HomeMy WebLinkAbout1998 Planning Commission MinutesCITY OF SARATOGA
PLANNING COMMISSION MINUTES
TUESDAY, DECEMBER 9, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Chairman Pierce called the meeting to order at 7:30 p.m.
Roll Call:
Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chairman Pierce
Absent: None
Staff. Director Walgren
Pledge of Allegiance
Minutes - November 24, 1998
On a motion by Commissioners Patrick / Martlage, the Commission approved the November 24, 1998 minutes
with the following amendments:
- Page 1, under Roll Call, indicate Commissioner Bernald in attendance.
- Page 1, under Oral Communications, correct the spelling of Marcia Fariss.
- Page 1, under Oral Communications, line 5, amended to read: "...community what happens in the
Via} Argonaut Shopping Center ... She felt that a blanket statement was made by Mrs. Fariss
Without getting enough facts..."
- Page 2, Agenda Item 1, paragraph 1, line 2 amended to read: "...Fire district's review. He did not believe
that the fire district requested additional conditions on their transmittal but that staff noted that the
high fire hazard area boundary has been extended to run north -south along Saratoga - Sunnyvale Road and
the middle of Highway 9..."
- Page 6, paragraph 2, line 4 amended to read: "...You have the traffic for restaurants but that there are only
a few commercial +dets properties that exist (small office buildings) pr-apeAy that do fiet have
provide a tax base during the day."
- Page 6, paragraph 7, line 2 amended to read: "She asked if the vendors are happing hoping that whem
things tu-n nd that the Area ill develop commercial development might aff4 enhance their
businesses.
- Page 7, paragraph 4 amended to read: "Commissioner Bernald said that the Davis property exists as an
office - commercial use and that there is the aptieo of being developed as has been consideration for
development of bed and breakfasts ^r. ffli^th°~ use in the past.
- Page 7, paragraph 5, amended to read: "...block from the Village and that she does not patronize the
Village as often as she might like and as frequently as individuals who live further away might do. To
state that there is going to be a family that will shop in the Village is Femate subjective and shouldn't be a
consideration as to whether or not the site becomes "residential ".
- Page 8, paragraph 9, replace Wavis' with Davies'.
PLANNING COMMISSION N#JTES
DECEMBER 9, 1998
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Oral Communication
No comments were offered.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on December 4, 1998.
Technical Corrections to Packet
Director Walgren indicated that there were no technical corrections to the packet.
1. V -98 -011 (503 -19 -157 - LOH, 20651 Leonard Road; Request for Variance approval to allow a recently
constructed detached accessory structure to both exceed the maximum permitted floor area for the site
and to encroach into the required 30 foot front yard setback. The structure was built without City
building permits. The Variance application includes a gazebo structure and a detached rear yard deck
that also encroach into required setbacks and were also built without permits. The subject property is
1.48 gross acres in size and is located within an R -1- 40,000 zoning district. (CONTINUED TO 1/13/99
AT THE RECOMMENDATION OF STAFF).
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ON A MOTION BY COMMISSIONERS PATRICK/BERNALD, THE COMMISSION UNANIMOUSLY (7 -0)
APPROVED CONSENT CALENDAR ITEM 1.
PUBLIC HEARINGS
2. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for
Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each.
Subdivision approval is required to divide the property into three lots (one lot for each of the two units
and a third lot for common space). Use Permit approval is required to allow residential development in
the CH -2 zoning district without a commercial component of the project. Dedicated public open space is
also a requirement of approval. The site is 16,160 square feet. (CONTINUED FROM 11/24/98).
Director Walgren presented the staff report.
Chairman Pierce opened the public hearing at 7:45 p.m.
Gene Zambetti, applicant, informed the Commission that he would be occupying rear unit B. He stated his
agreement with the staff report, including the open space to the rear of the property. He said that he would like
the surrounding neighbors to know that he will be working to make sure that the open space fits within the
community and that no problems will result with the open space and its access. He requested that the project be
approved this evening. He informed the Commission that lie will be preserving some of the existing tiles and
incorporate them in the design of the garden. He said that he is willing to strike a balance with the open space to
allow the community to enjoy the creek area.
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DECEMBER 9, 1998
PAGE -3-
Gary Kohlsaat, project architect, reflected on what was discussed in the study session regarding the architecture
of the building. He said that he worked with the constraints associated with the site and that he created shadow
lines to articulate the design. He stated that the next door neighbor may have a view of the building(s) but noted
that a fence would be installed and that the existing trees will screen this development. He said that additional
screen trees can be planted to provide privacy to the residents, if necessary.
Commissioner Murakami referred to the second page of the revised drawings. He asked if the changes mentioned
by Mr. Kohlsaat were being incorporated? Mr. Kohlsaat informed the Commission that the changes he indicated
would not be reflected on the revised drawings. He indicated that the existing pines will be removed and that they
will be replaced with either redwood or oak trees.
Commissioner Kaplan asked if there was any room on the sidewalk front parking strip to provide public access
seating such as the installation of a bench at the curb as discussed in the past? Mr. Kohlsaat responded that the
entire parking strip is taken up by the transformers, utilities and a street tree. He said that there is a small section
in the park strip that could accommodate a bench similar to that of a bus stop bench. He stated that the project is
proposing to dedicate more than the minimum amount of open space required down below and that it is preferred
to keep the open space down below to give the resident of the front unit a semi- private area.
Lee Grey, President of the Saratoga Homeowners Association, expressed concern with the courtyard access to
the Saratoga Creek. He said that the creek is polluted and that individuals walk up the creek and access his
property and Big Basin (private property). He expressed concern with the health of the stream, the habitat and the
preservation of mature trees along the creek bank. He stated that the architectural rendering is satisfactory but
expressed concern that the city will be allowing the public to enter the property off of Big Basin. He expressed
concern that at the last meeting, the applicant did not agree to allow access to the open space and that he is now
agreeing to allow access to the creek. He also stated that a resident from the Gate House previously raised an
objection to facing the property.
Mr. Zambetti said that he would be meeting with the Saratoga Homeowners Association and Gateway residents
as he goes through the process of building and the final map to work out the problems relating to the open space.
COMMISSIONERS MARTLAGE /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M.
Commissioner Page expressed support for the open space and felt that it could be designed in such a way that it
would not generate a lot of foot traffic that would make it a public nuisance. As the use is being approved under a
use permit, the Planning Commission has the ability to review and change the open space. Therefore, he stated
his support of the project.
Commissioner Martlage concurred with the comments expressed by Commissioner Page. She said that she
appreciated the articulation of the long wall and that she was glad to hear that the applicant is sensitive to
preserving the heritage design.
Commissioner Patrick concurred with the comments expressed by Commissioners Page and Martlage.
Commissioner Bernald stated her appreciation of the redrawing and articulations presented. She felt that the
drawings were very nice and would ft in. However, she felt that this was a loss of a chance for a commercial tax
base and the loss of a potential mix by offering the residential and leaving out the option of having small
business offices which would be well supported if the site is developed as residential, respecting the fact that it
would be difficult to design a commercial use with the constraints of the site. She felt that approval of residential
units is against the spirit of Measure G even though Measure G does not apply in this case as this development
PLANNING COMMISSION Mc ,JTES
DECEMBER 9, 1998
PAGE -4-
would be increasing residential density. Therefore, she could not support the request. Regarding the open space,
she said that she was glad to hear that the applicant was willing to allow the open space to the rear. She said that
she would have liked to have seen open space both in the front and in the rear because if the rear open space does
not work, the city would be left without any dedication with the exception of the open space by the creek. She
noted that at the last meeting, Mr. Zambetti stated three times his objection to a public walkway and the open
space. She expressed concern that if Mr. Zambetti has these objections, the use permit would come before the
Commission with the possibility of the open space being eliminated should problems arise in the future. She
stated that she would not be supporting the open space as part of the use permit. Regarding the design review, she
felt that it was well designed and liked the craftsman style. However, she stated that she did not want to see a
house built in this area.
Commissioner Murakami thanked the applicant for the submittal of improved drawings. He said that he too felt
like Commissioner Bernald about the uses. However, based on what lie has seen in this part of the Village, he
would be willing to go along and give this project his approval as he did not believe that making this area
commercial would change this part of the Village.
Commissioner Kaplan concurred with the comments expressed about the "nice" design and felt that it would
work. She asked staff who would be responsible for the repair and maintenance of the benches to ensure that they
remain viable to the open space and users? She asked if a maintenance district would be formed for its
maintenance?
Director Walgren responded that the open space would be maintained by the two future townhome owners. He
said that a maintenance agreement would be required to be entered into as part of project approval that would
bind any future owners and make them aware that they are responsible for maintaining the public access
easement.
Commissioner Kaplan asked what the city would do should the neighbors want the city to clean up the area?
Director Walgren said that staff would contact the property owners to make them aware of their responsibility to
maintain and /or repair damaged benches or public quasi public structures. He stated that the city also has the
option to maintain the open space and bill the property owners. He said that these types of maintenance
agreements are not unusual. However, it is unusual in this case because this is a hybrid proposal to what is
normally seen in the Village or what is normally seen in terms of common or open space.
Commissioner Kaplan expressed concern that accessing the open space through private property is not going to
be user friendly and that she would have preferred to see a seating area in the front. She said that she wanted to
see some of the influence from the Village Design Plan and the historic documents discussed previously
incorporated such a sitting or gathering area in the front area. She said that she did not like the statement made
that individuals should not be allowed access to the natural resources. She felt that individuals should be allowed
to access the creek. She recommended that a condition be added that would stipulate the merging of the open
space to the creek area to the contiguous open space should the opportunity arise in the future. She said that she
understood the constraints of the frontage of the property to develop it as commercial. It was her belief that a
small office with a house in the back could have been accommodated to satisfy the intent of the Village Plan. She
recommended that paragraph 15 of the subdivision resolution of approval be amended to replace Planning
Director with Community Development Director should the Commission approve the application.
Chairman Pierce stated that lie was in support of the project because the citizens want more park land and open
space. He said that one of the biggest problems that the City has is maintaining this open space and that this was
an opportunity to have someone else responsible for the maintenance of the open space and small park. He felt
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that the open space below was a beautiful spot and felt that the City will need to watch it to make sure that it is
not abused. He did not believe that problems would arise. He stated that he liked the design as it looks like it will
fit in with the Village with the use of wood siding and that it is contoured to the slope. He stated that he was in
support of the Village and that lie would like to see it get more commercially viable. He did not believe that the
50 -foot wide frontage would ever make the it a commercially viable site. He stated that he was not supportive of
a bench in the front and that he would rather see a nice area down below.
Commissioner Patrick said that commercial areas already have benches in front and felt that they were beautiful.
She stated that she was struck by the variation in architecture and the design.
Director Walgren said at the last meeting, he suggested some kind of pavement treatment along the driveway be
incorporated that would delineate that this is a walkway or sidewalk different from the driveway. He informed
the Commission that the driveway is proposed to be interlocking concrete pavers and that the patterns can be
mixed up to provide a three to four foot wide visual walkway connecting the walkway and the driveway.
Commissioner Kaplan asked if the signage in front is going to indicate the hours that the open space is accessible
to the public?
Director Walgren said that there is a plan to have trail markers that state "public access" and that a sign at the top
of the stairs would indicate public access hours.
ON A MOTION BY COMMISSIONERS MARTLAGE /PAGE, THE COMMISSION UNANIMOUSLY (7 -0)
APPROVED RESOLUTION NO. DR -98 -004 WITH THE FOLLOWING MODIFICATIONS: 1) REQUIRE A
WALKWAY PAVING TREATMENT AND 2) THE ADDITION OF A CONDITION TO STIPULATE THAT
THE PROPERTY OWNER(S) DO NOT OBJECT TO ANY FUTURE MERGING OF THE OPEN SPACE
WITH CONTIGUOUS OPEN SPACE.
COMMISSIONERS MARTLAGE /PAGE MOVED TO APPROVE RESOLUTION NO. SD -98 -002. THE
MOTION CARRIED 5 -2 WITH COMMISSIONERS BERNALD AND KAPLAN VOTING NO.
COMMISSIONERS MARTLAGE /PAGE MOVED TO APPROVE RESOLUTION NO. U.P -98 -003. THE
MOTION CARRIED 5 -2 WITH COMMISSIONERS BERNALD AND KAPLAN VOTING NO.
3. DR -98 -050 (397 -22 -047) - SINGER, 20320 Orchard Road; Request for Design Review approval to
add a 618 sq. ft. second story and 166 sq. ft. to the first floor of the exiting 1,253 sq. ft. single story
residence. An existing 1,000 sq. ft. detached garage and guest house will remain. The total floor area on
the site will be 3,037 sq. ft. with a maximum building height of 23 ft. The site is 8,400 sq. ft. and is
located within an R -1- 10,000 zoning district. The application includes a request for an exemption from
the floor area reduction requirement for building heights over 18 feet.
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Director Walgren presented the staff report. He said that staff noted in its review of the application the potential
impacts of the second story deck off of the master bedroom that is relatively a deep deck relative to the size of
the home. He said that the deck did not appear to have a great impact on the property owner's land to the north
since the deck would be looking onto their roofline. However, it could potentially have an impact on the property
owner to the southeast. Given the fact that the balcony was located central to the lot and provided a large setback,
staff agreed to allow the application to come before the Commission as is and rely on the public noticing process
to see if the adjacent neighbors have any concerns or objections to the proposal. He informed the Commission
that to date, staff has not heard any objections to the proposal. Staff has received two letters submitted after the
staff report was distributed from Fred Proctor indicating support of the project and another letter signed by Greg
PLANNING COMMISSION M.., JTES
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PAGE - 6 -
Denari, 20300 Orchard Road, residents who reside at 20350 Orchard Road and Marcy Davis, 20301 Orchard
Road, indicating their support of the project. He said that staff is recommending approval of the application with
the conditions contained in the resolution.
Commissioner Page noted that the executive summary states that the application was filed on October 1.6, 1998
and that within the Analysis, it states that as of October 16, 1998 the request for exception for floor area
reduction is no longer an option. He asked if this statement was inclusive of the October 16, 1998 . date?
Director Walgren said that staff made an effort to accept applications on October 16 that have been in process for
several months with the ordinance developing concurrent. As the application was accepted on the date it was
submitted makes it valid to use the ordinance that became effective.
Commissioner Martlage stepped down from discussion of this item as she resides within the proximity of the
property under discussion.
Commissioner Kaplan said that there was a former connection by her husband with the applicant. However, she
did not believe that it was significant enough to influence her decision to abstain from this item.
Chairman Pierce opened the public hearing at 8:17 p.m.
Norman Burdick, project architect, informed the Commission that the size of the deck is 10' x 15'. He said that he
suggested the deck to his client because they wanted a covered porch to the rear of the house. He indicated that
the size of the structure could be reduced but that his clients would like to retain the size of the porch. He said
that the neighbor that would be most affected by the view of the deck are the Proctors. He noted that the Proctors'
wrote a letter in support of the project.
COMMISSIONERS PAT.RICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:21 P.M.
Commissioner Kaplan expressed concern that this is a small lot with a lot of structures in the back,
acknowledging that the shed is to be removed. She also expressed concern with the application not adhering to
the new ordinance regarding floor area exceptions. Therefore, she stated that she would not support the request
for an exception to the floor area reduction. Based on the size of the garage and the guest house, she did not
believe that it is was unreasonable to require that the size of the home conform to the current ordinance
requirement. She said that she would like to see the deck structure pulled back toward the house because there
could be a privacy issue. Otherwise, she stated that she liked the design of the home.
Commissioner Murakami stated that he liked the design. He said that he has a problem with the size of the
balcony as it was a little large as far as a top floor balcony for this size of a home. He said that he understood the
architect's reason for making it such a large structure to cover the patio area. However, he recommended that the
balcony area be reduced.
Commissioner Bernald concurred with the comments expressed by Commissioner Murakami. She expressed
concern with the deck on the second floor off the master bedroom and recommended that the deck be pulled
back. Other than the concern regarding the deck, she stated that she could support the project.
Chairman Pierce asked if Commissioner Bernald objected to the size of the deck or the size of the structure? He
noted that the applicant is stating that the deck is being used as a roof.
Commissioner Bernald stated that she has two concerns: 1) a large deck projecting into the backyard that would
PLANNING COMMISSION Mi .JTES
DECEMBER 9, 1998
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result in a short space between the deck, the existing garage and the guest house; and 2) the issue of a large
structure. If the deck off the master bedroom was pulled back, the porch down below would not be a problem as
she does not want to see a large structure.
Commissioner Patrick stated that this was a nicely designed home but that it includes 300 square feet of decking
in the back, 125 square feet of front porch, and 590 square feet of basement. She said that she was not supportive
of the request for a floor area exception to the size. She said that she would not be voting in favor of it because
she felt that the applicant has large structures, including a guest house. She noted that approximately 4,000
square feet of structure is being proposed and felt that this was too much for the small lot.
Commissioner Page agreed that this was a nicely designed home and that the inclusion of a second story is in
keeping with the character of the neighborhood. He expressed concern with the size of the deck on the second
story. He agreed with Commissioner Bernald that the applicant will lose a lot of space in the back yard with
approximately 12 feet of open space between the garage and the home. If the roof was shortened, you would also
have to shorten the bottom. He did not believe that the deck upstairs off the master bedroom would create a
privacy issue for the applicant. He said that lie could support the application if the deck area was reduced.
Chairman Pierce said that this is a nice neighborhood and noted that the homes are fairly packed in (tight). He
said that he does not have a problem with the fact that the applicant is proposing to use a lot of space and that he
could support the floor area exception as it fits in with the neighborhood. He agreed that the deck area seems
large. He said that Ile understood why the applicant wanted to cover the porch but felt that the applicant could
come up with an alternative. He supported cutting back the size of the deck and supported the application.
COMMISSIONERS BERNALD /MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR -98 -050 WITH
AN AMENDMENT TO REQUIRE THAT THE APPLICANT WORK WITH STAFF TO DOWN SCALE THE
DECK ABOVE THE PORCH. THE MOTION CARRIED 4 -2 -1 AS FOLLOWS: AYES: BERNALD,
MURAKAMI, PAGE, PIERCE; NOES: KAPLAN, PATRICK; ABSTAIN: MARTLAGE; ABSENT: NONE.
Commissioner Martlage resumed her seat on the dais.
Director Walgren requested that items 4 and 5 be considered together as they are described in a single memo,
noting that they are both distinctive ordinance amendments.
4. AHPO -98 -001 - C:[TY OF SARATOGA; Consideration of proposed amendments to Article 13 of the
Municipal Code - The Saratoga Heritage Preservation Ordinance. Amendments would include revisions
to the Definitions, Permits and Miscellaneous Provisions sections of the Article, to change the term
Planning Director to Community Development Director and to add the term heritage resource inventory
property. The new regulations would allow the Heritage Preservation Commission the opportunity to
review proposed changes to properties on the Heritage Resources Inventory list.
An Environmental Initial Study and Negative Declaration have been prepared for this amendment
pursuant to the requirements of the California Environmental Quality Act.
Director Walgren presented the staff report. He said that the proposed ordinance amendment would not change
what the Planning Commission is used to reviewing and strengthens what the City is already doing.
Commissioner Bernald felt that the more teeth that the city can give the Historic Preservation Commission would
result in the protection of the city's historic treasures.
PLANNING COMMISSION Mi. ,JTES
DECEMBER 9, 1998
PAC,F. - R -
Commissioner Patrick said that the reports from the Historic Preservation Commission are cryptic. She said that
she would like to see the Planning Commission receive more input from the Historic Preservation Commission
and that she would welcome the Historic Preservation Commission to attend the Planning Commission meetings
to provide input on their items.
Commissioner Bernald said that the Planning Commission can also attend the Historic Preservation Commission
meetings to provide comments when certain items are scheduled for their review.
Director Walgren said that the Historic Preservation Commission is looking at historic designated structures very
carefully and that they are giving staff clear recommendations and opinions on said structures. He informed the
Commission that staff does ask the Historic Preservation Commission to advise it on a broad range of issues. He
informed the Commission that the City Attorney will prepare these proposed text amendments in ordinance
format for the City Council.
Commissioner Kaplan brought to staffs attention that there are several places in the text where the title still reads
Planning Director and not Community Development Director.
COMMISSIONERS KAPLAN /PATRICK MOVED TO APPROVE RESOLUTION NO. AHPO -98 -001. THE
MOTION CARRIED UNANIMOUSLY (7 -0).
COMMISSIONERS KAPLAN /PATRICK MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF A
NEGATIVE DECLARATION. THE MOTION CARRIED UNANIMOUSLY (7 -0).
5. AZO -98 -002 - CITY OF SARATOGA; Consideration of a proposed amendment to Article 15 of the
Municipal Code - the Saratoga Zoning Ordinance. The amendment would be to the P -A: Professional
and Administrative Office District list of permitted uses. The new regulation would allow temporary
pumpkin sales with similar restrictions to apply to the currently allowed sales of Christmas trees.
An Environmental Initial Study and Negative Declaration have been prepared for this amendment
pursuant to the requirements of the California Environmental Quality Act.
Director Walgren presented the staff report and informed the Commission that this proposed text amendment is a
staff driven clean -up item to allow the temporary sales of pumpkins.
COMMISSIONERS KAPLAN /PATRICK MOVED TO APPROVE RESOLUTION NO. AZO -98 -002. THE
MOTION CARRIED UNANIMOUSLY (7 -0).
COMMISSIONERS BERNALD /PATRICK MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF A
NEGATIVE DECLARATION. THE MOTION CARRIED UNANIMOUSLY (7 -0).
Chairman Pierce opened items 4 and 5 to public hearing.
Charles Thomas, Saratoga resident, informed the Commission that this is his second year on the Board for Good
Government Group and that this is his the second time that he has come to observe the Planning Commission.
He stated that he was present as an observer.
Commissioners Murakami /Bernald moved to close public hearing for agenda items 4 and 5.
PLANNING COMMISSION Mi., JTES
DECEMBER 9, 1998
PAGE - 9 -
DIRECTOR ITEMS
Director Walgren informed the Commission that there were no director items to present.
Commissioner Bernald noted that the Historic Preservation Commission will be reviewing the Oak Street School.
She asked if the Planning Commission requested its review or did it appeal the review? Director Walgren stated
that he requested a review of the Oak Street School on behalf of the Planning Commission.
COMMISSION ITEMS
Commissioner Page asked staff if it received any complaints regarding the Argonaut Shopping center? Director
Walgren said that lie has not received any complaints to date. He said that lie has heard that with the last storm,
one of the stone pines tipped over because their root ball was too small relative to its canopy. He reported that no
damage was done to the townhomes to the north.
Commissioner Kaplan said that the Saratoga News shows a lovely drawing of an outdoor seating area in the
middle of the Argonaut Shopping Center. Director Walgren stated that a seating area was approved to the right of
the Safeway expansion and that it is a public gathering spot in an open area of the center improvements.
Commissioner Bernald said that on December 2, 1998 the Blue Rock Shoot roasted their coffee again at 4:15
p.m. She said that she received photos of the coffee roasting and another photo depicting an illegal banner
hanging outside the establishment. She forwarded these photos to staff. She said that there has been discussion
about the option of calling up the use permit. She said that there has been discussion between the owner and
Director Walgren as to whether the owner would agree not to roast coffee during business hours because it is
very smoky, smelly and uninviting to individuals who are in the downtown area. The Commission attempted to
go with a gentleman's agreement and that apparently it has not been followed. She asked what is the next step
that the City can take?
Director Walgren said that staff sent the owner a courtesy letter last September pointing out the problems that the
Commission has been hearing about. Staff asked the owner to work with them to resolve the matters informally.
He said that this arrangement worked to date as far as he was aware. He suggested that another letter be sent to
the owner that is more definitive that the city is continuing to receive complaints with evidence being received.
This would be a last warning letter and that if further complaints are received, the owner can anticipate that the
use permit will be called up.
Commissioner Kaplan said that a citizen asked her about development at the Odd Fellows' site. She said that she
understood that the Odd Fellows had a ground breaking. She was asked as to the sequence of development.
Director Walgren said that the first phase of construction at the Odd Fellows cannot begin until the spring, at the
earliest, and that it would include the expansion of the Villas apartment, construction of the new health care
facility, and the construction of the independent cottages on the undeveloped ten acres.
Commissioner Patrick said that it was her recollection that a condition of approval was that the Odd Fellows had
to advertise priority of construction to Saratoga residents.
Director Walgren concurred that the development agreement stipulated that the Odd Fellows needs to notify
residents of upcoming construction dates.
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COMMUNICATIONS
Written
City Council Minutes dated November 18, 1998
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairman Pierce adjourned the meeting at 8:55 p.m. to Wednesday, January 13,
1999, Adult Care Center, 19655 Allendale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk
CITY OF SARATOGA
PLANNING COMMISSION MINUTES
TUESDAY, NOVEMBER 24, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
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Chairman Pierce called the meeting to order at 7:33 p.m.
Roll Call:
Present: Coin inissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chairman Pierce
Absent: None
Staff: Director Walgren
Pledge of Allegiance
Minutes - November 10, 1998
On a motion by Commissioners Patrick /Bernald, the Commission approved the November 10, 1998 minutes with
the following amendments:
Page 1, Line entitled Minutes - October 14, 1998 amended to read: October 44 28, 1998.
- Page 2, last paragraph, line 4, replace the word ael+ptie with eclectic.
Page 4, paragraph 4, line 9, replace the name GWs with Wangs.
- Page 11, paragraph 3, line 3, replace the word would with may
Page 11, under "Commission items," replace the word with Vice - chairwoman.
Page 11, under "Adjournment," replace with Vice - chairwoman Bernald.
The motion carried 5 -0 -2 with Commissioner Martlage and Chairman Pierce abstaining.
Oral Communication
Commissioner Kaplan said that the Commission received a document that was sent to the City Council from
Marcia Fariss. She said that Director Walgren, at the last Commission meeting, gave the Commission a detailed
analysis about the trees and the status of the Argonaut Shopping Center. Also, the City Council has received a
detailed written analysis about the situation. She said that it is difficult to explain to each and every citizen in the
community what happens in the Argonaut Shopping Center. She felt that a blanket statement was made by Mrs.
Fariss without getting enough facts. She said that it was reported to her that the Planning Commission is being
"bad mouthed" in the community for having allowed this tragedy to happen. She stated that anyone watching the
Planning Commission meetings or the proceedings should know that the Commission makes every effort to save
trees and prevent them from being bulldozed and that if trees are to be removed, there is a reason for their
removal. She said that Commissioners do not take bribes. She felt that this was an allegation as the Commission
does not allow the removal of trees unless it is absolutely necessary. She recommended that if there are any
questions regarding the trees that individuals please contact staff, the City Council or the Commission to receive
an explanation of the situation.
Director Walgren said that at the November 10, 1998 Planning Commission meeting, staff presented plans of
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what was approved for the Argonaut Shopping Center. He said that the approved demolition and landscape plan
that was reviewed, recommended and acted upon by both the Planning Commission and the City Council called
for all of the parking lot trees to be removed. The perimeter trees adjoining the residential developments to the
north and the east were required to be retained. The City arborist reviewed the plans and determined that the
parking lot reconfiguration necessitated the removal of the interior trees. It was felt that the ornamental trees
would not be of a significant loss. The trees under question were the seven mature stone pines that fronted
Saratoga - Sunnyvale Road. An effort was made to retain the trees but that based on the nature of stone pines, their
tendency to drop limbs, to be top heavy and to be structurally unsound in combination with the Saratoga -
Sunnyvale Road widening improvements, it was determined that the trees should be removed and that the city
Should take advantage of the opportunity of having the developer replace the trees. These replacement trees will
be large, boxed size native trees that will provide an instant canopy and that the replacement trees should occur
this year.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on November 20, 1998.
Technical Corrections to Packet
Director Walgren indicated that there were no technical corrections to the packet.
CONSENT CALENDAR
PUBLIC HEARINGS
1. SD -95 -007.1 (503 -19 -048, 070 & 075) KENNEDY, Rodeo Creek Hollow (Saratoga- Sunnyvale Road
and Paramount Drive /Court; Request for a one -year extension for Phase Two (7 lots) of an approved
Tentative Subdivision Map for a 12 -lot subdivision located off Saratoga - Sunnyvale Road and Paramount
Drive and Court. The total site area is 9.42 acres and is located within both the R -i- 12,500 and the R -1-
40,000 zoning districts.
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Director Walgren presented the staff report. He said that the staff memo notes that there were no changes in the
fire district's review. He did not believe that the fire district requested additional conditions on their transmittal
but that staff noted that the high fire hazard area boundary has been extended to run north -south along Saratoga -
Sunnyvale Road and the middle of Highway 9, including this property. Therefore, an additional condition should
be included acknowledging the requirement that all new homes are to be installed with an early warning alarm
system required in high fire hazard areas.
Chairman Pierce opened the public hearing at 7:45 p.m.
No comments were offered.
COMMISSIONERS PATRICK /MARTLAGE MOVED TO CLOSE THE PUBLIC HEARING AT 7:46 P.M.
Commissioner Kaplan stated that she has driven through the Rodeo Creek Drive development. She commended
the applicant for the development of a nice project. She requested that the applicant protect the existing large
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NOVEMBER 24, 1998
PAGE - 3 -
beautiful oak tree.
COMMISSIONERS BERNALD / KAPLAN MOVED TO APPROVE RESOLUTION NO. SD -95- 007.1 WITH
THE INCLUSION OF A CONDITION TO REQUIRE THE INSTALLATION OF AN EARLY WARNING
ALARM SYSTEM. THE MOTION CARRIED UNANIMOUSLY (7 -0).
2. UP -98 -014 (366 -29 -007 & 009) - PENINSULA RECREATION D.B.A. SARATOGA COUNTRY
CLUB, 21990 Prospect Road; Request for Use Permit approval to expand the membership of the Club
from 450 to 500 persons. The site is 34.4 acres and is located in the Hillside Residential zoning district.
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Director Walgren presented the staff report. He informed the Commission that the only land use issues of
concern were the traffic that could be generated around the adjoining residential streets and parking interior to
the Country Club. He said that these issues have been satisfied by the applicant's explanation of how the facility
is to be used. He said that historically, the city has never been made aware of a traffic problem as a result of
members driving to and from the Country Club. Therefore, staff recommends approval of the amendment to the
use permit of establishing a new membership limit of 500.
Commissioner Murakami asked what membership size would trigger a traffic study? Director Walgren said that
in his visits to the area, he has never noticed a noticeable traffic impact as a result of the Country Club activities
and that there has been no history of complaints or concerns of area residents about traffic going to and from the
country club. If the membership was to increase by 50 %, it would require the need for a traffic analysis.
Chairman Pierce opened the public hearing at 7:50 p.m.
Joe Callan, General Manager for the Saratoga Country Club, stated that the staff analysis was accurate. He said
that he was trying to provide a competitive product to other facilities in the area and that it is not in the best
interest of the Club to develop a facility that is overcrowded as it is run by its own membership and would result
in complaints from the membership.
Steve Stuckey, 22600 Prospect Road, informed the Commission that he has been a neighbor of the Country Club
for the past 25 years. He said that he has never had a problem with the Country Club and that he has had a good
relationship with the Country Club. He felt that the Country Club was responsible and very fair. When the golf
club expanded eight or nine years ago, he supported the expansion. He stated his support of the request. He said
that a serious problem exists with the illegal parking that is occurring at the regional park located beyond the
Country Club.
Director Walgren informed the Commission that the parking lot of concern is not in the city limits. Chairman
Pierce referred Mr. Stuckey to the County as the parking lot described is not in the city limits.
COMMISSIONERS KAPLAN /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M.
COMMISSIONERS KAPLAN / BERNALD MOVED TO APPROVE RESOLUTION NO. UP -98 -014. THE
MOTION CARRIED UNANIMOUSLY (7 -0).
ADJOURNED STUDY SESSION
BY CONSENSUS, THE COMMISSION AND THE APPLICANT AGREED TO CONDUCT THE WORK
STUDY SESSION IN THE AUDITORIUM.
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NOVEMBER 24, 1998
PAGE - 4 -
3. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for
Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each.
Subdivision approval is required to divide the property into three lots (one lot for each of the two units
and a third lot for common space). Use Permit approval is required to allow residential development in
the CH -2 zoning district without a commercial component of the project. Dedicated public open space is
also a requirement of approval. The site is 16,160 square feet. (CONTINUED FROM 11/10/98).
The following individuals were present at the work session: Gene Zambetti, property owner; Gary Kohlsaat,
project architect; Lee Grey, President of the Saratoga Homeowners Association; Tom and Paula Brennock, Gate
House residents located behind this property; and Cathy Boat, resident of Saratoga observing the meeting.
Director Walgren presented the staff report and said that at the November 10, 1998 meeting, the Commission
expressed concern with another site in the Village being used strictly as a residential development, losing another
piece of land designated as commercial. This concern, including issues raised regarding the public open space
requirement and the east side elevation, resulted in the continuance of this item to an informal discussion under a
work study session. The applicant's were directed to look at design and elevation changes to the east elevation
and discuss those changes this evening.
Residential vs. Commercial Use
Mr. Zambetti stated that he is planning to live in Unit B. He addressed the reason why he decided to build two
residential units. He said that the lot is a narrow parcel in the CH -2 zoning district and that it only has a 50 -foot
frontage. He said that the ordinance does not allow development of the parcel as commercial because it is a
narrow lot. He said that a small office building could be built but that it would not be viable. If the parking
requirements could be similar to those businesses grandfathered in, it would be viable to build as commercial
(reduce parking ratio). He said that the Village needs to have people visit it and purchase items. If the site is
allowed to develop as residential, it will increase the population of the Village and will have additional residents
who can purchase items from Village businesses. He said that he discussed with the adjacent property owners
their willingness to sell their property to him to combine the property for development, but indicated that they
were not interested in selling their property. He said that he is surrounded on three sides by residential
development. He presented the Commission with a map of the Village and its design, including its intensity.
Commissioner Bernald inquired as to the number of parking spaces that would be required for commercial
development'?
Mr. Zambetti responded that eight parking spaces would be needed to develop the parcel as commercial,
including handicap parking. He said that he looked at developing a 3,400 square foot commercial project that
could be used by accountants, attorneys or software businesses. He said that there are several businesses in the
Village that have not been leased as office space. It was his belief that they have not been leased because they are
small and located off the beaten path. He said that there are now less retail and more office space in the Village.
He was looking at a way to have a home that would take in the concept of the creek and still be in the Village to
walk to and shop. He addressed the public open space easement and stated that he has a problem with the
recommendation of providing access to the open space easement because he would be responsible for the
maintenance and the liability associated with the public use of the path to the creek. Further, he would not be
able to preclude public access from his property to the park. He stated that he would not object to a restriction
that would prohibit construction of the third parcel. He stated his willingness to provide the open space easement,
but recommended that access to the open space be from another area such as the adjacent parcel which already
has an easement that allows individuals to access the creek. He felt that the way to address an access trail would
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PAGE - 5 -
be to have access from point A to point B that would bring two parks together. He said that the design team
made changes to the design and felt that it resulted in a good design.
Commissioner Martlage asked if these were three distinct parcels? Director Walgren responded that technically,
there would be three parcels with two building sites and one common parcel. He said that the creation of three
parcels does not imply that a third building site has been created. Two parcels would be owned by the future
owners of the townhomes and that the driveway area and the lower part of the parcel would become the third
parcel that would be commonly owned by the two townhome owners.
Commissioner Bernald said that the parcel is stated to be 16,160 square feet, but that when she adds up the lot
sites, she comes up with 14,631 square feet. Of this area, she asked where the 20% open space was taken against?
Director Walgren stated that the 20% open space was taken from the 16,160 square feet which would result in
3,200 square feet of open space, noting that 3,500 square feet is being reserved as open space.
Commissioner Bernald said that the Commercial Historic CH -2 zoning district requires a net site area of 7,500
square feet. She asked if this area includes the common open space area?
Director Walgren clarified that the open space does not have to be deducted from the gross site area. He said that
the 7,500 square foot limit was not intended to restrict townhome type development or condominium
development. Therefore, the 7,500 square foot limit was a limit of what could be parceled off individually and
sold whether you put five units or a single commercial building on the property.
Commissioner Kaplan recommended that it be decided if residential development would be considered for the
parcel.
Commissioner Bernald said that the applicant has indicated that it would be a hardship and not economically
viable to develop the parcel as commercial. She asked staff if the hardship and economic hardship are overriding
considerations that would allow the Commission to change a condition that is required by the General Plan or the
ordinance?
Director Walgren said that the parking requirement in itself for a commercial project should not be considered a
hardship because the same commercial parking standards applies to every commercial project that is proposed in
Saratoga. On the other hand, the site condition (i.e., the narrowness of the parcel, the fact that the property is at
the upper end of the Village where there is no intensive pedestrian retail oriented traffic, and the slope of the
property) is a relevant consideration. He said that the slope reduction formula is not required for this property as
it only applies to single family residential development. He said that a good example of applying physical
constraints of the property to the proposal was the Hubbard and Johnson site that was a very narrow and deep
parcel located in the middle of an intensive commercial district on Saratoga - Sunnyvale Road. The applicant was
able to place two commercial buildings on the front of the property but convinced the Planning Commission and
City Council that it would not be feasible on the deep narrow parcel to have a viable commercial project
throughout the entire parcel. Therefore, 24 townhomes were approved to go behind two commercial buildings,
noting that this was a much bigger site. He said that the site configuration was certainly relevant.
Commissioner Bernald cited the permitted uses in the Village Plan as professional, administrative, medical and
financial services. These permitted uses are allowed to be located above ground level or at ground level if
separated from Big Basin Way by another commercial space. Further, residential units, when located either
above ground level or at ground level if separated from Big Basin Way in a commercial space, are allowed. She
asked if the Village Plan allows just residential uses?
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Director Walgren said that the Village Plan contains policy statements that state that the Plan should further
encourage a mixed of residential uses with commercial uses where appropriate. It further differentiates between
the CH -1 and CH -2 districts. It notes that the CH -2 district is primarily residential and office development. He
said that if the city requires the property to be used as commercial, it would most likely be an office use and that
it would probably not be of a great benefit to the City. The applicant has stated that with residential development,
you are bringing two additional families that would use the Village.
Commissioner Bernald asked if it would be more beneficial to have residential uses when the City will lose the
economic benefit of a tax base associated with commercial development? She said that this is one of the
problems that the downtown area has. You have the traffic for restaurants but that there are only a few
commercial properties that exist (small office buildings) that do provide a tax base during the day.
Commissioner Kaplan said that the ordinance states that you have to have commercial in the front with
residential up above or behind the commercial building.
Director Walgren said that the zoning and the master plan recommendations that led to the zoning specifically
did not preclude residential development at street frontage. He noted that residential uses are permitted under the
use permit process that allows the Planning Commission to decide on a case by case basis if the site is suited for
residential versus commercial development. He said that the big distinction is if this was a piece of property in
the middle of the Village in the CH -1 zoning district, it would be hard to say that a townhome project with street
frontage was appropriate. Once you get past Fifth and Sixth Streets, sites with physical constraints are probably
reasonable candidates for residential development. He felt that all of the physical criteria can be considered as to
whether this particular site is appropriate for this particular proposal.
Commissioner Bernald expressed concern that the City would be giving up commercial zoning, the loss of a tax
base, but that it would provide the applicant with an economic benefit by allowing residential development. She
felt that the Commission can consider these issues.
Commissioner Patrick said that the parcel already has residential development. Therefore, the Commission
would not be changing its current use. She did not believe that the Commission is precluding commercial
development by doing anything to the property one way or the other at this time.
Commissioner Martlage expressed concern with the vendors located at this end of the Village. She asked if the
vendors are hoping that commercial development might enhance their businesses?
Director Walgren said that Measure G does not apply to the site for two reasons: 1) it has to be a residentially
designated property or an open space designated property to have Measure G apply; and 2) there has to be a
proposal to change the land use designation. He noted that a townhome development is a permitted use in this
commercial district and that there is not a proposal nor need to change the land use designation.
Commissioner Kaplan said that having read the Village Plan, there is a feeling that when the street turned and the
line of site was lost, residential uses could be allowed. She did not believe that the Commission would be going
against the document by approving residential development.
Commissioner Page noted that by allowing residential development under a use permit, the Commission still
retains the ability to review the use.
Director Walgren informed the Commission that it retains jurisdiction of a use permit but once townhomes are
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built, they would remain as townhomes.
Commissioner Murakami said that it has been difficult to promote businesses in the Village. When you see the
loss of usage, you wonder if you are doing the right thing. He felt that all facts need to be considered.
Mr. Kohlsaat noted that only one more parcel would be available for residential development.
Commissioner Bernald said that the Davis property exists as an office - commercial use and that there has been
consideration for development of bed and breakfasts in the past.
Commissioner Martlage said that she does not have a problem with having the property develop as residential.
However, she felt that individuals get up in the morning and leave their homes. She said that she resides within a
block from the Village and that she does not patronize the Village as often as she might like and as frequently as
individuals who live further away might do. To state that there is going to be a family that will shop in the
Village is subjective and shouldn't be a consideration as to whether or not the site becomes "residential ".
IT WAS THE CONSENSUS OF THE COMMISSION THAT RESIDENTIAL COULD BE CONSIDERED FOR
THE PROPERTY.
Open Space Easement
Commissioner Kaplan said that the applicant raised a good point and stated her support of the creekside trail
concept with public access.
Director Walgren said that the recommendation for a creekside trail has been tried in the past and was found to
be unpopular in certain areas as individuals thought that it would infringe on the use of their property, noting that
a creekside trail is not what is being considered this evening. The requirement is for a public plaza with the desire
to have it located in the street front where most people can use it. If the applicant prefers to remove it from the
lower creek setting, then it could be placed in the front of the property where the Village Plan and zoning
ordinance intended it to be in the first place. He said that he would hate to see the two issues of the creekside trail
and the open space requirements be mixed together because there is a lot of history associated with creekside
trails that is not related to this project.
Chairman Pierce recommended that the Commission confine its discussions to the public open space.
Director Walgren clarified that the original intent was to provide a public gathering place or public plaza. As this
would not have physically fit in front of the property, this led to the recommendation of a private walkway that
would go down the units, ending up in a sitting area down at the creek.
Commissioner Bernald read from the Open Space Element relating to creekside trail restrictions. It states that
"The City shall not acquire, plan or develop public access easements along Saratoga Creek, across single or
multi- family land uses as designated in the Saratoga General Plan abutting said creeks or adjacent to said
creeks." She asked why the city can allow this one parcel that abuts public access and is located along Saratoga
Creek to develop as residential?
Director Walgren explained that this language came directly from the community's opposition to creekside trails.
He said that this is a public open space dedication at the back of the property whether or not a creek exists.
Commissioner Patrick said that the issue is where the public open space is to be located. She noted that the open
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space is a Village requirement. She said that the applicant is trying to build as much as he can on his property and
that the part that he cannot build upon is going to be dedicated to public use. The applicant has expressed concern
with access to the open space, noting that the access was designed to accommodate his proposed development.
She said that the buildings can be moved back and /or reduced in square footage in order to place the public open
space at the street frontage. She recommended that the applicant decide where the open space is to be located.
Commissioner Kaplan said that there is a limit as to how far the building could be setback based on the riparian
corridor.
Mr. Brennock informed the Commission that he resides across from the property under discussion. He said that
there is a natural ambiance that is associated with the creek. He said that people who access the creek below walk
in the creek. He felt that there is a safety concern as every couple of years the fire department rescues teenagers
who use the creek. He said that the creek attracts a nuisance problem. He recommended that the Commission
look at the amount of vacant commercial square footage that exists in the Village. He felt that the parcel is more
viable as residential. He expressed concern with public access on private property.
Director Walgren said that the maintenance and responsibility would fall on the new owners of the townhomes. If
there is any liability, it would fall more to the city as this is a public right of way than on the future owners.
Chairman Pierce questioned the reality of individuals using the open space.
Commissioner Martlage recommended that the open space be moved to the front to maintain the Village
atmosphere and to allow individuals to use the area (i.e., as a lunch area).
Mr. Kohlsaat said that the use permit is for residential use. He said that it is being requested that the Commission
waive the requirement for a pedestrian open space as it does not make sense to require this as part of the use
permit for a residential use.
Director Walgren said that pocket parks and plazas can work. He noted that the request is for a conditional use
permit. If problems arise in the future where loitering becomes an enforcement problem, the property can revert
back to private open space. If it is found after a couple of years that no one uses the open space, this would be
another basis for reconsidering the public open space requirement.
Commissioner Bernald recommended that something be built that is practicable and useable as it has worked on
Mrs. Davies property.
Commissioner Patrick asked if the relocation of the open space to the front of the parcel eliminates the fear that
people will be walking past the townhomes, invading privacy, and loitering at the creek?
Director Walgren said that he did not know if it would be feasible to place a usable public plaza at the front of
the property and still construct two townhomes on the property.
Commissioner Patrick said that consideration may need to be given to one townhome with the placement of the
public area up in front. Otherwise, if in a period of time it is deemed that the public open space is unsuccessful, it
would revert back to Mr. Zambetti as private open space. The city, at that point, would lose the front public area.
This would result in a lose -lose situation for the city.
Director Walgren said that this was seen as an opportunity to have one of the few connections down to the
Saratoga Creek in the Village other than Wildwood Park.
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Commissioner Bernald asked if there were other easements recorded against other properties that would allow
access to the creek? She asked if access to the creek would be eliminated if an access is not approved as part of
the use permit?
Chairman Pierce said that applicant indicated his willingness to dedicate land and that he is still open to
providing access to the public open space.
Commissioner Kaplan said that it is being stated that there is not a continuance of a riparian easement.
Director Walgren clarified that the majority of the easements are not riparian easements. The city has been
requiring these easements on development for the past five to ten years. The existing rights of ways belong to the
Santa Clara Valley Water District, noting that these easements do not continue along the entire length of
Saratoga Creek. In response to Mr. Kohlsaat's question, Director Walgren said that the Blackwell project just
approved up the road provided a similar right of way and provided a public plaza in front of their commercial
buildings. They were allowed to use their landscape area as part of the 20% requirement. In this case, the lower
end of the parcel is being used as the public open space requirement.
Mr. Kohlsaat asked if a variance to the open space requirement could be applied for? Director Walgren
responded that a reduction or elimination of the open space easement can be considered as part of the use permit
process. If it cannot be modified through the use permit process, it would require a variance to eliminate it or
reduce the amount of open space.
Mr. Zambetti submitted minutes from the June 14, 1989 Planning Commission Meeting relating to the reduction
of the 20% open space requirement. He said that he wants to control who accesses the open space area. He stated
that he would agree not to build on lot 3. He said that he would be open to alternatives in lieu of the open space
requirement to improve the Village, (i.e., good signage, install a sign that states "Next lodging, food, gas 25
miles "). He would do what lie could to help the Village commercially. He clarified that the building could not be
pushed back on the lot because of the slope. He said that building one unit would not necessitate the need for the
open space.
