HomeMy WebLinkAbout07-24-1991 Planning Commission Minutes,• ,'
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CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: July 24, 1991
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Chairperson Moran, Commissioners Bogosian, Caldwell, Durket, and Favero
were present at 7:30. Commissioners and Forbes' and Tucker's absences
were excused.
Pledge of Allegiance
Minutes - 7/10/91
Com. Bogosian corrected the Minutes on Page 4, under Public Hearing Consent Calendar,
the second paragraph, Com. Caldwell's name should be replaced with Bogosian.
Com. Caldwell corrected the Minutes on Page 1. The third paragraph should read:
"The following changes were made by Com. "Tucker", that a sentence be added after the
third paragraph which reads: "The following changes were made by Com. Caldwell", and
that the last paragraph with reference to Page 3, read: had talked to
neighbors. On Page 6, the second to the last paragraph, after the motion, should
read that Coms. Durket and Caldwell "agreed:to the changes". On Page 7, Com.
Bogosian's name is misspelled in the middle of the page (and on Page 6). The
paragraph beginning with "The question is called for and should read: "Chr.
Moran verified no changes were made in the resolution regarding the gazebo" .
On Page 9, Planner Walgren's name is misspelled. Anew paragraph should be inserted
on Page 9, as the third to the last paragraph which states "Durket and Bogosian
agreed to incorporate the suggestion of requiring a darker color for the middle
house". On Page 10, following the sentence: Commissioners commented favorably on the
variance, a sentence should be added to reference that "Com. Caldwell asked that the
variance findings include the proximity of the home to the Route 85 Corridor, and
there was agreement among Commissioners that would be a wise move. Com. Favero
reiterated that in his comments." On Page 11, second to last paragraph, second line
does not make sense. She suggested the tape be checked.
Regarding Page 10, under Item 10, following the motion for approval, Com. Bogosian
requested the following comment be inserted in the Minutes: "Com. Bogosian felt that
the findings could be made especially since the lot is constrained by easements."
Regarding Page 12, paragraph 4, Com. Favero replaced the word "moral" with the word
"spirit". At the same point in the meeting, the Planning Director mentioned that the
grading of the creek was under some kind of City supervision. He recalled that he
stated there was no supervision at the site of the construction work when he visited
the site. Planning Director Emslie clarified that he did not intend his comments to
mean there was constant supervision on the project. Com. Favero requested a
correction to the minutes be included to indicate "Planning Director Emslie stated
there are regular inspections but there is no constant supervision on the project."
' PLAi~TING COMMISSION MEETI~. ! Page 2
K~ July 24, 1991
On Page 3, paragraph 7, Chr. Moran amended ,the sentence to read: "she used this issue
n
FAVBRO/CALDWELL MOVED APPROVAL OF THE MINUTES OF JULY 10, AS AMENDED. PASSED 5-1.
(Forbes was absent).
ORAL COMMUNICATIONS
None.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted
on July 19, 1991.
Technical Correction to Packet
None.
PUBLIC HEARING CONSENT CALENDAR
THESE ITEMS WILL BE ACTED UPON IN ONE MOTION UNLESS THEY ARE REMOVED FROM THE CONSENT
CALENDAR FOR DISCUSSION BY COMMISSIONERS OR ANY INTERESTED PARTY.
1. UP-90-011 - GTE Mobilnet, 14375 Saratoga Ave., request for use permit approval
to construct two, 50 ft. tall cellular transmission towers within
the Professional and Administrative Office (P-A) zone district per
Chapter 15 of the City Code (withdrawn by applicant).
2. V-91-006 - Christensen, 14330 Cordwood Ct., request for variance approval to
exceed the allowable floor area by 330 sq. ft. where 5,298 sq. ft.
is permitted to an existing 4,964 sq. ft. two-story residence in the
R-1-40,000 zone district per Chapter 15 of the City Code (withdrawn
by applicant).
3. DR-90-079 - Constantine, 20855 Kittridge Rd., request for design review approval
SD-90-009 - and building site approval to construct a new two-story 4,390 sq.
V-90-037 - ft. residence on a 1.8 acre site within the HC-RD zone district per
Chapters 14 and 15 of the City Code. Variance approval is also
requested to allow the residence to be constructed on a pad with an
average slope of 859; and to allow the structure to exceed the 26 ft.
height limitation (cont. to 8/14/91; application expires 10/17/91).
CALDWELL/BOGOSIAN MOVED APPROVAL OF THE CONSENT CALENDAR. PASSED 5-0.
