HomeMy WebLinkAbout02-12-1997 Planning Commission minutes,~: ~ INNING COMMISSION MINUTES
FEBRUARY 12, 1997
City Council Chambers, 13777 Fruitvale Avenue
Regular Meeting
Chairwoman Kaplan called the meeting to order at 7:35 p. m.
Roll Call
Present: Abshire, Bernald, Kaplan, Patrick, Pierce, Siegfried
Late: None
Absent: Murakami
Staff: Community Development Director Curtis, Planner Walgren, and Public Works
Director Perlin. City Attorney Riback was not present.
Minutes - 1 /22/97
COMMISSIONERS BERNALD/PATRICK MOVED TO APPROVE THE JANUARY 22, 1997
AS WRITTEN. THE MOTION CARRIED 6-0 WITH COMMISSIONER MURAKAMI
ABSENT.
Oral Communications
No comments were offered.
Report of Posting_AQenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
February 7, 1997.
Technical Corrections to Packet
Planner Walgren noted one correction to Item 3, page 3, in the setback tables -setback code
requirement is 42 feet not 47 feet. He said that the building maintains a 43-47 foot setback not
a 42-foot setback.
CONSENT CALENDAR
1. UP-96-018 - STARBUCKS COFFEE CO., 14416 BIG BASIN WAY; Request for
Use Permit approval to remodel an existing 1,200 sq. ft. retail store for a new
restaurant/coffee shop. Use Permit approval is also requested to allow the use of eight
on-site parking spaces where 16 spaces are required. (Request withdrawn by the
applicants. Withdrawal letter attached).
Chairwoman Kaplan stated that she spoke with Mr. Taylor, Starbucks Coffee Company, last
week.
'PLANNING COMMISSIOI~NUTES •
FEBRUARY 12, 1997 .
PAGE - 2 -
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE CONSENT CALENDAR
ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 6-0 WITH COMMISSIONER
MURAKAMI ABSENT.
PUBLIC HEARING CONSENT CALENDAR
PUBLIC HEARINGS
2. DR-96-056 & UP-96-016 - ARGONAUT ASSOCIATES; SARATOGA-
SUNNYVALE RD. AT BLAUER DR.; Request for Design Review approval to
redevelop and expand the Argonaut Shopping Center by renovating the existing
commercial structures and constructing two new free-standing buildings. Use Permit
approval is necessary to allow the existing 30,070 sq. ft.
Safeway Supermarket to be expanded by 10,720 sq. ft. pursuant to Chapter 15 of the City
Code. The property is located in aCommercial-Neighborhood zoning district.
(Continued from 1 /22/97 to prepare approval Resolutions for Commission review
and adoption; City review deadline is 4/25/97).
Chairwoman Kaplan clarified that the only issue on tonight's agenda relates to the conditions of
approval.
Planner Walgren presented the staff report. He informed the Commission that Public Works
Director Perlin was present this evening to clarify condition 12 contained in the resolution of
approval.
Public Works Director Perlin addressed condition 12 as follows: Condition 12a refers to the
requirement to underground utility services on site. Condition 12b refers to the undergrounding
of utilities on Saratoga/Sunnyvale Road. The intent is to have the applicant participate in an
assessment district and pay a proportional amount for undergrounding approximately 700 ft . 'of
overhead lines in the future, reducing the cost to the applicant. The city would be requesting that
the applicant agree to participate in the district and to post a performance bond for $300,000.
Condition 12c clarifies what exists on the improvement plans (i.e., installation of curb and
sidewalk along both Saratoga-Sunnyvale Road and Blauer frontages, including a bus turnout and
bus stop and shelter. Condition 12d refers to the median island on Blauer Drive. The applicant
is to submit plans to the Public Works Department for approval depicting layout of the median
and landscape. Condition 12e requires the posting of a performance bond for the improvements
required under conditions 12c and 12d. He stated that the City Council is interested in pursuing
undergrounding utilities along Saratoga Avenue beginning at Fruitvale heading toward the Village
and Saratoga-Sunnyvale Road beginning at Pierce Road. Staff has begun the process to form an
assessment district along Saratoga Avenue. He expects that the undergrounding of utilities would
occur in 1998 or 1999.
