HomeMy WebLinkAbout04-25-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: April 2.~, 1990 - 7:30. p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue,
Saratoga, CA
TYPE: Regular .Meeting
Roll Call: Chairperson Tucker, Commissioners Burger, Kolstad,
Moran, Siegfried and Tappan.
ChairperSon Tucker presented a plaque to.Commissioner Siegfried in
appreciation of his service as Planning Commission Chairman for the
past year.
Pledge of Allegiance
Approval of Minutes of April 11, 1990:
BURGER/KOLSTAD MOVED TO APPROVE THE MINUTES OF APRIL 11, 1990 AS
WRITTEN. Passed 5-0 (Commissioner Siegfried abstained),
Approval. of Minutes of March 28, 1990:
BURGER/SIEGFRIED MOVED TO APPROVE.THE MINUTES OF MARCH 28, 1990 AS
AMENDED. Passed 5-0 (Commissioner Kolstad abstained).
ORAL COMMUNICATIONS:
Mr. Andy Boogard, 12022 Titus Avenue, addressed the Commission
regarding the parking problem at the McAuliffe School. He
circulated photographs showing the traffic problems on Titus Avenue
due~n. to..traffic at.=.-the-~=~=sch0ol~7?.'.r~Chairperson Tucker informed
Mr. Boogard that this issue will be taken up by the Planning
Commission at a later date.
REPORT OF POSTING.AGENDA:
Pursuant tO Government Code 54954.2, the agenda for this Meeting
was properly posted on April 20, 1990.
Technical Corrections to Packet Material: None.
PLANNING COMMISSION MEETING
April 25, 1990 Page 2
PUBLIC' HEARINGS Continued
PUBLIC.HEARINGS CONSENT CAI.RNDAR:
1. DR-90-004 Wu, 12903 Arroyo'de Arguello, request for design
review approval for a two-story addition totaling
2093 square feet to an existing one-story home in
the R-i-40,000 zone district per Chapter 15 of the
City Code.
2. DR-90-002 McMullin, 15160 Sobey Rd., request for design
review approval for a 3926 square-foot two-story
addition to an existing one-story home in the
R-1-40,000 zone district per Chapter 15 of the
City Code (cont. from 4/11/90).
BURGER/KOLSTAD MOVED APPROVAL OF 2CONSENT CALENDAR ITEMS 1 AND 2.
Passed 6-0.
PUBLIC HEARINGS:
3. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design
review approval to construct a 1262 square-foot
first and second' story addition to an existing
one-story home for a total of 3865 square feet in
the R-1-12,500 zone district per Chapter 15 of the
City Code.
Commissioner Burger reported on the land use visit.
Chairperson Tucker noted the receipt of letters from Ralph and
Diane Manriquez, Otto and Bette Crawford, Steve and Karen Cakebread
and Conrad and Ruth Bracklein.
Planning Director Emslie presented the Report to the Planning
Commission dated April 25, 1990.
The Public Hearing was opened at 7:45 p.m.
Mr. Bob Tager, 12361 Saratoga-Sunnyvale Road, represented the
applicant. He circulated photographs of the neighborhood and
explained in detail the applicants' need for the addition to their
home. Mr. Tager addressed various neighbors' concerns regarding
the project. He said the Cakebreads were concerned about privacy,
but there is only a small bathroom window overlooking their home
which will have obscure glass. He indicated the Crawfords have a
legitimate complaint because of. the windows overlooking their
property but those concerns will also be addressed' by using
clerestory or obscure glass. Regarding the letters addressing the
issue of the home blocking the neighbors' view of the hills,
Mr. Tager stated that only two or three homes will be impacted.
PLANNING COMMISSION MEETING
April 25, 1990 Page 3
PUBLIC HEARINGS Continued
Mr. Otto Crawford, 12471 Greenmeadow Lane, addressed the Commission
regarding his opposition to the second story addition. He said he
feels the home invades the privacy of his back yard, is excessively
bulky, would block the view of the hillside for a number of
residents in the area and would set a precedent for other homes in
the neighborhood to become two-story homes.
Mr. Charles Vorst, 12468 Greenmeadow Lane, stated the house
obstructs his view. He indicated his belief that the home is
incompatible with the other homes in the neighborhood. Mr. Vorst
also stated that he was representing the Cakebreads' concerns
regarding the effects of'the proposal on their home.
Mr. Fred Tatar, 20577 Manor Drive, addressed the Planning
Commission regarding his concern that the addition of a second
story will obstruct the view of the hillside and would set a
precedent for other two-story homes in the neighborhood.
Mr. Art Bliss, 12430 Curry Court, urged that this matter be
continued until studies are completed regarding the determination
of the character of existing neighborhoods and the desire of
Saratoga in general.
Mr. Jimmy W. Fox, 245 Pruneridge Avenue, Los Gatos, architect for
the project, said an attempt 'was made to meet the City's
residential design requirements and to follow the initial staff
conditions. He pointed out that. in coming years trees are more
likely to block the view of the hills more than residential
structures~
Mrs. Ruth Bracklein, 12529 Greenmeadow Lane, expressed concern
regarding the impact of the home on the view.
Mr. Tagar addressed the neighbors' concerns. He said the impact of
the home on the view of the hills' is minimal.
In response to a question from 'Commissioner Burger, discussion
ensued regarding the back yard of the applicants' home. Mr. Mario
Boza, 12483 Greenmeadow Lane, further described the back yard.
SIEGFRIED/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:22 P.M.
Passed 6-0.
Commissioner Kolstad stated he read the material in the packet
before he visited the site and was concerned with the views,
privacy, design and the two-story. compatibility. After listening
to the testimony, he said he feels the design is fine and is
compatible with the neighborhood.' Regarding the two-story
PLANNING COMMISSION MEETING
April 25, 1990 Page 4
PUBLIC HEARINGS Continued
compatibility, he cited comments from the City Council on the issue
of two-story additions. CommiSsioner Kolstad stated he walked
around the neighborhood in order to determine what the impacts of
the house would be on the view and felt the impacts were minimal.
He said he would vote for approval of the application.
Commissioner Siegfried said he is not opposed to a two-story
addition but is opposed to a two-story of this style and felt
something could' be done that would be less impactful in terms of
roof line and to reduce square footage as this home adds too much
of a boxy view of a second story.
Commissioner Burger concurred with Commissioner Siegfried's
comments.
Commissioner Tappan also concurred with Commissioner Siegfried's
comments and expressed concern that no time was taken to work out
a compromise with the neighbors. He said he felt this second-story
addition is impactful and would not be able to vote in favor of it.
Commissioner Moran said she would also not be able to support the
application. She stated she is aware of the concerns of the
neighbors and felt this property is a sensitive site in this
neighborhood and that the applicants have other options for
additions other than the one they are now pursuing which would not
involve excessive bulk, mass and impact on the view of the
neighbors.
Chairperson Tucker stated she concurs with the majority of the
Commissioners. She indicated there can be second-story additions
that are not impactful.
BURGER/KOLSTAD MOVED TO CONTINUE DR-89-122 TO MAY 23, 1990 WITH A
STUDY SESSION ON MAY 15. Passed ~-0.
4. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design
V-90-008 review approval to construct a new two-story 4772
square-foot residence per Chapter 15 of the City
Code. The subject property is located within the
R-i-20,000 zone district and is part of Tract 6531
Variance approval is also requested to allow the
structure to exceed the maximum allowable floor
area for this site by approximately 254 square
feet.
Commissioner Moran reported on the land use visit.
Planning Director Emslie presented the Report to the Planning
Commission dated April 25, 1990.
PLANNING COMMISSION MEETING
April 25, 1990 Page 5
PUBLIC HEARINGS Continued
The Public Hearing was opened at 8:40 p.m.
The applicant, Mr. Nino Gallo, was present and described the
proposed house.
SIEGFRIED/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:41 P.M.
Passed 6-0.
Commissioner Siegfried stated he did not see any basis for
exceeding the square footage and felt it could be reduced.
Commissioner Burger said she concurs with Commissioner Siegfried's
comments.
SIEGFRIED/MORAN MOVED TO DENY V-90-008. Passed 6-0.
SIEGFRIED/MORAN MOVED TO CONTINUE DR-89-078 TO MAY 9, 1990. Passed
6-0.
Break 8:45 p.m. - 9:00 p.m.
5. DR-90-005 Palmer, 21761 Heber Way, request for design review
approval for a new two-story, 4452 square-foot
single family dwelling in the NHR zone district
per Chapter 15 of the City Code.
Commissioner Moran reported on the land use visit.
Planning Director Emslie presented the Report to the Planning
Commission dated April 25, 1990.
The Public Hearing was opened at 9:08 p.m.
The applicant, Mr. William Palmer, addressed the Commission and
described the structure.
TAPPAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 9:10 P.M.
Passed 6-0.
In response to a question from Commissioner Burger regarding color,
Mr. Emslie circulated chips of the proposed color. She also said
she would like to see landscaping provided.
Commissioner Tappan commended the applicant and the architect for
the design. He said he felt it was a very pleasing and sensitive
design.
Commissioner Siegfried concurred with Commissioner Tappan's
comments.
PLANNING COMMISSION MEETING
April 25, 1990 Page 6
PUBLIC HEARINGS Continued
Commissioner Kolstad commented that he felt the house goes beyond
the compatibility of the neighborhood but if the rest of the
Commission feels the proposal is acceptable he would vote for
approval. Because it is a predominant site in the neighborhood, he
expressed concern about the colors and stated he would prefer them
to be earth tone as opposed to gray stucco.
BURGER/SIEGFRIED MOVED TO APPROVE DR-90-005 ADDING A CONDITION THAT
LANDSCAPING WILL BE PROVIDED ALONG THE WEST PROPERTY LINE PER THE
ARTIST'S RENDERING AND SHALL BE INSTALLED PRIOR TO FINAL OCCUPANCY.
Passed 6-0.
6. UP-547.2 Brookside Swim Club, 19127 Cox Ave., Planning
Commission review of the Brookside Club's
compliance with the use permit condition that
prohibits the consumption of alcohol on the
premises.
Planning Director Emslie reviewed the staff memorandum dated
April 20, 1990 which explained the background of this issue in
detail.
The Public Hearing was opened at 29:20 p.m.
Ms. Sharon Torrens, President of the Brookside Swim Club, addressed
the Commission. She explained the activities which are held at the
club. She said the club has no intention of changing the character
of the club. Ms. Torrens pointed out the club has never sold, nor
does it intend to sell, alcoholic beverages. She said there have
been discrepancies in the interpretation of the use permit in the
past. The original use permit prohibited the use of alcohol but
that was not carried over in wording in subsequent permits. By
oral agreement with the Planning Commission in the 1970s, it was
ruled that the BOard at Brookside'was allowed to make the judgment
on the use of alcohol. Subsequent to that ruling, other Planning
Commissions have reaffirmed the status of alcohol consistent with
the first permit. Ms. Torrens requested clarification of the use
permit. She stated the issue should be an issue of noise and not
one of alcohol and pointed out that the club has been making an
effort to be sensitive to the.noise created by some of the
activities at the club. She also pointed out that the club must be
able to hold a few reasonable social events in order to promote
membership and to maintain the value of the club for the present
members. On behalf of Brookside, Ms. Torrens requested deletion of
the prohibition of alcohol from the use permit.
Ms. Dee Askew, 12651 Saratoga Creek Drive, addressed the Planning
Commission. She presented a detailed report on the issues which
have arisen between the neighbors.and Brookside Swim Club over the
PLANNING COMMISSION MEETING
April 25, 1990 Page 7
PUBLIC HEARINGS Continued
years. Ms. Askew voiced her opposition to the use of alcohol at
the club. In response to a question from Commissioner Tappan,
Ms. Askew stated that in the past year Brookside has tried to be a
good neighbor and that has been appreciated by the neighbors. She
said she wanted to point out that if liquor is allowed at the club
the neighbors will probably face the same problems that were faced
in the past.
Mrs. Susan Salutric, 12635 Saratoga Creek Drive, read a letter
opposing the use of alcohol at the club from a neighbor who was
unable to attend the meeting.
Mr. Bob Salutric, 12635 Saratoga Creek Drive, addressed the
Commission regarding his opposition to the use of alcohol at the
club. He addressed the issue of safety of children in the area if
alcohol is permitted at the club and the issue of excessive noise.
Mr. Rick Ritter, 12634 Saratoga Creek Drive, addressed the
Commission regarding his opposition to the use of alcohol at the
club and the excessive noise which would ensue if alcohol is served
at the club.
Mr. Jeff Grundy, 19242 Gunther Court, addressed the Commission
regarding the use of alcohol at Brookside and the resulting impacts
to the neighborhood which include crowding, parking and safety of
Children in the area.
Mr. Gene Steiger, 19186 Gunther court, expressed his opposition to
the use of alcohol at the club and the resulting impacts to the
neighborhood.
Commissioner Siegfried requested that Ms. Torrens clarify the
activities at the club. She indicated there are three or four
social events a year that involve the raising of funds for the
tennis committee and kicking off the junior programs. There is a
group of people who play bridge. The tournaments usually involve
a party in the evening, and there is socializing during the
tournaments.
Commissioner Tappan pointed out someone stated that one recruiting
device used for bringing in new membership is that it is important
that it be known alcohol can be consumed on the premises and
questioned whether that was the policy of the club. Ms. Torrens
responded that memberships have never been promoted that way. She
clarified she said it was necessary to haveadult social functions
in order to promote membership.
PLANNING COMMISSION MEETING
April 25, 1990 Page 8
PUBLIC HEARINGS Continued
In response to a question from Ms..Torrens, Mr. Emslie reviewed the
status of the items the club was directed to comply with
previously.
TAPPAN/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 10:03 P.M.
Passed 6-0.
Commissioner Tappan stated he could not foresee a solution to this
problem. He questioned why the neighbors, some of whom have lived
in the area for 30 years, have n~t moved if the situation was so
intolerable. On the other hand, he acknowledged there have been
abuses, and Brookside has made some effort. He said the parties
appear to be at loggerheads and could not envision a solution.
Commissioner Burger said she was unaware that the use permit
included an alcohol prohibition until recently. She pointed out
that since the prohibition was issued 30 years ago the attitude
towards alcohol consumption has changed and people have become
increasingly concerned about alcohol consumption. She stated she
felt the issue before the Commission is noise not alcohol
consumption. Commissioner Burger urged staff to continue
monitoring the conditions which were set on Brookside earlier as
they would go a long way towards resolving the noise issue. She
stated she is in favor of changing the use permit to allow
consumption of alcohol at the club. She also urged an in depth
review of the conditions of the use permit in order for the
conditions of the permit to be clarified.
Commissioner Kolstad stated he felt the neighbors are trying to
have the Plannin'g Commission settle their differences with
Brookside. He agreed with Commissioner Burger on the use of alcohol
and also agreed with the staff report.
Commissioner Siegfried said he is not disturbed by the use.of
alcohol. However, the activities of the club are limited to ending
one hour after sundown but the activities of the clubhouse are not.
He said what should be looked at is what the clubhouse may be used
for in terms of hours and activities. Discussion ensued regarding
the use of the clubhouse.
Chairperson Tucker suggested discussing the issue at a study
session in order for the club to present a report of its activities
and the hours of activities.
Commissioner Tappan stated he had' trouble with the statement that
alcohol does not in some fashion.increase noise levels at social
e~ents. He said he would be in favor of a study session to examine
hours of operation for the clubhouse and appropriate uses for
activities in the clubhouse. He stated the issue comes down to a
PLANNING COMMISSION MEETING
April 25, 1990 Page 9
PUBLIC HEARINGS. Continued
basic good neighbor policy. He again acknowledged that Brookside
has made efforts and the neighbors have legitimate complaints.
Commissioner Tappan requested that at the study session the club
present an outline as to what the Board of Directors considers
appropriate and reasonable use of the clubhouse, appropriate and
reasonable hours of operation for events and what the current uses
of the clubhouse are.
TAPPAN/SIEGFRIED MOVED TO CONTINUE UP-547.2 TO MAY 23, 1990 WITH A
STUDY SESSION ON MAY 15. Passed 6-0.
7. V-90-009 Fara 12385 Parke~ Ranch Rd., request for variance
approval from Ordinance 15-14.110(d) to allow a
detached accessory structure to exceed the maximum
height of 12 ft..allowed by the City Code. The
structure is 18'6" high and is located outside the
required yard.
Planning Director Emslie presented the Report to the Planning
Commission dated April 25, 1990.
The Public Hearing was opened at 10:20 p.m.
SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:20 P.M.
Passed 6-0.
SIEGFRIED/BURGER MOVED TO APPROVE V-90-009. Passed 6-0.
DIRECTOR'S ITEMS
1. Upcoming planning applications and projects
2. Heritage Preservation Minutes - 4/4/90
3. Committee-of-the-Whole Report - 4/17/90
COMMISSION ITEMS
COMMUNICATIONS
Written
1. Letter from Faith M. Schmidt re: Affordable Housing in
Saratoga.
PLANNING COMMISSION MEETING
April 25, 1990 Page 10
PUBLIC' HEARINGS Continued
PLANNING COMMISSION MEETING
April 25, 1990 Page 10
2. Letter from Andrew M. Boogard re: Enlarging parking lot at
Hansen School.
Oral
ADJOURNMENT
The meeting of the Planning CommiSsion was adjourned at 10:25 p.m.
Respectfully submitted,
Rebecca Cuffman