PLAYiNING COMMISSION MEETII~ ~ ~ Page 3
• Jvly 24, 1991
PUBLIC HEARINGS
4. DR-90-077- Tager, 14105 Pike Rd., request for design review approval to
LL-91-003 - construct a new 4,851 sq. ft. two-story residence on a 1.2 acre site
SD-89-011.1 within the NHR zone district per Chapter 15 of the City Code. Lot
line adjustment approval is requested to transfer 7,378 sq. ft. from
13983 Pike Road to this parcel. Modification to condition #27 of
SD-89-011 is also requested to allow the structure to exceed the 190
ft. contour elevation (cont. from 6/26/91).
Planner James Walgren reviewed his Memorandum to the Planning Commission dated July
24, 1991. The applicant has revised the plans as recommended in the Staff Report,
as directed by the Planning Commission at the 6/26 Public Hearing. Staff feels that
this modified proposal can be supported with the following modifications to the
resolution: 1) There is an omission. Condition #26 should be moved down and a new
Condition #26 should be inserted that "The corral fencing currently located on parcel
503-30-8 should be removed or relocated to a location consistent with the revised lot
line configuration and city code requirements prior to the recording of the revised
~." 2) The original Condition #26 which now becomes Condition #27, should be
corrected based on subsequent geo-technical review which has taken place since the
tentative building site. Under paragraph b:, second to the last sentence where it
states Mitigation measures shall be provided, as necessary, should be corrected to
say: "Appropriate design criteria shall be provided as necessary" 3) The last
sentence in the last paragraph of that same condition should be corrected to read: .
. ."prior to the issuance of a zone clearance".
Responding to Com. Favero, Planner Walgren clarified the recommendation 3 as listed
in the staff Memorandum would be considered a material change. The reasoning was to
lower the house on the horizon and was related to a contour elevation.
Chr. Moran opened the Public Hearing at 7:50 p.m.
Dr. Steven Tager, the Applicant, stated he believes he has complied with the
requirements and requested approval of the application. He said the pool markers
were not in place on the property because of the issue of the tree; the tree was not
on the map. The free-form pool will be on the flat area, not in the hillside and
will be placed between the oak trees and will not invade the drip line. The pool
size will be reduced to conform to the restricted area. He is of the opinion there
is no grade 9; to the pool area. The relative height is 174, the same as the
foundation.
DURRBT/PAVERO MOVED TO CLOSE THE PUBLIC HEARING AT 7:53 P.H. PASSED 5-0.
COM. FAVERO HOVBD APPROVAL OF THE APPLICATION AS RECOMMENDED BY STAFF. THERE VAS NO
SECOND TO THE MOTION.
Com. Caldwell expressed her concerns with the pool location and color of the home and
recommended darker colors or natural materials be used to blend with the hillside.
Com. Bogosian reported that from his site visit, he found the property visible from
various surrounding properties. He emphasized the prominence of the building site
and his principle concern is the height. He believes lowering the building will
conform with the requirement of the lot split. He does not characterize the pool
location as a flat area. He would support a pool, if the applicant were to return
PLAa1NING COMMISSION MBBTI~
July 24, 1991
Page 4
with plans for lowering the height. For those reasons he said he is not prepared to
approve the application.
Com. Durket stated concern with incompatibility with the older neighborhood and could
not support the application. He would like to see natural materials. He questioned
the amount of cement being used and Planner Walgren reported both driveway locations
were approved as part of the tentative building site approval for the two lots and
there was a requirement from the Fire District requiring an area large enough to have
emergency vehicle parking.
In response to Com. Favero, Planning Director Walgren reported that the Applicant
wasn't directed to provide mitigation and re-design measures; application was
continued just to provide the height poles. However, the applicant has provided each
with the original changes in the Staff Report. Com. Favero felt the applicant has
shown good faith in the issue. He agreed the color should be darker. In response to
Com. Favero, Com. Caldwell felt the pool should be handled separately as a site
modification.
CALDWBLL/FAVERO MOVED TO GO FORWARD WITH THE PROJECT, CONDITIONED ON HAVING POOL
APPROVAL BE A SITE MODIFICATION AND DARK BARTH TONBS BE USBD FOR THB B%TERIOR
INCLUDING THE BALUSTERS.
THE ABOVE MOTION WAS VOTED UPON AND PASSED 3-2 (Durket and Bogosian voted no).
5. SM-91-006 - Puette, 12342 Crayside Ln., request for site modification to
previously approved plans for an existing single family residence in
order to construct a pool, spa and cabana on a .774 acre parcel
located within the R-1-20,000 zone district per Chapter 15 of the
City Code (cont. from 7/10/91).
Planner Walgren presented the Report to the .Planning Commission dated July 24, 1991.
