of a new 4,938 sq. ft. two-story single family home in the
R- 1-20,000 zoning district per Chapter 15 of the City Code.
12. DR-87-146 Mahzoon, 19948 Cox Ave., request for design review approval of plans
to construct a new 3,569 sq. ft. one-story single family residence in the
R-1-12,500 zoning district per Chapter 15 of the City Code.
13. DR- 87-021.1 Murco Development Co., 13276 Glasgow Ct., request for modification to
an existing design review approval to construct a 4,605 sq. ft. one-story
single family residence where 4,000 sq. ft. is the standard in the
Ro1-12,500 zoning district per Chapter 15 of the City Code.
14. DR-87-140 Koenen, 12720 Star ridge '.Ct., request for design review approval of
plans to construct a new 4,711 sq. ft. one~story single family residence in
the NHR zoning district per Chapter 15 of the City Code.
Planner Catdwell noted changes to Conditions of Approval; Applicants have been informed:
Item 9 II. Q., to read, "Post a bond in the form of a cash deposit to guarantee..."
Item 10 Exhibit "A", 5. to read, "....5,172 sqZ ft.
Item 13 Exhibit "A", add 12. to read, "The 'location of the pool equipment pad is not
approved with this Application."
Chairwoman Harris noted that Items 1, 2, and 3 Were being Continued to dates certain.
Mr. Jerry Bevans requested Item 7 be removed from Public Hearings Consent Calendar.
Chairwoman Harris requested Item 10 be removed from Public Hearings Consent Calendar.
Chairwoman Harris requested Item 12 be removed from Public Hearings Consent Calendar.
Commissioners Burger, Clay requested Item 13 be removed from Consent Calendar.
Commissioner Kolstad requested Item 14 be removed from Public Hearings Consent Calendar.
GUCH/CLAY MOVED APPROVAL OF PUBLIC HEARINGS CONSENT CALENDAR
ITEMS 4, 5, 6, 8, 9, 11. Passed 6-0.
7. LL-88-001 Cunningham, 14420 & 14430, request for lot line adjustment to transfer
approximately 75 sq. ft. from parcel B (14420 Paul Ave.) to parcel A
(14430 Paul Ave.) in order to maintain the required 6 ft. side yard setback
for the home under construction on Parcel A. Properties zonined
R-1-10,000, General Plan medium density residential.
Commissioner Burger reported on the land use visit.
Planning Director Hsia presented the Report to the Planning Commission, January 13, 1988.
The Public Hearing was opened at 7:43 P.M.
Mr. Cunningham, Applicant, deferred to other speakers.
PLANNING COMMISSION MEETING Page
JANUARY 13, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
Mr. Jerry Bevans, 14231 Springer Ave., Saratoga, stated that the lot line adjustment was one
of the inconveniences of the project; he would further address concerns under Miscellaneous.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. Passed 6-0.
City Attorney and Planner Caldwell provided information as requested by the Commission.
Mr. Cunningham explained the laying out of the: foundation and submitted site photographs.
BURGER/SIEGFRIED MOVED APPROVAL OF LL-88-001 PER MODEL RESOLUTION.
Passed 6-0.
10. DR-87-119 Pan Cal, 12307 Crayside Ln. (Lot 13), request for design review
approval of a new 5,172 sq. ft. two-story single family home in the
R-1-20,000 zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to the Commission of January 13, 1987.
Chairwoman Harris asked that a Condition be added requiring landscape screening on the fight
elevation; she noted the lower elevation of the adjacent lot.
The Public Hearing was opened at 7:54 P.M.
Mr. Chewee had no objections to the proposed change in Conditions of Approval.
BURGER/GUCH MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M.
GUCH/CLAY MOVED APPROVAL OF DR-87-119 PER THE MODEL RESOLUTION
ADDING A CONDITION 13. REQUIRING LANDSCAPE SCREENING ALONG THE
RIGHT ELEVATION OF THE HOUSE SUBJECT TO STAFF APPROVAL. Passed 6-0.
12. DR-87-146 Mahzoon, 19948 Cox Ave., request for design review approval of plans
to construct a new 3,569 sq. ft. one-story single family residence in the
R-1-12,500 zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to the Planning Commission of January 13, 1988.
Chairwoman Harris requested landscape screening and cited the elevation and length of the
wall facing Cox Ave.
The Public Hearing was opened at 7:57 P.M.
Mr. Terry Johns agreed to landscape screening along the wall in question.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 6-0.
BURGER/KOLSTAD MOVED APPROVAL OF DR-87-146 PER MODEL RESOLUTION
ADDING A CONDITION REQUIRING LANDSCAPE SCREENING ALONG THE RIGHT
ELEVATION SUBJECT TO STAFF APPROVAL. Passed 6-0.