Director Walgren said that the objective of the open space is to be functional.
Commissioner Bernald said that she would like to see open space in the front. She agreed with Mr. Zarnbetti that
the open space in the back is a nuisance and that she did not believe that it would add to the Village ambiance.
She felt that it would help the Village ambiance to have a small public area in the front. She noted that Mr.
Zambetti wants a home and an economic advantage to build the townhomes. However, the Commission still
wants to have an open space area provided.
Commissioner Kaplan said that when she walked the property, her immediate response was that it would not
work to have the public use the steep path to access the open space in the back and have the public go past the
residents' windows. She said that she would approve the open space to the rear of the property if the third parcel
is held in open space so that in the future, it can be used as an access. If residential is to be approved, although
this is out of the normal Village foot traffic, maybe someone would walk to sit down and have a cup of coffee if a
bench was made available. She felt that maybe a Spanish style fountain with a sitting area around it,
incorporating landscaping could be supported.
Commissioner Murakami concurred with the comments expressed by Commissioner Kaplan. if there is a need
for more space and less building, there could be a consideration for the elimination of a three -car garage. He said
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PAGE- 10 -
that there was plenty of room on the top to add the square footage being lost at the bottom as an alternative.
Commissioner Page said that lie was drawn to the open space by the creek as this is a peaceful area, noting that
the Commission has the ability to convert the open space to private open space should problems arise in the
future. It has been indicated that there is not a whole lot of foot traffic at this end of the Village so maybe this
will encourage more foot traffic. He supported the idea of the open space down below and recommended that the
pathway be located on the other side to give residents a sense of privacy.
Commissioner .Martlage said that she was adamant about preserving the open space as it is part of the ordinance.
She said that every time the Village is changed, something is lost. She felt that the ordinance was in place to
preserve the character of the Village. She said that she would prefer to see the open space located in the front to
provide the residents with some privacy, but that she could support the open space in the back too.
Commissioner Patrick said that others were required to provide open space to provide individuals a place to go.
She likes the idea of the park in the back more so than the front. She recommended that the buildings be made
smaller to distance the pathway. She felt that there was a way to pave the pathway to delineate it.
Chairman Pierce said that he was leaning toward Commissioner Kaplan's recommendation about a small sitting
area to front if individuals choose to walk up and down Big Basin Way and to have the area preserved down by
the creek for later use. He recommended that the garage size be reduced.
Mr. Kohlsaat stated that he is providing the required five parking spaces for the two units. He said that a two -car
garage and a parking stall would require the same amount of area as a three -car garage.
Director Walgren clarified that the ordinance requires one, one car fully enclosed garage per unit and one and a
half spaces per unit either in a garage or unenclosed area. The Planning Commission can modify these
requirements through the use permit review process.
Chairman Pierce noted that there are some existing easements to the creek and if further easements are acquired,
the public open space can work. He recommended that the open space easement be preserved to see what
happens in the future.
Design Review
Mr. Kohlsaat presented the Commission with realistic perspectives created on a computer that add a few trees to
give the design some realism as elevations do not do the project justice. He presented the Commission with a
design sketch and addressed the changes made to the east elevation as requested by the Commission. He said that
if the size of the garage is reduced, lie could create a break but that the parking rules would be violated.
Commissioner Martlage noted that on street parking would be available, therefore, the Commission could grant a
variance from the parking requirements. She asked if thought was given to varying the use of materials based on
the craftsman style design? Mr. Kohlsaat said that he has considered the use of a belly band and other design
features.
Commissioner Patrick asked why the pathway could not be sited on the right side of the building? Mr. Zambetti
said that he would prefer access through the driveway as he did not want the public in the back of the house due
to the location of the air conditioner and garbage containers that are located in the back. He agreed that this is a
beautiful area that should be shared with others. He stated that he objects to having individuals he does not know
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accessing the open space through his property. He also stated that he does not want to lose the three car garage as
it is crucial to his lifestyle.
Director Walgren said that in terms of making the pathway usable, wood signs and different paving material
along the driveway would be sufficient to delineate the pathway to the open space area.
Chairman Pierce noted that the open space would not be open to the public at night.
Commissioner Kaplan expressed concern with the east elevation as it would be the elevation you would see when
YOU approach it from Big Basin Way.
Mr. Kohlsaat said that the east elevation would be screened.
Commissioner Kaplan said that she was willing to give that project a chance as the Commission can review it if
problems arise.
Mr. Zambetti said that he would like to have the opportunity to discuses the issue of the open space with his
architect and to have more discussions with the neighborhood.
IT WAS THE CONSENSUS OF THE COMMISSION TO POSTPONE FURTHER DISCUSSIONS ON THIS
ITEM TO ITS DECEMBER 9 MEETING.
DIRECTOR ITEMS
Director Walgren updated the Commission on the following:
The December 9 and the first meeting in January will be held in the Adult Day Care room.
He has been in touch with the school district through their architects and the environmental consultants.
The City Manager will be meeting with the Mary Gardener to have the school district present their plans
for the Saratoga Elementary School and the Redwood Middle School to both the Heritage Preservation
and the Planning Commissions.
The City Attorney stated that the school district can exempt themselves from the City's local regulations
in terms of the tree protection ordinance if they can show that the removal of the trees is related to a
classroom activity. He said that recent court cases have said that play fields are integral to classroom
activities. If the school district has to remove the trees to expand a play field, they can exempt
themselves from city ordinances. He said that the school board has to officially take this action as this is
not an automatic action. The school board has to pass a resolution that they are consciously deciding to
waive local regulations. This information is being shared with the school district. Regarding the review
of the buildings, this is beyond the city's purview but that it was his belief that the school district will
allow the city to review the buildings. However, the elementary school is listed on the city's local historic
inventory which makes it subject to CEQA analysis. This information was shared with the school
district's consultants. Therefore, at a minimum, the school district will need to come before the Heritage
Preservation Commission.
He said that he would be on vacation next week. Should the Commission need assistance during this
time, they should contact Judi Crowley.
PLANNING COMMISSION Mt ,JTES
NOVEMBER 24, 1998
PAGE - 12 -
COMMISSION ITEMS
Chairman Pierce asked the Commission if December 10 or 17 were good days to hold the Christmas party?
IT WAS THE CONSENSUS OF THE COMMISSION THAT THE CHRISTMAS PARTY IS TO BE HELD ON
DECEMBER 10, 6:30 P.M. AT CHAIRMAN PIERCE'S HOME.
COMMUNICATIONS
Written
City Council Minutes dated October 27 and November 4, 1998
Notices for Planning Commission Meeting of December 9, 1998
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairman Pierce adjourned the meeting at 9:35 p.m. to Wednesday, December
9, 1998, Adult Care Center, 19655 Allendale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk
CITY OF SARATOGA
PLANNING COMMISSION MINUTES
TUESDAY, NOVEMBER 10, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Vice - chairwoman Bernald called the meeting to order at 7:30 p.m.
Roll Call:
Present: Commissioners Kaplan, Murakami, Page, Patrick and Vice- Chairwoman Bernald
Absent: Commissioner .Martlage and Chairman Pierce
Staff: Director Walgren and Planner Bradley
Pledge of Allegiance
Minutes - October 28, 1998
A motion was made and seconded to approve the October 28, 1998 minutes with the following amendments:
Page 8, paragraph 2, last sentence, replace the word *4 with than.
- Page 8, paragraph 7, line 4, replace the word residenee with residents.
Page 10, paragraph 1, line 7 amended to read: "amount of vegetation and history of run off and soil
instability associated with the site ... "
Page 10, paragraph 4, line 2, replace the word Commission with Council.
Page 15, paragraph 2 amended to read: "Commissioner Bernald inquired about the newspaper stands in
front of the I }� Cali building on the curb on Big Basin Way. She requested that staff report 4ae4 to the
Commission regarding moving the stands in front of the y Cali building ... "
Page 15, paragraph 3, replace the word MAr -o+e with Marshall Lane.
Page 15, paragraph 3 amended to read: "...night was the traffic impact associated with four week nights of
practice ... As the adjacent school was built as has become a magnet school that is held in high regard .. .
She requested that staff report bae4i to the Commission regarding this issue."
Page 15, paragraph 5, line 2 amended to read: "...is allowed to be used for Quito Little League in the
spring and that there is no one jurisdiction that is overseeing this issue ?"
The motion carried 4 -0 -1 with Commissioner Murakami abstaining and Commissioner Martlage and Chairman
:Pierce absent.
Oral Communication
No comments were offered.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly
PLANNING COMMISSION MIS. RTES
NOVEMBER 10, 1998
PAGE -2 -
posted on November 6, 1998.
Technical Corrections to Packet
CONSENT CALENDAR
1. DR -97 -001, BSA -98 -015, & V -98 -013 (517 -14 -080) - EL- KAREN, 20087 Kittridge Road: Request for
Design Review and Building Site approval to construct a 4,742 sq. ft. two -story residence with a maximum
height of 26 ft. on a vacant 5.07 net acre lot. A 20 ft. wide private road would be constructed to access the
subject property and a second lot beyond this property. Variance approval is also requested to allow the
new structure to be located within required building setbacks, as measured from the edge of the private
access road right -of -way. The site is located within a Hillside Residential zoning district. (CONTINUED
FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS).
2. DR -96 -070 & BSA -98 -014 (517 -14 -087) - EL KAREH, 20897 Kittridge Road; Request for Design
Review and Building Site approval to construct a 7,194 sq. ft. two -story residence with a maximum height
of 26 ft. on a vacant 7.72 net acre hillside lot. A 20 ft. wide private road would be constructed to access
the subject property and one other lot. The site is located within a Hillside Residential zoning district.
(CONTINUED FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS).
A MOTION WAS MADE AND SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1 & 2. THE
MOTION CARRIED 4 -0 -1 WITH COMMISSIONER .MURAKAMI ABSTAINING AS HE WAS NOT
PRESENT AT THE OCTOBER 28, 1998 MEETING AND COMMISSIONER MARTLAGE AND CHAIRMAN
PIERCE ABSENT.
PUBLIC HEARINGS
3. DR -98 -041 (503 -58 -031) RUPAREL, 20668 Seaton Ave.; Request for Design Review approval to
partially demolish an existing 3,018 sq. ft. single story residence and construct a new 3,538 sq. ft. two -
story residence at 21 ft. in height, maintaining an existing 1,023 sq. ft. basement. The site is 12,946 sq. ft.
and is located in an R -1- 12,500 zoning district.
------------------------------------------------------------------------------------------------------------------------- - - - - --
Planner Bradley presented the staff report.
Vice- chairwoman Bernald opened the public hearing at 7:35 p.m.
Mr. Ruparel, applicant, informed the Commission that he presented the design of the home to the neighbors and
that they were in support of the project.
Tom Sloan, project architect, addressed the dormer window which is being addressed this evening. He furnished
the Commission with photographs of the streetscape. He did not believe that there was a privacy impact to the
adjacent neighbors.
Commissioner Patrick inquired as to the metal balcony and railings. Mr. Sloan said that the balcony and railings
are located on the south elevations. He said that a parapet wall is proposed with a metal grab rail located at the top.
He said that his clients are happy with the design, including the use of Dutch gables. Mr. Sloan stated that
architectural styles are very eclectic these days and that he did not believe that there was such a thing as purity in
architecture anymore. He said that lie did not have an architectural style for the proposed design. He said that the
PLANNING COMMISSION ML, JTES
NOVEMBER 10, 1998
PAGE - 3 -
reason for not clipping all five gables was at the request of the neighbors.
Tony Chu, 13841 Tamworth Avenue, stated that raising the roof by three feet will block the beautiful mountains
located to the rear. He said that he can see the home's first floor windows and the doors. He expressed concern that
his backyard would be exposed to the second story windows, impacting his privacy and would eventually affect
the value of his home.
Grace Chu, 13841 Tamworth Avenue, informed the Commission that she recently moved into her new home in
September 27, 1998. She stated that Mr. Ruparel invited her and her husband to meet with him to discuss his
proposal. Unfortunately, she was not available to review the plans. She concurred with the concerns expressed by
her husband.
Richard Mayeur, 13832 Tamworth Avenue, said that his top front windows overlook Mr. Chu's lot. He said that lie
could not see the swimming pool but that lie could see the top of his roof. He indicated that he and his wife like the
design of the two -story home and felt that the proposed design would add a great deal to the neighborhood by
upgrading the site. He appreciated the time that Mr. Ruparel took to speak with him and his wife to inquire if there
were any objections to the design. He supported the plans as shown. Regarding the gable, he stated that he likes
pointed gables but that he understands that the proposed gable satisfies the concern of the neighbor across the
street.
Adele Foos, 20685 Seaton Avenue, informed the Commission that she is an original owner of a home in the
subdivision and resides directly across the street. She stated her support of the design as presented. She said that
she has been assured that the design will fit into the neighborhood, noting that Mr. Ruparel has been good about
contacting all the neighbors, modifying the design to please some of the neighbors. She recommended that the
Chus plant tall shrubs to provide additional screening and create privacy. She requested that the Commission
approve the design.
Mr. Ruparel clarified that he started reviewing these plans with the neighbors four or five weeks ago. He noted
that only one front window is proposed. He said that he spoke with Mr. Rasmussen on Sunday morning and that lie
acknowledged that a window could have been depicted on the plans that lie overlooked. He informed the
Commission that the home is skewed to the right and that it is not directly in front of Mr. Rasmussen's home. He
said that he would like to accommodate Mr. Chu if possible. He said that Mr. Chu raised his concerns only a few
days ago and that he could not change the design for him. He offered to pay for any trees that Mr. Chu would like
planted in his backyard to address his privacy concerns.
A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. THE
MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
Commissioner Murakami felt that the applicants have gone through extraordinary steps to cooperate with their
neighbors. In this case, he does not see a problem with the physical layout of the home as far as intrusion or
blocking view sheds. He said that he did not have any objections to the design of the gables. He suggested that the
applicant be given a choice regarding the gables and that they not be restricted to the Dutch type of roof edges in
the front which he felt detracts from the style of the home. He stated that he was willing to approve the project as
subm itted.
Commissioner Kaplan felt that the property owner did a good job in the public relations aspect of the process. She
said that she does not see an issue of privacy with the window. She said that a single story home can be designed to
be taller than a two -story home. She stated that she did not like the clipped gables. She said that she could support
the gable as originally designed as you cannot please everyone. She said that she was not thrilled with the use of
PLANNING COMMISSION MI, -iTES
NOVEMBER 10, 1998
PAGE -4 -
the columns and did not understand the reason for their use. She stated that she would support the design, allowing
the applicant his choice of clipped or frill gables.
Commissioner Page agreed that the applicant did an admirable job with the neighbors. He said that he drove by the
site three times this week to look at the imposition that the home may have on Mr. Chu's privacy. He said that lie
could see that there may be a little line of sight but did not believe that it would be significant. Also, the existing
trees will grow and that in time, the concern will be nonexistent. He recommended that the applicant be consistent
in his choice in the design of the gables.
Commissioner Patrick stated that she did not like the clipped gables and recommended that they be peaked. She
said that she would vote against the application if the gables are not all peaked. She said that she did not object to
the second story design.
Vice- chairwoman Bernald commended the applicant for working with the neighbors. She stated that she
appreciated the 21 -foot height limit of a two -story home and that she did not believe that the second story was out
of place. She felt that the applicant made a good case this evening in showing that the home is offset from viewing
the Chu's swimming pool area. She did not believe that the Chu's would lose money in their home. She stated that
she did not support the columns located in the front entryway as she did not believe that they were substantial
enough to hold the gable above it. She recommended that the applicant work with staff to widen the columns and
incorporate the element so that it appears as one unit. She felt that the entryway needed to be grounded a little bit.
She stated her preference for the pointed gables and recommended that the applicant consider the pointed gables as
the Wangs may not live at their residence for a long period of time and that she wanted that applicant to be happy
with the design of their home. She stated that she could support the request but recommended that the applicant
work with staff to change the columns.
A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. DR -98 -041, WITH ADDED
CONDITIONS THAT WOULD REQUIRE THAT THE APPLICANT WORK WITH STAFF TO: 1) AMEND
THE FRONT ENTRYWAY TO WIDEN THE COLUMNS; AND 2) MODIFY THE GABLES TO REQUIRE
MORE TRADITIONAL POINTED GABLES TO MAINTAIN COMPATIBILITY. THE MOTION CARRIED 4 -1
WITH COMMISSIONER PAGE VOTING NO AND COMMISSIONER MARTLAGE AND CHAIRMAN
PIERCE ABSENT.
4. DR -98 -039, V -98 -007 & UP -98 -013 (397 -24 -011) - HOWMILLER, 20247 La Paloma Ave.; Request
for Design Review approval to add a 710 sq. ft. second story to an existing 1,800 sq. ft. single -story
residence. Use Permit approval is required to allow the reconstruction of a detached garage within the
required rear yard area. Variance approval is required to allow the setback in the second floor to be 6 ft.
on the right side where 20 ft. is required. The existing right side setback is non- conforming at 6 ft. where
15 ft. is required for corner lots. The property is 7,500 sq. ft. and is located in an R -1- 10,000 zoning
district.
Planner Bradley presented the staff report.
Commissioner Murakami recommended that in the future that staff mark what the standard setbacks are in the
drawing as it would help the Commission in its review of projects.
Vice - Chairwoman Bernald opened the public hearing at 8:17 p.m.
John Howmiller, applicant, stated that he has reviewed the staff report and concurred with staffs recommendation.
PLANNING COMMISSION MIS. jTES
NOVEMBER 10, 1998
PAGE - 5 -
Sandra Paim, project architect, stated that she felt that her clients did a great job in working with their neighbors to
receive their constructive criticism and to obtain their endorsement of the project, including working with the
adjacent developer, Mr. Pinn. She informed the Commission that Mr. Pinn has offered an easement to allow the
applicant to access the garage. She said that the new garage brings the property up to code with the requirement of
two car - covered parking spaces. She said that she tried to meet the spirit of the design standards as much as
possible, noting that the home was designed under a separate set of zoning restrictions. She felt that the
architectural style was appropriate for the neighborhood as it fits the existing cottage - craftsman -style architecture
with the use of wood siding, shingles, etc.
Commissioner Murakami noted that the bottom of the house uses siding while the upper floor utilizes shingles. He
asked if this was a matter of style for this project? Ms. Paim said that it is typical for craftsman style bungalows to
use a mix in siding materials.
Meg Caldwell, 20201 La Paloma, informed the Commission that she resides down the road from the Howmiller's
property. She said that her family resides in a larger two -story craftsman bungalow. She stated that she is in
complete support of the Howmiller's application as they have shown tremendous respect and care in developing
their application and that the unique constraints that they confronted on the property supports the variance request.
She said that the applicant has shown respect for the historic nature and the architectural character of the
neighborhood, making sure that they had shared the design with the neighbors.
A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING. THE MOTION CARRIED
5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
Commissioner Page felt that the applicant did an excellent job in keeping the architecture of the neighborhood. He
felt that the variance could be supported due to the nature of the lot and the existing structure that the applicant had
to work with.
Commissioner Patrick stated that she did not have a problem with the proposal but stated that she would like to see
a basement incorporated in the design. She said that her only concern was that the house located next door would
be located between two story homes. However, she suspects that this property owner would soon be requesting a
two -story addition. She commended the Pinn Brothers for granting an easement for a driveway. She felt that the
project would be a good addition to the neighborhood.
Commissioner Murakami stated that he also liked the design. He noticed how narrow the lot is and the constraints
that exist to build on the site. He said that it was difficult to understand the drawings as far as the roof profiles go.
After looking at the lot and the design of the home, he said that he has no problems with the proposal.
Commissioner Kaplan felt that the Commission can make all the necessary findings for the variance as stated in
the resolution of approval. She advised the applicant to keep an eye on the existing oak tree as someone may
damage or remove it. She recommended that the applicant follow the directions of the City arborist in order to
protect the oak tree.
Vice- chairwoman Bernald stated that she enjoyed the site visit and felt that the applicant has a beautiful site. She
also recommended that the applicant protect the oak tree. She said that it has been recommended that three,
twenty -four inch box or equivalent value trees be placed in the area. She said that she was not sure if this would be
possible. She asked staff what should the Commission be recommending to address this concern?
Director Walgren informed the Commission that staff included equivalent values. He said that a single, large box
size tree would have the same monetary value arrived at by the city arborist.
PLANNING COMMISSION ML, RTES
NOVEMBER 10, 1998
PAGE - 6 -
After receiving staffs explanation, Vice - chairwoman Bernald stated that she could support the application.
A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. V -98 -007. THE MOTION
CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. DR -98 -039. THE MOTION
CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. UP -98 -013. THE MOTION
CARRIED 5 -0 WITH COMMISSIONERS MARTLAGE AND CHAIRMAN PIERCE ABSENT.
5. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for
Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each.
Subdivision approval is required to divide the property into three lots (one lot for each of the two units and
a third lot for common space). Use Permit approval is required to allow residential development in the
CH -2 zoning district without a commercial component of the project. Dedicated public open space is also
a requirement of approval. The site is 16,160 square feet.
Planner Bradley presented the staff report.
Commissioner .Kaplan stated that she did not believe that this project meets the intent of the General Plan and the
Village Plan. She recommended that this issue be addressed at this time or at a study session.
Vice- chairwoman Bernald asked if there will be access from other lots that will become available as development
occurs.
Director Walgren said that it would be difficult to state that there will never be another access to the creek from an
adjoining parcel. If a substantial development is proposed on the lower terrace of the property, it would be subject
to a wildlife biological assessment. He felt that there was little likelihood of further development potential of the
property.
Vice - chairwoman Bernald asked if there would be any limitations on the hours that would apply to this project for
the safety of the residents due to public safety and vandalism issues?
Planner Walgren responded that staff has not included this concern as a condition. He said that this concern can be
considered as part of the use permit resolution to state the hours of accessibility be posted on access signs. He
clarified that although parks tend to close at dusk, he said that this is not a public park but that park standards can
apply to this application. He said that the ordinance relating to the pedestrian open space is specific to the Saratoga
Village and that it was tailored to apply to commercial development. He said that the ordinance is being applied to
this project even though it is not a commercial project because it is a requirement of the commercial historic
zoning. Therefore, this is a hybrid situation and that the solution was a staff suggestion to meet the 20% pedestrian
open space requirement of the Village zoning.
Vice - chairwoman Bernald opened the public hearing at 8:31 p.m.
Gary Kohlsaat, project architect, stated that when the applicant and he first looked at the project, it was sought to
integrate a small commercial portion for an office as a mixed use along with the residential use. Even though the
site is located in a commercial zoning district, he felt that the site was better suited for residential development. He
PLANNING COMMISSION MIS -4JTES
NOVEMBER 10, 1998
PAGE - 7 -
said that the problem he faces in trying to fit commercial development in this area is the parking requirement. He
said that the project barely satisfies the required 5 parking spaces for the two, three - bedroom units. He said that the
nature of the site made it difficult to develop, noting that the lot is fairly flat for a good portion but that it drops
down rapidly and then goes down to the creek area. Therefore, the development area is extremely limited. He
noted that residential development surrounds the property, including proposals for residential development just
past the site. Addressing the architecture, Mr. Kohlsaat said that he worked hard to make the design fit in with the
neighborhood. The architectural character is that of a craftsman style home. He tried to design the home to make it
look like a single family dwelling, with garages not being seen from the street. The front yard will be landscaped
typical to that of a single family home. He said that he worked around the oak trees located below the site. He said
that lie was reluctant to go along with the requirement of providing a pedestrian open space easement. A variance
to this requirement was contemplated as the requirement does not make sense for this property. He expressed
concern with individuals living in these units having individuals walking down the side of their homes to the creek
area. He stated that he would support a pedestrian space located in the front of the property in conjunction with the
street.
Commissioner Kaplan said that in looking at the west /left side orientation as well as the right side, east orientation
of the back of the structure, it appears to be a tall, three story structure.
Mr. Kohlsaat responded that this is a problem that the Commission will face because architects draw in elevations.
What the Commission sees is the true elevation of the building as opposed to a perspective. He said that in a
perspective, a two -story structure will be seen with a skirt wall below. He addressed the roof structure and the
volume that are over the basement. He said that there is not a legal floor area. Therefore, it is not technically a
three -story building.
Commissioner Kaplan referred to page A -2, the balcony located off the master bedroom of the upper level floor
plan of unit B looking toward the street. She felt that the visual seems to go directly into the bathroom of bedroom
3 of unit A. She expressed concern with the privacy issue.
Mr. Kohlsaat clarified that there are no windows that would look into unit A from the balcony. The small window
on unit A is designed to provide light and ventilation, noting that a solid wall is proposed.
Commissioner Page requested clarification about the lower level bedrooms on Unit B and asked if they are
considered basements? Mr. Kohlsaat responded that the lower level bedrooms of Unit B are considered basement
units. He indicated that construction of the units would not occur before April 15, noting that this is a sensitive
hillside site.
Commissioner Page asked if Mr. Kohlsaat had any other suggestions to the pedestrian open space requirement?
Mr. Kohlsaat responded that he does not have suggestions to the pedestrian open space requirement. He said that
he would agree to provide a pedestrian access to the creek, but not a picnic area. He said that the applicant wants
the area to be accessible to its residents.
Lee S. Grey, 14498 Springer Avenue, President of the Saratoga Homeowners Association, requested clarification
regarding the notice of hearing that made reference to a third lot for future development. He said that he spoke to
Planner Bradley who indicated that the third lot has been withdrawn, noting that the staff report states that
subdivision approval is required to divide the property into three lots. He asked if construction would be allowed
on the third lot in the future? He read into the record a statement from the Homeowners of Saratoga Oaks
Development stating that they have reviewed the site plan and the exterior elevations for two townhomes .
submitted by the developer. It is felt that the planned use of the property is appropriate and tasteful if the number
Of units is limited two rather than three as originally thought. It is important and necessary that the health of the
PLANNING COMMISSION MIS -40TES
NOVEMBER 10, 1998
PAGE -8 -
stream and the wildlife habitat be preserved. He said that as a 23 -year area resident, he has not seen a requirement
for public access in this area. He did not envision individuals buying these expensive units only to have the public
go buy the homes to have a picnic in the homeowners' back yards.
Director Walgren responded that you cannot say for certain that the lower portion of the property has absolutely no
development potential. If there was a proposal for the lower half of the property, it would return to the
Commission for further review. He said that it was his belief that there is no development potential on the lower
portion of the site. If the property owner chose to do a lot line adjustment and merge the property with an adjoining
parcel to create a larger project, there may be the possibility of further development. However, if the public open
space is recorded, it would tie the lower portion of the site to the upper part. Therefore, he sees very little chance
of any development potential of the lower end of the site.
Mr. Kohlsaat responded to the issue of future development. He said that it was thought at one point that there
could be a vehicular easement through the adjacent property to the west. He said that he has tried to discourage his
client from considering further development due to the "nature" located below. He said that if someone buys the
two lots, they will want to know if anything will be built on the third parcel. He said that the request for the third
lot has been withdrawn at this time, but that he could not give assurance that this request would not be raised again
in the future.
A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING. THE MOTION CARRIED
5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
Commissioner Patrick noted that it is being requested that the Commission approve a three -lot subdivision. It was
her understanding that if a three -lot subdivision is approved, two lots would be built upon and the third lot would
be left up in the air. She asked if this means that the third lot would be a buildable lot?
Director Walgren responded that in any townhome development, you will have a certain amount of units plus a
common space. This three -lot subdivision does not imply that there is a third legal building site. The third lot is the
common space that will be owned by two future homeowners.
Commissioner Kaplan noted that a very sensitive wooded, riparian corridor exists. She asked if there was a way to
protect this area from encroachment by the homeowner(s)?
Director Walgren responded that if the public open space requirement is not part of the approval, a similar open
space easement could be recorded along the creek bank and a location to be determined by a wildlife biologist
based on the greatest value of protecting the riparian habitat.
Commissioner Kaplan felt that there were many issues associated with the applications before the Commission.
She said that the City has a historic document, the General Plan and the Village Plan. She said that someone sat
down 10 -1.1 years ago and considered the concept as to what is to go in this area. She said that she was not
comfortable with taking action and spot zoning this area. She recommended that the Commission discuss how it
will handle this issue.
Commissioner Patrick noted that this area is already zoned residential and that the property owner can leave the
home as is with individuals residing in the home without a commercial use.
Director Walgren said that Saratoga has very little land zoned commercial. To allow this area to develop as
residential gives up another opportunity for a minimal amount of commercial development. On the other hand the
Village Plan referred to by Commissioner Kaplan did not restrict residences from being developed in the Village
PLANNING COMMISSION ML,.JTES
NOVEMBER 10, 1998
PAGE - 9 -
but encourages a mix of commercial and residential uses subject to conditional use permit approval by the
Planning Commission.
Commissioner Patrick felt that it was an interesting and intriguing idea to have the pathway to the creek. She said
that she would like to see how the open space pedestrian easement will work. Rather than placing restaurants and
buildings that block off the creek and have it empty, she felt that it would be interesting and a good idea to have
individuals use the creek. She said that she did not oppose the residences as they already exist. She felt that the
townhomes were nicely designed and would enhance the area rather than take away from the rest of the Village.
She stated her support of the project.
Commissioner Page stated his concurrence with Commissioner Patrick. He felt that the pedestrian open space
easement was a creative idea. However, lie expressed concern with the public safety aspect. He recommended that
the Public Safety Commission or the Parks Department assess what it will take to patrol the creek area as it could
create havoc for the residents.
Director Walgren informed the Commission that it could try out the pedestrian open space for a year to see how it
works. If it results in a constant enforcement problem, the Commission can reconsider the open space requirement.
If the problem became severe, it could revert to a private open space easement.
Commissioner Page did not recommend that time restrictions apply to the open space because the residents would
not be able to use it during certain parts of the day if restricted. To address Commissioner Page's concern, Director
Walgren recommended that "public" access be restricted.
Commissioner Murakami stated that he liked the pedestrian open space concept and would like to see how it
works. As far as the commercial aspect, lie said that it would be nice to see some commercial capability in the
front. As far as the design, he felt that the design can be improved, especially the front elevation. He understands
that the design would be a vast improvement of what exists today. However, there is something about the front
elevations that bothers him as the size of the structure does not look right. Also, the right side elevation bothers
him as it appears to be too flat. He said that he understands the constraints of the lot and that he was sure that staff
reviewed the different alternatives with the architect. He stated that he does not like the front design for this size
structure. Therefore, lie could not approve the project.
Commissioner Kaplan stated that her initial reaction was that the public access would not work. She agreed with
Commissioner Murakami that the east side elevation gives the appearance of a hotel as it is a large solid wall. She
said that the Commission may not be getting a flavor of what is going on from the drawings. As presented, the
building looks massive and therefore, she could not support it.
Vice - chairwoman Bernald stated that she also did not like the right side elevation. She did not believe that there
was enough architectural relief provided to break up the elevation. She said that she has greater concern with the
public access and the area below. She was not comfortable with leaving it as "let's see what happens and then go
back to it." She stated that she was concerned about the General Plan and other issues. She stated that she would
prefer to discuss the issues in a study session to work out the issues.
A MOTION WAS MADE AND SECONDED TO REOPEN THE PUBLIC HEARING. THE MOTION CARRIED
5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
Director Walgren informed the Commission that the first available study session meeting date is Tuesday,
November 24, 1998. This meeting could be set for either 6:00 p.m. to 7:00 p.m. before the 7:30 p.m. public
hearing. As an alternative, he said that the public hearings could be held at 7:30 p.m. to be followed by the study
PLANNING COMMISSION MI,,iTES
NOVEMBER 10, 1998
PAGE- 10 -
session. He said that the issues on the easement language are straight forward and that there were some good ideas
presented this evening. Staff could be prepared to include these suggestions in a resolution. He felt that the
architect has been asked to look at the right side, east elevation articulation and that lie can present schematic
drawings at the November 24 meeting. He recommended that the Planning Commission refer to the Village Plan
and that the Commission go through the policies in the document and be prepared to discuss whether this project is
consistent with the Village Plan.
Commissioner Kaplan requested that staff invite former Commissioner Siegfried or other resource persons to
address the Commission on the Village Plan.
A MOTION WAS MADE AND SECONDED TO CONTINUE THE PUBLIC HEARING FOR THIS ITEM TO A
NOVEMBER 24, 1998 STUDY SESSION FOLLOWING THE REGULARLY SCHEDULED MEETING. THE
MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT.
DIRECTOR ITEMS
Director Walgren updated the Commission on the following:
Scheduling for the theater lighting will not affect the scheduling of the auditorium. Work will begin right
after the first public hearing in December and is scheduled to be concluded before the first Planning
Commission public hearing in January, noting that the second meeting in December has been scheduled.
He was asked to follow up on the news racks in the Village. He said that the city manager's office is aware
that there are other new racks in the Village beyond the area to be provided for permanent racks and that
the city manager's office is following up on this issue. He said that it is not clear at this time whether all
the permanent racks have been installed as of yet.
- Chairman Pierce contacted him this afternoon requesting that he share with the Planning Commission that
he is hosting the annual Christmas party this year as Planning Commission Chair. Chairman Pierce asked
that he inquire if Wednesday, December 16 is a good day for the Christmas party. Director Walgren said
that one of the problems with this date is that traditionally, the chair invites Council Members to the party.
This date would conflict with the City Council's regular meeting. He said that Chairman Pierce will review
alternative dates but requested that the Commission indicate if December 16 is a good day. He
recommended that the Commission contact Chairman Pierce and indicate what days are good.
Status of the Argonaut Shopping Center. Site demolition activities are underway. He said that it was shock
to see what the site looks like now that the trees have been demolished. He presented the Commission
with the approved landscape exhibits that were reviewed by the Planning Commission and the City
Council. He identified the back trees that were to be retained. He said that a condition of approval stated
that the landscape plans were appropriate. However, measures needed to be taken to protect, retain or
incorporate as many on -site trees as possible. This was primarily relative to the frontage trees. During the
plan check process, their landscape architect contacted the city and stated that it was their belief that the
stone pines should be removed based on their nature and their tendency to drop limbs. The
appropriateness of these trees over a parking area were questioned and that it was requested that they be
allowed to remove these trees.
Director Walgren informed the Commission that the city's arborist concurred with the proposal and the
comments that these are top heavy trees that are prone to tipping over, particularly if their root base is cut
PLANNING COMMISSION MIi,iTES
NOVEMBER 10, 1998
PAGE-11 -
away. He said that the trees were allowed to be removed based on this information. The plans indicate the
quantities of new trees that are to be planted as a result of project approval. He clarified that the interior
trees are proposed to be ornamental and flowering trees which are appropriate for the interior of a parking
lot. He said that staff is not accepting the ten ornamental trees proposed to be planted along the
streetscape. Staff is working with the city arborist to require the installation of three times as many trees as
were on site in terms of large box size trees. The arborist will be consulted regarding the selection of the
tree species to ensure that the city is getting healthy species of trees, including planting groups of coast
redwoods and incorporating a coast live oak in order to retain the tree canopy that one sees as one drives
down Saratoga - Sunnyvale Road into the Village.
Commissioner Kaplan said that a couple of meetings ago, there was discussion regarding the merit of
installing healthier, easier to transplant smaller trees.
Director Walgren said that Commissioner Kaplan has a valid point. If the arborist is advising on the
selection of the trees, it was his belief that the city could get large sized, healthy trees installed that do not
take several years to replace the canopy that was lost. He said bonding may be required to ensure that the
trees survive in order to give the city a recourse to replant trees that do not survive at the developers
expense, especially for the street trees to be planted along the frontage of the property. He said that the
removal of the eight stone trees was approved because they were not appropriate for the location and that it
is proposed to plan for the planting of trees that will do well for the next several years.
COMMISSION ITEMS
Vice - chairwoman Bernald asked if there are any approvals for the Oak Street School remodel and the addition that
is to be added onto the school that is on the City's Historic Register that was built in the 1800s? She felt that the
citizens of Saratoga have worked hard to maintain this site and the architecture. She is hoping that the new
building will preserve some of the historical features.
COMMUNICATIONS
Written
City Council Minutes dated October 21, 1998
Notices for Planning Commission Meeting of November 24, 1998
ADJOURNMENT TO NEXT MEETING
There being no further business, Vice- chairwoman Bernald adjourned the meeting at 9:30 p.m. to Tuesday,
November 24, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Erma Torrez
Minutes Clerk
CITY OF SARATOGA
PLANNING COMMISSION MINUTES
WEDNESDAY, OCTOBER 28, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
--------------------------------------------------------------------
Chairman Pierce called the meeting to order at 7:31 p.m.
Rnll Call
Present: Commissioners Bernald, Kaplan, Martlage, Page, Patrick and Chairman Pierce
Absent: Commissioner Murakami
Staff: Director Walgren and Planner Ratcliffe
Pledge of Allegiance
Minutes - October 14, 1998
On a motion by Commissioners Bernald /Kaplan the Commission approved the October 14, 1998 minutes with
the following amendments:
Page 3, Paragraph 9, replace the word stFi$s with stripes
- Page 3, last paragraph, second sentence amended to read: "She r-eEAmmended said that the use per-mi
this time to allow a Festakir-a!itldeli so that the Else POFFRit WOUld- 148t Heed to oveme h-o-f4are
r'^mmissiei; 41 the f4.*.. °° should a restaurant/deli be proposed in the future that it return to the
Commission for use permit review and approval.
Page 9, paragraph 4, last sentence, replace the word maiiitaiiis with mountains.
The motion carried 6 -0 (Coin missioner Murakami absent).
Oral Communication
No comments were offered.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly
posted on October 23, 1998.
Technical Corrections to Packet
Director Walgren informed the Commission that there is one correction to the Packet. Item 3, the project
description for the basement should be corrected to read 600 square feet.
CONSENT CALENDAR
1. DR -98 -035 (397 -40 -003) - REYES, 14742 Via de Marcos: Request for Design Review approval to add
166 square feet to the first floor, and 510 square feet to the second floor of an existing 5,384 square foot
single -story residence on a 51,600 (net) square foot lot. Maximum building height is proposed to be 20
PLANNING COMMISSION Miiv UTES
OCTOBER 28, 1998
PAGE - 2 -
feet. The site is located within an R -1- 40,000 zoning district.
ON A MOTION BY COMMISSIONERS PATRICK/BERNAL:D, THE COMMISSION ON A 6 -0 VOTE WITH
COMMISSIONER MURAKAMi ABSENT, APPROVED CONSENT CALENDAR ITEM 1.
PUBLIC HEARINGS
2. UP -98 -010 & V -98 -014 (379 -25 -041) - AHMADIAN, 14301 Saratoga Avenue: Request for Use
Permit approval to construct a 400 square foot detached garage in the rear yard setback as close as 4 feet
from the rear and side property lines. Variance approval is requested to allow a second floor dormer
window to be built to the edge of the existing building line at 4 feet from the neighboring property line
which l l feet is the required setback and to allow a small addition off the rear to match the existing
building line at 4 feet where 6 feet is required. The Variance also includes a request to allow a chimney
to be located two feet from the property line where three feet is required. The plans include a 339 square
foot addition to the second floor and a 112 square foot addition to the first floor of the existing 1,446
square foot residence. The site is 7,500 square feet located in the R -1- 20,000 zoning district.
CONTINUED FROM 10/14/98 TO RE- ADVERTISE PROJECT).
Director Walgren presented the staff report.
Commissioner Bernald inquired as to the procedure for this item should the Commission be willing to support
the dormers but not the chimney? Director Walgren responded that the chimney request could be separated from
the approval and that it can so be clarified by a specific condition in the resolution for the variance.
Commissioner Martlage asked what type of fireplace is being proposed? Director Walgren responded that it was
his belief that an open wood burning fireplace with a gas insert is proposed and that it was not a zero setback
fireplace. He said that a gas chimney fireplace could make a difference in the setback requirements. He said that
the chimney could be pushed in further into the structure or that it could be relocated.
Chairman Pierce opened the public hearing at 7:40 p.m.
Bob Schwenke, representing the applicant, addressed the letter received from the Mingrone neighbors expressing
concern that a fireplace is proposed to be located within 2 feet from the property line. He said that the fireplace is
to be a prefabricated wood burning fireplace with a spark arrestor. He said that the proposed fireplace location is
the only location that would provide some means of visualization within the layout of the first floor.
Commissioner Kaplan asked Mr. Schwenke if his clients would be agreeable to making the fireplace a gas only
burning fireplace, in which case, there would not be a problem with setbacks.
Mr. Schwenke responded that his clients would prefer a wood burning fireplace as this is the only fireplace
proposed for the home. Relocating the fireplace to another part of the structure would affect what is proposed for
the attic or upstairs area. He said that the only dormer that is of significance is the one located on the left -hand
side of the building. This is the only encroachment where the variance would be required. The other dormers are
setback away from the property line and would not affect the existing setback requirements.
COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:44 P.M.
Commissioner Page stated that in light of the letter received, lie would support moving the fireplace into the wall
PLANNING COMMISSION Mlry UTES
OCTOBER 28, 1998
PAGE - 3 -
or making the fireplace gas burning only. He said that he could support maintaining a three -foot setback for the
fireplace versus the need for a variance.
Commissioner Martlage concurred with Commissioner Page that the only issue relating to this item is moving
the fireplace. She commended the applicant for raising and saving the home.
Commissioner Patrick concurred with the comments expressed by her fellow Commissioners. She said that the
only thing that could make this design better is a basement but noted that a basement is not being proposed.
Commissioner Bernald commended the applicant for the work being done to save the home. She stated that she
has a problem with a fireplace two feet from the property line. She said that she could support the fireplace if a
direct vent was being used.
Commissioner Kaplan stated that if the applicant wants to install a gas burning fireplace, it can be left at its
proposed location. She said that she could not approve the fireplace as proposed and recommended that it be
moved to the other side of the home or pulled into the home if it can meet code requirements.
Chairman Pierce stated that he appreciated the work being done to the home. He said that lie could support a gas
only burning fireplace because a fireplace at a two -foot setback was too close to the adjacent property.
Commissioner Patrick said that she found it incredulous that moving the fireplace another foot would make a big
difference in preventing fires or children playing around it.
Director Walgren clarified that absent the variance application, a three -foot setback would be acceptable and in
conformance with code. He said that the Commission has the authority to impose conditions on this project as a
result of the variance that goes beyond minimum code standards.
Chairman Pierce said that if the chimney could be designed to meet code requirements, he could support a wood
burning fireplace.
COMMISSIONERS PATRICK/MARTLAGE MOVED TO APPROVE RESOLUTION NOS. UP -98 -010 AND
V -98 -014, AMENDING THE CHIMNEY LOCATION TO REQUIRE A THREE -FOOT SETBACK FROM
THE PROPERTY LINE. THE MOTION CARRIED 5 -1 WITH COMMISSIONER BERNALD VOTING NO
AND COMMISSIONER MURAKAMI ABSENT.
3. DR -98 -036 (510 -03 -011) - BEAN, 15310 Pepper Lane; Request for Design Review approval to
demolish an existing single -story residence and accessory structure and construct a 6,240 square foot
single -story residence with a maximum height of 26 feet on a 51,870 (net) square foot lot. An existing
600 square foot basement is to remain. The site is located within an R -1- 40,000 zoning district.
(CONTINUED FROM 10/14/87 AT THE APPLICANT'S REQUEST).
------------------------------------------
Planner Ratcliffe presented the staff report.
Chairman Pierce opened the public hearing at 7:52 p.m.
William Bean, applicant, informed the Commission that three gas burning fireplaces are proposed with one
designated as a wood burning fireplace.
COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:54 P.M.
PLANNING COMMISSION Mh-i UTES
OCTOBER 28, 1998
PAGE - 4 -
Commissioner Kaplan stated that the design was suitable for the site. Therefore, she could support the
application.
Commissioner Bernald said that this was one of the most exquisite designs reviewed by the Commission in a
long time and that it was well suited to the site. She said that she could support the application.
Commissioner Patrick said that colors are bland but acknowledged that it was a taste item. She wished that
designs of homes did not maximize the allowable square footage for the sites. She said that she has no objections
to what is being planned but wished that the home did not have to be quite so big.
Commissioner Martlage concurred with the positive comments expressed. She appreciated the efforts of the
applicant to be sensitive to the trees and liked the details of the chimneys.
Commissioner Page stated that he liked the design of the home.
Chairman Pierce said that lie liked the stone design and felt that it was refreshing to have a design that utilizes
material other than pure stucco.
COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -98 -036. THE
MOTION CARRIED 6 -0 (COM:MISSIONER MURAKAMI ABSENT).
4. DR -98 -020 (397 -27 -020) - PARDEN, 20434 Walnut Avenue: Request for Design Review approval to
demolish an existing 1,282 square foot single -story residence and construct a new 2,256 square foot two -
story residence with a 698 square foot basement on a 9,372 square foot lot. The existing 560 square foot
garage is to remain. The proposed maximum building height is 26 feet. The site is located within and R-
1- 10,000 zoning district.
Planner Ratcliffe presented the staff report. She informed the Commission that correspondence has been received
from Margaret Whalen expressing concern with the accuracy of the site plan and that she is requesting that a
survey be performed on the site. Staff felt that this was a reasonable request and has included this as a condition
of approval. She said that staff also received three letters from adjacent neighbors in support of the project as
follows: John and Cindy Kerr, 14160 Victor Place; Grover B. Steel, 20410 Walnut Avenue; and Mike Parley,
20431 Walnut Avenue. She said that staff feels that the findings can be made to support the application and
recommends approval of the design review application.
Commissioner Kaplan said that she noticed a fireplace in the basement, directly below the one located in the
family room. Planner Ratcliffe said that a condition in the resolution of approval states that only one wood
burning fireplace is allowed, noting that it was a stacked fireplace.
Chairman Pierce opened the public hearing at 8:02 p.m.
Jim Parden, applicant, stated that lie has gone through a great extent to make the home compatible with the
neighborhood. He said that lie originally proposed to stack the second floor on top of the original home. After
discussions with staff, it was decided that this would not be the design that would be best suited for the
neighborhood. It is now proposed to demolish the existing home and center a new home on the lot and construct
a compatible home to the neighborhood. He requested Commission approval as he has followed the guidelines
requested by staff. He said that composite roofing material will be used.
PLANNING COMMISSION Mliv IJTES
OCTOBER 28, 1998
PAGE - 5 -
Chairman Pierce said that lie was contacted by Mrs. Whalen this morning who expressed concern with sunlight
being affected by the design of the home.
Mr. Darden stated that Mrs. Whalen's kitchen window is located toward the rear of her home. He said that Mrs.
Whalen has a magnolia tree that sits outside her kitchen window and that he has three large trees that sit on his
property line.
Margaret C. Whalen, 14140 Victor Place, expressed concern with solar access. She said that she has just one
large window. She submitted a site plan to the Commission that depicts the location and the size of the window.
She said that the window was located two - thirds of the way back from the front of the home and that it is directly
across the side doorway of the Parden's home. She said that there is a two -story home on Victor Place and a two -
story home on the other side of the Parden home. She requested that a survey of the property be conducted
because of the concern of the fence line.
