HomeMy WebLinkAbout11-10-2004 Planning Commission Minutes
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, November 10, 2004
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Garakani called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Garakani, Nagpal, Rodgers, Schallop and Zutshi
Absent: Commissioners Hunter and Uhl
Staff: Director Tom Sullivan, Associate Planner Christy Oosterhous and Associate Planner
Ann Welsh
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of October 27, 2004.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the
Planning Commission minutes of the regular meeting of October 27, 2004, were
adopted with corrections to pages 2,6,7,8,9 and 12. (4-0-2-1; Commissioners
Hunter and Uhl were absent and Commissioner Schallop abstained)
ORAL COMMUNICATION
Ms. Mimi Frazer Mather, 13519 Ronnie Way, Saratoga:
• Advised that she is here to speak about the property located at 13641 Ronnie Way.
• Informed that the owner’s original building plans were not accepted but he has reneged on
agreements with neighbors and the City and build his home to his original rejected plans.
• Added that he has not cared for a Redwood tree on the property as had been required. A new
arborist’s report was done recently.
• Pointed out that the FAR ratio was already maxed out and that a new carport was approved at staff
level, which is being called a barbecue area by this owner and is visible from the street.
• Stated that this house is twice as large as any other in the neighborhood and unlike any other home
in the neighborhood.
• Said that staff has worked hard on this situation but that Mr. Haus has not been honorable.
Additionally, staff has made some mistakes.
• Said that the review process is totally ineffective.
• Suggested that compliance and enforcement of this situation are under the City’s jurisdiction.
• Asked that Mr. Haus be held accountable and be made to do something to correct this situation.
Saratoga Planning Commission Minutes of November 10, 2004 Page 2
Chair Garakani cautioned that the Commission would be unable to take action on this matter this
evening as it is an unagendized item.
Mr. Tom Marantette, 13654 Ronnie Way, Saratoga:
• Stated that he too is concerned about the house at 13641 Ronnie Way.
• Reported that at the beginning of construction, a notice was sent to the neighbors by the City that
requested input. Subsequently, neighbors provided said input.
• Said that Mr. Haus and the City agreed that certain things would be done to alleviate neighbor
concerns.
• Stated that later they were told that comments had no effect once occupancy had occurred.
• Suggested that there has been some deceit by Mr. Haus and the City for not notifying neighbors that
nothing further could be done following occupancy.
• Said that he wants the City to clarify its notices regarding the impacts of neighbor comments. If
not, there is no reason to send out notices.
• Said that the City allowed changes to go through with this site knowing that there were complaints
from the neighborhood.
• Said that they want to see rectification of this situation.
Mr. David Mighdoll, 13664 Ronnie Way, Saratoga:
• Said that he too has concerns about 16341 Ronnie Way.
• Read portions of his memo sent to Council regarding this project.
• Reminded that the carport was eliminated from the plan and occupancy occurred. Shortly thereafter
a permit for the barbecue area was issued over the counter through a different planner. This
barbecue area is exactly like the carport that was eliminated from the original plan.
• Said that it is the jurisdiction of the Planning Commission to deal with the existing violations for
this site that include removal of the carport (now called a barbecue patio), violations of the Tree
Ordinance with encroachment onto the tree root area, FAR well over acceptable levels, notice of
neighbors’ agreements violations and requirements of any project approval no matter who approves
it.
• Stated that he understands that items brought under Oral Communications cannot result in action
tonight by the Planning Commission.
• Added that they have advised Council of their concerns via multiple email messages.
Chair Garakani asked staff regarding jurisdiction over this matter.
Director Tom Sullivan:
• Said that the Planning Commission is not an investigative body.
• Added that staff can provide a report back to the Commission.
• Advised that he has a meeting scheduled with the City Attorney this Friday and would report back
on this issue of jurisdiction.
Commissioner Nagpal:
• Stated her agreement that legal direction is required.
• Added that the Commission works at the will of the Council.
• Expressed appreciation for hearing from the neighbors about this situation.
• Stated that the Commission needs to find out how best to direct these citizens on how to proceed
with their concerns.
Saratoga Planning Commission Minutes of November 10, 2004 Page 3
Ms. Mimi Frazer Mather:
• Said that it would be confusing if Council says it is the jurisdiction of the Planning Commission
while the Commission says the responsibility is with Council. If that occurs, what would happen?
• Stressed that they don’t know where to go for help.
• Agreed that Tom and his staff have worked hard.
Chair Garakani said that the applicant filed an application with the City and completed his project.
Now there is a complaint about the conduct of the City.
Commissioner Rodgers reminded that Director Tom Sullivan would be asking the City Attorney for the
scope and process on this issue.
Ms. Mimi Frazer Mather said that the neighbors would appreciate direction.
Mr. David Mighdoll said that the project is not yet completed and is in process now.
Commissioner Zutshi asked if the house has achieved occupancy.
Director Tom Sullivan:
• Reported that the original house was approved through an Administrative process.
• Advised that the owner obtained occupancy with the filing of a landscape bond.
• Stated that after he obtained occupancy, the owner came back and spoke with another staff planner
who was unfamiliar with the previous projects on this site and issued an additional building permit
in error.
REPORT OF POSTING AGENDA
Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on November 4, 2004.
REPORT OF APPEAL RIGHTS
Director Tom Sullivan announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision, pursuant to Municipal Code 15.90.050(b).
CONSENT CALENDAR
There were no Consent Calendar Items.
***
PUBLIC HEARING - ITEM NO. 1
APPLICATION #04-035 (386-52-029) GALEB, 20423 Seagull Way: The applicant requests Design
Review approval to construct a two-story single-family residence. The project includes the demolition
of an existing two-story residence. The total floor area of the proposed two-story residence and garage
Saratoga Planning Commission Minutes of November 10, 2004 Page 4
is 3,540 square feet. The floor area of the first floor is 2,299 square feet and the second floor is 1,241
square feet. In addition, a 1,752 square foot basement is proposed. The maximum height of the
proposed residence is 25 feet, 10 inches. The lot size is 11,250 square feet and the site is zoned R-1-
10,000. (CHRISTY OOSTERHOUS)
Associate Planner Christy Oosterhous presented the staff report as follows:
• Advised that the applicant is seeking Design Review approval to construct a new two-story single-
family residence and demolish an existing two-story residence.
• Stated that the total FAR would be approximately 3,500 square feet with a 1,700 square foot
basement. The maximum height would be 25 feet, 10 inches and the lot is 11,250 square feet. The
zoning is R-1-10,000. The footprint of the new home would be located predominately within the
existing home’s footprint. Varying rooflines and moldings would be incorporated. The
architectural style is a Mediterranean/Contemporary style incorporating stucco, stone accents and a
concrete tile roof.
• Reported that the neighbor to the east had requested screening landscaping to the rear yard. Twelve
24-inch box Italian Cypress trees would be planted to meet this concern.
• Stated that no trees are proposed for removal.