13. DR-87-021.1 Murco Development Co., 13276 Glasgow Ct., request for modification to
an existing design review approval to construct a 4,605 sq. ft. one-story
single family residence where 4,000 sq. ft. is the standard in the
R-1-12,500 zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to the Planning Commission of January 13, 1988.
Commissioners Burger and Clay noted concem regarding the excessive square footage.
The Public Hearing was opened at 8:01 P.M.
Ms. Judy Coffey stated that her husband, the project builder; would address these concerns;
Applicants were willing to have the Item Continued and would attend a Study Session.
The Public Hearing remained open.
BURGER/CLAY MOVED TO CONTINUE DR-87-021 TO FEBRUARY 10, 1988, WITH A
STUDY SESSION TO BE HELD ON JANUARY 19, 1988. Passed 6-0.
PLANNING COMMISSION MEETING Page 4
JANUARY 13, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
14. DR-87-140 Koenen, 12720 Star ridge Ct., request for design review approval of
plans to construct a new 4,711 sq. ft. one-story single family residence in
the NHR zoning district per Chapter 15 of the City Code.
Planning Director Hsia presented the Report to the Planning Commission of January 13, 1988.
Commissioner Kolstad cited concern regarding the length and visibility of the proposed house.
The Public Hearing was opened at 8:10 P.M.
Mr. Ray Cobb, Architect, felt that the height of the house would be screened by the trees;
Mr. Louie Loo concurred and presented photographs.
Mr. Dick Koenen, Applicant, stated that the house was designed for the lot and would be
screened by the trees.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:14 P.M. Passed 6-0.
Commissioner Guch noted the lot was 1.17 acres with only 18% of impervious coverage; she
was favorable to the application as proposed.
Commissioner Burger commended the Applicant for the 4,711 square foot house requested.
Commissioner Siegfried was very favorable to the proposed design of the house.
GUCH/BURGER MOVED APPROVAL OF DR-87-140 PER THE MODEL RESOLUTION.
Passed 6-0.
PUBLIC HEARINGS:
15. GPA-87-004 Maynard, P.G.& E. Easement, request for General Plan amendment to
ZC-87-004 designate the 19 acres of P.G.& E. easement along the railroad between
Calabazas Creek at the west and Quito Rd. at the east as Open Space
Managed Resource Production in lieu of the residential (M-10, M-12, 5)
and PUC designation and rezone the area from R-1-10,000 and
R-l-12,500 zoning district to Agriculture. The amendments will allow
the growing and sale of Christmas trees.
Planning Director Hsia presented the Report to the Planning Commission of January 13, 1988;
he introduced into the record letters from the fol10wing individuals:
Mr. Harry Y. Yahata, dated January 13, 1988'
Mr. Robert E. Corridan, dated January 13, 1988
Caryl and Doug Fairfield, January 7, 1988, in favor of the Application.
The Public Hearing was opened at 8:20 P.M.
Mr. Elwood Maynard, Applicant, deferred to other speakers.
Ms. Pat Kempt, 124486 Summer Dr., Saratoga, opposed the Application, stating that she:
Objected to characterizing the property as a "dumping site;" the area was well taken care of
Cited concerns regarding drainage and noted the potential overflow onto her property
- Noted that the house was purchased in part because there were no back yard neighbors
Added trees will cause allergies for her familyi
- Cited the potential fire hazard
- Wished to see the access remain available
Mr. Dick Smith, 12313 Fredericksburg Dr., Saratoga, concurred with the above and cited the
use of this area for pedestrians; privacy impacts were cited. Petition was presented.
Mr. Carl Franklin, 12312 Farr Ranch Rd., Saratoga, was opposed to rezoning of the area.
Mr. Mike Hayden, 20124 Guava Ct., Saratoga, cited the following concerns:
- Loss of access between Fredericksburg and Guava Ct. for school children
- Commercial activity in a residential area; traffic impacts cited
PLANNING COMMISSION MEETING Page 5
JANUARY 13, 1988
PUBLIC HEARINGS Continued
Mr. Eric Bracher, 19542 Chardonnay Ct., Saratoga, noted that he chose this lot due to the
adjacent open space; furthermore, he wished to retain access to and visibility of the area. He
questioned whether the tree farm could be placed on P.G.& E. property.
Col. E.T. Barco, E1 Camino Barco, concurred with Staff Recommendation and added that
approval of this Application would require a major change in zoning.
Mr. Don Landberg, 12253 Fredericksburg Dr., Saratoga, felt that the issues were:
o Aesthetics, the tree farm may improve the appearance of the area
o Traffic control and security were concems of the speaker
Mr. Maynard responded to the above concerns aS follows:
- A 30 ft. area along the railroad tracks would be left open for pedestrians, joggers
- Easement corridor would also remain, located directly behind the houses
- Easements, one allowing the children to cross and a right-of-way by the creek
- Security, a 6 ft. cyclone fence would be installed
- Drainage, the trees themselves would absorb some of the excess water
- Traffic would increase in a two-three week period once a year
- Parking would be provided as recommended by the CA Tree Growers Association
The Public Hearing remained open.