Commissioner Bernald informed Mrs. Whalen that a survey of the property has been included as a condition in
the resolution.
Mr. Parden stated that he was confident that Mrs. Whalen's kitchen window is located within the last four or five
feet of the rear of his home. He said that Mrs. Whalen's side door and his door are lined up and that Mrs.
Whalen's kitchen window is about five or six feet toward the rear of his lot. He stated that the second story is the
furthest setback of the home. He clarified that both fireplaces are gas burning.
Elsbeth Newfield, architect, clarified that the area under discussion is the west wall of the new home and the east
wall of Mrs. Whalen's home. She said that the entire Parden home is being moved to the east. Therefore, the
home will be further away from Mrs. Whalen's home than it is currently. Therefore, the second story would be
eight feet more to the east. She said that it is the east light to Mrs. Whalen's home that is being discussed. This is
the least likely orientation to have a significant light impact. She said that the whole footprint of the home is
slightly smaller than the existing home because she was forced to reduce it in order to have a second story. She
did not believe that the home would have a big impact to Mrs. Whalen.
COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:1.4 P.M.
Commissioner Martlage stated that it appears that Mrs. Whalen's concerns have been noted and included as part
of the resolution. She said that she liked the design as it is appropriate for the neighborhood and the fact that the
home has been moved away from Mrs. Whalen's home is a consideration. Therefore, she could support the
application.
Commissioner Patrick felt that Mrs. Whalen will find that she will have more light than she had before. She felt
that the design was a nice one.
Commissioner Page felt that a great job was done with the design of the home and felt that Mrs. Whalen will be
happy when the new home is built.
Commissioner Bernald felt that the home would be a nice improvement and that this was an appropriate design
for the neighborhood. She recommended that the garage incorporate the same exterior finish as that of the home
on two sides. She stated her support of this application.
Commissioner Kaplan concurred with the comments expressed by the other Commissioners. She concurred with
the adjustment to the garage as recommended by Commissioner Bernald.
PLANNING COMMISSION Mi., UTES
OCTOBER 28, 1998
PAGE - 6 -
Chairman Pierce stated that it was his opinion that Mrs. Whalen would have as much light if not more with the
building being moved eight feet further away from her property. Also, the second story is oriented in such a
manner that it will not have a direct impact on Mrs. Whalen's window. He said that this is a good project, one
that he could support, including the survey of the property.
COMMISSIONERS BERNALD /PATRICK MOVED TO APPROVE RESOLUTION NO. DR -98 -020 WITH
THE ADDITION OF A CONDITION THAT WOULD REQUIRE THE SAME SIDING OF THE HOME BE
APPLIED TO THE NORTH AND :EAST SIDING OF TEIE GARAGE, UPON CONFIRMATION BY STAFF.
THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT.
Director Walgren recommended that agenda items 5 and 6 be considered as a single staff presentation and a
single project discussion even though they are two separate and individual applications. This recommendation is
being made because the two applications are adjacent to each other and are proposed to be accessed from the
same roadway.
5. DR -97 -001, BSA -98 -015 & V -98 -013 (517 -14 -080) - EL- KAREH, 20887 Kittridge Road: Request for
Design Review and Building Site approval to construct a 4,742 square foot two -story residence with a
maximum height of 26 feet on a vacant 5.07 net acre lot. A 20 -foot wide private road would be
constructed to access the subject property and a seconded lot beyond this property. Variance approval is
also requested to allow the new structure to be located within the required building setbacks, as measured
from the edge of the private access road right -of -way. The site is located within a Hillside Residential
zoning district.
6. DR -96 -070 & BSA -98 -014 (517 -14 -087) - EL KAREH, 20897 Kittridge Road: Request for Design
Review and Building Site approval to construct a 7,194 square foot two -story residence with a maximum
height of 26 feet on a vacant 7.72 net acre hillside lot. A 20 -foot wide private road would be constructed
to access the subject property and one other lot. The site is located within a Hillside Residential zoning
district.
-----------------------------------------------------------------------------------------------------------------------------
Director Walgren presented the staff report for agenda items 5 and 6. He said that there were constraints
associated with the development of the sites and that the applications have been processed cautiously be staff
(i.e., geologic soils stability, preservation of the existing vegetation and visual impacts to offsite views once
roadway and structures are constructed). He said that these applications have been in for some time (under two
years). He said that the extended review has been due to the following reasons:
• The city's requirement for the issuance of a Certificate of Compliance for each parcel to verify that they
are recorded building sites of record. He said that the applicant recently received the Certificate of
Compliance;
• The area of time - consuming was the receipt of the geologic and geotechnical clearances on the two
parcels. He said that these clearances have been conditionally granted with requested clarification on few
construction details;
• The projects have gone through significant design changes through the city's standard design review
process to meet the city's hillside design criteria; and
• The difficulty in getting sufficient plan details to be able to bring the projects before the planning
commission.
PLANNING COMMISSION Mir, JTES
OCTOBER 28, 1998
PAGE - 7 -
Director Walgren felt that it would be useful to bring this item before the Commission and to allow the
commission to visit to the site and have the ability to provide any additional comments that may be appropriate
before proceeding to request additional information on these projects. The items that need to be submitted are the
following: l) all trees within proximity of the proposed development and roadway improvements are to be
identified by size and species, indicating which are to remain or be removed; 2) grading plans and cross sections
to be verified for accuracy and to include a complete set of plans that would indicate the full extent of any soils
or geologic repairs or improvements that would need to be made to both development sites and to the roadway;
3) break down of house grading versus road and driveway grading; 4) details of how the driveway access to
parcel 87 would be reduced and pervious surfaces to meet the zoning ordinance and the Measure G initiative of
the 58,000 square foot limitation. Staff recommends that this item be continued to November 10 to receive these
documents or to November 24. He said that one or both of these meeting dates could be used as a study session.
He said that staff has received additional letters from those attached to the staff report .which site road
maintenance, site run off and erosion concerns. Three additional letters have been received and distributed to the
Commission this evening from :Don and Pat Lake, 15330 Kittridge Road, expressing their concerns with site run
off and erosion protection measures; Barbara Dolbeck, 20780 Kittridge Road, siting her support for the
application to extend sanitary sewer up to the property and thereby making it available to other residents along
Kittridge Road; a joint letter from David Ritter and Shawn Taheri, Belnap Way, requesting that Kittridge Road
be extended from this site over to the other side of Kittridge Road to the east to mitigate fire safety concerns. He
said that the fire district has reviewed this project and they have not made this a condition of approval. Mr. Titter
and Mr. Talleri further noted that there is a small triangular piece of property within the county's jurisdiction that
they feel may be part of parcel 87. The concern is that this piece be included as part of parcel 87 to ensure that it
is not split off in the future as a separate building site. He said that this would require annexation of the piece to
the city but that it could be done as a condition of project approval.
Chairman Pierce opened the public hearing at 8:18 p.m.
Rick Hartman, project architect, presented the Commission with a history and background on the parcels. He
informed the Commission that the property owner determined that four homes need to be built in order to afford
the installation of a sewer line up the mountain. He informed the Commission that two lots are located in the
county but within Saratoga's sphere of influence and that the Commission is reviewing two city lots. He said that
it took approximately a year to go through the annexation process for the two county parcels due to the geology
involved. He said that the City of Saratoga decided that they did not want to annex the two parcels. Therefore, he
had to start the application from scratch in the county. It is hoped to have a hearing with the county in December.
He said that four homes are proposed to share in the expense of the sewer line. If the four homes are not
included, he could not continue with the project. He said that getting the sewer line up the hill was the crux of the
process. He said that the next issue was that of geology and that he has spent several months with Cotton
Associates to review the geology of the properties to investigate whether there are major slides under the home
and whether the concerns can be mitigated. He said that this took a lot of time but that the issues have been
resolved. He said that he would agree to submit the information requested once advised what items need to be
submitted. He said that a neighborhood meeting was held over a year and a half ago and that plans and a model
were presented to the neighbors. There was discussion regarding establishing a homeowners association to
maintain the road, noting that a homeowners association does not exist to maintain the road. He felt that the four
homes will come with a lot of construction, stability, grading and drainage to correct the problems on the site. He
will need to go back to see what erosion problems occurred since last year.
Mr. Hartman said that when this application was originally submitted, the staff planner assigned to it worked
with him for about three to four months before leaving the city. Director Walgren took over the applications. He
recommended that the project be reassigned to another planner as Director Walgren is a busy individual. He said
PLANNING COMMISSION Mery IJTES
OCTOBER 28, 1998
PAGE - 8 -
that he was just informed as to the items that need to be submitted when he received the staff report. He said that
he was happy to submit these items.
Commissioner Bernald asked how the planning director's busy schedule was keeping Mr. Hartman from
designing and submitting the items necessary to the hillside slopes. She said that Mr. Hartman has not responded
to issues other than the five -foot retaining wall, noting that the Commission will be needing much more
information than what was being presented.
Chairman Pierce said that the entire commission visited the site and looked at all trees, the area and terrain. He
said that the commission became familiar with the parcels and that the Commission will provide comments and
give direction following the receipt of public testimony.
Director Walgren said that he has been involved with the project since it was first submitted as the supervising
planner. When he took over the project, he provided the applicant in writing with the specific details that were
being requested. He took exception with the comment that staff has strung out this process and not made it clear
to the applicant what items need to be submitted.
Bob Samsel 15300 Kittridge Road, informed the Commission that his property is adjacent to and directly below
parcel 87. He expressed concern with debris falling down the gully onto his property and the potential new
problems that may arise with the grading of the large flat area on the new parcel. Since moving to his site in
1992, he has had major problems with the loose road fill that is filling the gully. He said that the first slide that he
encountered completely blocked his driveway and that he had to hire a hauler to remove 50 yards of dirt. After
many more slides, he hired another hauler to move 200 -300 yards of dirt. He said that the previous owner of
parcel 87 was made aware of this problem but that nothing ever happened. These concerns were brought to the
attention of the new owner at the neighborhood meeting. He said that in reviewing the plans, nothing was seen
that addressed the gully. Regarding the current replacement road that crosses the gully, lie said that an old wood
retaining wall is located to the side of the gully that is ready to collapse that will result in additional cubic yards
of dirt that will eventually end up in his driveway. He expressed concern that the runoff does not concentrate and
go over the edge and become a danger to the hill directly above his home. He requested that run off be sent to the
gully west of his property. He stated that he would no longer foot the bill to clean up debris. He requested that
the city ensure that these items are repaired as part of the approval.
Tom Gross, 20877 Kittridge Road, said that he is the adjacent neighbor to the lower lot. He said that in 1996, he
met with the property owner expressing concern with the small private road that is shared by 20 individuals. A
neighborhood meeting was held in September 1996 attended by 18 families. The neighbors were informed by the
property owner that the road would be as good if not better than when the project started. He said that lie found
the owner to be an honest man and that he trusts that lie will do what he states he will do. He again stated his
concern for the fragile road that provides access to 20 individuals. When it rains, contributions need to be made
by the neighbors to clean the debris. He requested that the City of Saratoga make sure that the road is taken care
of.
I.M. Ferrar, 20860 Kittridge Road, stated his support of this type of development. However, he expressed
concern with the health and welfare of Kittridge Road. He noted that the City of Saratoga considers Kittridge
Road a private road which means that the upkeep, maintenance and repair of the roadway are the responsibility
and expense of its residents. Should the city issue a permit to build a road that requires the use of the roadway
with heavy equipment that the property owner takes full responsibility for restoring the road upon completion of
construction or that conditions are attached to the permit that would require the builder to do so.
Alan Grebene, 15479 Belnap, an area resident for 25 years, informed the Commission that his property backs up
PLANNING COMMISSION Mliv UTES
OCTOBER 28, 1998
PAGE - 9 -
to parcel 87. He concurred with the comments contained in Mr. Ritter's letter. He said that the main concern to
him is the visual impact of a very large 7,200 square foot home.
Mr. Hartman, clarified that the County Fire Department is concerned with the road. He said that the road width
varies from 12 to 14 feet in some areas. There are plans at the county to improve the road and to widen it in some
areas to ensure that the fire department can access the area. Also, it has been requested that a fire access through
the two county properties be provided and connect to Belnap. He said that a full set of improvement plans have
been submitted to the county.
COMMISSIONERS BERNALD /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M.
Commissioner Kaplan stated that the Commission has reviewed many difficult applications and that this
application falls among them. She said that the Commission knows that staff spends many hours working with
applicants and that they go the extra mile to bring the commission good workable projects. She felt that the
Planning Commission works diligently with the applicants and goes the extra mile, often holding study sessions
before its regular sessions to meet with the applicant and the neighbors. She acknowledged that this is a time -
consuming process but that she has never seen an application that has taken two years. Yet, the Commission does
not have a project that it can vote on with any knowledge of what is to occur to the area. She said that she was
disheartened to hear that county staff is going to permit an I8 -foot road to be cut in the middle of the property.
She said that the mission that the Commission has been charged with is to preserve the ambiance that people find
makes Saratoga what it is. The semi rural atmosphere is one that the Commission is charged to make sure is
maintained.
Commissioner Kaplan recommended that the Commission first deal with access to the site as there is no entrance
to the property that is suitable. She said that the road will need to be extended the entire length of the property.
She did not know where a road would be installed to get a fire truck up the hill. The hill would need to be cut on
one side with the construction of massive retaining structures. She said that plans have not been submitted to
provide the commission with the necessary information. She felt that the gully addressed by the neighbors was a
devastation, noting that plans were not submitted to inform the Commission as to what is to be done with the
gully. She said that she has a bias about building homes in landslide areas. She asked what is to be done with
water runoff (drainage needs to be addressed). She said that the undergrowth now hides the trail and the building
pads. If cut away, it will open up views not only across the valley but to the neighbors in the surrounding area.
She asked the length and height of the retaining wall to be constructed to hold up the road and also the retaining
walls that would hold the hill from the homes? She noted that the building site for the first parcel is on a plateau.
She said that the outline of the home is located to the edge. She said that one cannot build out to the edge of a
cliff as a structure would need to be placed underneath it to hold up the home. She did not know where the
driveway access to the home will be sited. She said that fire chief has indicated that he cannot access the lot,
much less turn around and get out. She felt that the proposed home on the parcel at the top of the hill would be
too large and too visible. She said that the application needs to be redesigned with greater details provided. She
does not know if an EIR will be necessary at some point. She said that sometimes conducting study sessions and
hearings are futile. She felt that it would be better to deny the application as there is not enough information to
vote on and felt that the homes were inappropriate. She said that she has worked with staff for over six years and
knows that staff works very hard and goes the extra mile. She said that staff does not only review home designs,
but reviews the general plan and perform other assignments. She did not believe that staff is responsible for the
delay.
Commissioner Bernald concurred with all of Commissioner Kaplan's comments and concerns. She said that she
has only heard excuses and that facts were not presented this evening. She felt that over the two -year period, staff
has identified the issues with the applicants. To come in this evening and degrade staff was not acceptable. She
PLANNING COMMISSION M1iv UTES
OCTOBER 28, 1998
PAGE - 10 -
noted that grading plans have not been submitted. She expressed concern with the use of retaining walls and that
she did not see the retaining walls identified in this area. She expressed concern with soils' stability and the
destruction of the vegetation by landslides. If was her belief that there would be improvements with the sewer but
in no way would that or the improvement of the road counter act what would happen to the property. She felt that
the site was over developed. The fact that a 7,000 square foot home is proposed and to be built to the edge is
abominable. She noted that the trees have not been properly identified and noted that there is a tremendous
amount of vegetation and history of run off and soil instability associated with the site. As she has seen a total
lack of attention to plan details and the lack of necessary attention to the conditions of the site, she could not
support moving forward with the applications.
Commissioner Patrick concurred with the comments expressed by Commissioners Kaplan and Bernald. She felt
that the homes were too big and visible. She felt that it appears that homes were designed and then placed on
significant special sites. At the site visit, she was surprised that an architect was not able to design what is
necessary for sites like this. She said that she would not approve the homes on these sites. Furthermore, she
would not approve homes without plans for the stability and safety of the sites.
Commissioner Martlage concurred with the comments expressed. She did not believe that the homes are the least
bit site sensitive. To say that if you cannot get sewer, the whole project goes done the hill is stating the obvious.
The goal in a good design is to become part of the vegetation and not destroy the vegetation. In reviewing the
plans, she felt that it appears that the vegetation is highly at risk.
Commissioner Page stated that his concerns have been expressed. He said that at last night's Council meeting, the
Council heard that the problems that were fixed by geologist ten years ago have now fallen apart and that FEMA
has been called in to fix the problems. Therefore, everyone is paying for these problems. He agreed that the
design was not site sensitive and that it does not fit in. Even though the project meets setback requirements,
sometimes one needs to look where one is building a home and take it into consideration. Therefore, he would
not support the proposals.
Chairman Pierce said that the neighbors, both in letters and public testimony, have expressed concern regarding
water runoff, water erosion and landslides. He felt that it was conceivable that positive things could be done to
limit some of the problems. He felt that a sewer line would benefit all of the neighbors. However, lie did not
know how the work will be done as it appears to be an incredibly difficult project. He said that the road is an
issue as a number of trees will need to be removed. Also, of concern is the road width and the use of retaining
walls. He felt that both homes were over designed. He said that lie would support giving the applicant the
Opportunity to return with some very carefully engineered drawings with calculations on the number of trips that
would be required, how much soil is to be removed, how many retaining walls will need to be constructed and
how many trees are to be removed.
Commissioner Bernald stated that the applicant has had two years to proceed with this project, and that they have
yet to put this project together. She recommended that the Commission show the applicant how strongly the
Commission feels this evening as this may be the only action that will make an impression on the applicant. She
felt that the applicant needs to start over from scratch.
Chairman Pierce clarified that he was not recommending a continuance for the benefit of the applicant as he was
for the neighbors. He said that this could potentially be a benefit for the entire area. For this reason, he would be
Willing to continue the application.
Commissioner Patrick said that there is not enough information to review. She recommended that the applicant
PLANNING COMMISSION Mir. JTES
OCTOBER 28, 1998
PAGE - 11 -
start over as there are issues of how many truck loads of dirt are going to go through town. She felt that there was
a significant problem and felt that the applicant needs to understand that they need to restart the process.
Commissioner Kaplan said that these applications have been in the city for a long time. She recommended that
the Commission direct the applicant to resubmit an application with filing fees paid again for a brand new
project.
Commissioner Patrick asked staff if there were different code requirements from an application filed two years
ago and a current application? Director Walgren responded that there have not been any substantive zoning
ordinance amendments that would affect a project in this zoning district. He stated that the types of modifications
that the Planning Commission is suggesting are much broader than were suggested in the staff report. If the
Commission feels that the homes are over developed, new home designs would need to be submitted. This would
result in several months of delay. Given the fact that the applications have been submitted for two years already,
the city needs to be concerned with the Permit Streamlining Act requirements. He said that it would be in the
city's best interest to have the applicant start the applications anew rather than keeping the application open for
several months.
COMMISSIONERS KAPLAN /B:ERNALD MOVED TO DENY RESOLUTION NOS. DR -97 -001, BAS -98 -015
& V -98 -013 AND DR -96 -070 & BAS -98 -014. THE MOTION CARRIED 5 -1 WITH CHAIRMAN PIERCE
VOTING NO AND COMMISSIONER MURAKAMI ABSENT.
UP -98 -009 & V -98 -015 (386 -46 -008) - PECK, 12250 Paseo Cerro; Request for Use Permit approval to
construct a 528 square foot garage, with a maximum height of 12 feet located within the rear yard
setback, 6 feet from the rear property line. A Variance is also requested to allow a 6 -foot setback from
the side property line. The site is 10,920 square feet and is located in the R -I- 10,000 zoning district.
Planner Ratcliffe presented the staff report and stated that staff can make the findings to recommend Commission
approval of the use permit and variance applications.
Commissioner Kaplan asked where the new tree is to be planted. Planner Ratcliffe said that the location of the
new tree was not specified but that it is to be planted somewhere on the property. She informed the Commission
that the applicant does not feel that there was enough room to plant the tree on the property.
Commissioner Kaplan said that the applicant indicated to the Commission that the garage is to be shifted directly
behind the house and not quite as far into the side yard. She asked if the tree could be planted in the back corner
of the lot. Planner Ratcliffe said that she would need to consult the arborist regarding the size of the tree and to
determine if there was sufficient room for the tree at this location.
Commissioner Patrick asked if the applicant has spent $9,500 and whether this amount includes the installation
of an oak tree? Planner Ratcliffe responding that the total landscaping and irrigation requested was at a cost of
$9,500. She said that the applicant has installed, plants, irrigation and labor at a cost of $8,978 to date. This does
not include the cost for the installation of an oak tree as the applicant does not feel that the oak tree was
necessary.
Commissioner Patrick asked if it is a common practice to cut down a tree and then allow a property owner to re-
landscape the yard in lieu of replacing a tree?
Director Walgren said that the primary objective when a tree is removed with or without a permit is to provide
PLANNING COMMISSION Mi�., UTES
OCTOBER 28, 1998
PAGE - 12 -
replacement landscaping of native trees back onto the site. In this case, the applicant requested relief from the
requirement that $9,500 worth of native trees be planted on his property as concern was expressed that the
property could not sustain that number of trees. Regarding the rear yard area, lie agreed that there is no room for
a large tree within the rear yard of this property. The issue is whether the landscaping provided is adequate. He
said that he spoke to the property owner and that staff agreed to consider a compromise landscape replacement.
The question this evening before the Commission is whether what has been achieved to date is sufficient or is
there still a need to provide some native landscape replacement on site to be included in the front yard. He stated
that ornamental trees, lawns, and groundcovers were installed and that no native landscaping materials were
installed.
Commissioner Martlage asked if it is known who started the removal of the tree and asked how the city deals
with this problem? She asked if a licensed arborist or tree cutter were utilized. If so, were these individuals fined
as well as the applicant or does the applicant assume full responsibility? Director Walgren stated that lie did not
recall who was hired to remove the tree. He said that the property owner assumed full responsibility.
Commissioner Martlage asked if there is room on the property for a large tree, noting that the tree was located in
the area where the garage is proposed. Director Walgren said that there is no room for a tree with the
construction of a garage.
Commissioner Bernald asked if it was usual to accept self - employed mark up of plants and materials at 50 %?
She said at the site visit, the applicant and the commission discussed the possibility of donating a tree to a park or
some other location. She asked if this was a possibility?
Director Walgren said that an individual does not have to be a licensed arborist but that they are supposed to
receive a business license and have it on file in order to remove a tree. He said that it is not typical to receive a
self - employed mark up of plants and materials. He said that staff and the applicant came up with a reasonable
and cooperative solution. He said that it would be possible to donate a tree as a program has been established
where individuals can donate a tree to the city's parks department. Through coordination, the tree could be
planted in an area that is currently being maintained and irrigated.
Chairman Pierce opened the public hearing at 9:28 p.m.
Stephen Peck, property owner, acknowledged that a mistake was made in the removal of the tree without benefit
of a permit. He said that donation of a tree to the city would be the appropriate thing to do as the property does
not contain sufficient space to accommodate a large tree.
Commissioner Bernald asked who cut the tree? Mr. Peck said that a friend of his helped cut down the tree.
Commissioner Bernald said that at the site visit it was noted that Mr. Peck was shifting the garage more to the
right, closer to the pool than what is indicated on the plans. Mr. Peck responded that he did not propose shifting
the garage any further than indicated on the plans.
Commissioner Kaplan asked why the substitute planting was not native as called for. Mr. Peck said that what was
installed is spelled out in the planting list submitted to staff.
Commissioner Patrick inquired as to the cost of a 48 -inch box tree? Mr. Peck said that a 48 -inch box tree would
cost approximately $1,300.
PLANNING COMMISSION Mi,, UTES
OCTOBER 28, 1998
PAGE - 13 -
Director Walgren said that staff reviewed the landscape plan receipt but that staff could not verify the costs to
any degree of accuracy. He reiterated that the issue is whether the landscaping was a reasonable replacement
value for a healthy oak tree valued at $9,500. He said that the requirement for a 48 -inch box replacement tree
would double the value of what has been installed. He said that the applicant has been assessed a fee for the
removal of the tree.
Commissioner Martlage asked if it would be reasonable for the city to supervise this project closely to make sure
that everything goes according to plan? Mr. Peck said that he would agree to work closely with staff for the
construction of the garage.
COMMISSIONERS BERNALD /PAGE MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M.
Commissioner Patrick said that she was offended by the action to remove a tree without benefit of city review
and approval. She did not like the fact that a tree was hacked and then allowed to be removed because it had been
killed, later to be stated that a garage can be built as the tree no longer exists. She said that she would prefer to
plant a tree in the rear of the property and eliminate the garage.
Commissioner Martlage understood the desire for a garage. However, she was troubled by the removal of the
tree.
Commissioner Page felt that it was deplorable that a tree was removed with the ultimate goal of building a
garage. He also understood that there could be an ignorance of law. He noted that a fine has been paid and that
three of the neighbors have the same garage design. He felt that the offer to plant a tree in an area where it will be
maintained is an admirable solution. He felt that more damage than good would be done if required to plant a tree
in the back nor front yard as there is not much room. In light of what has been done and the fact that two wrongs
do not make a right, he could support this application.
Commissioner Bernald said that the improvements made to the property have enhanced the neighborhood. She
felt that the landscaping installed by Mr. Peck is lovely. She said that with the garage, vehicles being parked in
front of the home would now be parked in the back of the home. This being said, she could approve the garage.
She recommended that the Commission require the planting of one, if not two, replacement trees in the city.
Commissioner Kaplan said that the whole purpose of Saratoga's tree ordinance is to maintain the canopy in the
various neighborhoods. She noticed that the home next to Mr. Peck has two large, almost dead pine trees which
will eventually be removed. Therefore, this area will be treeless and that this is not the character that Saratoga
wants. She asked staff if there is a different native tree that can be planted on the corner behind the garage if the
garage is moved a foot or two forward to accommodate the tree? She felt that something should be planted to
replace the removed tree.
Director Walgren did not feel that there was a feasible location behind the garage to accommodate a native tree.
He felt that there may be room next to the garage between the garage and the pool for a different type of tree that
does not grow as large as a coast live oak. Shifting the garage closer to the home would not provide enough room
to plant a significant tree. He noted that the value of a 48 -inch box native tree is approximately $5,000. He felt
that this number may be high in terms of what you can buy. This is a good number to keep in mind in terms of
the overall replacement value of the landscaping. He said that the city could plant a tree into an area that is
currently maintained, at a cost to the city.
Commissioner Patrick said that given the information provided to the Commission by the applicant, lie has spent
PLANNING COMMISSION Mi— JTES
OCTOBER 28, 1998
PAGE - 14 -
approximately $3,700 in landscaping to enhance his home, including concrete. She felt that the applicant is
$5,800 short of what lie was requested to spend to replace the tree. She said that she would support four, 36 -inch
boxed trees being planted somewhere in the community. She said that she would want to see a tree planted on
this property.
Commissioner Bernald noted that a large oak tree exists on the property with a pine tree in the front of the
property.
Chairman Pierce felt that the Commission was intruding on what has already been worked out with staff and the
applicant. He did not believe that it was appropriate for the Commission to attach additional conditions. He noted
that the applicant has offered to donate a 48 -inch box tree to the city in lieu of the remaining money that he owes
as part of the arrangement. He felt that it was appropriate for the Commission to accept or reject this offer. He
said that he did not see any malice on the part of the applicant, noting that he is a new resident to the city. He
agrees that mistakes are made and that a reasonable price has been paid for the mistake. He said that he would
like to see a 48 -inch box oak tree or a couple of appropriately priced oak trees planted somewhere else, allowing
the property owner to plant additional fruit trees in his backyard that would be smaller.
Commissioner Kaplan said that it is part of the Commission's obligation to review applications. She said that
Director Walgren does a fine job in representing the city's interests. She said that the Commission was asked to
look at the whole project and that it became apparent that the property owner did not spend the sums that were
required and that the Commission was trying to find a way to get back the value of the oak tree that was lost. She
said that she would support planting an appropriate tree somewhere in the city for the benefit of the community
with the planting of additional fruit trees on Mr. Peck's property.
COMMISSIONERS PAGE /BERNALD MADE A MOTION TO APPROVE RESOLUTION NO. UP -98 -009
AND V -98 -015 WITH A CONDITION THAT ONE OR MORE TREES ARE TO BE PLANTED IN A PUBLIC
PLACE BASED ON STAFF'S RECOMMENDATION. THE MOTION CARRIED 5 -1 WITH
COMMISSIONER KAPLAN VOTING NO AND COMMISSIONER MURAKAMI ABSENT.
DIRECTOR ITEMS
No Director's items were noted.
COMMISSION ITEMS
Minor Modification of approved Tentative Subdivision map: BOISSERANC - FRANKLIN AVENUE
Director Walgren informed the Commission that this item will require a modification to the tentative subdivision
map previously approved by the Commission. The requested modification is to reconfigure or reassess how the
required setbacks are to be applied to lots 2 and 3. He said that the applicant found that home and the garage
would not fit in the envelop of lot 3. Staff is still requiring a 30 -foot easement be recorded along Saratoga -
Sunnyvale to maintain the greater degree of setback. With this agreement, staff would be supportive of the
modification.
THE COMMISSION CONCURRED WITH STAFF'S RECOMMENDATION AND TOOK NO ACTION ON
THIS ITEM.
PLANNING COMMISSION Mir. JTES
OCTOBER 28, 1998
PAGE - 15 -
Commissioner Page informed the Commission that it was his understanding that the lighting in the auditorium is
to be redone starting the day after the Thanksgiving weekend. It will take four to five weeks to complete this
work. He requested that staff update the Commission on this work.
Commissioner Bernald inquired about the newspaper stands in fi•ont of the Cali building and on the curb on Big
Basin Way. She requested that staff report to the Commission regarding moving the stands in front of the Cali
building and eliminating the stands that are located at the corner of Big Basin Way.
Commissioner Bernald indicated that she attended a Parks and Recreation town hall meeting last night regarding
the Marshall Lane field. She said that there was a great deal of support for the development of the field for the
Quito Little League for a farm and teeball. She said that there are a number of individuals who live on Marshall
Lane, Ravenwood and Marilyn Lane who are already impacted by traffic in the area. One of the issues raised last
night was the traffic impact associated with four week nights of practice and games being played all day on
Saturdays. She asked if the city has the ability /funding to perform a traffic calming study to address an already
existing problem with safety and the high traffic volume on Marilyn, Ravenwood and Marshall Lane? As the
adjacent school has become a magnet school that is held in high regard, it is bringing in a lot of traffic, much of
the traffic coming from outside Saratoga. She requested that staff report to the Commission regarding this issue.
Director Walgren said that staff receives a number of these requests and that these requests are referred to the
Public Safety Committee. He said that it is hoped that future consideration not be given until traffic calming
requests in Saratoga are considered by the Public Safety Commission, Planning Commission and the City
Council in the review of the Circulation Element next spring.
Commissioner Bernald expressed concern that this may be a case of putting the cart before the horse if the field
is allowed to be used for Quito Little League in the spring and that there is no one jurisdiction that is overseeing
this issue. She recommended that all views by the Public Safety Committee, Parks and Recreation, Planning
Commission and City Council be unified /coordinated and that traffic impacts to neighborhoods be studied,
especially in this confined area with limited access and parking spaces.
Commissioner Kaplan reported on the following:
At the last Planning Commission meeting, she agreed to serve on an oral board to interview candidates
for the city clerk position. She felt that it was a very interesting and productive process. She said that the
candidates ranked by the oral board will be interviewed by the City Manger.
She attended a joint meeting of commissioners at a City Council meeting. She said that the room utilized
for the meeting was less stressful and far more congenial to interacting with individuals, noting that the
lighting was much better. She recommended that the room be utilized if at all possible. At said meeting,
she used an outline prepared by Director Walgren and addressed the following: circulation element,
executive summary for the General plan, adult business ordinance, downtown development round table,
identification of major developments (i.e., Sisters of Notre Dame, Sobrato development, etc.).
Director Walgren said that the downtown development round table was a project that was suggested by council
members some time ago as a result of a discussion that grew out of the vibrancy and success of the Village at a
Council retreat. it is proposed to conduct meetings with surrounding residents and merchants, and potential
developers /known developers to consider what is it about Saratoga's plan for the Village or ordinance that may
discourage more vibrant retail and diverse development versus the construction of townhomes at the Village. It
PLANNING COMMISSION Mi,,JTES
OCTOBER 28, 1998
PAGE - 16 -
was suggested that it may be useful to get a broad group of individuals that may have an interest in the Village
Plan.
Commissioner Kaplan said that there was discussion last night with the Heritage Planning Commission and the
fact that neither they nor this commission has any authority because the Downtown Village plan has not been
codified. She said that beyond design review, the city does not have a historic district in the Village.
Director Walgren said that staff will mail out the outline referenced by Commissioner Kaplan to the Planning
Commission this week.
COMMUNICATIONS
Written
City Council Minutes dated October 7, 1998
Notices for Planning Commission Meeting of November 10, 1998
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairman Pierce adjourned the meeting at 10:05 p.m. to Tuesday, November 10,
1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk
CITY OF SARATOGA
PLANNING COMMISSION MINUTES
WEDNESDAY, OCTOBER 14, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Chairman Pierce called the meeting to order at 7:30 p.m.
Roll Call:
Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and
Chairman Pierce
Absent: None
Staff: Director Walgren
Pledge of Allegiance
Minutes - September 23, 1998
On a motion by Commissioners Bernald /Kaplan the Commission approved the September 23,
1998 minutes, amending page 11, line 5 to read: "...one large area, and that access to the heme
subdivision be where the little home exists. She said that she does not support the application and
expressed concern with the long shared driveway. It was her belief that a land use attorney could
determine an alternative that would
allow the existiniz small home to use a portion of the larizer lot without Qrantin2 a shared access
easement ... " The motion carried 5 -0 -2 with Commissioners Martlage and Patrick abstaining.
ral Communication
No comments were offered.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on October 9, 1998.
Technical Corrections to Packet
Director Walgren informed the Commission that there were two corrections to the packet as
follows:
Item #7 - Approval resolution, page 5, third to the last paragraph should reference the
main structure, not the guest house.
Item #6 - Replacement resolution which contains a number of amendments to the
resolution that are not substantive in changes but reflects the most recent meetings with
the applicant and the Saratoga Fire District Chief to restructure some of the fire protection
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 2 -
conditions. The resolution was further amended to include the standard condition that
limits the number of wood burning fireplaces for all new home construction in Saratoga
to reflect the recently adopted ordinance.
CONSENT CALENDAR
1. UP -98 -010 (379 -25 -041) AHMADIAN, 14031 Saratoga Avenue: Request for Use
Permit approval to construct a 400 sq. ft. detached garage at 15 ft. in height in the rear
yard setback as close as 2 ft. from the rear and side property lines. The plans also include
a 339 sq. ft. addition to the second floor and a 112 sq. ft. addition to the first floor of the
existing 1,446 sq. ft. residence. The site is 7,500 sq. ft. and is located in an R -1- 20,000
zoning district. (CONTINUED TO 10/28/98 AT THE RECOMMENDATION OF
STAFF TO RE- ADVERTISE PROJECT)
2. DR -98 -036 (510 -03 -001) - BEAN, 15310 Pepper Lane; Request for design review
approval to demolish an existing single -story residence and accessory structure and
construct a 6,240 sq. ft. single -story residence with a maximum height of 23 ft. 8. in. on a
55,070 sq. ft. lot. An existing 88 sq. ft. basement is to remain. The site is located within
an R -1- 40,000 zoning district. (CONTINUED TO 10/28/98 AT THE REQUEST OF
THE APPLICANT)
3. UP -98 -012 (512 -18 -042) - SO, 20650 Montalvo Heights Drive; Request for Use Permit
approval to allow a 12 ft. tall "recreation room" structure to be located within a required
rear yard setback. The property is 1.14 acres and is located within an R -1- 40,000 zoning
district.
-------------------------------------------------------------------------------------------------------------
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE CONSENT CALENDAR
ITEMS 1 -3. THE MOTION CARRIED UNANIMOUSLY (7 -0).
PUBLIC HEARINGS
4. UP -98 -011 (503 -24 -009) - KAMKAR/CANCELLERI, 14445 Big Basin Way: Request
for Use Permit approval to open a gourmet grocery market with sales of import and
specialty beer and wines (no onsite consumption is proposed). The building is 2,700 sq.
ft. and is located in the Commercial Historic 1 zoning district.
-------------------------------------------------------------------------------------------------------------
Director Walgren presented the staff report. He distributed the color scheme for the proposed
awning. He indicated that an awning is proposed to go across the entire frontage of the building.
Chairman Pierce opened the public hearing at 7:43 p.m.
Kate Kamkar, applicant, stated that the use of neon signage would not fit the image that is to be
created with the business as it is to be an upper scale, Saratoga market.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 3 -
Commissioner Bernald asked if Mr. and Mrs. Kamkar are the couple that remodeled Rapunzel's
hair salon? If so, the Commission can envision the quality that is to be put into this market.
Mrs. Kamkar informed the Commission that she and her husband remodeled Rapunzel's and that
the same crew plans to work on the market.
In response to Commissioner Martlage's question, Mr. Karnkar responded that take out food is
not being proposed at this time.
Commissioner Kaplan expressed concern with the color of the awning and stated that she did not
believe that it was compatible with the Village. She recommended the elimination of the stripe
and that an alternative be used (i.e., solid awning with the use of color contained in the signage
and the logo).
Mrs. Kamkar said that in looking at the other buildings in the vicinity, the awning is soft and
subtle. She said that it would be difficult to comprehend the entire theme of the colors under the
lights on a spec drawing. She said that she would consider changing the awning if that is a
problem.
Mr. Kainkar felt that the colors would compliment the decor of the building.
Commissioners Murakami /Bernald moved to close the public hearing at 8:45 p.m.
Commissioners Kaplan/Murakami moved to reopen the public hearing at 8:46 p.m.
No further comments being offered, Commissioners Patrick/Bernald moved to close the public
hearing at 8:47 p.m.
Commissioner Page stated that he liked the awning and the use of the stripes. He felt that the
market without the complexity of a service -type of deli would be a nice addition. Therefore, he
could support the request.
Commissioner Martlage said that she did not object to the awning and that she would support a
take out deli at some point in the future.
Commissioner Patrick stated that she did not like the striped awning until she saw the color
scheme presented this evening. She stated that she no longer opposed it.
Commissioner Bernald said that she liked the striped awning and that she was excited about the
idea of a market. She said that should a restaurant /deli be proposed in the future that it return to
the Commission for use permit review and approval.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE -4-
Commissioner Murakami said that he has no objections to the awning. Had bright colors been
used which could be spotted, he would recommend that the colors be toned down. He said that
the colors, as proposed, were acceptable. Therefore, he would support the request.
Commissioner Kaplan asked if a restaurant is defined in the code as an eating in place? She said
that she did not consider a deli to be a restaurant.
Director Walgren said that should the use be expanded to include a restaurant or deli -type
activity, it would require a modification to the use permit. He said that food prepared on the
premise and taken off the premise would not necessarily be defined as a restaurant. Therefore, a
deli could be within the scope of the use permit before the Commission. He said that staff could
determine if take out foods would not require an amendment to the existing use permit or the
Commission can specify that if any food preparation activity for consumption on site or off site
are proposed, the use permit is to return to the Commission.
Commissioner Kaplan did not believe that it was necessary for the deli to return to the
Commission for an amendment to the use permit. She said that setting up a restaurant and putting
out tables to serve food on the premise is one issue but that preparing food for individuals to take
out or sandwiches to carry away are perfectly acceptable as a market function as other markets
are providing this service in other areas.
Director Walgren stated that if the Commission concurs with Commissioner Kaplan's comments,
there would be no need to alter the use permit as drafted.
Chairman Pierce found the proposed market to be acceptable as well as the awning with the use
of the muted colors.
ON A MOTION BY COMMISSIONERS PATRICK/MARTLAGE, THE COMMISSION
UNANIMOUSLY (7 -0) APPROVED RESOLUTION NO. UP -98 -011 PER STAFF'S
RECOMMENDATION.
5. F -98 -002 (503 -15 -059 & 503 -15 -064) - HOUSE - 13320 & 13340 Old Oak Way (Lots
10 & 11): Request for approval to construct a fence to enclose more than 4,000 sq. ft. of
site area. Total sq. ft. of both lots is 10 acres. The site is located within a Hillside
Residential zoning district.
------------------------------------------------------------------------------------------------------- - - - - --
Director Walgren presented the staff report.
Chairman Pierce opened the public hearing at 7:53 p.m.
Ron Wigenton, landscape architect, requested that Section 1, Condition 1 be amended to read:
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 5 -
"Applicant shall verify that the fence on lot 44 10 is located 30 feet from the Old Oak Way right -
of way."
Director Walgren recommended that Section 1, Condition 1 be amended to read: "Applicant
shall verify that the fence is located 30 feet from the road right of way on lots 10 and 11."
Commissioners Patrick/Bernald moved to close the public hearing at 7:55 p.m.
Commissioner Kaplan thanked the contractor for giving the Commission the opportunity to view
the home as it was found to be exquisite. She stated that she did not like the fence. She felt that
when individuals buy hillside property, one has to take what comes with the hillside. She said
that a fence around the house for security reasons is one thing and that constructing a six foot
fence to keep deer out is another. If enough fencing is built to keep deer off to this property, it
will only force the deer onto somebody else's property. She said that deer may be a pain, but they
exist and come with the territory. Therefore, she could not support the enclosure of four acres of
land with a fence as it would be contrary to what has been approved in the past.
Commissioner Murakami said that he would support staff s recommendation and approve the
request based on safety. He said that the visibility factor is one that he considered and that he did
not have any objections to the request.
Commissioner Bernald said that in trying to remember the review of other applications before the
Commission, the Commission has never had the substantial coverage from topography and
landscaping that it has in this situation. Even though it bothers her that there is a request to fence
in more than 4,000 square feet in area, she could support the request in this particular application.
Commissioner Page said that he could support the request and felt that a lot of good work has
gone into the design of the home to ensure that it fits the topography, that it is screened by trees
and that the fence will not be obvious.
Commissioner Martlage concurred that the sensitivity of the design of the house is apparent and
expected that it would continue with the fencing. Therefore, she could support the request.
Commissioner Patrick said that she could not support the request because 4,000 square feet
doubled on two lots gives you an 8,000 square foot fenced area. She was not thrilled about
fencing the area as it forces deer onto other individual's property. She felt that a sensitive and
very exquisite job has been performed on the design of the home. She felt that an alternative
solution can be found to solve the applicant's problem. As too much fencing is being requested,
she said that she could not support the request.
Chairman Pierce agreed that an expanse in fencing is being requested but that the request is for a
purpose. He felt that it would be successful in keeping deer out of the vineyard. He felt that the
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE -6-
fence was designed so that it would not be obtrusive and that the community would see little of
the fence. Therefore, he could support the request.
Commissioner Patrick said that by approving the request, the Commission would send a message
that anyone residing on the hillside who loses vegetation to deer have a justification for a fence.
She felt that by approving the request, the Commission would be fencing all the hillsides.
ON A MOTION BY COMMISSIONERS BERNALD /PAGE, THE COMMISSION
APPROVED RESOLUTION NO. F -98 -002. THE MOTION CARRIED 5 -2 WITH
COMMISSIONERS KAPLAN AND PATRICK VOTING NO.
6. DR -98 -022 (397 -11 -047) - TZOU, 15030 Oriole Road; Request for Design Review
approval to demolish an existing 1,015 sq. ft. residence and construct a new 4,509 sq. ft.
home, 26 feet from natural grade, on a 30,971 sq. ft. lot. The lot is located in an R -1-
40,000 zoning district.
-------------------------------------------------------------------------------------------------------------
Director Walgren presented the staff report. He said that the plans before the Commission
address the majority of concerns previously raised. He recommended approval of the design
review application subject to minor modifications as suggested in the staff report. He said that
tree protection measures were a critical factor in reviewing this project. This was complicated by
the city arborist's desire to retain the more significant native oaks on the site and also meet the
fire district's efforts to get a reasonable emergency vehicle turn around on site. He said that the
emergency vehicle turn around has been the most difficult component of the project. He
informed the Commission that Fire Chief Kraule was present this evening to answer any
questions that may arise regarding the turn around issue. He said that staff is prepared to make a
recommendation of approval of the project subject to the conditions contained in the resolution.
He said that the only changes made this evening are related to tree #7, noting that it may not be
possible to meet the fire district's requirements and also retain tree #7. Therefore, a condition has
been included in the resolution that tree #7 shall be retained if possible. If not, its value would be
added to the replacement tree requirement. The resolution has further been modified to clarify
that the measures outlined in the staff report are subject to the fire chiefs approval. If there are
changes to the plans made this evening that would not have to come back to the Planning
Commission in terms of driveway reconfiguration, the fire chief will have the authority to make
those approvals.
Commissioner Bernald said at the site visit, the Commission talked about having the fire trucks
enter the site from the open space area. She requested that staff address this issue.
Director Walgren said that access to the site from the open space area was raised early in the
project submittal process and that it was discouraged by staff for several reasons. It was again
raised at the site visit by the Planning Commission and that this alternative was presented to the
fire chief. He said that the fire chief was prepared to speak to the many drawbacks to this access
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE -7-
versus accessing the site off of Oriole Road. Further, this alternative may be a mute point as he
confirmed with the City Attorney that the city may not legally be able to grant an easement over
a private property use across a public dedicated open space easement. It was the city attorney's
opinion that even though you might say that a fire district is a quasi public agency, if the
proposal was to provide an easement that the fire district was requesting to serve a public area,
the city can make the case that this is a public use of the land. The city attorney did not believe
that you could justify access across public open space to a single lot as a public use of the land.
Commissioner Pierce asked if the house is fire sprinklered? Director Walgren said that condition
I Od recommends the installation fire sprinklers throughout the garage and entire residence.
Chairman Pierce opened the public hearing at 8:08 p.m.
Mr. Tzou, applicant, stated that at the site visit, he presented the Commission with a handout
describing his design ideas. He stated his concurrence with elevation Conditions a, b, d and e.
Regarding the height of the stair tower (condition c), he said that if you look at the original
design submittal, the tower was lower than the main roof. During the process in working with
planning staff, several trade offs occurred based on many different factors. One important factor
was the input from the arborist. He said that there is an existing driveway in place with guest
parking located above the existing driveway. His original plan was to lower a portion of the
driveway but that in order to do so would result in grading the driveway. This may result in root
damage to the surrounding trees. It was recommended that the garage entrance remain
unchanged. If required to move the garage, it would result in the collapse of the roof line and that
the garage would obstruct a window. He said that the front elevation was not their original design
but that it was a product of a trade off process working with the arborist. Regarding the
emergency access, he said that he would accept any decisions or mandates by the city. He said
that he has been through the design process for a long time. He requested a resolution so that he
can move ahead. He informed the Commission that the 30 neighbors surrounding the home
supported this project.