• Recommended approval.
Commissioner Nagpal asked about other two-story homes in the neighborhood. There appears to be no
other two-story homes within the immediate vicinity. She asked the height of other nearby two-story
homes.
Planner Christy Oosterhous advised that this is not toward the maximum scale allowed.
Commissioner Nagpal asked if any discussion had occurred about having the garage on the side.
Planner Christy Oosterhous replied yes. She added that the applicant resisted that design change.
Chair Garakani opened the Public Hearing for Agenda Item No. 1.
Ms. Lynn Bryan, Project Architect:
• Reported that this is an existing two-story home that is over 50 years old. It will be replaced with a
new two-story home with an attached garage that has been designed to fit into this neighborhood.
Most of the second floor is to the rear of the house. Behind this property there is a commercial
property.
• Advised that she used hip roof elements as much as possible to help mitigate height impacts and
they worked with neighbors regarding any privacy concerns.
• Stated that in lieu of the 24-inch box Italian Cypress recommended by staff, they are proposing the
planting of five-gallon Italian Cypress plants as they have been told that smaller plants actually
grow faster.
Commissioner Nagpal asked Ms. Lynn Bryan if having the garage on the side had been considered.
Ms. Lynn Bryan replied yes but there is not a lot of backup space for a side-facing garage. She advised
that a survey of the neighborhood shows that 50 percent of the garages face forward.
Saratoga Planning Commission Minutes of November 10, 2004 Page 5
Commissioner Nagpal asked Ms. Lynn Bryan if she had surveyed how many of the homes in the
neighborhood are one versus two-story homes.
Ms. Lynn Bryan replied no. She said that this was not an issue since this is an existing two-story house
on this site.
Commissioner Nagpal pointed out that the existing two-story home is only about 20 feet high.
Ms. Lynn Bryan said that the height proposed is needed so as to not compromise the architectural
design.
Commissioner Nagpal asked Ms. Lynn Bryan if it is possible to lower this proposed height.
Ms. Lynn Bryan replied no.
Commissioner Nagpal asked if the applicant is open to something other than the tile roof, perhaps a
non-tile material.
Ms. Lynn Bryan replied no. She added that there are at least two homes with similar style tile roofs
very close by.
Commissioner Nagpal replied that there is more common use of composition roofing materials.
Ms. Lynn Bryan advised that tile roofing is considered an upgraded roofing material to composition.
Commissioner Rodgers asked Ms. Lynn Bryan why the height of the house could not be reduced.
Ms. Lynn Bryan said that they went to a lot of effort to design a house where the second floor would
not be over the allowed height. In fact, only a small percentage of the ridge is at the maximum
proposed height while most of the roofline is lower than that. It is as low as it is because they worked
with the shape of the structure.
Commissioner Rodgers asked Ms. Lynn Bryan if they had talked with neighbors about a two-story
structure.
Ms. Lynn Bryan replied that the only issue raised by one neighbor was the request for screening.
Commissioner Zutshi asked what the next level of height was if only about a six-foot portion is at the
highest point.
Chair Garakani replied that it appears to be 25 feet.
Ms. Lynn Bryan reminded that they are meeting maximum height restrictions.
Mr. Jeff Walker, 20451 Seagull Way, Saratoga:
• Thanked Planner Christy Oosterhous for contacting neighbors about this project two months ago.
• Expressed support for the project.
• Pointed out that many houses in the neighborhood are in bad need of upgrade.
Saratoga Planning Commission Minutes of November 10, 2004 Page 6
• Stated that the setbacks are met and that the architectural details benefit the house and the
neighborhood.
• Urged approval.
Commissioner Zutshi asked Mr. Jeff Walker if he is concerned at all that this house is at the maximum
allowed square footage.
Mr. Jeff Walker replied no, not as long as it meets requirements.
Commissioner Nagpal asked Mr. Jeff Walker if he would like to see this area become a predominately
two-story neighborhood.
Mr. Jeff Walker:
• Replied yes.
• Added that he does not want to restrict any owner’s rights.
• Pointed out that there is a mix of one and two-story homes in the area.
• Advised that this is the wave of the future and he does not mind at all.
Commissioner Rodgers asked Mr. Jeff Walker if he thinks the garage door could be turned 90 degrees.
Mr. Jeff Walker replied that there would be insufficient turnaround space. This is only a 75-foot wide
lot. Suggesting that an alternative to concerns about the appearance of the front facing garage might be
to enhance the details on the garage.
Mr. Tomo Galeb, Applicant and Property Owner, 20423 Seagull Way, Saratoga:
• Explained that this has been a long 1.5 year process for him.
• Said that it is his goal to have to come before the Commission once and only once.
• Said that he had wanted his neighbors’ feedback and thought it was important to obtain it.
• Said that his neighbor to the east wanted screening landscaping and he was willing to come to a
reasonable solution to provide that screening.
• Reported that he has received only positive feedback from his neighborhood.
Commissioner Rodgers asked Mr. Tomo Galeb for his feedback on the horticultural issue.
Mr. Tomo Galeb deferred to his architect, saying that they had concerns with the staff recommendation.
Ms. Lynne Bryan suggested that the City consult with a horticulturalist regarding staff’s
recommendation for 24-inch box trees.
Director Tom Sullivan cautioned that the Commission would be adopting a Resolution this evening.
Chair Garakani closed the Public Hearing for Agenda Item No. 1.
Commissioner Zutshi expressed her surprise that this is the first time the Commission has received
positive neighbor feedback regarding a maxed out project.
Saratoga Planning Commission Minutes of November 10, 2004 Page 7
Commissioner Rodgers asked if this is the first time a one-story neighborhood property owner said that
they wanted their neighborhood to become a two-story neighborhood.
Commissioner Nagpal:
• Stated that when she toured this neighborhood, she saw a one-story neighborhood.
• Said that she is concerned about a house like this one going up here.
• Said that it is difficult for her to support this type of architecture at this juncture.
• Suggested that she would like to see a lower pitch roof, a more understated home with a garage to
the side. Perhaps more of a Craftsman architectural style rather than Mediterranean architectural
style.
• Expressed concern over the use of tile on the roofing.
• Stated her support for the staff recommendation for 24-inch box Italian Cypress to provide the
neighbor privacy screening.
Planner Christy Oosterhous:
• Said that the Italian Cypress is evergreen and fast growing. However, it needs to be sizeable to
provide the required privacy screening.
• Asked that if the Planning Commission sends this project back to staff for further work with the
applicant that the Commission provide staff with a size recommendation for the structure.
Commissioner Schallop:
• Said he was less concerned with a two-story home replacing an existing two-story home.
• Questioned if the concern is more the architectural style.
• Said that there are plenty of different architectural styles and that this is an updating of a
neighborhood.
• Stressed the importance of the Commission in focusing on what it thinks is right.
• Pointed out that although this project is at the maximum allowable, that is why the Code is there.
• Backed up staff’s recommendation regarding the landscaping.
