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HomeMy WebLinkAbout10-24-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINIrrES DATE: October 24, 1990 - 7:.30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, Kolstad, Moran, and Tappan. Chairperson Tucker announced the resignation of Mr. Dick Siegfried from the Planning Commission. Pledge of Allegiance Approval of Minutes of September 26, 1990: Commissioner Caldwell noted that on page 10 under City Attorney Toppel's review of item 8 there' was a discussion between Commissioner Caldwell and Mr. Toppel regarding the re-zoning provision and requested that discussion be referenced in the minutes. She also noted in the first paragraph on page 11 a discussion was held regarding the annexation of Saratoga Country Club and requested that be noted in that paragraph. CALDWELL/BURGER MOVED TO APPROVE THE MINUTES OF SEPTEMBER 26, 1990 AS AMENDED. Passed 6-0. Approval of Minutes of October 2, 1990: Commissioner Caldwell noted that on page 4 in the paragraph before the motion for continuance she stated her agreement with Chairperson Tucker's comments regarding a one-story addition and requested that be included. CALDWELL/BURGER MOVED TO APPROVE THE MINUTES OF OCTOBER 2, 1990 AS AMENDED. Passed 6-0. Approval of MinUtes Of october 10, ~990: commissioner Caldwell noted the omission of the word "said" from the first line of the second to last paragraph on page 3 ("Commissioner Kolstad said he would be in favor...") She also requested that the second to the last paragraph on page 9 be amended to read: "In response...there was COmmission consensus that the Commission was not agreeable to permitting Use of these antennae on school si~es." Commissioner Caldwell noted that on page 11 Carol Mackel should be Machol. In the third to the last PLANNING COMMISSION MEETING October 24, 1990 Page 2 APPROVAL OF MINUTES Continued paragraph on page 11 the last phrase should be deleted. On page 12 under item 12 she requested that reference be made to the discussion about depth criterion.for pools. On page 13 after the first full paragraph Commissioner Caldwell requested that reference be made to the fact that she has not received Council minutes since she joined the Commission. Commissioner Moran requested that in the third to the last paragraph in the sixth line from the bottom on page 13 that it be clear that Commissioner Burger was saying that the speaker felt the Commission was not looking at same criteria as the Council. CALDWELL/BURGER MOVED TO APPROVE THE MINUTES OF OCTOBER 10, 1990 AS AMENDED. Passed 6-0. ORAL COMMUNICATIONS: Ms. Nancy McCarrigan requested that item 7 be pulled from the Consent Calendar and asked procedural questions about what constitutes a public hearing. Her questions were answered by Planning Director Emslie. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 19, 1990. Technical Corrections to Packet Material: None. Chairperson Tucker noted that the following Public Hearing items would not be heard by the Commission at this meeting: 12. DR-90-033 Leposavic, 15134 Sperry Lane, request for V-90-019 design review to construct a new 7,309 sq. ft. single family dwelling on a 1.35 acre parcel and a request for variance to exceed the allowable floor area in the R-i-40,000 zone district per Chapter 15 Of the City Code. This item was continued to December 12 at the request of the applicant. The following two items were withdrawn: PLANNING COMMISSION MEETING October 24, 1990 Page 3 15. SM-90-005 Blum, 14598 Deer Spring Court, request for site modification approval to allow a graded pad for a grass tennis court on a 3.1 acre parcel within the NHR zone districtper Chapter 15 of the City Code. 17. DR-89-023.1 Riding, 21836 Villa Oaks Ln., request for site modification approval of plans to place 1,780 cu. yds. of fill onto a 1.02 acre parcel to create a level yard area located in the NHR zone district per Chapter 15 of the City Code. PUBLIC HEARINGS CONSENT CALENDAR: 1. DR-90-060 Riggins, 14775 Fruitvale Ave., request to construct a 1,128 sq. ft. second story addition and 1,624 sq. ft. of additional first floor area to an existing. 3,086 sq. ft. single family residence on a 1.09 acre parcel in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. to 11/14/90). 2. DR-90-057 Gault, 22068 Villa Oaks Ln., request for design review approval to construct a 5,963 sq. ft. two- story single family residence on a 1.4 acre site in the NHR zone district per Chapter 15 of the City Code (cont.' to 11/14/90 at the request of applicant). 3. DR-90-046 Oh, 18693 Martha Ave., request to construct a 564 sq. ft. of additional first floor area to an existing 1,975 sq. ft. single family residence on a 10,270 sq. ft. lot in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. from 10/10/90). SD-90-008 Ebner, 13741 & 13755 Saratoga Ave., resolution V-90-028 approving request for tentative map to subdivide a 17,894 sq. ft. parcel with a 7,137 sq. ft. and 10,757 sq. ft. parcel within the R-i-20,000 zone district per Chapter 14 of the City Code. Resolution approving variance to allow the subdivision of an existing substandard lot and to create two (2) smaller parcels per Chapter 15 of the City Code (cont. from 10/10/90 to public notice CEQA Negative Declaration). PLANNING COMMISSION MEETING October 24, 1990 Page 4 PUBLIC HEARINGS CONSENT CALENDAR Continued 5. DR-89-111 Bilkey, 22126 Villa Oaks Ln., request for design review approval to construct a new 5,706 sq. ft. two-story residence in the Mt. Eden Estates subdivision on a 1.6 acre parcel and within the NHR zone district per Chapter 15 of the City Code .(cont. from 10/10/90). 