Commissioner Patrick asked if Mr. Tzou plans to remove the wiring, electrical outlets, and
conduits that are found on the trees. She recommended that the removal of these items be
included as a condition of approval.
Mr. Tzou informed the Commission that he plans to remove the electrical wiring identified by
Commissioner Patrick.
Commissioner Bernald referred to drawing A that depicts the gamble roof that Mr. Tzou has
agreed to remove. She said that once the gamble roof design was removed, she realized that the
eyebrow window located above the living area is not proportional to the size of the lower
window(s). She was hoping that once the gamble roof was removed that the eyebrow (arched)
window would expand to match the lower set.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE -8-
Robert Johnson, 15043 Oriole Road, stated that the applicant has agreed to the changes requested
by staff. He requested that the Commission approve the request to allow this application to move
forward. He stated his support of the final design. Regarding the road that leads to the home, he
said that the road has been the subject of many concerns since the early 80s. He said that the fire
chief has been involved and that he is resolved with the fact that the driveway is of a sufficient
width. He said that he was surprised to hear tonight that there is a problem. He said that he would
like to see the documentation from the fire department relating to the driveway and felt that it
was time that something be put in writing to resolve the driveway issue.
James Compton, 15040 Oriole Road, read and submitted a letter to the Planning Commission in
support of the Mr. and Mrs. Tzou. He stated that he was basically in agreement with staffs
recommendations assuming that the exterior colors (painted beige with off -white trim and a gray
slate roof) are the best colors that would blend in with the natural surroundings. He said that the
home would be closer to him than the present home to be demolished. It will be a higher
elevation, closer to his elevation than the existing home and would be considerably more
massive. He requested that the new structure be as unobtrusive as possible. He recommended that
the driveway area above the concrete parking pad located next to the wood fence that goes along
the property line be planted with 4 or 5 specimen sized trees that would grow to a height of no
more than 8 to 10 feet. This would help to obscure the view of the new home from his deck and
yard and not be so high as to cut off the view of the distant valley. Of major concern to him is the
possibility of widening the driveway to have a 12 to 14 feet width with 1 foot shoulder. He said
that the existing driveway measures approximately 11 feet. One additional foot widening appears
to be all that can be done without major damage to the roots of numerous large oaks toward his
side of the driveway. He said that these oaks are beautiful and provide a significant view coming
into his driveway. He said that he has not reviewed the colors proposed for the home. Upon
review of the color board, Mr. Compton stated that he would rely on the judgement of the
planning staff. He requested that the color of the homes blend as much as possible to the natural
environment.
Mrs. Tzou said that she would not oppose the planting of additional trees at the upper driveway
area to address Mr. Compton's concerns.
Director Walgren said that upon the initial submittal of the application, the fire district sent staff
their standard list of requirements. This information was forwarded to the applicant. The
requirements were to widen the driveway to 16 feet and to provide a 33 -foot minimum inside
radius turn around at the site. He said that staff has put in a lot of time consulting with the fire
chief to come up with the condition contained in the resolution. He said that the conditions
contained in the resolution are not new and that they have been included in the project file. He
informed the Commission that the turn around does not meet the minimum turn around
requirements, understanding that tree #7 may have to be removed to resolve this issue.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE -9-
Fire Chief Kraule stated that this is the first application he has had to review in the last 22 years
that he has written conditions for. He said that the driveway, as it exits today, does not meet the
minimum standards of the fire district of 14 feet plus one foot shoulder. He said that he was
willing to minimize the impact to the trees and driveway and still make it safe for fire equipment
to drive down the driveway to the residence. He agreed to a 13 -foot driveway with a one foot
shoulder. He said that he is working with city planners and the applicant to come up with a
logical turn around without having to tear up half the mountain or remove several trees. A
reasonable turn around has been reached which would impact tree #7 which would allow a fire
truck to make a turn to get out of the driveway. He said that he is faced with an existing problem
and that he was trying to make the best out of an existing problem without impacting the entire
area by removing tree #7, widening the driveway to a minimum standard and carry on with the
proj ect.
Commissioner Kaplan said that there were comments regarding access to the site from the rear at
Crisp Avenue where she understands there are existing fire hydrants within the distance required
to lay fire hoses.
Fire Chief Kraule said that he visited the site this afternoon and noted that the distance from the
exiting hydrant where the house is located is beyond a 500 -foot distance. Therefore, a fire
hydrant would have to be placed on the access road leading to the rear of the residence.
Commissioner Kaplan asked if the new home proposed was pushed back closer to where the
existing home sits, would the fire department be able to access the home from the Crisp site
should it be authorized? She noted that the open space is a short piece of traversing empty land
and felt that the fire department could back the fire truck right up to the home because there are
no curves, mountains or trees. It would bela straight shot to the back of the house.
Fire Chief Kraule said that the fire department has to get a fire truck to the home as close as
possible to the building to fight a fire. He said that he understood Commissioner Kaplan's
comment. He guesstimated that it was approximately 600 to 700 feet from Crisp Avenue down
the private road to the back of the existing home. Thus, there would be no difference in access
distance from Oriole Street.
Commissioner Kaplan said that this issue troubles her. She recommended that this application be
continued to a study session to review alternatives. She felt that the proposed driveway from
Oriole Road is a nightmare and that she could understand Fire Chief Kraule's concern with a
truck or emergency vehicle in a rain storm or other situation. She said that it made sense to her to
access the site from the rear because it is flat, fire hydrants are in place in the vicinity and noted
that there are many easements in place. She did not believe that one more easement would make
a big difference. This would result in not having the fire trucks back out 600 feet as it is a shorter
access to the home.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 10 -
In response to Commissioner Patrick's question, Fire Chief Kraule said that a standard is to have
a home located as close as possible but within 500 feet from a fire hydrant. Also, trucks have to
be within 75 to 100 feet. He said that a fire truck has to be thought of as a carpenter's tool box.
Fire personnel have to get their tools out of the tool box. The closer that the fire department can
get the tool box to the job site, the better they are able to provide fire safety.
Director Walgren reiterated that staff has been told by the City Attorney that it does not have the
option of considering the use of the public open space to serve a single parcel. Staff can pursue
this issue further and obtain a written opinion from the city attorney. He said that Fire Chief
Kraule discussed with him another constraint that has not been discussed this evening. The
constraint is the logistic of a fire station receiving a call for a fire on this property and accessing
the site through the open space easement. The fire station system would log in an address on
Oriole Road and the concern that it may difficult for a future fireman to understand that you
access the site from Fruitvale, down Crisp, down the trail, across the open space and through a
gate to get to this particular address. Therefore, the fire hydrant issue was not the primary
constraint.
Commissioner Murakami said that it was his understanding from Fire Chief Kraule that even if
an access was approved and easements secured, physically, the fire truck cannot get close enough
from the rear access to effectively fight a fire.
Fire Chief .Kraule confirmed that the way that the home is designed, the fire truck could not
physically get close enough to the home to fight a fire.
Mr. Compton said that he did not see how the driveway could be widened to 14 feet with a foot
Shoulder without damaging the existing large oak trees.
Director Walgren clarified that staff would be willing to accept a minimum 12 -14 foot driveway
specifically to go around as many of the trees as possible and not the required 16 -foot width.
Staff could further clarify in the resolution that the city arborist is to be on site prior to any
driveway construction activity and to consult with the driveway contractor as to how this to take
place.
Mr. Compton stated that he would like to see the arborist involved before this point to make sure
that whatever is decided is not seriously going to damage the roots of the trees. He felt that it
would be too late once they started construction of the house.
Commissioners Patrick/Murakami moved to close the public hearing at 8:37 p.m.
Commissioner Murakami commended the applicant for his cooperation with this application. He
felt that the design issues have been solved as far as the applicant's willingness to modify the
plans. He said that the issue comes down to the access. He said that he was hoping that the rear
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 11 -
access could be worked out as it would have been the perfect solution. Based on Fire Chief
Kraule's comments that the fire trucks could not physically get close enough to the home to
effectively fight a fire, the only reasonable course of action left is to take the normal access route
which is unfortunately lined with beautiful oak trees. When you look at the width of the
driveway and see how close the trees are to the current driveway, one can see the difficulty in
placing anything in there without damaging some of the trees. It has been stated that tree #7 has
to be sacrificed. He said that at far as the house design, he has no objections to approving the
house with the recommended changes. As far as the access, he would have to go along with both
the fire chief and staffs recommendation, acknowledging that it would be unfortunate should
some of the trees be sacrificed.
Commissioner Bernald said that she could support the design as modified and agreed to by the
applicant. She said that she could even agree to keep the tower as presented. She also expressed
concern with access to the home. She wished that she had a better idea of how many trees are to
be removed because the Comptons and the applicants have a legitimate concern about how this is
going to change their property. She said that she was not comfortable in passing this part of the
action this evening but that she would like to be able to move forward somehow.
Director Walgren clarified that only tree #7 is required to be removed based on the fire district's
requirements. He said that the upper trees along the existing driveway will not be removed but
that they may be impacted by construction. The objective of lessening the driveway requirement
is to minimize the impact on the trees. It is hoped that the driveway can be plotted before permits
are issued for the home and that the fire chief and the city arborist are to be consulted to
minimize any damage to the trees along this area. Beyond this, the fire chief has indicated that
the fire district needs a 12 -foot minimum clearance to get their fire truck to the home. The only
other option is to waive the fire district's requirements for a 12 -foot driveway down to the home,
noting that it has been indicated that 12 feet would be adequate to get a truck down to the
property.
In response to Commissioner Bernald's question, Director Walgren said that there is the ability to
widen the roadway at the bottom and that staff would look at this solution. He said that it may be
possible to build a low retaining wall on the other side in order to provide the minimum 12 foot
driveway that will gradually wind itself in and out of all of the trees on site and not remove any
of the trees to satisfy the fire chiefs concern.
Commissioner Bernald stated that based on staff s response, she was ready to move forward. She
felt that the Commission has an application before it with a lot of support from the neighbors.
The Commission has seen a lot of changes (i.e., removal of the shutters, changes to the pop out
windows, changes to the gamble roof, widening of the eyebrow window over the living room).
With staff and the fire district reviewing and approving an access, she felt that the Commission
Should be able to move forward and that she could support the request.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 12 -
Commissioner Kaplan said that she was still troubled with the driveway and the impact to the
trees. She said that she understood that the arborist spent a great deal of time in trying to protect
tree #7 which he states is an excellent specimen tree. She said that the resolution calls for large
replacement trees on the property. She said that it may not be the best suggestion to require
bigger boxed trees initially but to require the planting of younger, smaller trees that will grow
into their environment healthy and with less disruption than a larger tree would suffer. She
recommended that an option be included that would allow the planting of smaller trees. She said
that the Commission was told by the applicants that they bought the home and then discovered
that there had been a great deal of litigation and conflict amongst the neighbors and that one can
see the result of this. She said that there are a mishmash of easements crisscrossing the area with
a no mans parcel stuck in the middle. She felt that it seemed logical to allow the applicants to
buy a piece of a land or to obtain an easement to access the site. She felt that when litigation
occurs to land areas with judges or arbitrators making land use decisions without knowledge of
the topography results is a horrendous mistake. On the other hand, the applicant needs to
understand what they are buying. If you buy a piece of property and you do not know that a
problem exists, the property owner has to bear some of the responsibilities and understand the
constraints to development before purchasing property. She said that she was not happy with the
project and that she was not convinced that she has to vote for the project this evening.
Conunissioner Patrick said that she would support either all of the application or none of it. She
said that it was exasperating to see that the neighbors are not concerned about fire access to the
site. It has been implied that this application has been back and forth before the Planning
Commission. She clarified that this is the first time that the Commission has seen this
application. Therefore, the Connnission has not sent this application back to staff for further
review. She said that this is a difficult site and that anyone that drives buy or visits the site can
tell that it is a difficult site. She said that she was unhappy that the city has a site that has public
safety constraints and that what is before the Commission is a parcel that has a house with
difficult access. She said that the Planning Commission is concerned that a hazardous situation
exists and that it would be difficult for fire personnel to deal with a fire. She said that she could
support the request with staffs recommendation and all the items discussed this evening (i.e.,
removal of all the wiring and electrical fixtures on the trees).
Commissioner Martlage concurred with the comments expressed regarding the public safety
issues. She said that she appreciated all the effort that has been put into the design of the home.
However, it was a problematic site. She stated that she sees a collection of styles with the use of
so many elements that she did not believe belonged together (i.e., the scale was off, eyebrow
windows are consistently smaller than the windows below them, the keystone seems out of
character, wrought iron being used above the entryway, and the multi - lighted French door with
vertical windows beside it). She said that she has a problem with the entire project. Therefore,
she could not support the application at this time.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 13 -
Commissioner Page felt that the applicant did a wonderful job in working with the fire marshall
and planning staff. With staffs direction, the City could mitigate the fire safety concern. In light
of all of the effort that has gone into the review of the application and with the agreement from
the fire chief and the planning director, he could support the request.
Chairman Pierce said that with the changes that have been accepted by the owners, he could
support leaving the tower a little bit higher. He said that the driveway is a difficult issue. As it
stands now, the home is in a dangerous condition. He noted that the applicant could add onto the
existing home and not have to do anything to the driveway. He felt that the City would be
helping everyone if this application is approved as this is a fire danger area. He felt that with
close supervision, the driveway can be widened appropriately as needed by the fire district and as
described by the fire chief. Given this constraint and the fact that the electrical wires are to be
removed from the trees and the site cleaned up, he felt that the application would be an
improvement to the area. Therefore, he stated his support of the project.
COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE RESOLUTION NO.
DR -98 -022. PER THE STAFF REPORT (REDUCING THE HEIGHT OF THE TOWER),
WITH THE ADDITION OF THE FOLLOWING CONDITIONS: REMOVAL OF THE
ELECTRICAL WIRING FROM THE TREES; PLANTING ADDITIONAL TREES ALONG
THE SOUTHERN PROPERTY LINE; AND THE ARBORIST TO OVERSEE THE
PLOTTING OF THE DRIVEWAY BEFORE COMMENCING CONSTRUCTION. THE
MOTION FAILED 2 -5 AS FOLLOWS: AYES: MURAKAMI, PATRICK; NOES:
BERNALD, KAPLAN, MARTLAGE, PAGE, PIERCE.
COMMISSIONER PAGE /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -98-
022 PER THE STAFF REPORT, ACCEPTING THE TOWER AS PROPOSED BY THE
APPLICANT (DELETING THE REQUIREMENT TO REDUCE THE TOWER ELEMENT
FROM THE RESOLUTION) AND THE ADDITION OF THE FOLLOWING CONDITIONS:
REMOVAL OF THE WIRING FROM THE TREES; PLANTING ADDITIONAL TREES
ALONG THE SOUTHERN PROPERTY LINE; AND THE ARBORIST TO OVERSEE THE
PLOTTING OF THE DRIVEWAY BEFORE COMMENCING CONSTRUCTION. THE
MOTION CARRIED 4 -3 AS FOLLOWS: AYES: PAGE, PIERCE, BERNALD, MURAKAMI;
NOES: MARTLAGE, PATRICK, KAPLAN.
7. DR -98 -016 (386 -54 -041) - LIOUIWU, 20161 Cherry Lane; Request for Design Review
approval to remodel and add a second story to an existing 1,956 sq. ft. single -story
residence. The proposal is for a 3,117 sq. ft. residence with a maximum building height
of 23 ft. on a 10,160 sq. ft. lot. The site is located within an R -1- 10,000 zoning district.
Director Walgren presented the staff report. Staff recommended approval with the additional
requirement that the applicant consider using wood siding on the exterior of the building to better
match and integrate with the existing homes in the neighborhood.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 14 -
Commissioner Kaplan said that the proposed right side elevation has a lot of wall with nothing
breaking up the expanse in wall. She asked if staff s suggestions correct this concern?
Director Walgren said that staffs recommendation would contribute to providing a horizontal
line on the building. He noted that the building is a relatively low expanse of wall and that any
horizontal emphases that is placed on the building will de- emphasis the verticality of the
elevations.
Commissioner Murakami said that in looking at the front elevation, there is not a lot of surface
area to be covered with siding. Therefore, the siding would help the rear and side elevations not
appear as a sheer wall and that the siding would break up the contour. He felt that the use of a
plaster -type texture would be a negative if the structure was build as proposed.
Director Walgren said that even along the front elevation there are certain elements such as the
grand entry statement and the stucco columns /exterior that are distinctly different from the
existing homes in the neighborhood. He felt that the design would stand out as new and different
from what exists. He felt that the basic design should fit in with the inclusion of wood siding or
similar material to integrate better with the existing homes.
Commissioner Kaplan asked about the semi circle window /sky light proposed in the front
elevation above the garage door. She did not believe that it belongs in this area.
Chairman Pierce opened the public hearing at 9:00 p.m.
Wayne Liou, applicant, said that during the course of the past six months, he has tried to work
with the city and made revisions to the design a few times. He said that he hopes that he has met
all regulations and requirements.
Commissioner Bernald asked if the Commission's vote depended on the use of wood siding,
would Mr. Liou agree to use wood siding?
Mr. Liuo said that at this point, he and his wife have not discussed the sidings. He said that he is
open to suggestions and that he would not oppose the use of wood siding as proposed by staff.
Commissioners Bernald /Patrick moved to close the public hearing at 9:02 p.m.
Commissioner Patrick said that she was troubled that the applicant has not considered the siding
at this time as this is the time that it needs to be determined. She said that she would not approve
the design without the use of wood siding as the design is too gray and stucco in a non -gray, non -
stucco neighborhood. She said that she would support the application per staff s
recommendation. She said that she was troubled by the half windows as they appear to be
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 15 -
randomly placed and does not seem to work with the overall design.
Conunissioner Kaplan recommended the elimination of the semi circle window(s) because the
area appears busy.
Commissioner Martlage said that the design of the home is acceptable. She said that she would
like to see the stucco removed or replaced with horizontal siding if the garage doors are to remain
horizontal, noting that they are very linear. If the use of horizontal siding is not repeated and
wrapped around the home, it would look out of place. She recommended that the windows above
the door and over the window that is round mimic the roof line. She recommended that the
windows be straightened out so that they are of the same slope as the roof line above each of
them to make them look proportional.
Commissioner Page concurred with Commissioner Martlage's comments and felt that she
excellently described the way the windows should be designed. He did not believe that the stucco
columns fit in with this particular neighborhood. He recommended that the back of the home be
broken up for better articulation. He said that he could support the application per the conditions
as laid out.
Commissioner Bernald stated that she could support the application with the changes suggested
by her fellow Commissioners.
Commissioner Murakami felt that the Commission should be focusing on the structure of the
home and its design and that the Commission should not be nitpicking such things as the
windows. He said that he could see a mismatch of the elliptical circular window located at the
top and that it does not exactly match the lower more squarish looking window above the
doorway. He said that this was a matter of personal taste. If the applicant wants to use these
windows, lie has not objecting to it. He felt that the drawings do not lend themselves to fully
showing how the windows are going to appear. If the Commission wants to have all the
windows match, he was not sure that this was something that the Commission can legally do. He
felt that the most important thing to him was how the two story structure was laid out and felt
that it was well balanced. As long as the applicant agrees to install wood siding, he was willing
to approve the application.
Commissioner Kaplan stated for the record that the Planning Commission accessed the back of
the home and looked around to see if there were any privacy impacts. She expressed her
comments previously about the windows. She said that she could support the design, as
amended.
Chairman Pierce agreed with Commissioner Murakami that the Commission was getting
nitpicky about the windows. He recommended that it be suggested that the applicant consider
changing the windows as described by Commissioner Martlage. He said that he would not
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 16 -
support a motion that would require the elliptical windows be changed. Otherwise, he stated his
support of the project.
COMMISSIONERS PATRICK/MARTLAGE MADE A MOTION TO APPROVE
RESOLUTION NO. DR -98 -016 WITH CONDITIONS THAT WOULD REQUIRE THE USE
OF HORIZONTAL WOOD SIDING AND THE REPLACEMENT OF THE WINDOWS AS
DESCRIBED BY COMMISSIONER MARTLAGE. THE MOTION FAILED AS FOLLOWS:
AYES: KAPLAN, MARTLAGE, PATRICK; NOES: BERNALD, MURAKAMI, PAGE,
PIERCE.
ON A MOTION BY COMMISSIONERS BERNALD /MURAKAMI, THE COMMISSION
UNANIMOUSLY (7 -0) APPROVED DR -98 -016 WITH THE CHANGE IN HORIZONTAL
SIDING ONLY.
Commissioner Bernald said that in her experience before a Planning Commission in another city
for a summer home, she wished that she had listened to the Planning Commission. However, she
was appreciative that they did not make their recommendations a part of a resolution. She felt
that it was good to provide recommendations regarding some of the design features because it
gives an applicant the opportunity to consider alternative design suggestions.
DIRECTOR ITEMS
DR- 97- 047/AR -97 -028 - LIN,13670 Beaumont Avenue
Director Walgren presented the staff report and recommended that the Commission accept that
the building is over 18 feet in height and direct staff to approve the height administratively.
Commissioner Martlage said that a letter was received that addresses planting along the sides.
She asked if there were stipulations about vegetation and mitigating the privacy concern?
Director Walgren said that the original approval did not have conditions imposed in a formal
resolution as it was an over the counter approval. He said that he has reviewed the letters and
consulted with the staff planner. A memo has been placed in the file that requires that a
landscape plan be prepared based on the neighbors' request. He said that there was also a request
that the city consider the condition of the property in terms of storage of material and that staff is
following up on this concern as well.
Commissioner Patrick inquired as to the process and asked if the applicant had to file an
application and pay filing fees?
Director Walgren responded that a formal application was not submitted nor have administrative
fees been paid for this review. He said that minimal fees may have been collected in order to
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 17 -
send out an additional notice for this application to cover staff s time and efforts.
Commissioner Murakami stated that this is not an uncommon occurrence as far as a
miscalculation. However, he felt that at the time of framing, an inspector should be made
available to check the height of the structure.
Director Walgren stated that at time of framing, the city requires that a qualified licensed
surveyor or engineer verify the height of the building to natural grade and that the building
inspectors accept this and place this information in the project file before the framing inspection
is passed. He said that the natural grade could have been altered at time of framing.
Commissioner Kaplan asked why construction was allowed to continue to this point? Director
Walgren informed the Commission that he would need to investigate and report to the
Commission as to why the home was allowed to get as far as it has. He said that the home has
been red tagged. He said that even though the height of the home exceeds 18 feet, it still meets
setbacks and the floor area exception for this zoning district. He said that the extra 8 inches in
height does not require a floor area exception, and it does not require an amendment to the
setbacks, nor does it need a variance. If it had, this project would have had to be readvertised as a
variance. The 18 -foot threshold is just a review and notification process. Had the building been
proposed at 19 feet in height, staff would have been required to present this item to the Planning
Commission versus just having to notifying the neighbors. Staff is advising the Commission of
the situation to give the Planning Commission the opportunity to determine if there are any
impacts.
Chairman Pierce opened the floor to public comment at 9:16 p.m. No comments were offered.
IT WAS THE CONSENSUS OF THE COMMISSION TO ACCEPT THE REVISIONS AND
DIRECTED STAFF TO APPROVE THE CORRECTED PLANS.
The Commission indicated that they did not like the fact that the building exceeded the 18 foot
height limit and that they did not want to see this happen again as it is not fair to those who have
gone through the process and who have constructed their homes per approval.
Commissioner Patrick asked staff if the home located on Saratoga Avenue with this similar
situation is ever to be completed? Director Walgren said that staff was not aware of any progress
being made toward the completion of the home. This is a situation where the city does not have a
lot of leverage as the building permit has expired unless it becomes a public nuisance or a health
hazard.
Connnissioner Kaplan said that the Commission is charged, in part, to maintain the aesthetics of
the city and felt that this uncompleted home was a poke in the eye to the city, adjacent residents
and those who pass it every day. Director Walgren said that he would talk to the owner and get a
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 18 -
status report of what is being planned for the home.
Holiday Public Hearing Schedule
Director Walgren informed the Commission that the November 11 meeting day is the Veterans
Day Holiday and recommended that the Commission hold the public hearing on Tuesday,
November 10 and conduct the land use site visit on Monday. He also recommended that the
second meeting in November be held on Tuesday, November 24, given that Thanksgiving falls
on November 26, the Thursday after the Commission's regular meeting. He recommended that
the first meeting in December be held on December 9 and that the Commission cancel its second
meeting in December as a result of the holiday schedule.
BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S NOVEMBER AND
DECEMBER MEETING SCHEDULE.
Circulation Element Update
Director Walgren presented the Planning Commission with an update on the Circulation
Element. He said that with the departure of a planner, he recommended to the City Manager that
the city put off beginning the Circulation Element Update to the beginning of next year in order
to complete other projects.
Planning Commission Oral Board Appointment
Director Walgren informed the Commission that the City Manager is putting together an oral
board to interview a perspective city clerk. The City Manager has suggested to the City Council
that the interview board consist of a council member, a planning commission, city attorney and a
department head because of the unique nature of the city clerk who happens to work with all
these groups. He said that the finance director, Council Member Shaw, and the city attorney will
sit on the interview panel. He asked if any of the planning commissioners would like to volunteer
to sit on the oral board which would take up approximately half of a day.
Commission Kaplan agreed to serve as the primary commissioner and Commissioner Page
agreed to serve as a back up to Commissioner Kaplan should she not be able to serve on the
interview board.
COMMISSION ITEMS
Commissioner Kaplan reported on a telephone call that she received on October 6 from Dave
Johnson, an environmentalist on the Blackwell property located behind Saratoga High School.
Mr. Johnson called her to discuss the fact that as part of the mitigations for the project that trees
are to be planted, noting that the trees to be planted are being ordered from another gene pool.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 19 -
Mr. Johnson requested that this matter be brought to Commission's attention as he did not feel
that it would be appropriate to bring non native trees into an area that is to be reforested with
native trees. He recommended that the Commission consider not making demands for big trees
because small trees may accommodate being transplanted and would fit into the environment.
Mr. Johnson indicated that he would be speaking with the city arborist. She recommended that
Mr. Johnson also discuss this issue with staff. She stated that she trusted Mr. Johnson's
judgement and that the City should give him the courtesy of resolving a problem.
Director Walgren stated that the city arborist has always agreed that a larger tree may not grow as
vigorous or as quickly as smaller trees. However, this has to be balanced with the desire to have a
more inunediate screening. He said that in this instance, the city could hold this riparian corridor
to a different standard than a residential landscape plan.
Commissioner Kaplan informed staff that at the intersection of Saratoga and Herriman Avenues,
PG &E or the telephone company is digging up and is under the driplines of the trees with their
equipment and piles of dirt. She asked if they know the impact being caused to the trees and
asked if the city has any control over the utilities?
Director Walgren said that utility companies do not typically notify the city when they are
starting a project unless they need a right of way encroachment permit.
Chairman Pierce said that he spoke with a tenant in the Argonaut Shopping Center and stated
that the tenant was in the opinion that things were going to be happening very quickly. He said
that he did not know what was happening with the termite issue.
Conunissioner Bernald thanked Director Walgren for communicating with Josh White at the
Blue Rock Shoot. It was her understanding from the merchants and individuals who frequent the
downtown area that the air has been quite pleasant.
Conunissioner Martlage observed that the Piim Brothers development have used peers with
reenforcement in the Hayfield Estate area. She wanted to make sure that this was appropriate for
the timing.
Conunissioner Kaplan said that Chicken Salsa business located on Saratoga - Sunnyvale Road
seems to emit a great deal of smoke. She asked if there is some kind of control on what can be
spewed as there are times that a lot of smoke is coming from behind the business.
Commissioner Murakami asked if the city is empowered to require that the business install
exhaust filters into their system? Director Walgren said that there are building code requirements
for any stove or barbecue operations and that there are also county environmental health
standards for the different types of food preparations. He said that staff would request that the
city's inspectors keep an eye on the business.
PLANNING COMMISSION MINUTES
OCTOBER 14, 1998
PAGE - 20 -
COMMUNICATIONS
Written
City Council Minutes dated September 16 and September 22, 1998
- Notices for Planning Commission meeting of October 28, 1998
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairman Pierce adjourned the meeting at 9:31 p.m. to
Wednesday, October 28, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk
CITY OF SARATOGA
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
Chairman Pierce called the meeting to order at 7:30 p.m.
Roll Call:
Present: Commissioners Bernald, Kaplan, Murakami, Page, and Chairman Pierce
Absent: Commissioners Martlage, Patrick
Staff: Director Walgren
Pledge of Allegiance
Minutes - September 9, 1998
On a motion by Commissioners Bernald / Murakami, the Commission approved the September 9,
1998 minutes amending page 3, paragraph 4 to add the following: "...sang that because the new
Hillside Ordinance excludes houses in this zoning district, she will agree to this request." The
motion carried 4 -0 -1 with Commissioner Page abstaining and Commissioners Martlage and
Patrick absent.
Oral Communication
No comments were offered.
Report of Posting Agenda
Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on September 18, 1998.
Technical Corrections to Packet
No corrections were noted.
CONSENT CALENDAR
1. DR -98 -007: (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way: Request for
Design Review approval to construct a new two story, single family residence, 4,043
square feet in size, 25 feet in height, on a 29,020 square foot lot in an R -1- 15,000 Zoning
District. A single story residence currently exists on the property. (APPLICATION
WITHDRAWN BY APPLICANTS)
-------------------------------------------------------------------------------------------------------------
Director Walgren informed the Commission that this item was continued from a previous
meeting. However, the applicant is requesting that the application be withdrawn. Therefore, no
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 2 -
action is required.
PUBLIC HEARINGS
2. DR -97 -032 (503 -72 -012) - MOORE, 21657 VINTAGE LANE: Request for Design
Review approval to construct a new 6,737 square foot single story residence on a 131,387
square foot lot. The application also includes a request for an exemption from the five
foot underfloor clearance limit and a request to exceed the 1,000 cubic yard grading limit
for lots in a Hillside Residential zoning district. The height of the residence is 23.5 feet.
------------------------------------------------------------------------------------------------------- - - - - --
Director Walgren presented the staff report. He recommended discussion regarding the grading
to construct the home separate from the landslide repair. He said that there are still approximately
1,400 cubic yards of cut and fill necessary to construct the home, separate from the landslide
repair, much of which is necessary for the driveway itself. He informed the Commission that a
vehicular driveway will be necessary to access the garage but that there may be some room to
reduce the amount of turn around area adjacent to the garage and to reduce the amount of
grading. He indicated that a letter was received from John and Nancy Kwong, 14581 Saratoga
Heights Court, requesting that sufficient landscape screening be planted along the elevation to
reduce the driveway's impact on their views.
Commissioner Bernald asked if it was staffs belief that this piece of property would be better off
for the entire neighborhood in terms of geologic concerns if the landslides are to be repaired?
Director Walgren stated that in order to build the home, the geologist has indicated that the
landslides are severe enough that they need to be repaired to accommodate this proposal. He
stated that there would be a benefit in repairing the landslide. He said that another issue that is
unique to this property is that it is not a hillside that is densely wooded where a lot of vegetation
would have to be taken out in order to repair the landslide. If the slope is recontoured properly,
the end result should not be noticeably different. He clarified that the 1,000 cubic yard limitation
is mostly a design standard relative to new construction in the hill to prevent large grading of
hilltops or large fill plateaus to extend a yard area. He said that when this limitation was adopted,
it was not adopted to address limiting landslide repairs.
Chairman Pierce opened the public hearing at 7:43 p.m.
Tony Jeans, project designer, submitted a list of immediate neighbors above the property in
support of the request. He said that the neighbors have asked that strong consideration be given
for the construction of a single story home. He was also asked by the neighbors on Saratoga
Heights to consider a single story home. He felt that a single story home was much more in
keeping with what the neighborhood wants to see. He addressed the design of the home,
including the use of stone trim. He also addressed the request for the two exceptions. He
furnished the Commission with a model of the proposed home that depicts the additional
landscape screening to address Mr. and Mrs. Kwong's concern. He said that he tried to design a
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 3 -
home that presents itself well to individuals across the valley and to the benefit of his client. He
did not want to destroy the architectural integrity by having to step down the extra two feet. He
felt that the two story home approach would have pushed the home much closer to the neighbor
above and block a view corridor. He said that the back of the home has been depressed where the
grading issue comes into play. He informed the Commission that there have been four landslides
on the property in the past 11 years. One of the reasons for repairing the landslide is to provide a
safe feeling to the property owner and to the adjacent neighbor. He informed the Commission
that the landslide repair will take approximately 10 days to complete and that it can be repaired
without the removal of any trees or landscaping. The soil will be put back at its current level and
that immediate planting areas will be provided.
Mr. Jeans said that the driveway is required for emergency vehicle turn around and parking. He
said that he has depressed the driveway into the ground so as to allow the neighbor to get as clear
of a view corridor as possible. He stated that it is proposed to have 900+ yards of cut for the
driveway and that the cut would be exported off site. He said that the driveway could be sloped a
little more with minimal grading.
Karlina Ott, 21750 Vintage Lane, informed the Commission that she supports the design of the
single story home as it does not block her view and that it would not provide her with an
expansive view of a big roof.
Dipak Basu, 21777 Vintage Lane, resident directly up the hill from the subject property, said that
he appreciated the fact that his concerns were taken into account. He stated his support of the
single story design, including the installation of trees to screen the two properties to address his
view corridor and privacy concerns. He requested Commission approval.
Jon Kwong, 14581 Saratoga Heights Court, expressed concern with cars turning around on
Congress Hall Lane and the impact of light beams creating a night nuisance. He said that he has
spoken with Mr. Jeans who has assured him that sufficient screening would be installed to
address his concern. He also expressed concern with the installation of a fence around the
vineyard. He said that a deer fencing with the use of 6 x 6 posts and the use of netting does not
add to the neighborhood and detracts from the open space.
Director Walgren informed the Commission that the fencing would not only enclose the vineyard
but would enclose more than 4,000 square feet of the property within the Hillside Residential
zoning district. This would require a separate application process with its own set of findings. As
the fencing was not proposed until after the point that it was too late to advertise this component
of the project, it will be a later application if the homeowner wishes to pursue the request to
enclose the vineyard.
Mr. Jeans informed the Commission that the request to enclose the vineyard came at the request
of the neighbors who reside across the valley. He said that he would agree to install a vineyard if
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 4 -
some sort of invisible fencing is installed, acknowledging the fact that the request for fencing
was too late to be included as part of this application.
Commissioners Murakami /Bernard moved to close the public hearing at 8:03 p.m.
Chairman Pierce noted for the record that the Commission was in receipt of a petition with the
names of approximately 16 individuals in support of the application.
Commissioner Page stated his support of the design and the presentation of the model. He said
that in light of the two other applications the Commission received regarding landslides, he has
concerns about building a home where the property has had four landslides in eleven years. He
recommended additional landscape screening in the back area where the pool is to be installed
for privacy reasons. He appreciated the fact that additional screening is proposed to address Mr.
Kwong's concerns. As the applicant has support of his neighbors, he would support the request.
Commissioner Bernald expressed concern with the four landslides. She said that she has
repeatedly inquired about the ability to correct landslides and that she has been given some
assurance that the repairs will improve the property. She appreciated the fact that the home is to
be a low profile home from the valley and that it would not block view corridors. She also
appreciated the fact that the applicant /designer worked with the neighbors. However, she
expressed concern with the driveway. From her experience, when she has large groups come to
her home, her visitors park on the street and do not use her driveway. She stated her support of a
smaller driveway with less cut as she was not convinced that it would help people driving in the
area and that guests would park on Vintage Lane. With the exception of the driveway, she stated
that she could support the application as presented. She noted that the fireplace ordinance
condition was not included in the resolution of approval and recommended that it be included as
a condition.
Commissioner Murakami concurred with the comments expressed by Commissioner Bernard. He
appreciated the fact that this is not a two -story home as it protects view sheds. He expressed
concern with the slide areas as far as the way that they are to be corrected and how stable they
will be in the future. He said that the Commission has to rely on the geologists and that it gives
him comfort with their review. He said that he would be willing to approve the home as he likes
the way it is sited on the slope. He also expressed concern with the driveway and recommended
that it be reduced in size. If there are turn around safety reasons that warrant the size of the
driveway, the Commission may be forced to approve it. Therefore, he was ready to approve the
application.
Commissioner Kaplan said that while she appreciated the comments regarding the applicant's
efforts to work with the neighbors and the fact that she likes the models and drawings presented,
she has yet to have any confidence in building a home in a landslide area. No matter how much
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 5 -
engineering is put into it, she does not know how one can possibly place a home on a landslide.
She noted that there are two other items on the agenda this evening, both requiring significant
landslide repairs. She felt that a short two story alternative design can be built. She said that she
would not approve this project as it was her believe that the city and the property owner were
looking for trouble by allowing the construction of a home in a landslide area.
Chairman Pierce felt that it was important to repair landslides and that the City has to rely on its
engineers on how landslides are to be repaired. He felt that the property would be better off once
repaired. He liked the design of the home but wished that it was not quite as big. However, it was
a nice design as it fits in well with the property, it has a low profile design and that it would be a
good addition to the area. He said that he too would like to see a vineyard installed some day. He
said that he was not concerned with the size of the driveway and that he did not believe that
individuals would park on the cul -de -sac. He felt that extra parking in the driveway was
appropriate. Therefore, he would support the application.
Commissioner Kaplan said that should the project be approved, she recommended that the least
amount of driveway cut and fill be required. However, she said that she would not support the
project. She reiterated her concern with the safety of the property. She said that she has faith in
the geologists and technician. However, she has a certain amount of common sense in life
experience. She reminded the Commission that at a Planning Commission retreat, the city's
geologist was in attendance. He explained the technical items that can be performed to stabilize
the land, later to state that bedrock also slides.
Commissioner Page said that reducing the size of the driveway will not make a difference one
way or another as there will not be enough square footage taken out.
Director Walgren said that there would be approximately 1,000 cubic yards of grading to
construct the driveway and the turn around. He said that his comments are two -fold: 1) reduce
the grading to the extent that it can be reduced and yet provide some guest parking on site; and 2)
reducing the amount of paved driveway surface. Reducing the amount of paved surface can be
done by incorporating turf block or pervious paving treatment into the guest parking areas where
it is not going to be traveled frequently by vehicles. He recommended that a condition be added
to state that to the extent possible, the driveway paved area is to be reduced, pervious pavers are
to be used in the guest parking areas, and that the grading quantity be reduced as much as
possible.
On a motion by Commissioners Bernald /Murakami, the Commission approved Resolution No.
DR -97 -032, incorporating staffs recommendation regarding the reduction of the driveway paved
area and the use of pervious pavers, including the reduction of grading; and the inclusion of the
fireplace ordinance as a condition of the resolution. The motion carried 4 -1 with Commissioner
Kaplan voting no and Commissioners Martlage and Patrick absent.
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 6 -
3. V -98 -008 (503 -53 -021 & 503 -53 -020) - ANDERSON /CHAN, 20972 & 20998 Sarahills
Drive: Request for Variance approval to construct a new retaining wall with a maximum
height of 6 feet. The site is located within an R -1- 40,000 zoning district.
-------------------------------------------------------------------------------------------------------------
Director Walgren presented the staff report. He recommended the use of wood panels instead of
the use of precast concrete panels slides as the use of wood would be less obtrusive on the
hillside.
Chairman Pierce opened the public hearing at 8:14 p.m.
Hazel Anderson, applicant, stated that her contractor first gave her a bid for the use of wood. She
went back to him to request that concrete be used instead of wood because she did not want to
deal with the replacement and /or maintenance of wood in ten years. She said that she installed
fencing on a rental property within the last 10 years and that already the pressure treated posts are
rotted out. She informed the Commission that her contractor installed a wood retaining wall up
the hill and that the contractor had problems getting wood without cracks. She said that the
plantings on the slope were approximately six feet or higher and that they have slid down. She
proposes to install new drought resisting plantings in front of the retaining wall. Therefore, in a
very short time, the wall will not be seen at all. She said that the single Camphor tree at the
bottom of the hill is to remain.
Ray Chan, 20998 Sarahills Drive, adjacent property owner, shared Mrs. Anderson's concern
regarding the use of wood versus precast concrete. He recommended that the wall be done just
once. He informed the Commission that he installed a wood retaining wall only to be brought
down by a landslide. If vegetation is planted, it will screen the wall in a short period of time.
Robert Harvancik, wall designer, informed the Commission that both wood and concrete can be
used. However, he supported the use of concrete as it gives his client the sense of security. He
said that in 40 years, wood would decay while concrete will remain. He requested approval of the
wall height and the use of the materials as submitted.
Commissioner Murakami inquired about the exhibits presented to the Commission. He noticed
that the drainage pipe had been broken. He asked if this area has a drainage problem as the
diversion of water may be an issue at a later date.
Mrs. Anderson said that the drainage comes from the patio area to a holding area, then goes
down the hill and into the street. She said that the drainage pipe was broken by the landslide.
Commissioner Kaplan noted that the drainage pipe was never piped under and that the water
flows over the surface. She asked if the drainage is to be corrected? She asked how a retaining
wall can be constructed and still leave water cascading off the face of the hill?
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 7 -
Mrs. Anderson responded that there are no plans to correct the drainage and that a new drainage
pipe has been installed.
Director Walgren said that it was his belief that the pipe brings the drainage from the patio down
to the street and into the public storm drain and not from the hill.
Commissioner Page inquired as to what is to be done with the soil that has come down with the
slide with the repair of the retaining wall? Mr. Harvancik responded that the retaining wall
would be installed first. The existing material will be used to compact the hill below the wall and
that grading will be minimal.
Director Walgren said that there is a significant difference between this application and the other
retaining wall variance to be heard later this evening. In this case, the landslides are shallow and
active as a result of either deep topography or excessive rains and over saturation of loose soils.
In this case, the approach is not to excavate the soil but to repair the landslide and to build a
retaining wall at the base of the landslide to shore up a much smaller local area.
Mr. Harvancik clarified that a wood retaining wall would only last 40 years and that concrete
would last 60+ years.
Cormnissioners Murakami /Bernald moved to close the public hearing at 8:26 p.m.
Commissioner Kaplan said that wood looks nicer at the onset. She asked if there is a significant
life expectancy from the use of concrete with the use of steel piers instead of wood?
Director Walgren responded that steel piers would be used in either event and that either heavy
wood beam panels or precast concrete beams would be used. He said that concrete would have a
longer life span than wood. He said that these are major engineered structures that can withstand
the load. He said as an alternative, the applicant can use a rough concrete panel, painted a dark
brown color to resemble a wood beam.
Commissioner Murakami said that he would support the applicant's request for concrete. He
expressed concern with the drainage pipe and recommended that the drainage be improved so
that there will be no problems with the wall in the future. He said that he could support the
variance.
Commissioner Bernald concurred with the comments expressed by Commissioner Murakani.
She expressed concern that there might be some cause above that is causing the landslide. She
recommended that the applicant look at drainage alternatives that would help mitigate the
situation. Given the applicant's strong feeling for the use of concrete and the fact that a color
pigment can be placed in the concrete, and knowing that it is getting more and more difficult to
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 8 -
get quality wood these days, she could support the applicant's request for the use of concrete and
the application.
Commissioner Page concurred that the variance is warranted and would support the request if
something can be done with the concrete coloring.
Commissioner Pierce concurred with the comments expressed. He recommended that a condition
be included that requires the installation of landscaping along the retaining wall with the
inclusion of an irrigation system.
Director Walgren informed the Commission that the installation of landscaping is included as a
condition in the resolution but that it could be modified to specify the installation of an irrigation
system.
Commissioner Bernald recommended the use of a drip irrigation system that does not require
excavation.
On a motion by Commissioners Murakami /Bernald, the Commission approved Resolution No.
V -98 -008; 20972 and 20998 Sarahills Drive, requiring that a brown color pigmentation be used
in the concrete panels, and the installation of a drip irrigation system. The motion carried 5 -0
with Commissioners Martlage and Patrick absent.
4. SD -98 -004 (397 -02 -002) - SNYDER, 18630 ALLENDALE AVENUE; Request for
Tentative Subdivision Map approval to create two lots from one existing 2.5 acre lot.
The site is located in an R -1- 40,000 zoning district.
-------------------------------------------------------------------------------------------------------------
Director Walgren presented the staff report.
Commissioner Bernald said that staff mentioned that with the driveway situation, the existing
home would be removed. She said that she was confused at the site visit with a "For Sale" sign
on the property and that the existing home contained a lock box. She did not understand why
there was a lock box on the home if the Commission is looking at something that states that the
home is to be removed.
Chairman Pierce opened the public hearing at 8:35 p.m.
John Voisinet, 1408 Peddle Way, San Jose, informed the Commission that he was in the process
of purchasing the property. He said that the reason for the lock box was due to the pending sale.
He said that following this meeting, escrow will close. He said that he has been working with
staff to minimize impacts to the neighbors. He said that the home will barely be visible from
Allendale and that an 80 -foot rear yard setback is to be provided. He stated that the road is
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 9 -
narrow at the point where a bridge is to be installed. A four -foot sidewalk is also proposed down
the frontage of the property with the installation of a foot bridge across the street. This is at the
request of the city engineer as it is a dangerous area of the road.
Commissioner Page asked if a sidewalk is to be installed across to the smaller parcel?
Director Walgren felt that there would be an effort to have the two parcels connected by a
walkway. The expense for the walkway has been arranged through the public works department.
He was sure that there are plans to either pay for that portion or to provide another means to
provide the connection.
Edward Long, 18657 Ravenwood Drive, stated that Wildcat Creek is located to the rear of his lot
and that the city is currently providing repairs to the creek for a washout of a drainage pipe and
erosion. He said that there is an existing home on the property bordered by the creek with a
beautiful natural setting. He felt that three homes would be too much development and that in the
future, there will be a request for the installation of a swimming pool, a playground and parking
of RVs. He said that he protests the development of the parcel. However, if the application is to
be approved, he requested that the home be moved to the north, that the driveway be shortened to
reduce the impacts to the tract homes located to the south. He reiterated his objection to the
request and requested a greater setback to allow his right to a quite enjoyment. He indicted that
he has an oversized lot of approximately one third of an acre. He said that his lot sits up higher
and that he would have a view of whatever is built. At this time, he has a view of the trees and
the creek and that anything constructed would disrupt his views. He requested that the driveway
be shortened and that the home be setback ftirther to allow for future expansion in growth and
activities and that a single story home be constructed in the future.
Dave Hoerger, 18579 Ravenwood Drive, expressed concern with the rear yard setbacks and how
the setbacks relate to this backyard. He concurred with the comments as presented by staff.
Commissioner Bernald stated that in the past, individuals have come before the Commission
requesting the construction of single story homes. Once built, it became apparent that a wide
(massive) single story home is built. She asked Mr. Hoerger his opinion on this issue.