Commissioner Rodgers:
• Said she sees a few problems and a few positives with this project.
• Said that there is currently a two-story home on this site.
• Pointed out that a neighbor said that a two-story is a positive thing.
• Said that two-story homes within a predominately one-story neighborhood is a sensitive issue and
that maxing out this home may be overwhelming for the neighborhood as it would not fit in the
character of the neighborhood.
• Stated that she is concerned about mass and would like to see the garage to the side.
• Said she did not mind the tile roof and agreed that there are other Mediterranean styled homes in the
area so she is inclined to go with that.
• Said she strongly supported staff regarding landscaping requirements as it is important to have the
ability to provide the neighbor with the privacy he needs.
Chair Garakani asked about the red of the tile.
Commissioner Rodgers replied that it is not that red to her. Questioned staff regarding the use of
aluminum windows as depicted on the sample board.
Saratoga Planning Commission Minutes of November 10, 2004 Page 8
Planner Christy Oosterhous said she did not believe the windows were aluminum.
Commissioner Schallop:
• Said that he is less concerned with setting precedent here.
• Said that someone who buys a two-story house should expect to be able to rebuild as a two-story.
• Stated that later applications can be distinguished if they are starting with an existing single-story
home.
Chair Garakani pointed out that the existing home is more of a 1.5 story house. What is proposed is a
maxed out project. The Commission must look at the land and what it can support. It would be nice if
larger setbacks were provided.
Commissioner Schallop pointed out that this is a question for the Code. That is why the Code is there.
Commissioner Nagpal advised that the Planning Commission does have discretion.
Chair Garakani:
• Pointed out that this is an old neighborhood.
• Stated he has a hard time supporting this application unless the house is reduced in size.
• Added he is not in support of the tile roofing proposed and suggested that slate might be more
compatible.
• Said that without a reduction in size, it is hard to support this project. It is too bulky.
Commissioner Zutshi:
• Agreed with Chair Garakani.
• Said that she had problems with both the size and height of this house.
• Stated that she is not in favor of such a big house on this size of lot.
Commissioner Rodgers pointed out the problem that could occur if all houses on the street were this
same size. She added that a part of the Planning Commission’s job is to look at the existing
neighborhood.
Commissioner Schallop pointed out that FAR varies by lot size.
Chair Garakani reminded that the issue is bulk and mass.
Commissioner Schallop:
• Pointed out that a neighbor has a Mediterranean style architecture and there are other two-story
homes in this neighborhood.
• Said the Commission must give a clear message.
• Reiterated that one should expect to be able to rebuild an existing two-story with a two-story.
Chair Garakani replied that this property does not support this bulk and mass and suggested that staff
work with the applicant further.
Commissioner Nagpal questioned whether this applicant wants to continue this item.
Saratoga Planning Commission Minutes of November 10, 2004 Page 9
Planner Christy Oosterhous suggested that the Planning Commission could require a certain percentage
in reduction or amount from height and staff could work with the applicant.
Chair Garakani re-opened the Public Hearing for Agenda Item No. 1.
Chair Garakani advised Mr. Tomo Galeb that the options are to continue this project to allow him to
work further with staff to change his design as the consensus is that the project would be denied.
Mr. Tomo Galeb:
• Said that three houses to the east of his is another home that is of similar architecture to his
proposal.
• Pointed out that everyone who has rebuilt in the area has maximized their homes.
• Reminded that he has complied with Code requirements and is not asking for any Variances from
Code.
• Stated that the only problem appears to be with members of the Planning Commission who do not
even live on his street.
• Stressed that his whole neighborhood is in support of his request.
Commissioner Garakani reminded Mr. Tomo Galeb that his choices are to work further with staff or
have his request denied by the Commission tonight and allow him to appeal to Council.
Mr. Tomo Galeb said he was willing to entertain the landscaping issue for the neighbor to the east but
to ask him to go back to the drawing board would require him to spend more money on his plans.
Mr. Kpa Galeb, father of applicant, 12468 Ted Avenue, Saratoga:
• Informed that he has resided in Saratoga for 47 years.
• Announced that he is perturbed by what is occurring this evening.
• Questioned why a property owner cannot express his own individuality when building his own
home.
• Pointed out that one of his own neighbors built a two-story next door to him with windows
overlooking his yard.
• Said that what is happening is not morally right. This is America, where everyone has the right to
be an individual.
• Reminded that the neighborhood supports this application. There are no complaints.
• Stressed that he does not understand.
• Said that they are not prepared to go back to the drawing board but would rather face the City
Council.
• Stated that this project meets the expectations of the neighbors.
• Declared that the Commission is going too far as they have met the City’s rules.
Ms. Laura Iseler, 18580 McFarland Avenue, Saratoga:
• Advised that she is not from this particular neighborhood.
• Said that she once lived in a Cupertino neighborhood where a structure such as this one would have
been seen as a dream.
• Stated that this home offers a nice transition.
• Said that she has never seen a two-story where the second floor is so set back.
• Said that she is in awe that this Planning Commission is all upset about this design.
Saratoga Planning Commission Minutes of November 10, 2004 Page 10
Mr. David Simmons, 18580 McFarland Avenue, Saratoga:
• Said that he too is not from this neighborhood.
• Added that he had never attended a Planning Commission meeting before tonight.
• Stated that deciding on the color of a roof tile is not a function of the Planning Commission. That is
a matter of opinion.
• Said that it is outrageous to insist on Craftsman versus Mediterranean style architecture. This is this
man’s house. His neighbors are the ones who will have to look at it.
• Added that he is flabbergasted by what he has heard here.
Mr. John Yfantis, 13135 Quito Road, Saratoga:
• Expressed his agreement with the previous speaker.
• Said he is an engineer and understands that rules govern, such as a Code.
• Stated that he has not heard of any violations of Code with this proposal but rather just the styles
and preferences of the Planning Commissioners.
• Suggested that it is not the jurisdiction of the Commission to impose style restrictions as long as
Code is met. It should be a balance of aesthetics, Code rules and good living.
• Said that since there are no violations here, a compromise should be reached.
• Asked the Commission to take a good look and leave personal preferences aside.
• Said that it may be easy for the Commission to say postpone a decision. For the applicant it costs
time and money.
• Said he would like to see a final resolution here tonight for the good of the City, the owners and the
neighborhood.
Chair Garakani re-closed the Public Hearing for Agenda Item No. 1.
Chair Garakani asked Director Tom Sullivan why this application is before the Commission if
everything about it meets Code.
Director Tom Sullivan replied that Code requires that the Planning Commission conduct design review
per the Zoning Ordinance. The Code sets out required findings for issues such as avoiding
unreasonable view impacts, minimizing the perception of bulk, compatibility with the neighborhood
and compliance with the Residential Design Handbook.
Chair Garakani asked Director Tom Sullivan why this application was not handled under an
Administrative approval process.