Chairwoman Kaplan opened the public hearing at 7:48 p.m.
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PLANNING COMMISSION MINUTES
FEBRUARY 12, 1997
PAGE - 3 -
Ed Storm, developer, addressed the following conditions: Condition 2d - it was his belief that
the proper way to handle the south left turn lane was by median control on the property. He
requested the deletion of the two bullets. Condition 2e -clarification needs to be included that
seven parking spaces were given up in order to accommodate additional landscaping (no credit
given for seven spaces for future applications). Condition 12e -expressed concern with the
maintenance of the median landscape as it a public right of way and with the liability associated
with its maintenance. Condition 12a - he did not believe that the additional 12,000 square foot
was a large financial expansion to justify $300,000 worth of undergrounding of utilities. It
appears to be a disincentive to proceed with expansion and improvement of the site. It was his
belief that others were having the utilities undergrounded without having to pay for its cost.
Mark Kocir, 12795 Saratoga-Sunnyvale Road, addressed the ingress and egress of the shopping
center on Saratoga/Sunnyvale Road directly across from Brandywine Drive. He noted that a
signal light is not installed in this area. He said that there are ten different traffic patterns that
can be taken without a signal light. He asked if consideration was given to restricting left turns
into the shopping center? Chairwoman Kaplan informed Mr. Kocir that the resolution contains
a condition that addresses his concern.
Commissioner Siegfried informed Mr. Kocir that the Commission eliminated the ability to make
a left turn out of the shopping center.
.Public Works Director Perlin said that several alternatives were discussed at the last meeting and
that it was his belief that elimination of left turns out of the center was the solution accepted. He
said that the medians are to be maintained by a landscape and lighting district. He stated that
with the passage of Proposition 218, it makes it difficult to establish a landscape and lighting
district. He said that the City is looking at entering into an agreement with the property owner
to perform the maintenance. He indicated that some property owners pay for the undergrounding
of utilities, depending on the development or improvements made to their property. Staff felt that
the improvements, in this request, are substantial and would require participation in the
undergrounding of utilities. Under Rule 20, the City will be contributing to the undergounding
of utilities. He said that the Kennedy subdivision was conditioned to pay for undergrounding of
utilities, entered into an improvement agreement and have posted a bond.
Commissioner Siegfried said that he recalls that property owners were required to underground
utilities but that he did not recall whether property owners were required to post a bond. He felt
that in order to ensure that the owners or future owners participate would be to require a
guarantee to be posted.
Mr. Storm stated that liability for the maintenance of the median would need to be addressed by
the City Attorney. He felt that there was a difference between a subdivision and improvements
to a retail center by which you can pass the subdivision improvement costs to the buyer of the
property. He said that improvement costs would not be past on to the center's tenants.
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FEBRUARY 12, 1997
PAGE - 4 -
Commissioner Pierce said that he paid the cost of undergrounding utilities for a remodel to his
home.
Chairwoman Kaplan noted that two new buildings are being proposed under this application, not
just a renovation of the center.
Public Works Director Perlin said that there is a 50% threshold of expansion or improvement
that triggers participation in a district. If the property owners decide to wait on the renovation,
the property would not be included in the district until such time that an expansion and/or
improvements are requested by the property owner.
Planner Walgren said that condition 2e addresses the landscaping and creek bank improvements.
The application includes a request to deviate from the parking standards. The plans are being
approved as depicted on Exhibit "A" with no special restrictions in terms of future uses. He
recommended that a paragraph be included in the resolution of approval that clarifies that the
parking is approved and that there is to be no restriction, no matter the type of use proposed.
Commissioners Patrick/Bernald moved to close the public hearing at 8:16 p.m.
Commissioner Pierce expressed sympathy with Mr. Storm's concern regarding the expense of
undergrounding of utilities. However, the request is for a major development and that it would
be capitalized over many years.
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR-96-056
WITH THE FOLLOWING AMENDMENTS.
- Condition 2d -first bullet amended to delete the words "d~e~}ng" and "oF. "
- Condition 2d -second and third bullets to be deleted.
- Condition 2e -amended to further clarify that parking for future uses will not be
restricted.