6. DR-90-062 Scudellari, 20777 Pamela Way, request for design review approval to add 247 sq. ft. to the first floor of an existing 1,965 sq. ft. single story home and add a new second story totaling 789 sq. ft. to the residence situated on an 8,750 lot in the R-l-10,000 zone district per Chapter 15 of the City Code. 7. DR-90-048 Rinaldo, 14071 Saratoga-'Sunnyvale Rd., request for design review approval to demolish an existing one-story home and construct a new 4,087 sq. ft. two-story structure on a 16,346 sq. ft. parcel within the R-l-10,000 zone district per Chapter 15 of the City Code (cont. from 9/12/90). Chairperson Tucker requested that item 4 be removed. Commissioner Caldwell requested that item 5 be removed. A member of the audience requested that item 6 be removed. A member of the audience requested that item 7 be removed. MORAN/TAPPAN MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 3. Passed 6-0. 4. SD-90-008 Ebner, 13441 & 13755 Saratoga Ave., resolution V-90-028 approving request for tentative map to subdivide a 17,894 sq. ft. parcel with a 7,137 sq. ft. and 10,757 sq. ft. parcel within the R-i-20,000 zone district per Chapter 14 of the City Code. Resolution approving variance to allow the subdivision of an existing substandard lot and to create two (2) smaller parcels per Chapter 15 of the City Code (cont. from 10/10/90 to public notice CEQA Negative Declaration). Chairperson Tucker requested that this item be removed because of her concerns about the proposal. She said she would have to reverse her vote on the item and vote for denial because she believed it would be granting of a special privilege. PLANNING COMMISSION MEETING October 24, 1990 Page 5 PUBLIC HEARING CONSENT CALENDAR :Continued Commissioner Moran stated she, too, had concerns regarding her vote on the item and about the issue. 'She said she revisited the site, reviewed the Staff Report and the minutes and felt it would not be good variance policy to grant the variance. She did not believe there are extraordinary physical circumstances and, after reviewing the Commission's decision, felt her concerns about the property were not resolved. She was not able to find that it does not constitute a grant of a special privilege to the applicant and indicated she would not be favoring the resolution. Commissioner Caldwell said she also revisited the site, reviewed the draft resolution and also reviewed other resolutions that deal with variances that have addressed similar issues. She stated she also had major reservations about the direction given to staff. She also indicated she would reverse her vote as well because she felt it would be granting a special privilege, the circumstances do not deal with the physical features of the site and she could not make the variance findings. Planning Director Emslie reviewed the background of this item. Commissioner Burger stated she wished to understand why three members of the Commission have reversed their votes since the last meeting on this subject. She said she was not aware of any change in the land or the basis on which'the Commission made its decision and would like to more fully understand why the Commissioners now have grave concerns. Commissioner Tappan agreed with Commissioner Burger's comments, pointed out that the vote on the item was unanimous and requested further explanation from the other Commissioners. Chairperson Tucker said she was initially concerned that the Commission would be setting a precedent and would be granting a special privilege to the applicant. She was persuaded at the time that this was a unique circumstance, but after further reflection she could not see it was a unique circumstance and felt it would open the City up to a lot of second units coming forward. She realized the argument at the time was that these two dwellings face a street and cited the possibility of a flag lot configuration. She believed that the applicant knew when he purchased the property that he was purchasing one lot with two dwellings on it. Commissioner Moran stated her major problem was that did not feel there are physical circumstances that would support the variance requested. PLANNING COMMISSION MEETING October 24, 1990 Page 6 PUBLIC HEARINGS CONSENT CALENDAR. Continued Commissioner Caldwell indicated that what led her'to move in the other direction was that she had serious reservations when discussing this item and felt that the Commission may have been stretching it to go in the direction it went. After she reviewed the variance provision and variance findings, she could not find a special physical circumstance associated with the property. Chairperson Tucker added that the Commission was willing to grant this with a special condition that the house could not ever be enlarged by the square footage, but she feit that the Commission would be denying the person that buys that house what is given to other people that have substandard lots. She felt it would be a favor to the applicant per se and a detriment to the person who purchased the property and did not feel it was a good precedent. Mr.. Gene Zambetti addressed the Commission on behalf of the applicant. He expressed concern because as of October 2 the applicant had approval for the variance. He requested the opportunity to discuss the item and the issues further in order to show that it is not a special privilege, that it is an unusual circumstance and it would be a special privilege if there were not two houses already there. He noted that there are different properties along the street that have enjoyed the privilege of having smaller lots. During Commission discussion of whether to continue this item to a study session, Commissioner Caldwell indicated she would like to review this case in particular along with the view toward what the Commission perceives might be a problem facing other properties in the future. Commissioner Tappan noted that this is a peculiar area of the City. It is one of the oldest areas established years ago when lot lines were not drawn very evenly. MORAN/TAPPAN MOVED TO CONTINUE SD-90-008 AND V-90-028 TO NOVEMBER 14, 1990 WITH A STUDY SESSION ON NOVEMBER 6. Passed 6-0. 