Director Tom Sullivan replied that Administrative approval is restricted to single-story homes less than
18 feet in height.
Chair Garakani announced that it is Code that requires this project to be before the Commission. He
stated his concerns being privacy impacts with the bedroom window being intrusive to the neighbor.
Commissioner Schallop suggested that the Commission take a vote and make the necessary findings to
support that vote.
Chair Garakani reiterated his issues as being privacy impacts and excessive bulk and mass.
Saratoga Planning Commission Minutes of November 10, 2004 Page 11
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the
Planning Commission DENIED Design Review approval (Application #04-035) to
construct a two-story single-family residence on property located at 20423 Seagull
Way, based upon non-compliance with required Findings A, D and E, by the
following roll call vote:
AYES: Garakani, Nagpal and Zutshi
NOES: Schallop and Rodgers
ABSENT: Hunter and Uhl
ABSTAIN: None
Mr. Tomo Galeb, the Project Applicant, angrily accused the Commission of bias in his case, claiming it
was because of nationality or religious differences, before leaving the Chambers.
***
PUBLIC HEARING - ITEM NO. 2
APPLICATION #04-151 (386-35-069) CHURCH OF THE ASCENSION, DIOCESE OF SAN JOSE,
12033 Miller Avenue: The applicant, Church of the Ascension, requests a Sign Permit to construct a
seven foot high freestanding, six foot wide by four foot high, illuminated sign along Prospect Avenue.
The Illuminated sign is proposed to replace the existing wooden sign at the southwest corner of Miller
& Prospect Avenues. (ANN WELSH)
Associate Planner Ann Welsh presented the staff report as follows:
• Advised that the applicant is seeking approval of a Sign Permit to allow the replacement of a
wooden sign at the corner of Prospect and Miller Avenues.
• Described the site as within an R-1-10,000 zoning district, which does not permit internally
illuminated signs.
• Said that the proposed sign has a total sign area of 24 square feet.
• Explained that she had conducted a windshield survey of churches and other religious buildings in
the community and found no precedent for an internally illuminated sign within 25 feet of the right-
of-way. Additionally, this sign would require an Exception to allow its height within a required
setback.
• Stated that staff believes this sign would adversely impact this residential neighborhood.
• Recommended denial.
Commissioner Zutshi asked staff if this is zoned Quasi Public Facilities.
Planner Ann Welsh replied that the Land Use designation is Quasi Public Facilities in the General Plan
but that the zoning is Residential. The Sign Regulations are within the Zoning Code.
Commissioner Rodgers asked if the Traffic Engineer has any policy regarding parallel versus
perpendicular signage.
Planner Ann Welsh replied that there is a required site distance triangle that must be maintained.
Chair Garakani opened the Public Hearing for Agenda Item No. 2.
Saratoga Planning Commission Minutes of November 10, 2004 Page 12
Mr. Ray Muzzy, 19518 Eric Drive, Saratoga:
• Stated to the Commissioners that their job is not an easy one.
• Said that the Commission is here to enforce the character of the City and is the protector of that
character. People live here for that character.
• Thanked the Commission for its work.
• Said that he sent a letter signed by three people.
• Explained that this sign would be more commercial in appearance and therefore out of character in
their residential neighborhood and out of place.
• Asked the Commission to maintain the standards of the City in this case. This is the wrong location
for this sign. It should be located closer to the entrance on Prospect and should not include internal
lighting.
• Expressed concern about the excessive lighting of the parish hall and suggested that perhaps the
Church can yield to the neighborhood concerns on this issue by reducing the wattage or putting in
reflective shields.
• Pointed out Jacqueline Cathcart’s email in which she states that the lights around this parish make it
look more like a gas station.
• Restated his encouragement to have the church reduce their lighting from 100 watt to perhaps 25 to
40 watt bulbs.
• Opined that the church needs to conform within the residential neighborhood in which it is located.
Chair Garakani cautioned that the issue of site lighting is not an issue for the Planning Commission this
evening but perhaps better dealt with as a Code Enforcement matter.
Mr. Ray Muzzy said he was simply asking the Commission to look into it.
Commissioner Schallop told Mr. Ray Muzzy that the photographs of other church signs have been very
helpful.
Chair Garakani closed the Public Hearing for Agenda Item No. 2.
Commissioner Nagpal stated that she was inclined to support the staff recommendation for denial as
this is a residential neighborhood and the City must be careful as to what signs are allowed within
residential neighborhoods.
Commissioner Schallop said that he agreed with the staff report and said that the findings to approve
this internally illuminated sign cannot be made. He added that the photographs support the fact that
other religious facilities in the City have wooden signs.
Commissioner Rodgers said that she agreed that the internally illuminated sign is not consistent with a
residential neighborhood and that she would support the staff recommendation for denial.
Commissioner Zutshi said that it does not look like a church sign and that this church should take a hint
from the other churches’ signs within the City.
Chair Garakani suggested that staff show the applicant the sample photographs of other church signs in
the community. He added that they are allowed to shine a light onto the sign without it having to be an
internally illuminated sign.
Saratoga Planning Commission Minutes of November 10, 2004 Page 13
Commissioner Zutshi pointed out that this is a busy street and they would probably need to shine a light
onto a wooden sign for it to be visible from the street.
Planner Ann Welsh agreed and said that it just needs to be indirect illumination rather than internal
illumination.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the
Planning Commission DENIED a Sign Permit (Application #04-151) for an
internally illuminated freestanding sign for the Church of the Ascension on
property located at 12033 Miller Avenue, by the following roll call vote:
AYES: Garakani, Hunter, Nagpal, Rodgers and Zutshi
NOES: None
ABSENT: Schallop and Uhl
ABSTAIN: None
Chair Garakani advised that the applicant has the right to appeal this decision within 15 calendar days.
***
PUBLIC HEARING - ITEM NO. 3
APPLICATION #04-128, 129, 130, 131 & 132 (389-14-037) SAGARCHI, 13089 Quito Road: The
applicant requests Design Review approval to construct five single family homes on the site of the
former Dorcich Orchard, which was approved for a six lot subdivision on 11/12/03. The proposed
homes are designed to be compatible with the style of the historic farmhouse, which is being moved
and restored on Lot 5. The homes are two-story structures with a maximum height of 25 feet, 6 inches.
The floor area of the homes range in size from 3,366 square feet to 3,517 square feet. The property is
in the R-1-10,000 zoning district. The subdivision landscaping and Quito Road sound wall are also the
subject of review. (ANN WELSH)
Associate Planner Ann Welsh presented the staff report as follows:
• Advised that the applicant is seeking Design Review approval to construct homes on five of six lots
in the Dorcich subdivision (Application #04-128 through Application #04-132.
• Reminded that the Commission in December 2003 approved the Tentative Subdivision Map. The
Final Subdivision Map is not yet completed.
• Reported that the original Dorcich farmhouse would be restored and relocated to Lot 5.
