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09-10-1997 Planning Commission Minutes
4 • • CITY OF SARATOGA PLANNING COMI7ISSION REGULAR MEETING MIl~TUTES DATE: Wednesday, September 10,1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting Rotl Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Pierce, Siegfried Absent: Commissioner Murakami Staff Present: Community Development Manager Walgren, Attorney Mike Riback, Office Specialist II Marlene Tate Pledse of Allegiance Minutes -August 13, 1997 CO'VIMISSIONERS KAPLAN/PIERCE MOVED TO APPROVE THE AUGUST 13, 1997 MIl`TL°TES WITH THE FOLLOWING AMENDMENT: Page 3, Paragraplu 3, add Commissioner Siegfried: " C01~1MISSIONERS BERI~TALD/PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-97-039. Oral Communications Jim Foley of Aspesi Count requested that Item #5 be continued as he could not obtain information beforehand. He was asked to present his request v~~hen Item #6 was discussed. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 1997. Technical Corrections t® Packet Community Development. Manager Walgren noted that Item #4 would be postponed until the October 8~' meeting. Since the notice was distributed to the public, grading was performed without permits. CONSENT CALENDAR PUBLIC HEARINGS • • Planning Commission Minutes September ] 0, ] 997 Page ~ 1. DR-97-039 -PINK BROTHERS CONSTRUCTION, 14232 TAOS COURT; Request for Design Review approval to construct anew 6,170 sq. ft. two-story residence pursuant to Chapter 15 of_ the City Code. The parcel is 49,070 sq. ft. in size, located in an R-1- 40,000 zoning district. (Continued from 8/13/97 to revise plans. City review deadline is 1/23/98.) James Walgren presented the staff report advising that staff supported the project. Public Hearing opened at 7:47p.m. Chuck Bommarito, applncant's representative, agreed with the staff report stating that the design spared the trees, there w%ould be four gas fireplaces, the elevation was revised and the garage was turned 90°. CONftVIISSIONERS K~.PLAN/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 7:S~P.M. COMMISSIONERS PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-97- 039. MOTIONT CARRIED 4/1. (CHAIR PATRICK OPPOSED.) 2. DR-97-036 and UP-97-005 - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Revie~;~ ~.pproval to construct a new 2,265 sq. ft. two-story home at 23 ft. in height and a 399 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 670 sq. ft, basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 10 ft. from the rear property line, where a 25 ft. rear yard setback is required. The :site is 7,260 sq. ft. and is part of a 3-parcel site that is currently occupied by one older home. It is in an R-1-10,000 zoning district. A Mitigated I~regative Declaration has been filed. DR-97-027 - S©LOMON, 20385 PARK PLACE (LOT 3); Request for Design Review approval to construct a new 2,411 sq. ft. t~vo-story home at 23 ft. in height and a 361 sq. ft. attached garage. The project also includes an 893 sq. ft. basement in the home. The site is 8,72:5 sq. ft. and is part of a 3-parcel site that is currently occupied by one older home. It is in an R-1-10,000 zoning district. A Mitigated Negative Declaration has been filed. DR-97-040 and UP-97-009 - HARKEY, 20379 PARK PLACE (LOT 4); Request for Design Review approval to construct a new 2,654 sq. ft. two-story home at 23 ft. in height and a 380' sq. ft. detached garage at 15 ft. in height. The project also includes a Planning Commission Minutes September 10, 1997 • Page 3 560 sq. ft. baserrnent in the home. The applicant is requesting an exception to the height reduction for floor area, and is requesting a Use Permit to construct the detached garage at 10 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 8,800 sq. ft. acid is part of a 3-parcel site that is currently occupied by one older home. It is in an R-1-10,000 zoning district. A Mitigated Negative Declaration has been filed. Walgren presented the staff report. Public Hearing opened at 8:03p..m. Applicant's representative, Virginia Fanelli, gave background on lot sizes compared to others in neighborhood, solving neighborhood drainage problems, installation of courtesy fencing, etc. The following residents spoke im opposition to the project due to size, legality of lots, privacy, use of the alley, density of project, etc. Joel Berry - 20369 Park =Place Moana Kutsche - 20375 Park Place Mark Wilbur - 14200 Lutheria Way Brian Ermantraut - 2035 Park Place Rita McCarty -Saratoga. Foothill Club Pat Dubridge -Saratoga. Foothill Club Kathleen Lynch - 20360 Orchard Road Richard Young - 20340 Orchard Road James Kardach - 20271 lL,a Paloma Avenue Jerry Smith - 20292 Orchard Road Dee Stewart - 20345 Orchard Road Cathy Kardach - 20271 1<,a Paloma Avenue Virginia Fanelli addressed the ccancerns of the neighbors. COMMISSIO'ERS PIERCE/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 9: l OP.M. B. Coate, Consultant to the City:, reported on concern for the location of the homes in proximity to the aging tree on the property. Commissioners Kaplan and Pierce discussed quality of life of the tree. CHAIR PATRICK CALLED FDR BREAK AT 9:20P.M. All Commissioners discussed legality of the lots with Attorney Riback, preserving tree, size of houses, respect for the Foothill Club, integrity of the neighborhood, placement of the houses, etc. COMMISSIONERS BERNALD/KAPLAN MOVED TO RE-OPEN THE PUBLIC HEARING AT 9:45P.M. AND MOVED TO CONTI_~T~JE THIS ITEM TO THE STUDY SESSION OF OCTOBER 8, 1997 AT S:OOP.IVI. APPROVED 5/0. • Planning Commission i~iinutes September 10, 1997 • Page 4 3. DR-97-046 - OA~KLEY, 15440 VIA COLINA; Request for Design Review approval to construct a new 5,999 sq. ft. one-story home at 25.5 ft. in height. The project includes demolition of an existing two-story home on the property. The applicant is requesting an exception to the :height reduction for floor area. The site is 46,063 sq. ft. in size, and is in an R-1-40,000 z®ning district. Walgren presented the staff report recommending approval. Public Hearing opened at 9:SSp.:m. M. Oakley, applicant, agreed vviith staff report. CONIl~QSSIONERS PIERCE/gERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:00P.M. There was a brief discussion with concurrence to approve. COMMISSIONERS PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR-97-046 WITH CONDITIONT THAT THERE BE TWO GAS BURNING ONLY FIREPLACES A~'D THAT TVVO BE EQUIPPED WITH GAS STARTERS. APPROVED 5/0. 4. DR-97-038, UP-97-008 and UP-97-011 - GALEB, 20398/ 20418/ 20395/ 20415/ & 20435 FRANKLIl~I AVENUE; Request for Design Review approval to construct five new homes on Lots 1, 2, 4, 5, and 6 in the Boisseranc Subdivision (Lot 3 is under separate application). Fong of the homes are 3,710 sq. ft.; and one is 3,702 sq. ft. (Lot 2.) All of the homes are orne-story, at 18 ft. in height. The applicant is requesting a Use Permit to allow detached garages on Lots 2 and 5, with a 5 ft. rear yard setback where 25 ft. is required. The loss are 12,500 sq. ft. each, and are in an R-1-12,500 zoning district. THIS ITEM WAS PCiTLLED FROM THE AGENDA BY STAFF AND COiVT1\'UED 5/0 TO 10/8/97 TO ADDRESS RECE'N'T GRADING ACTIVITY ON SITE. 5. DR-97-045 - CAE; 15217 SOBEY ROAD; Request for Design Review approval to construct a new 3,740 square foot two-story residence pursuant to Chapter 15 of the City Code. The subject property is 38,109 sq. ft. located within an R-1-40,000 zoning district. Walgren presented staff report stating that this was a resubmittal. Public Hearing opened at 10: lOp.m. Ramesh Sharma of 15211 SobeN Road reported that he was not notified of this hearing. It was determined that this resident was a recent purchaser of his property. Commissioners decided that noticing was proper. • Planning Commission Minutes Page 5 September 10, 1997 Applicant's representative, Ron :Harris, agreed with the staff report. CITY ATTORi~IEY WAS ALLQ~WED TO LEAVE AT 10:15P.M. Tom Coe, applicant, spoke to tine issue of the four fireplaces with Commissioner Kaplan. Neighbors opposing this project are as follows: Bob Davies - 15215 Sob~ey Road -Electrical pole in driveway will be too close to his property. Mentioned basement offnce, removal of dirt, his view of "massive" house, forge on the property and the roof. William & Roberta Johnson of 18955 Monte Vista Drive were concerned with the stability of the lot after cutting out the hillside and the size of the proposed house. James Foley of 18927 l~'[onte Vista spoke of the size of the house and that two-thirds would not be used for a dwelling. Felt that driveway would be encroaching upon his son's property. Phil Svalya, representing Wm. Johnson, referred to stability of the hill and the retaining walls. Wanted official soil studies to be performed. Dan Gonzalez, attorney ffor Mr. Coe responded to neighbors' concerns. COIVL~IISSIO~TERS KAPLAN/'BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:30P.M. The Commissioners discussed retaining walls, soils studies already performed, preliminary clearance and the unusual items introduced by the neighbors. COMMISSIONERS BERNALD/KAPLAN MOVED TO APPROVE RESOLUTION DR-97-045 WITH THE CONDITION THAT STAFF INVESTIGATE THE FORGE, DUMBWAITER, PULLDOWN STAIRS TO THE ROOF A~TD LANDSCAPING PLANS. APPROVED 5/0. 6. DR-97-047 - L,IIV`; 13670 BEAUMOIVTT AVE~iUE; Request for Design Review approval to consttruct a 911 sq. ft. addition to the existing first story and a new 735 sq. ft. second story addition pursuant to Chapter 15 of the City Code. The subject parcel is 11,761 sq. ft. located in an R-1-10,000 zoning district Community Development Manager Walgren presented staff report explaining that findings could be made to approve the addition. Public Hearing opened at 11:OO1P.M. Applicant, Lin, spoke briefly to uhe Commissioners. COMMISSIONERS KAPLAN/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 11:OSP.M. • Planning Commission Minutes Page 6 September 10, 1997 The Commissioners briefly discussed the box-on-box design and would not give support. COMMISSIONERS PIERCE/I~'.APLAN MOVED TO CONTPVIJE THIS ISSUE TO 10/8/97 FOR THE SUBMISSION OF REVISED PLANS. 7. I,TP-97-002 -SAN JOSE WATER COMPANY; B1G BASIN WAY; Request for Use Permit Approval to construct a new 400,000 gallon bolted steel tank (above ground) and remove a 350,000 gallon clay lined reservoir. The subject property is approximately one acre and is located within. an R-1-40,000 zoning district. Walgren reviewed staff report vk~ith the Commissioners. Public Hearing opened at 11: lOp.m. William Moore, representing tine San Jose Water Company, reviewed the proposed project explaining that the tank was over 100 years old and why it needed replacement. The Commissioners discussed t>he reservoir to be installed. COMMISSIONERS BERNAL,D/KAPLAN MO~~'ED TO CLOSE THE PUBLIC HEARII\rG AT 11:15P.M. COMMISSIONERS PIERCElSIEGFRIED MOVED TO APPROVE USE PERMIT 97-002. APPROVED 5/0. DIRECTOR ITEMS 1. MQ Heritage Corporation; 14337 Taos Drive -Appeal to Council 9/17/97. 2. Commissioners were invited to participate in choosing the color scheme to be used in painting the Theatre building. COMMISSION ITEMS 1. Review of Sign Progracu for Argonaut Shopping Center (Continued from 5/28/7 to provide a colored rendering of approved store fronts with signage and a material board indicating a limited color range for the signs.) Accepted 5/0 per the staff recommendation that a range of sign colors be selected an¢ apprp~~ • • by Communety Development Manager. 2. DR-96-071 - McNeiVH®well, 18642 Montewood Avenue; Request for approval of revisgd plans Planning Commission Minutes Page 7 September 10, 1997 (originally approved by tlhe Commission on 3/26/97.) Accepted 5/0. COMMUNICATIONS Chair Patrick advised the Commissioners that she would attend the Good Government Group to discuss the direction of the Commission and the Council. Commissioner Kaplan questioned the use of signage at the BP Station. Written 1. City Council Minutes dated July 16, July 22, August 6, August 12, 1997 2. Notices for Planning Commission Meeting of September 24, 1997 ADJOURNMENT - 11:30 pnn to 7:30 p.m., Wednesday, September 24, 1997, Civic Theater, 13777 Fruitvale Ave., Saratoga, CA Respectfully Submitted: Marlene Tate