5. DR-89-111 Bilkey, 22126 Villa Oaks Ln., request for design review approval to construct a new 5,706 sq. ft. two-story residence in the Mt. Eden Estates subdivision on a 1.6 acre parcel and within the NHR zone district per Chapter 15 of the City Code (cont. from 10/10/90). Commissioner Caldwell requested removal of this item. She commended the applicant for reducing the height of the'home to 22 PLANNING COMMISSION MEETING October 24, 1990 Page 7 PUBLIC HEARING CONSENT CALENDAR .Continued feet. She suggested, however, that natural wood materials be used on the exterior of the home. Planner Walgren reviewed the Staff Memorandum dated October 24, 1990. The public hearing was opened at '8:00 p.m. Mr. Mike Davis appeared on behalf of the applicant. He said that the applicant was unable to work out a floor plan for a single- story home on the lot due to the building site that was approved, the setbacks and the scenic easement. The applicant found they could not put a fourth bedroom on the lower floor and still have enough room for a pool and patio area. They were able to get a two-story within the 22-foot height restriction. BURGER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:06 P.M. Passed 6-0. Commissioner Burger stated her only concern was regarding the material. She did not feel that wood siding was appropriate on a Mediterranean-style home but felt'the color of the stucco could be darker. Commissioner Caldwell said she could not approve the suggested colors because they are too light. BURGER/CALDWELL MOVED TO APPROVE DR-89-111 PER THE STAFF REPORT WITH A CONDITION THAT THE STUCCO TONE OF THE HOUSE BE DARKER AND THAT THE COLORS BE APPROVED AT THE STAFF LEVEL. Passed 6-0. 6. DR-90-062 Scudellari, 20777 Pamela Way, request for design review approval to add 247 sq. ft. to the first floor of an existing 1,965 sq. ft. single story home and add a new second story totaling 789 sq. ft. to the residence situated on an 8,750 lot in the R-1-10,000 zone district per Chapter 15 of the City Code. This item was pulled at the request of a member of the audience. Planner Walgren presented the Report to the Planning Commission dated October 24, 1990. The Public Hearing was opened at 8:08 p.m. The applicant was present and requested .that the neighbors present their concerns. PLANNING COMMISSION MEETING October 24, 1990 Page 8 PUBLIC HEARINGS CONSENT CALENDAR Continued Ms. Helen Blair, 20761 Pamela Way, addressed the Commission. She said she was not objecting to the second-story addition but expressed concern regarding a pine tree which she termed a "disaster". She stated the roots are on her property, raised the land approximately five inches, and expressed concern they would grow into the foundation of her home. Ms. Blair indicated she spoke with the applicant, who had no objection to removing the tree. She questioned whether she has any recourse regarding the tree. Mr. Emslie responded that the Commission has authority to include removal of trees in its approval of additions. Staff had recommended that the tree be retained with some trimming. City Attorney Toppel stated the Ms. Blair has the right to trim the roots if they are on her property. He indicated that if the tree is affecting the ability to develop the property with respect to the improvement that would be a basis to allow removal of the tree. As to whether the trimming of branches or cutting of roots would affect the health of the tree, he could not answer that. However, he stated that if the tree is on the neighbor's property and is causing or threatening to cause damage to her house she had the right to cut the roots as they grow on her property which may result in destroying of the tree. If that is the case, there may be grounds for application for a tree removal permit independent of the development application. Mr. Rick Scudellari, 20777 Pamela Way, stated if the tree is causing problems he would have no objection to its removal. BURGER/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 8:18 P.M. Passed 6-0. BURGER/MORAN MOVED TO APPROVE DR-90-062 PER THE STAFF REPORT LEAVING THE ISSUE OF TREE REMOVAL TO THE APPLICANT AND THE NEIGHBOR. Passed 6-0. 7. DR-90-048 Rinaldo, 14071 Saratoga-Sunnyvale Rd., request for design review approval to demolish an existing one-story home and construct a new 4,087 sq. ft. two-story structure on a 16,346 sq. ft. parcel within the R-i-10~000 zone district per Chapter 15 of the City Code (cont. from 9/12/90). This item was removed at the request of a member of the audience. Planner Walgren reviewed the Staff Memorandum dated October 24, 1990. PLANNING COMMISSION MEETING October 24, 1990 Page 9 PUBLIC HEARINGS CONSENT CALENDAR Continued The public hearing was opened at 8:16 p.m. The appliqant was present and requested that the neighbors present their concerns. Ms. Nancy McCarrigan addressed the Commission. She said she had not spoken regarding this item sooner because she was not able to attend previous meetings. She stated she had not spoken with all of her neighbors but those she spoke with have stated preference for a single-story home. She requested that the Commission give strong consideration to that fact. She also stated the neighborhood is a neighborhood of small ranch-style houses and requested that the Commission take into account the height of the structures currently in the neighborhood. Mr. McCrea, 20679 Reed Lane, addressed the Commission regarding his agreement with Ms. McCarrigan's comments and his opposition to a two-story structure in that area. The applicant addressed the Commission. He pointed out that the house was originally designed as a Mediterranean-style home with setbacks and structured in such a way that the second story of the home began approximately 16 feet from Saratoga-Sunnyvale Road. He stated that, consistent with the impressions he got for recommendations from the study session, he changed the colors and the texture of the home. The stucco was changed to wood materials and the roof was changed from tile to shake. He said he worked with staff input to minimize