• Described the architectural style as Craftsman with slate roofs and lap siding. The homes would be
two-story and consist of between 3,330 and 3,500 square feet within a R-1-10,000 zoning district.
• Said that the landscaping and sound wall along Quito Road is also to be considered with this
review.
• Said that this development represents a significant departure in character from the surrounding
homes and would create a greater precedence for two-story homes in the area, setting a new
standard.
• Added that it is important to pay attention to the sound wall.
• Recommending approval of the bulk and mass of the two-story homes since they result in a range of
only 22 to 30 percent average impervious surfaces, less than would be the case if the homes were all
single-story.
Saratoga Planning Commission Minutes of November 10, 2004 Page 14
• Said that architectural detailing is fairly simply and staff is recommending revisions to better reflect
the character of the original farmhouse.
• Stated that the proposed concrete sound wall is not found to be in keeping with the area. Neighbors
in the area have indicated a preference for wood fencing along Quito and Martha.
Commissioner Zutshi asked staff for the wall height.
Planner Ann Welsh replied that the wall is allowed at a maximum eight foot height at the property line
due to the busy road. The fence along Quito to Martha is proposed to be constructed of wood.
However, staff is recommending heavy duty lapped siding fencing otherwise known as board on board,
which is more in keeping with Craftsman architecture. The stucco with brick wall originally proposed
is not in keeping with this development.
Commissioner Zutshi pointed out that there are no solid walls along Quito on this side.
Director Tom Sullivan reminded that close to the railroad tracks there is actually a solid stucco wall that
is eight to nine feet tall.
Commissioner Rodgers complimented staff for the incredible packet of material provided in the report.
She pointed out that the houses on Lot 1 and Lot 6 are mirror images of each other as are the houses in
Lot 3 and Lot 4. Asked staff if this was recommended.
Planner Ann Welsh replied that there is a minimum required distance from the intersection for the
driveways for these homes to allow backing out space. The road will be a standard public road width.
Chair Garakani reported that this road width is 40 feet.
Commissioner Rodgers stated the need for more Craftsman detailing guidelines.
Planner Ann Welsh replied that standard Craftsman homes do not look like these homes. They
typically have steeper pitched roofs, gables and larger front porches. The design is not of a strict
Craftsman design but more inspired by Craftsman design. Added that she is trying to get more detail to
add character.
Commissioner Rodgers stated that the Craftsman architectural style includes more horizontal feel to
them rather than vertical. They have broad and wide pitch roofs and are solid looking homes. Asked
staff what additional elements should be considered.
Planner Ann Welsh replied that the two-story format is acceptable even though this is a single-story
neighborhood. Earlier in the process there was controversy over that issue, which may again be raised
this evening. She said that the façades need work with additional detailing. However the footprint,
bulk and mass are acceptable. Each lot would require four dry wells on site and sufficient green space
is required on each lot to accommodate water on site.
Commissioner Rodgers said that she had no opinion yet on the two-story aspect although there are lots
of two-story Craftsman houses out there. She asked if there is a single-story overlay for this area.
Planner Ann Welsh:
Saratoga Planning Commission Minutes of November 10, 2004 Page 15
• Replied no.
• Added that most neighbors signed letters of notification about this project while two did not. Some
neighbors want the area to stay single-story.
• Added that this project will impact this part of Quito Road.
• Stated that she would like to see more pedestrian amenities in this area. At the present time one
cannot safely push a baby stroller around in this area.
Commissioner Schallop asked if there is a setback question for Lot 2.
Planner Ann Welsh replied that it is about 2.5 feet closer than it should be and needs to be redesigned to
meet required setbacks.
Commissioner Nagpal reminded that no discussion has occurred about single-story versus two-story
structures. She added that discussion also needs to occur regarding the articulation of the proposed
fence line.
Planner Ann Welsh said this is a good suggestion. She reiterated that she would like to see more
pedestrian amenities in that area to set the tone for the future.
Commissioner Nagpal asked if the decision to move the farmhouse to Lot 5 is final.
Chair Garakani reminded that some had originally thought that this farmhouse should be closer to Quito
Road so it is more visible from Quito Road, perhaps moved to Lot 3.
Commissioner Rodgers reminded that Commissioner Hunter had proposed Lot 1 for the farmhouse.
Planner Ann Welsh said that there had been comments received from neighbors who felt that the
farmhouse should be visible from Quito Road.
Chair Garakani asked how about Lot 3.
Planner Ann Welsh advised that Lot 3 is considered a premium lot as it is larger and the applicant does
not want to put this small farmhouse on that large lot.
Commissioner Rodgers asked staff about the recommendation from the Heritage Preservation
Commission. Did they want the farmhouse to face Quito Road or simply be visible from Quito Road.
Chair Garakani said that the Heritage Preservation Commission just wanted to keep the farmhouse
somewhere on the property.
Chair Garakani opened the Public Hearing for Agenda Item No. 3.
Mr. Salim Sagarchi, Applicant and Property Owner:
• Reported that he has worked with the Planning Department for six to seven months to develop the
design of this project.
• Assured that he meets the City’s guidelines, including setbacks and heights.
• Added that they are preserving as many of the trees as possible and designed the homes around
existing trees.
Saratoga Planning Commission Minutes of November 10, 2004 Page 16
• Said that they have respected the demands of the neighbors to protect views.
• Advised that they designed homes with similar characteristics to the old farmhouse, adding that
some people don’t want the farmhouse there while others do. He said that in his mind, the old
farmhouse is just a square box. The houses they have designed are more acceptable with some of
the characteristics of this old farmhouse.
• Reported that most neighbors signed off on this project.
• Agreed that some neighbors have problems with the originally proposed sound wall and it has been
redesigned as a wooden fence as preferred by most. He added that if he needs to modify this fence
more, he is willing. There are many ways to build this fence and he is open to any ideas.
Chair Garakani asked Mr. Salim Sagarchi for the proposed height.
Mr. Salim Sagarchi replied eight feet, six feet of solid fence with two-foot lattice. He reminded that he
has to leave room at the bottom of the fence to allow water to flow down to the street.
Chair Garakani asked Mr. Salim Sagarchi if he is open to reducing or eliminating the lattice.
Mr. Salim Sagarchi replied yes.
Chair Garakani opined that lattice does not look good.
Mr. Salim Sagarchi stated that no matter what, this fence should have a height of eight feet for privacy
even if it is completely constructed of solid wood.
Chair Garakani asked Mr. Salim Sagarchi if it is feasible to relocate the farmhouse to a different lot.
Mr. Salim Sagarchi reminded that this matter was discussed at two different Heritage Preservation
Commission meetings. At one point it was suggested that the farmhouse be placed on Lot 3. However,
the adjacent neighbor objected so it was moved to Lot 5. He added that he does not want to place this
small farmhouse on a 14,000 square foot premium lot.
Mr. David Simmons, 18580 McFarland Avenue, Saratoga:
• Stated that his only concern is the large fig tree on this property.
