HomeMy WebLinkAbout05-11-1988 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: May 11, 1988 - 7:30 P.M.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Guch, Commissioners Siegfried, Burger, Harris, Tucker,
Kolstad
Approval of Minutes: Meetings of April 19, 1988 and April 27, 1988
Commissioner Harris asked that Minutes of April 19th, Page 2, fifth paragraph read, "Com-
mented on the difficulty of getting out of the'driveways on Pierce Rd. Suggested design
alternatives to relieve traffic hazards, i.e., right turn lane onto Cox Ave." On Page 3, fifth
paragraph, "..asked that plans show the project to the south as it related to the shared property
line" Final paragraph to add "...as proposed"
Commissioner Burger asked that Page 2, fourth sentence from end, "..asked that the building
relative to the street be staked.." Page 3, third paragraph insert, "...for access from ..."
HARRIS/BURGER MOVED APPROVAL OF MINUTES OF APRIL 19, 1988, AS AMEND-
ED. Passed 5-0-1, Commissioner Kolstad abstaining.
Commissioner Burger asked that in the Minutes of April 271h, Page 2, fourth paragraph from
end, "..was considerably lower.." Page 4, last line, "..three week operation..."
Commissioner Harris asked that on Page 2, third paragraph, add, "..even though the plans
were submitted at the time of the modification application." Third line from end, add "safe"
and "Mr. Bigler responded that a pathway would be built into the hill by the ninth green and the
fairway to improve visibility from the tee and the fairway." On Page 3, fifth paragraph add,
"...in the PA district." Same Page, fifth paragraph from the bottom to read, "The lower..."
On final Page delete phrase and add, "...to the Technical Information comparing Code
requirement to the proposal."
HARRIS/BURGER MOVED APPROVAL OF MINUTES OF APRIL 27, 1988, AS AMEND-
ED. Passed 4-0-2, Commissioners Tucker, KolStad abstaining.
Technical Corrections to the Packet Material: Planner Caldwell noted the following changes:
DR-87-078.1: Lot Coverage: "29% (15,361 sq..ft.) Proposal: 28% (14,837 sq. ft.)"
DR-87-144: Height: Code Requirement/Allowance to read, "26 ft."
DR-87-142: Grading Requirement: to read, "None"
DR-88-009: Condition 15, second sentence insert, "...or licensed architect..."
DR-87-028: To be Continued to May 25, 1988, 'pending revision of plans
DR-87-141-145 Manor Estates: table showing the grade differentials on Lots 2 and 3 presented
ORAL COMMUNICATIONS; None.
REPORT OF CLERK ON POSTING QF AGENDA:
Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on
May 6, 1988.
PUBLIC HEARINGS CONSENT CALENDAR~
1. DR-87-102 Gallo, 20172 Rancho Bella Vista, request for design review approval of a
new 3,952 sq. ft. one-story~ single family home in the R- 1-20,000 zoning
district per Chapter 15 of the City Code. Continued to May 25, 1988 at
the request of the applicant.
PLANNING COMMISSION MEETING Page
MAY 11, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
2. DR-87-078.1 Ratner, 19103 Via Tesoro Ct., request for modification of a previous
design review approval to allow a 120 sq. ft. addition to the rear of the
main dwelling and a 94 sq. ft. accessory structure, 10 ft. in height, in the
rear yard, in lieu of the. 168 sq. ft. two-story accessory structure
(poolhouse) that was previously approved on a 1.2 acre site in the
R~l-40,000 zoning district. With the addition, the main dwelling will be
7,208 sq. ft. where 7,088 sq. ft. was allowed at the time design review
approval was previously granted per Chapter 15 of the City Cede.
3. TUP-88-002 San Jose Symphony, 19101 Via Tesoro Ct., Request for a temporary use
permit to allow a Showcase House and Garden Tour of the property per
Chapter 15 of the City COde. The property is a 2.5 acre parcel in the
R-l-40,000 zoning district. The Showcase will be conducted from May
22, 1988 to June 19, 1988.
4. SDR~ 1601.1 Flynn, Comer Drive, request for a one-year extension of time to complete
conditions of tentative building site approval for a 5.25 acre lot located
approximately 700 ft. west .of the intersection of Arroyo de Auguello and
Comer Drive per Chapters 14 and 15 of the City Cede.
5. SM-88-013 Saffarian, 21657 Vintage Lane, request for site modification approval of
plans to construct a swimming pool in the NHR zone district per Chapter
14 and 15 of the City Code.
6. DR-87-141 Manor Estates, 12589 Manor Ct., request for design review approval for
a new 4,820 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
7. DR-87-142 Manor Estates, 12577 Manor Ct., request for design review approval for
a new 4,333 sq. ft. two-story single family home in the R-1-12,500
· zoning district per Chapter 15 of the City Code.
8. DR-87-143 Manor Estates, 12554 Manor Ct., request for design review approval for
a new 4,193 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter· 15 of the City Code.
9. DR-87-144 Manor Estates, 12542 Manor Ct., request for design review approval for
a new 4,206 sq. ft. two-Story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
10. DR-87-145 Manor Estates, 20511 Manor Ct., request for design review approval for
a new 3,927 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter. 15 of the City Code.
11. LL-88-004 IOOF, 14500 Fruitvale Ave., request for three lot line adjustments
between four existing parcels in the R-l-40,000 zone district, General
Plan-very low density residential (RVLD), and quasi public facility (QPF)
12. UP-88-004 Alviso, 18596 Martha Ave., request for use permit approval of plans to
construct a 775 sq. ft., 12 ft. high detached accessory structure in the
required rear yard setback per Chapter 15 of the City Code.
13. DR-88-009 Dura Style Homes, Inc., 18259 Montpere Dr., request for design review
approval of a new 3,369 sq. ft. one-story home on a 10,842 sq. ft. lot in
the R-1-10,000 zoning district per Chapter 15 of the City Code.
14. DR-87-099.1 Luebbers, 15225 Blue Gum Ct., request for modification to an approved
design review application to allow a redesign of the detached garage and
enlarging the driveway to accommodate additional off-street parking in the
R-l-40,000 zoning district per Chapter 15 of the City Code.
A member of the Public requested removal of Public Hearings Consent Calendar Item 8.
Commissioner Siegfried requested removal of Public Hearings Consent Calendar Item 9.
Mr. Charles Forrest requested removal of Public Hearings Consent Calendar Item 10.
PLANNING COMMISSION MEETING Page
MAY 11, 1988
PUBLIC HEARINGS CONSENT CALENDARi Continued
HARRIS/TUCKER MOVED APPROVAL OF PUBLIC HEARINGS CONSENT CALEN-
DAR ITEMS 2 - 7 AND 11 - 14. Passed 6-0.
8. DR-87-143 Manor Estates, 12554 ManOr Ct., request for design review approval for .:.
a new 4,193 sq. ft. two-story single family home in the R-1-12,500 ..:
zoning district per Chapter 15 of the City Code.
Planner Caldwell reviewed the Report to the Pla~ning Commission of May 11, 1988.
The Public Hearing was opened at 7:45 P.M.
Mr. Charles Forrest, 12468 Green Meadow Ln., ~Saratoga, commented as follows:
- Asked that Consent Calendar Items 6 and 7 also be removed
- Cited concern that 5 two-story homes were proposed for an area that had only 5 two-story
homes out of 25 existing homes; asked that two of the five proposed homes be single story
- Noted concern regarding placement of the two-story homes due to the Saratoga-Sunnyvale
access; suggested a one-story home be placed at the corner of Manor Dr./Saratoga-
Sunnyvale Rd. '
- Questioned the placement of utilities and landscaping on the Manor Dr. medium
- Asked that landscaping removed during consti'uction be replaced
SIEGFRIED/BURGER MOVED TO RECONSIDER PUBLIC HEARINGS CONSENT
CALENDAR ITEMS 6 AND 7. Passed 6-0.
Items 6, 7, 8, 9 and 10 to be heard jointly.
6. DR-87-141 Manor Estates, 12589 Manor Ct., request for design review approval for
a new 4,820 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
7. DR-87-142 Manor Estates, 12577 Manor Ct., request for design review approval for
a new 4,333 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
9. DR-87-144 Manor Estates, 12542 Manor Ct., request for design review approval for
a new 4,206 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
10. DR-87-145 Manor Estates, 20511 ManOr Ct., request for design review approval for
a new 3,927 sq. ft. two-story single family home in the R-1-12,500
zoning district per Chapter 15 of the City Code.
Ms. L. Taters, 20577 Manor Dr., Saratoga, was Concerned regarding compatibility of the new
project with existing homes. She concurred with. Mr. Forrest's comments on landscaping.
Mr. Richard Childtess, President, Debcor DevelOpment, commented as follows:
Confirmed that at the time of subdivision approval there was a requirement to replace land-
scaping removed during construction; such would be complied with
Unfortunately, the sewer maintenance was direc~y under the planter strip; Sewer District
required a man hole be placed direc~y over the maintenance section
Street repair: there was a requirement that the entire side of Manor Dr. be completely over-
laid with the appropriate surface
Two-story homes: issue had been addressed
HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 7:59 P.M. Passed 6-0.
Commissioner Harris commented as follows:
Shared' neighbor's concerns regarding the dev.'.elopment of five two-story homes
However, the footprint for a two-story home allowed more open space
Second story elements were stepped back to avoid a "walled" effect
The height of these homes had been carefully reviewed
- Homes on Lot 1 and 4 had been designed with the shape of the lot in mind
- Special consideration had been given to preservation of the large trees on Lots 4 and 5
PLANNING COMMISSION MEETING Page 4
MAY 11, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
Commissioner Harris continued as follows:
- Having some driveways front on Manor Dr. opened up the entire court
-. House on Lot 4 had been pulled back from the Court to create a more open feeling
-' With respect to a two-story home on Lot 5, the developer had noted that such would serve
as a sound barrier to the entire project
- While some reservations remained, the redesign resulted in a much better project
Commissioner Siegfried commented that while second story elements existed, square footage
was approximately 3900 to 4100 sq. ft; furthermore, homes were 22 - 25 ft. in height; such
would be less impactful than single story houses'-
BURGER/HARRIS MOVED APPROVAL OF DR-87-144 PER THE MODEL RESOLUTION
Passed 6-0
BURGER/HARRIS MOVED APPROVAL OF DR-87-145 PER THE MODEL RESOLUTION
Passed 6-0
BURGER/HARRIS MOVED APPROVAL OF DR-87-141 PER THE MODEL RESOLUTION
Passed 6-0 ~.
BURGER/HARRIS MOVED APPROVAL OF DR-87-142 PER THE MODEL RESOLUTION
Passed 6-0
BURGER/HARRIS MOVED APPROVAL OF DR-87-143 PER THE MODEL RESOLUTION
Passed 6-0
PUBLIC HEARINGS;
15. GP-87-003 Florence Nelson Foundation, 20851 Saratoga Hills Rd., request for
General Plan Amendment of 5.1 acres of partially developed property to
change the land use designation from OSOR (Open Space, Outdoor
Recreation) to medium density residential homes. A Negative Declaration
has been prepared. Continued from April 27, 1988.
Planner Caldwell reviewed the Memorandum of May 11, 1988.
Letters from the Public cited:
- Mr. and Mrs. Heger - Ms. Loretta Nemetz
- Ms. Carol Adams - Ms. Maxine Slair
- Ms. Jeanne Williams Mr. Richard Eiler
The Public Hearing was opened at 8:10 P.M.
Ms. Linda Callon, Representing Ainsley Development Co., commented as follows:
Reviewed the Application for a General Plan Amendment and the Staff Report
Cited the consistency of the proposal with the surrounding neighborhood; proposal also met
requirements of the Circulation, Land Use and Housing Elements of the General Plan
Cited Reports submitted on the Trees and the Wildlife Assessment
Presented exhibits comparing the Applicant's proposal and Staff Recommendation
Mr. Roger Ross, Horence Nelson Foundation, confirmed that there had never a running creek
on site during the 20 years he had lived there; however, pond water had been re-circulated.
Ms. Dean Weston, 20774 Pontiac Ave., Saratoga, noted the many valuable trees which should
not be destroyed; examples of apricot, walnut and apple trees cited. One of the pleasures of life
was to eat fresh fruit from the trees; she questioned whether such would be denim in the future
Mr. Charles Hager, 21050 Saratoga Hills Rd., Saratoga, felt that Commissioners appointed
while Ms. Callon was a member of the City Council, should disqualify themselves.
PLANNING COMMISSION MEETING Page 5
MAY 11, 1988
PUBLIC HEARINGS Continued
Ms. Anne Waltonsmith, 21060 Saratoga Hills Rd., Saratoga, commented as follows:
Cited her letter which had not yet been received by the Planning Deparunent
Asked that an internal street (cul-de-sac) be considered for the development in question
Added that some understood that the Water Department would use this development as an
opportunity to widen Saratoga Hills Rd; the Vice President of Operations assured her that
there was no such plan :
Ms. Louise Gager, 20972 Saratoga Hills Rd., Saratoga, commented as follows:
- Requested a delay in making a final decision on the Nelson Gardens
- Cited the recent decision of Mr. David Packard to donate a large sum of money to another
cause; they wished time in order to ask his help in this matter
- Cited the time, resources and money available to the Nelson Foundation
- Councilmembers in favor of this proposal voted against the people and the General Plan
- Noted the opposition of the adjacent neighborhood to the development of this property
- Cited the interest of Saratoga Community Gardens and Youth Science Institute in this site
-' Reiterated her request for a delay on this decision
Ms. Keay Burth, 13886 Malcom, Saratoga, commented as follows:
- Williamson Act Contract on the Nelson property was available for almost nine years
- Cited the slides on Upper Hill Ct. and the cost: to both taxpayers and residents of the area
- Noted the ongoing instability of this hill and the impact on Saratoga Hills Rd.
Felt that imprudent building would cost money and create problems
Mr. R. G. Lawson, 14090 Elvira St., Saratoga, noted that there was an opportunity to save a
beautiful piece of properly.
Ms. Loft Nemetz, 13960 Pontiac Ave., Saratoga, would like to see the property remain as it
presently was; however, if developed, she asked that one acre parcels be required.
Mr. Robert H. Bitney, 21352 Saratoga Hills Rd., Saratoga, read into the record a letter of
Mr. MacLean Clair, 21100 Saratoga Hills Rd., Saratoga, dated May 8, 1988. He added his
own comment that when the Water Department installed a water line across Saratoga Hills Rd.,
this road was never adequately repaired/restored.
Mr. Robert Gager, 20972 Saratoga Hills Rd., Saratoga, commented as follows:
Was concerned regarding earth movement and drainage on the hillside as follows:
- Landslides: cited the recent slides on adjacent properties
- Gradual settlement and lateral movement of the soil causing significant structural
damage to the houses; cited problems in his own house
- Underground springs; cited examples on his and a neighbor's property
NDrainage on hillside lots
- Cited recent litigation on land slippage on Saratoga Hills Dr.
- Asked for a reevaluation of the soil and hillside conditions before approval were granted
Ms. Callon responded as follows:
- Concurred with the above speakers on the necessity of geologic and soils reports
- Applicants also wished to preserve the trees on-site
Property had been in public hands at various times; no one could afford to maintain the site
Cited the length of time Item had been considered and the past participation of neighbors
Reviewed the history of the property, delibera.tions surrounding cancellation of the William-
son Act Contract and the proposed zoning designation for the site
Ms. Loft Nemetz asked to review the exhibit presented on zoning designation for the site and
add information on the topography of the site and. alternative access to the property.
SIEGFRIEDBURGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:50 P.M. Passed 5-0
Commissioner Siegfried objected to comments that a potential conflict of interest would exist
for Commissioners appointed during Ms. Callon'S tenure on the City Council; he cited the time
and effort dedicated to the Commission and the City of Saratoga.
He reviewed the Application in the light of the cancellation of the Williamson Act Contract and
stated that the question was one of appropriate zoning for this site. He concurred with Staff
Recommendation; issues raised in this Hearing would be addressed at the proper time.
PLANNING COMMISSION MEETING Page 6
MAY 11, 1988
PUBLIC HEARINGS Continued
Commissioner Siegfried wished to see development on the flat portion of the property and in
character with the neighborhood. He favored some rather severe limitations on the height and
size of the homes to be built on this property; the Commission would address technical
concerns at the appropriate time. Commissioner Burger concurred.
Commissioner Tucker understood the neighbors concerns and wished this property could
remain open space; however, the Council had cancelled the Contract on this property.
Commissioner Harris noted that an Environmental Declaration was required and advised the
public that an Environmental Impact Report would not be required; she would have preferred to
see this property remain in the Williamson Act Contract. Delay of this Application in order to
search for alternative funding was not the prerogative of the Commission; however, adoption
of a General Plan Amendment did not prohibit those interested from researching other options.
The City Attorney confirmed that regardless of .the zoning, the site could ·be bought and sold;
such depended upon the desire of the current owners.
Commissioner Harris favored as few homes as possible on this site; information available
confirmed Staff Recommendation and was consistent with the neighborhood.
Commissioner Kolstad cited the Model Resolution and questioned whether development of this
site was in the best public interest; while preservation of open space may not be economically
feasible, parklands were difficult to restore to an area. He was unfavorable to a General Plan
Amendment allowing more development; such would not be in the public interest.
Chairperson Guch was not in favor of cancellation of the Williamson Act Contract; however,
such was not before the Commission. The proposal for medium and low density appeared to
be consistent with the General Plan in that surrounding areas were a similar designation; such
appeared to be an appropriate designation for the site. Issues of drainage and preservation of
trees would be addressed at the subdivision application.
Commissioners Tucker and Harris questioned the term "public interest;" Planner Ca/dwell
reviewed the history of this proposal and deliberations of the Council in cancelling the
Williamson ACt Contract; it would be in the public interest to develop the property consistent
with General Plan policy for the area.
The City Attorney added that the Genera/Plan and Zoning Ordinance Amendments were
legislative acts as opposed to approval of subdivision application which was a discretionary
process. Staff Report stated that the "Plan may be amended in the Public Interest;" such to be
determined on a reasonable basis in terms of a planning decision for this property.
Planner Catdwell amended the Model Resolution~ to read, "..Medium and Very Low Density.."
BURGER/SIEGFRIED MOVED TO APPROVE THE NEGATIVE DECLARATION AND
RECOMMEND APPROVAL OF RESOLUTION GP-87003 AMENDING THE GENERAL
PLAN LAND USE ELEMENT DESIGNATING THE FLORENCE NELSON PROPERTY
MEDIUM AND VERY LOW DENSITY RESIDENTIAL. Denied 3-3, Commissioners
Harris, Tucker, Kolstad dissenting.
Break: 9:10 - 9:29 P.M.
16. SD-87-008 Cocciardi, 22631 Mt. Eden Rd., request for tentative map approval to
subdivide 52.5 acres of land into a total of 5- lots; four of which will be
developed with single family homes (21.5 acres), the last parcel (31
acres) will remain under' a Williamson Act contract. A Negative
Declaration has been prepared. Continued form April 27, 1988.
Planner Ca/dwell presented the Report to the Planning Commission, May 11, 1988; she noted
Amended Conditions 40 and 41 addressing requirements of the equestrian trail easements and
the Revised Tentative Map showing the proposed location of the 15 ft. wide trail easement.
Commissioner Siegfried commented that he recommended Continuing this Item pending a site
visit by the Commission; he had now completed Such.·
PLANNING COMMISSION MEETING Page 7
MAY 11, 1988
PUBLIC HEARINGS Continued
City Attorney answered the C0mmission's questions on equestrian trail easements, mainten-
ance of such and the process referenced in Exhibit A, Specific Conditions-City Geologist 25;
he reviewed the Quarry Creek Repair Project, adding that such did not relate to this subdivision
nor was the Repair Project done to enable and/or facilitate this project.
Planner Caldwell suggested a statement be added to Condition 25 to insure that the work called
out be reviewed by Mr. Cotton and the City Engineer.
Commissioner Kolstad stated that he had talked with the City Engineer regarding this project.
Mr. William E. Brooks, 20230 Merrick Dr., Saratoga, noted that neither Commissioners
Tucker nor Kolstad were present for previous hearing on this Item; however, Commissioner
Kolstad had now participated in the discussion. He asked that the Public Hearing be reopened.
SIEGFRIED/HARRIS MOVED TO REOPEN THE PUBLIC HEARING AT 9:45 P.M.
Passed 6-0.
Mr. George Tobin, Attorney for the Applicant deferred to other speakers.
Mr. Wilhem Kohler, President, Pierce Canyon Homeowners Association, commented:
- Questioned whether the scenic easement on Lot 4 was pan of the Creek and if so, he asked
that problems associated with the Creek be considered
- Main concern was the lack of an Environmental Impact Report; reviewed specific concerns
- Asked that the required studies be completed before the project was approved
- Submitted photos showing the grading which, had been done on Lot 4 in conjunction with
the Creek Repair Project
Mr. William E. Brooks, 20230 Merrick Dr., Saratoga, commented as follows:
- Was pleased to see the equestrian easement trails on the Maps
- Asked that isolated sections of the trails be connected to existing trails; cited examples
- Suggested consideration of a roadside easement in this Subdivision Application
Ms. Dora Grens, 13451 Old Oak Way, Saratoga, 'reiterated concerns expressed April 27, 1988:
- Urged that an Environmental Impact Report be completed
- Whether or not the drainage system were located on the property in question, runoff
would impact other sites. Noted the placement of her home in relationship to this system
- Question of a failure of the storm drainage syS'tem had not been addressed
- Cited lack of requirements for a site drainage system on a lot on Vaquero Ct.
- Reiterated her concerns and asked that they be' addressed formally
Mr. Tobin commented as follows:
- Cited revisions made to the Subdivision Maps 'for the scenic and equestrian trail easements
- Cited reports already submitted on environmental impacts
- Quarry Creek Repair Project was not the subject of this Application
BURGER/SIEGFRIED MOVED TO CLOSE 'THE PUBLIC HEARING AT 10:07 P.M.
Passed 6-0. "
Commissioner Siegfried felt that an Environmental Impact Report (EIR) was not the answer for
concerns raised; such would only indicate the need for a detailed geological report.
'Commissioner Kolstad raised questions on a Negative Declaration and environmental concerns;
The City Attorney responded:
Implicit in a request for an Environmental Imtiact Report was that unless an EIR were done,
nothing was done; such was not the case
- Adoption of a Negative Declaration did not mean construction could be initiated; there were
detailed requirements for site specific geotechnical studies as well as Conditions on drainage
- Investigations and plans would have to be prepared for the construction phase of the project
to satisfy the City and all concerned
- With respect to the concern that environmental questions should be investigated before the
adopting of a Negative Declaration, the distinction was that these investigations related to
building requirements
An EIR would not identify the issues to be studied as Commissioner Siegfried already noted
PLANNING COMMISSION MEETING Page 8
MAY 11, 1988
PUBLIC HEARINGS Continued
Commissioner Kolstad questioned whether impacts had been property addressed in the Criteria
for Determining Significant Environmental Impacts and the relationship, if any, of the
proposed subdivision to the Quarry Creek Repair Project.
The City Attorney responded that the Quarry Creek Repair Project had been designed with the
assistance of geotechnical, civil engineering and hydrologic expertise to accommodate all of the
water shed that would feed into it.
Commissioner Harris raised the concern about the disruption to "Borrow Hill" and the road
which was created for homeowners on the Creek and the runoff/erosion resulting from such;
Conditions did not address this issue. :'.
The City Attorney responded that the site was being dealt with as it presen~y existed; however,
it was within the prerogative of the Commission to add a Condition stating that plans were to .'
be furnished showing how the existing "pioneer road" was to be repaired/restored as well as
requiring the replanting of the area. Improvement Plans to be submitted before Final Map
Approval would include drainage plans for th~ entire site; it might be appropriate for the
Commission to state that particular attention was. to be given to the area that was the subject of
the Quarry Creek Repair Project in terms of restoration, geologic stability, drainage and
landscaping.
Commissioner Harris felt that the Significant Environmental Impact questionaire was answered
in response to specific building sites; such was not the problem. She was concerned that
without an EIR, all the issues would not be adequately addressed.
Planner Catkins reviewed the preparation of the Negative Declaration statement. He concurred
that erosion resulting from the creation of a road was a concern; such was the result of the
Quarry Creek Repair Project and in his estimation the four lot subdivision under consideration
would not change the existing conditions. In response to Commissioner Siegfried's question,
he stated that if there were appropriate conditions placed on the Tentative Map the granting of a
Negative Declaration would be in order; however, if major concems remained on the project
under consideration, a focused EIR could be prepared.
Chairwoman Guch concurred with concerns raised by the neighbors; however, the recom-
mended Conditions addressed the concerns with the exception of a Condition on landscaping
for areas where erosion had occurred.
Commissioner Kolstad remained concerned regarding the issues surrounding this subdivision;
he felt that adequate answers had not been provided.
Commissioner Burger stated that the major issues had been identified, namely, drainage and
geologic stability; such were addressed in Exhibit A, under Specific Conditions - Engineering
Department and Specific Conditions - City Geologist.
Chairwoman Guch concurred and added that there were other concerns raised at the Hearing;
Commissioner Burger agreed and suggested a Condition be added to Specific Conditions-Han-
ning Department, 43. to require plantings for erosion control on the road cut and Barrow Hill.
The City Attomey advised that addressing the Mt. Eden Estates Equestrian Trails Easement as
requested by Mr. Brooks, was not within the scope of this Application; he suggested that a
Memorandum be sent to the Parks Commission asking them to review this situation.
BURGER/SIEGFRIED MOVED TO APPROVE' A NEGATIVE DECLARATION. Passed 4-2
Commissioners Harris, Kolstad opposed.
BURGER/SIEGFRIED MOVED APPROVAL OF SD:87-008 PER THE MODEL RESOLU-
TION ADDING A CONDITION TO REQUIRE PLANTINGS FOR EROSION CONTROL
ON THE ROAD CUT AND BARROW HILL. Passed 6-0.
17. V-87-028 Lawrence, 21823 Via Regina, request for variance approval to allow the
expansion of an existing detached garage within the required front yard,
17 ft. from the front propeay line in lieu of 30 ft. required in the NHR
zoning district per Chapter
Planner Caldwell presented the Report to the Planning Commission, May 11, 1988.
PLANNING COMMISSION MEETING Page
MAY 11, 1988
PUBLIC HEARINGS Continued
The Public Hearing was opened at 10:53 P.M.
Mr. Gerard McGee, Representing the Applicant,' called attention to the Northwestern Hillside
Residential Ordinance Section 15.14; site plan accomplished the intent of the Ordinance. He
disagreed with Staff Analysis; Staff Recommendation for garage location was impractical,
would require removal of two pine trees and a substantial walk up the hill to get to the house.
Commissioner Burger reviewed her recollections of the site visit; the location of the existing
garage was quite sheltered on both property lines. There was significant vegetation on-site.
Commissioner Siegfried questioned whether the garage width could be reduced to preserve the
20 ft. setback area; Planner Caldwell stated that the garage width could not be reduced.
Mr. Tom Lawrence, Applicant, reviewed the Application and stated that the proposed location
for the garage addition was the best placement and the most stable part of the site.
BURGER/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:55 P.M.
Passed 6-0.
Commissioner Burger stated that she could make' the necessary Variance Findings as follows:
1, 2: That the lower portion of the site was unstable and there was no flat portion of the site
other than the gravelled area leading to the stables; walking up the hill from the garage to
the house resulted in unnecessary physical hardship.
3, 4: It was common privilege to have the garage relatively close to the house. Consolidation
of the structures and parking area would leave the remainder of the site in open space.
Commissioner Siegfried also cited the geological features, namely slope of the land away from
the garage; in addition, the proposed location of the addition was similar to a side yard area.
BURGER/SIEGFRIED MOVED TO APPROVE V-87-028 PENDING ADOPTION OF THE
RESOLUTION TO BE PLACED LON PUBLIC HEARINGS CONSENT CALENDAR ON
MAY 25, 1988. Passed 6-0.
18. DR-87-028.1 Ralston, 19905 Sunset Dr., .request for modification of a previous design
review approval to allow the construction of a new 5,490 sq. ft.
two-story home on a 1.17 acre parcel in the R-1-40,000 zoning district,
where a 4,850 sq. ft. two story home was previously approved.
Modification of exterior materials and certain architectural features is also
requested per Chapter 15 of the City Code. The existing one-story home
is to be demolished.
Application DR-87-028.1 Continued to May 25, 1988, pending project redesign.
19. DR-88-006 Campbell, 12693 Star Ridge Ct., request for design review approval of a
new 4,691 sq. ft. two-story single family home in the NHR zoning
district per Chapter 15 of the City Cede.
Commissioner Tucker reported on the land use visit.
Planner Caldwell presented the Report to the Planning Commission, May 11, 1988.
The Public Hearing was opened 11:10 P.M. :
Mr. Kurt Anderson stated that concerns of Staff could be mitigated by lowering and moving
the house, leaving the garage intact; revised plans could be presented at a Study Session.
Commissioner Burger was concerned about the height of the west (rear) elevation.
HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 11:14 P.M. Passed 6-0.
Commissioner Harris concurred regarding the west elevation and cited the appearance of bulk.
Commissioner Burger noted the narrowness of the lot and the steep drop off; the appearance
would be of a three story bulky structure. Commissioner Tucker concurred.
PLANNING COMMISSION MEETING Page 'l 0
MAY 11, 1988
PUBLIC HEARINGS Continued
Chairwoman Guch felt the house appeared bully on all sides; she questioned continuing the
Item to a Study Session since lowering the house 3 ft. and installing landscaping would not
reduce the perception of bull. She favored Staff Recommendation.
Mr. Anderson, recognized by the Chair, stated that additional exhibits could be presented.
Commissioner Burger reiterated concerns.
HARRIS/BURGER MOVED TO CONTINUE DR-88-006 TO JUNE 22, 1988, WITH A
STUDY SESSION BEING HELD JUNE 18, 1988.
20. DR-88-005 Hill, 21760 Heber Way, request for design review approval of a new
5,615 sq. ft. two-story residence in the NHR zone district per Chapter 15
of the City Code.
Commissioner Burger reported on the land use visit.
Planner Caldwell presented the Report to the Planning Commission, May 11, 1988.
The Public Hearing was opened at 11:24 P.M.
Mr. R. Hill, Applicant, made himself available for questions.
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 11:26 P.M. Passed 6-0.