Commissioner Clay concurred with Staff Report and questioned the need for a continuance;
Commissioner Siegfried concurred although he was willing to Continue the Item.
Commissioner Burger was prepared to vote on the Item and noted concern regarding rezoning;
Commissioner Kolstad concurred.
Commissioner Guch noted her consideration of Issues as noted in the Staff Report.
Mr. Maynard responded that a number of individuals were favorable to this project and had
planned to attend the February 10th Meeting. He'understood that the Item would be continued,
thus these individuals were not present at the Hearing. He requested a continuance of the Item.
GUCH/BURGER MOVED TO CONTINUE GPA-87-004 AND ZCo87-004 TO FEBRUARY
10, 1988. Passed 6-0.
Break 8:45 - 9:00 P.M.
16. V-87-026 Andres, 15255 Peach Hill Rd., request for variance approval to allow a
4.5 ft. high fence within the required front yard setback where 3 ft. high
fence is permitted in the R-I-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 the Planning Commission of January 13, 1988.
The Public Hearing was opened at 9:02 P.M.'
Ms. Sharon Andres, Applicant, reviewed the planning and installation of the fence, noting that
some of the fencing was already in place. She stated that a 3 ft. fence would not contain her
dogs. She cited site improvements and pointed out a steep drop by the creek. She noted the
unusal shape of the lot and added that neigher public safety was threatened nor visibility im-
paired by the fence. She answered questions addressed by the Commission.
Mr. Anthony Damore, 15374 Mardone Hill, Saratoga, noted the improvement of this site and
concurred that visibility was not impacted by the fence.
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:12 P.M. Passed 6-0.
Commissioner Burger stated that she could make the necessary Findings; she added that
installation of the fence may have improved safety, especially in the creek area. Commissioner
Guch felt that there were no visible impacts. Commissioner Kolstad noted concern regarding
the setting of precedent; Commissioner Guch responded that a Finding that the topography was
exceptional could be made.
PLANNING COMMISSION MEETING Page
JANUARY 13, 1988
PUBLIC HEARINGS Continued
BURGER/GUCH MOVED APPROVAL OF DR-87-026, MAKING FINDINGS 1 AND 2,
OF PRACTICAL DIFFICULTY AND PHYSICAL HARDSHIP DUE TO THE TOPO-
GRAPHY AND SHAPE OF THE LOT; FINDING 3, THAT USE OF THE LAND WAS
NOT A PRIVILEGE DENIED OTHER PROPERTY OWNERS; FINDING 5, THE FENCE
ADDS TO THE PUBLIC SAFETY ESPECIALLY IN THE CREEK AREA; IN ADDITION,
VISIBILITY IS NOT IMPAIRED BY THIS FENCE. EXHIBIT "A", CONDITION OF
APPROVAL 3., TO BE DELETED. Passed 6-0.
Commissioner Siegfried noted that the intent of the Commission in approving the Fencing
Ordinance was not to address a property such as the this; he asked for reconsideration of this
Ordinance at a future date.
17. DR-87-149 Nivas, 12106 Beauchamps Ln., request for design review approval of
plans to construct a new 5,557 sq. ft. one-story single family residence
where 4,800 sq. ft. is the standard in the NHR 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 of January 13, 1988;
he noted a correction, Staff Report, Exhibit "B ", to read, "..does not unreasonably interfere.."
The Public Hearing was opened at 9:23 P.M.
Mr. Marty Oaldey, compared the Application to a previous approval and presented a drawing.
Chairwoman Harris responded that the proposed change created three houses in a row with
three car garages facing front.
Commission Guch noted concem regarding an increased square footage in excess of 300 ft.
and the decrease in setback; Commissioner Siegfried concurred and reiterated that the loss of
the side yard area was a significant portion of the setback.
Mr. Yogesh Nivas, Applicant, noted the difficulty of ingress/egress of a side entry driveway
and the attempt to reduce the perception of bulk..
GUCH/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:33 P.M. Passed 6-0.
Chairwoman Harris stated that the variety of design was eliminated from the streetscape view.
Commissioner Burger noted that front setbacks varied in depth; in addition, the impervious
coverage was decreased by the driveway placement proposed. She did not view the proposed
house as incompatible with the neighborhood nor excessively bulky.
Commissioner Guch felt that this Application would result in a "parking lot" appearance;
however, she did not see the proposal as incompatible in design or height with adjacent units.
Commissioner Clay noted the loss of space between the houses.