• Asked the Commission to ensure the preservation of this heritage tree that may be over 100 years
old.
• Advised that everyone who sees this tree is in awe of it.
• Urged the Commission to save that tree.
Chair Garakani pointed out that a lot of branches touch the ground and with pruning would not leave
much on top.
Mr. David Simmons disagreed. He stated that the tree has not received proper care for a number of
years but could likely be preserved with maintenance.
Director Tom Sullivan pointed out that the tree in question (Fig) is on Lot 5, which is not under
consideration this evening.
Saratoga Planning Commission Minutes of November 10, 2004 Page 17
Commissioner Nagpal said that she is open to the movement of the farmhouse. The neighbors are
happy to have it right behind their home. Agreed that it is a gorgeous tree.
Mr. Christopher Ducote, 18569 McFarland Avenue, Saratoga:
• Identified himself as an adjacent neighbor.
• Stated that he had a major objection to a two-story next to him and is adamant about that, as this is
90 percent singles-story neighborhood.
• Pointed out that the homes in the vicinity run between 1,100 and 1,200 square feet. None are 3,500
square feet. These homes are way out of character with this neighborhood and don’t match the
neighborhood.
Commissioner Nagpal asked Mr. Christopher Ducote if his property is adjacent to Lot 3.
Mr. Christopher Ducote replied yes.
Ms. Janet Lynch, 18581 McFarland Avenue, Saratoga:
• Said that her home is directly across.
• Stated that there are a wide variety of home types in the area and that she would like to see these
five homes blend into the existing neighborhood.
• Suggested that these homes proposed are far too large and will never blend in. They will dominate
the skyline like the New York City skyline.
• Said that Mr. Salim Sagarchi has told her that it is not feasible to do a mixture of one and two-story
homes in this development but that she does not feel that this neighborhood should be changed by
his financial concerns. They have a very nice neighborhood here.
• Reminded that trees have been promised in certain areas of the development
Commissioner Zutshi said that she hopes trees are not only planned for the side.
Ms. Janet Lynch said it was important that trees were added where promised.
Mr. Kelvin Kwong, 18566 Martha Avenue, Saratoga:
• Advised that his home is located directly across from Lot 1.
• Said that when looking at the proposed drawings for the fence across the street from him, it appears
like it is six feet tall.
Chair Garakani reported that the fence there is three feet tall.
Mr. Kelvin Kwong said that if this fence were to be six feet tall it would have a dramatic impact on his
home. Added that he is not sure why this fence is here.
Planner Ann Welsh assured that any fence would have to meet fencing requirements. It would have to
be set back 25 feet from the property line before it could be six feet in height.
Chair Garakani stated that this is part of Code and no Variances are being offered here.
Ms. Elizabeth Lara, 18862 Devon Avenue, Saratoga:
• Thanked the Commission for its review and hard look at this project.
Saratoga Planning Commission Minutes of November 10, 2004 Page 18
• Reminded that the last time she spoke about this project was last year and that she also had
participated in the Heritage Preservation Commission meetings.
• Stated that she saw the farmhouse as a landmark to this area and wanted the home to be more
visible from Quito Road.
• Said that Salim has promised to place trees at the proximity of each lot.
• Pointed out that the homes in this area consists predominately of single-story homes with many
owners who have been in the area 40 to 50 years. Everyone needs to come together in a
compromise.
• Stated that the issue of the sound wall needs to be looked at more. There are no sound walls in this
part of Saratoga. Fencing tends to be redwood.
• Cautioned that this new development should feel like it is part of this neighborhood.
• Recommended that both fencing and landscaping be looked at further.
Chair Garakani pointed out that Lots 3 and 4 would have trees added.
Ms. Elizabeth Lara said that trees were promised for Lots 1, 2, 3 and 4.
Chair Garakani said that more trees should be added to the Quito side.
Ms. Elizabeth Lara replied that she loves trees and the more the better.
Chair Garakani asked Ms. Elizabeth Lara her opinion on the Fig tree.
Ms. Elizabeth Lara replied that she can take or leave figs but that she hopes the Commission
recommends keeping this tree.
Commissioner Nagpal asked if the Heritage Preservation Commission specified which lot was best for
the farmhouse.
Ms. Elizabeth Lara replied Lot 5.
Commissioner Rodgers asked Ms. Elizabeth Lara if she had looked at the landscape plan and proposed
types of trees.
Ms. Elizabeth Lara replied no.
Mr. Po-Yung Chang, 13043 Quito Road, Saratoga:
• Said his home is located next to Lot 4.
• Said he is concerned about having a two-story next door and prefers not to.
• Added that the sound wall is a concern, as he would prefer not to have an eight-foot high stone wall
next to his property.
Commissioner Rodgers asked Mr. Po-Yung Chang to take a moment to look at the drawing of the
proposed wooden fence.
Mr. John Yfantis, 13135 Quito Road, Saratoga:
• Thanked the Commission for its patience and said that some people get over-excited.
Saratoga Planning Commission Minutes of November 10, 2004 Page 19
• Asked the Commission to consider bulk, mass, height, walls and the overall identity of the Quito
Road area and do some damage control.
• Said that the City made a mistake in allowing a sound wall previously on Quito so it can’t deny this
applicant now.
• Said with these new houses being built as two-story structures, the signature of this neighborhood
would change.
• Cautioned that if in the future neighbors want the same entitlements as are being offered here, they
should get them. One example is two-story homes.
• Said he leaves it in the Planning Commission’s judgment to do damage control and that bulk and
mass is unavoidable as the precedent was set before.
• Reiterated that he reserves the right to claim the same entitlements for a two-story structure in the
future as the picture has changed.
Chair Garakani asked Mr. John Yfantis if his home is located on the Corner of Quito and Martha.
Mr. John Yfantis replied yes.
Commissioner Nagpal asked Mr. John Yfantis for his opinion on the treatment of the fencing in front of
Lot 6.
Mr. John Yfantis said that he is not here to object but rather leaves it to the judgment of the
Commission.
Commissioner Nagpal asked Mr. Yfantis if he objects to a proposed two-story on Lot 6.
Mr. John Yfantis replied no.
Ms. Laura Iseler, 18580 McFarland Avenue, Saratoga:
• Stated that her home abuts Lot 2 and Lot 3.
• Said that while she can understand the desire to have the farmhouse facing Quito Road, it would
actually be the back of the house and located behind an eight-foot high fence.
• Said that it were decided to relocate the farmhouse to Lot 2, she would be fine with her.
• Advised that the proposed wooden fencing with lattice is commonly used and attractive.
Mr. Salim Sagarshi, Applicant and Property Owner, 13089 Quito Road, Saratoga:
• Said that he has heard the concerns about the tree, fencing and two-story issue.
• Reminded that the main reason for having two-story homes is to comply with the recommendations
of the Best Management Practices Guidelines to keep storm water on the lot. It is important to keep
the footprints smaller rather than larger.