Mr. Hoerger said that he was far enough away from the parcel that he was not affected as directly
as other property owners. However, he would support the construction of a single story home and
not have a second story home looking down into his backyard.
Jeff Lichtman, 18615 Ravenwood, stated that he shares a back fence with the applicant. He
requested that a two -story home not be built and that the home be setback far enough from his
back fence as it is a deep lot.
Commissioner Kaplan said that often, it is requested that single story homes be approved and
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 10 -
that very large, single story homes are eventually built. She felt that individuals are more
concerned with the total height of the home irrespective of whether it is a one story or two story
home. She also felt that a fairly compact, two story home can be designed. She recommended
that individuals keep this in mind. She said that she was not inclined to place a height restriction
on the home at this time as it was not warranted.
Mr. Lichtman said that the request for the approval of a single story home was more of a privacy
issue.
Director Walgren indicated that the typical height of a contemporary single story building is
approximately 22 feet and that the height can go up to 26 feet with a certain architectural style
with a steeply pitched roof. Conversely, one can design a two -story home that does not exceed 22
feet in height, keeping the profile as low as possible.
Myron Tygar, 18632 Allendale Avenue, stated that he has no real objections to the plans as
presented. He said that working with Mr. Voisinet has been pleasant and that he has worked with
him to address his concerns. He felt that this appears to be a reasonable development for a pretty
piece of property.
Commissioner Kaplan asked how long Mr. Tygar has resided at his residence. Mrs. Tygar
responded that the home was built in 1954.
Mr. Voisinet said that he has tentative conceptual plans for a single story home for lot 1 that is
proposed at 4,100 square feet and that it will be less than 18 feet in height to minimize impacts to
the neighbors. A two -story home is proposed on lot 2 due to the hill, creek and setback
requirements at 4,100 square feet and that it will be less than 26 feet in height. He said that the
request before the commission is for a lot split and that the design of the home will be addressed
at a later date. He concurred that he is proposing an 80 -foot rear setback, acknowledging that the
homes behind his property also have a deep rear setback. He noted that screen trees are already in
place (24 inch walnuts). He did not believe that the homes would be visible. He would support a
condition which states that the mature trees are not to be removed. He said that the home is being
pulled away as far from the creek as possible to preserve the creek. The footprint of the home is
small in order to minimize grading. He requested that he be allowed to lower the home a little bit
more.
No further comments being offered, Commissioners Bernald /Kaplan moved to close the public
hearing at 8:53 p.m.
Commissioner Murakami said that when he first saw the land he did not like it as he does not like
subdivisions on these types of lots. However, this is a legal lot split, noting that the lots are large.
He expressed concern with the way the property is accessed, but that these concerns can be
addressed. Should this application be approved, he recommended that the Commission be
watchful of what is built on these lots (i.e., existing creek and access to the lots).
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 11 -
Commissioner Kaplan expressed concern with the application. She stated that she understood the
concern of the neighbors to the rear. She said that the Commission has heard from residents that
empty lots are being developed and encroaching their properties. She said that one can't stop
development. She said that she would recommend the removal of the small home and make it
one large area, and that access to the subdivision be where the little home exists. She said that
she does not support the application and expressed concern with the long shared driveway. It was
her belief that a land use attorney could determine an alternative that would allow the existing
small home to use a portion of the larger lot without granting a shared access easement. She
expressed concern that as people move out and others come in that this kind of shared access
corridors create havoc.
Commissioner Bernald felt that the two parcels would be beautiful as they would be large
enough to handle the proposed 4,100 square foot home. She was pleased that a 6,500 square foot
home was not being proposed. She expressed concern with the easement but that she knows that
they work well as it works in her neighborhood. She felt that the lot size was comfortable and the
size of the home is proportional and that the Commission can work with the neighbors to provide
screening and an appropriate height to mitigate the neighbors' concerns. She said that she could
support the request.
Commissioner Page asked who would maintain the private driveway? He urged the applicant to
work very carefully with the neighbors at the time he is ready to design the home. He felt that
there would be two beautiful homes when they are completed.
Director Walgren said that the dual driveway is similar to that of a private road. It is a shared,
minimum access road that is to be maintained jointly by the users.
Commissioner Pierce felt that the city should encourage more shared driveways to provide less
coverage of land. He said that there were other shared driveways approved recently and that they
work well (i.e., the Blackwell application). He said that this appears to be a good project even
though it was unusual with the small home in front, noting that the Commission cannot do
anything about the existing home. He said that he could support the project as presented.
On a motion by Commissioners Bernald /Page, the Commission approved Resolution No. SD -98-
004. The motion carried 4 -1 with Commissioner Kaplan voting no and Commissioners Martlage
and Patrick absent.
5. V -98 -010 (503 -51 -012 & 503 -14 -044) - GODDARD /BINKLEY, 13502 & 13570
Pierce Road; Request for Variance approval to repair and extend an existing 12 foot high
retaining wall. Maximum height is proposed to remain at 12 feet. The site is located
within a Hillside Residential zoning district.
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 12 -
Director Walgren presented the staff report.
Commissioner Murakami asked if the applicant has indicated how the equipment would access
the site? Director Walgren said that he was sure that arrangements have been made on how the
equipment is to access the site but that he has not discussed this issue with the applicant.
Commissioner Page asked if a soil sampling has been performed to determine if this is just a
surface slide and not anything deeper?
Director Walgren said that the applicant can speak to this question. He said that as this is an
active landslide and that the application is only to shore up the landslide, the city's consulting
geologist was not involved in the review of the retaining wall. However, the geologist will be
involved in the inspection and the construction of the wall.
Chairman Pierce opened the public hearing at 9:05 p.m.
Paul Goddard, applicant, said that the landslide problem occurred in 1995. He said that he has
spent approximately $30,000 to clear up the mud and make temporary repairs. He said that he
has extensive experience with the existing walls. He said that the original retaining wall was built
in 1990 with additional repairs to the hill in 1992 and 1994. Even with the extensive rains of last
winter, the hill remains very stable underneath the wall. The problem appears to be extensive
subsurface water movement which has since been drained off the property. He said that the lack
of stability occurred in 1995 with a bad storm. Since 1995, he has been in discussion with the
insurance companies as to how the repairs should be funded and that this has been settled in the
last few months. He was convinced that the majority of the problem would be taken care of with
this particular wall. Regarding construction access, he said that he has already made some minor
repairs to the wall this year. There is an access road to get up to the area with the wall itself to be
manually built. He said that the existing retaining wall is constructed of wood material and that if
it lasts 40 years, he would be happy.
Commissioners Bernald /Kaplan moved to close the public hearing at 9:07 p.m.
Commissioner Murakami said that at the site visit, he understood the need for shoring up the
retaining wall. He said that he has experience with this type of situation and that he knows that
during bad weather it can be precarious to have mud and rocks starting to slide. He said that he
could support the variance as it would bring an end to the instability of the hill.
Commissioners Kaplan, Bernald, Page, and Chairman Pierce concurred with the comments
expressed by Commissioner Murakami.
On a motion by Commissioners Kaplan/Bernald, the Commission approved Resolution No. V-
98 -010 as presented by staff.
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 13 -
DIRECTOR ITEMS
Director Walgren indicated that there were no director's items to report.
COMMISSION ITEMS
Commissioner Kaplan asked what is happening with Navico located on Sunnyvale- Saratoga
Road? She expressed concern with the growth of weeds as it is an eyesore. Director Walgren
said that he expected the project to pick up again and that he was not certain why they have not
begun to complete the construction of the subdivision. He said that he met with Navico and
emphasized that there was a strong desire to get the project going and cleaned up. Navico assured
him that this would take place as quickly as possible. He said that he would contact them to find
out the status. He said that every spring, the fire district conducts a weed abatement program and
that staff will add properties to the list of weed abatement as deemed necessary.
Commissioner Kaplan requested an update of the Argonaut Shopping Center.
Director Walgren said that the owners of the Argonaut Shopping Center are still negotiating with
one of its major tenants over the parking lot configuration. He said that it is Long's policy to have
larger diagonal spaces for their customers because they are easier to pull into and get out of,
noting that the parking lot was designed with right angle spaces in order to meet the city's
parking requirements. He said that the city is holding off on issuing any of the permits until the
permits are approved for the overall center improvements. He said that Argonaut has exhausted
their extensions and that Argonaut has six months to activate the permits for center
improvements or the entire project expires. He said that City ordinance allows either diagonal or
right angle parking spaces and that the ordinance addresses minimum spaces per gross square
footage of commercial areas. He said that a very specific site and use parking analysis was
prepared that states that based on peak holiday traffic at full occupancy, the parking reduction
approved allowed just enough parking that would be needed during peak sessions.
Commissioner Bernald said that it was brought to her attention that the Argonaut center is
termite ridden. She asked if the center is going to remain open during the remodel?
Director Walgren said that it is planned to keep both Safeway and Longs, including the tenant
shops, open during the remodeling. He said that he was not aware of the tenting of the center for
termites.
Commissioner Bernald noted that the Commission's packet including a letter to Josh White
regarding the Coffee Roasting Club hours of operation. She asked if staff has received a response
to this letter? Director Walgren said that he has not received a response from this letter.
However, he did speak with Mr. White and explained the benefits in having him accommodate
PLANNING COMMISSION MINUTES
SEPTEMBER 23, 1998
PAGE - 14 -
the suggestions in the letter. Mr. White implied that he would comply with the recommendations.
He said that staff would monitor to see if he is complying or whether there continues to be
complaints.
Commissioner Bernald indicated that she has not received any complaints since the letter was
sent to Mr. White.
COMMUNICATIONS
Written
City Council Minutes dated September 2 and September 8, 1998
- Blue Rock Shoot letter
- New Assistant Planner memo
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairman Pierce adjourned the meeting at 9:17 p.m. to
Wednesday, October 14, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA.
MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, September 9,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Patrick, and Chair Pierce
Absent: Commissioner Page
Staff: Director Walgren, Planning staff Crowley
Pledge of Allegiance
Minntpe
• August 12, 1998
APPROVED 5 -0 (.PATRICK ABSTAINED).
Oral Communications
• Commissioner Bernald brought up a safety issue of concern to parents and reported that two children who were
bike riding without wearing helmets had been injured in a recent accident. She stressed the importance of
having children wear helmets while riding and of enrolling them in bicycle training classes.
Report of .Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 1998.
Technical Corrections to Packet
Item #2 (Country Club Homes /Oakley):
• Page 2 - Attachment 3 will be corrected to read "Staff Report dated August 12, 1998."
• Approval Resolution - Conditions of Approval will be numbered to read " #I - #17" (Condition #6 was
duplicated in the original Resolution).
Item #5 (Wharton):
• Page 2 - Attachment 3 will be corrected to reflect that the Arborist report was prepared and dated July 7, 1998.
CONSENT CALENDAR
PUBLIC HEARINGS
Planning Commission Minutes _ Page 2
September 9, 1998
1. DR -98 -026 (APN 397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20018
Spaich Court; Request for Design Review approval to construct a new 5,998 sq. ft. home on Lot #2 of the
Spaich /Hayfield subdivision. The height of the residence is 18 feet from natural grade. The site is 40,000
sq. ft., located within an R -1- 20,000 zoning district. (CONTINUED FROM 8/12/98).
Walgren presented the staff report.
The public hearing was opened at 7:44 p.m.
Chuck Bommarito, applicant's representative, agreed with the staff report and was available to respond to
questions.
Kaplan asked if a color drawing of the house is available, and confirmed there would be one wood burning
fireplace.
Patrick asked about the color board.
Pierce asked about roof composition.
Bob Williams, La Paloma Drive, felt the house is excessively large and asked that the Commissioners be aware
of this situation when considering future applications.
The public hearing was closed at 7:50 p.m.
Martlage agreed that the houses are large, but they are within the City's guidelines and consistent with other
houses in the area.
Patrick did not like the design and felt that the house does not fit in with the neighborhood.
Bernald liked the design but would prefer to see more craftsman style and less prairie style.
Murakami said the design seems to match other houses in the area, but was concerned about grading.
Kaplan concurred.
Pierce asked about the height of the physical structure. Discussion followed regarding height of structures and
the way height is measured.
Bernald asked that true height as well as natural grade height be included in future staff reports. Walgren said
that staff will incorporate this suggestion.
BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -026 WITH A CONDITION THAT THERE BE
ONE WOOD BURNING FIREPLACE; MOTION PASSED 5 -1 (PATRICK OPPOSED).
2. DR -98 -023 (APN 397 -09 -007) - COUNTRY CLUB HOMES /OAKLEY, 19222 Monte Vista Drive;
Request for Design Review approval to construct a new 6,136 sq. ft., single story residence on a 1.06 acre
parcel in an R -1- 40,000 zoning district. (CONTINUED FROM 8/12/98).
Walgren presented the staff memorandum.
Planning Commission Minutes -. Page 3
September 9, 1998
Murakami asked about the overall design of the neighborhood and the predominant style of architecture. Walgren
responded that there is an eclectic mix of styles, but that most of the homes are of the California Ranch design.
Kaplan asked that the condition to allow one wood burning fireplace be made clear in the Resolution.
Marty Oakley, applicant, discussed the changing neighborhood, revisions made to the design of the house, support
of the neighbors, and preservation of trees.
Kaplan asked if the house is less expansive on the pad and discussed the floor area exception request, saying that
because the new Hillside Ordinance excludes houses in this zoning district, she will agree to this request.
Murakami asked which options had been addressed in redesign of the house.
Bernald questioned Mr. Oakley about his inspiration for the design of this house.
Patrick asked how the applicant planned to deal with drainage issues and whether any problems would be corrected.
Martlage mentioned a large quantity of soil stored and mounded next to the house.
Cloyd Marvin, Via Colina, felt that upgrading of the neighborhood is needed and that more diversity of homes is a
positive move.
David DeCarion, Monte Vista Drive, discussed the site map, drainage problems, driveway size, tree preservation,
and the applicant's lack of contact with the neighbors.
Robert Mitro, Monte Vista Drive, was concerned about the amount of grading required due to the heavy water, and
wondered if a local assessment district might be formed to address storm drainage resolution and storm water
runoff.
The public hearing was closed at 8:45 p.m.
Kaplan asked that the resolution include a condition that the house not be built until the issue of drainage has been
addressed.
Murakami felt the design is nicely done and was pleased that the drainage issue is being addressed.
Bernald asked if the applicant will be required to landscape the front yard; Walgren said that requirement can be
included as a condition of approval.
Patrick noted that all the houses in the area are large but felt that this house is not compatible with the neighborhood.
Martlage concurred with Patrick that the house is not compatible and was concerned that the character of the
neighborhood will change.
Pierce liked the design and felt the house is an appropriate addition to the neighborhood.
BERNALD / MURAKAM:I MOVED TO APPROVE DR -98 -023 WITH CONDITIONS TO INCLUDE AN
ENGINEERED DRAINAGE PLAN, LANDSCAPING IN THE FRONT YARD, AND RESTRICTION ON THE
HEIGHT OF THE STRUCTURE; MOTION PASSED 4 -2 (MARTLAGE AND PATRICK OPPOSED).
Planning Commission Minutes
September 9, 1998
At the request of Chair Pierce, there was a recess from 8:50 - 9:00 p.m.
Page 4
3. UP -98 -007 (APN 397 -13 -030) - CELLULARONE, 14000 Fruitvale Avenue; Request for Use Permit
approval to install cellular antennas, a microwave dish and an associated equipment structure at the Theater
Arts Building of West Valley College. The site is located within an R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 9:05 p.m.
Judy Rowland, applicant's representative, said their efforts are directed to providing adequate cellular coverage to
Saratoga.
Bernald thanked the applicant for their detailed report and asked how coordination would be accomplished if the
roof of the Theater Arts Building needed work, given that there are so many antennas in one place.
Bert Martel, Fruitvale Avenue, read a letter to the Commission in which he expressed concerns about the height of
the antennas, the City's noticing procedure, and the possible radiation effect on Saratoga residents.
The public hearing was closed at 9:15 p.m.
Commissioners Patrick and Martlage had no objection to the project.
Commissioners Kaplan, Murakami, Bernald, and Chair Pierce felt the proposed location of the antennas is
appropriate.
KAPLAN / PATRICK MOVED TO APPROVE UP -98 -007; MOTION PASSED 6 -0.
4. SD -98- 003.1. (APN 393 -40 -020) - BOISSERANC, 13650 Saratoga - Sunnyvale Road; Request for
Modification of an approved Tentative Subdivision Map that would extend the proposed cul -de -sac of
Franklin Avenue approximately 72 feet to the west. Two of the four approved lots would change in both
size and shape while the other two would change only in shape. The site is located in an R -1- 12,500
zoning district.
Walgren presented the staff memorandum,
Kaplan asked the amount of impervious coverage added. Walgren responded the amount was 2,200 square feet.
Bernald asked if any drainage problems exist; a discussion of this issue followed.
The public hearing was opened at 9:20 p.m.
Mark Kirkeby, applicant's civil engineer, stated the proposed modification had been requested by the owner.
Murakami asked if the reason for this change is a practical one, as the pads will be more aligned using the new
design.
Planning Commission Minutes
September 9, 1998
Kaplan was concerned about the extra length of the street.
The public hearing was closed at 9:25 p.m.
Murakami commented that the modification seems to line up the pads with the cul -de -sac.
Kaplan was concerned about the increased amount of impervious coverage.
Commissioners Bernald, Patrick and Martlage had no objection to the project and could support it.
Pierce said he preferred the previous design but would be able to approve this modification.
Page 5
PATRICK / BERNALD MOVED TO APPROVE SD- 98- 003.1; MOTION PASSED 5 -1 (KAPLAN OPPOSED).
5. DR -98 -030 (APN 397 -09 -016) - WHARTON, 19265 Monte Vista Drive; Request for Design Review
approval to construct a new 4,643 sq. ft., two story residence on a 37,897 sq. ft. lot in an R -1- 40,000
zoning district.
Walgren presented the staff report.
Murakami discussed architectural elements in the Design Review analysis.
The public hearing was opened at 9:35 p.m.
Derek Van Alstine, applicant's designer, said the building has considerable definition but a simple style, and that
they hoped to get direction from the Commission on the appropriate way to proceed.
Patrick asked what plans have been made for drainage.
Martlage asked the style of the house and mentioned that there are cracks in the foundation of the cottage; she
was concerned with the character of the neighborhood and the preservation of vegetation.
Murakami said he was not able to visualize the completed house and that the structure looks unbalanced.
Bernald felt that more detail needs to be shown in the kitchen and eating area; she said it was difficult to get a
feeling of how the building "works" together.
Pierce felt that a color rendering of the house would be helpful and said it was important that the cottage not be
used as a living unit or a rental unit.
David DeCarion, Monte Vista .Drive, objected to the two story structure and felt it was obtrusive.
The public hearing was closed at 9:55 p.m.
Bernald suggested the application be continued to the next available study session.
Kaplan felt that the drawings provided by the applicant were not helpful and agreed that a site rendering would
be useful; she asked that the driveway to the cottage be eliminated and replaced with landscaping, and was
concerned about the height of the structure.
Planning Commission Minutes
September 9, 1998
Page 6
Murakami felt that the second story on this design gives the perception of bulk and requested a detailed drawing.
Bernald felt a three dimensional model would be helpful.
Patrick did not feel that a two story house is appropriate; she said the house is too big and bulky, and not
compatible with the area.
Martlage liked the French Country design but did not see the value of having the cottage.
The public hearing was reopened and the item continued to the 9/23/98 study session, for redesign.
DIRECTOR ITEMS
None.
COMMISSION ITEMS
• Bernald asked if traffic calming will be performed on Chester Road. Walgren responded that none had been
proposed.
• Bernald mentioned that there is excavation at Allendale and Chester and asked that staff investigate.
• Martlage said that reports have been received of people living at Oak and Saratoga -Los Gatos Road.
• Martlage stated that there is a large neon sign inside the window at the former location of Chef Chau's
restaurant; a discussion of the City's sign ordinance followed.
• Kaplan asked about the status of Argonaut Center. Walgren responded that the last obstacle to moving
forward was the parking layout and that parking revisions have not yet been submitted.
• Bernald said she has received several calls from residents reporting that Blue Rock Shoot has been roasting
coffee during business hours. There was a discussion of the potential health issue and of the Use Permit.
• Kaplan reported that brochures are being thrown on lawns and affixed to mailboxes; she wondered if this
practice is permissible. Walgren responded that the vendor would have to have a solicitor's permit.
COMMUNICATIONS
Written
• City Council Minutes dated August 5 and August 11, 1998
• Notices for Planning Commission Meeting of September 23, 1998
ADJOURNMENT AT 10:15 P.M. TO NEXT MEETING
• Wednesday, September 23, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
C
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, August 12,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Murakami and Page
Absent: Commissioner Patrick
Staff: Director Walgren, Planning staff Crowley
Pled1ze of Allegiance
Minutes - July 22, 1998
Page 2, item l (Pinn Brothers, Trinity Place Subdivision, Lot 8), paragraph 9: Correct the first sentence of the
paragraph to read "Bommarito responded that the flooding on Saratoga Hills Road occurs because the existing
inlet had not been built to handle the large capacity of water and that the civil engineer was working with the
homeowners ' association to resolve the drainage problem."
APPROVED AS AMENDED 5 -0 (MURAKAMI ABSTAINED).
Oral Communications
No speakers.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 7, 1998.
Technical Corrections to Packet
Item # 1.2 (PageNet Communications), page 1 of resolution:
• Section 1, paragraph 1, will be corrected to read "the application of PageNet Communications for Use Permit" in
lieu of "tile application ofNextel Communications for Use Permit."
Section 1, Condition 3, will show that the size and location of the area to be fenced shall be determined by tests
performed by the Consulting Engineers, rather than as outlined in the report by Hammett and Edison.
CONSENT CALENDAR
1. DR -98 -007 (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way; Request for Design Review approval
to construct a new two -story, single family residence, 4,043 sq. ft. in size, 25 ft. in height, on a 29,020 sq. ft.
lot in the R -1- 15,000 Zoning District. A single story residence currently exists on the property.
(CONTINUED AT APPLICANT'S REQUEST TO 9/23/98 TO ALLOW ADDITIONAL TIME TO
COMPLETE PLAN REVISIONS).
Planning Commission Minutes
August 12, 1998
Page 2
2. DR -98 -026 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20018 Spaich
Court; Request for Design Review approval to construct a new 5,998 sq. ft. home on Lot #2 of the Spaich
subdivision. The height of the residence is 18 feet from natural grade. The site is 40,000 sq. ft., located
within an R -1- 20,000 zoning district. (CONTINUED AT APPLICANT'S REQUEST TO 9/9/98 TO
REVISE GRADING PLAN).
CONSENT CALENDAR APPROVED 6 -0.
PUBLIC HEARINGS
3. DR -98 -003 (APN 503 -78 -029) - DOUGLASS, 22111 Villa Oaks Lane (Lot 11); Request for Design
Review approval to construct a new 6,566 sq. ft., two -story residence on a vacant 4.89 acre parcel located in
a Hillside Residential zoning district. (CONTINUED FROM 7/8/98).
Walgren presented the staff memorandum.
Kaplan confirmed with Walgren that the swimming pool is fully on the pad and that terraces go off the slope.
The public hearing was opened at 7:43 p.m.
Kathleen Williams, applicant's architect, stated efforts had been made to redesign the house in accordance with
direction of the Planning Commission and still maintain its contemporary appearance; the size and bulk of the
home have been reduced so that it fits with the natural contour of the land.
Bernald requested clarification of which views would be obstructed.
Kaplan confirmed that there is one wood - burning fireplace located in the family room.
The public hearing was closed at 7:47 p.m.
Kaplan felt the house should be more compact so as to be less prominent on the site.
Murakami felt that sufficient improvements had been made to mitigate the privacy issues and that reducing the
size of the house created a lower profile.
Bernald noted that the home is beautiful and nicely designed, but that there are privacy issues for the individual on
the property below.
Martlage concurred with Commissioner Bernald and was concerned with the privacy to the east.
Page concurred with Commissioners Bernald and Martlage regarding the privacy issue.
Pierce felt that much had been done to limit intrusion on the lower neighbors, that the changes are reasonable, and
that the work performed is adequate.
Discussion ensued regarding a landscaping plan and related issues.
Walgren reported that two letters had been received in support of the project.
Planning Commission Minutes - Page 3
August 12, 1998
BERNALD / PAGE .MOVED TO DENY DR -98 -003 DUE TO PRIVACY IMPACTS ON DOWNSLOPE
NEIGHBOR; MOTION PASSED 4 -2 (MURAKAMI AND PIERCE OPPOSED).
4. SD -97 -002 (APN 397 -28 -047, 048 & 397 -29 -004) - BLACKWELL/HASSLER, 14000 Alta Vista Avenue;
Request for Vesting Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots
ranging in size from 13,400 to 31,600 sq. ft. each. The project site abuts the Saratoga Creek to the south and is
heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The property
is located within an R- 1- 12,500 zoning district.
An environmental Initial Study has been prepared for this project and is available for review at the City of
Saratoga in the Planning Division offices at the above address.
Walgren presented the staff memorandum.
Kaplan requested clarification of item #19 of the resolution. Director Walgren discussed access easements and
stated that the average size of the lots is one -half acre.
The public hearing was opened at 8:05 p.m.
Bill Heiss, applicant's civil engineer, discussed revisions made to the project, new lot sizes, removal and addition
of trees, and the amended traffic study.
Martlage noted that trees # 101, #102 and #134 are all oaks.
Theo Hart, Williams Avenue, thanked the Commission for their assistance in helping the neighbors to understand
the process. They had worked with the applicant on traffic safety issues and stated they would like speed humps as
well as signs.
Jerry Freeman, Alta Vista Avenue, stated the neighbors had come to an agreement with Blackwell regarding
privacy issues.
Anthony Kerin, Williams Avenue, disagreed with the amended traffic study and requested that the Commission
support the recommended traffic mitigations.
Bill Heiss spoke in support of the traffic humps and clear zone signage.
The public hearing was closed at 8:25 p.m.
Murakami asked for clarification of the traffic issues.
Walgren discussed various options regarding traffic safety and noted that the Fire Department is not supportive of
speed humps. He reported that the .Public Safety Commission, an advisory agency to the City Council, will hear
this issue.
Page had no major issues regarding the project.
Martlage felt that all parties had made an effort to work together, and could support the project.
Bernald concurred with Martlage.
Planning Commission Minutes — Page 4
August 12, 1998
Murakami felt all major concerns have been mitigated and could approve the project.
Kaplan felt that the new plans are preferable to the first ones submitted.
Pierce was pleased that everyone had worked together and stated that the Commission would convey to the Public
Safety Commission that neighbors are concerned about traffic safety conditions.
KAPLAN / MARTLAGE MOVED TO APPROVE SD -97 -002; MOTION PASSED 6 -0.
5. DR -98 -002 (503 -68 -002) - ADDISON, 14190 Palomino Way; Request for Design Review approval to
construct a new 5,048 square foot residence at a height of 20 feet from natural grade. The site is 1.8 acres,
located within an HR zoning district.
Walgren presented the staff report.
Kaplan commented that there were no height poles on the property during the Commission's site visit.
The public hearing was opened at 8:37 p.m.
Scott Cunningham, applicant's designer, said he felt the staff report was not accurate. He reported they had not
been asked to erect height poles, also that grading issues would be dealt with by the civil engineer. The design of
the building had been kept as short and narrow as possible in order to conform to the contours of the land.
Kaplan confirmed that there would be one wood - burning fireplace and that the rest would be gas only.
Martlage asked why the garage doors are facing the front.
Kaplan felt the house must be designed to fit the land and asked that the project be continued for erection of height
poles and other markings on the site.
Sharon Maley, representing David Addison Interests, stated they would rather not put up height poles.
Pierce recommended the applicant use height poles in addition to paint showing the outline of the house.
The public hearing was closed at 8:51 p.m.
Walgren explained that the request for height poles is standard.
Murakami felt the house has been designed for a flat lot and could not approve.
Kaplan felt the house is not appropriate.
Martlage would support a continuance for redesign.
Page agreed there should be height poles and markings showing the outline of the house; he would support a
continuance for redesign.
Pierce was willing to continue the application and stated that height poles, as well as a model, would be helpful.
Martlage felt redesign is necessary.
Planning Commission Minutes
August 12, 1998
Page 5
The applicant was given the opportunity to have the Commission vote on the project as presented, or to continue to
a study session or future public hearing, for major redesign. The applicant elected to take a vote at this hearing.
MARTLAGE / KAPLAN MOVED TO DENY DR -98 -002 DUE TO EXCESSIVE PROPOSED GRADING;
MOTION PASSED 6 -0.
At the request of Chair Pierce, there was a break from 9:00 - 9:10 p.m.
6. DR -98 -027 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20010 Spaich
Court; Request for .Design Review approval to construct a new 5,998 sq. ft. home on Lot #1 of the Spaich
subdivision. The height of the residence is 18 feet from natural grade. The site is 41,417 sq. ft., located
within an R -1- 20,000 zoning district.
Walgren presented the staff report, which covered public hearing items #6 - 99 inclusive (4 lots).
The public hearing was opened at 9:23 p.m.
Chuck Bommarito, applicant's representative, explained that the designs were compatible with the neighborhood
and also with the Foothill Club. They had worked in conjunction with the neighbors on issues such as fencing,
roof lights and story poles.
Martlage wondered how the grading will affect drainage on Lots #1 and #13.
Kaplan confirmed there would be one wood - burning fireplace in each house.
Shelley Emerson, La Paloma Avenue, was pleased at the cooperative efforts in working with the developers and
discussed tree protection. She felt there seems to be a significant amount of grading on Lot #1 and was concerned
about dust control as well as height control.
Dan Tellep, La. Paloma Avenue, felt the neighbors enjoyed a good relationship with .Pinn Brothers and concurred
with Emerson regarding tree protection.
Meg Caldwell, La Paloma Avenue, had no issues with the design of the homes but felt that subdivision level issues
Should be continued to the meeting of September 9.
Bommarito reviewed the construction plans and mitigation measures.
The public hearing was closed at 9:55 p.m.
The Commissioners agreed to discuss general issues of the project, then to handle each design individually.
Martlage was concerned about the amount of grading and discussed trees and the arborist's report.
Bernald expressed concern about equipment stored under the trees and wondered about the consequences if the
tree - protection fence were to come down.
Page asked if the arborist to be on site would be provided by the developer or by the City.
Planning Commission Minutes
August 12, 1998
Page 6
Murakami was concerned with the amount of cut and felt that dust raised might pose a problem in construction.
Martlage, :Page, Bernald and Murakami were happy with the designs and felt they are compatible.
Pierce was concerned about grading and drainage, but if these issues were taken care of, he could approve.
BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -027 WITH T14E CONDITION THAT THERE BE
ONE WOOD - BURNING FIREPLACE; MOTION PASSED 6 -0.
DR -98 -029 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20051 Spaich
Court; Request for Design Review approval to construct a new 4,764 sq. ft. home on Lot # 13 of the Spaich
subdivision. The height of the residence is 18 feet from natural grade. The site is 27,183 sq. ft., located
within an R -1- 20,000 zoning district.
Kaplan, Murakami, Bernald, Martlage, Page and Pierce were in agreement that the homes are nicely done.
MURAKAMI / KAPLAN MOVED TO APPROVE DR -98 -029; MOTION PASSED 6 -0.
8. DR -98 -028 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20063 Spaich
Court; Request for Design Review approval to construct a new 4,525 sq. ft. home on Lot 414 of the Spaich
subdivision. The height of the residence is 18 feet from natural grade. The site is 22,312 sq. ft., located
within an R -1- 20,000 zoning district.
Page felt the house will fit in nicely but would prefer to see more stone.
Martlage, Bernald, Murakami, Kaplan and Pierce liked the design.
MURAKAIVII / BERNALD MOVED TO APPROVE DR -98 -028; MOTION PASSED 6 -0.
DR -98 -025 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20075 Spaich
Court; Request for Design Review approval to construct a new 5,087 sq. ft. home on Lot # 15 of the Spaich
subdivision. The height of the residence is 18 feet from natural grade. The site is 41,747 sq. ft., located
within an R -1- 20,000 zoning district.
Kaplan asked about the stone veneer wall shown on the plans and was told it will serve as an enclosure for an
outdoor patio off the master bath.
Murakami had no problem with the design but would prefer to see a more detailed drawing.
Bernald and Martlage said this plan was their least favorite, but that they would be able to approve.
Page had no problem with the project and could support it.
Pierce could approve the project. He also stated there is a supplemental arborist report from :Barrie Coate, and that
he is available to discuss it with staff and neighbors.
PAGE / BERNALD MOVED TO APPROVE DR -98 -025; MOTION PASSED 6 -0.
Planning Commission Minutes Page 7
August 12, 1998
10. DR -98 -023 (APN 397 -09 -007) - COUNTRY CLUB HOMES /OAKLEY, 19222 Monte Vista Drive;
Request for Design Review approval to construct a new 6,136 sq. ft., single story residence on a 1.06 acre
parcel in an R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 10:20 p.m.
Marty Oakley, applicant, discussed the design, noting that a ceiling and roof element connects the main house with
the garage, also that they had saved all trees. He addressed certain sections of the municipal code defining
"attached" versus "detached" and felt they contradicted one another.
Murakami asked the applicant to discuss whether lowering the height of the garage roof would affect the usability
of the garage.
Bill Day, Country Club Homes, wants trees to be protected and discussed the City Arborist's recommendations
and requested that the required bond be lower than 25 %.
Walgren addressed the issues raised by Day and noted that a 25% bond is standard.
The public hearing was closed at 10:45 p.m.
Martlage said the house is larger than most in the area and felt it is not appropriate in this location.
Page felt the house is not fitting to the land and is more grandiose than appropriate.
Bernald concurred, noting that this is not a modest house and that she could not support the project.
Murakami had no problem with the design but was concerned about the exceptions being requested for square
footage and the garage. He felt the house fits nicely into the neighborhood and could support the project with
reduction in the size of the garage.
Kaplan said the garage is not attached. If the size of the garage or the house were reduced, she could support.
Pierce noted that this neighborhood is a mix of various types of homes. He felt the garage could be redesigned,
also the driveway, due to its large size.
The public hearing was reopened and the item continued at the applicant's request to 9/9/98, for redesign.
11. DR -98 -018 (397 -16 -145) - PINN BROTHERS CONSTRUCTION, 14200 Taos Court; Request for
Design Review approval to construct a new 5,283 sq. ft. home on Lot #7 of the Sisters of Mercy subdivision.
The height of the residence is 22 feet from natural grade. The site is 51,236 sq. ft., located within an R -1-
40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 11:00 p.m.
Chuck Bommarito, applicant's representative, said the home had been positioned for privacy and that additional
' r
Planning Commission Minutes Page 8
August 12, 1998
trees will be added to buffer and upgrade the tree screening.
Kaplan questioned the orientation of the garage.
The public hearing was closed at 11:05 p.m.
Murakami felt the home is nicely designed and fits well with the other designs in the neighborhood.
Kaplan suggested that pervious pavers be used for the driveway.
Bernald had no problem with the project and could support it.
Page liked the orientation of the home.
Martlage could not support the project as it is not in compliance with the City Council directive.
Pierce liked the house.
KAPLAN / BERNALD MOVED TO APPROVE DR -98 -018; MOTION PASSED 5 -1 (MARTLAGE OPPOSED).
12. UP -98 -006 (397 -15 -018) - PAGENET, 14000 Fruitvale Avenue; Request for Use Permit approval to
install cellular antennas and associated equipment cabinets at the Theater Arts Building of West Valley
College. The site is located within an R -1- 40,000 zoning district.
Walgren presented the staff report.
Chair Pierce excused himself from any discussion as a result of potential conflict of interest.
The public hearing was opened at 11:09 p.m.
Paul Wolcott, applicant's representative, said they had worked with staff and that he was available to answer
questions.
Murakarni asked whether the applicant anticipated an increase in the number of sites in the future.
Kaplan was concerned about measures for tree protection and asked how the City interacts with the college. Walgren
responded that the City interacts with the applicant.
Kaplan wondered if the metal container could be moved to another location. Wolcott responded that it is located at
the only elevation that allows access to the roof.
The public hearing was closed at 11:15 p.m.
Martlage appreciated that PageNet is locating the antennas where it is suitable to do so.
Kaplan, Murakami, Page and Bernald had no objection to the project.
KAPLAN / MARTLAGE MOVED TO APPROVE UP -98 -006; MOTION PASSED 5 -0.
Planning Commission Minutes
August 12, 1998
Page 9
13. UP -98 -008 (389 -03 -002) - NEXTEL, Congress Springs Park, Glen Brae Drive; Request for Use Permit
approval to install a monopole with cellular antennas and an associated equipment structure at the south -east
corner of Congress Springs Park. The site is located within an Agricultural zoning district.
Walgren presented the staff report.
Murakami asked if this was the same proposal as the one to be located on Quito Road. The answer was yes.
Page asked how tall the existing Sprint pole is. Walgren responded that it is about 40 feet in height.
The public hearing was opened at 11:20 p.m.
Karen Vernetti, applicant's representative, thanked the staff for working with them.
The public hearing was closed at 11:23 p.m.
Page, Martlage and Bernald had no problem with the project.
Murakami felt the applicants had chosen a good and unobtrusive place to install the monopole and antennas.
Kaplan and Pierce agreed.
MURAKAMI / KAPLAN MOVED TO APPROVE UP -98 -008; MOTION PASSED 6 -0.
DIRECTOR ITEMS
• Joint Meeting with City Council September 8, 1998
Proposed topics for discussion at the upcoming joint meeting were reviewed by the Commissioners.
COMMISSION ITEMS
• There was discussion regarding whether Planning Commission regular meetings might be held in the Senior
Center.
COMMUNICATIONS
Written
• City Council .Minutes dated July 15 and July 21, 1998
ADJOURNMENT AT 11:30 P.M. TO NEXT MEETING
Wednesday, September 9, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, July 22, 1998 - 7:30 p.m.
:PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Page and Patrick
Absent: Commissioner Murakami
Staff: Director Walgren, Planning staff Crowley
Pledge of Allegiance
Minutes
Bernald requested the following modifications to the minutes of July 8, 1998:
(Cotran)
• Page 2, paragraph 3: Correct the sentence to read "...there will be one wood - burning fireplace." The applicants
did voluntarily agree to limit the structure to no wood - burning fireplaces.
(Campbell)
• Page 3, paragraph 6: Correct the first sentence to read "...talking with the Campbells had been helpful."
(Douglass)
• Page 4, paragraph 3: Correct the first sentence to read "Bernald reported that two letters had been received
concerning equestrian pathways and questioned whether the Planning Commission could deal with the issues
raised..."
• Page 4, paragraph 13: Correct the sentence to read "Bernald liked the design but could not approve of the size
and placement, lack of privacy, and potential landslide situation on the lot. "
(Whitlow /Argonaut Associates)
• Page 7, paragraph 5: Correct the paragraph to read "Bernald agreed. She was in favor of building the wall on
the north side, with the walkway maintained. "
(Commission Items)
• Item 3: Correct the sentence to read "A resident's attorney contacted Commissioner Bernald..."
APPROVED AS AMENDED 5 -0 (PAGE ABSTAINED).
Oral Communications
None.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 1998.
Planning Commission Minutes _ Page 2
July 22, 1998
Technical Corrections to Packet
Item 2, Pinn Brothers, page 5 of staff report, "Conclusion ": The last sentence, referring to the floor area exception
request, should be stricken.
CONSENT CALENDAR
LZI1 i ��DER7111WOR
1. DR -97 -050 & SD -95 -008.1 (503 -49 -044) - PINN BROTHERS, Trinity Place Subdivision, Lot 8
(formerly 20875 Saratoga Hills Road); Request for Design Review approval to construct a new 4,450
sq. ft. one -story single family residence on Lot 8 of the Trinity Place subdivision pursuant to Chapter 15
of the City Code. Modification of the approved subdivision map is also requested to allow the proposed
residence to access off Trinity Avenue instead of Saratoga Hills Road. The lot is 40,128 sq. ft. in size
and is located within an R -1- 40,000 zoning district.
Walgren presented the staff report. He stated that the public hearing would deal with both Lots 8 and 9.
Bernald commented that the average site slope on Lot 9 seems steep at 36.6 %. Walgren responded that the slope
of the under- building footprint is 25 %.
The public hearing was opened at 7:45 p.m.
Chuck Bonunarito, applicant's representative, read a letter from the architect explaining the reasons for
relocating the driveways and said that the negative impact of tree removal would be minimized.
Patrick commented that the house on Lot 8 is sited so that it cannot be seen from the street.
Kaplan asked the length of the house from the edge of the driveway (180 feet), and confirmed that each house
will have one wood - burning fireplace.
Ann Waltonsmith, Saratoga Hills Road, expressed concern about the potential for erosion and felt that more
cement and the long driveways will add to the amount of water running on the street during the winter.
Joe Kafka, attorney for Bob Schiro on Upper Hill Court, stated that Mr. Schiro was concerned about noise, trees
being removed, and that one of the houses is two stories.
Bommarito responded that the flooding on Saratoga Hills Road occurs because the existing inlet had not been
built to handle the large capacity of water and that the civil engineer was working with the homeowners'
association to resolve the drainage problem. He also stated that the large tree buffer will remain and that the
actual living area of the house is a single story built over the garage.
Bernald asked if the two energy dissipaters will pick up the drainage around the house.
The public hearing was closed at 8:05 p.m.
Bernald questioned whether a certain number of unannounced site inspections could be required, would not
Planning Commission Minutes Page 3
July 22, 1998
support the floor area exception, could not make findings to support a two -story home, and felt the wrought iron
was not appropriate.
Kaplan felt there will some unavoidable removal of trees on Lot 9. She would not support the floor area
exception but could support moving of the driveways.
Patrick did not like the design of the house on Lot 8 and felt there should be more wood or river rock on the
facade; she was also opposed to the floor area exception.
Martlage felt that wood would be a better choice for the railings than wrought iron and that the structure on Lot 8
seems tall.
Page had no issues with the application.
Pierce could support the two -story house, as it is a bigger house on a bigger lot. He felt the floor area reduction
was acceptable, but said that river rock would be preferable to stucco as it would provide a more natural texture
on the exterior.
BERNALD / KAPLAN MOVED TO APPROVE SD -95- 008.1; MOTION PASSED 6 -0.
BERNALD / PATRICK MOVED TO APPROVE DR -97 -050 WITH CONDITIONS THAT THE FLOOR AREA
EXCEPTION NOT BE GRANTED, THAT THE EXTERIOR OF THE HOUSE HAVE A MORE NATURAL
FACADE, THAT THERE BE ONE WOOD- BURNING FIREPLACE, AND THAT THERE BE FULL SITE
REMEDIATION AND UNANNOUNCED SITE VISITS BY THE CITY'S ARBORIST; MOTION PASSED 5 -I
(PIERCE OPPOSED).
The public hearing was reopened at 8:15 p.m.
There was a discussion of the inlet and its redesign.
The public hearing was closed at 8:20 p.m.
2. DR -97 -051 & SD -95 -008.2 (503 -49 -043) - PINN BROTHERS, Trinity Place Subdivision, Lot 9
(formerly 13995 Trinity Avenue); Request for Design Review approval to construct a new 4,740 sq. ft.
two -story single family residence on Lot 9 of the Trinity Place subdivision pursuant to Chapter 15 of the
City Code. Modification of the approved subdivision map is also requested to allow the proposed
residence to access off Saratoga Hills Road instead of Trinity Avenue. The lot is 59,042 sq. ft. in size
and is located within an R -1- 40,000 zoning district.
Walgren presented the staff report.
Kaplan felt the size of the house should be reduced and the basement eliminated; she did not like the circular
stairway and felt that the round windows do not give a rural appearance.
Bernald concurred.
Patrick was satisfied and felt the house is not inappropriate.
Martlage felt the entrance is grandiose and should be redesigned; she did not like the wrought iron.
Planning Commission Minutes
July 22, 1998
Page felt the issue of the driveway and the amount of fill must be addressed.
Pierce liked the design and felt it was natural; he said the change in the driveway is a necessity.
PATRICK / BERNALD MOVED TO APPROVE SD- 95- 008.2; MOTION PASSED 6 -0.
Page 4
MARTLAGE / PATRICK MOVED TO APPROVE DR -97 -051 WITH CONDITIONS THAT THE
ENTRYWAY BE REVISED AND THE WROUGHT IRON BE REPLACED WITH MORE NATURAL
MATERIAL; MOTION PASSED 4 -2 (BERNALD / KAPLAN OPPOSED).
3. DR -98 -032 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for
Design Review approval to construct 15 single family residences, ranging in size from 3,870 sq. ft. to
4,345 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by
the City Planning Commission in August 1996. The lots range in size from 15,113 sq. ft. to 20,775 sq. ft.
and are located within an R -1- 12,500 zoning district.
Walgren presented the staff report.
The public hearing was opened at 8:35 p.m.
Ray Nasmeh, applicant's representative, reported that all of the homes had been completely redesigned in terms
of floor space and elevations and that they are compatible in bulk and height with the surrounding area.
Patrick commented that the site is overrun with weeds and is a fire hazard; she asked when the weeds would be
removed (7 -10 days). In response to her question about the number of wood - burning fireplaces, she was told
there is one wood - burning fireplace in the family room of each house.
The public hearing was closed at 8:42 p.m.
Martlage found the facades of the redesigned houses to be more attractive. She was concerned that the garage
access faces the street and felt that if this could not be changed, the color of the garage should be the same as the
bulk of the home so as to reduce the visibility of the garage. She was not pleased with the configuration of Lots
4 and 7 and thought the garage should be moved to the other side of the house in both cases.
Page agreed and had the same concerns with Lots 4 and 7.
Bernald thanked the applicants for working with the Commission. She felt the triangular pie- shaped entryways
Should be changed on half the homes and questioned whether the garage doors could be turned away from the
street.
Kaplan said the roofing materials should be varied, eliminating the red Mission tiles and using flatter, tile roofing
to resemble shake. Walgren passed the materials board to the Commissioners.
Kaplan felt that breaking up the appearance of so much concrete would be an improvement and would like to see
different driveway treatments.
Patrick said the houses are now compatible with the surrounding area but would like to see different roof lines
and relocation of the driveways on Lots 4 and 7 to shorten them.
Planning Commission Minutes Page 5
July 22, 1998
Martlage felt the access to Lot 14 should be reconfigured so that the access would be from Petonia Court.
Pierce said the new designs are not as interesting but that they fit better in the surrounding area.
BERNALD / PATRICK MOVED TO APPROVE DR -98 -032 WITH CONDITIONS THAT THE GARAGE
ACCESS ON LOTS 4 AND 7 BE CHANGED, THAT THE PROPORTIONATELY TALL ENTRY BE
MODIFIED ON 8 OF THE 15 HOMES, THAT THE SPANISH MISSION TILE BE ELIMINATED AND THE
ROOF MATERIALS BE MORE FLAT AND COMPOSITE, THAT THERE BE A VARIETY OF DRIVEWAY
MATERIALS, AND THAT THERE BE ONE WOOD- BURNING FIREPLACE; MOTION PASSED 6 -0.