appearance of bulkiness. BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 P.M. Passed 6-0. Commissioner Caldwell reiterated her concerns raised at the initial public hearing and the study session. She did not feel that this home as designed, even with the changes, is consistent with the other homes in the neighborhood. She said she believed that the applicant can and should design a one-story alternative to the home. She noted that the further the applicant pushes the home back off of Saratoga-Sunnyvale Road the closer the two-story element moves toward the one-story neighborhood that the neighbors discussed earlier in the meeting. She felt that the home as designed is still too bulky and too massive. Commissioner Kolstad said he felt the home is beautiful but is not compatible with the area. Commissioner Burger stated she was not 100% opposed to a two-story home on this site because there are a few two-story homes in close PLANNING COMMISSION 'MEETING October 24, 1990 Page 10 PUBLIC HEARINGS CONSENT CALENDAR Continued proximity. She felt, however, that the home could be designed more sensitively with a smaller second story portion to the home and a design more reflective of the old Saratoga. She said she would not be voting for the proposal. BURGER/KOLSTAD MOVED TO DENY DR-90-048 WITHOUT PREJUDICE. Passed 6-0. PUBLIC HEARINGS: 8. UP-88-010 Cupertino Union · School District/Primary Plus, 12211 Titus Ave. ,' review of Primary Plus preschool use permit by the Planning Commission to ensure compliance with all City requirements. The review is required at 4-month intervals for the school's first year of operation (cont. from 9/26/90). Planning Director Emslie reviewed the Staff Memorandum dated October 19, 1990. The public hearing was opened at 8:29 p.m. Ms. Carol Freitas, Primary Plus, addressed the Commission. She did · not believe there was any real parking problem at the site and requested to hear comments from any neighbors present. There were no neighbors present who wished to address the Commission. Ms. Sonya Schurr, Cupertino Union School District, stated a landscaping plan was worked out, but it would be three to four months before landscaping could be installed because of the lack of water. In response to a question from Commissioner Kolstad, Ms. Schurr responded that the lights in the parking lot were adjusted downward. She contacted the neighbors and requested they contact her if there was still problems existing. She had not heard' from the neighbors. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:39 P.M. Passed 6-0. Commissioner Kolstad suggested that it might be better to try to review the permit at the end of. June rather than in another 12 months. PLANNING COMMISSION MEETING October 24, 1990 Page 11 PUBLIC HEARINGS Continued Commissioner Moran agreed with Commissioner Kolstad. S~he suggested, however, that there be a review in four months unless there is a staff report indicating the landscaping has been completed. Commissioner Caldwell stated she visited the school and observed cars turning into and leaving the school at a rate of about 15 cars per minute. She did not observe any parking difficulties at all. She expressed concern that the cars were exceeding the 25 mile per hour speed limit which contributes to an unsafe condition. She suggested that some direction be given from the City to the Sheriff's Department to make some attempt to patrol that area during the critical hours. Commissioner Burger agreed with the comments of the other Commissioners. BURGER/CALDWELL MOVED TO APPROVE UP-88-010 PER THE STAFF REPORT ADDING A CONDITION THAT THE COMMISSION WILL REVIEW THE USE PERMIT AT THE END OF JUNE 1991 PROVIDED THAT THE LANDSCAPING IS COMPLETED WITHIN FOUR MONTHS. Passed 6-0. 9. DR-90-058 Hodges, 19875 Park Dr., request for design review approval to construct a new one-story 4~750 sq. ft. single family dwelling on a 24,170 sq. ft. parcel in the R-i-20,000 zone district per Chapter 15 of the City Code. Planner Walgren reviewed the staff memorandum dated October 24, 1990. The public hearing was opened at 8:42 p.m. The architect for the applicant addressed the Commission. He said the conditions suggested appear to be satisfactory to the neighbors. TAPPAN/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 8:47 P.M. In response to a question from Commissioner Moran, a discussion and review of the plans ensued regarding the roof extension. BURGER/KOLSTAD MOVED TO APPROVE DR-90-058 PER THE STAFF REPORT. Passed 6-0. PLANNING COMMISSION MEETING October 24, 1990 Page 12 PUBLIC HEARINGS Continued 10. DR-90-055 Handa, 20315 Calle Montalvo, request for design review approval to construct a 620 sq. ft. two- story addition to an existing 3,453 sq. ft. one- story residence on a 20,426 sq. ft. parcel within the R-1-20,000 zone district per Chapter 15 of the City Code (cont. from 10/2/90). Planner Walgren reviewed the staff memorandum dated October 24, 1990. The public hearing was opened at '8:55 p.m. Mr. James .DeYoung addressed the Commission on behalf of the applicant. He stated that the .applicant was not available to attend the meeting due to illness. He said the applicant requested the item be .continued to a study session so that he could be present. Mr. Ernest Ornellas, 14720 Cody Lane, addressed the Commission and restated the comments in his letter of September 26 regarding his opposition to the second-story addition. Mr. Ornellas read a letter from a neighbor residing at 14710 Cody Lane in opposition to the proposal. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:05 P.M. Passed 6-0. MORAN/KOLSTAD MOVED TO CONTINUE DR-90-055 TO NOVEMBER 14, 1990 WITH A STUDY SESSION ON NOVEMBER 6. Passed 6-0. Regarding Item 11, Chairperson Tucker noted that the Commission would not be making any decisions on the item tonight. The purpose of this public hearing is to get the issues of concern to all parties on the table. She stated there would then be two study sessions then another public hearing will be held. Break 9:10 p.m. - 9:25 p.m. 11. UP-469 Villa Montalvo, 15400 Montalvo Rd., review of proposal for Villa Montalvo operations for the 1991 concert season and review of existing use permit, UP-469, per Chapter 15 of the City Code. Planning Director Emslie reviewed the staff memorandum dated October 24, 1990. PLANNING CO~ISSION MEETING October 24, 1990 Page 13 PUBLIC HE~INGS Continued City Attorney Toppel commented on what he considers to be the legal status of Montalvo. He said that in his opinion the legal status of Montalvo is that it was legally created, it can be terminated and that the current program represents an intensification of its original use. The public hearing was opened at 9:45 p.m. Mr. Lon Allan, President of the Board of Trustees of the Montalvo Association, addressed the Commission. He introduced the other speakers who would be speaking on behalf of the Association and presented a detailed history of Villa Montalvo. He also reviewed the recoMendations suggested by the Association to attempt to alleviate the neighbors' concerns. Ms. Sally Lucas, a Member of the Board of Trustees of the Montalvo Association, addressed the Commission on behalf of the Association. Mr. Michael Fox, a Trustee of the Montalvo Association, addressed the Commission on behalf of the Association. Mr. Leigh Weimers, a Trustee of the Montalvo Association, addressed the Commission on behalf of the Association. Mr. Craig Palmer, Co-Chair of the Arts Council of Santa Clara County's Co~unity in Arts Planning, addressed the Commission regarding Montalvo's contribution to the cultural community in Santa Clara County. 'Ms. Patricia Holihan Steinhardt, Executive Director of the Arts Council of Santa Clara County, addressed the Co~ission regarding the Arts Council's support for Montalvo. Mr. Allen Geggatt, 15461 Madrone Hill Road, addressed the Commission. He made note of a letter he sent to the Commission and provided a signature sheet incorporating the signatures of a majority of the residents in the impacted area. He pointed out that all of the residents agree that Montalvo is a community resource and agree that it should be preserved in some form. He suggested that if Montalvo is to be allowed to continue its present commercial operations it must be required to meet all tests required of any candidate proposing to change-the use of its property, including an environmental impact study addressing the issues of noise, traffic and fire safety. Mr. John DelMar, 15221 Piedmont Road, addressed the Commission. He presented a history of the neighbors' concerns to Montalvo's suMer series. PLANNING COMMISSION MEETING October 24, 1990 Page 14 PUBLIC HEARINGS Continued Mr. Greg Smith, 15472 Madrone Hill Road, addressed the Commission. He distributed data he prepared regarding the frequency and intensity of use of Mo.ntalvo. In response to a question from Commissioner Tappan, Mr. Smith stated he suggested a rollback to 1987 use. He suggested that the issue seems to be the musical events and felt there are other ways of attracting funds to the arts besides having loud musical events. Ms. Miller, 20560 Montalvo Lane, addressed the Commission. She said she is in support of Montalvo and has been a member of the Montalvo Association. She spoke on behalf of the Artist in Residence program and questioned whether the artists could work with the concerts and traffic. A representative of the Saratoga Chamber of Commerce addressed the Commission and pointed out the benefits to the City of the Montalvo series. Mr. Phipps of Norton Road addressed the Commission. He said he has no doubt that there is an imposition on the neighbors regarding noise and traffic. He felt the City must take a stand regarding the intensity of use and the noiseshould be monitored by the City. Commissioner Burger stated that the intensity of use issue seems to be the major issue. She said she is not prepared this evening to make any comments regarding what she thinks the intensity of use should be because she did not as yet know enough to make such comments and felt she needed further thought and study to be able to adequately address the issue. She suggested more information' may be needed regarding the dollar figures even though it is unusual for the Commission t9 pay much attention to the financial end of an issue. She felt that perhaps further study was needed on traffic and was particularly interested in problems that traffic could create relative to the response of the Fire Department or police. Commissioner Moran agreed that Montalvo is an asset in the community. She said her first thought was that deintensification of use or some sort of mitigation to the problems the neighbors are experiencing should be considered. She suggested a closer look at the program to try to find out where the problems are. She suggested the possibility of use of buses to the facility. Commissioner Tappan suggested that selection of program may be an issue. PLANNING COMMISSION MEETING October 24, 1990 Page 15 PUBLIC HEARINGS Continued Commissioner Kolstad stated he did not have any answers yet but would like to see a study session with key individuals in order to hear what might be reasonable. Chairperson Tucker said that for the study session she would like to see a calendar of events for the past year including the dates, times and how many people attended. Commissioner Caldwell stated she.would defer to the City Attorney with respect to the resolution of the'jurisdictional and use permit issues. She felt it was critical that staff, Montalvo and the neighbors work together. to identify the specific problem areas with respect to characterization of specific uses. She said that, in consideration of Montalvo's financial reality, any rollback in use would have to be sensitively imposed. She felt the use of mass transit was a move in the right direction since she was concerned about additional parking at Montalvo. Commissioner Caldwell requested that Montalvo submit data for the years since 1986 itemizing the number of concerts and private parties. Commissioner Kolstad suggested the list be put in the order of events that were totally unacceptable to totally acceptable because he felt that it was not frequency of use as much as intensity. Commissioner Burger requested that the neighbor who pointed out that there are other ways of supporting the arts other than concerts should address the study session with his ideas. Commissioner Tappan said he would like to know where Montalvo is with respect to restoring the earthquake-damaged buildings. Chairperson Tucker. suggested the Commission schedule a land use visit of Montalvo and also visit'the neighbors who are impacted. BURGER/MORAN MOVED TO CONTINUE' UP-469 TO A STUDY SESSION ON NOVEMBER 8, 1990. Passed 6-0. 