• Said that there is a two-story on site already and he has matched the other five homes to this two-
story farmhouse.
• Stated that there are many 3,000 square foot homes in this area and that these homes are within
expected limits for their lot sizes.
• Reported that he has carefully listened to the neighbors and compromised and modified his plans
accordingly.
Chair Garakani asked Mr. Salim Sagarshi the length of the fencing along Quito Road.
Saratoga Planning Commission Minutes of November 10, 2004 Page 20
Mr. Salim Sagarshi replied between 280 and 300 feet.
Chair Garakani asked Mr. Salim Sagarshi if it would be possible to break this fence up, perhaps by
replicating what was done on the other side of the street.
Commissioner Nagpal agreed that an articulated fence with a walkway and landscaping would be
important.
Chair Garakani said it would be better to break up the fencing, have in jog inward to allow a tree to be
planted on the Quito side of the fence.
Mr. Salim Sagarshi cautioned that this would be changing setbacks.
Director Tom Sullivan said that this would result in a private property tree being located on the public
side of the fence.
Mr. Salim Sagarshi said he was very flexible on the fence design.
Commissioner Rodgers asked if Mr. Salim Sagarshi had talked to the realtor about variety of housing
styles and pointed out that these five are basically the same. She asked why that was the case.
Mr. Salim Sagarshi said that there are five houses with four models. Actually, there are not many
duplications. Added that he can change materials to vary the elevations more. Assured that he wants
to be able to sell these houses and does not want to do something that is not right.
Commissioner Rodgers asked Mr. Salim Sagarshi if he means to wait for a buyer before making the
final materials selections.
Mr. Salim Sagarshi replied no. However, he added that if asked by a potential buyer, he would check
with the City on the feasibility of making any requested changes.
Commissioner Rodgers expressed concern for the potential threat of carbon monoxide vapors for the
proposed bedrooms over garage spaces.
Director Tom Sullivan assured that there is solid fire wall standard construction for the garage and
therefore no threat of vapors into the house.
Commissioner Nagpal asked about the possibility of having a variety of one and two-story homes.
Mr. Salim Sagarshi said this would be a problem.
Chair Garakani said that some of the neighbors seem to want trees and others do not. Asked Mr. Salim
Sagarshi if he knows which lots are which as far as the planting of trees is concerned.
Mr. Salim Sagarshi said that he has told the neighbors that he would install trees. A separate landscape
plan will depict where the trees would go.
Saratoga Planning Commission Minutes of November 10, 2004 Page 21
Chair Garakani again asked Mr. Salim Sagarshi if he is aware which neighbors do or do not want trees.
Mr. Salim Sagarshi said he would be sure to discuss with each neighbor.
Chair Garakani asked what type of landscaping was proposed along Quito Road.
Mr. Robert Blach, Project Landscape Architect, replied that whatever landscaping is planted would be
complimentary to whatever fencing is decided upon.
Chair Garakani suggested that planting bushes would help break up the massiveness of the wall.
Mr. Robert Blach said that a step effect would absolutely help break up the appearance of the wall and
reminded that the planting area is somewhat limited, particularly with a pedestrian path.
Chair Garakani said he recommends a seven-foot high solid wood fence with a one-foot wide lattice.
Commissioner Rodgers asked if Spanish Live Oaks are proposed.
Mr. Robert Blach said he does not recall but that the Common California Live Oak would be a good
choice. He added that all trees that can be salvaged would be.
Commissioner Rodgers cautioned that the Arborist has recommended that no large boulders be placed
under any trees and suggested that he consult with the Arborist before placing boulders too close to
trees.
Chair Garakani closed the Public Hearing for Agenda Item No. 3.
Commissioner Rodgers:
• Said that she finds the designs for all five houses to be very similar with the garages facing the
street.
• Stated that she has concerns about trees and privacy impacts and single versus two-story structures.
• Said that in her experience Craftsman style architecture is not so boxy. The farmhouse itself has a
more graceful proportion than the five new homes.
• Pointed out that the houses on Lot 1 and Lot 2 have rather blank elevations on the rear and right
elevation. In fact, there several elevations with rather blank walls.
• Opined that this development appears to be a neighborhood onto itself and not sufficiently
integrated into the existing neighborhood.
Commissioner Zutshi:
• Agreed that the houses look very similar.
• Concurred that there are rather blank looking walls on some of the elevations but that she is not sure
what can be done.
• Said that it appears that the wall and screening issues have been taken care of.
Commissioner Rodgers called the blank elevations rather unadorned.
Commissioner Zutshi said that the applicant might have tried too hard to match the farmhouse.
Saratoga Planning Commission Minutes of November 10, 2004 Page 22
Commissioner Rodgers agreed that the applicant might have been overly constrained in design options.
Commissioner Schallop:
• Pointed out that the design is being driven by the existing farmhouse structure.
• Questioned whether the applicant actually desired to match the farmhouse or was he driven to do so
by the desires of the Heritage Preservation Commission.
• Asked whether the Commission has the authority to overturn that decision.
Commissioner Nagpal said that a lot of discussion occurred regarding the placement of the farmhouse
on Lot 5.
Planner Ann Welsh reported that the recommendation was that the homes were not to be constructed of
stucco with tile roofs.
Commissioner Schallop:
• Pointed out that a lot of new homes incorporate that style of home with stucco and tile roofs.
• Expressed that stucco homes with tile roofs might actually have more value that what is being
proposed tonight.
• Suggested that the Commission take a step back as what is here tonight is not the best possible
proposal.
• Said he believes the applicant’s hands were tied.
Chair Garakani reminded that several of the neighbors wanted the houses to match the farmhouse.
Director Tom Sullivan cautioned that the point of determining whether the farmhouse stays or not has
passed.
Commissioner Nagpal:
• Said that the farmhouse would not be visible if placed on Lot 5.
• Stated that not all of these homes must be two-story.
• Stressed the importance of making sure that the farmhouse is placed on the right lot.
• Suggested that the project results in six two-story bulky homes visible off of Quito Road.
Commissioner Rodgers said that one-story homes would help highlight the farmhouse.
Commissioner Nagpal expressed her agreement that the homes have very similar design and that she
would like to see more creativity with the design of these homes. She said that the issue of landscaping
and trees comes into question too.
Commissioner Rodgers said that there is constraint on size and height based upon moisture on the
ground and the need to incorporate dry wells on each lot to manage water.
Chair Garakani pointed out that one-story homes would create more impervious surface.
Commissioner Nagpal restated that this is a predominately single-story neighborhood and these homes
are too large.
Saratoga Planning Commission Minutes of November 10, 2004 Page 23
Commissioner Schallop said that the key question seems to be whether the Commission is prepared to
approve five new two-story homes in this neighborhood.
Chair Garakani said that consensus seems to be that a couple of the homes should be single-story or at
most 1.5 story homes.
Commissioner Schallop asked why that is the case? Is it because the neighborhood cannot support this
many two-story homes?