DIRECTOR ITEMS
• Walgren reviewed results of the appeals of the Jayakumar and Neogy projects heard at the 7/15/98 City
Council meeting.
• The joint meeting with Planning Commission and the City Council to be held 9/8/98 was discussed.
• Walgren raised the issue of action minutes versus verbatim minutes of the Commission meetings.
COMMISSION ITEMS
• Martlage had attended a meeting of the Bicycle Advisory Committee and reported that a letter would be
forthcoming from Parks & Recreation stating they want to work with the Planning Commission regarding
bicycle and equestrian trails.
COMMUNICATIONS
W rittvn
• City Council Minutes dated July 1 and July 7, 1998
ADJOURNMENT AT 9:15 P.M. TO NEXT MEETING
• Wednesday, August 12, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, July 8,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Murakami and Patrick
Absent: None
Staff: Director Walgren, Planning staff Crowley
Pledge of Allegiance
Minutes - June 10 and June 24, 1998
THE MINUTES OF JUNE 10 WERE APPROVED 5 -0 (MURAKAM.I ABSTAINED).
THE MINUTES OF JUNE 24 WERE APPROVED WITH CHANGES 5 -0 (MARTLAGE ABSTAINED):
• Page 2, paragraph 10 (Blackwell /Hassler): Correct the sentence to read `Bernald asked about the configurcalion of
the lots." in lieu of "Bernald asked about the size of the lots."
Oral Communications
None
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 2, 1998.
Technical Corrections to Packet
None
CONSENT CALENDAR
PUBLIC HEARINGS
1. DR -97 -066 (APN 503 -31 -055) - COTRAN, 14158 Dorene Court; Request for Design Review approval to
construct a new 4,855 sq. ft., two -story single family residence, 20 ft., 9 in. in height, on a vacant 1.05 acre
parcel in the Hillside Residential zoning district. (CONTINUED FROM 6/24/98).
Walgren presented the staff report.
The public hearing was opened at 7:44 p.m.
Sandra Paim, architect, reported she had worked with staff and spoken with neighbors in an effort to make the
application sensitive to design standards. She showed representations of revised roofing materials and colors.
Planning Commission Minutes
July 8, 1998
Page 2
Kaplan asked if the applicants had agreed to staff - recommended changes concerning colors and roofing materials.
Bernald wondered if the roofing material might be changed to something more slate -like and asked about the two
skylights on the lower level floor plan.
Kaplan inquired whether the gate identified on the plans is actually a gate or simply an entry into the driveway.
Walgren explained that the plans call for a wrought iron fence and an entry gate, and stated that all fencing details will
be reviewed and the gate will be a maximum height of five feet.
Kaplan asked that the approval resolution include a condition that there will be one wood - burning fireplace. The
applicants did voluntarily agree to limit the structure to no wood - burning fireplaces.
The public hearing was closed at 7:55 p.m.
Martlage found the revised roof tile preferable to terra cotta, and was pleased with plans to soften the balustrade.
Patrick was pleased that the colors will be changed but would prefer to see more wood; she does not like the design and
cannot approve.
Bernald concurred with Martlage.
Murakami felt the new roof materials are an improvement.
Kaplan did not care for the design.
Pierce liked the design and can approve.
BERNALD / MARTLAGE MOVED TO APPROVE DR -97 -066; MOTION PASSED 5 -1 (PATRICK OPPOSED).
2. DR -98 -019 & V -98 -005 (503 -22 -102) - CAMPBELL, 20731 Marion Road; Request for Design Review
approval to add 2,216 sq. ft. to an existing 3,084 sq. ft. main residence at a height of 23.5 ft. where 18 ft. is
existing. The structure is known as the Pollard House and is listed on the City's Heritage Inventory. The site
is two acres, located within an R -1- 12,500 zoning district. Variance approval is necessary to allow the square
footage to exceed the maximum permitted for a parcel in the R- 12,500 zoning district.
Walgren presented the staff report.
Kaplan felt the profile of the house is very long and wondered if the look would be better if the garage were detached.
She asked if the applicants would be able to add additional buildings or pools to the property. Walgren responded that
the property could be subdivided, yielding up to three or four parcels.
Patrick commented that the existing barn and garage do not appear to be of any heritage value.
Pierce questioned whether the Commission could put a deed restriction on the property so that it would not be further
developed in the future. Walgren responded that the State Map Act and the City's zoning requirements do not give this
authority to the Commission.
The public hearing was opened at 8:10 p.m.
Gary Campbell, applicant, discussed the history of the property. He felt the request for a Variance is justified, as they
Planning Commission Minutes Page 3
July 8, 1998
are trying to maintain the original house, and said they had no interest in subdividing, which would be limited by the
mature trees. IA is adjacent neighbors are in agreement with the project.
Dennis Burrow, architect, was present to respond to technical questions and concerns of the Commission.
Martlage asked if consideration had been given to moving the house more toward the back.
Patrick did not like that the garage doors face the street and asked if the garage could be pushed further back.
Kaplan suggested the applicant's recreational vehicle could be stored in the barn and the garage built on the side.
Neighbors spoke in favor of the project and were pleased that the proposed additions are compatible with the existing
architecture and surroundings. They were interested in preserving the orchard and the heritage of Saratoga and felt the
proposed construction accomplishes these objectives as well as preserving the Pollard home.
Bernald said that talking with the Campbells had been helpful. She felt that the sliding doors and the windows are not
compatible with Victorian style and wondered if they could be changed, also that the large bays in the garage are a
modern feature on a Victorian house.
Patrick did not like the placement of the garage and felt that it did not fit with the style of the house.
Martlage questioned the compatibility of the garage with the house.
Kaplan noted that the garage is larger than the traditional size and wondered if the applicants plan to pave the road in
that area.
MUrakami asked how the house would be affected by removal of some of the height.
The public hearing was closed at 8:50 p.m.
Kaplan appreciated the efforts to preserve the historic building but felt that some of the character is lost by the addition
of a garage. She would like to see a break in the long "railroad car" effect and would not be able to approve with the
garage in its proposed location, feeling it detracted from the house.
Murakami also appreciated the efforts to preserve, but felt the garage is too large and that reducing its size would
enhance the look of the house.
Bernald concurred with the other Commissioners. She felt the applicants and staff should continue to work together
and find a way to move the garage back.
Patrick felt the garage is not located where it should be and that pushing it back would be an improvement. She could
not support the application with the garage located where it is.
Martlage concurred that the garage is incompatible and not appropriate, and that the design is too linear.
Pierce felt the garage is too large.
The public hearing was reopened and the item continued to the 7/22/98 Study Session, for discussion of
preliminary conceptualized plans, and revised drawings and layouts.
Planning Commission Minutes
July 8, 1998
Page 4
3. DR -98 -003 (APN 503 -78 -029) - DOUGLASS, 22111 Villa Oaks Lane (Lot 11);. Request for Design
Review approval to construct a new 6,566 sq. ft., two -story residence on a vacant 4.89 acre parcel located in a
Hillside Residential zoning district.
Walgren presented the staff report.
The public hearing was opened at 9:10 p.m.
Bernald reported that two letters had been received concerning equestrian pathways and questioned whether the
Planning Commission could deal with the issues raised in the letters. Walgren stated the City is working on these
matters with the Parks & Recreation Department.
The applicants were present and said that their architect and civil engineer were available to answer questions.
Kathy Williams, architect, said she had worked with the applicants to create a contemporary and low - profile home.
They had lowered the ceiling height, removed the terrace from the lower level, and reduced the overall length of the
house, for a 200 square foot reduction. She gave a presentation showing the effect of the revisions.
Patrick liked the look of the copper gutters and asked what treatment would be used to preserve them.
M:urakami commented that there was a large amount of cut and fill.
Martlage inquired about the geological stability of the swimming pool.
Teri Lynn Baron, Via Escuela Drive, requested that a trail be created to connect with the dedicated easement.
Pierce responded that the Commission cannot create a new trail on the applicants' property.
The public hearing was closed at 9:30 p.m.
Patrick felt that the house is not located where it should be and did not like the amount of impervious coverage.
Bernald liked the design but could not approve of the size and placement, lack of privacy, and potential landslide
situation on the lot.
Murakami liked the design of the house but felt there should be modification to the pad and the house moved back.
Kaplan felt there would be privacy issues due to the house being on a prominent site.
Martlage concurred and said she would like to see additional changes.
Pierce felt the house is too big for the pad and requested further redesign.
The public hearing was reopened and the item continued to the 8/12/98 regular meeting, for revised plans.
CHAIR PIERCE REQUESTED A BREAK FROM 9:40 TO 9:50.
4. DR -98 -021 (APN 397 -18 -093) - MORAN, 14725 .Live Oak Lane; Request for Design Review approval to
construct a first and second story addition of 1,397 sq. ft. to an existing 4,188 sq. ft., single story structure
Planning Commission Minutes
July 8, 1998
located in an R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 9:52 p.m.
The applicant stated her agreement with the staff's recommendations.
Kaplan asked if the fireplaces are new or if they are pre - existing.
The public hearing was closed at 9:54 p.m.
Page 5
Murakami appreciated the cross - section of the addition shown on the plans and would be able to approve the project.
Bernald, Patrick and Kaplan could also approve.
Martlage liked the design and felt it had a positive effect.
Pierce would be able to approve the project.
BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -021; MOTION PASSED 6 -0.
5. DR -96 -056.1 & UP -96 -016.1 (APN 393 -01 -024, 025, 026, 027, 028 & 393 -02 -003) - SARATOGA
COURTYARDS, LLC /ARGONAUT ASSOCIATES, Saratoga - Sunnyvale Road & Blauer Drive;
Request for modification of Design Review and Use Permit approval to redevelop and expand the Argonaut
Shopping Center by adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the
existing Center buildings and constructing two new free - standing buildings. The modification request is to
allow the free - standing building approved for Pad B at the southeast corner of Saratoga - Sunnyvale Road and
Blauer Drive to be separated from the overall project approval so that they may proceed with construction of
that building independent of the overall project. The conditions of approval required that construction of the
free - standing buildings occur simultaneously with the renovation of the Center, in order to ensure that the
renovation did occur.
Walgren presented the staff memorandum.
The public hearing was opened at 9:59 p.m.
Anthony Morici, applicant, explained the background of the project, noting there are specific plans and building
issues for Pad B, also that he has met with Public Works staff.
Martlage asked if the seller of the property had disclosed the condition of the building.
Denise Levy, Regan Lane, stated that the residents will be affected by changes at the Center and expressed concern
about the types of businesses to be there as well as increased traffic. She wondered if traffic hours could be
restricted. Pierce responded that that particular issue could not be addressed at this hearing.
Chris Hawks, Blauer Drive, concurred that the residents will be affected by changes in the Center and by the retail
businesses that will go in there. He felt that the application for Pad B should remain connected to Pad A (main
center) and recommended denial of the project.
Planning Commission Minutes _ Page 6
July 8, 1998
Morici said that Mauer Drive will be improved with landscaping and responded to Hawks' questions.
The public hearing was closed at 10:14 p.m.
Bernald did not like the proposed architecture. She shares the frustration that the project has not been completed
and would not be able to vote in favor of the project at this meeting.
Patrick expressed concern about the poor condition of the Center and said she would not vote in favor of the project,
nor would she vote to approve separation of Pad A and Pad B.
Martlage did not care for the design as it exists. As the original approval was granted previously and she is a new
member of the Commission, she said she would probably abstain.
Kaplan expressed dissatisfaction with the condition of the Center and said she could not vote to change something
that had been voted on previously.
Murakami agreed with the other Commissioners.
Pierce felt there was no reason to change the project.
KAPLAN / MARTLAGE MOVED TO DENY DR -96- 056.1 & UP -96- 016.1; MOTION PASSED 5 -0
(MARTLAGE ABSTAINED).
6. DR -96 -056.2 & UP -96 -016.2 (APN 393 -01 -024, 025, 026, 027 & 028) - WHITLOW /ARGONAUT
ASSOCIATES, Saratoga - Sunnyvale Road & Blauer Drive; Request for modification of an approved
project to remove or reduce a required soundwall between the Argonaut Shopping Center and adjacent
properties to the north and east.
Walgren presented the staff report.
Bernald wondered if the Center has anything to say if the Commission recommends the wall not be built, and if the
City has liability. Walgren responded that the City would not incur any liability as a result of waiving the soundwall
at the neighbors' request.
The public hearing was opened at 10:26 p.m.
Robert Whitlow, applicant, represented seven out of nine homeowners regarding the soundwall, all of whom felt the
wall is not necessary, and that noise and traffic are not a problem.
Neighbors also spoke in opposition to the wall; they were concerned about people writing on the wall and wondered
If the pedestrian access for the neighborhood, currently at the northeast corner, would be maintained.
Murakami asked why there had been no complaints when this was first brought to the Commission. Whitlow
responded that he was not aware that a wall would be built.
Martlage was concerned about the RV path under the tree canopy and over the tree roots.
Denise Levy, Regan Lane, commented that the only noise heard is from the air conditioners, which are located
above roof level and higher than the soundwall. She was opposed to a wall because it meant that trees would be
removed, and felt the wall would encourage problems with trash, rats and drainage.
Planning Commission Minutes _ Page 7
July 8, 1998
The public hearing was closed at 10:40 p.m.
Martlage was concerned about the aesthetics of the soundwall and felt that having a break for pedestrians defeats the
purpose of the wall.
Patrick noted that the neighbors originally wanted a soundwall, that there should be no access to and from the back
yards, and that she was not in favor of changing what had been previously approved.
Kaplan was not in favor of making any changes to the Center.
Murakami understood the convenience to the neighbors of having access to and from the Center but questioned
whether there were safety and legal issues of not allowing the wall to be built. He also said that the wall is not high
enough to prevent the transmission of sound.
Bernald agreed. She was in favor of building the wall on the north side, with the walkway maintained.
Pierce said that the owner of the shopping center was not opposing the wall.
Murakami and Martlage felt the wall should be built adjacent to the properties on the north.
Kaplan and Patrick were opposed to any changes.
BERNALD / MURAKAMI MOVED TO APPROVE DR -96 -056.2 & UP -96- 016.2; MOTION PASSED 4 -2
(KAPLAN AND PATRICK OPPOSED).
7. DR -98 -017 (APN 397 -42 -018) - PINN BROTHERS, 14168 Taos Court (Lot 6); Request for Design
Review approval to construct a new one - story, single family residence, 5,521 sq. ft. in size, 20 ft. in height, on
a vacant 59,289 sq. ft. lot in the R -1- 40,000 zoning district.
Walgren presented the staff report.
Patrick asked what had been changed since the original plan. Walgren responded that the changes were in terms of
envelope and massing, and that modifications had been made to the design of the entryway.
The public hearing was opened at 10:55 p.m.
Chuck Bommarito, applicant's representative, showed a rendering of the first house, then showed how the changes
would affect the overall design. He said the living area had been reduced by 13 %, that there was a change in the
exterior elevation, and that a 275 square foot porch was removed. The modifications were done in order to bring the
home more into conformance and make it look like a Saratoga ranch style home.
Kaplan asked about the driveway material. She felt the home is well separated from the neighbors, that it follows
the topography, and that it has a good floor plan and design.
Martlage inquired what the differences were among the plans from January, February and today.
Patrick asked if the landscape wall was against the house; she was told that it was not, its purpose was to soften the
exterior.
Planning Commission Minutes Page 8
July 8, 1998
The public hearing was closed at 11:05 p.m.
Murakami reported that he had met with Bommarito 1' /z months ago to go over the plans.
Kaplan had no problem with the design and felt it was compatible.
Murakami felt the original perception was too large; after reviewing the plans and the changes, he can approve.
Bernald would support the plan.
Martlage felt the plan has not changed sufficiently is still not compatible with Condition #24 of the Tentative Map
Resolution for the subdivision.
Patrick concurred; she would prefer that the exterior be wood, and cannot support.
Pierce was able to support the project.
KAPLAN / BER.NALD MOVED TO APPROVE DR -98 -017; MOTION PASSED 4 -2 (MARTLAGE AND
PATRICK OPPOSED).
DIRECTOR ITEMS
• Walgren advised the Commissioners that a joint meeting with the City Council is scheduled for September 8th.
• Walgren announced that a new Planning Commissioner, Chuck Page, has been selected; he will be sworn in at
the July 15th City Council meeting and will attend the next Commission meeting on July 22nd.
COMMISSION ITEMS
• Bernald noted that part of the field next to the San Jose Symphony Showcase house has been plowed, and
thanked Walgren for this effort.
• The City's arborist had been out to the Shah property and reported that the tree is not damaged but that the
fencing is down. Penalties will accrue as long as the fencing is not in place.
• A resident's attorney contacted Commissioner Bernald concerning tennis court lights wanted by the resident.
COMMUNICATIONS
Written
• City Council Minutes dated June 17, 1998
• Notices for Planning Commission Meeting of July 22, 1998
ADJOURNMENT AT 11:30 P.M. TO NEXT MEETING
• Wednesday, July 22, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, June 24,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Chair Pierce, Commissioners Bernald, Kaplan, Murakami and Patrick
Absent: Commissioner Martlage
Staff: Director Walgren, Planning staff Crowley
Pledge of Allegiance
Minutes
Minutes from June 10, 1998 meeting will be considered at the July 8, 1998 meeting.
Oral Communications
None.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 19, 1998.
Technical Corrections to Packet
Item #1 (Cotran): The applicants have provided requisite information concerning resolution of geotechnical issues
and have requested a continuance to the 7/8/98 public hearing.
Item #2 (Blackwell /Hassler): The smallest lot size will be 13,000 square feet, not 13,500 square feet as shown in the
staff report.
CONSENT CALENDAR
DR -97 -066 (APN 503 -31 -055) - COTRAN, 14158 Dorene Court; Request for Design Review approval to
construct a new 4,955 sq. ft., two -story single family residence, 20 ft. in height, on a vacant 1.05 acre parcel in
the Hillside Residential Zoning District. (REQUEST FOR CONTINUANCE TO 7/8/98).
PATRICK / BERNALD MOVED TO APPROVE CONTINUANCE OF DR -97 -066; MOTION PASSED 5 -0.
PUBLIC HEARINGS
2. SD -97 -002 (APN 397 -28 -047, 048 & 397 -29 -004) - BLACKWELL/HASSLER, 14000 Alta Vista Avenue;
Request for Vesting Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots
ranging in size from 1.3,500 to 34,000 sq. ft. each. The project site abuts the Saratoga Creek to the south and is
heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The property
is located within an R -1- 12,500 zoning district.
Planning Commission Minutes
June 24, 1998
Page 2
An environmental Initial Study has been prepared for this project and is available for review at the City of
Saratoga in the Planning Division offices at the above address. (CONTINUED FROM 6/10/98 AT THE
REQUEST OF THE APPLICANT).
Walgren presented the staff report.
Patrick said the initial study completed last year recommended a subsequent study be performed, and that this revised
information had not yet been received.
The public hearing was opened at 7:43 p.m.
William Heiss, civil engineer, provided a presentation describing the previous layout of the property and how it had
been developed. He also discussed existing trees and those to be removed, a landscape restoration plan, and
mitigation measures. The applicant asked to start the architectural review process before the final map is recorded.
Patrick asked why the additional studies had not been done before now.
Pierce asked to see the location of the current driveway.
Walgren stated that there could be no Design Review of the individual homes until the final map has been recorded.
Neighbors felt the density of the entire project should be decreased and were concerned about increase in traffic,
significant noise impact, loss of privacy, and the issue of safety for their children. They felt the traffic study was
inadequate and wanted to verify information from other developments.
Bernald asked about the configuration of the lots.
Pierce wondered if the neighborhood residents would be willing to pay for an additional traffic study to refute the one
presented.
Patrick commented that speed bumps Might help to reduce traffic speed. She also felt that five homes are not
conducive to the neighborhood, but that the setting would be lovely for fewer homes.
Barrie Coate, arborist, agreed that a large part of the property is dense in terms of tree growth; he stated that problem
trees could be replaced and that protection could be put around certain trees to save them and provide screening.
Kaplan did not like the configuration and was opposed to the flag lot.
The public hearing was closed at 9:05 p.m.
Patrick felt the constrained site and its many trees presented a challenge and wondered if other possibilities existed for
access.
Pierce was concerned about the other three lots on Alta Vista and felt a study session would be appropriate to discuss
all the lots and options available.
Kaplan, Murakami and Bernald agreed the issues should be reviewed again and that the discussion should be
continued to a study session.
Planning Commission Minutes
June 24, 1998
Page 3
The public hearing was reopened and the item continued to a study session 7/8/98 for further discussion.
CHAIR PIERCE REQUESTED A BREAK FROM 9:20 TO 9:30.
3. LL -98 -002 & V -98 -004 (397 -28 -031) - BLACKWELL PROPERTIES, 20345 Williams Avenue; Request
for Lot Line adjustment to relocate an existing property line six feet between Lot 22 (Parcel A) and Lot 23
(Parcel B) of the Williams Tract. Variance approval is required to allow Parcel B to be reduced in size by 920
sq. ft. from its current size of 9,940 sq. ft. Parcel A will increase in size from 7,670 to 8,590. The combined
parcels are 17,610 sq. ft. and are located in an R- 1- 10,000 zoning district.
Walgren presented the staff report.
Kaplan confirmed that the lot line adjustment is being proposed to prevent the property line going through the
existing home on Parcel A.
The public hearing was opened at 9:39 p.m.
William Heiss, civil engineer, discussed the reasons for the proposal for a lot line adjustment and remodel of the
home on Parcel A.
Neighbors asked whether building permits had been issued and wondered if the house on Parcel A, which they felt
was not a buildable lot, would be torn down or remodeled.
Heiss responded that they plan to remodel the existing house; the lot line adjustment would provide a six foot
setback to this house on Parcel A and that it does not impact Parcel B.
Bernald asked if the garage would remain on Parcel A.
Kaplan asked if the two parcels could be merged into a conforming lot. Walgren responded that the City did not
have the authority to require that these two legal lots of record be merged into a single lot.
The public hearing was closed at 9:55 p.m.
Patrick, Bernald, Murakami and Pierce were not opposed to the project.
Kaplan recommended retaining the large trees on Parcel B, but felt she could approve the project.
PATRICK / BERNALD MOVED TO APPROVE V -98 -004; MOTION PASSED 5 -0.
PATRICK / BERNALD MOVED TO APPROVE LL -98 -002; MOTION PASSED 5 -0.
4. DR -98 -010 & V -98 -001 (APN 503 -26 -028) - BAGNAS, 14005 Wildwood Way; Request for Design Review
approval to construct a new 1,990 sq. ft., two -story single family residence, 22 ft. in height, on a 3,572 sq. ft.
parcel in the R -1- 10,000 Zoning District. Applicants also request Variance approval for reduced setbacks for
the first and second stories of the proposed structure.
Walgren presented the staff report.
Planning Commission Minutes
June 24, 1998
Pierce asked what style of house is being proposed.
Page 4
Murakami said it was not unusual to see constraints on all lots in this neighborhood and that similar Variances have
been granted in this tract.
Bernald wondered if the driveway were accessible with the gate located where it is; she felt the old gate should be
replaced with something newer.
Kaplan felt the gate was superfluous; the street is private and residents can choose to close it off.
Patrick recommended removal of the existing poorly maintained vegetation along the gate so that sufficient room
exists for emergency vehicles.
The public hearing was opened at 10:05 p.m.
The applicant stated their intention to remove vegetation and to move the gate for the safety of the neighborhood.
Kaplan felt the house appears to be three stories and very large, and wondered if the applicant had considered a
basement to lower the profile of the house.
Patrick asked if the applicant had plans for a sidewalk.
Neighbors felt the house would add to the neighborhood, but wanted to keep the chains up on both sides of the
street.
Patrick asked if the chains could be moved to provide more parking for the neighbors.
The public hearing was closed at 10:16 p.m.
Bernald felt the Design Review and Variance pose no problem; she was concerned about the posts but did not
know if moving them will help the parking situation. She would be able to support the project.
Murakami liked the design.
Kaplan would not be able to support the project.
Patrick felt the house is too large and massive.
Pierce liked the house and felt that the design changes staff required and the added wood siding make it acceptable
and a nice addition to the neighborhood.
BERNALD / MURAKAMI MOVED TO APPROVE V -98 -001; MOTION PASSED 3 -2 (KAPLAN AND
PATRICK OPPOSED).
MURAKAMI / BERNALD MOVED TO APPROVE DR -98 -010 WITH MODIFICATIONS; MOTION PASSED
3 -2 (KAPLAN AND PATRICK OPPOSED).
5. AZO -98 -001 - CITY OF SARATOGA; Consideration of proposed amendments to Article 15 of the
Municipal Code - the Saratoga Zoning Ordinance. Amendments would include revisions to the Building Floor
Planning Commission Minutes
June 24, 1998
Page 5
Area and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative
Design Review and Accessory Structure Review processes and the Sign Ordinance. New regulations are also
proposed that would include a restriction on the number of wood burning fireplaces allowed and the creation
of a creek protection setback for new construction. Lastly, staff is proposing amendments to the Lot
Impervious Coverage requirements to match the language of the Measure G initiative.
Walgren presented the staff memorandum.
The public hearing was opened at 10:35 p.m.
Walgren summarized the proposed ordinances. Each of the ordinances was addressed separately, and the
Commission discussed whether to recommend or not recommend these to the City Council.
The public hearing was closed at 10:55 p.m.
PATRICK / KAPLAN MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENTS
WITH CHANGES BY ADOPTING RESOLUTION AZO -98 -001; MOTION PASSED 5 -0.
DIRECTOR ITEMS
• Candidates for the vacancy on the Planning Commission would be interviewed at the July 1 Council meeting.
• The Jayakumar and Neogy appeals will be heard at the July 15 Council meeting.
• Annexation along Mt. Eden Road at the northeast corner of the City was discussed.
• The Community Service Officer will be on vacation the weeks of July 6 and 13.
• Walgren will be on vacation the weeks of August 17 and 24.
• November 11 is a legal. holiday; the Commission meeting scheduled for that date will be held Tuesday,
November 10, with site visits on Monday, November 9.
COMMISSION ITEMS
COMMUNICATIONS
W rittvn
• City Council Minutes dated June 3 and June 9, 1998
• Notices for Planning Commission Meeting of July 8, 1998
ADJOURNMENT AT 11:00 P.M. TO NEXT MEETING
• Wednesday, July 8, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, June 10, 1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call
Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage and Patrick
Absent: Commissioner Murakami
Staff: Director Walgren, Staff Planner Ratcliffe
Pledte of AllelZiance
Minutes - May 1.3 and May 27, 1998
PATRICK / BERNALD MOVED TO APPROVE THE MINUTES OF MAY 13; MOTION PASSED 4 -0
(BERNALD ABSTAINED).
BERNALD / KAPLAN MOVED TO APPROVE THE MINUTES OF MAY 27; MOTION PASSED 3 -0
(MARTLAGE AND PATRICK ABSTAINED).
Oral Communications
None
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 5, 1998.
Technical Corrections to Packet
None.
CONSENT CALENDAR
1. SD -97 -002 (APN 397-28-047,048 & 397 -29 -004) - BLACKWELL/HASSLER,14000 Alta Vista Avenue;
Request for Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots
ranging in size from 13,500 to 34,000 sq. ft. each. The project site abuts the Saratoga Creek to the south and
is heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The
property is located within an R- 1- 12,500 zoning district.
An environmental Initial Study has been prepared for this project and is available for review at the City of
Saratoga in the Planning Division offices at the above address. (CONTINUED TO 6/24/98 AT THE
REQUEST OF THE APPLICANT - IN RESPONSE TO NEIGHBORS' REQUEST FOR
ADDITIONAL TIME TO REVIEW PROPOSAL).
Planning Commission Minutes
June 10, 1998
Page 2
2. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to
construct a 1,098 sq. ft. single story addition to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R-
1- 10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 15 feet.
(CONTINUED FROM 5/27/98).
PATRICK / BERNALD MOVED TO APPROVE THE CONSENT CALENDAR; MOTION PASSED 5 -0.
PUBLIC HEARINGS
3. DR -98 -008 (APN 389 -16 -003) - SALAH, 13033 Montrose Street; Request for Design Review approval
to construct a new 31985 sq. ft. , two -story single family residence, 24 feet, 8 inches in height, on a vacant
14,330 sq. ft. parcel in the R- 1- 10,000 zoning district. A foundation from a destroyed home currently
exists on the site.
Walgren presented the staff report.
The public hearing was opened at 7:42 p.m.
The applicant said he had worked with Planning staff on three revisions to the plans, stating that the house has
been set back from the street and that the area is under renovation.
The public hearing was closed at 7:45 p.m.
Patrick was not in favor of the second story and did not feel that this location is appropriate for a two story home.
Martlage did not feel the floor area exception is appropriate.
Bernald would approve the project, but stated this does not set a precedent.
Kaplan and Pierce felt the two story home is appropriate but could not support the exception to the square
footage reduction.
KAPLAN / MARTLAGE MOVED TO APPROVE DR -98 -008 WITH MODIFICATIONS TO DENY THE
FLOOR AREA REDUCTION EXCEPTION; MOTION PASSED 4 -1 (PATRICK OPPOSED).
4. DR -98 -013 (APN 517 -20 -033) - LUNDSTROM, 14780 Montalvo Road; Request for Design Review
approval to construct a new 3,871 sq. ft., single story residence, 22 feet in height, on a 20,299 sq. ft. parcel
in the R -1- 20,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 7:53 p.m.
Park Miller, architect, discussed the project.
Kaplan asked if both fireplaces used gas only; applicant replied that both had gas starters.
Planning Commission Minutes
June 10, 1998
Page 3
Patrick asked if the driveway goes up to the property line; applicant responded yes, that this was done to allow
room for a car to turn around.
Walgren explained that with this configuration, the 26 feet is necessary.
Patrick was concerned about the amount of paving.
Kaplan was also concerned about the amount of paving and trees #4 and 96; she wondered if it would be possible
for the garage to be entered off Montalvo.
The applicant will comply with the arborist's suggestions and conditions.
The public hearing was closed at 8:02 p.m.
Martlage had concerns about the paving and "guest parking" which she felt infringes on the entryway; she also
hates to see the wisteria lost.
Bernald concurred with Martlage.
Kaplan thought the garage should be moved so as to reduce paving.
Patrick concurred with the other Commissioners and felt the garage should open the other way.
Pierce thought the paving and pervious paving are fine given the size of the lot; he felt the design is good and
should not be changed.
KAPLAN / BERNALD MOVED TO APPROVE DR -98 -013 WITH MODIFICATIONS TO THE DOOR
FACING MONTALVO ROAD; MOTION PASSED 4 -1 (PIERCE OPPOSED).
5. DR -98 -012 (APN 510 -05 -030) - JUNGE and NIX, 19600 Saratoga -Los Gatos Road; Request for
Design Review approval to construct a two story addition totaling 1,994 sq. ft. to an existing single story
residence of 3,253 sq. ft. on a 1.1 acre lot in the R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 8:10 p.m.
The applicant gave a presentation. Bernald asked questions regarding the circular driveway.
The public hearing was closed at 8:14 p.m.
Bernald had no problem with the design, but would like assurance that cars will not be parked outside.
Kaplan and Patrick felt the project was appropriate.
Martlage thought the entryway was nice.
Pierce liked the project.
Planning Commission Minutes Page 4
June 10, 1998
PATRICK / KAPLAN MOVED TO APPROVE DR -98 -012; MOTION PASSED 5 -0.
6. DR -98 -006 (397 -08 -070) - DOLES, 15280 El Camino Grande; Request for Design Review approval to
demolish an existing single story residence, guest house and detached garage totaling 6,736 sq. ft. and
construct a new single story residence and guest house totaling 6,381 sq. ft. on an existing 3.5 acre parcel
located in the R -1- 40,000 zoning district.
Walgren presented the staff report.
Kaplan asked if the property could be subdivided; Walgren responded that it could.
Pierce asked if the Commission could prohibit subdivision of the property.
Bernald felt that tree 431, a Canary Pine, was a fine specimen.
The public hearing was opened at 8:23 p.m.
Marty Oakley, applicant's architect, discussed impervious coverage on the property and that the proposed square
footage is less than the existing amount.
Kaplan asked the architect to discuss fireplaces (two wood - burning, one gas only in master bedroom and all had
gas starters), and trees on the property (there are many trees and shifting the house would affect the other trees).
Martlage felt it would be a shame to lose the older architectural elements and asked if these would be sold or
demolished; the applicant responded that the architectural features of the house would be salvaged.
Pierce asked about grading.
Bernald felt the tree protective fencing was OK.
The public hearing was closed at 8:30 p.m.
Kaplan said the house was nice house but that she liked the old house; as long as the trees are protected, she
would be able to approve.
Patrick liked the old house, but had no major objections.
Martlage concurred with Patrick and would have liked the old design.
Kaplan wanted two gas- burning fireplaces.
Bernald concurred with Patrick and Martlage, and felt the design was acceptable.
Pierce liked the design.
.KAPLAN / MARTLAGE MOVED TO APPROVE DR -98 -006 WITH CONDITIONS; MOTION PASSED 5 -0.
7. DR -98 -011 (386 -52 -018) - HO, 20283 Seagull Way; Request for Design Review approval to add 409 sq.
ft. to the first story of an existing 1,596 sq. ft. single story residence and add a new 1,050 sq. ft. second
Planning Commission Minutes
June 10, 1998
Page 5
story for a total square footage of 3,055 sq. ft. The site is approximately 9,375 sq. ft. located within an R-
I- 10,000 zoning district.
Walgren presented the staff report.
Bernald asked a question about the amount of additional coverage.
Kaplan wondered if the windows might be shifted, possibly those on the upper level.
The public hearing was opened at 8:50 p.m.
The applicant felt the design is good and nicely massed, and said they are sensitive to the privacy issues of the
neighbors.
Kaplan asked whether the two fireplaces are gas only.
Bernald asked the windows and balcony on the back.
Nunenkamps expressed concerns about loss of privacy and impact on views. They felt a second story was
inappropriate and that a single -story home would be more harmonious with the neighborhood; if the home were a
single story, they preferred that the French doors and balcony be removed, or possibly add trees to screen.
The applicant stated they would be happy to move the windows to east instead of to the back and /or provide a
landscape plan.
The public hearing was closed at 9:10 p.m.
Patrick and Martlage would be able to approve the project with changes in the windows.
Bernald will support the application.
Kaplan agreed and stated that, as a matter of policy, each two -story home is handled on a case by case basis.
Pierce liked a two -story home being 21 feet tall.
PATRICK / MARTLAGE MOVED TO APPROVE DR -98 -011 WITH THE CONDITION THAT THE TWO
FIREPLACES BE NON- WOODBURNING, ALSO THAT THE APPLICANTS WORK WITH STAFF AND
NEIGHBORS ON AN APPROPRIATE LOCATION FOR THE UPPER FLOOR WINDOWS; MOTION
PASSED 5 -0.
8. DR -98 -015 (APN 503 -27 -066) - CLARK, 14241 Springer Avenue; Request for Design Review approval
to demolish an existing single story residence and accessory structures totaling 1,633 sq. ft., and construct
a new two- story, single family residence totaling 2,707 sq. ft., 22 ft. in height, on a 7,467 sq. ft. lot in the
R -1- 10,000 Zoning:District.
Walgren presented the staff report.
The public hearing was opened at 9:20 p.m.
Planning Commission Minutes
June 10, 1998
Page 6
The applicant felt their French Country style home is respectful of the environment and said they want to ensure
that trees are protected.
Kaplan confirmed that all fireplaces are gas and asked if the applicants plan to dig out a cement wall on the
property and cover it over.
The applicant responded that if the arborist feels the wall should remain, they will go along with that.
A neighbor gave his full support to the plan and liked what they applicants are doing; he thought the cement on
the property is an old retaining wall.
The public hearing was closed at 9:30 p.m.
Martlage liked everything about the house.
Bernald and Kaplan concurred.
Patrick liked the design and felt the neighborhood is doing well; the basement being located close to the creek
might present a possible drainage problem, but it wasn't significant.
Pierce liked the project,, the neighborhood and the design.
MARTLAGE / PATRICK MOVED TO APPROVE DR -98 -015; MOTION PASSED 5 -0.
DIRECTOR ITEMS
• DR -97 -065 - KRIENS, 18974 Monte Vista Drive; Request for administrative approval of plan revisions.
ADMINISTRATIVE APPROVAL WAS GRANTED.
• DR -95 -011 - CORNELL, 13626 .Deer Trail Court; Request to modify approved plans. STAFF WAS
DIRECTED TO REQUIRE A FORMAL SITE MODIFICATION APPLICATION FOR THE PROPOSED
CHANGES.
• A ceremonial gavel was presented to Patrick in recognition of her past service as Planning Commission
Chair.
• Various code enforcement matters were discussed and updates provided.
COMMISSION ITEMS
• Bernald reported that the San Jose Symphony Showcase had been successful and wondered when the field
would be plowed.
• Patrick asked if accessory structures on that site were permitted? Walgren will follow up.
• There was a discussion of the Bellicitti property on Quito Road; Walgren will follow up on the issues raised.
• The Commission reviewed two letters received regarding equestrian trails.
Planning Commission Minutes
June 10, 1998
COMMUNICATIONS
Written
• City Council Minutes dated May 20 and May 26, 1998
• Notices for Planning Commission Meeting of June 24, 1998
ADJOURNMENT AT 9:50 P.M. TO NEXT MEETING
Wednesday, June 24, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
Page 7
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, May 27,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Murakami
Absent: Commissioners Martlage, Patrick
Staff: Walgren, Ratcliffe
Pledge of Allegiance
Minutes - April 22 and May 13, 1998
Bernald requested the following modifications to the minutes of April 22, 1998:
(Blackwell Brothers)
• Page 3, paragraph 7: Correct the second sentence to read "Trees #26 and #33 must be saved..." in lieu of "Trees
#26 and #30 must be saved..."
(Poellot)
• Page 3, last paragraph: Add the phrase "and he approved of the project."
• Page 4, paragraph 2: Correct the first sentence to read "...was thankful there were 3 gas fireplaces" in lieu of
"...noticed there were 3 gas fireplaces."
(San Jose Symphony)
• Page 4, Paragraph 11: Correct the spelling of Commissioner Bernald's last name to ` Bernald" in lieu of
"Bernard." Correct the last sentence to read "...that soil should be built up to make this area more level near the
road" in lieu of "...that something should be placed there to make this area more level."
• Page 4, paragraph 16: Correct the first sentence to read "...but preferred using a shuttle, feeling there was a
safety concern..." in lieu of "but were against using a shuttle, feeling it was a safety concern..."
• .Page 5, paragraph 1: Add the phrase "and asked for discussion."
APPROVED AS MODIFIED 3/0 (KAPLAN ABSTAINED)
Consideration of the minutes from May 13, 1998 was continued to the meeting of June 10, 1998.
Oral Communications
None
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 22, 1998.
Technical Corrections to Packet
Item 3 (Neogy): (a) The terms "hipped" and "gabled" were transposed in the staff memorandum relating to the
roof style being proposed. (b) The pool has been relocated from the rear yard to the front yard of the home.
Planning Commission Minutes Page 2
May 27, 1998
2. Item 5 (Fitzsimmons): (a) The signature page was not included with the Resolution. (b) Subsection 15 of the
Initial Study should show a net increase of 4 new homes, rather than the 12 homes stated.
CONSENT CALENDAR
1. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to
construct a second story addition of 946 sq. ft. to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R -1-
10,000 zoning district. Proposal will change building height from 1.4 feet, 6 inches to 21 feet, 6 inches.
(CONTINUED FROM 4/22/98 - APPLICANTS REQUEST FURTHER CONTINUANCE TO 6/10/98 TO
COMPLETE PLAN REVISIONS)
2. DR -97 -067 (APN 386 -53 -006) - LUI, 20380 Seagull Way; Request for Design Review approval to construct
a first story addition totaling 1,807 sq. ft. to an existing 1,840 sq. ft. house on a 12,291 sq. ft. lot in the R -1-
10,000 zoning district. (CONTINUED FROM 4/22/98)
KAPLANBERNALD MOVED TO APPROVE THE CONSENT CALENDAR; MOTION PASSED 4/0.
PUBLIC HEARINGS
3. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval to
construct a new 6,489 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential zoning
district. (CONTINUED FROM 4/22/98)
Walgren presented the staff memorandum.
The public hearing was opened at 7:40 p.m.
The applicant was present and responded to questions raised by the Commissioners.
Kaplan asked if the applicant had considered lowering the profile of the house and using a basement. The
applicant responded that the size of the lot makes this difficult.
Kaplan asked Walgren what would be involved to lower the house, and how visible it would be.
Walgren responded that the house would have to be a one -story with a basement, or a stepped two -story, and that
the property is screened by Coast Live Oak and other trees.
The public hearing was closed at 7:45 p.m.
Kaplan was not happy with the project; she did not like the pool being located in the front of the property; she also
felt the house is too big and would like to see it re- designed.
Murakami was not comfortable with the way the house sits, feeling the appearance is bulky, and that the
modifications did not improve the design. He wondered if a work session might be considered and was not ready
to approve.
Bernald concurred with Kaplan and Murakami, feeling the location of the pool was not suitable and that the house
was not compatible with the lot and the neighborhood.
Planning Commission Minutes Page 3
May 27, 1998
Pierce was concerned with the size of the house, stating that while the lot was large, the building pad was small.
Tile size reduction of 200 square feet on a 6,600 square foot house was not enough of a reduction to make a
difference in the bulk of the house.
The applicant was given the option to have the Commission vote or to continue the project.
KAPLAN /MURAKAMI MOVED TO DENY DR -97 -060; MOTION PASSED 4/0.
4. SM -98 -001 (APN 517 -23 -020) - BIRENBAUM, 20052 Sunset Drive; Request for Site Modification approval
to construct a new rear yard pool with associated spa, arbor and decking on a 2.96 acre parcel located in a
Hillside Residential zoning district. The property is currently developed with a 5,111 sq. ft. two -story
residence.
Walgren presented the staff report.
Kaplan clarified that the 4,000 square foot fenced area excluded the pool.
The public hearing was opened at 7:50 p.m.
Jeff Werner, applicant's designer, said that, after a long discussion, the pool had been proposed on the flattest portion
of yard.
The public hearing was closed at 7:57 p.m.
Bernald was able to support the application, given the dense vegetation.
Murakami had no objection.
Kaplan concurred; she had been concerned about the slope but after the geotechnical report and inspections, she felt
these concerns had been addressed.
Pierce felt the isolated location chosen for the pool was a good one.
BERNALD / KAPLAN MOVED TO APPROVE SM -98 -001; MOTION PASSED 410.
5. SD -98 -001 (APN 389 -34 -003) - FITZSIMMONS/YAMAOKA DEVELOPMENT, 13480 Saratoga
Avenue; Request for Tentative Subdivision Map Approval to divide one 3.24 acre parcel into five single -
family residential lots. The lots would range in size from 20,012 sq. ft. to 24,051 sq. ft., permitting home sizes
of 4,518 to 4,830 sq. ft. (including garages).
An Environmental Initial Study and Negative Declaration have been previously noticed pursuant to the
requirements of the California Environmental Quality Act.
Walgren presented the staff report.
Kaplan was concerned about trees #13, 14, 15 and 16. Bernald asked Walgren if some of the trees could be
moved. Walgren responded that they could be transplanted.
Planning Commission Minutes Page 4
May 27, 1998
Kaplan also said she had received a call from a resident regarding this project.
The public hearing was opened at 8:07 p.m.
The applicant's architect concurred with the conditions placed on the project and said that he wanted to stress the
Tentative Map, not the structures.
Bernald wondered how large the one -story homes would be on Lots 4 and 5
Kaplan asked if the applicant had considered going down (i.e., a basement) instead of up, and wanted to be sure
that the public sees the exhibits.
Neighbors presented a neighborhood map and a highlighted plan of Area L. They supported single -story homes
and requested that the pad elevation be at the natural grade and that the pipe be moved to protect trees, in
accordance with the Resolution. They were concerned about drivers making left turns from Ranfre, property value
protection, loss of privacy, and asked that more attention be given to the Arborist Report.
The applicant said that the Tentative Map had restraints and that the individual homes would be subject to the
Design Review process. He said the roof line might be lowered and windows facing adjacent properties removed.
Kaplan asked if the applicant had seen Heritage and Kerwin Ranch. The response was yes.
The public hearing was closed at 8:40 p.m.
Murakami had concerns regarding privacy issues on Lots 4 and 5 and felt they should stay consistent with the past.
Kaplan concurred with Murakami and asked Walgren whether Kerwin Ranch is 22 feet. Walgren responded yes.
Bernald asked questions regarding the sewer and storm drain lines. The arborist had recommended the lines be
relocated, and Bernald wondered if this condition was included in the Resolution. Walgren responded yes.
Bernald was impressed with the neighbor turnout. She was concerned that the pad level remain as close to natural
grade as possible, felt that the houses should be limited to one story, and had concerns regarding traffic.
Pierce concurred and complimented the neighbors and the applicant for their excellent presentations. He felt that
two story homes were inappropriate and that the applicant should consider basements; he also felt the pads should
be at the current level and raised questions regarding fencing.
Kaplan felt the fencing along Saratoga Avenue should be the same as the subdivision to the south.
Pierce felt that homes should be one story and that maintaining building pads at the current height will increase
property values.
BERNALD /MURAKAMI MOVED TO APPROVE SD -98 -001 WITH CONDITIONS; MOTION PASSED 4/0.
KAPLAN /BERNALD MOVED TO ADOPT THE NEGATIVE DECLARATION; MOTION PASSED 4/0.
At the request of Chair Pierce, there was a break from 8:50 - 9:00 p.m.
Planning Commission Minutes
May 27, 1998
Page 5
6. DR -97 -059 (APN 503 -16 -092) - BLACKWELL BROTHERS, 18880 Bella Vina Court; Request for Design
Review approval to construct a new 6,011 sq. ft. two -story residence on a newly created parcel, Lot 5 of the
Bella Vina Subdivision. The site is 40,000 sq. ft. and is located within an R -1- 40,000 zoning district.
Walgren presented the staff report and read a letter from a neighbor into the record.
The public hearing was opened at 9:01 p.m.
Greg Blackwell, applicant, responded to questions.
Kaplan was concerned about the three fireplaces and wondered if they were gas or wood burning.
The applicant agreed to make one of the fireplaces gas burning only.
Bernald asked Walgren about an ordinance relating to fireplaces currently being developed. Walgren responded
that the ordinance will be before the Planning Commission at the June 24th meeting, and, if adopted, will become
effective in August of this year.
The public hearing was closed at 9:08 p.m.
Bernald liked the design and the project, but she had concerns with the fireplaces.
Murakami liked the design and noted that the Commission has approved other homes without restricting
fireplaces. He complimented the applicant for using differing home designs and was willing to approve the
project.
Kaplan was concerned with the fireplaces; if one fireplace were completely gas and the other two had gas starters,
then she would be able to approve.
Pierce liked the design and wanted to be consistent with previously approved projects. He suggested that all
fireplaces be gas equipped. Pierce stated that Mr. Conrado, a neighbor, liked the design as well.
MU.RAKA1vII /BERNALD MOVED TO APPROVE DR -97 -059 WITH CONDITIONS; MOTION PASSED 4/0.
7. V -98 -006 & F -98 -001 (APN 503 -72 -038) - THOMAS, 21550 Saratoga Heights Drive; Request for Variance
approval to construct a six foot fence within the front yard setback, the application includes a Fence Exception
request to enclose an area in excess of 4,000 sq. ft. in the HR district. The parcel is approximately 2.1 acres.
Walgren presented the staff report.
The public hearing was opened at 9:17 p.m.
The applicant stated that deer eat all vegetation and objected to staff's recommendation that the Variance be denied.
Kaplan asked if the applicant has had cars drive over the property. The applicant responded yes.
The public hearing was closed at 9:25 p.m.
Planning Commission Minutes
May 27, 1998
Page 6
Kaplan said that the ordinance regarding fencing is in place for a reason and that she didn't believe that a fence will
stop the deer.
Murakami did not feel the Commission could make findings for a Variance or a Fencing Exception.
Bernald concurred with Kaplan and Murakami and was sensitive to the issue of preserving trees. She was not able to
support the application.
Pierce disagreed with the other Commissioners, stating that there are many fences in this area. He felt the
Commission could grant the fence exception, as he feels it is a reasonable request.
Kaplan said that the fact that other fences have been erected illegally, does not mean that it is all right to do so.
Walgren brought up the suggestion of using parallel wires.
Bernald felt this was a massive amount of fencing and asked if there might be another way to do it.
MURAKAMI /KAPLAN MOVED TO DENY V -98 -006; MOTION PASSED 4/0.
KAPLAN /BERNALD MOVED TO DENY F -98 -001; MOTION PASSED 3/1 (PIERCE OPPOSED).
DIRECTOR ITEMS
1. Walgren provided an update of the project to consolidate the newsracks in the Village and identified Jennie
Loft as the point person for this effort.
2. Walgren reported that an honorary gavel will be given to Commissioner Patrick at the next public hearing in
recognition of her service as Chair of the Planning Commission.
COMMISSION ITEMS
Kaplan asked questions about the Old Oak Way property. Walgren summarized the findings and actions taken
by Community Development and Engineering inspection staff.
2. Pierce would like to organize a group drive to look at good and bad examples of home designs in other cities.
COMMUNICATIONS
Written
1. City Council Minutes dated May 6 and May 12, 1998
2. Notices for Planning Commission Meeting of June 10, 1998
ADJOURNMENT TO NEXT MEETING 9:42 p.m. to Wednesday, June 10, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, May 13,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Pierce, Commissioners Martlage, Murakami, Patrick
Absent: Commissioners Bernald, Kaplan
Staff: Walgren, Ratcliffe
Pledte of Allegiance
Minutes - April 22, 1998
At the request of Chair Pierce, consideration of the minutes of the previous meeting was postponed until the May
27, 1998 public hearing.
Oral Communications
None.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 8, 1998.
Technical Corrections to Packet
Regarding Public Hearing item No. 5 (Cellular One), condition #6 was stricken from the approval Resolution.
CONSENT CALENDAR
1. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval
to construct a new 6,699 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential
zoning district.
PATRICK/MARTLAGE MOVED TO CONTINUE DR -97 -060 AT THE APPLICANT'S REQUEST, TO 5/27/98;
MOTION PASSED 4/0.
PUBLIC HEARINGS
2. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS, 18850 Bella Vina Court; Request for Design
Review approval to construct a new 5,219 sq. ft. two -story home on a vacant lot. The site is
approximately 75,000 sq. ft. gross, 34,438 sq. ft. net (accounting for the Santa Clara Valley Water
District easement). It is accessed by a bridge across Calabazas Creek from Bella Vina Court and is
located within an R -1- 40,000 zoning district. This application was previously heard at the Planning
Commission meeting of January 28, 1998, and the study session of February 11, 1998. The parcel is Lot
3 of the recently approved Blackwell 6 Lot Subdivision.
Planning Commission Minutes Page 2
May 13, 1998
Walgren presented the staff memorandum.
Chris Spaulding, applicant's architect, described changes made to the project.
John Hulme, 20964 Comer Drive, distributed a letter to the Commission. He was pleased with the screening and
stated his support of the project in general, requesting that open space and landscaping be used rather than a
redwood fence.
Martlage asked a question about the breezeway.
Murakami asked the reason for the increase in square footage of the project and was told that the increase was
primarily in the breezeway.
Patrick liked the plan but was unsure if the Commission should impose fencing conditions. She wanted the fence to
reflect the "craftsman" style.
Martlage liked the design but wanted to impose guidelines on the fence, and referred this matter back to staff.
Murakami felt it was unfortunate that tree #25 will not be saved but liked the design and the decision to keep the
large oak tree.
Pierce liked the design and the fact that the oak tree will be saved; he wanted the applicant and Mr. Hulme to work
together on the fencing issue.
PATRICK/MARTLAGE MOVED TO APPROVE DR -97 -028 WITH MODIFICATIONS FOR FENCING,
BASED ON THE APPLICANT WORKING WITH STAFF; MOTION PASSED 4/0.
3. DR -97 -062 (503 -75 -010) - JEPSEN, 21756 Congress Hall Lane; Request for Design Review approval to
construct a new 5,155 sq. ft. two -story home on a vacant lot. The site is approximately 3 acres, located
within the Hillside Residential zoning district.
Walgren presented the staff memorandum.
Park Miller, applicant's architect, produced a photo simulation showing the views from Tollgate Road and
addressed the issues of the paved area and its impact on the neighborhood; impervious coverage; and replacing
asphalt with interlocking squares. He commented that a neighbor had recommended a higher retaining wall to avoid
extra grading.
Martlage asked about the proposed colors of the house.
Patrick asked whether interlocking pavers are pervious. The architect felt that pavers would be impervious due to
compaction.
Neighbors expressed concerns with visual proximity and noise, and suggested there be a higher retaining wall along
the driveway, and that the project be relocated 5 feet to the south.
Patrick asked what the neighbors meant by a "higher" retaining wall.
Planning Commission Minutes 1. Page 3
May 13, 1998
The architect said that the applicant would agree to increase the height of the retaining wall, but that moving the
house 5 feet to the south would be problematic.
Murakami liked the design and the step -down, and was glad to see the neighbors in agreement. He appreciated the
view from Tollgate Road and noted that this house appeared to be lower than existing structures. The lot is
constrained and lie felt it would be difficult to move the house.
Patrick was concerned about impervious coverage but was willing to approve the project, based on resolution of the
height of the retaining wall. She felt that neighbors should not demand an odd placement of the new house, and she
did not sense there was a privacy issue. She said she was able to support the project.
Martlage appreciated the work the architect had put in for the Study Session and will support the project.
Pierce suggested that the neighbors work together to resolve the issue of the retaining wall and was able to support
the project.
PATRICK/MURAKAMI MOVED TO APPROVE DR -97 -062 WITH THE MODIFICATION THAT STAFF
WORK WITH THE APPLICANT ON HEIGHT OF THE RETAINING WALL; MOTION PASSED 4/0.
4. DR -98 -007 (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way; Request for Design Review
approval to construct a new two -story, single family residence, 4,043 sq. ft. in size, 25 ft. in height, on a
29,020 sq. ft. lot in the R -1- 15,000 Zoning District. A single story residence currently exists on the
property.
Walgren presented the staff report.
The applicant's architect presented color copies of renderings of the second story. He stated that an effort had been
made to respect neighbors' privacy by placing the second story away from the nearest neighbor and using low -
pitched roof lines.
Patrick asked the architect if they had considered putting in a basement, and the applicant responded that a basement
had not been considered.
Murakami wondered why such a large balcony had been placed in the rear of the house, feeling there might be
privacy issues. The applicant stated this would be an eating area and a place for outdoor enjoyment.
Neighbors appreciated efforts to reduce the bulk of the house and to create a sensitive design, but expressed concern
about the precedent such a large house would set and submitted a letter with 11 signatures in agreement. They felt
the house should be built on a smaller scale, more in line with existing homes, and raised questions about the
compatibility and bulk of such a large 2 story house, including loss of sunshine and views.
The applicant maintained that the design is a good and sensitive one.
Martlage asked if neighbors had seen the colored renderings, and the architect responded that they had.
Martlage liked the design but not the deck, and wondered why no consideration had been given to a basement. She
felt the design was sensitive, but she was not sure that a 2 story home is appropriate in this neighborhood.
Patrick liked the neighborhood and felt she might agree to a smaller 2 story house. She felt that the design gave the
Planning Commission Minutes Page 4
May 13, 1998
applicant a great view at the expense of the neighbors. She was unwilling to impinge on the neighbors and
wondered why there had been no consideration of a basement.
Murakami noted that most of the opponents to the project live on Marion, not Burns Way. He felt that anything
would be an improvement from what is existing, especially since the applicant has worked with staff and neighbors
to mitigate privacy concerns. He felt the size could be reduced, or that a basement might be utilized.
Pierce liked the design of the house and felt it was considerate of the neighbors, but questioned whether the design is
appropriate to the lot. He did not want to take away from the uniqueness of the neighborhood, and felt that a 1 story
house with a basement might be more appropriate.
The Commissioners advised the applicant that there were not enough votes to approve the project, and they offered
the applicant the opportunity to re- design for presentation at a future public hearing. In lieu of a continuance, the
applicant asked for a vote.
PATRICK/MARTLAGE MOVED TO DENY DR -98 -007; MOTION PASSED 4/0.
5. UP -98 -005 (403 -24 -001) - CELLULAR ONE, East of Quito Road and Adjacent to Hwy 85; Request for
Use Permit approval to install 3 cellular panel antennas on an existing PG &E transmission tower with an
associated radio equipment shelter (approximately 160 sq. ft.) to be located directly beneath the tower. The
site is located within an R -I- 1.0,000 residential zoning district. An Initial Study and Negative Declaration
have been prepared for this project pursuant to the requirements of the California Environment Quality Act.
Walgren presented the staff report.
Jennifer McCook of Cellular One, applicant's representative, said this project would provide service to Saratoga
residents and that the aesthetic impact would be minimal.
Martlage questioned the paint colors on the antenna and the structure.
Murakami raised questions and received confirmation that there would be no interference with radio transmission,
that additional cell sites were needed largely because of an increase in the use of phones in cars, and that application
for a site at West Valley College was a few months away.
Pierce said there was a similar configuration on Pollard Road, and the applicant confirmed that it belongs to Sprint.
He asked if co- location on this site might be a possibility, to which the applicant said that the landlord has requested
there be only one carrier.
The applicant requested that the Commission make an exception in the process for submitting building plans, as
they wished to submit before the end of the appeal period. Walgren said this might be a possibility and that a form
is available covering assumption of risk.
Cheriel Jensen, 13737 Quito Road, spoke in opposition to the project, raising issues that the Initial Study was
inaccurate and violated the City's and County's General Plan, also challenging the aesthetic and health impacts.
The applicant's representative responded that the area will be kept clean, that Cellular One is regulated by the PUC,
and that the Engineer's report is within the FCC Standards for cellular antennas.
Martlage felt the location for this utility is a logical one but that the area needs landscaping. She suggested
Planning Commission Minutes Page 5
May 13, 1998
modifications to the approval, including addition of landscaping to screen the structure, elimination of Condition #6
of the Resolution, painting of the antennas to match the tower, and painting of the structure in a light brown, with
staff's approval.
Patrick concurred that the location is reasonable, that the structure should be painted a light brown, and that the
weeds will need to be controlled.
Murakami said that the City Council has already determined that a Conditional Use Permit is appropriate for this
project, and the FCC has done the same. It is logical that the City allow this project.
Pierce did not feel the- existing tower is aesthetically pleasing, but that it is needed. Regarding color, he
recommended the applicant work with staff.
MURAKAMI /PATRICK MOVED TO ADOPT THE NEGATIVE DECLARATION AND APPROVE UP -98 -005
WITH MODIFICATIONS FOR LANDSCAPING TO SCREEN THE STRUCTURE AND REMOVAL OF
CONDITION #6 FROM THE RESOLUTION; MOTION PASSED 4/0.
DIRECTOR ITEMS
None
COMMISSION ITEMS
Murakami asked if applications had been received for the vacant position on the Planning Commission.
Walgren responded that none had been received as yet, as the vacancy had just been posted in the
Saratoga News the previous week.
2. Patrick reported she had been contacted by a resident who said she had not been noticed for the
Fitzsimmons project. Patrick assured the resident we would do our best.
COMMUNICATIONS
Written
1. City Council Minutes dated April 15 and April 21, 1998
2. Notices for Planning Commission Meeting of May 27, 1998
ADJOURNMENT TO NEXT MEETING 9:32 p.m. to Wednesday, May 27, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, April 22,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Martlage, Murakami, Pierce
Absent: Commissioners Kaplan, Siegfried
Staff: Walgren, Crowley
Pledge of Allegiance
Minutes - March 25, 1998
Page 6, paragraph 1 (Jepsen): The minutes should be amended to read "...the garage door faces the valley. " in lieu
of "... the garage door faces the street. "
APPROVED AS MODIFIED 5/0.
Oral Communications
None
Report of Posting Alzenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 17, 1998.
Technical Corrections to Packet
Walgren reported that the total square footage of the proposed structure in Item #8 (DR -97 -067, Lui) shown as 3,348
square feet, should be 3,308 square feet.
CONSENT CALENDAR
1. UP -98 -002 (APN 510 -05 -026) - McCONNELL, 19540 Saratoga -Los Gatos Road; Request for Use Permit
approval to construct a 488 sq. ft. pool house with maximum height of 12 feet in a required rear yard, 8 feet
from the rear property line of a lot in the R -1- 40,000 zoning district.
APPROVED 5/0.
2. DR -97 -063 (389 -37 -041) - CHAN, 13494 Myren Drive; Request for Design Review approval to construct a
new two story house, 2,763 sq. ft. in size, 24 feet in height, on a 8,400 sq. ft. lot in the R -1- 10,000 zoning
district, currently occupied by a single story house, 1,550 sq. ft. in size and 14 feet in height. CONTINUED AT
APPLICANT'S REQUEST FROM 3/11/98.
APPROVED 510.
Planning Commission Minutes Page 2
April 22, 1998
PUBLIC HEARINGS
3. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for Design
Review approval to construct 15 single family residences, ranging in size from 3,857 sq. ft. to 4,229 sq. ft.,
pursuant to Chapter 1.5 of the City Code. The subdivision of this property was approved by the City Planning
Commission in August 1996. The lots range in size from 15,000 sq. ft. to 21,600 sq. ft. and are located within
an R.1- 12,500 zoning district. CONTINUED AT APPLICANT'S REQUEST FROM 3/25/98.
Walgren presented the staff memorandum.
The public hearing was opened at 7:40 p.m.
Raymond Nasmeh, applicant's representative, thanked the Commissioners for their review of the plans and stated that
wood had been added to several of the designs in accordance with the Commission's request.
The public hearing was closed at 7:50 p.m.
Commissioner Murakami felt that no changes had been made to homes #4, #7, #11 and #13; that the complete look of
the whole project was the same as before; and was not able to approve the application.
Commissioner Pierce felt the project was incompatible with the neighborhood and could not support the design.
Commissioner Bernald liked homes #7 and #9, but not #13. She felt the designs might fit well in another area, but not
in Saratoga and was unable to approve the project.
Commissioner Martlage appreciated the work done by the applicant, but felt that preservation of the character of
Saratoga is critical. She concurred with the other Commissioners and could not approve the plan.
Chair Patrick felt the houses do not fit the character of this ranch style neighborhood and was not able to approve the
project. She thought the City would be better served by denying the project, as the compatibility issue is important.
BERNALD /MURAKAMI MOVED TO DENY DR -97 -057 WITHOUT PREJUDICE; MOTION PASSED 510.
4. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS, 18850 Bella Vina Court; Request for Design
Review approval to construct a new 5,163 sq. ft. two -story home on a vacant lot. The site is approximately
75,000 sq. ft. gross, 34,438 sq. ft. net (accounting for the Santa Clara Valley Water District easement). It is
accessed by a bridge across Calabazas Creek from Bella Vina Court and is located within an R -1- 40,000 zoning
district. This application was previously heard at the Planning Commission meeting of January 28, 1998, . and
the study session of February 11, 1998. The parcel is Lot 3 of the recently approved Blackwell 6 Lot
Subdivision.
Walgren presented the staff memorandum.
The public hearing was opened at 8:00 p.m.
Greg Blackwell, applicant, reported that concerns voiced by the Commission had been addressed and showed a
landscaping plan to the Commissioners. The house had been rotated 45 °; trees had been moved on the property; the
second story had been redesigned and repositioned; a detached garage and landscaping will resolve the problem of
Planning Commission Minutes Page 3
April 22, 1998
headlights shining into a neighbor's yard; and the driveway had been moved away from the neighbor's home.
John Hulme, 20964 Comer Drive, recognized that the lot is not an easy one on which to build, but he hated to see the
loss of natural screening provided by the big trees. They are interested in preserving the two major oak trees, and
their recommendation would save trees #26 and #25.
Commissioner Pierce asked Mr. Blackwell if he had tried to rotate the house in order to save tree #26; it would be a
shame to lose such a beautiful tree. The original design had preserved tree #26.
The public hearing was closed at 8:15 p.m.
Commissioner Martlage felt the revised plan is much more appealing. If the issue is the tree, it seems a shame to lose
it, when rotating the house could save it.
Commissioner Pierce felt the new design is an improvement and that tree #26 must be saved, possibly by using the
old location with the new design. Proper screening and vegetation could limit exposure to the neighbor's house.
Commissioner Bernald appreciated the changes made to the second floor. Trees #26 and #33 must be saved, and this
might be accomplished by rotating the house and going back to the other plan.
Commissioner Murakami recommended rotating the house to accommodate tree 426, which must be saved.
Chair Patrick liked the new design and would be able to approve the original plan if it were shifted slightly. Tile
Commission will need to see revised drawings. Regarding the trees, it will not take much to save #26; tree #33 is
more questionable and might not survive. Shifting the house to the southwest, modifying the northeast corner, and
reorganizing the floor plan will address the neighbor's issues and will save tree #26.
The public hearing was reopened and the item was continued at the applicant's request to 5/13/98 to modify
the plans.
5. DR -97 -064 (503 -16 -091) - POELLOT, 18860 Bella Vina Court; Request for Design Review approval to
construct a new 5,303 sq. ft. one -story home with a 546 sq. ft. detached guest cottage on a vacant lot. The site is
approximately 51,000 sq. ft. and is located within an R -1- 40,000 zoning district. The parcel is Lot 4 of the
recently approved Blackwell 6 Lot Subdivision.
Walgren presented the staff report.
The public hearing was opened at 8:20 p.m.
Louie Leu, architect, stated that Walgren's concerns had been addressed and that lie realized there would be a
considerable amount of grading.
Neighbors had no difficulty with the design but felt it is important to preserve native vegetation.
Mike Poellot, applicant, said that their plan was to preserve as much of the native vegetation as possible.
Commissioner Murakami would like to see more native varieties of trees.
Commissioner Pierce stated that Ile had spoken with Mr. Conrado, a neighbor of the project, and he approved of the
project.
Planning Commission Minutes Page 4
April 22, 1998
The public hearing was closed at 8:30 p.m.
Commissioner Bernald felt the color renderings were helpful and was thankful there were 3 gas fireplaces. She would
be able to support the project.
Commissioner .Murakami liked the design and can support the project. He was concerned about replacement trees but
appreciated the applicant's answer to his question.
Commissioner Pierce can support the project.
Chair Patrick felt that having native vegetation will help the project.
BERNALD /1VMARTLAGE MOVED TO APPROVE DR -97 -064; MOTION PASSED 510.
6. TUP -98 -001 (APN 397 -05 -096) - SAN JOSE SYMPHONY, 18450 Sobey Road; Request for Temporary
Use Permit to hold the annual Designer Home Showcase from May 9 through June 7, Tuesday through
Sunday from 10:00 AM to 4:00 PM (Thursdays until 8:00 PM). Parking for the event will be provided on an
adjacent site that the applicants state can accommodate the anticipated 100 to 150 per day visitors.
Walgren presented the staff report.
The public hearing was opened at 8:40 p.m.
Bonnie Radding, applicant's representative, recognized that the Commission is concerned about the parking lot,
stating the lot will be the only place to park and that parking will be monitored.
Commissioner . Bernald commented that the parking area had been scraped and will be rolled. She had driven by the
area and noticed 12 cars parked on the street, not in the lot, and stated that two guards would be needed, one to
monitor vehicular traffic and one to direct pedestrians. She also mentioned that the area at the entrance to the parking
lot is sloped and that soil should be built up to make this area more level near the road.
Commissioner Murakami asked how the situation would be handled if the lot were flooded or becomes muddy.
Commissioners Pierce and Martlage had no comments or questions.
Chair Patrick confirmed the volume of people expected to attend the event per day and that the parking lot will
accommodate 75 -100 cars.
Commissioner Bernald asked the cost of a shuttle for the month. Radding stated that the monthly charge would be
$18,000 and this is why it a decision was made not to provide shuttle service.
Neighbors spoke in favor of the symphony and the showcase home, but preferred using a shuttle, feeling there was a
safety concern for the children in the area. They asked that no parking be permitted on Evans Lane and that signs be
erected off both sides of Sobey Road indicating that parking there is available only for the showcase.
Mrs. Radding stated that more signs can be used to further regulate parking.
The public hearing was closed at 9:00.
Planning Commission Minutes _ Page 5
April 22, 1998
Commissioner Bernald would like to have a shuttle used for the event, and asked for discussion.
Commissioner Pierce felt a shuttle wasn't necessary. He felt that workers at the event should be required to carpool.
Commissioner Murakami concurred, feeling that the cost of a shuttle is prohibitive and recommended use of more
signs and monitors.
Chair Patrick felt the City should require "No Parking" signs along all the roads in the area and that there should be
more than two people involved in monitoring pedestrians and vehicles. She also felt that workers should park offsite.
BERNALD /MURAKAMI MOVED TO APPROVE TUP -98 -001 WITH CONDITIONS FOR SAFETY, PARKING
AND WEED ABATEMENT; MOTION PASSED 5/0.
THERE WAS A BREAK FROM 9:10 - 9:25 AT THE REQUEST OF CHAIR PATRICK.
7. V -98 -003 (517 -10 -008) - ALLEN, 14500 Oak Street; Request for Variance approval to rebuild an existing 569
sq. ft. detached garage at a height of 15 feet. Variance approval is required to allow the side yard setback to
remain at 1.5 feet. The site is 8,125 sq. ft. located within an R- 1- 10,000 zoning district. CONTINUED AT
APPLICANT'S REQUEST FROM 3/25/98.
Walgren presented the staff report.
The public hearing was opened at 9:26 p.m.
John Allen, applicant, stated that the original garage was for one vehicle and was poorly constructed; they are
interested in making the property look better.
The public hearing was closed at 9:28 p.m.
MURAKAMI /PATRICK MOVED TO APPROVE V -98 -003; MOTION PASSED 5/0.
8. DR -97 -067 (APN 386 -53 -006) - LUI, 20380 Seagull Way; Request for Design Review approval to construct
a first and second story addition totaling 1,569 sq. ft. to an existing 1,840 sq. ft. house on a 12,291 sq. ft. lot in
the R -1- 10,000 zoning district.
Walgren presented the staff report and clarified specific terms used in the report.
The public hearing was opened at 9:30 p.m.
Darrel Fazekas, architect, distributed photos showing the large tree in front of the house, also stating the size of the
balcony was 3,408 square feet and that the height of the windows had been reduced by 18 inches.
Commissioner Murakami questioned the rounded corner on the design and was told that it was meant to soften the
look of the home and provide more landscaping.
Commissioner Bernald requested clarification about the reduced height of the windows.
Planning Commission Minutes Page 6
April 22, 1998
The public hearing was closed at 9:40 p.m.
Commissioner Murakami was concerned about the rear elevation and the balconies but felt that if staff is satisfied, he
would able to approve the project.
Commissioner Bernald felt that the design of the balconies was grandiose for the neighborhood.
Commissioner Pierce felt the design is not appropriate, as the neighborhood is primarily made up of one story houses,
and he does not like the balconies.
Commissioner Martlage concurred, and also disliked the balconies.
Chair Patrick felt this area is not appropriate for a second story, that the balconies are not compatible with the
neighborhood, and that the applicants should eliminate the second story.
The public hearing was reopened and the item was continued at the applicant's request to 5/27/98 for
resubmittal of a single story design.
9. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to
construct a second story addition of 946 sq. ft. to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R-
1- 10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 21 feet, 6 inches.
CONTINUED AT APPLICANT'S REQUEST FROM 3/25/98 FOR REDESIGN.
Walgren presented the staff report.
The public hearing was opened at 9:44 p.m.
Thomas Liu, architect, showed photos of the project, stating the design had been significantly modified and included
removal of the window and balcony on the right side; the addition of a wooden lattice screen would reduce the impact
on neighbors' privacy to a minimum. The result is a home that will be more compatible with the neighborhood.
Commissioner Bernald was concerned about the need for the second story balcony and wondered if there are other
options available.
Neighbors were interested in preserving the look and feel of the neighborhood and spoke against the project, noting
that none of the improvements to other homes in the area involved a second story addition and that the privacy of the
neighbors would be impacted.
The public hearing was closed at 10:01 p.m.
Commissioner Martlage preferred the second design but was disappointed that more changes hadn't been made. She
was not able to support the project.
Commissioner Pierce said that one story homes are predominant in the neighborhood and was opposed to any second
story addition.
Commissioner Bernald liked the design but cannot support the project because of the balcony. She felt it would be
appropriate at any other location, but not in this case.
Planning Commission Minutes Page 7
April 22, 1998
Commissioner Murakami said the design was well balanced but that not enough changes were made in response to
the Commission's requests. He felt this design does not fit in and cannot support the project.
Chair Patrick concurred and appreciated the balance in the design. She felt the lot is big enough to expand and that a
second story addition is not needed.
The public hearing was reopened and the item was continued at the applicant's request to 5/27/98 for
resubmittal of a single story design.
10. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval to
construct a new 6,699 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential zoning
district.
Walgren presented the staff report.
The public hearing was opened at 10:10 p.m.
Rathin Neogy, resident, said the lot is private and doesn't interfere with others, stating he had worked with staff to
preserve existing trees and maintain required setbacks.
The public hearing was closed at 10:15 p.m.
Commissioner Murakami noted that during the Commission's site visit, the height poles were down and there was
no visual picture of the size of the house.
Commissioner Pierce felt the applicant should spray paint the corners of the project to show the size of the home.
Chair Patrick confirmed that the driveway will be made of a pervious material. She noted that there were four gas
fireplaces with gas starters, and that they would be gas - burning only, not wood. She would prefer to have no
wood - burning fireplaces, or possibly only one.
Commissioner Bernald liked the house but felt it was very large.
Chair Patrick said the Commission would need to see proper markings to determine size before they go further.
The public hearing was reopened and the item was continued at the applicant's request to 5/13/98 to better
demarcate the building footprint and to revisit the site.
11. SD -98 -003 (APN 393 -40 -020) - BOISSERANC, 13650 Saratoga - Sunnyvale Road; Request for
Subdivision approval to subdivide a 1.67 net acre parcel of land into four single - family lots. The residence
existing at the property would be relocated to one of the new lots. A new cul -de -sac would be extended from
Franklin Avenue and the lots would be accessed from that street. The proposed lots range in size from 12,500
sq. ft. to 20,000 sq. ft. The property is located in an R -1- 12,500 zoning district.
Walgren presented the staff report.
The public hearing was opened at 10:28 p.m.
Planning Commission Minutes
April 22, 1998
Warren Whaley, applicant's representative, stated they had responded to requests made of them.
Page 8
Neighbors raised concerns, citing the high level of noise, the fact that construction hours established by the City were
not being observed, and that the builder does not provide adequate cleanup after work has been done.
Commissioner Pierce asked whether there were plans for a causeway or walkway from the cul -de -sac to Saratoga -
Sunnyvale Road.
Commissioner Murakami raised the issue of the difference in height at the walkway.
The public hearing was closed at 10:40 p.m.
Commissioner Murakami appreciated the fact that neighbors had come to the meeting and felt that staff should be
able to monitor some of their concerns.
Commissioner Bernald commented on the gentle slope to the walkway and the difference in height, and wondered if
the two developers might be able to work together to deal with this issue. She can support the project.
Commissioner Pierce agreed and wants the Commission to have the opportunity to review the fence.
Commissioner Martlage concurred.
Chair Patrick would like to see the street landscaping put in as early as possible.
MURAKAMIIMARTLAGE MOVED TO APPROVE SD -98 -003; MOTION PASSED 5/0.
DIRECTOR ITEMS
UP -98 -001 - PAGE NET /WHALEN & CO. INC., 12333 Saratoga - Sunnyvale Road; Request for minor
modification of previous approval.
Walgren presented the staff memo. The modifications were accepted 510.
COMMISSION ITEMS
Appointment of new Chairperson and Vice Chairperson
BERNALD /MARTLAGE NOMINATED COMMISSIONER PIERCE AS THE NEW CHAIRPERSON FOR THE
PLANNING COMMISSION; PASSED 510.
PATRICK/MARTLAGE NOMINATED COMMISSIONER BERNALD AS THE NEW VICE - CHAIRPERSON
FOR THE PLANNING COMMISSION; PASSED 510.
Summer /vacation schedule
It was determined to cancel the second meeting in August 1998.
Planning Commission Minutes
April 22, 1998
COMMUNICATIONS
Written
City Council Minutes dated March 14, 18, 20, 24 and 27, 1998
Notices for Planning Commission Public Hearing of April 22, 1998
City Council Minutes dated April 1 and April 7, 1998
Page 9
ADJOURNMENT TO NEXT PUBLIC HEARING 11:00 p.m. to Wednesday, May 13, 1998, . Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, March 25,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce
Absent: Commissioner Siegfried
Staff: City Attorney Riback, Walgren, Crowley
Pledge of Allegiance
Minutes - March 11, 1998
Page 1 (Minutes): Voting results on approval of the minutes should read `Approved as modified 412 ( Bernald and
Kaplan abstained) " in lieu of "Approved as modified 610. "
APPROVED AS MODIFIED 6/0.
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 20, 1998. .
Technical Corrections to Packet
CONSENT CALENDAR
1. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for Design
Review approval to construct 15 single family residences, ranging in size from 3,857 sq. ft. to 4,229 sq. ft.,
pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the City Planning
Commission in August 1996. The lots range in size from 15,000 sq. ft. to 21,600 sq. ft. and are located within
an R1- 12,500 zoning district.
PIERCE /BERNALD MOVED TO CONTINUE DR -97 -057 AT THE APPLICANT'S REQUEST TO 4/8/98;
APPROVED 6/0.
2. V -98 -003 (517 -10 -008) - ALLEN, 14500 Oak Street; Request for Variance approval to rebuild an existing 569
sq. ft. detached garage at a height of 1.5 feet. Variance approval is required to allow the side yard setback to
remain at 1.5 feet. The site is 8,125 sq. ft. located within an R- 1- 10,000 zoning district.
PIERCE /BERNALD MOVED TO CONTINUE V -98 -003 AT THE APPLICANT'S REQUEST TO 4/8/98;
APPROVED 6/0.
Planning Commission Minutes
March 25, 1998
PUBLIC HEARINGS
Page 2
3. DR -97 -056 & SM -98 -002 (366 -48 -001) - GOTTIMUKKALA, 12496 Parker Ranch Court; Request for
Design Review approval to construct a new 4,509 sq. ft. two -story home on a vacant lot of the Parker Ranch
Subdivision. Site Modification is also requested to allow a pool on this lot. The site is 50,440 sq. ft. located
within an HR zoning district. CONTINUED AT APPLICANT'S REQUEST FROM 3/11/98 FOR
ADDITONAL SITE VISIT AND CLARIFICATION OF DESIGN CONCERNS.
Walgren presented the staff memorandum.
Commissioner Kaplan requested that City Attorney Riback define the normal process between the City and the
.Homeowners' Association when there is a private agreement, in terms of the City's level of responsibility.
Riback responded that the City is neither responsible for nor obligated to enforce the Codes, Covenants and Restrictions
(CC &Rs) of a Homeowners' Association.
Discussion ensued about the City and the Homeowners' Association being separate entities; decisions made by the City
do not override those in the CC &Rs, nor do actions pertaining to the CC &Rs override those of the City.
The public hearing was opened at 7:40 p.m.
Walter Chapman, architect, commented on the design of the house, stating that sinking the house into the hillside will
minimize the visual impact from offsite, and also stated that he had additional information to address other Planning
Commission concerns. Chapman asked for clarification of which party, the City or the Homeowners' Association, has
control over whether a pool is allowed on the property.
John Heindel, 12468 Parker Ranch Court, spoke on behalf of the Board of Directors of the Homeowners' Association,
stating that the CC &Rs to not allow a pool on the site, and that the only way to accomplish this would be to change the
CC &Rs to approve the granting of a pool. If the Commission approves a pool the Board of Directors will be required
to take steps to keep the pool from being built.
Commissioner Bernald asked the reason for the site having been set up not to have a pool.
Heindel responded that the restriction was imposed by the City at the time the CC &Rs were adopted.
Walter Chapman stated he would be happy to meet with the Homeowners' Association and go through their process.
The public hearing was closed at 8:00 p.m.
Commissioner Pierce felt the siting of the pool was acceptable and would defer to the Homeowners' Association with
regard to their approval to amend the CC &Rs.
Commissioner Martlage agreed the pool had been sited in the only possible place, stating an approval had already been
forwarded from the Homeowners' Association's own architectural review committee.
Commissioner Bernald felt the pool fits nicely into the home and concurred with Commissioner Pierce that the
Commission should defer to the Homeowners' Association on the issue of amending the CC &Rs.
Commissioner Murakami agreed with the siting of the pool but felt the matter of whether a pool is allowed should be
clarified before the Commission decides to approve.
Planning Commission Minutes
March 25, 1998
Commissioner Kaplan concurred.
Page 3
Chair Patrick felt the house is acceptable, but was unwilling to approve or disapprove the pool without addressing the
issues of the CC &Rs.
Commissioner Bernald felt the house was nicely sited on the knoll and would be able to approve the application.
Commissioner Murakami said he was ready to approve the application.
Commissioners Kaplan concurred and requested a condition be included to allow only one wood - burning fireplace.
Commissioner Pierce concurred.
KA.PLAN /BERNALD MOVED TO APPROVE DR -97 -056 WITH A CONDITION TO ALLOW ONLY ONE
WOOD- BURNING FIREPLACE; APPROVED 6/0.
PIERCE /BERNALD MOVED TO DENY WITHOUT PREJUDICE SM -98 -002; DENIED 6/0.
4. SD -97 -001 & V -98 -002 (APN 397 -24 -010, 038, 073, 074 & 075) - PENN BROTHERS CONSTRUCTION,
20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval to subdivide
an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres. The
site is adjacent to Wildcat Creek and is currently developed with two primary single family homes and two
independent "cottages ". One of the residences is the original "Hayfield House" designed by Julia Morgan in
1919 and is listed on the City's Heritage Resource Inventory. This structure and one of the cottages would be
retained on the proposed Lot 9, which would also include a new three -car garage for a total of 8,766 sq. ft.
Variance approval is necessary to allow the total proposed building area for Lot 9 to exceed the 7,320 sq. ft.
maximum permitted by Zoning Ordinance for a 3.08 acre parcel. The subdivision would be accessed via two cul-
de -sacs with seven of the new lots gaining access from Douglass Lane and eight from La Paloma Avenue. The
property is located within an R -1- 20,000 zoning district.
An Environmental Initial Study has been prepared for this project pursuant to the requirements of the California
Environmental Quality Act. The public comment period for the Environmental Initial Study and the Draft
Negative Declaration began on February 11, 1998, and will expire March 17, 1998. No final action may be taken
on the project until the public review process has been completed and an environmental determination has been
made. CONTINUED FROM 3/11/98 TO PREPARE DRAFT ENVIRONMENTAL NEGATIVE
DECLARATION AND APPROVAL RESOLUTION.
Walgren presented the staff memorandum and additional correspondence received from neighbors after the packet had
been distributed.
Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project.
Commissioner Kaplan initiated a discussion of the source of street names for the subdivision, agreed to by the Heritage
Preservation Commission.
Chair Patrick asked about the statement that the resolution reflect the agreement of the neighborhood. She raised the
question of the City enforcing conditions that should be enforced by property owners.
The public hearing was opened at 8:19 p.m.
Planning Commission Minutes Page 4
March 25, 1998
Chuck Bommarito, representing Pinn Brothers, gave an overview of the project to date and was available to respond to
questions of the Commissioners.
Neighbors expressed their willingness to work with Pinn Brothers but were concerned about visibility, bulk and height
of the houses, setbacks, tree preservation, fencing, gating, and the pedestrian and bicycle path.
Chuck Bommarito requested the condition that front yard landscaping be installed prior to final inspection be
eliminated, as he felt homeowners should have the ability to be involved in their own landscape design.
The public hearing was closed at 9:05 p.m.
THERE WAS A BREAK FROM 9:06 - 9:18 AT THE REQUEST OF CHAIR PATRICK.
Commissioner Pierce was opposed to installing operational gates but was agreeable to "faux" gates that would remain
open at all times. He would be able to support the project.
Commissioners Bernald and Murakami were in agreement.
Commissioner Kaplan requested further clarification of item #13 of the CC &Rs and was concerned about the amount
of street traffic.
Chair Patrick was opposed to the use of gates; she would like to see landscaping plans, and specific plans for each
house.
KAPLAN /BERNALD MOVED TO APPROVE THE NEGATIVE DECLARATION; APPROVED 510.
KAPLAN /BERNALD MOVED TO APPROVE SD -97 -001 AND V -98 -002; APPROVED 5/0.
5. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to
construct a second story addition of 952 sq. ft. to an existing 2,396 sq. ft. house on an 11,900 sq. ft. lot in the R -1-
10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 21 feet, 6 inches.
Walgren presented the staff report.
The public hearing was opened at 9:35 p.m.
Thomas Liu, designer /architect, said he had worked with staff to respond to questions from the Planning
Commission.
Neighbors felt that the second story addition with its balcony would intrude on neighbors' privacy and that the tile
roof was out of character for the neighborhood.
The public hearing was closed at 9:51 p.m.
Commissioner Martlage found the neighborhood attractive and felt the second floor balcony and bedroom are
intrusive; if they were removed, the plan would fit better.
Planning Commission Minutes Page 5
March 25, 1998
Commissioner Pierce agreed that this is a nice neighborhood and was comprised of one story, shake roof type
houses, for the most part. He was not able to support a second story addition in this neighborhood.
Commissioner :Bernald agreed and felt the balcony and the north - facing window should be removed, also that the
the roof should be changed. She could not support the project.
Commissioner Murakami said the architect had done a good job and had no objection to the siting. He was bothered
by the privacy issue and felt he could support the project if one room and the balcony were removed, and if a shake
roof were used instead of tile.
Commissioner Kaplan felt that a two story home is acceptable, but that there are privacy issues with this house. She
liked the design and would be able to approve the application with modifications.
Chair Patrick felt that a second story is acceptable and said she liked the design, but that this configuration would
intrude on neighbors' privacy, also that the roof doesn't fit in the neighborhood. If the balcony and the third
bedroom were removed and the roof changed, she would be able to approve.
The public hearing was reopened and the item was continued at the applicant's request to 4/22/98 for
redesign.
6. DR -97 -062 (503 -75 -010) - JEPSEN, 21756 Congress Hall Lane; Request for Design Review approval to
construct a new 5,155 sq. ft. two -story home on a vacant lot. The site is approximately 3 acres, located within the
Hillside Residential zoning district.
Walgren presented the staff report.
The public hearing was opened at 10:08 p.m.
Park Miller, architect, explained the reasons for siting of the house and how their design softens the aspects of massing
of the house.
A neighbor expressed his concerns about the project, including blocking of their views, orientation of the house,
placement of the driveway, and that the house is incompatible with the neighborhood.
The public hearing was closed at 10:32 p.m.
Commissioner Murakami liked the design and asked whether it was possible to modify the garage.
Commissioner Kaplan said the house is located in a lovely area; she felt there should be less driveway and that the
house should be in a different location. She could not approve the application.
Commissioner Murakami liked the step down of the house but was concerned about the driveway. He understood the
constraints on the lot and that the design had to be one that would please everyone, but Ile would be unable to approve
as the house is designed currently.
Commissioner Bernald said the house appears to be a three story residence and she could not approve.
Commissioner Pierce felt the applicant should look at alternatives for moving the driveway and garage, if possible. He
would not be able to approve.
Planning Commission Minutes
March 25, 1998
Page 6
Commissioner Martlage concurred. She said the setbacks are per the City ordinance but did not like the length of the
driveway and the fact that the garage door faces the valley.
Chair Patrick liked the design of the house but was concerned with the amount of paving and the three -story approach.
She suggested scheduling a meeting with the applicant in a study session to look at other options.
The public hearing was reopened and the item was continued at the applicant's request to the 4/22/98 Study
Session to review design alternatives.
DIRECTOR ITEMS
l . Planning Commission Retreat
Walgren reported that three of the Commissioners were unable to attend the Planning Commission Retreat originally
scheduled for April 3. Following discussion of available options, the Retreat was rescheduled for April 1.7.
2. New Assistant Planner
Walgren announced that a new Assistant Planner, Christina Ratcliffe, had been hired to replace Carol Deming.
Christina will be introduced at the next meeting of the Planning Commission.
COMMISSION ITEMS
Commissioner Murakami stated he had received information about an architects' refresher course and
wondered if the other Commissioners might be interested in attending the class.
2. A discussion was held regarding the Planning Commissioners' anticipated vacation schedules, and whether
the Commission should consider having substitute Commissioners available in order to maintain a quorum
at the public hearings.
COMMUNICATIONS
Written
1. City Council Minutes dated March 4, 1998
2. Notices for Planning Commission Meeting of April 8, 1998
ADJOURNMENT - 11:00 p.m. to Wednesday, April 8, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, March 11, 1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce
Absent: Commissioner Siegfried
Staff. Walgren, Crowley
Pledge of Allegiance
Minutes - February 25, 1998
Page 2, bottom line (Pinn Brothers Construction): The minutes should be amended to read "...as she is a
neighbor... " in lieu of "...as she was a neighbor.... "
Page 5, paragraph 8 (Persson): The voting result was omitted from the minutes and should be shown as
"Approved 311 (Patrick opposed). "
APPROVED AS MODIFIED 4/2 (BERNALD AND KAPLAN ABSTAINED)..
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 6, 1998.
Technical Corrections to Packet
CONSENT CALENDAR
1. UP -98 -001 (366 -12 -054) - DANIELS /PAGE NET, 12333 Saratoga - Sunnyvale Road; Request
for Use Permit approval to mount two 14 ft. antennas to an existing 40 ft. tower for a total
combined height of 50 feet. Equipment will be located in an existing building at the base of the
tower. The site is 44,330 sq. ft. located within a Commercial Visitor zoning district.
Walgren presented the staff report.
KAPLAN /PATRICK MOVED TO APPROVE UP -98 -001; APPROVED 6/0.
Planning Commission Minutes
March 11, 1998
PUBLIC HEARINGS
Page 2
2. SD -97 -001 (APN 397 -24 -010, 038, 073, 074 & 075) - PINN BROTHERS CONSTRUCTION,
20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval
to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from
21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with
two primary single family homes and two independent "cottages ". One of the residences is the
original "Hayfield House" designed by Julia Morgan in 1919 and is listed on the City's Heritage
Resource Inventory - this structure would be retained while the other three structures are proposed
to be removed. The subdivision would be accessed via two cul -de -sacs with seven of the new lots
gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located
within an R -1- 20,000 zoning district.
An Environmental Initial Study has been prepared for this project pursuant to the requirements of
the California Environmental Quality Act. The public comment period for the Environmental
Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire
March 17, 1998. No final action may be taken on the project until the public review process has
been completed and an environmental determination has been made.
Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project.
Walgren presented the staff memorandum.
The public hearing was opened at 7:50 p.m.
Allan Piton, developer, stated that he had met with neighbors to address their concerns, including drainage,
traffic, preservation of oak trees, historical preservation of the cottage, siting and orientation of the houses,
and preservation of the rural aesthetic.
Neighbors expressed their appreciation that the developer had worked with them to address their concerns
about design, construction hours and tree preservation.
The public hearing was closed at 8:15 p.m.
Commissioner Kaplan stated that the streets located inside a gated entry would be considered private streets
and, as such, would be maintained by property owners.
Commissioner Pierce commented there would be no public access to the private streets, but that there
would be pedestrian and bicycle access.
Discussion ensued relative to the ability of the City to enforce an item in the CC &Rs that would require
property owners to maintain and keep vineyards, and whether we can require a homeowner to maintain a
certain type of landscaping.
Planning Commission Minutes Page 3
March 11, 1998
The Commissioners were in agreement that there should be no entry gates to the property, and were
pleased with the cooperation between neighbors and the developer.
The public hearing was reopened and the item was continued to 3/25/98 for Draft Environmental
Negative Declaration and Approval Resolution.
3. DR -97 -056 & SM -98 -002 (366 -48 -001) - GOTTIMUKKALA, 12496 Parker Ranch Court;
Request for Design Review approval to construct a new 4,509 sq. ft. two -story home on a vacant lot
of the Parker Ranch Subdivision. Site Modification is also requested to allow a pool on this lot.
The site is 50,440 sq. ft. located within an HR zoning district.
Walgren presented the staff report.
The public hearing was opened at 8:35 p.m.
Walter Chapman, architect, said he had met with staff and had taken their concerns into consideration
regarding placement of the home.
The public hearing was closed at 8:38 p.m.
Commissioner Murakami understood the restriction on the building pad, as there would be a considerable
amount of cut and fill. He suggested the outline of the retaining walls be sprayed with paint to give a
clearer representation of the amount of earth to be moved. He felt the architect had done a good job.
Commissioners Bemald, Pierce and Martlage concurred.
Conunissioner Kaplan recalled that the house is not being stepped into the hill, but is going out from the
hill. She also felt the size of the house should be discussed.
Chair Patrick was concerned about the amount of cut and felt the house was not well stepped, that it is
prominent, will be visible, and is too large.
The public hearing was reopened at 8:48 p.m. to allow the designer to clarify the Commission's
questions.
Walter Chapman used the overhead projector to illustrate how the house follows the contour of the hillside.