The revised proposal is consistent with the development regulations and all
necessary findings can be made to support this revised plan. He apologized to
Commissioners for not having a complete set of exhibits when the packet was mailed.
He pointed the pages left out were landscape and irrigation
plans and the cover page.
Mayor Moran opened the Public Hearing at 8:10 p.m.
There was no one in the audience who wished to comment on the project.
CALDWELL/BOGOSIAN MOVED TO CLOSE THB PUBLIC HEARING AT 8:10 P.H. PASSED 5-0.
BOGOSIAN/DURKBT MOVED APPROVAL OF THE APPLICATION. PASSED 5-0.
Chr. Moran thanked Planner, Ms. Susan Riggs, for her careful analysis on this
application.
PLANNING COHHISSION liEETI~
' July 24, 1991
Page 5
6. DR-89-041.1 - Dividend Development Corp., Owner: Chapman & Wilson, Applicant;
SM-91-003 - 13150 Saratoga Ave., request to modify previously approved site
ZC-91-001 - development plans for the senior housing portion of the former Paul
SD-89-006.1 - Masson site. The applicants propose the following on an 11.07
acre parcel located on the southerly half of the Masson site
rezoned MU-PD.
Planning Director Emslie presented the Report to the Planning Commission dated July
4, 1991. The Public Hearing is being conducted to consider several proposed
modifications to the approved Dividend Development reuse of the former Paul Masson
Champagne Cellar site on Saratoga Avenue. The applicants are requesting
modifications including a revised building footprint to reconfigure the condominium
units, patio home units, and skilled nursing facility and the personal care facility.
They have requested deletion of conditions requiring the $10,000 security deposits
for the northerly conventional town home portion of the site.. (The Commission, in
granting approval of the original project required a deposit of $10,000 per
condominium on the close of escrow, to be deposited with the City.
The applicants are requesting, this evening, an extension of the tentative map and
design review approval beyond the August 23 expiration date in order to locate a
qualified operator to staff the facility once it is constructed.
Staff recommended a study session be scheduled approximately four weeks after
tonight's public hearing to receive reports in response to the concerns presented
tonight.
The Planning Director indicated that it may .be possible to construct a 3-story
building in a 36 maximum building height.
Chr. Moran opened the Public Hearing at 8:15 p.m.
The Applicant, Mr. Dick Oliver of Dividend Development Corp., reported the request
for the extension of the tentative map is because of market conditions and lender
reluctance to fund the project start at this time. Part of that reluctance is
because there has been no progress on the senior site for the past two years. He
recalls to the Commission that 19 months ago Council requested that he delay the
senior site activity while they investigated the possibility of the Oddfellows site.
This has caused his corporation a severe economic hardship and a loss in lender
confidence which has been frustrating and very damaging to the corporation. He
stated his corporation has been very cooperative with the City and requested a waiver
of the provision which penalizes his corporation by requiring the $10,000 deposit on
each condominium. He implores the Commission to act on these two requests tonight.
Mr. Oliver reviewed the site plan in detail stating that the EIR report is fully
compatible with the project. The only question is the increase in height. He said
he does not believe an additional EIR is necessary. He reported that the results
from the research completed by Mr. Edward Pack, sound consultant, indicate the
potential noise impact as negligible, if at all. He presented the Commission with a
letter from Mr. Pack.
Mr. Oliver stated he is of the understanding that Council unanimously approved a
three-story building as appropriate, and understood the vote to be a direction to the
Planning Commission and staff to change the ordinance zoning on this specific site to
three-story. He is of the understanding the Corporation was directed to proceed with
PLANNING COt4~lISSION MEETII~
- July 24, 1991
~~ Page 6
building of the elderly project on the site. This opened the door for the
corporation to talk with people who had previously indicated the project would not
work. Subsequently, a qualified operator with experience and skills in the area of
assisted living and skilled nursing has become interested in the project.
Discussion was held regarding the reasons the operators felt the skilled nursing and
assisted living would be more economical on one level. The preference is for a
smaller footprint for the condos to eliminate lengthy hallways and space between
common areas.
Discussion included questions regarding placement of the senior facility on the site,
specifically as relates to the potential for carbon monoxide from the Highway 85
Interchange and Saratoga Avenue. Mr. Oliver felt that the operator and developer can
mitigate the issue to acceptable levels. He read verbatim from the Cal Trans Report
that it has been concluded that EPA believes the air quality concerns have been
largely satisfied with supplemental environmental information which was reviewed.
There was lengthy continued discussion regarding clarification of instructions from
the City Council to the Planning Commission at the time the Council held its Public
Hearing on the issue. Mr. Emslie stated his opinion that Council indicated its
willingness to support a proposal for a three-story site and ask the Planning
Commission to consider amendments to the MU-PD Zone to allow this but did not
direct the applicant to propose a specific project.