13. V-90-027 Barr, 19365 Allendale Ave., request for variance approval to allow an existing satellite dish antenna to be 2located 3 feet from the rear property.line where 25 feet is required and which exceeds the allowable height limitation by 2 feet in the R-i-40,000 zone district per Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. PLANNING COMMISSION MEETING October 24, 1990 Page 16 PUBLIC HEARINGS Continued Planner Walgren presented the Report to the Planning Commission dated October 24, 1990. The Public Hearing was opened at 10:56 p.m. Mr. Joseph Barr, 19365 Allendale. Ave., addressed the Commission. He said two independent site surveys were made and the result of both was the same location where the dish is now located was suggested. He also said it was his intention to have landscaping installed, a painted dish instead of the silver dish and was willing to exchange his satellite dish for a ten-foot dish. Mr. Barr circulated photographs' of other satellite dishes in Saratoga which do not appear to meet the Code. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:19 P.M. Passed 6-0. In response to a question from Commissioner Tappan regarding the other nonconforming satellite dishes, Mr. Toppel stated the City has always dealt with enforcement in response to complaints and he did not know to what extent the Community Service Officers are acting proactively in these cases. He stated the ordinance was adopted some.time ago. Commissioner Burger stated the setbacks exist specifically so the privacy of neighbors is not interfered with. She said it is her opinion in this case that where the satellite dish is presented located is the place on the lot where it does not interfere with the neighbors at all. The location meets the intent of all of the restrictions. She would like to see the dish remain where it is, replaced for a ten-foot dish painted black and landscaping installed. .Mr. Toppel commented that if the Commission is inclined to grant the variance one of the findings that can be made to support it is the issue of reception. Commissioner Caldwell stated she did not feel there was a viable alternative location for the satellite dish and was agreeable to the suggestions made by Commissioner Burger. TAPPAN/BURGER MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION FOR THE APPROVAL OF V-90-027 WITH CONDITIONS FOR ADDITIONAL LANDSCAPING ALONG THE BACK AND THE SIDE AS SUGGESTED BY THE APPLICANT, THE LOWERING OF THE HEIGHT OF THE DISH TO TEN FEET AND A CONDITION THAT THE ANTENNA'WILL BE BLACK IN COLOR. PLANNING COMMISSION MEETING October 24, 1990 Page 17 PUBLIC HEARINGS Continued Commissioner Caldwell stated that something that might assist staff in developing findings is the issue of topography of the property in the fact that the east side alternate location would place any dish in a location that would be almost wholly visible to all the neighbors on that side. CommiSsioner Moran said she had a problem in that there are a lot of satellite dishes in Saratoga and there is a cable company which seems to have very little interest in extending its services in the community. She stated she was inclined not to support the variance because she felt others may argue that they have installed their satellite dishes in the best places and they cannot get as good reception elsewhere. The Commission would also be faced with a staff report listing all the variances granted. She said if the Commission is inclined to grant the variance, she would like to see Mr. Toppel's point included. In response to a question from Commissioner Tappan regarding Mr. Toppel's comment that the Commission can make findings based on reception, Mr. Toppel responded that the finding is a variation of considerations normally given on variance applications dealing with topography and shape of the site. In this case, however, it is related to issues of reception but it still goes to topography and how the site is configured and the physical circumstances of the property. He said the record should show the Commission is taking the FCC preemption into account and that may limit the circumstances under which other Cases may be decided. Mr. Toppel also indicated that a precedent has been established requiring an applicant to pay for an independent study by a qualified engineer so the applicant's word will not have to be accepted on the best location for reasonable reception. The motion passed on a 5-1 vote (Commissioner Moran opposed). Commissioner Moran said she voted no even though she did not strongly disagree. Commissioner Kolstad stepped down during. discussion of the following item. 14. V-90-026 Kolstad, 13600 Westover Dr., request for variance approval to allow a one-story garage addition to encroach 10 ft.' into a required 25 ft. front setback on a 12,400 sq. ft. parcel within the R-1- 10,000 zone district per Chapter 15 of the City Code. PLANNING COMMISSION MEETING October 24, 1990 Page 18 PUBLIC HEARINGS Continued Commissioner Burger reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated October 24, 1990. The public hearing was opened at 11:35 p.m. The applicant's representative addressed the Commission. He said many different floor plans were attempted but the applicant could not come up with any other alternative except for perhaps adding a two-story addition. He reviewed the plans for the addition in detail. Commissioner Caldwell stated that she assumed the applicant considered moving the wing back so there would be no front yard setback problem and asked why that was not an acceptable solution. The applicant's representative responded that one of the reasons was that the existing family room would have to be walked through to access the proposed addition.. The family room is very narrow and for that to be the only access would not be aesthetically pleasing. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:45 P.M. Passed 6-0. Commissioner Tappan questioned the intent of the City regarding the right of way. Mr. Emslie responded there is no intention to widen the roads. He pointed out that in all cases throughout the City where there are public streets the right of way is always wider than the approved portion of the street. It is not necessarily that the right of way is reserved for widening purposes. It is common practice to have between eight and ten feet beyond the curb line for other purposes such as utilities, pathways, etc., and that is common practice throughout the City. Commissioner Tappan also questioned the precedents in the neighborhood and wondered if those were granted on the basis of the City's not having a~y intention to exercise the right of way. Mr. Walgren responded that in the examples listed in the staff report about half of them are based on existing rights of way that were not to be used utilized, about half were based on floor plan hardship and some were a combination of both such as this application. Commissioner Burger said she did not have a lot of trouble with the variance. It avoids the issue of a second story and preserves the PLANNING COMMISSION MEETING October 24, 1990 Page 19 PUBLIC HEARINGS Continued integrity of the neighborhood which is one of one-story homes. The street is a quiet cul de sac, and she did not see any intention on 'the part of the City to widen the right of way. The plan is aesthetically pleasing and introduces some variance architecturally. Since the back yard is smaller than she anticipated, this solution not only provides some architectural interest to the front of the street but preserves a fair portion of the back yard. Commissioner Moran stated she was not comfortable with the issue of the City's right of way and did not feel the Commission would be moving in the right direction if it is using those eight or ten feet to reposition a structure. = Commissioner Caldwell said she had trouble making variance findings and could not locate special circumstances that apply to the property to make the findings. She also said she felt there is a reasonable alternative to adding on to the home. She believed the applicant could accomplish the goal of adding on another bedroom by moving the wing back seven feet and not encroaching on the setback. She said that may involve some work in the family room but emphasized that an alternative is available. She .stated she distinguished this case from the Komina and Chin cases. In the Chin case there was a situation where the topography of the property was critical to the viability of alternative expansions. In the Komina case there was a situation where alternative measures would have involved elimination of what was deemed important features of the back yard. Chairperson Tucker said she too was having a problem with the variance. She felt the applicant could add on .if one of the closets was taken out and made a doorway from the family room which would give access to the other room and the garage could be moved back. She acknowledged that the Commission has in the past granted variances but felt that Commissioner Caldwell's points were well taken in that there were specific reasons for the granting of those variances. She said in the Harleigh Drive case cited she was one of the Commissioners who dissented on that because she felt it was important to keep the setbacks in order to keep an open feeling in the streets. Mr. Kolstad commented that the specific concerns regarding moving the wing back did not work. He said that all he has room for on the wall is the fireplace, the television set and the opening. There are sliding glass doors to the rear yard. Across from the fireplace is a large opening into the dining room and next to that is an opening to the kitchen. He Said he did not have any walls to put any furniture at all and if there was any way to move it back PLANNING COMMISSION MEETING October 24, 1990 Page 20 PUBLIC HEARINGS Continued it would have been easier. He stated he did not mind taking up the space in the back yard and moving the addition back seven feet but it could not be done. He said if the findings could not be made due to the floor plan hardship as they have been in other cases he planned on appealing to the City~Council. He stated he examined all possibilities so there was no need for a study session. He reiterated that he had a particular hardship that has been made in other cases in the neighborhood. CALDWELL/MORAN MOVED TO DENY V-90-026 WITHOUT PREJUDICE. Passed 3-2 (Commissioners Burger and Tappan opposed). Commissioner Kolstad was reseated on the Planning Commission. 16. V-90-030 Schuck, 13800 Saratoga Ave., request for variance approval to allow an 8 ft. tall sound wall to be located within a required front yard setback on a 24,910 sq. ft. parcel in the R-1-20,000 zone district per Chapter 15 of the City Code. Commissioner Burger reported on the land use visit. Planner Walgren presented the Report to the Planning Commission dated October 24, 1990. The public hearing was opened at 12:00 p.m. A representative of the neighbor at 13780 Saratoga Avenue addressed the Commission regarding the neighbor's opposition to an eight-foot wall. The neighbor felt six feet would be more appropriate. Mr. Larry Schuck, 13800 Saratoga Avenue, addressed the Commission regarding his desire to install a sound wall. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 12:13 A.M. Passed 6-0. Commissioner Tappan noted he once lived on Saratoga Avenue and there is a great deal of traffic and the noise level is intolerable. He agreed with the staff recommendation of a six-foot wall instead of an eight-foot wall. Commissioner Burger also agreed with the staff recommendation. Commissioner Caldwell said she had a problem with the second condition of the drafted resolution. She stated she did not consider a right of way visible circumstance and could not make PLANNING COMMISSION MEETING October 24, 1990 Page 21 PUBLIC HEARINGS Continued that finding. She felt a more appropriate material to use, if the application is approved, would be dark brick rather than stone as a cap along the wall. Chairperson Tucker said she too was having trouble making variance findings and did not feel there are any special circumstances why the applicant cannot comply with the Code. BURGER/TAPPAN MOVED TO APPROVE V-90-030 PER THE STAFF REPORT ADDING THE CONDITION THAT THE MATERIAL FOR THE WALL BE COMPOSED OF BRICK TO MATCH THAT OF THE HOME. Passed 4-2 (Commissioners Caldwell and Tucker opposed). 18. AZO-90-008 City of Saratoga, Tract 7763, Beauchamps Subdivision, Planning Commission review of a proposed zone amendment to delete the applicability of hillside fencing requirements for the Beauchamps subdivision and to modify conditions of Tract 7763 to delete the requirements for open wire fencing on certain lots not visible from the surrounding community. Commissioner Moran reported on the land use visit. Planning Director Emslie reviewed the staff memorandum dated October 24, 1990. The public hearing was opened at 12:20 a.m. Mr. Jack Dalton, 20858 Beauchamps Lane, addressed the Commission regarding the proposal.- TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 12:26 P.M. Passed 6-0. Commissioner Caldwell expressed concern regarding the three properties with wrought iron fences with decorative spiky, pointed tops in that everywhere else in the City it has been conditioned that the fencing have flat tops so that any animals jumping 'over the fence would not be injured by'decorative spikes. She said she would like to accomplish the same thing here by having the property owners remove the spiked fencing. Mr. Dalton responded that the property owners are trying to make good of a bad situation and that cutting the spikes off would change the aesthetic quality of the fence. In many instances there are emblems at the top that tie into emblems halfway down the fence. PLANNING COMMISSION MEETING October 24, 1990 Page 22 PUBLIC HEARINGS Continued Commissioner Burger suggested a condition that there be no spiked fences for any future fencing. She was not in favor of making the homeowners cut off the spikes on their fences. Commissioner Tappan agreed with Commissioner Burger because of the hardship it would cause the property owners. BURGER/MORAN MOVED FOR APPROVAL OF AZO-90-008 PER THE STAFF REPORT ADDING A CONDITION THAT ANY FUTURE WROUGHT IRON FENCES ON THE LOTS INDICATED FOR OPEN FENCING BE FLAT ON TOP. Passed 6-0. DIRECTOR'S ITEMS Mr. Emslie discussed and explained the two items that were withdrawn from this Planning Commission agenda (SM-90-005 (Blum) and DR-89-023.1 (Riding)). He said these items brought to light some issues that he felt the Commilssion should have the opportunity to address. He indicated that the Engineering Department investigated both cases and has taken action to have both sites restored to their natural conditions immediately. Commissioner Caldwell suggested that the Commission recommend to the Council that some penalty be sought against the property owners. Commissioner Burger pointed out that there was a difference between the two cases. On the Riding property it appeared there was some attempt to discuss the matter with the Engineering Department. In the other case there was no dialogue with the City even though it was conditioned in that case that there was to be a natural progression and no flat pads were to be created beyond what was approved. She agreed that the Commission had to get serious in matters such as these but indicated that if a recommendation was initiated that these events be fined all such events should be fined.. There was Commission consensus to recommend to the Council that they look at collecting fines allowed by the Codes. Commissioner Burger expressed concern that when it is decided who to fine it should not be made at the Commission level. CQMMISSION ITEMS 1. Commissioner Tappan noted the'retirement of Mr. Siegfried from the Planning Commission. He commented that he felt both he and the City of Saratoga have lost a true friend. He said Mr. Siegfried was not only a great resource and a mentor for PLANNING COMMISSION MEETING October 24, 1990 Page 23 COMMISSION ITEMS Continued him but an effective Commissioner and a great Chairman and he would be missed. He stated .he hoped the City Council would acknowledge' Mr. Siegfried in some manner of his years of service to the City. Commissioner Moran also indicated she would miss Mr. Siegfried as someone to learn from, and she appreciated his careful consideration of all views and his very good leadership of the Commission. Commissioner Tappan also pointed out that Mr. Siegfried's knowledge of the issues from years ago was very Useful in the Commission ' s deliberations. 2. Commissioner Moran reported on the Open Space Task Force Committee. 3. Commissioner Burger reported on the City Council meeting. COMMUNICATIONS Written 1. Committee-of-the-Whole Report 8/28/90, 10/2/90 and 10/16/90 Oral ADJOURNMENT The meeting of the Planning Commission was adjourned at 12:45 a.m. Respectfully submitted, Rebecca Cuffman