- Condition 12 to be replaced with amended condition 12 distributed to the Commission
this evening, further amending condition 12b to require the applicant to maintain the
landscape median subject to city attorney review of the liability issue.
THE MOTION CARRIED 6-0 WITH COMMISSIONER MURAKAMI ABSENT.
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION UP-96-016
AS RECOMMENDED BY STAFF. THE MOTION CARRIED 6-O WITH COMMISSIONER
MURAKAMI ABSENT.
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FEBRUARY 12, 1997
PAGE - 5 -
3. DR-96-060 - P1NN BROS. CONSTRUCTION, 20775 PONTIAC AVENUE
Request for Design Review approval to construct a new 4,048 sq. ft., one-story single
family residence on a 14,668 sq. ft. parcel per Chapter 15 of the City Code. The
property is located in an R-1-12,500 zoning district.
Planner Walgren presented the staff report.
Chairwoman Kaplan opened the public hearing at 8:25 p. m.
Chuck Bammarito, representing Pinn Brothers Construction, informed the Commission that this
is a spec home.
Commissioners Siegfried/Patrick moved to close the public hearing at 8:25 p.m.
Commissioner Abshire said that he found the design to be compatible with that of the
neighborhood.
Commissioner Pierce said that the design did not appear to be massive and supported its design.
COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE RESOLUTION DR-96-60.
THE MOTION CARRIED 6-0 WITH COMMISSIONER MURAKAMI ABSENT.
4. DR-96-059 - PINN BROS. CONSTRUCTION, 19825 DOUGLAS LN.; Request for
Design Review approval to construct a new 6,092 sq. ft., two-story single family
residence on a 4,991 sq. ft. parcel and a request for an exemption from the floor area
reduction requirement for buildings over 18 ft. in height per Chapter 15 of the City
Code. The property is located in an R-1-40,000 zoning district.
Planner Walgren presented the staff report. He informed the Commission that the Heritage
Preservation Commission reviewed the existing Crowell house structure listed on the Heritage
Resources Inventory at time of subdivision review. The Heritage Preservation Commission
requested that the structure be documented. It was their belief that the changes that have occurred
to the building over the years have significantly decreased the historical significance of the
structure. They had no concerns or objections to what happens to the structure having achieved
their objective of documenting the building. Staff required that the map be configured to retain
the building to engage future possibility of purchasing the property and retaining the home. The
applicant proposes to remove the structure as no one has stepped forward to purchase the home.
Staff recommends that the leg of the circular drive within tree #1 be eliminated to preserve the
tree and that a single access be allowed to the garage. Also, being requested is an exception to
the allowable floor area. Staff supports the request to the floor area reduction exception. He said
that the city arborist recommends mitigation measures to protect the tree if the applicant wishes
to retain the circular driveway.
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PAGE - 6 -
Chairwoman Kaplan opened the public hearing at 8:30 p. m.
Chuck Bammarito, representing Pinn Brothers Construction, said that Mr. and Mrs. Rocke have
purchased the property. He informed the Commission that he met with Mr. Coate regarding oak
tree #l and mitigation measures were discussed to protect the oak tree with the installation of the
circular driveway. He said that he recently found out that the circular driveway is proposed to
be eliminated. He suggested that the condition be modified such that the horseshoe driveway is
to be resolved at a staff level and with the city arborist to mitigate any impacts to existing trees.
He noted that barricades are requested to be installed around trees #1 and #2 and that he would
agree to install them. He recommended that the condition relating to the circular driveway be
amended to read: "The revised driveway configuration is to be submitted for review and
approval by Planning staff and the city arborist. The driveway is to be constructed under the
recommendation of the city arborist. "
In response to Commissioner Fierce's question Mr. Bammarito said that the width of the
driveway is 12 feet and that it could be narrowed to 10 feet to meet the concerns of the City. He
indicated that pervious pavers would be used.
Commissioner Bernald asked Mr. Bammarito how he felt about reducing the floor area reduction
by 724 square feet? Mr. Bammarito stated that he would like to retain the square footage
proposed as the square footage is similar to the house next door.
Commissioner Abshire felt that the preservation of the tree was essential to the approval of the
~- design of the home as the trees would screen the large home. He asked which would be
preferred, elimination of the circular driveway or the square footage of the home? Mr.
Bammarito said that the home does not impact the trees but that the driveway may. It is his
intent to mitigate the concerns of tree protection.
Emma Wyckoff, 18660 Paseo Lado, said that she was interested in preservation. She asked how
the homeowner would be impacted if required to use a single access driveway versus a circular
driveway? Does the arborist report get implemented immediately or is the plan implemented over
time?
Mr. Bammarito said that the horseshoe driveway was a preferred architectural style. The
arborist's mitigation measures are to ensure that once construction starts and ends, the trees are
protected.
yr~in ~~~ d3aas project designer, addressed the circular driveway. He said that Mr. Rocke has strong
feelings about the circular driveway. He noted that the design avoids the canopy of the tree(s)
and that he did not believe that it would impact the tree(s).
Commissioners Patrick/Siegfried moved to close the public hearing at 8:43 p.m.
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PLANNING COMMISSION MINUTES
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PAGE - 7 -
Commissioner Siegfried felt that the exception to the height would fit in with the design of the
neighborhood. His concern was that of the circular driveway. He stated that he could support the
horseshoe driveway subject to reducing the width of the driveway and incorporating the city
arborist' recommendation so as not to impact the oak trees. He felt that the horseshoe driveway
was an architectural feature.
Commissioner Pierce said that he would like to have the applicant work with staff regarding the
horseshoe driveway.
Commissioner Patrick said that this was a spectacular site. She expressed concern with the size
of the home given the area and its location. She also expressed concern with the existing trees.
She felt that staff and the city arborist can resolve her concerns.
Commissioners Bernald and Abshire concurred with Commissioner Patrick's comments.
Commissioner Abshire felt that too many exceptions to height are being approved. He said that
he would support staff's recommendation in this case but that he would not support future height
exception requests.
Chairwoman Kaplan stated that she would agree to hold down the size of the home to the degree
possible. She expressed concern with the impact of the circular driveway to the existing trees,
especially during construction. She stated that she could not support the request.
Commissioner Siegfried said that reducing the size of the home from 6,000 square feet to 5,400
square feet would not be a noticeable difference.
Planner Walgren said that alternatives for the location of the driveway have not been exhausted.
He felt that there may be some flexibility for further arborist consideration. He clarified that the
exception is not a variance. He said that the Exception Ordinance, adopted in 1992, was to be
an incentive to encourage individuals to construct one story homes where the homes were all
single story. The rule was not meant to apply in the larger zoning districts or in areas of town
where mostly two story homes already exist. In granting an exception, it is making a finding of
whether the neighborhood was all two story homes or whether two story homes are acceptable.
Commissioner Pierce said that he was more concerned with placing large homes in infill areas
that have small homes. This area is one with larger homes and that this home would fit in with
the character of the neighborhood. Therefore, he supported the design and the size of the home.
Chairwoman Patrick said that she did not believe that the neighborhood supports the size of the
home.
COMMISSIONERS PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-96-059
WITH THE ADDITIONAL RESTRICTION THAT THE DRIVEWAY IS TO BE
REDESIGNED TO PROTECT THE TREES. IF IT CANNOT BE REDESIGNED TO THE
SPECIFICATIONS OF THE CITY ARBORIST AND STAFF, THE HORSESHOE DESIGN
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IS TO BE ELIMINATED. THE MOTION FAILED ON A 3-3 VOTE AS FOLLOWS: AYES:
ABSHIRE, PIERCE, SIEGFRIED; NOES: BERNALD, PATRICK, KAPLAN; ABSTAIN:
NONE; ABSENT: MURAKAMI.
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR-96-059
WITH THE ADDITIONAL RESTRICTION THAT THE DRIVEWAY IS TO BE
REDESIGNED TO PROTECT THE TREES. IF IT CANNOT BE REDESIGNED TO THE
SPECIFICATIONS OF THE CITY ARBORIST AND STAFF, THE HORSESHOE DESIGN
IS TO BE ELIMINATED AND DENIAL OF THE EXCEPTION TO FLOOR AREA. THE
MOTION CARRIED 4-2 WITH COMMISSIONERS PIERCE AND SIEGFRIED VOTING NO
AND COMMISSIONER MURAKAMI ABSENT.
Commissioner Siegfried said that the home has been reduced by 700 square feet and that it may
impact the design of the home. Planner Walgren said that if the floor area is reduced
proportionally within the footprint of the existing building, staff would approve it prior to
issuance of a building permit. If there is a substantial change in the configuration of the home,
it would be brought back to the Commission as an informational item.
5. S-97-001 -CARSON ESTATE COMPANY, QUITO VILLAGE SHOPPING
CENTER; Request for Sign Program approval to replace the existing monument sign and
tenant signs at the Quito Village Shopping Center with a new comprehensive sign design
program. The shopping center is located on the south side of Cox Ave., east of Saratoga
Ave., and is within aCommercial-Neighborhood zoning district.
Planner Walgren presented the staff report.
Commissioner Patrick asked if some of the signs are proposed to be wood and some metal?
Planner Waigren said that the current sign program allows sand blasted wood with individual
internally illuminated letters. This program proposes the same aluminum metal painted frame
around each sign with a plastic background of three different colors.
Chairwoman Kaplan asked if the two anchor tenants not included in the uniform sign grogram
would be included in the color scheme? Planner Walgren responded that the two anchor tenants
would comply with the uniform sign program as the colors vary.
Chairwoman Kaplan opened the public hearing at 9:12 p. m.
Susan Bowers, sign designer, said that the sign program was one that would give the center more
of a "Village" look.
Commissioner Bernald asked Ms. Bowers to address the fact that each sign varies and are
different in color. Ms. Bowers said that three standard colors are proposed. She said that she
tried to come up with a standard color scheme for the center with the frames and letters to be
of the same color. The sign program would be more consistent than what is currently being seen.
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PLANNING COMMISSION MINUTES
FEBRUARY 12, 1997
PAGE - 9 -
She indicated that the tenants have been supportive of the sign program.
Commissioner Abshire felt that it was important to have a directory to find the stores in a center.
He did not see anything on the plans that show how the stores would be numbered. Ms. Bowers
said that the numbers would be four inches high and would be the same color as the tenant signs.
Commissioner Bernald asked about the longevity of the metal casing. Ms. Bowers responded that
the casing would last a long time.
Chairwoman Kaplan asked what is to happen to the existing awning. Ms. Bowers said that once
the signs are in place, the awning would be reviewed with the color scheme. She said that the
tenant wants to retain the awning. She informed the Commission that the signs are not to be
internally illuminated.
Chairwoman Kaplan asked if a condition could be added to prohibit external illumination. Ms.
Bowers said that it has not been determined how the signs are to be illuminated. Planner Walgren
informed the Commission that it could add a condition to prohibit external illumination of the
signs.
Emma Wyckoff requested that the Commission not approve the uniform sign program unless the
merchants agree to mitigate traffic problems in the area. She requested that traffic control
measures be implemented at the same time of sign installation. She felt that there would be an
increase in traffic on her street between the Quito Village Shopping Center and Quito Road. She
said that calls have been placed to law enforcement officers who have stated that the traffic
problem is out of control and that concerns would need to be raised at a City level. She felt that
there is a relationship with her concern and this request as upgrading the shopping center would
attract additional consumers to the shopping center.
Commissioners Patrick/Bernald moved to close the public hearing at 9:25 p.m.
Commissioner Patrick felt that the proposed uniform sign program was "goofy. " If there is a sign
program, she does not see it as she sees disparity. She liked the use of different colors with the
exception of the turquoise color.
Commissioner Pierce asked staff what was the Commission's role in the review of this sign
program as he did not like some of the colors chosen? Planner Walgren said that the applicant
proposes several different types of design elements, details and colors. The sign program that is
being considered is the tenant panel signs with the metal frames for each of the tenant buildings.
The Commission would be establishing the sign program that would provide parameters for
future signs and approval of the monument signs and directory signs.
Chairwoman Kaplan asked if the two anchor tenants would be exempt in perpetuity from the
adopted sign program and whether they have their own separate sign program?
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PLANNING COMMISSION MINUTES
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Community Development Director Curtis felt that the two anchor tenant signs would be more
in line with the proposed sign program versus the old sign program. The question is whether the
proposed sign program is acceptable for the shopping center.
Commissioner Bernald stated her support of the uniform sign program. She said that she likes
the changes that she has seen at the shopping center. She requested that staff address lighting
because she was concerned with the signs and the lighting being put together without having
something concrete in front of her to vote on.
Commissioner Siegfried said that he liked the uniform sign program as he felt that it fits this
shopping center. He recommended approval with the condition that there is to be no exterior
lighting o~ the si~;aa is to be installed wit'k~out re®ie~~.
COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION S-97-001
WITH AN ADDED CONDITION THAT WOULD STIPULATE THAT NO EXTERIOR
LIGHTING IS TO BE INSTALLED WITHOUT THE REVIEW AND APPROVAL OF THE
PLANNING COMMISSION. THE MOTION CARRIED 6-0 WITH COMMISSIONER
MURAKAMI ABSENT.
Community Development Director Curtis recommended that Ms. Wychoff contact Public Works
Director Perlin as he is staff's liaison to the Safety Commission. The Safety Commission can
evaluate Ms. Wychoff's concern and then make a recommendation to the City Council.
-- 6. DR-96-072 - NOONAN/BEAN, 19508 GLEN UNA DR.; Request for Design Review
approval to construct a new 6,000 sq. ft., 26 ft. tall, single story residence on a vacant
one acre parcel. The application includes a request for exemption from the floor area
reduction requirement for buildings over 18 ft. in height. The subject property is located
on the east side of Glen Una Dr., south of Saratoga-Los Gatos Rd., and is within an R-1-
40,000 zoning district.
Planner Walgren presented the staff report.
Chairwoman Kaplan opened the public hearing at 9:41 p.m.
William Bean, applicant/project designer, informed the Commission that he would answer any
questions that it may have. He said that a one story home is proposed although many two story
homes exist in the neighborhood. He concurred with staff's recommended conditions of approval.
In response to Commissioner Siegfried's question, Mr. Bean said that 10-15% of the roofline is
at 26 feet.
Chairwoman Kaplan asked how many gas burning fire places are proposed? Mr. Bean responded
that four fire places are proposed (two would be gas log fireplaces and the other two would be
plumbed for gas).
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PAGE - 11 -
Bob Sandie, 19400 Saratoga-Los Gatos Road, informed the Commission that he resides to the
east of the proposed home. He appreciated the fact that the home is designed to be a one story
home. He addressed the size of the home and requested that three, 22-26 foot ceder trees be
installed as the 24-inch boxed trees are 10 feet in height.
Bob Aviles, architect retained by Mr. Sandie, said that he reviewed the design of the proposed
home. He expressed concern with the impervious coverage and with the drainage of the swale
as it is dvected to the rear, left comer. He requested that the increased impervious coverage be
addressed. He stated that the home was well designed.
Mr. Bean addressed the drainage of the site. He noted that the iot is flat and that it is proposed
to take water and discharge it at a central point. He did not believe that drainage from the site
would impact Mr. Sandie's property. He felt that the request to install 26 foot trees was
excessive. He noted that four large trees exist to help screen the home. He also noted that an
excessive rear yard setback was provided. He agreed to insta1124-inch boxed trees and noted that
the neighbor has an out house that encroaches into the required setback.
Commissioners Bernald/Patrick moved to close the public hearing at 9:52 p.m.
COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR-96-072.
THE MOTION CARRIED 6-0 WITH COMMISSIONER MURAKAMI ABSENT.
7. DR-96-067 -MAXIM INVESTMENTS; 28001 AUDREY SMITH LANE; Request
for Design Review approval to construct a 6,016 square foot one-story residence on a
48,031 sq. ft. vacant lot. The application includes a request for exemption from the floor
area reduction requirement for buildings over 18 ft. in height. The property is located
in an R-1-40,000 zoning district.
Planner Walgren presented the staff report. He informed the Commission that a letter was
received from the down slope neighbor who has expressed concern with the imposition of the
home to their property. He informed the Commission that the lot is a shallow and wide parcel,
resulting in a home that is linear and relatively long. He felt that it was a constraint inherent to
the parcel. Staff felt that the design could be supported.
Chairwoman Kaplan said that the arborist has expressed concern with the way the project and
the other construction sites have violated the tree protection requirements. She asked if this is
the same company that has violated the tree protection measures? Planner Walgren responded that
this was the same company being referred to by Chairwoman Kaplan. Chairwoman Kaplan noted
a correction to page 8, Condition 9a, fourth bullet (should read "Show all trenching for utilities
v~ the site plan... ")
Chairwoman Kaplan opened the public hearing at 9:56 p.m.
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PAGE - 12 -
Bill Hershmann, applicant, stated that this is the last lot of the Audrey Smith subdivision. He
said that he has gone through great measures to protect and preserve the existing oak trees. He
said that he has not used the area for access delivery as previously stated. If access was required,
it was to remove the eucalyptus trees or to correct the Swale. He acknowledged that this is a
strangely configured lot and that it has a large frontage. He said that he was surprised to see the
letter from the adjacent neighbor as the project architect worked closely with the neighbor. He
said that the house is sited as close to the street as possible to increase the rear setbacks. He is
requesting a floor area exception as one has been approved for every lot within the subdivision.
He clarified that three fireplaces are proposed not fow and that the master bedroom would have
a gas log fireplace. The other two would be plumbed for gas. He stated his concurrence with the
conditions as contained in the resolution of approval.
Michael MacKay, project architect, said that the length of the home was 193 feet. He said that
the length ou the home was also of concern to him. He felt that the lot was conducive to making
the length of the home work.
Chairwoman Kaplan felt that the length of the home was imposing.
Commissioner Abshire said that at the site visit, he viewed the height pole from the road and felt
that a lot of the mountain would be disappearing to be replaced by a building. He felt that the
lot was conducive to a smaller home.
Mr. Hershmann stated that the proposed home is not larger than any of the homes in the area.
He said that he could shorten the home, reduce the size of the home or construct atwo-story
home. However, it would not meet the needs of the home buyer.
Commissioners Patrick/Bernald moved to close the public hearing at 10:15 p. m.
Commissioner Abshire said that the renderings helped him visualize the proposed home. He said
that the home appears to be a low profile building and that it is an attractive home. He
understood that this was a difficult lot, noting that the home across the street was also long. He
said that he would approve the request.
Commissioner Patrick said that she could not approve the long structure.
Commissioner Pierce agreed that it was a long home. However, it has a low profile, one
designed for the lot. While it is a long structure, he said that he could support it.
Commissioner Siegfried stated that although the design of the home was a long one, it still had
large setbacks. He said that the home could not be widened based on the lot configuration.
Commission Bernald said that at first, the length of the home concerned her. After reviewing the
renderings provided, she could support the request because the home fits the contour of the
property and provides large setbacks.
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FEBRUARY 12, 1997
PAGE - 13 -
COMMISSIONERS BERNALD/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-96-
067 PER STAFF'S RECOMMENDATION. THE MOTION CARRIED 5-1 WITH
COMMISSIONER PATRICK VOTING NO AND COMMISSIONER MURAKAMI ABSENT.
DIRECTOR ITEMS
No Director's items were reported.
COMMISSION ITEMS
Commissioner Patrick said that she attended the County Joint Hillside Strategy Community
Workshop and that it was well attended. She said that there would be at least two more meetings
held. It was the consensus of those attending who spoke that they do not want to be told what
they can do with their properties. She felt that the County did a poor job in handling the process.
She said that individuals were angry that they were not notified of the process.
Commissioner Bernald said that she attended the budget session scheduled February 3, 1997
representing the Commission. She said that the Planning Commission was the only Commission
that suggested that it be eliminated.
COMMUNICATIONS
ri n
1. City Council Minutes dated 1 / 15/97 & 1 /21 /97
2. Planning Commission notices for 2/26/97
C~ Council
ADJOURNMENT -There being no further business, the meeting adjourned at 10:28 p.m. to
7:30 p.m., Wednesday, February 26; 1997, Cou~nc~l Cha~nl,ers 13777 Fruitvale Avenue,
Saratoga, CA
Respectfully Submitted,
Irma Torrez
Minutes Clerk
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