Mr. Oliver disagreed and reiterated his recollection. He also stated one
Councilmember requested and was given clarification that if the height was increased,
then the density would be increased because they go together. Additionally, he
stated Council directed the corporation to expedite the matter with the City Planning
Commission and staff to obtain the developer/operator.
Chr. Moran declared a recess at 8:50 p.m.
Upon returning, the same members and staff were present.
Mr. Samuel Watt of Los Angeles, the Architect for the proposal, presented the
information about the project which he believes will be done correctly. He reviewed
the advantages of the three-story concept including the low visibility of the
building after landscaping is completed, that there will be shorter distances for
residents to travel and more green area and open space. than the previous proposal.
Regarding air quality, he stated mitigation measures will be included in the design
such as charcoal filters in the air filtration system of the entire project. An
additional report from an environmental consultant to supplement the existing report
will be presented to the Commission. He further stated that the developers will
implement specific recommendations to reduce air pollution inside the facility. Com.
Favero requested the report on the issue which Mr. Oliver agreed to provide.
Mr. Watt reviewed the concerns regarding the mitigation of parking, height and the
emergency access. The emergency access in intended to be used only in cases where
regular access is unavailable.
Responding to Com. Favero, Mr. Emslie clarified that the 30 foot height would be in
conformance with the zoning.
Chr. Moran opened the Public Hearing at 8:32 p.m.
PLANNING COliMISSION HEBTI~
- ~ July 24, 1991
Page 7
Mr: Andrew Beverett, representing the Saratoga area Senior Coordinating Council,
agreed that Council's charge to the Planning Commission in this matter appears to be
unclear. He believes the charge was to re-examine the appropriateness of the Masson
site as a proper location for a senior retirement facility. He held Mr. Oliver in
high regard, agreed the delays have created a negative impact on the Dividend
Corporation and stated the seniors felt the Oddfellow's 16 acre site was the best
location for the facility and that the Masson site is below second best. He
expressed the concerns with pollution and health factors. He requested that City
staff be directed to explore whether there are other suitable locations for the
senior retirement center and asked whether the City will take steps to ensure that an
operator of the facility is experienced, reliable and has a good track record and
adequate financial resources. He spoke of two financial options that may work and
called for an expeditious resolution to the matter.
Com. Favero requested further information on citizen' concerns with the site so he
can understand how widespread the concerns are.
In response to Com. Caldwell, Mr. Beverett confirmed that earlier in this decade,
SASCC was in full support of the facility at the Masson site. However, initially, it
was not known there would be an entrance and exit at Saratoga to the freeway and did
not know Councilmember Stutzman would speak out so strongly about the affects of the
carbon monoxide to seniors and the interchange issue.
In response to the City Attorney, Vice Mayor Monia responded that he will only assist
in clarifying the issues which the Planning Commission seem to be confused over. He
implored that everyone be supplied with the Minutes of the Public Hearing conducted
by the Council on that issue. He stated his understanding of the direction to
Council is more in line what Mr. Oliver spoke of this evening; that Council looked
favorably on a three-story and if necessary a zone ordinance change to accommodate a
three-story unit on the site. Also there were a number of other items Council had
asked staff to look into one of which was that a professional engineering firm come
in to present the report as to the air quality standards and what would be done for
mitigation. Testimony was received at Council's Public Hearing which indicated that
carbon monoxide would probably increase more from the building materials used in
building the site than would be created by the Highway 85 traffic and that by through
proper air filtration the levels would be reduced below what it is today. A number
of groups addressed the Council on the issue, including a group of physicians, had no
preference as to the site for the facility and the Paul Masson was adequate as far as
they were concerned. 80q of the people who ,spoke supported the Paul Masson or
Oddfellows site.
In response to Com. Caldwell, Councilmember Monia stated that because the social need
exists for a facility of this type, it is his understanding the approval of the
three-story is specifically for this site and for the purpose of a senior facility
only.
Mr. Mike Specman of Montrose Street spoke of his personal need for a senior care
facility in the area, the need for air quality. He felt a three-story would be an
eyesore, expressed concern with loss of some of the mature pine trees. He said he
could not see how a three-story 46 foot high structure could comply with the approval
requirements.
Ms. Peggy Corr of DeHaviland Drive, a 27 year resident of Saratoga, reported on a
survey where approximately 100Y of the seniors did not believe anyone would notice
the three-story structure. She does not believe the three-story approval would be
.I PLA1dNING COMMISSION MEETI~ • Page 8
July 24, 1991
setting a precedence and believes it is a real need and believes the facility will be
a great asset to the community. She stated there are many disappointed seniors
because of the delays and pointed out existing three-story facilities in the
surrounding areas.
Mr. Ray Pasintino of Saratoga agreed that the emergency access was a requirement by
the fire marshall. He opposed the height factor of a three-story in Saratoga.
BOGOSION/DURKET MOV13D TO CLOSE THE PUBLIC HEARING AT 10:10 P.M. PASSED 5-0.
Chr. Moran read verbatim, a comment from Col. E.T. Barco of Saratoga. He expressed
objections to the three-story facility relative to noises from the interchange, the
incompatibility of the proposal with the surrounding area. He recommended the
Commission not approve the proposal and recommended there be another survey among the
seniors to determine how many would live in the facility if it were built. He
sympathized with the developers for delays.
Chr. Moran read verbatim, comments from Com: Tucker regarding parking, request for a
supplemental EIR, to re-address the General Plan policies relative to the new
proposal, specifically, regarding compatibility. She expressed concern that the
height requirement as requested tonight will require a change to the MU-PD and is
concerned with the emergency access as well as park easements, noise impacts to
nearby neighborhoods and traffic congestion information on Saratoga Avenue.
Com. Favero requested a copy of Com. Tucker's assessment for the Commission.
Responding to Com. Durket, Mr. Emslie reported the tentative map expires August 23,
1991. Therefore, according to regulations the Commission could consider the
extension of the map until August 28 which is the first regular meeting following the
expiration date. Having three stories enhances the economic feasibility and there
now are people who are interested in developing the facility. He recommended the
Commission hold off on a decision on waiving the $10,000 per escrow fee until the
design issues are resolved.
Com. Favero stated he would prefer to see a definitive, economic, financial analysis,
which clearly points out the economic returns to the operator, internal investment,
internal return, discounted cash flows, reasonably evaluated by a certified public
accountant, in 10, 15, 20 year time frames before making a decision.
Com. Bogosian stated he does not see the need for a new EIR, he would like to see the
Council Minutes of the Public Hearing referred to by Councilmember Monia, and stated
he did not see a drawback to voting on the extension tonight. he agreed that the
information should be analyzed before the vote on the waiving of the $10,000. He
stated he would like to see a report on some of the issues raised tonight brought
back in a packet to Commissioners. He felt 'the extension could be voted on at the
next meeting.
Com. Caldwell agreed with Com. Favero's request for independent analysis of the air
quality issue. Another issue not raised is :that of how the applicant is moving
forward on the demolition of the site. She requested identification of a date
certain by which demolition will be complete.
Chr. Moran stated her concerns are future total anticipated traffic along Saratoga
Avenue in the next 4 to 5 years. Sidewalks, access to shopping, and parking
PLANNING COMMISSION MBETI~ ~ Page 9
July 24, 1991
facilities. She said she would like more detail about why the nursing facility needs
to be one-story and more information on the sound walls.
Mr. Emslie recommended that staff will make a determination if a supplemental EIR is
necessary. He summarized as follows. Commissioner concerns are: The need for
economic analysis; need to evaluate the design issues in conjunction with the
consideration of the developers request to delete the deposit; air quality study to
include the effects of mitigating factors, review of interior design materials and
layout as contributing factor to air quality, review of visual impacts; reducing the
building height to mitigate visual impacts, include traffic analysis"that will
quantify the interchange; analysis of all traffic improvements on Saratoga Avenue,
analysis of access of residents to off-site ,facilities, parking ratio analysis and
adequacy of parking provided in comparison to similar sites and similar size
communities, include the fact that the nursing home is open to the public; explore
the need for a one-story senior facility--analysis by senior consultants, document
the need for additional open space in the facility, analysis of visual impact of
sound walls on the Freeway and Saratoga Avenue and the adequacy of existing visual
buffers, kitchen odors. Staff would also report on a date by which demolition will
be completed. Staff will provide an analysis of land use implications of developing
the site along the freeway.
In response to Com. Caldwell's question regarding Com. Tucker's request to see the
track record of the Operator, Mr. Emslie stated the Commission has stayed away from
that as a planning issue; the project is to be looked at on the basis of a land use
planning agency.
Mr. Oliver reiterated his request for approval of the extension of his map. Staff
felt the exception could be made in this case due to the length of time that has
transpired.
DURKET/CALDi7ELL MOVED TO APPROVE THE E%TBNSION OF SD-89-006.1 FOR ONB YEAR.
Com. Favero questioned the rationale for approval for one year rather than two years.
Mr. Emslie explained the map act provides for a tighter time frame for extensions to
enable the City to periodically re-evaluate .the project for its compliance with
changing land use conditions or zoning conditions. He states that as there are many
points under discussion, he would consider an extension for only 6 months.
THE ABOVE STATED MOTION IS VOTED UPON AND PASSED 4-1 (Favero voted no).
DURKET/CALDHBLL MOVED CONTINUANCE OF THB PUBLIC HEARING TO AUGUST 28 {~TITH A STUDY
SESSION ON OTHER ITEMS DISCUSSED THIS EVENING TO AUGUST 20. PASSBD 5-0.
7. DR-91-024 - McKenzie 14678 Oak St., request for design review approval to
UP-91-003 - demolish an existing one story structure and construct a new 2,866
V-91-007 - sq. ft. two-story residence on a 7,530 sq. ft. parcel per Chapter
15 of the City Code. Use permit approval is requested to allow a
detached garage to be located within a rear yard setback. Variance
approval is also requested to allow the garage to encroach 3 ft.
into a required 6 ft. side yard setback.
Planner Walgren presented the Report to the Planning Commission dated July 24, 1991.
The plans conform with all applicable city code development regulations with
,, PLl~NNING COMMISSION MEETI~ ~ ~ Page 10
July 24, 1991
exception of the small portion of the garage indicated in Exhibit B. Staff feels it
is compatible and that all design review findings can be made. He recommended
approval with minor modifications requested in the resolution. Staff supported the
use permit and variance requests based on findings in the resolutions. Earlier this
week, it was brought to staff's attention the exterior of the building may be
finished in asbestos material. He explained the requirements which have been added
in Condition 10. This would require services of a State licensed asbestos abatement
contractor.
Planner Walgren indicated that the Fire Marshall already reviewed and approved the
application.
Chr. Moran opened the Public Hearing at 10:55 p.m.
Mr. William Young of Saratoga, representing George McKenzie, reported the only item
unclear in the staff report was item #9 regarding the window seats. Mr. Walgren
discussed staffs concern with the north and .south elevations and the condition that
the bay window seat could be retained but both of the two bedroom windows be
re-designed slightly up a level. Because the window on the north is the only window
on that side, Mr. Young believes it would be unfortunate to obscure the entire
window.
Mr. George McKenzie, the Applicant, reported, he had his home designed so there would
be lots of light. He stated there has never been a problem with privacy and would
like to keep the windows in the plan.
DURKET/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:00 P.H. PASSED 5-0.
Planner Walgren explained the alternative obscured glass which could be utilized.
Mr. McKenzie stated his last plan presented to the Commission had the same plans for
the windows. All his neighbors, except one, who did not wish to become involved,
liked and approved of the plans.
CALDWBLL/DURKET MOVED APPROVAL OF V-91-007. PASSED 4-0. (Bogosian abstained).
CALDWELL/DURKET MOVED APPROVAL OF UP-91-003. PASSED 5-0.
CALDWELL/DURKET MOVED APPROVAL OF DR-91-024 WITH CONDITION #10 REGARDING ASBESTOS
ABATEMENT, AND ADDING ANOTHER CONDITION REQUIRING LANDSCAPING TO BE PROVIDED ALONG
THE REAR PROPERTY LINE TO BE APPROVED BY STAFF AND TO CHANGE CONDITION #9 TO USE
OBSCURE GLASS.
DURRET SECONDED THE MOTION AND ADDED A THIRD ALTERNATIVE TO MAINTAIN THE CLEAR GLASS
BUT ALLOW FOR ANY REVISIONS STILL MEETING NATURAL LIGHT, VENTILATION, INGRESS AND
EGRESS. THE MOTION IS VOTED UPON AND PASSED 5-0.
8. V-91-008 - Coles, 20620 Reid Ln., request for variance approval to extend an
existing side yard setback of 7 ft. where 7.7 ft. is required in
order to construct 686 sq.;ft. of additional floor area to an
existing 1,681 sq. ft. residence in the R-1-10,000 zone district
per Chapter 15 of the City Code.
Planner Walgren presented the Report to the Planning Commission dated July 24, 1991.
Staff recommends approval of this minor variance by adopting Resolution V-91-008.
. PLAidNING COMMISSION MEETI~
July 24, 1991
Page 11
Chr. Moran opened the Public Hearing at 11:07 p.m.
Mr. Henry Coles appeared before the Commission to answer any questions.
DURKET/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT LL:08 P.K. PASSED 5-0.
DURKET/FAVBRO MOVED TO APPROVE RESOLUTION V-D91-008. PASSED 5-0.
9. DR-91-006 - Chadwick, 21152 Chadwick Ct., request for design review approval to
construct a new 5,659 sq. ft. two-story residence per Chapter 15 of
the City Code. The subject parcel is 2.8 acres in area and is Lot
#6 of Tract 7770, the Chadwick Place subdivision.