Commissioner Nagpal said that this is a predominately single-story neighborhood located right off
Quito Road and this project creates quite an appearance of bulk and it appears very much as if it is its
own separate neighborhood.
Chair Garakani asked if the Commission wants to send the project back for design modifications.
Commissioner Schallop asked staff if these homes are required to be two-story.
Planner Ann Welsh replied no. It would be possible to accommodate a single-story home on the larger
lots but it does limit to a certain extent.
Commissioner Zutshi said that these homes look too much alike.
Commissioner Rodgers:
• Said that the Craftsman style is nice and can be made to look very different. Some are one story.
Others are 1.5 or two-story. There are more differences available than are depicted here.
• Stated that she is worried that this applicant has been overly restricted and suggested that the
applicant work further with staff.
Director Tom Sullivan said that staff is willing to continue to work with the applicant.
Chair Garakani re-opened the Public Hearing for Agenda Item No. 3.
Mr. Sia Hashemi, Development Partner with Mr. Salim Sagarshi:
• Said that he has been involved in all aspects of this development process.
• Said that a lot of issues keep coming back to them.
• Reported that the blank walls were specifically designed with privacy preservation of neighbors in
mind so as not to look directly into neighbor’s homes.
• Said that the dry wells are required from the Storm Water Management District. They have been
imposed upon the project to manage rainwater on site, using dry wells and French drains.
• Advised that the site conditions preclude them from installing basements because they would
become flooded.
• Added that if the house footprint were too large, it would limit landscaping opportunities.
• Suggested that if these homes look too much alike, facades can easily be modified.
Chair Garakani re-closed the Public Hearing for Agenda Item No. 3.
Commissioner Nagpal asked staff why basements are not possible.
Saratoga Planning Commission Minutes of November 10, 2004 Page 24
Director Tom Sullivan said that the geotechnical people want water drained away from a house as soon
as possible.
Planner Ann Welsh stated that it is not impossible to have a basement if dry wells are located
sufficiently far away from the house.
Commissioner Nagpal said it appears the first issue to decide is the single versus two-story issue.
Commissioner Schallop:
• Agreed with Commissioner Nagpal.
• Said that some neighbors mentioned this issue but none seemed significantly concerned.
• Asked what basis the Commission might impose a mixture of one and two-story homes.
Commissioner Rodgers reminded that this was an issue even last November. She asked staff about the
process to designate a Single-Story Overlay District.
Director Tom Sullivan advised that the City does these designations based upon a petition from
residents. Only one neighborhood in the City, Saratoga Woods, currently has a Single-Story Overlay
District designation.
Commissioner Rodgers asked if this neighborhood has requested to become one.
Director Tom Sullivan replied no. There was not enough support to support a Single-Story Overlay
District. He said that property owners have to consider protecting the character of their neighborhood
versus giving up a right.
Commissioner Nagpal said that land use and planning issues must be taken into consideration and not
only neighbor support.
Commissioner Zutshi asked how many of these lots would require dry wells.
Planner Ann Welsh replied all of them. The dry wells would be located in the corners of each lot. She
reminded the Commission that all of these lots are well under the allowable impervious surface
coverage.
Commissioner Nagpal asked staff to verify that there is no engineering limitation that would prevent the
inclusion of basements.
Planner Ann Welsh replied that she thinks so. However, they might have to move the dry wells.
Chair Garakani asked if a single-story home could be 26 feet tall.
Director Tom Sullivan replied yes.
Commissioner Nagpal said that the design would have to be conducive to the lot.
Director Tom Sullivan suggested that perhaps Lot 1 and Lot 6, at the entrance of the cul-de-sac might
be the ones developed with smaller 1.5 story homes.
Saratoga Planning Commission Minutes of November 10, 2004 Page 25
Chair Garakani said that it would be nice if that could occur.
Commissioner Rodgers said that it sounds like it could be a wonderful transition.
Chair Garakani said that the recommendation is for three two-story homes and two 1.5-story homes.
Commissioner Nagpal asked if the Commission is prepared to consider a one-story model.
Commissioner Rodgers suggested that the applicant work with staff to offer more variety in design.
Commissioner Nagpal expressed the importance of considering the impact from Quito Road.
Chair Garakani said that the architecture as seen from Quito Road should be carefully considered. He
suggested placement of trees between Lots 4 and 5 and between Lots 5 and 6 to help break up the wall.
Mr. Salim Sagarshi said that he was willing to work with staff.
Commissioner Zutshi asked whether staff could work out the remaining issues.
Director Tom Sullivan said that staff is more than capable of working with the applicant. However, if
he were on the Planning Commission, he would want to see the revised 1.5-story designs.
Commissioner Nagpal asked how quickly this could be brought back to the Commission.
Planner Ann Welsh said that the plans would have to be revised and that perhaps the second meeting in
January would be the meeting at which the two new 1.5-story units could be considered. She reminded
that the new hearing date would need to be advertised.
Commissioner Rodgers suggested approving the back lots and having Lot 1 and Lot 6 come back to the
Commission.
Planner Ann Welsh reported that there are five separate resolutions drafted and three could be approved
while two come back with the redesign.
Chair Garakani asked about bringing the two redesigned homes back on December 8th.
Director Tom Sullivan said that this is possible since the advertisement for that meeting would go out
next Tuesday.
Mr. Salim Sagarshi urged the Commission to approve the other three homes.
Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Zutshi, the
Planning Commission granted Design Review approvals for Lots 2, 3 and 4
(Applications #04-129, 130, 131) on property located at 13089 Quito Road, with the
applicant directed to work with staff on design modifications as discussed this
evening, by the following roll call vote:
Saratoga Planning Commission Minutes of November 10, 2004 Page 26
AYES: Garakani, Nagpal, Rodgers, Schallop and Zutshi
NOES: None
ABSENT: Hunter and Uhl
ABSTAIN: None
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Rodgers, the
Planning Commission CONTINUED consideration of Design Review approvals for
Lots 1 and 6 (Applications #04-128. 132) on property located at 13089 Quito Road,
to the next Planning Commission meeting on December 8, 2004, with the applicant
directed to work with staff for redesign of these two structures to a 1.5 story design,
by the following roll call vote:
AYES: Garakani, Nagpal, Rodgers, Schallop and Zutshi
NOES: None
ABSENT: Hunter and Uhl
ABSTAIN: None
***
DIRECTOR’S ITEMS
Director Tom Sullivan reminded the Commission that the next regular meeting on November 24, 2004,
has been cancelled due to its proximity to the Thanksgiving Holiday.
COMMISSION ITEMS
Director Tom Sullivan reminded the Commissioners that the Commissioners’ Training would occur on
Monday and include the same sessions as last year’s training.
COMMUNICATIONS
There were no Communications items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Nagpal, seconded by Commissioner Scallop, Chair Garakani adjourned
the meeting at 10:53 p.m. to the next Regular Planning Commission meeting of December 8, 2004, at
7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk