HomeMy WebLinkAbout04-28-1999 Planning Commission MinutesCITY OF SARATOGA
PLANNING COMMISSION MINUTES
WEDNESDAY, APRIL 28, 1999
Civic Center, 13777 Fruitvale Avenue, Saratoga, CA
Regular Meeting
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Chairwoman Bernald called the meeting to order at 7:31 p.m.
Roll Call:
Present: Commissioners Kaplan, Murakami, Page, Patrick, Pierce, and Chairwoman Bernald
Absent: Commissioner Martlage
Staff: Associate Planner Bradley, Assistant Planners Ratcliffe and Pearson
Pledge of Allegiance
Minutes - April 14, 1999
On a motion by Commissioners Pierce/Kaplan, the Commission approved the April 14, 1999 minutes with
the following amendments:
- Page 5, paragraph 6, line 4, replace the word within with outside and last sentence, replace the
word refuse with the word refute.
- Page 13, paragraph 2, line 4, replace the word belief with believe and line 11 amended to read:
"...accepted Commissioner Martlage's point that it the chimney does add another nice element..."
The motion carried 5-0-1 with Commissioner Patrick abstaining and Commissioner Martlage absent.
Oral Communication
Planner Bradley informed the Commission that a letter was received from Marcia Benson, Benson's
Antiques, complaining about individuals who use the front of her business to park their bicycles and yet do
not patronize her business. She requested that bicycle racks not be placed in the curb areas. She said that
she is displeased that benches are being placed on the curbs, blocking access to individuals. Ms. Benson
further complains that trash is overflowing. Ms. Benson notes that there is not one handicapped parking
space placed on the street and recommends that a handicap parking space be installed in every block. She
further requested that parking meters be installed to limit parking hours to customers, as the worst
offenders are the merchants themselves, many parking in the street all day. She asked if the police
department can issue more tickets for street parking. She complained that grand opening signs are being
left up for months on end. Planner Bradley informed the Commission that staff will be notifying the code
enforcement officer about these issues of concern.
No other comments were offered.
Report of Posting Agenda
Planner Bradley declared that pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on April 23, 1999.
Technical Corrections to Packet
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No technical corrections to the packet were noted.
CONSENT CALENDAR
1. F-98-005 & V-99-004 (503-75-020) - HENRY, 21801 Congress Springs Lane; Request for
Fence Permit approval to enclose more than 4,000 square feet of a rear yard. The site is 3.3 acres
and is located within a Hillside Residential zoning district. (CONTINUED TO 5/12/99 IN
ORDER TO BE RE-NOTICED TO INCLUDE VARIANCE REQUEST).
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COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE CONSENT CALENDAR ITEM 1 BY
MINUTE ACTION. THE MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
PUBLIC HEARINGS
2. UP-97-004.1 (393-01-024, -025, -026, -027, -028, & 393-02-003) - STARBUCKS, 12960
Saratoga-Sunnyvale Road; Request for modification to an approved Use Permit for a 1,160 sq.
ft. space by expanding the restaurant into an additional 440 sq. ft. of the existing Argonaut
Shopping Center. The modification application includes a request to allow outdoor seating
without additional parking spaces. The property is located within a Commercial Neighborhood
zoning district.
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Planner Bradley presented the staff report. She informed the Commission that staff has determined that the
four additional parking spaces to accommodate the outdoor seating would not be necessary as the busiest
hours of the business would be the early morning hours when many of the other shops in the center are
closed. She indicated that the aggregate parking of the shopping center was sufficient. She said that noise,
litter and traffic have been the primary concerns of the surrounding neighbors. Staff has determined that
the additional seating will not have a noticeable impact on traffic and that noise should be kept within the
confines of the buildings exterior arcade and that litter will be kept clean by the employees. In addition,
the resolution of approval contains a condition pertaining to litter removal. If any of these issues become a
problem in the future, the Planning Commission always has the authority to impose further restrictions on
the business. Therefore, staff recommends approval of the use permit. She clarified that staff has been
informed by the applicant that no coffee roasting is to occur at this location.
Chairwoman Bernald opened the public hearing at 7:43 p.m.
Drew Padilla, applicant/project architect, stated that he would answer questions relating to the architectural
features, handicap accessibility and code compliance. He said that the nature of the extension of this
permit is to provide for a greater amount of square footage than was previously provided in an earlier
review of the use permit as well as to provide for outdoor seating. It was his belief that the addition of
outdoor seating at this particular shopping center will help vitalize not only the sidewalk landscape
underneath the arcade, but also the relationship of the store to the parking lot. The nature of the work
being done to the shopping center is one that would encourage an aggregate use of the parking spaces as
well as providing a more pleasant pedestrian environment.
Commissioner Patrick said that in looking at the plans, the additional square footage to be added is almost
equal to the new outdoor seating area which is being taken from the original plan.
Mr. Padilla informed the Commission that there may be a misinterpretation on the plans. The actual
increase in square footage is occurring to the rear of the space. He said that the project is approximately the
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same square footage. He confirmed that tables, chairs and lounge chairs are proposed outside of the
building and that it is proposed to move the bathroom and kitchen further back on the Blauer Drive side.
He said that he expects patrons to enter through an entrance provided by the shopping center which will be
retained as a secondary means of egress.
Lisa Trexler, speaking for Mary Bogdanovich, 20391 Blauer Drive, stated that her home is the first house
past the shopping center. She stated that she strongly objects to Starbucks so close to the residential area
and for the complete disregard to the peace and quiet of the residential neighborhood. She is speaking from
the perspective that the city recognizes that this is a commercial operation located against a residential area
and that the residents will experience a burden that is not felt by others in the city. The area residents will
have an operation that begins at 6:00 a.m. until 11:00 p.m., both quiet times when there is to be a lot more
traffic. She said that new activities are being proposed with Starbucks and Blockbusters, both of which will
produce traffic that will spill into the neighborhood. She felt that this was an inappropriate action against
the neighborhood. She felt that Starbucks belongs in the center where it would not bother the neighbors,
closer to Safeway which stays open 24-hours. She felt that it was a mistake to have approved the use on
the corner. She said that both Blauer Drive and Regan Lane will be experiencing a great increase in traffic,
some vehicles making u-turns to get onto Highway 9 or to avoid the stop light, winding their way out
through the neighborhood. She said that the neighbors were led to believe that Starbucks was to locate
somewhere in the middle of the shopping center and asked when this location was changed? She asked if
an appropriate traffic analysis has been conducted as an EIR would have projected a traffic pattern? She
requested to see the traffic analysis. She said that the Starbucks' location was unacceptable to her.
Chris Hawks, 20390 Blauer Drive, stated that he was disappointed to have to return to the Commission to
readdress this issue. He said that he was beginning to wonder if he made a mistake when he moved his
family to Saratoga as he moved to Saratoga for the quite residential neighborhoods and the feeling of
family, community and neighborhood. Anyone who has had the opportunity to look at the shops that were
located in the shopping center had a clear idea of what sort of retail behavior existed (i.e., family oriented
shops such as a barber shop, shoe repair, dance studio, travel agency with normal hours of operation.) If it
is being stated that this is an acceptable location for Starbucks, he felt that a huge disconnect exists. He
felt that Starbucks is a drastically different operation from all the other retail businesses that have been in
this location. He noted that the request before the Commission is a conditional use permit and that the
Commission has the right and responsibility to determine if this particular use at this particular location is
appropriate. He said that the neighborhood is not excited about seeing a Starbucks locating in the
shopping center as there are concerns with traffic impacts to Blauer Drive. He felt that locating Starbucks
at the center of the shopping center would be a more appropriate location. He expressed concern with the
items listed in the staff report as follows: 1) If staff does not believe that there will be additional traffic,
why is the business being expanded? He did not believe that a business would expand if there was not
going to be additional traffic associated with the expansion. 2) Staff is recommending approval of signage
for the business even though the applicant did not include signage as part of the application. He felt that a
three foot, internally illuminated 30+ foot above ground sign has to be the highest illuminated outdoor sign
in Saratoga without being requested by the applicant. 4) The nearest residence is located 100 feet from the
outdoor arcade and will result in a noise impact to the residents. 5) The resolution states that the use is not
materially injurious to properties or improvements in the vicinity and that appropriate conditions have been
placed on the project. He expressed concern that a Starbucks, located 160 feet from residences, would
impact damage property values, especially if there is outdoor seating available from 6:00 a.m. until 11:00
p.m. He stated that another site has always been available for this use. This is the third time that area
residents have come before the Commission and that it would be a fourth time for the signage issue. He
noted that Starbucks started in the middle of the shopping center and that it has incrementally moved its
way down the shopping center. He felt that there should be a time that the city stands up and state that area
residents matter too. He encouraged the Commission to consider the area residents concerns this evening.
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Bill Mullen, 12960 Regan Lane, stated that he originally understood that Starbucks was to be located in the
center of the shopping center. He said that at that time, it was not pleasing but that it was a tolerable
situation. He said that the latest communication is that it is to be located at the end of the shopping center
and that it is to be expanding its footprints, raising significant issues. He expressed concern with the
following: 1) noise impacts associated with outside seating, changing the nature of the neighborhood; and
2) safety concern for the neighborhood and the community, specifically on Regan Lane as this is as
shortcut to the shopping center. He said that the expansion would result in the attraction of individuals
outside the neighborhood who would like to by pass Saratoga Avenue. He expressed concern with the
safety of young individuals in the neighborhood and evening walkers as the neighborhood has no
sidewalks or lighting. He felt that Starbucks would increase the traffic pattern and increase the safety risk
to the neighborhood. The lack of addressing this concern is extremely short coming. He felt that the city
has taken the neighborhood and significantly changed the climate and the atmosphere that most individuals
paid a tremendous amount of money to acquire.
Mark Kocir, 12795 Saratoga-Sunnyvale Road, stated that he has been a long time resident of Saratoga,
being a resident before the shopping center was built. He said that he did not support a Starbucks in
Saratoga, noting that there is not a business that looks like it in the Village. He felt that this use belongs on
Lawrence Expressway. He was advised that the proposed hours of operation were 6:30 a.m. to 11:0 p.m.
He felt that the hours were too long as this is a residential neighborhood, even though a commercial strip
zone is located in this area. He said that residents do not want cars coming in and out of the shopping
center. He informed the Commission that "kids" hang out at Safeway and the parking lot, often times
resulting in the police being called to the shopping center. He felt that once Starbucks establishes a
foothold similar to Safeway, they would request a 24-hour operation. He felt that the city was forgetting
that this is a residential neighborhood based on the renovation of the Argonaut Shopping Center.
Denise Levy, 12915 Regan Lane, stated that she also attended several meetings relating to the shopping
center. She stated that her main concern was that of her seven year old who rides her bike to school with
her father. She also has a fourteen year old son going to school. The atmosphere of having Starbucks on
the corner is a nightmare to her. She felt that the middle of the shopping center would be more conducive
location for Starbucks as it would be more pleasant than looking over the office buildings on Blauer and
into the bedrooms of residential homes. She found that putting people outside, on sidewalks adjacent to
residents would be a noise impact to adjacent residents. She stated her opposition to the request as she felt
that there were better locations in the shopping center. She also expressed concern about the traffic and
the safety of area children/residents.
Bruce Prestwich, 20244 Blauer Drive, felt that the use permit was a big mistake, noting that Starbucks was
denied at the Village. He said that he was lead to believe that Starbucks was to be located in the middle of
the shopping center. He requested that the Commission deny this location and that the use be approved at
another location where families and children would be subjected to the traffic associated with the use as
Blauer Drive is already experiencing problems with traffic and speeding cars.
Lisa Traxler, 20390 Blauer Drive, stated her opposition to the expansion and outdoor seating of the
Starbucks Coffee Shop. She said that her sons' and her foster child's bedroom window face the shopping
center. She expressed concern that the outdoor seating would give individuals the opportunity to observe
her children. This condition was unacceptable and unsafe for her family. She said that the prior businesses
in place before the shopping center was renovated closed well before 11:00 p.m. and did not infringe in the
enjoyment of her yard in the evenings. She felt that Starbucks would be better located closer to Safeway
where traffic, noise, and litter would not be an impact to neighbors. She felt that a new traffic study was
warranted for the outdoor seating. She said that 15 parking spaces of 33 are proposed to the Blauer side of
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the building.
Marcella Mahern, real estate manager for Starbucks, clarified that this application is for an amendment to
an existing conditional use permit. The conditional use permit was granted for the site on this exact corner.
When the landowner mentioned to Starbucks that there would be an opportunity to lease a bigger space,
Starbucks took advantage of this fact because it wanted to create a store that had a nicer environment
where additional components could be added to make the business more comfortable to its customers. The
addition of outdoor seating was to go in with the overall vision of the shopping center to make it an
inviting place where residents in the neighborhood would come and enjoy the outdoors. She did not
believe that there would be a drastic increase in either traffic or seating capacity of the store. She sees
Starbucks as serving individuals who are already passing by the shopping center on their daily commute or
coming from the neighborhood. She said that she was not aware of the misconception that Starbucks was
planned to be closer to Safeway. When the redevelopment of the shopping center was brought to
Starbucks attention, Starbucks was offered the same space that it was originally offered. Therefore, there
was not an alternative to Starbucks. She asked if the sign criteria was proposed to be modified this
evening? She stated that Starbucks' sign will be in conformance with the sign criteria.
Planner Bradley clarified that the sign program for the shopping center is up for review this evening,
mainly to address the colors proposed at the end of the agenda.
Paul Smith, Starbucks district manager, informed the Commission that Starbucks has systems in place in
all of the stores where there employees collect trash on frequent intervals. At the last hearing, it was stated
that someone will walk outside the store at least three to four times a day picking up trash. He clarified
that the hours of operation are 5:30 a.m. to 10:00 p.m., opening at 6:00 a.m. on weekends.
Commissioner Bradley clarified that the resolution before the Commission is identical to the one
previously approved by the Commission with the exception of the requested modifications.
Rhonda Rigenhagen, community relations manager for Starbucks, addressed the issue of noise and stated
that it is just as important for Starbucks that this be an enjoyable environment for its customers who are
also their neighbors. She said that noise has not been an issue with existing stores. She said that only 2
stores out of 200 in northern California have had some on going problems with noise, one relating to
heating/air ventilation. Starbucks managers try to be responsive to concern or complaints relating to noise,
trash or other issues in the neighborhood. She encouraged anyone who has problems to contact the store
manager. If there is an issue and if it is not addressed to their satisfaction, that either Paul Smith or herself
be contacted and that they would make sure that the issues are addressed.
Commissioner Kaplan stated that she was instrumental in the last use permit review to get a commitment
from Starbucks to police the grounds for trash. She stated then and states now that she feels that there is
some laxity among the employees in performing this chore. She clarified that a use permit exists that
would allow Starbucks to locate in the shopping center and that this is not the issue before the Planning
Commission this evening. She said that the Commission expects that Starbucks will honor this part of the
agreement because she will be watching to make sure that it is honored.
COMMISSIONERS KAPLAN/PATRICK MOVED TO CLOSE THE PUBLIC HEARING.
Commissioner Pierce stated that he grew up in the Argonaut area, living there for 20 years and his parents
for 40 years. He said that he was familiar with the area and that he knows the shopping center quite well.
He said that the Argonaut Shopping Center has been an on-going issue in his tenure on the Commission.
The Commission has also dealt with Starbucks several times, having approved the conditional use permit
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for Starbucks for the shopping center following the public hearing. It was his belief that this is a good use
for the shopping center and stated that he voted for it before and that he would be voting for it again. He
said that he has observed several Starbucks in the greater San Jose area. He said that he was aware of
Commissioner Kaplan's concern about trash. He felt that Starbucks was a well run organization and that it
would be a credit to the city of Saratoga and to the shopping center. He stated that he understood the
neighbors' concerns, acknowledging that the residents purchased their property knowing that they were
buying property adjacent to a major shopping center in Saratoga. He felt that this was an appropriate use
and that he would be supporting it.
Commissioner Page said that this is his first review of the Starbucks' use permit. He said that he has
visited several Starbucks and that he has observed and watched to see the operation as he knew that the use
permit would be coming up. In reviewing the minutes of the last use permit hearing, there were a lot of
questions whether there would be the addition of an outdoor seating area. He felt that the building
overhang would deter some of the noise. He strongly recommended that signage be approved that would
respect the neighbors. He also recommended that direction be given to the police department to patrol the
area a little more in the beginning to ensure that the use stays friendly to the neighborhood. He stated that
he could support the use permit knowing that the use permit can be called up if there are issues of concern.
He said that he would be watching the use permit very closely.
Commissioner Patrick concurred with the comments expressed by Commissioners Pierce and Page. She
stated that various degrees of presentations have been made by the Starbucks' corporation representatives.
She stated that she has observed a Starbucks near her office recently that installed outdoor seating because
she had questions about what it would do to traffic near the area as it is located adjacent to an elementary
school. She also observed the cleanliness and the noise factors. She stated that the noise factor was not an
issue. She was not sure why people drinking coffee would be expected to be noisier than people in
general. She stated that she would support the request because what the Commission is dealing with is a
relatively minimal expansion in the square footage which should not impact the neighborhood. She felt
that the outdoor seating is a nice addition to Saratoga and that it might make the shopping center more user
friendly.
Commissioner Kaplan stated that the reason a Starbucks was not approved at the Village was because there
was not adequate parking in the Village and for the safety issue associated with the corner lot. She said
that a use permit was granted to the Starbucks Corporation to use this location. The issue before the
Commission is whether additional interior space and outdoor seating will be approved at the perimeter.
She felt that individuals would meet quietly, talk, and visit. She noted that Safeway is a 24-hour
establishment, serving a need. She said that Starbucks will not be opened 24-hours. She felt that citizens
need a place to meet and that she felt that this is a minimal addition to the existing use permit. Therefore,
she could support the request.
Commissioner Murakami noted that from some of the testimony received from the neighbors, they had an
idea that the proposed use was to be located at the middle of the shopping center. He said that some of the
earlier plans may have depicted its location in the center of the shopping center. However, when the
Commission voted on the use permit last time, its location was clear at its present location. He was sorry
that the neighbors did not notice its location at the time of the approval of the use permit. He concurred
with his fellow Commissioners that the use permit was examined closely and that it would continue to be
monitored to ensure that the business complies with the conditions to mitigate neighbors' concerns. He
stated that he would also approve the request.
Chairwoman Bernald stated that this is a difficult decision because she has seen how emotionally the
neighbors are and that she understood their concerns. She said that it would be an ideal situation for the
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city to have a community area where it could have its young children meet, a community area where the
city could make sure that the children can gather. However, given the fact that the neighbors are so
emotional about this issue, she would be voting against the request. She informed the public that should
the amendment to the use permit be approved, they would have 15-days to appeal the decision to the City
Council.
COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE RESOLUTION NO. UP-97-004.1.
THE MOTION CARRIED 5-1 WITH CHAIRMAN BERNALD VOTING NO AND COMMISSIONER
MARTLAGE ABSENT.
3. UP-93-008.1 (503-24-072) - BLUE ROCK SHOOT-CUTLER/WHITE, 14523 Big Basin
Way; Review of a Use Permit approved on December 14, 1994 to operate a restaurant on Big
Basin Way with coffee roasting below the restaurant. The Planning Commission has requested this
permit be called up for their review to re-evaluate the hours of operation and coffee roasting.
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Planner Bradley informed the Commission that two letters were submitted this evening. One letter is from
the business owner of Tiger, Tiger, Fine Decorating Gifts stating that the roasting of coffee beans drive her
customers out as they are curious as to what is on fire. The smoke that comes into the shop makes the
business owner's eyes water and leaves the order on the merchandise. It was requested that the offensive
smoke and smell stop. Another letter was received from the business owner of Exclamation Point
indicating that several customers have noticed and complained about the odor from coffee roasting during
business hours. Classes are offered several days a week in which an individual could be at the business five
hours at a time. The letter states that the smell from coffee roasting is pervasive. It was stated that the
business would be in favor of a ban on coffee roasting in the Village area between the hours 8:00 a.m. to
6:00 p.m. Planner Bradley indicated that the use permit for the Blue Rock Shoot Coffee Shop is before the
Planning Commission to review the conditions of project approval. She said that both staff and Planning
Commissioners have received complaints about coffee roasting at the business. Staff recommended that a
condition be added to the original resolution to limit roasting to the hours of 7:00 p.m. to 7:00 a.m.
(overnight). She informed the Commission that the City has the authority to levy a fine of $250 per day if
future violations were to occur.
Commissioner Pierce asked how the coffee roasting hours were derived? Planner Bradley responded that
staff tried to consider when most of the downtown business would be closed except for the restaurant uses
and would have the least impact on the businesses and the neighbors.
Chairwoman Bernald opened the public hearing at 8:35 p.m.
Mitchell Cutler, partner at Blue Rock Shoot/Saratoga resident, stated that he was unclear why he was
present this evening. He said that he was requested to be present to answer any questions which the
Commission may have. He stated that he had conversations with Community Development Director
Walgren who explained the concerns of a couple of residents about coffee roasting. At the request of
Commissioner Pierce, Mr. Cutler explained the process for roasting coffee as being a process where the
green coffee beans go through a roaster. The chaff from the particular matter of the beans goes out into the
air through an exhaust vent. He said that typically, the business burns once or twice a week and that the
roasting process would take approximately two hours. He informed the Commission that the hours of
operation are 7:00 a.m. to 10:00-11:00 p.m. He indicated that the business currently roasts its coffee in the
evening at the request of Community Development Director Walgren approximately a year ago. He
indicated that he was surprise to be in attendance this evening to address roasting coffee beans in the
daytime as coffee roasting is not occurring during the daytime hours.
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Commissioner Patrick stated that assuming that coffee beans are only roasted in the evening, from the
operation of the business perspective, what are the most convenient or conducive hours for roasting coffee
beans? She asked if there was any reason why the odor in the atmosphere is different from any other
coffee shop? Mr. Cutler responded that Community Development Director Walgren requested that coffee
roasting occur after 5:00 p.m. Therefore, roasting of coffee beans occurs between 6:00-8:00 p.m. He
indicated that coffee roasting is exactly the same as the roasting that takes place at International Coffee,
indicating that International Coffee's method is entirely by fire where the Blue Rock Shoots' roasting is
electrically conducted. Therefore, it was a different way of achieving the same end result. He said that it
was interesting to see that the International Coffee business was not on this evening's agenda to restrict
their roasting coffee hours.
Commissioner Patrick stated that she has smelled coffee beans roasting from Blue Rock Shoot during the
daytime in the past year. It was her observation that there is a particular odor from the Blue Rock Shoot
that is different from other coffee shops. She stated that it may be attributed to a different degree of
roasting doneness or another factor.
Commissioner Kaplan stated that the issue of roasting coffee beans has been on going. She stated that the
Commission has before it three letters from Mr. Walgren to Mr. Josh White. The Commission also has a
list of when complaints were made, indicating that roasting was currently being conducted at 3:30 p.m.
She stated that she has to assume that individuals in the Village whose eyes and noses are burning are not
making the complaints up and that the Commission has to rely on the complaints received. She informed
Mr. Cutler that the reason he was requested to be present this evening was due to the fact that the
Commission continues to receive complaints.
Mr. Cutler informed the Commission that he has been forwarded the letters sent by Community
Development Director Walgren. He has discussed these letters with Mr. White and Mr. Walgren. At the
time of discussion, there was an agreement that Blue Rock Shoot was not to roast coffee during the
daytime and that roasting would only at night. It was his belief that the letters being received by the
Commission are coming to the Commission for other reasons and not specifically to the roasting issue. He
felt that the city had unhappy neighbors in the Village and that they were looking at this as a vehicle to
limit his business.
Chairwoman Bernald informed Mr. Cutler that she is a neighbor of the Blue Rock Shoot. She indicated
that she has been in the downtown area at 3:00 p.m. and has personally experienced Blue Rock Shoot's
roasting. She was in the vicinity on Thursday, January 28, 1999 at 3:35 p.m. at which time her eyes started
to water and that she became uncomfortable. She stated that she could not detect the smell at the time due
to a cold. She was informed by an individual that the Blue Rock Shoot was roasting coffee again. She
became aware that her eyes had been burning due to the roasting of coffee beans. She stated that she has
been in the vicinity at other times after Blue Rock Shoot had roasted coffee. She has received indications
from other individuals and she has received photographs indicating that coffee is being roasted during the
daylight hours as smoke can be seen and it obliterates Big Basin Road. She stated that this issue is not
something personally against Mr. Cutler because of his neighborliness or lack thereof but that it is because
coffee has been roasted. She stated that she also observed coffee being roasted on the following dates:
Friday, August 14, 1998, 3:00 p.m.; Wednesday, August 19, 1998, 4:30 p.m.; Thursday, August 27, 1999,
4:45 p.m.; Wednesday, September 2, 1998, 4:58 p.m.
Josh White, Blue Rock Shoot, informed the Commission that he conducts all coffee roasting for Blue Rock
Shoot. He stated that the allegations are false. He said that he spoke with Mr. Walgren approximately a
year ago. Since that time, he has not roasted during the daytime. He stated that he comes in at 3:30 a.m. to
roast coffee so that he does not have to roast during the day. He also indicated that he does roast in the
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evening hours. He personally guaranteed that there is to be no roasting during the daytime.
Tracy Cutler, Blue Rock Shoot, stated that the coffee roasting issue was initiated by one neighbor in
particular who has a dislike for the Blue Rock Shoot business and who has been harassing the owners for
the past six years. She indicated that there have been many run ins with this particular individual who
originally rallied up the neighbors to say something about the coffee roasting. Since the business owners
have been advised that the coffee roasting was bothering individuals, the business changed its coffee
roasting operations. She stated that there is a personal issue going on and felt that there was something
deeper going on than just the smell of coffee.
Chairwoman Bernald read into the record a letter received from Judy and Don Colter stating that business
owners in the Village have indicated that they and their customers find the odor of coffee roasting very
offensive with its smell lingering in their stores long after the smoke disappears. Numerous complaints
have been filed with city hall about the smoke and smell clear back to when Mr. Peacock was city
manager, noting that nothing has changed. The letter goes on to indicate that current city manager Larry
Perlin observed the roasting and yet it continues. The business owners request that the obnoxious roasting
stop.
COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING.
Commissioner Kaplan stated that she could not speak about the animosity among the business owners.
Given the state of the Big Basin shopping center, she felt that individuals should work together, making
something out of this city. The issue before the Commission and over the course of time is the fact that the
Commission has received complaints enumerated in the staff report, including a daytime roasting as
recently as March 17, 1999 which was not indicated. The Commission is requesting that roasting occur at
an hour when it will not disturb individuals. She stated that she personally observed coffee roasting during
the daytime. She recommended that the hours for roasting coffee be made later in the evening as
individuals are still eating in restaurants at 7:00 p.m. Including the specific hours for roasting coffee in the
use permit will put the business owners on notice. If further violations occur, further actions may be taken
against the business.
Commissioner Murakami stated that he also noticed coffee roasting during the day when he was at the
Village. He felt that identifying the hours for roasting coffee was a good way to solve the problem,
monitoring the use more closely. He stated his agreement with the recommended modification to the use
permit.
Commissioner Patrick stated that no one on the Commission wants Blue Rock Shoot to go away. She felt
that the way that the business appears to be operating is not noisy or a bad element. She felt that the
business was a wonderful addition to the Village, allowing individuals to gather. She stated that she was
curious to know why the smoke smell was different from the International Coffee business. She felt that
staff's recommendation would resolve the issue before the Commission, noting that the recommendation
appears to be acceptable to the business owners. Therefore, she would support the amendment to the use
permit.
Commissioner Page stated the he felt that the Blue Rock Shoot was a great business and that he was glad
to see that there was a coffee shop where individuals can be quiet and have a cup of coffee. Based on the
business owners' testimony that they do not roast coffee during the day, he could support the amendment to
the use permit as it would not impact the operation of the business.
Commissioner Pierce stated that he did not hear opposition to the amendment from the business owners.
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Therefore, he stated his support of the amendment to the use permit, restricting the hours of coffee
roasting.
Chairwoman Bernald said that she concurred with everything that has been stated. She felt that Blue Rock
Shoot is a contribution to the downtown neighborhood and that it was an important asset. She felt that
individuals appreciate Blue Rock Shoot services in the downtown. She stated that she has personally
experienced daytime coffee roasting, noting that she does not have a personal grudge to bare against the
Blue Rock Shoot business owners. She stated that she could not speak to the relationship with the other
business owners, noting that this is not the issue before the Commission. The issue before the Commission
is roasting coffee. She noted that the business owners have indicated that they do not have a problem
roasting coffee in the evening. Therefore, what is before the Commission this evening is to set the hours
for roasting coffee. Should there be experiences of acrid coffee being roasted, Blue Rock Shoot business
owners will be fined once it is brought to the city's attention. Once it is brought to the city's/Planning
Commission's attention that coffee is roasting in hours other than those specified in the resolution, the use
permit will be called up and that the use permit will be in jeopardy.
COMMISSIONERS PATRICK/KAPLAN MOVED TO APPROVE RESOLUTION NO. UP-93-008.1.
THE MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
4. V-98-001.1 (503-26-028) - BAGNAS, 14005 Wildwood Way; Request for modification to an
approved Variance for side and rear setbacks. The property is 3,572 sq. ft. and is located in an R-
1-10,000 zoning district.
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Planner Bradley presented the staff report and informed the Commission that staff findings can be made to
support the modification and therefore recommended Commission approval of the variance request.
Chairwoman Bernald opened the public hearing at 9:05 p.m.
Marilyn Bagnas, property owner, informed the Commission that after she received the building permit to
build on the property, she spoke to her neighbors only to find out that a marker of an old fence post that
borders the two properties was in error. She stated that she went ahead and used the markers. She stated
that she was not required, at time of issuance of building permit, to retain the services of a land surveyor.
She recognized that she made an error. Knowing that an error was made, she contacted a land surveyor
after being told to stop the project. At this point, the foundation had been poured, noting that the framing
has been completed. She was not present to point fingers but to ask the Commission to approve the
variance modification on the property as it would be a hardship to do otherwise.
Commissioner Kaplan asked what rooms/windows are proposed for the back wall which is being pushed
into the setbacks? Mrs. Bagnas responded that the kitchen and the dining rooms are designed for the back
of the home.
Commissioner Kaplan noted that kitchens and dining rooms are heavily used rooms in a house. If putting
a heavily used room where people are going to be for a good portion of the waking day this close to the
neighbors, the people there today may not be there in the future nor would the Bagnas family. She
expressed concern that it is not known what type of uses would be developed on the vacant properties. She
stated that she has seen what happens when an individual builds into the setbacks and violate the codes.
She stated that she has a difficulty with the variance request, understanding that the building is framed. She
was not sure whether the entire structure would have to be taken down or that there may be a remediation
that can be done.
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Planner Bradley indicated that this is an awkward lot. She said that the longer dimension is the side to
side. The front is that portion that faces the neighbors on Wildwood that back up to Fourth Street. The
rear is the lot line that is adjacent to the vacant parcel. She clarified the property line which the house is
sitting too close to.
Norman Payne, licensed surveyor, stated that he performed a foundation survey across the street and found
some markers that have been set on a Record of Survey. The problem is that Wildwood Way has been
established by Record of Survey and was marked out at a point in time. However, all the lots were never
developed by subdivision nor developed by deed. These are deed description lots. To his knowledge, the
lots have never been monumented unless done by redwood stakes. He did find the line in question which
did not have a fence, only shrubbery. He met with Mr. Bagnas who informed him how he established the
property line, showing him the fence corner. He said that the end where the dining room is proposed is
within five inches of being six feet. He indicated that the end of the building closest to the property line is
where the garage is proposed. He stated that once the landscaping is installed, Mr. Bagnas has requested
that he set the property corners and follow the Record of Survey to perpetuate the location of the lot.
Everet Killian, 14395 Wildwood Way, stated that he discussed this unique situation with most of the
neighborhood and informed the Commission that he was the individual who pointed out the marker as
being the fence post. He stated that having the structure close to his property does not bother him as it is
only encroaching a few inches on his end. He requested that the Commission approve the request as it is
not a problem with any of the neighbors who he has spoken to.
Commissioner Kaplan asked if the piece of property contiguous to the home can be built upon?
Planner Bradley stated that it was her belief that there are two lots owned by one individual that can be
developed as a residence(s) in the future with access through Wildwood Way.
Mr. Killian informed the Commission that a private street exists and that the property owner of the two lots
to the rear had a paper signed several years ago by several residents when it was first closed off because
there was a problem with the park. Should the back two lots develop, access would have to be gained
either through Wildwood Way or Springer. He felt that this was a decision that would be made by the
neighbors.
COMMISSIONERS PATRICK/PAGE MOVED TO CLOSE THE PUBLIC HEARING.
Commissioner Page felt that an honest mistake was made in this case. However, when he reads from the
guidelines from which the Commission has to choose from, it states that things have to be done in a certain
order such as hiring a licensed surveyor to survey the lot. He noted that a letter is attached to the staff
report which indicates acceptance of the risk if something is wrong. He did not believe that a precedent
would be set as anyone else coming before the Commission would be scrutinized. He stated that he would
support the variance as presented.
Commissioner Pierce stated that in looking at the site, it is located in a nice neighborhood. He felt that the
house would be a good addition to the neighborhood. He said that it appears that the applicant was
somewhat careless in not following the rules. He asked staff if there was a monetary penalty that could be
imposed on the property owner as part of the variance for failing to follow the guidelines?
Planner Bradley informed the Commission that the resolution has been conditioned that would fine the
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PAGE - 12 -
property owners $250 per day of violation. The Commission could direct staff to assess the monetary
damage and that staff could determine the appropriate number of days for violation.
Commissioner Pierce felt that there should be some sort of penalty as the applicant made a mistake and the
Commission will be granting an exception. He would recommend that staff be directed to determine the
numbers of day that the violation occurred.
Planner Bradley informed the Commission that planning staff will review and determine the days of
violation with the building department.
Commissioner Pierce indicated that he could support the variance with the imposition of a fine.
Commissioner Kaplan reiterated her comment concerning what would happen when individuals start
moving into small lots and crunching up against their neighbors, causing problems in the future. She said
that she was given an incorrect orientation at the site visit as she felt that the home would be abutting the
property that has a house on it and could legitimately be impacted by heavy use in both homes. She said
that someone will be building on the vacant lots and that they would need to be notified that a variance has
been approved so that when their home is built, they know that a home is built close to them. She agreed
that a fine would accomplish one not setting a precedent that this is a free ride to a variance, noting that the
action took staff's and the Planning Commission's time to review the violation. She felt that the city should
be paid back. Therefore, she would approve the variance and a fine as deemed appropriate by staff.
Commissioner Murakami stated that he originally liked the design of the house and felt that it was a very
nice fit into the neighborhood. Unfortunately for the applicant, they made a mistake even after being
warned. He agreed with Commissioners Pierce and Kaplan that the Commission cannot let this mistake
slide. He felt that there was enough of a mistake made that needs to be addressed. He stated that he would
agree to vote for the variance that was created by the applicants in their error and that he would agree with
the decision that the applicants be fined for making this error. He stated that he would support the
Commission's recommendation.
Commissioner Patrick stated her disagreement with the comments expressed. She stated that
unfortunately, on these small lots, the commission deals with inches. The Commission has individuals
coming before the Commission begging for inches. Now, people are stating that it is only a couple of
inches and that it is not a big deal. She acknowledged that it was a couple of inches in some areas but felt
that they should be given back if they were only a couple of inches. She stated that she is opposed to
individuals continuing to build on their homes once they become aware that there is a problem, resulting in
the homeowner coming before the Commission stating that it would be a hardship to make them tear down
the structure. She opposed two people coming before the Commission begging for the inches and being
aware of them, maximizing what can be done on the lot, later to complain that the home was sited in the
wrong area. She felt that the applicants made a mistake. She said that someone was made aware at the
design review hearing that the siting of the home was important on this small lot as the Commission went
through the siting of the home very minutely. She said that none of the current neighbors object to the
variance because the home is further away from them. However, when the vacant lot develops, owners of
the vacant lots will be the ones penalized because the home will be closer to them and they will not be able
to maximize their home on their lot. She stated that she opposed the variance and recommended that the
home be sited appropriately, pursuant to the previous resolution.
Chairwoman Bernald concurred with the comments expressed by Commissioner Patrick. She stated that
she has a small lot in another town and that she began to build on it and that she was out of line, being two
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APRIL 28, 1999
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feet further than she was supposed to be. She had to stop work and redo construction. She knew how this
would have affected the neighbors and that for all the reasons stated by Commissioner Patrick, she could
not support the variance application.
Commissioner Kaplan stated that she was convinced that her first inclination was correct. Once the
property owner knew about the mistake, they proceeded at their own peril. She stated that she would
support Commissioner Patrick's and Chairwoman Bernald's recommendation of denial.
COMMISSIONERS PAGE/PIERCE MOVED TO APPROVE RESOLUTION NO. V-98-001.1 WITH
AN ADDED CONDITION THAT AN APPROPRIATE FINE IS TO BE ASSESSED. THE MOTION
FAILED 3-3 AS FOLLOWS: AYES: MURAKAMI, PAGE, PIERCE; NOES: BERNALD, KAPLAN,
PATRICK; ABSENT: MARTLAGE.
5. DR-99-004 & V-99-001 (503-26-007) - JAFARI, 20860 Fourth Street; Request for Design
Review approval to construct a new 3,177 sq. ft., two-story residence with a 1,468 sq. ft.
basement. The maximum height of the residence will be 21 feet, 8 inches. Variance approval is
requested to allow an 8 foot 10 inch second story side yard setback where a 10 foot setback is
required. Three ordinance-protected trees are proposed to be removed: a Coast Live Oak, a
Mexican Fan Palm and a Monterey Cypress.
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Planner Pearson informed the Commission that a letter was received dated April 26, 1999 from the
applicant stating that when they submitted the application, they were doing so with the understanding that
staff would support the variance. The letter indicates that the applicant was not aware until last week that
staff would not support the variance. He stated that the applicant is requesting that the Commission
continue the project so that they can work with staff to eliminate the need for the variance.
COMMISSIONERS PATRICK/KAPLAN MOVED TO CONTINUE THE PUBLIC HEARING TO
MAY 12, 1999. THE MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
6. DR-99-007, UP-99-007 & V-99-002 (397-24-007) - DUNCAN, 20211 La Paloma Avenue;
Request for Design Review approval to allow the remodeling/construction of a new 2,396 sq. ft.,
single-story residence and a detached garage of 601 sq. ft. Use Permit approval is requested to
allow the detached garage to be located within a rear yard. Variance approval is necessary to allow
an exterior wall to remain only two feet, six inches from a side property line where a six foot side
yard setback is required.
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Planner Pearson informed the Commission that the applicant may be requesting a continuance on this item
but that he did not have the request for continuance in writing. As Planner Pearson was presenting the
staff report, Scott Duncan, applicant, requested that this item be continued.
Chairwoman Bernald opened the public hearing at 9:30 p.m.
Scott Duncan, applicant, reiterated his request for a continuance for the variance to the next available
meeting date.
Commissioner Pierce asked if Mr. Duncan would like the opportunity to meet with the Commission in a
study session. Mr. Duncan responded that he would like the opportunity to sit down and meet with his
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APRIL 28, 1999
PAGE - 14 -
neighbors.
COMMISSIONERS MURAKAMI/PATRICK MOVED TO CONTINUE THE PUBLIC HEARING TO
MAY 12, 1999. THE MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
7. UP-99-004 & DR-99-023 (503-23-021) - SIEVERT, 20571 Brookwood Lane; Request for Use
Permit approval to locate a 971 sq. ft. garage/cabana with a maximum height of 12 ft. within the
rear yard setback of a 15,930 (net) sq. ft. parcel located in an R-1-15,000 zoning district. A
request for Design Review approval for the demolition of the existing 1,820 sq. ft. single-story
residence and construction of a new single-story 3,157 sq. ft. residence with a maximum building
height of 18 ft. is also proposed.
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Planner Ratcliffe presented the staff report. She informed the Commission that the project has been
reviewed by the City arborist and other city departments. She said that there are a few trees proposed to be
removed as part of this plan. Trees No. 4 & 8 are walnut trees that are considered to be in fair to poor
health by the city arborist and are proposed to be removed. Tree No. 6, a Monterey Pine, was initially
referred to as a fine specimen by the city arborist. She noted that a follow up memo from the arborist who
reviewed the tree again and indicates that the tree is showing some signs of distress. Staff is proposing
replacement value trees be provided. She mentioned that the plan before the commission has been
changed so that tree nos. 1, 2 and 3, the cluster of oaks to the right lower corner against Brookwood Lane
would not be impacted and informed the Commission that the applicant has incorporated the city arborist's
recommendations regarding the low fence and the posts. She noted that the property is constrained by a
very unusual configuration in addition to the trees discussed. The proposed residence would meet all the
current setbacks and floor area requirements unlike the present residence which intrudes into the side and
rear setbacks. She informed the Commission that the applicant has worked with staff on the material board
and the design in order to utilize colors and materials that would integrate the home well within the setting.
Staff feels that the design of the residence meets all the necessary findings and therefore staff can support
the design review application. The application is also requesting a use permit to allow the garage/cabana
three feet from the rear property line with a maximum height of 12 feet. Staff feels that given the
topography of the site as well as the step slope of the adjacent property, the use permit would have
minimal, if any, impact on the adjacent neighbor. Staff feels that the design is compatible with the
proposed residence and that staff can support the use permit.
Commissioner Page asked if a staff member approves the ISA certified arborist who will assist in the
pruning of the trees? Planner Ratcliffe responded that a certified arborist will submit a letter to the city
who will be doing the pruning work.
Commissioner Patrick noted that the Commission does not have plans for the cabana but that it appears
that it is to include two bedrooms. She asked if there was a likelihood from where it is situated that it is
going to be residential in nature. Planner Ratcliffe responded that if the cabana was to be used as
residential, it would have to have some sort of bathroom and kitchen facility which would not be permitted.
The Commission could add a condition to the resolution that the cabana is not to be used as a secondary
residents and that a bathroom and kitchen facility is not to be added to the structure.
Commissioner Kaplan noted that the cabana and garage are being built into a rear setback, and asked why
is it being considered a use permit instead of a variance request? Planner Ratcliffe responded that this can
be considered through a use permit process as long as a garage or accessory structure if it is encroaching
the rear yard setback. When an accessory structure intrudes upon a side yard setback, it would require a
variance.
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Chairwoman Bernald opened the public hearing at 9:38 p.m.
Randy Sievert, applicant, concurred with staff's recommendation. He informed the Commission that his
architect was not present this evening.
Commissioner Murakami referred to the roof plan and asked if the structure is to have an opening in the
middle of the house?
Larry Hall, project manager, informed the Commission that the middle of the home is designed to have a
flat roof in the middle of the home.
COMMISSIONERS PIERCE/BERNALD MOVED TO CLOSE THE PUBLIC HEARING.
Commissioner Patrick stated that given the unusual configuration of the lot and the intrusion of trees on the
lot that this may be the only appropriate siting of what the applicant is attempting to do. She did not
believe that the request was implausible nor incompatible with the neighborhood. Therefore, she stated her
support of the request.
Commissioner Murakami agreed that this was an unusual lot and that the home seems to be designed to fit
the lot. He felt that the design was appropriate and matches the neighborhood as much as it can. He felt
that the trees have been addressed very thoroughly. Therefore, he stated that he could approve the request.
Commissioner Page concurred with the comments expressed by his fellow Commissioners.
Commissioner Kaplan concurred that the lot is constrained.
Commissioner Pierce stated that he could support the project. He said that the Commission was shown a
nice rendering at the site visit. If he had not seen the rendering, he would have been confused about the
stained accent. He said that the rendering looked very nice and that he felt that the home would be a
welcome addition to the neighborhood. He stated that he could support the request.
Chairman Bernald concurred with the comments as expressed.
COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVED RESOLUTION UP-99-004. THE
MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE RESOLUTION NO. DR-99-023.
THE MOTION CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
8. DR-99-002 (517-20-015) - KLINE, 20121 Hill Avenue; Request for Design Review approval to
demolish an existing 1,800 sq. ft. single-story residence and construct a new two-story 4,253 sq. ft.
residence with a maximum height of 24 ft. on a 22,651 sq. ft. parcel located in an R-1-20,000
zoning district.
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Planner Ratcliffe presented the staff report. She said that a 36" tree noted on the plans was not addressed
in the arborist report and that the proposed construction does not come within 10-12 feet of the tree. The
existing house to be demolished comes 10-12 feet of the tree. She noted that there is an existing shed that
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APRIL 28, 1999
PAGE - 16 -
is close to the oak tree. Staff has included as a condition of approval that the arborist revisit the site and
address the demolition of these two structures and that the applicant follow the arborist's recommendation
as far as demolition and tree protection measures. She informed the Commission that the property slopes
down from Hill Road which would further reduce the size and bulk of the home from neighboring
residences. She indicated that the concerns that staff has had from the beginning is not the objection to the
architectural style of the home as it is well thought out. Staff has concern whether the architectural style is
appropriate for this neighborhood as the neighborhood is largely older single story, horizontal wood
shingle homes. She said that there are two homes on the historic registry located on the same block. Staff
has had some concern about the finding that the home is compatible in size and bulk with the rest of the
neighborhood. She indicated that a letter from the applicant was attached to the Commission's packet as
well as a petition signed by some of the neighbors in support of the house. She stated that the home does
satisfy the zoning requirements in terms of allowable floor area, minimum setbacks, maximum height and
impervious coverage. Staff feels that the material board presented is a rather pale, creamy yellow and
suggested that the color material board be altered to reflect darker, more natural earthtone colors.
Commissioner Murakami referred to the rear elevation and asked if a lot of time was spent modifying the
original proposal? He asked how many homes were on Hill Avenue, noting that only one person who
signed the petition resides on Hill Avenue and that the rest of the residents reside on Mendelsohn or
Bonnie Brae Lanes.
Planner Ratcliffe stated that the rear elevation has not substantially changed since the initial application.
The elevations that changed are the front elevations to give it an articulation versus having a straight, flat
wall. She informed the Commission that there are approximately 15 homes within the one block area
bordered by Mendelsohn, Bonnie Brae and Montalvo. In response to Commissioner Kaplan's question,
she indicated that one of the historic homes is located on the same side of the street of Hill Avenue, two
doors down. The other historic home is located on the opposite side of Hill Avenue and it is a flag lot.
Chairwoman Bernald opened the public hearing at 9:50 p.m.
Norman Kline, applicant, requested Planning Commission approval of the design review application as it
will become his family's residence. He informed the Commission that the existing home is 49 years old and
is in poor condition following many years of neglect and that the neighbors consider it to be an eye sore.
He requested approval of a two story French Chateau design. He informed the Commission that he
provided all neighbors with a copy of the exterior elevations before the Planning Department received
them. The neighbors were uniformly pleased with the design of the home, none expressing an objection to
the design. He stated that he would agree to change the color pallet to a brownish beige (earthtone color).
He submitted drawings that further articulate the design. He did not believe that the house would be a big
presence from the street and that he designed the home to be compatible with the homes two to three
blocks around the home and described the styles of homes immediately surrounding his property. He said
that the biggest concern of the neighbors was not having monstrous walls. The neighbors wanted the walls
stepped down three to four feet, preferring no fence walls at all to keep the open space feel of the backyard.
He distributed pictures of a similar design for the Commission's benefit and addressed privacy to be
provided with the proposed foliage. He stated that he was concerned with tree preservation, noting that all
mature trees are to be retained. He felt that the home is compatible with the existing neighborhood and
that he would protect the neighbors' privacy. He stated his concurrence with the conditions of approval as
stated by staff.
COMMISSIONERS PIERCE/PAGE MOVED TO CLOSE THE PUBLIC HEARING.
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APRIL 28, 1999
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Commissioner Pierce stated that he liked the design and felt that the neighborhood would be able to sustain
this design as there is a mixture of designs in the neighborhood. He said that the home is not as big as
some of the other homes. While it was a little more mass oriented than the surrounding homes, he felt that
the home would fit in. He stated that he likes to see variety in home designs in neighborhoods and that he
would support the colors being muted and that he could support the project.
Commissioner Page concurred with the comments expressed by Commissioner Pierce. He felt that it was a
great design and that he liked the style of the home. He felt that it was a neighborhood of lots of choices
and that the applicant may be setting the trend for future neighborhood designs as this is not a transitional
neighborhood but one with many opportunities and styles. He stated his support of the project with muted
colors to be worked out with staff.
Commissioner Patrick felt that it was a very nice design. However, she did not believe that the design was
compatible with the neighborhood. She felt that the homes in the neighborhood were contra the pictures
shown by Mr. Kline. She said that the two-story element did not bother her. It was the style that bothered
her and the lack of the use of wood siding. She stated that she could not support the project based on
incompatibility, even though it is a lovely design.
Commissioner Kaplan agreed that this is a French Chateau design. However she was not sure if this design
was appropriate on Hill Avenue. She felt that the home was lovely but that she did not care for the yellow
brick chimney and felt that the copper barrel dormer may be a little too much. In terms of compatibility,
she did not believe that the design fits in with the neighborhood. She acknowledged that there were big
homes in the area but not in the immediate neighborhood. She did not believe that this home was right for
this location as it does not contain the wood elements seen in other homes. Therefore, she could not
support the design.
Commissioner Murakami stated that the French Chateau style incorporates a squareness in design. He did
not have an objection to how the home was designed or the way it looks. He felt that the lots in the
neighborhood were large enough and spread apart far enough that the home would not stand out. He felt
that some of the older homes in the neighborhood would change over the years and be redesigned. After
looking at the design more closely, he stated that he could vote to support the project.
Chairwoman Bernald stated that she liked the design but expressed concern with the copper gutters.
Commissioner Patrick stated that if the copper gutters are not treated or sealed, they would leach into the
soil.
Chairwoman Bernald recommended that a condition be added that would require that the copper gutters be
sealed so that the concern about leaching is mitigated as a safety precaution. Otherwise, she stated that she
could support the project. She agreed with Commissioner Page that this is not a transitional neighborhood
but one of many opportunities and styles. Therefore, she could approve the application.
COMMISSIONERS PAGE/PIERCE MOVED TO APPROVE RESOLUTION DR-99-002 WITH THE
ADDITION OF THE FOLLOWING CONDITIONS: 1) COLORS TO BE MUTED PER STAFF'S
APPROVAL AND 2) COPPER ELEMENTS TO BE TREATED/SEALED. THE MOTION CARRIED
4-2 WITH COMMISSIONERS KAPLAN AND PATRICK VOTING NO AND COMMISSIONER
MARTLAGE ABSENT.
9. APPEAL (503-15-041) - WONG, 21252 Chadwick Court; Appeal by the applicants of an
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PAGE - 18 -
administrative denial of an accessory generator structure. The site is 2.8 acres and is located in a
Hillside Residential zoning district.
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Planner Bradley presented the staff report. She said that staff has determined that the location of the
generator was inappropriate due to the impacts to the visible hillside and due to the history of controversy
over the site and the fact that grading activity and retaining walls were required by the Planning
Commission to be kept to a minimum on the hillside. Therefore, staff denied the applicant's request. The
applicant felt that the proposed location of the generator structure to house a 23 kilowatt emergency
generator was a reasonable request to attenuate sound and to screen the generator, resulting in an appeal to
staff's denial. Staff recommended that the Planning Commission uphold staff's denial and that the
applicant be requested that the applicant work with staff to choose a more appropriate location on the site.
Chairwoman Bernald opened the public hearing.
Rosemary Wong, applicant, referred to page 18 of the handout distributed to the Planning Commission this
evening and a letter from Community Development Director Walgren that states that the accessory
structure meets all minimum code requirements and that the accessory structure would not normally
require public notification. The letter further states that he could not prevent her from requesting
something that would otherwise be permitted by zoning ordinance. She requested Planning Commission
approval of the accessory structure on her property. She displayed a foil that depicts the location that she
and staff agreed would be an appropriate location for the generator as the front portion of the home is
limited. When she first presented the plans to Planning staff, approval was given by staff and that grading
commenced on the site to install the emergency generator. It was at that time that the Starks generated a
complaint about grading of the hillside and wanted to know what was going on. The plans were discussed
with Planning staff who then felt that she could come up with a better design. She said that there was no
reason to redesign the accessory structure and recommended that an accessory structure be used to hide the
emergency generator. Because of the slope of the hillside, she felt that very little of the accessory structure
would be seen. This was a viable alternative as it would lesson the sound of the generator housed within
the accessory structure when it goes off. It would disappear into the hillside and be a part of a continuing
structure of her home. Any retaining walls to be built would be hidden into the hillside and would also be
hidden by the accessory structure. She noted the location of the Starks' property in relationship to her
property. She distributed a letter from the property owner located between the Starks and Chadwick Court
stating support of the request before the Commission. Also, page 24 of the packet is a letter from a
property owner located on the other side of Chadwick Court in support of the accessory
structure/emergency generator. She noted that these two neighbors have the largest property line adjacent
to her and are in support of her project. She requested Commission reconsider staff's denial of her project.
Harry Wong, co-applicant, referred the Commission to page 25 of the staff report, a letter from the Starks
in response to Director Walgren's letter. The first paragraph addresses the past history of this item and that
the second paragraph addresses the present home. He said that tonight's meeting is not to address the
present home but to address the accessory structure which does not require Commission approval. He felt
that he has been harassed for three years, causing nine months of delay. He did not appreciate being
accused of selling electricity back into the grid (page 15 of the staff report). He also did not appreciate the
Starks sending a letter to the City Council, circumventing and accusing the Planning Commission as
having lied and being unethical. It was his belief that he is here today not for the accessory structure but
that the Starks are using this podium to continue a seven year battle with the Planning Commission. He
recommended that the Starks and the Planning Commission settle its differences outside and not make
them pawns of intermediary problems. He requested Commission support of the request.
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Mrs. Wong informed the Commission that she could not inform them as to the generator's kilowatts but
that if it is to run full power, it will only run 24 hours. She said that the diesel component is a separate unit
in the same location.
Planner Bradley informed the Commission that the information provided by the Wongs indicate that this is
to be a 23 kilowatt generator.
Commissioner Murakami said that he was not sure why a generator of this size was needed. He asked if
this generator is going to be used during a power outage? He said that it was strange to see a structure of
this size on a hillside. Mrs. Wong responded that the emergency generator was to be used during a power
outage. She informed the Commission that two electricians advised her of the kilowatts necessary to serve
her home during an emergency.
Chairwoman Bernald indicated that her husband operates a radio station in Africa. She spoke to her
husband about this issue and that he indicated that he felt that a 10 kilowatt generator would suffice for the
size of the home to provide heating, lighting and electricity. Therefore, she expressed concern with the size
of the generator.
Commissioner Kaplan also expressed concern with the excessive size of the generator. She said that she
has a generator approximately the size of a micro wave oven on her back porch. She said that the micro
wave/oven size generator was more than enough to keep her home warm, intermittently, when there is a
power outage. She stated that she could not imagine why, during a short period of power outage, would
necessitate the use of a television, etc. She felt that a generator should be used for an emergency to
provide lighting and to keep a house warm. She asked why this size of a generator was needed?
Mrs. Wong responded that she received two different opinions from two electricians, both indicating that
the 23 kilowatt generator was necessary to service the size of her home. She stated that she went to look at
different homes of similar size and found that the homes have even larger generators. She chose to go with
this smaller generator.
Commissioner Kaplan asked if the original landscape plans indicate approval of a six foot deep crypt on
the hillside? Planner Bradley informed the Commission that the landscape plan is displayed on the board.
The landscape plans depict a pathway and small stairs going down to the winding paths. To her
knowledge, the trench was dug without benefit of building permits. However, she could not state for sure
that permits would be required as generally, anything over 50 cubic yards up to a depth of two feet,
requires a grading permit. She indicted that the area was covered when she visited the site.
Commissioner Page stated that he stood in the excavation and that it was approximately ten feet wide and a
depth of approximately four feet.
Based on the information provided by Commissioner Page, Planner Bradley confirmed that excavation of
this size would require a grading permit.
Bob Stark, 21247 Chiquita Way, stated that he just read the Wong's letter and that it upsets him greatly.
The letter portrays he and his wife as being unreasonable. He stated that he did not have anything against
the Planning Commission, staff or anyone. He was just trying to protect his environment. When he moved
to Saratoga seven years ago, he and his wife reviewed the original house plan on the Wong's property,
noting that the plans are nothing that is seen today. He said that the Wong's letter illustrates why this could
become a big problem as they do not consider him his neighbor. The location of the accessory building is
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APRIL 28, 1999
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sited so that his home gets all the negative impacts of the building. He said that sound carries through the
hills and valleys. He expressed concern with sound and views and requested that the Commission deny the
request.
Daisy Stark, 21247 Chiquita Way, indicated that the planning of the Wong's home commenced over four
years ago and ever since this time, the neighbors have been meeting with the Planning Commission every
single year. She said that the Planning Commission approved the house design even though five neighbors
objected to its approval. The neighbors did not believe that they would have to come before the
Commission again because the home would be built according to approved plans and conditions. Shortly
after the plans were approved, the Wang's started to make changes and now they want to add a structure.
She stated that she can understand minor changes but felt that these were major changes. She said that
neighbors share backyards, thus the need for neighborhood planning. She felt that new homes are suppose
to blend in with existing homes and maintain the existing environment. She felt that the generator
structure imposes on her directly in terms of sound, sight and emission. She indicated that she is a
mechanical engineer, working on generators all the time. She did not believe that this was an emergency
generator for a normal household. She is aware of what acoustics can and cannot do. She felt that when
the generator is used, the entire neighborhood would wake up. She requested that the Commission deny the
appeal.
Ranjeet Pancholy, 21215 Chadwick Court, indicated that he is the property owner located at the bottom
right side of the map. He said that the proposed location of the generator is not directly in his line of sight.
He respected the Wong's desire to have a generator as it is a perfectly normal request. He also understood
the Stark's concerns. He recommended that a compromise be achieved with the approval of a smaller
generator or that the generator be relocated to an area that would be less obtrusive.
Lou Basile, 15216 Cooper Avenue, San Jose, builder of Mr. and Mrs. Marcinkowski's home located
between the Wong's property and Mr. Pancholy's property, informed the Commission that the
Marcinkowskis wrote a letter to the City and hoped that it made it into the Commission's packet. The letter
lends their support to the addition proposed by the Wongs. They felt that with staff's assistance, it will be
done in good taste and that with mitigations can resolve problems that may exist. He said that the size of
the generator will be determined by the load. He did not know whether 23 or 10 kilowatts would make
that much of a difference to the visual impact. He noted that the Wongs were trying to tuck the accessory
structure into a hill and make it part of the landscaping. He said that the exhaust will be less as there will
be less pull and the noise mitigation raised can be handled. He said that he has not been requested to
design a generator in any of the homes that he has built.
Luanne Nieman, 13217 Padero Court, addressed the process to which the neighbors have come
tonight. She objected to the fact that grading was done on the weekend. She said that she was able to hear
the grading even though she was not able to see what was going on. She said that grading also occurred
during the winter months and that the neighbors were assured at the time that the illegal grading was done
that there would be no grading after November 1 and that there would be no grading through the winter
months until about March or April. She felt that it was unusual that there was digging on the hill on the
weekend in January and February. She did not even realize that the proposed structure was being built
until she received the appeal notice which occurred while she was out of town. She said that she was lucky
to be able to review the project today, after the fact.
Planner Bradley clarified that staff sent notices to the immediately adjacent neighbors to this property that
would be most impacted because this was a staff level decision.
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APRIL 28, 1999
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Mrs. Nieman stated that the area residents hear everything that goes on in the hill and that this emergency
generator would impact her.
Mrs. Wong responded to the sound issue and stated that placing the emergency generator in the accessory
structure attenuates the sound to that of a leaf blower. To place it outside in a location recommended by
staff would result in the generator being sited at the top of the driveway at the top of the hill. This would be
louder in sound even with a sound attenuator attached to it. The Fire Department's preference would be to
place the generator inside the structure for safety and sound reasons. As far as the emissions, she hopes
that she will never have to use the generator except to fire it up to keep it running. She stated that she is
environmentally aware that all kinds of mitigations will be performed to not pollute the environment.
When originally graded, it was graded to provide enough space to attach a sound attenuator to keep the
sound down. Even though it was going to be buried in the hill, it had a rolling type roof on top of it. She
said that the hole seen yesterday by the Planning Commission at the site visit is not the depth that the
actual structure would be on the hillside.
COMMISSIONERS PAGE/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING.
Commissioner Page asked if staff knew what the original cut and fill of the house (total).
Planner Bradley responded that the driveway cut was 58 cubic yards, the residence cut was 550 cubic yards
and driveway fill of 1,188 cubic yards and residence fill of 22 cubic yards, noting that the cut and fill
exceeded the 1,000 cubic yard recommended limit.
Commissioner Kaplan informed the Wongs that the Commission went inside the home and congratulated
them on their beautiful home. She felt that this has been a long and rancorous project. She could not see a
reason for a crypt with a generator on this hillside. She is familiar with the sound bouncing around the
hills. She felt that this generator would have a tremendous impact on the neighbors. She stated that she
did not like the fact that this much digging occurred without a permit. She felt that a generator could be
accommodated under the house or under the deck located on the backside of the home. Therefore, she
could not support the request.
Commissioner Murakami felt that the site was inappropriate for this size of a generator. If this was a flat lot
in a regular neighborhood, he felt that the generator would be acceptable. However, at this location, it
would be viewed. He felt that the generator could be moved to another location, away from its proposed
location. He understood that the generator would not be used often. However, when a generator of this
size is fired up, they are noisy. If this is a diesel generator, it would emit a smell that is not pleasant and
that the Wongs will need to be careful where the generator is placed. He felt that the Wongs have the right
to have a generator, but not in this location.
Commissioner Patrick stated that living in the hillside is different from living in flat areas. She suspected
that once the generator is fired up, it will be at a time that individuals use their fireplaces, noting that
everyone can smell a fireplace in a hillside due to the difference in air currents. Lights and noise can also
be seen and heard more distinctly in the hillside. She stated that she would be more comfortable with the
application if the generator was to be placed closer to the Wong's garage/retaining walls as it would be less
obtrusive to the neighbors. It was her belief that she would be able to hear the generator even though her
home is several hills over. Therefore, she was not inclined to approve the location of the generator. Also,
she was not thrilled with the digging that occurred on the hillside as it was her recollection that this area of
the hillside was fairly sensitive to slides. She said that it was unfortunate that an open hole has been dug in
PLANNING COMMISSION MINUTES
APRIL 28, 1999
PAGE - 22 -
this area. She felt that the Wongs should be more concerned about the area around the beautiful trees,
noting that people are driving under the trees, thus compacting the dirt around the trees. She did not
believe that the tree protection fencing was up at all times.
Commissioner Page stated that the Commission visited the yard area of the property to try and find an
alternative location for the generator. Because the Wong's property is on a hillside, he felt that the
residents around the Wongs were immediate neighbors. He felt that the sound would be a great impact.
He agreed with the comments that the smoke would also be an impact. With the additional cut and fill that
would be required, he did not believe that it was appropriate to make another exception.
Commissioner Pierce felt that the question before the Commission was whether or not it should approve
the structure at its proposed location. He said that there was no question in his mind that the generator
should not be approved where it is proposed as it is too much of a dramatic affect to the area, to the
neighbors and to the beautiful hillside that the Commission worked so hard to save. He said that there are
other issues to consider such as whether a generator of this size was needed. He personally did not believe
that a generator of this size was needed.
Chairwoman Bernald concurred with the comments expressed by her fellow Commissioners. She felt that
it was a shame that this much cut was done for the generator and that she did not believe that a generator of
this size was needed. Therefore, she could not support the appeal.
Planner Bradley stated that per yesterday's site visit and the concerns raised regarding the trees, staff
contacted the city arborist. She informed the Commission that the city arborist will be visiting the site.
COMMISSIONERS PIERCE/PATRICK MOVED TO DENY THE APPEAL. THE MOTION
CARRIED 6-0 WITH COMMISSIONER MARTLAGE ABSENT.
DIRECTOR ITEMS
No director items were noted.
COMMISSION ITEMS
IT WAS THE CONSENSUS OF THE COMMISSION NOT TO RECEIVE PUBLIC TESTIMONY ON
THE COMMISSION ITEMS.
- DR-97-027.1 (397-22-030) - HARKEY, 20385 Park Place; Request for modification of an
approved Design Review application to allow the door of the detached garage to face the alley.
Planner Pearson presented the staff report and indicated that a use permit was approved in conjunction
with the design review for the home on Park Place. The use permit was required for the garage to be
placed within the rear yard setback. The original proposal had the garage door perpendicular to the alley
with a curved in driveway with a 90 degree curve for cars to be able to travel from the alley into the garage.
Following construction, the builder realized that the grade changed that one would experience stepping out
of the back door area to the driveway. The applicant decided to locate the garage door directly facing the
alley to avoid having a slope turning driveway. The applicant provided a letter from the Saratoga Fire
Chief noting that "no parking" signs would be required to be posted along the alley. This would eliminate
the problem of potential cars parking in the alley that would prevent access to the garage. He informed the
Commission that he has spoken with the fire chief who has indicted that he may relax the requirement for
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APRIL 28, 1999
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the "no parking" signs but that this is something that would need to be worked out between the fire district
and the public works department. The fire chief is mainly concerned that an 18 foot wide access way is
maintained. He said that there are several letters in the Planning Commission's packet from the neighbors
objecting to the modification of the use permit due mainly to the concern of the limited visibility of cars
coming in and out of the garage. For this reason, staff recommends that the Commission deny the request
to modify the use permit. The Commission also has a letter dated April 28, 1999 from the builder's
arborist verifying that the fencing around the oak tree at the front of the property is back up and the
problem of debris being stored under the oak tree has been taken care of. He indicated that the city arborist
will be visiting the site to inspect the fencing.
Commissioner Page stated that Mr. and Mrs. Schuppert stopped by this evening to express their concerns.
Commissioner Kaplan asked if the removal of the fencing was a violation of the terms and conditions of
the approval? If so, is there a daily penalty that would be assessed? Planner Pearson responded that a
penalty is a standard condition on all resolutions.
Commissioner Page stated that there was much discussion in the letters regarding the height level of the
alley/back yard elevations. He asked if this elevation is proposed to change? Planner Pearson responded
that the alley elevation is not proposed to be changed. He indicated that the pad of the garage is lower than
the alley and said that the alley is on a slope. If the cars are to come straight out of the garage directly onto
an alley, there is less of a grade change versus the location where the driveway has been approved as there
is more of a grade change.
Commissioner Kaplan said that the Commission drove through the area yesterday and stated that she did
not understand the problem as this is a small alley. It made more sense to have individuals back onto an
apron off the street than it is to back directly onto what seems to be a smaller depth, backing onto a fence,
opposite the garage door. She did not see a reason to change the design.
Commissioner Patrick agreed with Commissioner Kaplan as the Commission studied this project in depth.
She did not see a reason to change it.
Commissioner Murakami felt that the issue should have been raised at time of design review and have the
change in design incorporated at that time. He felt that it was inappropriate to change it at this time.
Commissioner Pierce agreed with the comments expressed.
Commissioner Page felt that this was an opportunity to install some greenery instead of cement. However,
in light of the pandora box that this would be opened, he recommended that no changes be approved.
Chairwoman Bernald concurred with the comments expressed by her fellow Commissioners.
NO ACTION TAKEN.
- REVISED SIGN PROGRAM - ARGONAUT SHOPPING CENTER; Request to modify the
sign criteria and colors for tenants at the remodeled Argonaut Shopping Center.
Commissioner Kaplan asked if there were other drawings than those provided to indicate what the signage
will look like? She asked how bright the internal lighting is to be? Planner Pearson informed the
Commission that the project architect has not provided any renderings of the particular sign design. He
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APRIL 28, 1999
PAGE - 24 -
stated that the applicant has broken the information into sections for the anchor tenants, the pad buildings
and the rest of the tenants. All of the stores with the exception of Longs and Safeway, are proposed to
have individual letters that are metal on the front and sides, internally illuminated that will shine out the
back side of the letters. The letters are to be spaced approximately an inch away from the wall. The two
colors proposed are black forest (green) and cranbrook for all the non national tenants. The applicant is
requesting the discretion of designating certain tenants as national tenants and that the national tenants
would be allowed to use their own corporate colors.
Chairwoman Bernald asked if this request was a great departure from the city's sign ordinance? Planner
Pearson responded that the revised sign program complies with the city's sign ordinance as the sign
ordinance addresses size and location of signs.
Commissioner Murakami asked if any indication has been given as to how many national tenants are going
to locate in the shopping center besides Safeway, Longs, and Starbucks? Planner Pearson responded that
they have not.
Planner Bradley said that the sign color is a matter whether the Commission would like to see a variety in
color or whether the Commission wants more uniformity in color. She indicated that no neon signs would
be allowed and that all signs would be individual can, internally illuminated signs.
Commissioner Kaplan stated that she would like to see some consistency in the colors of the signs as the
building has enough color. She expressed concern with giving the landlord the discretion of calling a
business national versus a local business. She did not see a need to change the sign program.
Planner Bradley informed the Commission that the sign ordinance does allow logos to be different than the
approved colors and that they would provide a variety in color.
Commissioner Patrick felt that the applicant should have learned by now that "suggested tenants" should
not be indicated on the plans as this is where they got into a problem with Starbucks. She said that the
question would be which businesses are national and which ones are not. She said that she has a difficulty
in allowing the landlord to determine this carte blanche determination. She felt that the city's sign
ordinance was clear enough that the logos of businesses with established logos can use different colors.
Therefore, she was not sure if she wanted to change this. It was her recollection that the Commission has
not approved the color scheme for the signs and that the applicant was to return with the proposed colors
when they were selected.
Commissioner Kaplan stated that she would like to see colored renderings or pictures that would provide
the Commission with a sample sign that contained the colors proposed.
Commissioner Page recommended that the circular Starbucks logo on Blauer not be illuminated to address
the neighbors' concerns.
Planner Pearson brought to the Commission's attention that the back side of the fourth page contains a
memo from Community Development Director Walgren dated October 10, 1997 stating that sign colors
were left up to staff. He indicated that Mr. Walgren designated the four sign colors from the color board
from the shopping center itself.
Chairwoman Bernald concurred that if there is to be any signs to be located on the Blauer side of the
PLANNING COMMISSION MINUTES
APRIL 28, 1999
PAGE - 25 -
shopping center, that they not be illuminated.
Commissioner Kaplan stated her support of the colors identified in the Commission's packet (plum, suede,
rose and jade).
Commissioner Page did believe that anything that reflects light should be approved. He felt the colors
proposed and the light on them may be alright.
IT WAS THE CONSENSUS OF THE COMMISSION THAT NO INTERNALLY ILLUMINATED
SIGNS ARE TO BE ALLOWED ON THE BLAUER SIDE OF THE BUILDING. SIGN COLORS TO
BE PLUM, SUEDE, ROSE AND JADE AS IDENTIFIED BY STAFF.
- Appointment of Bicycle Advisory Committee representative.
Commissioner Patrick recommended that this item be continued to the Commission's next meeting so that
the new Commissioners can participate in this opportunity.
IT WAS THE CONSENSUS OF THE COMMISSION TO DEFER THIS ITEM TO THE NEXT
MEETING TO ALLOW THE NEW COMMISSIONERS THE OPPORTUNITY TO PARTICIPATE ON
THIS ITEM.
Commissioner Kaplan recommended that staff re-notice the election of a new vice chair since the current
vice chair has been removed from office.
Chairwoman Bernald noted that tonight, the City is saying goodbye to four of its Planning Commissioners:
Commissioners Murakami, Kaplan, Pierce and Martlage. Together, they represent over 18 years of
planning commission experience. She stated that Commissioner Murakami was thoughtful, considerate,
insightful and dedicated Commission member who carefully analyzed plans, treated applicants with respect
and made new members feel welcome and supported. With his departure, the Commission looses its
resident historian. In Commissioner Kaplan, the Commission has had an ever vigilant watch dog who has
made it her mission to protect trees and keep Saratoga free of illegally parked trucks and trailers and
unsightly abandoned appliances. As a result of her determination and dedication, the City of Saratoga
instituted a trend setting fireplace ordinance which will keep the air cleaner for all Saratoga citizens. She
has taught new Commission members to be direct and frank and to do battle for just causes. With
Commissioner Pierce, the Commission had a born arbitrator and negotiator who has worked continuously
to have the Commission explore all sides of an issue and find the best possible solution. All
Commissioners and applicants alike have benefited from his soft spoken and polite manner, his dedication,
his consistency and his legal purview. In Commissioner Martlage, the Commission had a talented caring
member, who with her artistic background and sensitive eyes has taught the Commission about balance
and beauty, architecture and aesthetics. She stated that it has been a please to serve with these four special
individuals. While the Commission come from different backgrounds, live in different neighborhoods and
have different view points, the Commission has worked well as a team. The Commission has agreed to
disagree, debate and investigate, question and vote and then move on. She stated that the Commission and
the community will miss these four Commissioners and thanked them.
Commissioner Kaplan stated that it has been a privilege to serve as a Planning Commissioner. She stated
that she wanted to serve as a Planning Commissioner because she firmly believes that everyone has a civic
responsibility and felt that the city has benefited in some regard. She has personally benefited on serving
on a commission where a few individuals have rotated through the Commission, indicating that they are
PLANNING COMMISSION MINUTES
APRIL 28, 1999
PAGE - 26 -
the finest people who reside in the city. She felt that this Commission in particular has been a great group.
Another part of her personal satisfaction was the privilege of working with planning staff. She was sorry
that Community Director Walgren was not present this evening. She wanted him to know that she
appreciated the professionalism and dedication of planning staff under this tutorage. She said that it was
unusual to have a majority of new commissioners coming in with no experience and that they have a lot to
learn. She felt that in three to four years, they will become comfortable with their position as a Planning
Commissioner. Until then, they can expect to spend three to four hours per packet, if not more. She felt
that this was critical and that it was also critical that they attend the land use visits. Decisions will be made
that are very important to individuals but that in the giant scheme of this world, they are insignificant. She
recommended that the new Commission do the best job that it can but that it. She urged the citizenry to sit
up and take notice also that demographic changes are occurring. She urged the citizenry to keep its eyes
open, participate and be good citizens. She thanked everyone for the opportunity to serve the community
and wished everyone well.
Commissioner Murakami also thanked staff and stated that it has been a pleasure working with staff. He
said that he would have liked to have said goodby to Community Development Director Walgren tonight
as he has worked with him seven and a half years. He stated that this is one of the best Commissions that
he has worked with. Even though it may not agree on everything, it is very civil on how it conducts itself
and that there is always a good working relationship. He noted that things change and things go on. He
said that he will miss the comradeship he had with the Commission and wished the Commission luck.
Commissioner Pierce stated that it has been an enjoyable three and a half years for him to be involved with
staff and the various commissions he has worked with. He said that the Commission has been wonderful
people and staff has been great. He acknowledged that it takes time to serve as a Planning Commissioner
but that it is a rewarding experience knowing that you are doing something to help the community. He felt
that his experience on the Park and Recreation Commission has also made him a better citizen of Saratoga
and thanked the city/community for this opportunity.
Planner Bradley informed the Commission that on May 19, 1997 the City Council will be presenting
proclamations to the four outgoing Commissioners.
COMMUNICATIONS
Written
- Minutes for City Council Meeting of April 7, 1999
- Notices for Planning Commission Meeting of May 12, 1999
- Chairwoman Bernald noted that a letter was received from Ellis and Barrett, a professional
law association regarding the Lau property.
ADJOURNMENT TO NEXT MEETING
There being no further business, Chairwoman Bernald adjourned the meeting to Wednesday, May
12, 1999, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
PLANNING COMMISSION MINUTES
APRIL 28, 1999
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MINUTES PREPARED AND SUBMITTED BY:
Irma Torrez
Minutes Clerk