HomeMy WebLinkAbout05-25-1988 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: May 25, 1988 - 7:30 P.M.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call: Present: Chairwoman Guch, Commissioners Burger, Harris, Kolstad Absent: Commissioners Siegfried, Tucker
Approval of Minutes: Meeting of May 11, 1988
Commissioner Harris asked that Page 3, last paragraph add to read, "trees on Lots 4 and 5"
On Page 7, seventh paragraph, add a statement that "Mr. Kohler submitted photos showing the
grading which had been done on Lot 4 in conjunction with the Creek Repair Project"
On the same page, ninth paragraph, add to read "on Vaquero Ct."
Page 8, third paragraph add, "and the road which was created for homeowners on the Creek"
On the same page, ninth paragraph, add, "...the existing 'pioneer road'.."
HARRIS/BURGER MOVED APPROVAL OF MINUTES OF MAY 11, 1988, AS AMEND-
ED. Passed 4-0.
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
May 20, 1988.
Technical Corrections to Packet Material:Planner Caldwell noted the following changes:
DR-87-028.1 Revised Model Resolution showing.the addition of a early warning fn'e alarm
Applicants had been informed of the revision and were agreeable to such
DR-88-013 Model Resolution, delete Condition .17; such was not applicable to lot in question
DR-88-020 Address correction to read, 21781 Heber Way
SDR-1590.2 Section 1. Language revised per request of the City Attorney
PUBLIC HEARINGS CONSENT CALENDAR;
1. SD~87-019 Saratoga Partners, 12902 Saratoga-Sunnyvale Rd., request for tentative
subdivision approval for a' 12 lot subdivision of a 2.7 acre parcel to
accommodate 10 townhomes and a common area lot, and a 1.29 acre
retail parcel in the C-N zoning district per Chapters 14 and 15 of the City
Code. A Negative Declaration has been prepared for this project.
Continued to June 8, 1988
2. DR-87-123 Saratoga Partners, 12902 Saratoga-Sunnyvale Rd., request for design
review approval of plans to construct a 4,716 sq. ft. and a 10,275 sq. ft.
retail building on a 1.29 acre parcel in the C-N zoning district per Chapter
15 of the City Code. In addition, design review approval of the proposed
sign program is also requested. Continued to June 8, 1988.
3. UP-87o147 Saratoga Partners, 12902 Saratoga-Sunnyvale Rd., request for use permit
DR-87-124 and design review approvals of plans to construct ten (10) townhouse
units in a C-N (neighborhood commercial) zone district. A Negative
Declaration has been prepared for this project. Continued to June 8, 1988
4. SD-87-017 Modrich, 14261 Springer Ave., request for building site and design re-
DR-87o136 view approvals for a new 3,,155 sq. ft. two-story single family home to
replace an existing one-story single family dwelling in the R-l-10,000
zoning district. Continued to June 22, 1988, at the request of Applicant.
PLANNING COMMISSION MEETING Page 2
MAY 25, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
5. DR-88-003 Saffarian, 21757 Congress'. Hall Ln., request for design review approval
of plans to construct a new 4,908 sq. ft. two-story single family home in
the NHR zoning district per Chapter 15 of the City Code. Continued to
June 22, 1988.
6. DR-87-152 Foley, 18929 Monte Vista Dr., request for design review approval for a
new 4,796 Sq. ft. two-story single family home on a vacant lot in the
R-I-40,000 zoning district per Chapter 15 of the City Code. Continued
to June 8, 1988.
7. 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-l-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.
8. V-87-028 Lawrence, 21823 Via Regina, request for approval of Resolution
V-87-028 for project approved by the Commission on May 22, 1988.
Variance was for an addition to the existing garage.
9. SM-88-012 Hayes, 21130 Ambric Knolls Rd., request for site modification approval
of plans to construct a new driveway to the subject property from
Bankmill Road per Chapters 14 and 15 of the City Code.
10. DR-88-011 Sternberg, 12888 Chiquita. Ct., request for design review approval of
plans to construct a new 5,284 sq. ft. two-story home on a 1 acre lot in
the NHR zone district per Chapter 15 of the City Code.
11. DR-88-013 Ho, 21800 Mt. Eden Rd., request for design review approval of plans to
construct a new 4,991 sq. ft. two-story single family home in the NHR
zoning district per Chapter 15 of the City Code.
12. DR-88-020 Zeid, 21781 Heber Way, request for design review approval of plans to
construct a new 3,549 sq. ft. two-story single family home in the NHR
zoning district per Chapter 15 of the City Code.
13. A-1191.1 Kozlowski, 15493 Monte Vista Dr., request for an extension of time to
SUP-17.1 complete the conditions of previous design review and second unit use
permit approvals allowing the addition of an 800 sq. ft. second story
living unit to an existing 5,699 sq. ft. two-story home on a one acre site
in the R-l-40,000 zoning district per Chapter 15 of the City Code.
14. UP-88-005 Pan Cal, 11966 Beauchamps Ln., request for a use permit to operate a
model home/sales office in the Beauchamps subdivision in the NHR
zoning district per Chapter 15 of the City Code.
15. SDR-1590.2 Liccardo, 20045 Mendelsohn Ln., request for a one-year extension of
time to complete conditions of tentative approval for a three (3) lot
subdivision of a 2.64 acre parcel in the R-l-20,000 zone district per
Chapters 14 and 15 of the City Code.
Chairwoman Guch noted that Public Hearings Consent Calendar Items 1-6 were Continued.
Chairwoman Guch requested removal of Public Hearings Consent Calendar Item 10.
Commissioner Harris requested removal of Public Hearings Consent Calendar Item 15.
BURGER/HARRIS MOVED APPROVAL OF PUBLIC HEARINGS CONSENT CALEN-
DAR ITEMS 7, 8, 9, 11, 12, 13, 14. Passed 4-0.
10. DR-88-011' Sternberg, 12888 Chiquita Ct., request for design review approval of
plans to construct a new 5,284 sq. ft. two-story home on a 1 acre lot in
the NHR zone district per Chapter 15 of the City Code.
PLANNING COMMISSION MEETING Page
MAY 25, 1988
PUBLIC HEARINGS CONSENT CALENDAR Continued
Planning Director Hsia presented the Report to Planning Commission, May 25, 1988.
Commissioner Burger reported on the land use visit.
Chairwoman Guch stated that she removed this Item due to the 2,010 cu. yds. of cut requested;
Planner Caldwell responded that Staff had critic.ally reviewed the amount of grading requested.
The original Application showed an almost equal amount of fill, creating a level building pad
and raising the house. Staff felt that building the house by stepping it up the hill, would be
more appropriate than to elevate the house on the hillside; as such a cut was required. Most of
the grading was in the immediate area of the house with the exception of the 200-300 cu. yds.
required for the swimming pool. ..
The Public Hearing was opened at 7:47 P.M.
Mr. Kenneth Sternberg, Applicant, stated that hi~ designer would be at the Hearing presently.
Consensus reached to set Item aside until the designer was present to answer questions.
15. SDR-1590.2 Liccardo, 20045 Mendelsohn Ln., request for a one-year extension of
time to complete conditions of tentative .approval for a three (3) lot
subdivision of a 2.64 acre parcel in the R-I-20,000 zone district per
Chapters 14 and 15 of the City Code.
Planning Director Hsia presented the Report to the Planning Commission, May 25, 1988.
Commissioner Harris reviewed the Application and noted that she could not make the Findings
when this Item was heard in 1985; she cited concerns regarding the flood plain.
The Public Hearing was opened at 7:47 P.M.
Ms. Jane Farrelly, 20076 Mendelsohn Ln., Saratoga, was opposed for the following reasons:
Property was in a Flood Control District
An existing sewage problem would be intensified
An access road would create problems at the Mendelsohn Ln./Piedmont Rd. intersection
Increased density from large homes on small lots was changing the character of the area
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 7:50 P.M. Passed 4-0.
The City Attorney noted that there had already been Tentative Map approval granted by the
Council; issues raised by the speaker had been previously addressed in considerable detail.
There was nothing that mandated the granting of an automatic extension. He advised the Com-
mission of actions available; however, Conditions could not be added or amended at this time.
BURGER/GUCH MOVED APPROVAL OF RESOLUTION SDR-1590.2 APPROVING
AN EXTENSION OF TIME IN WHICH TO COMPETE REQUIREMENTS OF TENTATIVE
MAP APPROVAL APN 517-21-004. Denied 2-2, Commissioners Harris, Kolstad dissenting.
The City Attorney advised that the Applicant could bring the Application back to the
Commission pending a full Commission or proceed directly with an appeal to the Council.
PUBLIC HEARINGS:
16. GPA-88-03 City of Saratoga, General Plan Amendment to adopt the revised Noise
Element of the General Plan: A Negative Declaration has been prepared
for this Application.
Planning Director Hsia presented the Memorandum of May 25, 1988; he cited the Report
prepared by the City Manager Re: Administration and Enforcement of Noise Standards.
The Public Hearing was opened at 7:55 P.M. There were no speakers.
BURGER/KOLSTAD MOVED TO CLOSE PUBLIC HEARINGS AT 7:55 P.M. Passed 4-0.
Commissioner Kolstad concurred with the Report from the City Manager.
Commissioner Harris stated that the intent of the Commission was to enforce standards.
Chairwoman Guch was favorable to elimination of the category of Light Industrial.
PLANNING COMMISSION MEETING Page 4
MAY 25, 1988
PUBLIC HEARINGS Continued
BURGER/KOLSTAD MOVED TO RECOMMEND APPROVAL OF A NEGATIVE DECLA-
RATION AND GPA-88-03, AN AMENDMENT TO ADOPT THE NOISE ELEMENT
AMENDING ACOUSTICAL STANDARDS: SHOWN IN FIGURE 2 AS FOLLOWS:
ELIMINATE LIGHT INDUSTRIAL AND SETTING STANDARDS AS FOLLOWS:
COMMERCIAL OFFICE, OUTDOOR 65 INDOOR 50; PUBLIC/PARK, OUTDOOR 60
INDOOR 50; RESIDENTIAL OUTDOOR 60 INDOOR 45. Passed 4-0.
The Chair returned to Public Hearings Consent Calendar Item 10, DR-88-011:
Mr. Mark Snow stated that only two sitings existed for the new house; he noted the difficulty
of remaining within the height limitations. Info.n'.nation on the house to the right of the subject
property was provided.
Planner Caldwell confirmed that the City Engineer had reviewed the plans submitted.
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:04 P.M. Passed 4-0.
Commissioner Burger felt that the grading proposed would accomplish a reduction in privacy
impacts to the home on the right; in addition, the proposal moved the house back on the lot.
Commissioner Kolstad stated that after making a site visit, he did not feel that the contour of
the property would be changed by the grading proposed.
HARRIS/BURGER MOVED APPROVAL OF DR-88-011 PER THE MODEL RESOLUTION
Passed, 3-1, Chairwoman Guch dissented, stating that she could not make the Findings.
The Chair returned to Public Hearings.
17. SM-88-017 Dividend Development, :12192 Beauchamps Ln., request for a
modification of a previous design review approval to reposition an
approved home on a 1.4 acre lot in the NHR zone district per Chapter 15
of the City Code.
Commissioner Burger reported on the land use visit.
Planning Director Hsia presented the Report to the Planning Commission, May 25, 1988.
Planner Caldwell called attention to a diagram submitted by the Applicant earlier in the day.
The Public Hearing was opened at 8:10 P.M.
Mr. Jim Carney, Representing the Applicant, presented a diagram showing the shifting of the
house and photographs of the area; he commented as follows: Concurred with Staff Recommendation
Sated that shifting the house would have a negligible impact on adjacent homes
Confirmed that the pad elevation of the house had not changed; house height was 22 ft.
Mr. Charles Hunter, 20415 Meadow Oak, Saratoga, commented as follows: Cited his letter dated May 23, 1988
Shifting the house toward the southeast comer of the lot moved it closer to the rear lot line
Reviewed the history of the Beauchamps Development and siting of the houses
Noted that the lot in question may be a difficult lot to build on; however, the P.G.&E. poles
had existed for a long time; the Applicant was aware of such when the lot was purchased
Shifting the house would negatively impact others
Presented a petition signed by 14 residents opposed to the proposed modification
In response to Commissioner Harris' question, Mr. Hunter reiterated that moving the house to
the south moved it closer to his home; in addition, rotating the house 15% would impact his
view. Leaving the house in its original position and rotating it was more acceptable to him; he
added that assurances given at Public Hearings several years ago did not seem to matter now.
Commissioner Burger confirmed that at the time Of the subdivision approval, assurances were
given that the ridge line would not be interfered With; from the pictures presented such seemed
to be the case. Furthermore, the Eucalyptus grove was scheduled to be removed per the
horticulturist's report.
PLANNING COMMISSION MEETING Page
MAY 25, 1988
PUBLIC HEARINGS Continued
Mr. Kay Madsen, 20834 Meadow Oak Rd., Saratoga, commented as follows: Cited his letter previously sent and photograph submitted
Reiterated concerns regarding view impacts from rotating the house and from the fence
Stated that landscaping had been installed in ,relationship to the previously approved place-
ment of the home
Planner Caldwell stated that the pad elevation was set at 331 at the Tentative Map Approval, not
335; house was 18 ft. in height or 22 ft. if the under floor crawl space were included.