Commissioner Kaplan felt that the second story, at 2,400 square feet, is overly large when placed over the
first story, which is 1,500 square feet, and wondered if the size of the second story could be reduced.
Commissioner Murakami felt the Commissioners should look at the site again to get a better understanding
of how the house will fit with the hillside.
The Commissioners concurred that an additional site visit would be helpful in clarifying their questions..
Planning Commission Minutes
March 11, 1998
The public hearing was closed at 8:58 p.m.
Page 4
The public hearing was re- opened and the item was continued at the applicant's request to 3/25/98
for an additional site visit and clarification of design concerns.
THERE WAS A BREAK FROM 9:00 TO 9:10 AT THE REQUEST OF CHAIR PATRICK.
4. DR -97 -063 (389 -37 -041) - CHAN, 13494 Myren Drive; Request for Design Review approval to
construct a new two story house, 2,763 sq. ft. in size, 24 feet in height, on a 8,400 sq. ft. lot in the
R -1- 10,000 zoning district, currently occupied by a single story house, 1,550 sq. ft. in size and 14
feet in height.
Walgren presented the staff report and introduced material received after the packet had been distributed.
The public hearing was opened at 9:12 p.m.
Kong Chan, applicant, stated that the majority of his neighbors supported the project. The neighborhood is
an older one, and he feels it will be improved by building this home.
Neighbors spoke both in support of and in opposition to the project. Those who opposed felt the house was
too big and obstructed their views, and that a two story home was not compatible with the neighborhood.
The public hearing was closed at 9:43 p.m.
Commissioner Kaplan felt that while upgrading and improving is good, a two story house is not the
answer. One two story home next to another would create a wall effect.
Commissioner Martlage concurred that a wall will be created with a second two -story house and that a
single story home is more appropriate.
Commissioner Pierce felt that it is good to improve the neighborhood; however, the design is bulky and has
large windows on the second floor. It is not appropriate to the area.
Commissioner Bernald felt the house is not compatible in bulk and height, as the neighborhood is made up
primarily of ranch style homes.
Commissioner Murakarni was not opposed to a two -story house, but wants to avoid putting several two -
story homes in a row. He felt the neighborhood is in transition and that there is sufficient room on the lot
for a single story home.
Chair Patrick concurred that this design is not compatible with the neighborhood and that she would like to
see more wood.
Planning Commission Minutes Page 5
March 11, 1998
The public hearing was reopened and the item was continued at the applicant's request to 4/8/98 for
redesign.
5. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Rd; Request
for Design Review approval to construct 15 single family residences, ranging in size from 3,857
sq. ft. to 4,229 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property
was approved by the City Planning Commission in August 1996. The lots range in size from
15,000 sq. ft. to 21,600 sq. ft. and are located within an R1- 12,500 zoning district.
Walgren presented the staff report.
The public hearing was opened at 10:00 p.m.
Raymond Nasmeh, developer, stated that he had been worked with staff, the neighborhood, and the school
district on this project. He displayed artist renderings of the designs for the 15 homes proposed, and
described features of each home. The Commissioners commented on these and compared them to the
plans they had originally received, reviewing each design on an individual basis.
Neighbors said that Navico had worked well with neighbors, that they had no objection to the development
and felt it will add to the community.
The public hearing was closed at 11:05 p.m.
Commissioner Bernald was happy the developer had worked with the neighbors. She liked the cleanliness,
crispness and professionalism of the designs, but would like to more wood used on the homes.
Commissioner Murakami liked the designs and the fact that Navico had worked with the neighbors. He
felt the fences should be wood, not stone, and that an effort should be made to break up the surface
appearance of the homes so they have a different appearance from one another.
Cormnissioner Pierce liked the designs and felt that more wood would be a better transition from existing
neighborhoods to their development.
Commissioner Martlage appreciated all the effort they have taken. She felt that some of the lots with two -
story homes proposed are big enough that a single story design might be better. She would like to ask the
architect for more attention to detail.
Commissioner Kaplan felt it is an interesting project.
Chair Patrick felt the designs are attractive, but not reflective of the neighborhood. She would like to see
more wood and changes in some of the driveways and felt the application should be brought back for
clarity.
Planning Commission Minutes
March 11, 1998
Page 6
The public hearing was reopened and the item was continued at the applicant's request to 3/25/98
for redesign.
DIRECTOR ITEMS
COMMISSION ITEMS
1. Commissioner Bernald stated that the Planners Institute sponsored by the League of California
Cities was informative and beneficial.
2. There was a discussion regarding the lighting system in the theater and that it is difficult to
concentrate fiilly with the brightness of the camera lights. Walgren stated the City will work
with the drama group to upgrade the lighting system, suggesting that one option might be to put a
diffuser on the existing lights so that the effect is less harsh.
COMMUNICATIONS
Written
1. City Council Minutes dated February 18 and February 24, 1998
2. Notices for Planning Commission Meeting of March 25, 1998
ADJOURNMENT - 11:30 p.m. to Wednesday, March 25, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, February 25,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Martlage, Murakami, Pierce
Absent: Commissioners Bernald, Kaplan, Siegfried
Staff. Walgren, Crowley
Pledge of Allegiance
Minutes - February 11, 1998
APPROVED 4/0.
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 20,
1998.
Technical Corrections to Packet
CONSENT CALENDAR
1. DR -96 -054 & V -96 -018; ADAMS, 14701 Ambric Knolls Road; Request for Design Review
approval to construct a 4,753 sq. ft. two -story residence on a vacant 1.58 acre parcel located at the
corner of Congress Springs Road and Ambric Knolls Road and adjacent to the Saratoga Creek.
Variance approval is necessary to allow the structure to encroach into required setbacks and to be
built on a slope of greater than 30 percent. The property is located in an R -1- 40,000 zoning district.
CONTINUED FROM 2/11/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS.
MURAKAMI /PATRICK MOVED TO ADOPT DENIAL RESOLUTIONS DR -96 -054 & V -96-
018; DENIAL RESOLUTIONS ADOPTED 4/0.
PUBLIC HEARINGS
2. DR -97 -021 & V -97 -005 (APN 503 -15 -042) - MARCINCOWSKI /BREGANTE; 21143
,_Chadwick Court; Request for Design Review approval to construct a new 5,046 sq. ft. two -story
residence and Variance approval to construct the residence on a slope of greater than 30 percent
pursuant to Chapter 15 of the City Code. The parcel is 2.3 acres in size, located in an HR zoning
district. CONTINUED FROM 1/14/98 FOR RE- DESIGN.
Planning Commission Action Minut,- Page 2
February 25, 1998
Walgren presented the staff memorandum recommending approval of the project.
The public hearing was opened at 7:40 p.m.
Lou Basile, builder, highlighted extensive changes made to the plan.
Chair Patrick and Commissioners Murakami and Pierce each stated they had met with Mr. Basile regarding
the re- design.
Luanne Nieman, 13217 Padero Court, expressed concern regarding drainage problems on the property.
The public hearing was closed at 7:45 p.m.
Commissioner Murakari was satisfied with the modifications made and believed the issue of drainage had
been addressed previously.
Commissioner Pierce felt the design changes made as a result of the several hearings held on the project
were an improvement and was pleased the building has been further reduced in size and footprint.
Commissioner Martlage concurred and appreciated the effort to redesign.
Chair Patrick also concurred and felt the drainage system improvements required as part of the project
approval will alleviate the concerns regarding water runoff.
PIERCE /MURAKAMI MOVED TO APPROVE DR- 97 -0 -21 & V -97 -005; APPROVED 4/0.
3. SD -97 -012 (APN 397 -24 -010, 038, 073, 074 & 075) - PINN BROTHERS CONSTRUCTION,
20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval
to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from
21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with
two primary single family homes and two independent "cottages ". One of the residences is the
original "Hayfield House" designed by Julia Morgan in 1919 and is listed on the City's Heritage
Resource Inventory - this structure would be retained while the other three structures are proposed
to be removed. The subdivision would be accessed via two cul -de -sacs with seven of the new lots
gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located
within an R -1- 20,000 zoning district.
An Environmental Initial Study has been prepared for this project pursuant to the requirements of
the California Environmental Quality Act. The public comment period for the Environmental
Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire
March 17, 1998. No final action may be taken on the project until the public review process has
been completed and an environmental deterniination has been made.
Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project.
Planning Commission Action Minut,.._ Page 3
February 25, 1998
Based on lack of a quorum, the public hearing could not be opened and the Planning Commission could
not deliberate on the application in its entirety. The item was continued to March 11, the next available
public hearing.
The public was invited to speak on the Environmental Initial Study.
Neighbors spoke in support of the project and said they have worked with the developer in an effort to
come to agreement on important issues including design, tree preservation and general traffic concerns.
They requested the agreed -upon issues be incorporated into the Tentative Map and conditions of approval.
There was a break from 8:30 to 8:40 at the request of Chair Patrick.
4. DR -96 -030 (APN 397 -03 -082) - HONG, 14427 Emerald Hill Court; Request for Design Review
approval to construct a 5,220 sq. ft. two -story home on a currently vacant parcel. The lot is 40,219
net sq. ft. and is located in an R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 8:45 p.m.
Darrell Fazekas, applicant's architect, agreed with staff recommendations.
Neighbors supported the project, but expressed concern about placement of the house on the site, and
privacy, grading and drainage on the property.
The public hearing was closed at 8:53 p.m.
Commissioner Martlage wondered if the house could be turned.
Walgren stated that in order to turn the house, the plans would need to be re- designed, not just shifted, and
may result in increased grading quantities.
Commissioner Murakami said the home matches the neighborhood, that the neighbors' concerns can be
worked out with staff, and that drainage issues will be addressed.
Commissioner Pierce was not convinced the house could be turned and felt that modification of the second
floor windows and proper planting would address the privacy issue. He liked the design and could support
the project.
Chair Patrick concurred that moving the house would cause more grading problems. She could approve
the project based on receipt of final grading and drainage plans by the appropriate engineer.
MURAKAMI/PIERCE MOVED TO APPROVE DR -96 -030 WITH CONDITIONS REGARDING
LANDSCAPING AND WINDOW PLACEMENT, AND A CERTIFIED ENGINEER'S REPORT
Planning Commission Action Minut,-_-
February 25, 1998
TO BE PROVIDED; APPROVED 4/0.
Page 4
5. DR -97 -058 (APN 397 -18 -065) - CARTER, 14810 Farwell Avenue; Request for Design
Review approval to construct a new single story house, 4,517 square feet in size, 23 feet in height,
on a 1.002 acre lot in the R -1- 40,000 zoning district, currently occupied by a single story 3,256
square foot house, 17 feet in height and a 562 square foot guest house /carport, 10 feet in height.
Walgren presented the staff report.
The public hearing was opened at 9:01 p.m.
There were no comments from the applicant or the public on the application.
The public hearing was closed at 9:02 p.m.
Commissioner Pierce liked the size of the home and felt it was not overwhelming.
Commissioner Murakan-ii liked the design.
Conunissioner Martlage felt it would be better if the column at the rear of the house were straight, not
curved, and she did not like the fact that the garage faces the street.
Chair Patrick did not like the design and felt there was too much lot coverage.
PIERCEIMURAKAMI MOVED TO APPROVE DR -97 -058; APPROVED 3/1 (PATRICK
OPPOSED).
6. DR -97 -053 and V -97 -011 (APN 503- 55 -53) - PERSSON, 21194 Haymeadow Drive; Request
for Building Site approval, Design Review approval, and Variance approval to construct a new
4,047 square foot house, 25 feet in height, on a vacant 1.002 acre lot in the R -1- 40,000 zoning
district. Applicant requests Variance approval in order to adhere to that zoning district's standard
front yard setback, rather than the percentage based setbacks prescribed for all vacant lots.
Applicant also requests Design Review exception to permit construction of garage with 7 foot, 6
inch ttnderfloor clearance, in exceedance of city limitation of 5 feet, and Floor Area exception to
waive required floor area reduction for houses in excess of 18 feet in height.
Walgren presented the staff report and addressed additional information documented by staff following a
site visit.
The public hearing was opened at 9:10 p.m.
Russ Dotter, applicant's architect, explained their efforts to maintain existing oak trees and to work with
the site.
Richard Weiser, 21216 Haymeadow Drive, commented that this is a difficult site on which to build, and
Planning Commission Action Minute Page 5
February 25, 1998
was concerned with the project's conformance with City codes, the fact that his view would be obscured,
the large number of windows in the home, tree preservation and diverting water off the property.
Philip Liu, 21197 Haymeadow Drive, said the roof line appears to be over the neighbor's property, and was
concerned about traffic problems, as the cul -de -sac is shared by five neighbors and no additional parking
spaces are available.
The public hearing was closed at 9:35 p.m.
Conunissioner Murakami requested that staff comment on Mr. Weiser's concerns about the code. He
visited the site as well as the Weiser home, and felt the design is good and the home is stepped down
nicely. He would be able to support the application.
Commissioner Pierce agreed that parking would be limited and suggested the contractor bring people up to
the site in a group if it becomes a problem. He also visited the site and the Weiser home and understands
the neighbors' concerns, as they will lose their view. Pierce likes the design and can support the
application.
Conunissioner Martlage was troubled by the exception to the floor area and felt the home is too large. She
cannot support the application.
Chair Patrick felt the step -down design of the home adapts well to the hillside and that the home is a good
addition to the neighborhood; she would be able to approve the application. The loss of the neighbors'
view is regrettable but unavoidable.
PIERCE/MURAKAMI MOVED TO APPROVE DR -97 -053 AND V -97 -011 WITH A
CONSTRAINT ON CONSTRUCTION HOURS AND THAT CONSTRUCTION VEHICLES AT
THE SITE BE MINIMIZED TO THE EXTENT FEASIBLE; APPROVED 311 (PATRICK
OPPOSED).
DIRECTOR ITEMS
1. Walgren stated that he had distributed to each Commissioner for their information, a process
manual for Code Enforcement.
COMMISSION ITEMS
COMMUNICATIONS
W ri ttnn
City Council Minutes dated February 4 and February 10, 1998
Notices for Planning Commission Meeting of March 11, 1998
ADJOURNMENT - 10:00 p.m. to Wednesday, March 11, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, February 11, 1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Ber nald, Kaplan, Martlage, Murakami, Pierce
Absent: Commissioner Siegfried
Staff. City Attorney Riback, Walgren, Crowley
Pledge of Allegiance
Minutes - January 28, 1998
Page 4, paragraph 2 (Nextel Communications /Turkus): Commissioner Bernald requested the minutes be
amended to read that this statement was made by Vic Monia, not by Commissioner Pierce.
APPROVED AS MODIFIED 4/0; Kaplan and Murakami abstained.
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 6,
1998.
Technical Corrections to Packet
CONSENT CALENDAR
PUBLIC HEARINGS
1. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION, 14168 Taos Court;
Request for Design Review approval to construct a 5,521 sq. ft. one -story home at 20 feet in height.
The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district. CONTINUED
FROM 1/28/98 REGULAR PUBLIC HEARING MEETING.
Walgren presented the staff memo.
The public hearing was opened at 7:37 p.m.
Chuck Bommarito, applicant's representative, stated the size of the home had been reduced and presented a
letter from John Teter giving his approval of the mitigations done on the plan.
Planning Commission Minutes Page 2
February 11, 1998
Amlette Woolsey, 19952 Durham Court, commented that while the height of the house is acceptable, the
square footage is too large to be compatible; the house will look very large.
The public hearing was closed at 7:43 p.m.
Commissioner Murakami did not like the design, but felt the applicant met all of staff s requirements.
Commissioner Bernald appreciated the change in the square footage and the closed garage; she was
concerned that, with the guest room being removed, there was no ready access to a bathroom from a pool
that may go in. She would be able to approve the application.
Commissioners Kaplan and Pierce concurred.
Commissioner Martlage said the house doesn't comply with the City Council directive to make it
compatible with the rest of the neighborhood in terms of bulk and size.
Chair Patrick did not like the design and said it would still be a long, big house and that she would be
unable to approve the application.
BERNALD /PIERCE MOVED TO APPROVE DR -97 -012; DENIED ON A SECOND FAILED
MOTION; SPLIT 3/3 (MARTLAGE, MURAKAMI AND PATRICK OPPOSED).
2. DR -96 -054 & V -96 -018; ADAMS, 14701 Ambric Knolls Road; Request for Design Review
approval to construct a 4,753 sq. ft. two -story residence on a vacant 1.58 acre parcel located at the
corner of Congress Springs Road and Ambric Knolls Road and adjacent to the Saratoga Creek.
Variance approval is necessary to allow the structure to encroach into required setbacks and to be
built on a slope of greater than 30 percent. The property is located in an R -1- 40,000 zoning district.
A draft environmental Initial Study has been prepared pursuant to the requirements of CEQA.
CONTINUED FROM 1/28/98 ADJOURNED STUDY SESSION MEETING.
Walgren presented the staff memo.
The public hearing was opened at 7:55 p.m.
Scott Troyer, applicant's representative, requested a study session to speak about architectural issues and
get a better feel of what changes might be considered acceptable. He was told that the Commission needs
to deal with the Negative Declaration before they can deal with architectural issues.
Chair Patrick said that based on what the Commission has heard, mitigation measures haven't been
completed and that having this application before them at this time might be premature. She said that, if a
continuance was requested and approved, the applicant will need to present mitigation measures at the
March 25 meeting.
Commissioner Pierce felt a continuance was reasonable but said the Negative Declaration issues must be
dealt with first, before worrying about architecture.
Planning Commission Minutes Page 3
February 11, 1998
Commissioner Kaplan felt that based on the inability of the applicant to provide a specific plan for
mitigation, she could not support a continuance.
PIERCE MOVED TO CONTINUE DR -96 -054 AND V -96 -018 AT THE REQUEST OF THE
APPLICANT; THE MOTION DIED FOR LACK OF A SECOND.
Allen Adams, applicant, said that if the home can be built on the site and if all conditions are satisfied, the
property owner should not be denied the right to build.
Attorney Riback clarified that if the Planning Commission votes to deny this application, it doesn't mean
that nothing can be built on the site. The issues raised are for this particular design.
Pane Wild, 14665 Ambric Knolls, asked if there was a way to make sure that work on landslide repair and
retaining walls was completed and not stopped in progress.
The public hearing was closed at 8:10 p.m.
Commissioner Murakami said he was concerned that the configuration of the driveway is a safety issue
and that he could not support this application.
Commissioner Bernald felt the house is too massive for the site and appears to be a three story building.
She was concerned that the house does not fit the lot and there are too many collective problems.
Commissioner Kaplan felt that no mitigation measures have been addressed.
Conunissioner Pierce said he moved for the continuance because he felt the applicant has made a good
faith effort to do what might be impossible and was willing to listen to a proposal to deal with mitigation
issues; design issues, however, should not be addressed yet.
Commissioner Martlage felt the house was not compatible with the site and that it did not satisfy the
issues in the Enviromnental Impact Report.
Chair Patrick was concerned that this is the fourth hearing of this application and that no attempt has been
made to satisfy the issues raised. She was surprised at the request for a continuance at this late date and
cannot support the application.
BERNALD /KAPLAN MOVED TO DENY DR -96 -054; DENIED 6/0.
BERNALD /KAPLAN MOVED TO DENY V -96 -018; DENIED 6/0.
3. DR -97 -065 (397 -08 -026) - KRIENS, 18974 Monte Vista Drive; Request for Design Review
approval to construct a new 1,228 sq. ft. accessory structure to the rear of the residence.
Demolition of an existing home and the construction of a new one -story residence have already
been approved on this lot. The site is 61,790 sq. ft. located within the R -1- 40,000 zoning district.
Planning Commission Minutes Page 4
February 11, 1998
Walgren presented the staff report.
Commissioner Murakami asked if the 12 foot height limit is feasible or if it should be raised.
The public hearing was opened at 8:31 p.m.
Neighbors attended the meeting with concerns about height and drainage.
Commissioner Kaplan said that if the applicant were to submit an application for a pool in the future, the
Commission would have no control, and she felt that was important for tree protection.
Bernald said the applicants appear to have dug out for a pool.
Commissioner Martlage had no comments.
Commissioner Bernald said the driveway circles around into the garage rather than going directly into
the garage. She felt this affects an existing oak tree and would rather see a re- design.
Commissioner Kaplan felt that the pool should go in while there is still access and drainage can be
addressed. She was not convinced that the building is suitable as a pool house. From the initial arborist
report, trees would be in danger.
Walgren said the access is along the driveway between the existing home and the second structure.
Commissioner Murakami was bothered by the height, given the additional height of accessory
structures, and cannot approve the application.
Chair Patrick said the house is spread out; she felt the accessory structure looks more like a rental unit
and felt the drainage issue should be handled.
Commissioner Pierce said that the code does allow a height of 15 feet, and felt all improvements must be
entirely under the drip line of the oak tree.
KAPLAN /MARTLAGE MOVED TO DENY DR -97 -065; DENIED 511 (PIERCE OPPOSED).
DIRECTOR ITEMS
1. Review of Current Commission Application Forms
The Commission agreed that these forms have been obsolete for some time, also suggested the forms be
shorter. Commissioner Kaplan provided a memorandum with her recommendations for changes.
2. February 24, 1998 Adjourned CC /PC /HPC Joint Meeting
- -i
Planning Commission Minutes Page 5
February 11, 1998
Commissioner Bernald said she will be unable to attend this joint meeting.
The Commission discussed items to be addressed including Measure G, update of the inventory list for
Heritage Preservation Commission, and cable TV broadcast of the Planning Commission meetings.
3. Cable Television Broadcast Update
A discussion was held regarding the original plan to move the site where the Council and Commission
meetings are held.
Chair Patrick and Commissioner Kaplan felt the lighting required to broadcast is disconcerting.
4. Mountain Winery
Walgren reported that the County is moving to legalize use of the Mountain Winery and to apply
parameters, also to increase the amount of seating.
5. Roofing Requirements
Walgren said that the Public Safety Commission is encouraging the requirement of Class A roofing
throughout Saratoga.
6. Citywide Reorganization
Walgren reported that the second phase of the reorganization had been accepted by the Council.
COMMISSION ITEMS
COMMUNICATIONS
Written
City Council Minutes dated January 21 and January 27, 1998
Notices for Planning Commission Meeting of February 25, 1998
ADJOURNMENT - 9:02 p.m. to Wednesday, February 25, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, January 28,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Martlage, Pierce
Absent: Commissioners Kaplan, Murakami, Siegfried
Staff. City Attorney Faubion, Walgren, Crowley
Pledge of Allegiance
Minutes - January 14, 1998
Page 2 (Bregante), Commissioner Bernald requested the minutes be amended to read "Commissioner
Bernald was also concerned about the size of the house, " not "the granting o f a variance. "
Page 3 (Pine Brothers Construction), Commissioner Bernald requested the minutes be amended to read
"Commissioner Bernald said that although the site has a different flavor, from the neighbors, the proposed
home did not comply with the restrictions placed on the lot in the Resolution, " not that "Commissioner
Bernald felt that home brings a different flavor to the neighborhood. "
APPROVED AS CORRECTED 4/0.
Oral Communications
Richard Carlson, 13971 Pike Road, reported that PG &E is upgrading their power pole to provide more
power to new residents, resulting in obstruction of his views; he asked if any recourse is available..
Walgren responded that public utilities are not subject to Planning Commission or City Council review and
approval, particularly public utility upgrades to existing facilities. This body governs new construction
related to utilities, with the requirement that new construction must underground their utilities. Existing
utilities and upgrades of utilities are not subject to the Planning Commission's review or approval.
Walgren suggested that Mr. Carlson work with PG &E and, if that is not satisfactory, to meet with the
representatives of the Public Utilities Commission.
Chair Patrick suggested Mr. Carlson follow staff's recommendations.
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 23,
1998.
Technical Corrections to Packet
00
Planning Commission Minutes Page 2
January 28, 1998
Walgren reported that a letter was received from Chuck Bommarito, representative of Pinn Brothers
Construction, requesting that Item 2 be postponed until the February 11 public hearing. This item was
heard at our last public hearing and resulted in a 3/3 tie vote. Tie votes are automatically continued to the
next available meeting for a re -vote; a second tie vote would be a denial. The applicants have chosen to
postpone the item in order to give them time to revise the plans, which will be presented at the February 11
public hearing. This is the first applicant's request for a continuance, so policy is that it is automatic, not
subject to a vote, and no continuance fee is collected. Any additional continuances would result in
collection of a fee, and the item would be subject to a Commission vote and approval.
CONSENT CALENDAR
PUBLIC HEARINGS
1. UP -97 -010 (APN 389 -19 -031) - NEXTEL COMMUNICATIONS/TURKUS, Southwest
Corner of Sousa Lane and Quito Road; Request for Use Permit approval to construct 70 foot tall
monopole personal communications services antennae which would replace an existing PG & E
pole on the lot at the southwest corner of Sousa Lane and Quito Road adjacent to Highway 85.
(CONTINUED FROM 12/10/97)
Walgren presented the staff memo.
The pubic hearing was opened at 7:55 p.m.
Commissioner Bemald stated that she had spoken with Dave Hardy at the counter on Tuesday, January 20.
Dave Hardy, applicant's representative, confinued his meeting with Commissioner Bernald, the purpose of
which was to be sure he would be providing the kind of information the Commission was requesting. He
discussed the advantage of the tree pole, urging approval of the project as submitted by Nextel.
Conunissioner Pierce asked whether eliminating the six antennas and putting them in the tree pole, if
approved, will still leave a telephone pole on the property, and was told a telephone pole will remain.
Commissioner Pierce confirmed there would then be two boxes.
Chair Patrick asked what will happen in the future relating to technology, and was told the main changes
will be in the electronic equipment, that it will get smaller.
Commissioner Bernald asked why their pole would be too tall if they used the alternate site of the PG &E
pole. Hardy said that being too high on the pole can cause the signal to overshoot the area instead of
focusing on calls in the local area. Commissioner Bernald asked if this situation could be engineered.
Hardy said the way to engineer it is to go above the wires or below the wires.
Commissioner Martlage said that her understanding is that Nextel's proposal still calls for the equipment
building to be 10' by 20'.
Neighbors were present and expressed their objections and concerns about this project, including the
Plamling Commission Minutes -
January 28, 1998
Page 3
location and size of the equipment, maintenance of the property, lack of installation of an irrigation system,
and devaluation of neighbors' properties. A neighbor raised the issue of compliance with Measure G, and
asked if there was an EIR or a negative declaration.
Walgren responded that an Environmental Initial Study and a draft Negative Declaration were presented at
the December 10 hearing and are still open and available for public review, and subject to Planning
Commission consideration tonight. The initial checklist primarily is the basis for the Negative Declaration,
also relying on the parameters of the FCC Act of 1966 and the Health and Safety Standards Act.
Commissioner Bernald asked Walgren to address the concerns about maintenance of the property. He
responded that we do have a maintenance agreement, so if 25% of the plants that are installed are not
surviving, we have the authority to require that those be replanted. Because of the nature of the property
and the difficulty of providing a permanent irrigation system, that was not a requirement. The requirement
was that the plants be irrigated until they are self - sustaining. We have a continuing maintenance
agreement that if they are not surviving, they can be replanted, and that would reinitiate the requirement to
bring water trucks to the property and irrigate the site.
Commissioner Martlage asked whether a tree pole is available that the neighbors might go to see.
The public hearing was closed at 8:40.
Commissioner Bernald said they have a letter from Lee Lesh and wanted to verify his statement that
approximately 15 years ago the city elected to change the zoning from C -N to R -1. Walgren confirmed
that R -1 is correct.
Commissioner Pierce was concerned that this might not be the correct site, and neighbors are reticent to go
along with the project. He is unable to support the application, whether the original proposal or staffs
recommendation.
Commissioner Bernald was concerned that putting the pole and the building on the site does not keep it in
character with a residential area. She feels there are alternative areas that would be more correct and
cannot support the application.
Commissioner Martlage felt the equipment building is too big for this spot. She believes that new
technology will downsize the structure, so did not see a point in putting up such a big structure now.
Chair Patrick said that, in order to support the project, she would have to be convinced there were no other
alternatives for site location, that the neighbors were happier than she heard here, and that the technology
couldn't be smaller in some way.
Chair Patrick said it appeared the applicant would not be getting approval tonight. The Commission gave
the applicant the opportunity to re -open the public hearing only for the purpose of attempting to meet any
of the requirements or to comply with anything heard. If the applicant wanted a vote and to take it on to
the City Council, that was also an option. The applicant requested a vote.
BERNALD /PIERCE MOVED TO DENY UP -97 -010; DENIED 4/0.
Planning Commission Minutes
January 28, 1998
Page 4
Walgren believed the points were made clearly enough that he would consider the resolution as being
adopted this evening, and it could be drafted tomorrow for the chairperson's signature. He did not feel the
resolution would need to be brought back on the February 11 agenda, unless the Planning Commission
would prefer to see it before they adopt it. Planning Commission concurred.
Vic Monia felt that if this is an R -1 district, and if the applicant comes back on this property, the
Commmission will need an opinion from the City Attorney on whether or not that is in violation of Measure
G, as Measure G's words specifically say that you cannot increase intensity use.
2. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION INC., 14168 Taos
Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story home at 20 feet in
height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district.
(CONTINUED FROM 1/14/98). APPLICANT REQUESTED A CONTINUANCE TO
2/11/98.
3. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS DEVELOPMENT CO., 18850 Bella
Vina; Request for Design Review approval to construct a new 4,997 sq. ft. two -story residence on a
newly created parcel, lot 3 of the Bella Vina Subdivision. The site is 75,217 sq. ft. (33,081 sq. ft.
net) located within the R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 8:50 p.m.
Chris Spaulding, applicant's representative, addressed an item on the staff report relating to color and
material schemes for this house. This one is proposed not to be stucco with a slate roof, but a shingle house
with a comp shingle roof. Site will not be visible, except for one neighbor to the north, the Hulmes. The
bridge has been designed in the only practical place. The Fire Department requires a large turning area for
their apparatus. The house has been placed to the south, within the setbacks and easements required for the
creek and sanitary sewer; we tried to make the house predominantly one story so as to keep the exposure
from the existing house to the north as low as possible. Our elevations show that the only second story
windows that look that direction are a small bathroom window and two small windows in a playroom.
Further, we tried to save a tree to the north to try to get some shelter between the two houses.
Commissioner Pierce wondered what the limitations are in rotating the house so that the front was facing
more toward the bridge and was told the turnaround required by the Fire Department would not fit.
Chair Patrick felt the driveway appears to be right along the property line, which faces the "only neighbor"
whose vision is at all impaired by this house; it seems to be very intrusive to the only people who are there.
Walgren said that a letter was received this evening and distributed to the Planning Commissioners from
John and Susan Hulme, who live directly adjacent to the property. The Hulmes are here to present their
points, so Walgren will not read the letter into the record.
Planning Commission Minutes Page 5
January 28, 1998
Neighbors attended the meeting and expressed their concerns about the property setbacks being closer and
closer to the houses; that neighboring properties should be taken into consideration as new properties are
developed; that landscaping has been put into the creek beds and that protection of the creek cannot be
enforced; and that more time was needed to look over other alternatives for the property.
John Huhne, 20964 Comer Drive, said that people previously would have to cross his property to get to
this house, and was concerned about the bridge and the orientation of the house.
Connnissioner Martlage asked if Mr. Hulme would entertain the idea of an access easement across his
property rather than have the access across the creek. Mr. Hulme said he would probably not consider it.
Greg Blackwell, 20011 Bella Vista, said the bridge was not put in with the improvements because there
was a possibility that they would be going into a contract to sell the property to Mr. Hulme, and that the
applicant was never interested in an easement over his property. The house was designed to be as far away
from the Hulmes as possible.
Commissioner Bernald asked Mr. Blackwell why the bridge is located where it is, and was told that it is
located at the narrowest part of the creek where it can cross.
The public hearing was closed at 9:15 p.m.
Commissioner Martlage was concerned about the placement of the house and felt it appears to intrude on
the neighbor's back yard.
Commissioner Pierce felt the bridge will be adequate to handle creek water flow; he would like to see an
attempt made to turn the house to face more of the creek area. The design of the two -story part of the
house, which seems to be dropped on top ( "box on box ") is not attractive. He said he would have no
problem with the floor area exception being made.
Commissioner Bernald was surprised to see a new home with the "box on box" feature built in from the
beginning and was having trouble with the siting on the property as well as the length of the driveway as a
result of turning the house around. A different floor plan or a different siting might have been better.
Chair Patrick likes the design but is concerned about the siting and the length of the driveway. She would
like to see some consideration given to a re- siting the house.
Chair Patrick stated that the four commissioners present will not vote to approve as proposed. She asked
the applicant if he would like to request a reopening of the public hearing to come back with something
else, stating that overlays showing why it can't change would be appropriate as well. She suggested the
applicant speak with staff to clarify what the Commission is asking.
PIERCE/BERNALD MOVED TO REOPEN THE PUBLIC HEARING FOR THE PURPOSE OF
CONTINUING IT TO THE 2/11/98 STUDY SESSION; PASSED 4/0.
There was a break from 9:25 to 9:30 at the request of Chair Patrick.
Planning Commission Minutes
January 28, 1998
Page 6
4. V -97 -013 (APN 503- 55 -22) - WILD, 14634 Ambric Knolls Road; Request for Variance
approval to permit an existing carport (built by a previous owner without permits) that is 13 feet
from the side property line where a 20 -foot setback is required. Separate from the Variance
request, the applicant will also apply for building permits to legalize an existing 94 sq. ft.
addition to their one -story home and a 700 sq. ft. detached garage, 10.5 feet in height. The
property is 1.06 acres and is in the R -1- 40,000 zoning district.
Walgren presented the staff report.
The public hearing was opened at 9:35 p.m.
Gary Schloh, architect representing the owner, said that Mr. Wild had asked that they make everything
on this property comply to current City codes and requirements. He complimented staff on their report.
The public hearing was closed at 9:38 p.m.
Commissioner Martlage felt the application provided the best solution given the lay of the property.
Commissioner Pierce was pleased that Mr. Wild chose to come to the City and to hire someone like Mr.
Schloh to make the property appropriate under our code and regulations, and is able to support the
application.
Commissioner Bernald felt it appears to be well integrated into the plan, and since there have been no
complaints over this period of time, she has no problem supporting it.
Chair Patrick said she would be concerned if there were neighbors concerned about the setbacks, but
other than that, there seems to be no problem, and it seems appropriate.
BERNALD /PATRICK MOVED TO APPROVE V -97 -013; APPROVED 4/0.
5. UP -93 -005.1 & V -93 -016.1 (APN 386 -46 -005) - VALLANCEY, 12580 Pasco Cerro; Request
for clarification of UP -93 -005 and V -93 -016 so as to expressly permit use of converted carport as
guest house/habitable space.
Walgren presented the staff memo.
Commissioner Martlage asked for confirmation of the restricted hours. Walgren stated that the limiting
hours are 1:00 -6:00 a.m., and that the time restriction comes from our commercial zoning ordinance, which
prohibits 24 -hour businesses; the time was chosen because it was consistent with an existing ordinance.
The public hearing was opened at 9:44 p.m.
Mark Vallancey, applicant, said the building was originally to be used as a darkroom. He made several
changes to improve the property and felt his neighbors would agree that the property looks better now. The
Planning Commission Minutes -
January 28, 1998
Page 7
house does not have a lot of flexibility, and he is looking for an overflow bedroom, a general utility room.
Neighbors attended the meeting and spoke in support of the applicant and his proposal. They felt that the
curfew recommended was far - reaching and that placing a commercial restriction on a residential property
was not appropriate.
Chair Patrick commented that one of the speakers was at the meeting of October 27, 1993, and according to
the minutes, he assured the Commission that the structure would only be used as a garage, workshop, and
bathroom, and not a dwelling unit. Her sense was that he did not feel there was any ambiguity in what was
approved at that time.
The public hearing was closed at 10:05 p.m.
Commissioner Bernald requested information from the City Attorney about legal parameters for second
units and dwelling units.
The City Attorney said that the primary difference between a second unit and a guest house is defined as a
temporary or accessory use and not intended for separate living quarters. The conditions and approvals
imposed would be what the Commission feels would be necessary as an accessory use.
Chair Patrick asked that the City Attorney define a dwelling unit. The City Attorney read the definition
from the code.
Conunissioner Pierce felt that the 1:00 -6:00 restriction is difficult to enforce, and felt that the solution is to
require that the bathroom be taken out. He would support a requirement that the bathroom facilities be
removed, as well as the main kitchen facilities, eliminating any need for the 1:00 -6:00 restriction.
Commissioner Martlage asked where the phrase "intensity of usage" comes into play, whether with this
project, or making the distinction between a guest house and a second unit. She said if intensity abuse was
defined anywhere, or whether there are informal definitions used by staff.
Walgren said the terminology in the staff report is the result of almost a year's worth of involvement with
our code enforcement staff and discussions with the applicant's representative.
Commissioner Bernald was concerned about the kitchen, and is uncomfortable with overturning very
strong feelings that came from a previous Planning Coininission. She said there are four Commissioners
here that would be concerned with creating a situation such as the one the applicant has created.
Walgren asked if there was some consideration to ask the applicant to choose between the two, or making a
motion to go with one or the other.
Commissioner Pierce stated he still thought the 1:00 -6:00 restriction would be difficult to enforce.
Chair Patrick suggested to the applicant that he can choose to go along with the staff's recommendation or
that he can choose to take out the bathroom. Either way, it becomes more like a guest bedroom, if that is
the way the applicant chooses to use it. She was not inclined to approve this because it is an expansion of
Planning Commission Minutes - - Page 8
January 28, 1998
the original use.
PIERCE /PATRICK, ON UP -93 -005.1 AND V -93- 016.1, MOVED TO APPROVE THE STAFF'S
RECOMMENDATION WITH THE ADDITIONAL OPTION THAT THE TIME RESTRICTION
WILL BE IN PLACE UNTIL SUCH TIME AS THE APPLICANT, MR. VALLANCEY,
CHOOSES TO REMOVE THE BATHROOM FACILITIES AND THE KITCHEN FACILITIES;
APPROVED 4/0.
6. DR -97 -054 & UP -97 -014 (366 -29 -009 & 366 -29 -007) - PENINSULA RECREATION, INC.;
21990 Prospect Road; Request for Design Review and Use Permit approval to construct an
addition to the existing clubhouse (including an elevator and remodeled exterior), a new pro shop
which will be approximately 1,100 sq. ft., a new observation deck between the tennis courts, and 30
new parking spaces. The site is approximately 34.4 acres, located within the Hillside Residential
zoning district.
Walgren presented the staff report.
The public hearing was opened at 10:29.
Bill Masten, project architect, said they concur with the staff report, and hope the Commission will also
approve the application.
Commissioner Martlage asked why an out - building containing rest rooms was not considered for the
site, as plumbing and electricity already exist there. Masten said the site was chosen specifically to
maximize existing parking. It also has to do with visual accessibility for groundskeepers and course
maintenance people.
The public hearing was closed at 10:32.
Commissioner Bernald said that everything looks good to her.
Commissioner Pierce said he's happy to see the expansion, and he can support it.
Commissioner Martlage concurred.
Chair Patrick also concurred.
BERNALD /MARTLAGE MOVED TO APPROVEUP -97 -014; APPROVED 4/0.
BERNALD /MARTLAGE MOVED TO APPROVE DR -97 -054; APPROVED 4/0.
DIRECTOR ITEMS
1. Rescheduling Retreat
Planning Commission Minutes
January 28, 1998
Page 9
Walgren said the retreat was postponed because so many Planning Commissioners were unable to attend
and that we are not fully staffed right now. We would like to do it when all the Planning Commissioners
are available, and we have our vacant position filled. The tentative date is March 27.
2. Recruitment for Assistant Planner
We are in the process of recruiting for the position formerly held by Carol Deming. We had hoped to
use the candidacy list from when we hired John Cook, but all of the good candidates on that list have
jobs they are happy with. We have to go through a full recruitment process, and we will be bringing
someone in on a contract basis to help us get over the backlog.
3. Coffee at Commission Meetings
Walgren polled the Planning Commissioners to see if any are using the coffee in the lobby. They
responded that they are not drinking it, and a decision was made not to provide coffee at future meetings.
COMMISSION ITEMS
1. Appointment of New Bicycle Advisory Committee Member
BERNALD /PIERCE MOVED TO NOMINATE CHERYL MARTLAGE AS THE NEW
MEMBER OF THE BICYCLE ADVISORY COMMITTEE; APPROVED 4/0.
Walgren told Commissioner Martlage that Erman Dorsey is our staff person to the Bicycle Advisory
Committee, and that she can feel free to contact Erman or himself if she has questions.
2. Planners Institute Conference
Walgren wanted to verify with the Commissioners the level of interest generated for attending this
conference scheduled for March 5 -7. Roughly $1,750 has been set aside for this event. Commissioner
Martlage said it has been suggested that she attend; Walgren said that he would attend as well. Other
Commissioners will be contacted, and further discussions will be held.
COMMUNICATIONS
Written
City Council Minutes dated January 7, 13 and 15, 1998
Notices for Planning Commission Meeting of February 11, 1998
ADJOURNMENT - 10:55 p.m. to Wednesday, February 11, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
CITY OF SARATOGA PLANNING COMMISSION
MINUTES
DATE: Wednesday, January 14,1998 - 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Pierce, Siegfried
Absent: Commissioner Murakami
Staff. City Attorney Faubion, Bradley, Crowley
Pledge of Allegiance
Minutes - December 10, 1997 - Approved 4/0; Chair Patrick and Commissioner Martlage abstained.
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 9,
1998.
Technical Corrections to Packet
Associate Planner Bradley reported that page 8, condition 5c, of Resolution DR -97 -012, should read
"...replacement trees valued at $2,730...," not "...replacement trees valued at $8,224...." This will be
corrected on the Resolution.
CONSENT CALENDAR
1. UP -97 -010 (APN 389 -1.9 -031) - NEXTEL COMMUNICATIONS /TURKUS, Southwest
Corner of Sousa Lane and Quito Road; Request for Use Permit approval to construct 70
foot tall monopole personal communications services antennae which would replace an
existing PG & E pole on the lot at the southwest corner of Sousa Lane and Quito Road
adjacent to Highway 85. (CONTINUED FROM 12/10/97; APPLICANT'S REQUEST
FOR A FURTHER CONTINUANCE TO JANUARY 28,1998, APPROVED 6/0).
PUBLIC HEARINGS
2. DR -97 -021 and V -97 -005 (APN 503 -15 -042) - BREGANTE; 21143 Chadwick Court;
Request for Design Review approval to construct a new 5,683 sq. ft. two -story residence and
Variance approval to construct the residence on a slope of greater than 30 percent pursuant to
Chapter 15 of the City Code. The parcel is 2.3 acres in size, located in an HR zoning district.
(CONTINUED FROM 11/12/97).
Planning Commission Minutes
January 14, 1998
Page 2
Bradley presented the staff report recommending approval of the application if Commission concurred
that the design of the revised plans is appropriate for the site and that the size of the floor area
reduction is adequate.
The public hearing was opened at 7:34 p.m.
Lou Basile, applicant's representative, stated the revised design was accepted by all commissioners at
the December 10, 1997 study session and requested that the Planning Commission reconsider
approval.
Neighbors on Chadwick Court were present and expressed concern about the size and location of the
house and its impact on their privacy.
The public hearing was closed at 8:00 p.m.
Commissioner Kaplan questioned the importance of the sewer easement and was concerned about
granting a variance on a steep hillside.
Commissioner Bernald was also concerned about the size of the house.
Commissioner Siegfried disagreed, stating that the real concern is the type of home and the sizing.
Commissioner Pierce felt the house was still too large.
Commissioner Martlage felt the right elevation in the plan is better, as the roof line is cut down.
Chair Patrick felt the house is too big, and that she cannot approve the plan.
COMISSIONERS MOVED TO REOPEN THE PUBLIC HEARING AND TO CONTINUE
THE ITEM TO FEBRUARY 25, 1998, FOR RE- DESIGN OF A SMALLER HOME.
APPROVED 6/0.
3. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION INC., 14168 Taos
Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story home at 20
feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district.
Bradley presented the staff report recommending approval of the application, as the project meets
all height, setback and floor area requirements.
The public hearing was opened at 8:30 p.m.
Chuck Bommarito, Pinn Brothers Construction, agreed with the findings of the staff report and
displayed a rendering of the house.
Planning Commission MinaL , Page 3
January 14, 1998
Neighbors on Durham Court were present and expressed concern about the home size, water runoff
from Wildcat Creek, and compatibility with other houses.
The public hearing was closed at 8:40 p.m.
Commissioner Kaplan asked the total length of the house, and requested information about the type
of fireplaces. She commented on the compatibility of this home with others.
Commissioner Martlage pointed out that the two sides of the neighborhood are different and that
this home does not look like a "transition" piece to her.
Commissioner Pierce noted that it is difficult to get from one neighborhood to the other, and that the
lot on Taos Court is extremely large. He stated that he would be able to approve the plan as
submitted.
Commissioner Siegfried liked that home and felt that it was nicely designed.
Commissioner Bernald said that although the site has a different flavor from the neighbors, the
proposed home did not comply with the restrictions placed on the lot in the Resolution.
Chair Patrick said she would not be able to approve the plan.
COMMISSIONERS MOVED TO REOPEN THE PUBLIC HEARING AND TO CONTINUE
THE ITEM TO JANUARY 28, 1998, FOR A RE -VOTE. SPLIT 3/3.
There was a break from 8:50 - 8:55 p.m. at the request of Commissioner Kaplan.
DIRECTOR ITEMS
1. Status Report on Argonaut Shopping Center
Bradley presented the staff memo, stating that the Planning Commission had two options: (1) to
direct staff to allow Pad B development to proceed independently of the main Center, or (2) to
confirm staffs position that the project needs to occur simultaneously and as a whole.
In response to questions from Commissioner Kaplan, City Attorney Faubion explained that the
project had been approved in total and that Pad B is still connected with Argonaut, even though the
ownership is separate.
Chair Patrick stated that the project cannot be separated into parts, that it must remain as one. She
asked if the owner was seeking any changes for the plans for Pad B.
Planning Commission Minn,.:.,
January 14, 1998
Page 4
Commissioner Bernald asked if Pad B could be developed in February or March, at the same time
Alain Pinel begins work.
Commissioner Siegfried stated that Argonaut Center cannot radically change.
2. Planning Commission Retreat
Commission accepted the Retreat agenda.
3. Planners Institute Conference
This will be an item of discussion on the agenda for January 28, 1998.
COMMISSION ITEMS
Commissioner Bernald requested that the Bicycle Advisory Committee appointment be agendized
for the January 28, 1998 meeting.
COMMUNICATIONS
Written
1. City Council Minutes dated December 3, December 9, and December 17, 1997
2. City Council Meeting Calendar for 1998
3. Notices for Planning Commission Meeting of January 28, 1998
ADJOURNMENT - 9:15 p.m., to Wednesday, January 28, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA