HomeMy WebLinkAbout05-23-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: May 23, 1990 - 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue,
Saratoga, CA
TYPE: Regular Meeting
Roll Call: Chairperson Kolstad, Commissioners Burger, Caldwell
Moran, and Siegfried. Commissioners Tappan and Tucker
were absent.
Pledge of Allegiance
Chairperson Kolstad welcomed Commissioner Caldwell to the Planning
Commission°
Approval of Minutes of April 25, 1990:
Planning Director Emslie pointed out that page 6 was missing from
the Minutes and suggested the Commission'hold over approval in
order for Commissioners to be able to review the page.
MORAN/BURGER MOVED TO CONTINUE APPROVAL OF THE MINUTES OF APRIL 25,
1990. Passed 5-0.
Approval of Minutes of May 9, 1990:
Commissioner Moran noted on page 11 the applicant for DR-90-006 is
Davies. Commissioner Moran requested the third paragraph on page
13 be amended to read: "Commissioner Moran stated...and obscure
glass in the bathroom would satisfy the problem at hand."
Commissioner Moran also requested the third paragraph under item 12
on page 14 be amended to read: "The applicant appeared and
explained additional signs are being requested because some tenants
moved out because of lack of signage..."
Commissioner Burger requested the first paragraph on page 13 be
amended to read: "Commissioner Burger expressed concern regarding
the height of the fence and with the fact that the residents are
currently viewing a fence and a home covered in ivy and she views
that as a better situation than' what they would be faced with
later." Commissioner Burger also requested that on page 7 the
paragraph beginning "Discussion ensued wherein staff responded to
Commissioners questions..." be expanded to reflect the questions
and staff response because deliberations on the subject may be
important in the future.
City Attorney Toppel noted on page 8, paragraph 4, Ms. Shipp should
be Ms. "Schurr".
PLANNING COMMISSION MEETING
May 23, 1990 Page 2
BURGER/SIEGFRIED MOVED TO APPROVE THE MINUTES OF MAY 9, 1990 AS
AMENDED. Passed 4-0-1 (Commissioner Caldwell abstained).
ORAL COMMUNICATIONS:
Mr. E. T. Barco addressed the Planning Commission regarding a
clipping from the Saratoga magazine noting Commissioner Caldwell's
appointment to the Planning Commission. He said he was interviewed
on another subject and was asked about Commissioner Caldwell's
appointment. He said the content of the article was a subject
other than her appointment to the Planning Commission. Mr. Barco
also said Planning Director Emslie would read a letter from him
during discussion of item 4 under Director's Items.
REPORT OF POSTING AGENDA:
Pursuant to Government Code 54954.2, the agenda for this meeting
was properly posted on May 18, 19'90.
Technical Corrections to Packet Material:
Planning Director Emslie pointed out that a complete copy of the
ABAG policy framework was distributed to the Commission for its
review.
PUBLIC HEARINGS CONSENT CALENDAR:
1. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design
review approval tO construct a new two-story 4518
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
(cont. to 6/13/90' at the request of applicant).
2. SM-90-003 Fazelli, 12479 Crayside Ln., request for site
modification approval for a swimming pool in the
NHR zone district per Chapter 14 of the City Code.
Site modification approval is required for all
sites within the Beauchamps subdivision (cont. to
6/13/90 at the request of applicant).
3. DR-90-015 Deiwert, 12272 Via Roncoie, request for design
review approval for 644 square-foot second story
addition in the R-l-10,000 zone district per
Chapter 15 of the City Code (cont. to 6/27/90 at
the request of applicant).
PLANNING COMMISSION MEETING
May 23, 1990 Page 3
PUBLIC HEARING CONSENT CALENDAR Continued
4. DR-89-122 Amaral, 12483 Greenmeadow Ln., request for design
review approval to construct an 1195 square-foot
second story addition to an existing single story
residence within the R-l-12,000 zone district
(cont. to 7/11/90 to allow the applicant to submit
revised plans.
5. DR-90-005 Grichuhin, 20171 Cherry Ln., request for a one and
two-story additioh to an existing one-story.single
family residence 'in the R-l-10,000 zone district
per Chapter 15 of the City Code (cont. to 6/13/90
to allow the applicant to submit revised plans).
6. DR-90-010 Yin, 19610 Three Oaks Way, request for design
review approval to construct a 2,086 square-foot
addition to an existing 2,225 square-foot one-
story home in the R-1-40,000 zone district per
Chapter 15 of the City Code (cont. to 6/13/90 at
the request' of the applicant.
7. SM-90-002 Reiman, 12480 Crayside Ln., request for site
modification approval for a swimming pool within
the Beauchamps 'subdivision in the NHR zone
district per Chapter 14 of the City Code. Also
requesting approval for retaining walls in excess
of 3 feet but not more than 5 feet. Both requests
require site modification approval within this
subdivision (cont. from 5/9/90).
BURGER/SIEGFRIED MOVED APPROVAL OF CONSENT CALENDAR ITEM 7. Passed
5-0.
PUBLIC HEARINGS:
8. DR-90-017 Pappanastos, 14375 Cocciardi Ct., request to
construct a 5017 square-foot two-story, single
family residence in the NHR zone district per
Chapter 15 of the City Code.
Planning Director Emslie presented the Report to the Planning
Commission dated May 23, 1990. He indicated, in response to a
question arising from the Land Use Committee's visit yesterday,
that the driveway curve cut is to be located 75 feet north of the
existing curve cut.
Commissioner Moran reported on the land use visit.
PLANNING COMMISSION MEETING
May 23, 1990 Page 4
PUBLIC HEARINGS Continued
The Public Hearing was opened at .7:42 p.m.
Mr. Scott Cunningham, 14375 Saratoga Ave., addressed the Planning
Commission on behalf of the applicant. He said the applicant does
not have any disagreement with the staff conditions or anything
that has been proposed.
SIEGFRIED/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:43 P.M.
Passed 5-0.
SIEGFRIED/BURGER MOVED APPROVAL OF DR-90-017 PER THE STAFF REPORT.
Commissioner Moran requested consideration of the color of the
house. She said she would like the color to be closer to the earth
tones and suggested the applicant meet with staff and plan a color
closer to the earth tone color policy.
SIEGFRIED/BURGER AMENDED THE MOTION TO APPROVE DR-90-017 WITH THE
CONDITION THAT THE APPLICANT WORK WITH STAFF REGARDING THE COLOR
FOR THE HOUSE. Passed 5-0.
9. UP-547.2 Brookside Club, 19127 Cox Ave., review of use of
clubhouse and discussion of operating hours in
relation to the consideration of relaxing
conditions prohibiting alcohol.
Planning Director Emslie reviewed the staff memorandum dated
May 23, 1990. Staff recommended a two-week continuance of this
matter to allow the Club to respond to the concerns voiced at the
study session and the previous hearings regarding compliance with
the use permit conditions. Staff also recommended that once
compliance is attained the alcohol prohibition be eliminated.
The Public Hearing was opened at .7:53 p.m.
Ms. Sharon Torrens, President of the Brookside Swim Club, addressed
the Commission. She commented on her letter dated May 14, 1990 and
stated that the members of Brookside did not wish to attend the
study session for the reasons outlined in the letter. They did not
wish this to be a slight or ignoring of the Planning Commission.
Ms. Torrens questioned the planting required along the fence and
cited a letter the Club received from the Santa Clara Valley Water
District stating that before anything could be planted on the
District's easement the Club would have to get approval of the
District. Planning Director Emslie agreed the District would have
to review the landscaping plan.
PLANNING COMMISSION MEETING
May 23, 1990 Page 5
PUBLIC HEARINGS Continued
Ms. Karin Dowdy, a resident of Brook Lane and a member of the
Brookside Club, addressed the Planning Commission. She said she
believed the owners of the Club have a right to peaceful enjoyment
of their property and have been denied that right by the constant
harassment of the neighbors. She stated the Club is a place for
families with children to find a wholesome, supportive environment
which is safe and secure for children. Ms. Dowdy also stated her
belief that there is a double standard for clubs in Saratoga and
cited another club that is allowed to use alcohol where Brookside
is not.
SIEGFRIED/MORAN MOVED TO CONTINUE UP-547.1 TO JUNE 13, 1990.
Passed 5-0.
10. DR-90-021 Dix, 15404 Madrone Hill Rd., request for a design
V-90-015 review approval to replace an earthquake damaged
home in the NHR zone district, per Chapter 15 of
the City Code. Variance approval is also
requested for reduction of side yard setback for
expansion of existing nonconforming garage.
Planning Director Emslie presented the Report to the Planning
Commission dated May 23, 1990.
Commissioner Moran reported on the land use visit.
The Public Hearing was opened at 8:11 p.m.
The applicant, Mr. Gary Dix, 15404 Madrone Hill Rd., addressed the
Planning Commission. He said he understands the requirements set
by staff. Mr. Dix answered Planning Commissioners' questions
regarding the proposal.
Mr. John DiManto, a neighboring landowner, addressed the Planning
Commission. He recommended approval of the application with the
conditions that a fence be added to screen out a concrete ramp from
the garage level to the basement door and that landscaping be
included. He also expressed concerning the 7 foot setback, which
allows for a variance of 13 feet.
SIEGFRIED/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M.
Passed 5-0.
Commissioner Siegfried agreed with the comments regarding the
fencing and landscaping. He said he did not have a problem with
the variance since the lot is a narrow lot. He suggested
consideration of some reduction in the depth of the garage.
PLANNING COMMISSION MEETING
May 23, 1990 Page 6
PUBLIC HEARINGS Continued
Commissioner Moran said she had more trouble making a finding for
a hobby shop than she would for a garage and felt a 25-foot deep
garage would solve some of the problems raised by the neighbor
about the eave extension. She supported the landscaping and the
fence.
Commissioner Caldwell stated she was initially concerned about the
trees but after reviewing the criteria for granting a tree removal
she said she was sufficiently persuaded by staff's opinion that the
trees may be so damaged in the course of the significant soil work
to be undertaken at the site that it may not be worthwhile to try
to preserve them. She said she had no problem with a 7.5 foot
underfloor area. She indicated she could not make the variance
findings in order to accommodate a hobby area and perhaps a 25-foot
garage would enable her to make the variance findings given. the
topography of the site and the neighbor's concerns. Commissioner
Caldwell agreed with the conditions requested by Mr. DiManto.
Commissioner Burger also agreed with the requested conditions. She
said she would be able to make the variance finding for the garage
per the staff report based on the fact that the property is a very
constricted piece of property in terms of its development
capability. Commissioner Burger requested a condition in the
variance for landscaping behind the garage to soften that effect.
Chairperson Kolstad stated he is in favor of landscaping behind the
garage, the fence and the additional landscaping. He said
secondarily he would be in favor of accepting the garage as is
because if there was ever a new owner, that area might be used for
storage of junk which he would rather see inside that garage than
outside.
Commissioner Moran expressed concern regarding the trees' and
questioned whether there could be a condition for the
horitculturist to look at the trees to see if they could be saved.
Commissioner Burger said she did not question the health of the
trees but would like to see the trees examined to see if they could
survive the amount of work that will have to go on around them.
She stated' the removal of the two trees did not concern her.
SIEGFRIED/BURGER MOVED TO APPROVE V-90-015 PER THE STAFF REPORT.
Passed 3-2 (Commissioners Caldwell and Moran opposed).
SIEGFRIED/BURGER MOVED TO APPROVE DR-90-021 WITH THE CONDITIONS
THAT LANDSCAPING BE ADDED BEHIND THE GARAGE AND A FENCE AND
LANDSCAPING BE INCLUDED ALONG THE PROPERTY LINE ADJACENT TO THE
DI MANTO PROPERTY. Passed 5-0.
PLANNING COMMISSION MEETING
May 23, 1990 Page 7
DIRECTOR'S ITEMS
1. Heritage Preservation Minutes - 4/18/90
2. Committee-of-the-Whole Report - 5/15/90
3. Review of draft Memorandum to City Council re Oddfellows Senior
Alternatives.
Mr. Emslie reviewed the memorandum and stated it was staff's
intention to take Commission comment and direction and modify
the memorandum. If there are significant changes to the
document, staff recommended the Commission appoint a
subcommittee to work on the' language in order to expedite
forwarding the matter to the City Council. He stated it is
staff's intention to forward the item to the City Council for
a public hearing at their June 20 meeting.
Commissioner Siegfried stated he had two concerns regarding the
report. On page 64 in the discussion of neighbors' concerns,
he said it was a good summary of their concerns but sensed a
stronger emphasis on the whole history of the site and the
neighbors' concern that they have always understood that
anything that would be done there would in keeping with the
neighborhood and a stronger emphasis should be placed on that
concern.
Commissioner Siegfried expressed his opinion regarding item 5
that he did not feel there was enough emphasis placed on the
fact that the neighborhood sense and the General Plan indicate
that anything done there needs to be in keeping with what'is in
R-i-40,000.
Planning Director Emslie stated the Senior Coordinating Council
submitted a letter to staff expressing concern with the last
sentence of the report and felt the statement was ambiguous and
did not represent the Planning Commission's direction.
4. Council referral of Proposed Regional Land Use Policy
Framework.
Planning Director Emslie reviewed this item. He read
Mr. Barco's memorandum to the Planning Commission regarding the
policy. Mr. Barco recommended a one- or two-month extension on
the comment deadline and that the Commission hold a study
session on the policy.
PLANNING COMMISSION MEETING
May 23, 1990 Page 8
DIRECTOR'S ITEMS Continued
Planning Director Emslie suggested that he send a letter
indicating the City is interested in commenting on this policy
but will· need further time to submit comments.
A lengthy discussion ensued regarding the policy.
Commissioner Caldwell stated it would be helpful to review this
policy at a study session and: it would also be helpful to have
a draft of the draft. She said she would be happy to work with
staff to prepare a draft.
Discussion of this item was continued to a study session on
June 5, 1990.
COMMISSION ITEMS
COMMUNICATIONS
Written
Oral
ADJOURNMENT
The meeting of the Planning Commission was adjourned at 8:50 p.m.
Respectfully submitted, .-~'
Rebecca Cuffman