Planner Walgren presented the Report to the Planning Commission dated July 24, 1991.
He reported it is in conformance with regard to the City's development regulations
and all tentative map conditions of approval. Because of the prominence of the site,
the controversies surrounding the subdivision, staff recommended this meeting be used
to open the public hearing to discuss the recommendations in the staff report prior
to preparing resolutions. Mr. Walgren reported a letter from Mr. Chadwick was
included in the packet responding to the Citizen's Investigative Report.
Chr. Moran opened the Public Hearing at 11:10 p.m.
Mr. Allen Chadwick, of Saratoga, referred to the controversy of the entire
subdivision stating that he has always been ;cooperative with City officials, their
inspectors and geo-technical consultants and have complied with all requests to bring
the lower end of Tract 7770 to a conclusion.
Mr. Dean Joy, Chiquita Way, a neighbor approximately 400 feet from Mr. Chadwick's
property stated that from his back deck, Mr. Chadwick's proposed home is very
imposing. He strongly suggested staff and Commissioners to have a site visit.
Disputed Planner Walgren's comments in the staff report on Page 89 regarding the
mountains help to minimize its visual prominence from an off-site location. He felt
that if it is determined a two-story is necessary, he much prefers it to be located
on the other side of the hill, not on top.
Mr. Ray Kent, Chiquita Way, stated he is not opposed to Mr. Chadwick building the
proposed home, unless there are circumstances he is not aware of. He welcomes the
addition to the neighborhood. He mentions the problems at the top of the hill with
the need for policing trespassers and liter which will be stopped when the property
becomes occupied. He reports his only concern is the intrusive height at the south
side of the residence. He gave the Commission a picture of the view he has today and
an indication of where the Chadwick residence will be. He points out the view was
one of the reasons he purchased the home. He stated the elevation of the Chadwick
residence and the 26 ft. height is the equivalent of the towers in the GTE Mobilnet
application recently before the Council and Commission. He disagreed with the
statement regarding minimizing and integrating the home into the hill. He believes
that much height cannot be hidden. Regarding zoning regulations, he does not believe
the application conforms with requirements for privacy, preserving natural landscape
and minimizing excessive bulk.
PLGNNING COMMISSION MEETI~ ~ Page 12
• ~ July 24, 1991
Mr. Kent read a letter from Mr. Wallace, another neighbor, in opposition to the
application because of the height.
The owner of 21195 Chiquita Way, stated he was told by his Realtor the Chadwick home
would not be an obtrusive site. He stated that if this application is approved as
proposed, he would have to seek legal recourse. He stated he recently discovered on
the contour map of his property, there is a proposed trail site which he had no
knowledge of. He stated that for the exact same reasons people spoke at the hearing
last Wednesday, regarding the creekside trail, they all apply here.
Ms. Lou Ann Neiman, Padero Court expressed concern regarding an existing slide area
adjacent to the Chadwick site. She recalls the past incidents with slides in that
area and reports what had to be done for protection in the future. She pointed out
that the ridge sits between two natural run-offs that end up in Calabazas and other
run-offs ending up at the bottom of the hill. She stated the contractor, when her
home was built, was allowed to alter the creek. However, and the run-off has not
been tested since 1982. She questioned the stability of the hill with a pool built
upon it stating that it is very close to the edge of the ridge and is very concerned
about anything built on the ridge. She opposed the length of the house along the
ridge. She expressed concern that Tract 7770 has not been resolved.
Mr. Chadwick spoke again in support of his project indicating he has worked with the
City to try to fit the home into the area available.
Planner Walgren reported the City's definition of measurement of the structure is 26
feet.
Mr. Howard Lester spoke in support of the application.
BOGOSIAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 11:34 P.M. PASSED 5-0.
In keeping with the past policy of not opening a public hearing after 11:30 p.m.,
Commissioners agreed to postpone Item 10 to the next meeting.
Mr. Emslie confirmed that this lot has been cleared by the Council for design review
and was subjected to a 6-month geo-technical review. Com. Bogosian stated he would
like to see a copy of that report to see how the considerations were addressed in
regard to slides, erosion etc..
Com. Durket stated he would like to visit the Joy residence to review the Chadwick
site. He agreed with Com. Bogosian regarding the geological reports.
In response to Com. Favero's question, Mr. Chadwick stated that he would have a very
small home if he were to get around the oak trees and work within the property line.
He doesn't know how he could integrate it into the terrain and keep it one story. He
pointed out that it is a split level, not really a two-story. He pointed out the top
of the roof is 5-6 feet higher than the center section of the home.
Com. Caldwell commented on the Staff Report on Page 90. She agrees with suggestions
1 and 2 and would like to see the following items addressed: the exterior color,
lower elevations and cross elevations, the trail easement, reduction of length of the
home, putting the home closer to the street and accomplish a one-story home in fact
and appearance.
PLANNING COMMISSION MEETI~ ~ Page 13
,.~°uly 24, 1991
Chr. Moran expressed concern with the large amount of grading for the driveway and
would. like to consider elimination of the circular driveway. She stated she would
like an opportunity for a site visit and would then consider the re-design of the
two-story element on the south end of the house.
Planning Director Emslie summarized the Commission's concerns to: review the
geo-technical analysis, have opportunity to;visit the site, re-design the driveway as
recommended by staff, incorporate the landscape concerns as recommended by staff,
consider darker earth tone colors, provide a schematic of the easement location to
the property, reduce the length of the home; move the home closer to the street,
preference for a one story home in appearance and height. If two-story is to be at
all practical it must only be on the north side of the site as the south site is the
critical elevation in terms of visual impact to neighboring properties.
Mr. Chadwick requested a study session to try to resolve some of the problems.
COM. DURRET/CALD~IELL ROVED TO CONTINUE THE PUBLIC HEARING TO AUGUST 28. PASSED 5-0.
CO!!. BOGOSIAN/CALDWELL MOVED TO CONTINUE TO A STUDY SESSION TO AUGUST 20. Coms.
Favero and Moran agreed. Com. Caldwell informed Mr. Chadwick that the Commission
requires alternate plans to discuss at the study session. Planning Director reminds
Mr. Chadwick that the plans must be submitted to staff no later than August 13 for
staff analysis to the Commission.
Chr. requested staff schedule a site visit within the next week. Mr. Emslie
requested names and availability from those residents who offered to allow
Commissioners to visit their property.
10. DR-91-020 - San Marcos Heights, 14980 Gypsy Hill Rd., Lot #33, request for
design review approval to .construct a new 5,397 sq. ft., one-story
single family residence on a 1.7 acre vacant parcel in the
R1-40,000 zone district per Chapter 15 of the City Code.
Chr. Moran continued this item to the August 14 Planning Commission meeting.
DIRECTOR'S ITEMS
1. Review of the draft report from the Planning Commission to the City Council
dealing with a number of issues related to the R-OS zone.
Commissioners agreed there is a significant 'amount of information which needs to be
discussed and Com. Bogosian suggested the item be continued, given the lateness of
the hour. Commissioners agreed to discuss the "noticing issue" on August 6 and
discuss this matter at a study session on August 20.
2. A response to a County General Plan Conformance Request.
Planning Director Emslie discusses the memorandum from George White, Assistant
Planner and explains the process for General Plan Conformance Requests. He reported
the proposal is in violation of NHR Specific Plan Policy and has indicated that in
_ -_
~~ PLe~NNING COMMISSION IiEET~:~ _~ Page 14
- ~ ;duly 24, 1991
the rejection of this statement. Therefore, the County will not receive an
application and development plans for this site will not be processed.
3. Providing Guidelines for Staking Property Clearly.
Commissioners discuss alternative type story poles which residents could be requested
to utilize. Staff is requested to make a determination as to what will be requested.
COMMISSION ITEMS
Commissioners discussed the proper procedure for letters delivered to the Commission
meeting. Mr. Emslie advised that correspondence can be handed to him to be noted
into the record. Commissioners agreed that, in their absence, if they so desired,
they could discuss the issues with staff who could summarize their general concerns
at the Commission meeting.
COMMUNICATIONS
Chr. Moran acknowledges the letters received by Commissioners in a packet.
Written
1. City Council Minutes - 6/19, 6/25/ & 7/3/91
Com. Bogosian reported he attended the July'3 City Council Meeting wherein the
proposal for the Trails and Parks element was accepted but modified to exclude the
trails along Saratoga and Wildcat Creeks.
The West issue on Andrew Court was referred back to the Commission and the Emami case
was approved.
Oral
Com. Favero commented that earlier he was somewhat concerned with the that time was
taken on the minutes to focus on minor, in his view, issues. In order to expedite
things he suggested the Commissioners collectively focus on those revisions that have
material aspects, not punctuation or spelling, etc. Mr. Emslie stated there is no
reason why staff could not begin retention of the Commission Meeting tapes.
anrnrm~unrr
CALDWELL/DURKET MOVED TO ADJOURN THE MEETING AT 12:10 P.M.
Respectfully submitted,
~~
Vicki Lindeman
Minutes Clerk