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:33 P.M. Passed 4-0.
Commissioner Harris stated that the height of this house was not her only concern; she cited
impacts to the adjacent property owners. All of the houses were 4 ft. higher than expected due
to the way the Code was worded at the time; now the house was being shifted closer to Mr.
Hunter's property. :
Commissioner Burger commented as follows:
There may have been a discrepancy in measuring height; however, the proposed house was
not excessive in height
240 ft. between homes, separated by a Railroad easement, was more than sufficient
Was not opposed to allowing the house to be Shifted/rotated; impacts would be minimal
Commissioner Kolstad concurred and added that: while shifting the house was significant, such
would not have the same impact if standard rear yard setbacks were used; in addition, the
house would be centered on the lot.
BURGER/KOLSTAD MOVED APPROVAL OF SM-88-017 PER THE MODEL RESOLU-
TION. Passed 3-1, Commissioner Harris dissenting.
18. V-88~007 Zehntner, 20690 Canyon View Dr., request for a variance to allow a 5 ft.
side yard setback for a single story addition to an existing single family
home where a 7 ft. 7 inch setback is required in the R-l-10,000 zone
district per Chapter 15 of the City Code.
Commissioner Burger reported on the land use visit.
Planning Director Hsia presented the Report to the Planning Commission, May 25, 1988.
The Public Hearing was opened at 8:40 P.M.
Ms. Laine Zehntner, Applicant, reiterated comments stated in Staff Report Analysis.
BURGER/HARRIS MOVED TO CLOSE PUBLIC HEARINGS AT 8:43 P.M. Passed 4-0.
BURGER/HARRIS MOVED APPROVAL OF V-88-007 PER THE MODEL RESOLUTION.
Passed 4-0.
19. DR-88-007 Garza, 15231 Norton Rd., request for design review approval of plans to
construct a new 4,251 sq. ft. two-story home with a basement on a 1.09
acre lot in the R-I-40,000 zone district. In addition, a variance is
requested to allow two, 8 and 8-1/2 ft. high crib/retaining walls where 5
ft. high is the maximum per .Chapter 15 of the City Code.
Commissioner Burger reported on the land use vi'sit.
Planning Director Hsia presented the Report to the Planning Commission, May 25, 1988.
The Public Heating was opened 8:46 P.M.
· Mr. Rick Coonley, Civil Engineer, stated that the Staff Report accurately represented the
Applicant's proposal; the challenge of developing this site was the narrowness of the bench and
compliance with the 26 ft. height requirements. He explained the limitations of the site which
required a Variance application to allow installation of crib walls.
Mr. Sam Garza, Applicant, asked that tan be permitted instead of the cocoa color submitted.
PLANNING COMMISSION MEETING Page
MAY 25, 1988
PUBLIC HEARINGS Continued
Mr. Don Rickle, Adjacent Property Owner, requested information on the proposed height;
Mr. Coonley responded that the house was 26 ft~ hight from the 890 ft. contour.
Mr. David Pruitt, San Jose, questioned the 890 ft. contour.
HARRIS/BURGER MOVED TO CLOSE PUBLIC HEARINGS AT 8:52 P.M. Passed 4-0.
Chairwoman Guch noted initial concerns regarding the proposed cut; however, such would
primarily occur in the basement area. The only remaining issue was the use of crib walls.
Commissioner Burger responded that there was no other way to develop the site.
HARRIS/BURGER MOVED APPROVAL OF RESOLUTION V-88-011. Passed 4-0.
HARRIS/BURGER MOVED APPROVAL OF DR-88-007 PER THE MODEL RESOLUTION
AMENDING CONDITIONS TO ALLOW A TAN EXTERIOR COLOR. Passed 4:0.
MISCELLANEOUS:
20. DR-87-126 Dura Style Homes, request for a change in exterior color approved.
Planner Caldwell reviewed the original Application and the request for a minor modification.
Consensus reached to accept Staff Recommendation declaring that the request for change in
exterior color was a minor modification; Application to be brought back to the Commission for
final review on Public Hearings Consent Calendar.
COMMUNICATIONS;
Written:
1. Minutes of Heritage Preservation Commission of May 4,1988, - Noted and filed.
2. Committee-of-the-Whole Report of May 3, 1988, - Noted and filed.
3. Letter from Via Regina Road Association of May 11, 1988, - Noted and filed.
Oral by Commission:
Chairwoman Guch reported on the City Council Meeting of May 18, 1988.
ADJOURNMENT;
The Meeting of the Planning Commission was adjourned at 9:01 P.M.
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