Commissioner Kolstad stated that he could make the necessary Findings; however, he noted
disappointment in the changes in design.
BURGER/KOLSTAD MOVED APPROVAL OF DR-87-149 MAKING THE FINDINGS 3
AND 4 THAT THE HOUSE PROPOSED DID NOT APPEAR EXCESSIVELY BULKY
AND WAS COMPATIBLE IN HEIGHT AND BULK WITH HOUSES IN THE SUB-
DIVISION. Passed 4-2, Chairwoman Harris, Commissioner Clay opposed.
MISCELLANEOUS:
18. DR-87-048 Report on 14230 Paul Avenue
Commissioner Burger reported on the land use visit.
Planner Caldwell reviewed the Memorandum of January 13, 1988.
Mr. Jerry Bevans, Springer Ave., Saratoga, presented a set of drawings; he felt that the
project was not being constructed as approved by the Planning Commission and reviewed the
project changes made as stated his letters and referred to in the Staff Memorandum. He
concluded that both his view of the mountains and his privacy were lost.
PLANNING COMMISSION MEETING Page 7
JANUARY 13, 1988
MISCELLANEOUS Continued
Mr. Tom McKenna, 14256 Springer Ave., Saratoga, noted concern regarding a process
wherein public testimony was taken and then substantial changes, as noted above, were made
to an approved project; he viewed this situation as an infringement of his civil rights.
Mr. Richard Davis, Springer Ave., Saratoga, noted concerns of a similar situation in his neigh-
borhood and asked that the City monitor field conditions before project approval.
Ms. Eileen Fitzgerald, 14231 Springer Ave., Saratoga, stated that Applicant had two options,
namely, loss of view or loss of privacy.
Mr. Robert Weinmann, 14371 Springer Ave., Saratoga, stated that while technical compliance
appeared to have been achieved, these changes in fact obliterated privacy and eliminated the
view of Mr. Bevans. An example of a similar situation was cited. The question of protection
of privacy need to be addressed; he cited his concerns regarding this issue.
Mr. Bevans cited an example of privacy intrusion and presented a petition of individuals who
were also concerned regarding this situation.
Mr. Cunningham, Applicant, responded that the Bevans lot was 3-4 ft. lower in elevation; he
did not feel that moving his house back on the lot changed the initial approval. He stated that
privacy must be protected by the use of curtains and offered to install landscape screening;
however, a house could not be built below grade~ A drawing and pictures were presented.
The City Attorney advised the Commission of alternatives available.
Commissioner Clay noted that a procedural problem existed in determining what substantial
compliance entailed and asked that the Commission address this issue.
Commissioner Guch noted that a substantial change in roof pitch created a perception of
excessive bulk; the roof as originally proposed was one of the finest features of the house.
Commissioner Siegfried stated that incomplete plans had been reviewed; had an additional 4 ft.
in height of the rear of the house been shown, the Commission may have decided differently.
Commissioner Burger concurred that the house was not in substantial compliance with the
approval granted; she noted that the Commission had not provided clearer guidelines for Staff.
She suggested design alternatives to address this situation.
Chairwoman Harris added that the roof was to be restored the its original pitch in order to
comply with the original approval; Commissioners Burger and Guch concurred.
Commissioner Kolstad felt that the house was in substantial compliance; he noted that on a site
visit that the house did not seem incompatible to the neighborhood nor that the moving of the
house to the rear of the site had a major impact on privacy of adjacent residents. However, he
questioned the procedures for determining if substantial compliance had been achieved.
The City Attorney advised that since the majority of the Commission felt that substantial
compliance had not been met, the Applicant should submit an application for modification
unless, unless a plan mitigating these impacts could be worked out.
Commissioner Guch added that just because an Application met Code requirements, such did
not necessarily mean that the intent of the Commission had been met.
Mr. Cunningham noted the improvements to the property had meet with favor from the
neighborhood; he cited costs involved in changing the structure and time lines for project
completion. He added that modifications had been approved by Staff.
Consensus of the Planning Commission that substantial compliance had not been met;
Applicant to file an Application for modification.
19. Report from Subcommittee on Retreat (agenda and menu attached)
Commissioner Burger reported on the plans for the Retreat.
PLANNING COMMISSION MEETING Page
JANUARY 13, 1988
COMMUNICATIONS:
Written:
1. Minutes of Heritage Preservation Commission of December 2 and December 16, 1987 -
Noted and filed.
2. Committee of the Whole Minutes of December 1 and December 15, 1987 ~ Noted and filed.
Oral by Commission:
1. Commissioner Guch reported on the City Council Meeting of January 6, 1988.
ADJOURNMENT
The Meeting of the Planning Commission was adjourned at 11:10 P.M.
eS e t tl stl ' /
Carol A. Probst-Caughey / ~
/