BURGER/HARRIS MOVED APPROVAL OF DR-88-005 PER THE MODEL RESOLUTION
Passed 6-0.
21. UP-87-019 Trattoria Restaurant, .14510 Big Basin'Way, request for use permit
Vo87-032 approval of plans to have outdoor dining in connection with a restaurant
in the C-C zone district. In .addition, a parking variance is requested since
the expansion of the serving area will require more parking spaces than
what is currently available within Parkin~g District #4.
Hanner Caldwell presented the Report to the Planning Commission, May 11, 1988.
The Public Hearing was opened at 11:27 P.M.
Mr. Michael Del Monico, Applicant, commented as follows:
- Application for outdoor dining was made per customer request
- Cited the betterment of the Village area and revenues brought into the City by this operation
- If number of seats were of concern, the same number of seats could be removed from the
inside area.while patrons were using the outdoor seating
- A petition was presented
Mr. Del Monico responded to Commissioner Harris, that the parking lot to the rear of the
restaurant was always full; one reason being that customers of other businesses used the lot.
Luncheon hours of operation were defined as 11.:00 A.M. to 4:00 P.M.
Commissioner Tucker questioned how an arrangement as that proposed would be controlled.
Commissioner Burger noted the limited outdoor space available for five tables.
The Trattoria Manager added that there was not much concern about parking during lunch; the
Restaurant was primarily a night time operation.
Mr. John De Monto, Property Owner of an adjacent site, commented as follows:
- Asked that the impacts for the Village as a whole be considered
- Site in question had one building with three restaurants and adjacent tenants ready to open,
all of which could come in for variances
Noted the major problem of trying to police such a situation
Cited the existing major parking problem in the Village
BURGER/SIEGFRIED MOVED TO CLOSE PUBLIC HEARING AT 11:39 P.M. Passed 6-0
Commissioner Siegfried concurred regarding potential impacts if other business owners
requested like variances and questioned how to control of such a permitted use. While
favorable to the success of the Village, the parking problems must be solved first.
PLANNING COMMISSION MEETING Page
MAY 11, 1988
PUBLIC HEARINGS Continued
Commissioner Tucker concurred and noted that she could not make Finding 4.
TUCKER/HARRIS MOVED TO DENY UP-87-019. Passed 6-0.
TUCKER/SIEGFRIED MOVED TO DENY V-87-032. Passed 6-0.
22. DR-88-008 Heindel, 12468 Parker Ranch Ct., request for design review approval of
V-88-004 plans to construct a new 4,725 sq. ft. two-story single family home in the
NHR zoning district per Chapter 15 of the City Code. Variance approval
is required to allow the construction of the home in 33-1/2% slope,
where 30% is the maximum allowed at the building site.
Commissioner Burger reported on the land use visit.
Planner Caldwell presented the Report to the Planning Commission, May 11, 1988.
The Public Hearing was opened at 11:43 P.M.
Mr. Paul Belotti, Architect, commented as follows:
- Goals the Applicants 'wished to achieve in the proposed design was compatibility with the
surrounding older neighborhood and secondly, to take advantage of the site views
: Topography of the site was difficult to develop
Reviewed plans to demonstrate the appropriateness of the siting of the .structure,
relationship to other structures, design elements, landscaping and drainage
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 11:50 P.M. Passed 6-0.
BURGER/HARRIS MOVED TO APPROVE V-88-004. Passed 6-0.
BURGER/HARRIS MOVED APPROVAL OF DR-88-008 PER THE MODEL RESOLU-
TION. Passed 6-0.
MISCELLANEOUS:
1. Approval of Resolution of Appreciation - Janet Harris
Approval of Resolution of Appreciation - Harold Clay
SIEGFRIED/GUCH MOVED APPROVAL OF: RESOLUTION PC-88-001 COMMENDING
JANET HARRIS FOR OUTSTANDING SERVICE TO THE CITY OF SARATOGA AND
RESOLUTION PC-88-002 COMMENDING HAROLD CLAY FOR OUTSTANDING
SERVICE TO THE CITY OF SARATOGA. Passed 6-0.
COMMUNICATIQN$;
Written:
1. Minutes of Heritage Preservation CommiSsion of April 20,1988, - Noted and filed.
2. Committee-of-the-Whole Report, April 19, 1988, - Noted and fried.
Oral by Commission:
Commissioner Burger presented the report on the City Council Meeting of May 4, 1988.
AD.IOURNMENT:
The Meeting of the Planning Commission was adjoumed at 11:55 P.M.
Carol A. Probst-CaugheY/~