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HomeMy WebLinkAbout07-27-2005 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 27, 2005 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Nagpal called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Kundtz, Nagpal and Uhl Absent: Commissioners Hunter, Rodgers and Schallop Staff: Director John Livingstone, Associate Planner Lata Vasudevan, Associate Planner Christy Oosterhous and Contract Planner Deborah Ungo-McCormick PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of July 13, 2005. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Kundtz, the Planning Commission minutes of the regular meeting of July 13, 2005, were adopted as submitted. (4-0-3; Commissioners Hunter, Rodgers and Schallop were absent) ORAL COMMUNICATION There were no Oral Communication items. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 21, 2005. REPORT OF APPEAL RIGHTS Chair Nagpal announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). CONSENT CALENDAR There were no Consent Calendar items. Planning Commission Minutes for July 27, 2005 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #05-087 (517-13-031) YAKOTA 16155 Cuvilly Way - The applicant requests Design Review Approval to construct a single-story, single-family residence with one attached and one detached garage on a vacant lot. The total floor area of the proposed residence and garages is 5,887 square feet. The maximum height of the proposed residence is 25 feet. The lot size is approximately 43,995 square feet and the site is zoned R-1 40,000. (DEBORAH UNGO-MCCORMICK) Contract Planner Deborah Ungo-McCormick presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval for the construction of a new single-story single-family residence with both attached and detached garages for a total of 5,887 square feet. The architectural style is contemporary French Chateaux. The project also includes a swimming pool. • Said that the maximum height is 25 feet and the project meets setbacks and zoning requirements. • Described the property as being a part of a Sobrato Subdivision on a private street. The backyard faces onto a public street. • Said that the slope of the site helps minimize the perception of mass and bulk. • Stated that the trees on site would be preserved. There are 10 ordinance-sized trees located at the rear of the site. Two Redwood trees may be affected by construction and the Arborist has recommended that one be relocated to the rear of the property. It is looking stressed by may be able to be saved. • Reported that geotechnical clearance has been issued. • Said that staff feels that the required findings for approval can be made. • Recommended approval. Chair Nagpal asked Planner Deborah Ungo-McCormick whether every house constructed in this subdivision requires Design Review Approval. Planner Deborah Ungo-McCormick replied yes. This was a Condition of Approval for the Subdivision Map. Chair Nagpal opened the Public Hearing for Agenda Item No. 1. Mr. Terry Martin, Project Architect: • Thanked staff for a great report. • Advised that they have been working on this project for the last six to eight months. • Said that they looked at the surrounding neighborhood and area and their proposed mass and height compares to what exists in the area. • Stated that he would be available for any questions. Commissioner Kundtz asked Mr. Terry Martin for clarification as to where the freestanding garage would be located as it was unclear to him during the site visitation. Planning Commission Minutes for July 27, 2005 Page 3 Mr. Terry Martin said that the detached garage would not be visible from the front right-of-way as it is to be located at the back corner of the property. Chair Nagpal closed the Public Hearing for Agenda Item No. 1. Commissioner Uhl said that the project looks good, is preserving trees, has no neighborhood concerns and is of great design. Commissioner Cappello said while concerns were raised early in the process, these issues have been addressed. Said that he likes this design and that it fits into this area. Commissioner Kundtz said that this is a great project and design. He suggested that the distressed tree be given some love to preserve it. Chair Nagpal said that she appreciates the efforts taken with this proposal. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Cappello, the Planning Commission granted Design Review Approval (Application #05-087) to allow the construction of a new single-story, single-family residence with one attached and one detached garage on property located at 16155 Cuvilly Way, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #06-018 (517-09-018, 044, 043) STARBUCKS COFFEE (tenant and applicant); ALOGA, LLC – HEIKALI (owner), 14410 Big Basin Way, Unit D – Applicant requests a Conditional Use Permit to locate a Starbucks Coffee shop in one of the tenant spaces. The proposed coffee shop will have indoor and outdoor seating. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that interior improvements have been made to the Corinthian Corners building and that Starbucks is seeking approval of a Use Permit to allow the establishment of a coffee shop on the ground floor at the center of this commercial building, using 1,334 square feet of space and including both interior and exterior seating. No façade or parking modifications are proposed. • Said that the business at this location would have 20 employees with four working during each shift. • Explained that per Code, a restaurant is a permitted use at this location with the granting of a Use Permit by the Planning Commission. The Use Permit process allows the Planning Commission Minutes for July 27, 2005 Page 4 Commission to impose Conditions of Approval that ensure that use’s compatibility with surrounding uses. • Reported that a parking exception is needed. A space that consists of 1,334 square feet equals a parking requirement of 18 spaces plus seven additional spaces for seasonal outdoor seating. Variations to the parking requirement can be granted through the Use Permit process. Six parking spaces are provided for this tenant space. • Reminded that on April 20, 2005, Council directed the Planning Commission to review alterations to the parking requirements for the Village as a way to stimulate activity in the Village. • Said that while more traffic would result from this use, it is not a substantial increase. The peak operational hours for Starbucks would be between 7:30 and 8:30 a.m. weekdays and between 9 and 11 a.m. on weekends. The weekday hours are prior to most shops in the Village being opened. This location is not within a Parking District. • Said that the parking demand equals 20 vehicles where six on-site spaces are provided. Other uses in the immediate area do not create a parking demand during Starbuck’s peak hours. • Stated that the Transportation Consultant has determined that the parking and traffic impacts would be minimal. • Said that Mr. Frank Burrell had made some recommendations to alleviate these types of impacts by prohibiting on-site parking by Starbucks employees and by placing signs at both entrances to the parking area advising patrons where other additional parking can be found. He also suggested having signs within the Starbucks tenant space identifying additional parking options for its patrons. • Advised that there has been some difficulty in the Village for attracting viable commercial uses. • Stated that staff is proposing that the Starbucks sign consist of individual letters with interior lighting. The logo is proposed as wood with exterior low wattage illumination. • Informed that the required findings for approval can be made in the affirmative. • Recommended approval and reminded that the Planning Commission maintains continuing oversight jurisdiction over Conditional Use Permits. • Reminded that the appeal period for any decision of the Commission this evening is 15 calendar days. • Reported that representatives from Starbucks are available this evening. Commissioner Uhl asked Planner Lata Vasudevan for an overview of the required findings. Planner Lata Vasudevan said that they include finding that the proposal meets the objective of the zoning district and would promote a viable environment for the downtown. Director John Livingstone pointed out the three bullet points on Page 7 of the report. Planner Lata Vasudevan pointed out that the Municipal Code calls out the purposes of establishing the C-1 Zoning District. Chair Nagpal asked if she could make the required findings except for the issue of parking can variations to parking can be allowed under a Conditional Use Permit. Planning Commission Minutes for July 27, 2005 Page 5 Planner Lata Vasudevan replied correct. The Commission can grant variations to the parking requirements if findings can be made to support them. Chair Nagpal pointed out that summary on Page 29 that compares parking requirements for other local downtown communities. In Los Gatos, the requirement is for one space for every four seats. She asked how many seats are proposed here. Planner Lata Vasudevan replied approximately 25 seats. Chair Nagpal said that using the Los Gatos requirement, 25 seats would result in a requirement for seven spaces. Chair Nagpal opened the Public Hearing for Agenda Item No. 2. Mr. Zeden Jones, Construction Manager and Representative for Starbucks: • Said that they are excited about this location and assured that they have the ability to adjust to each location. • Said that Starbucks is a convenience stop and that most patrons had other destinations in mind. • Assured that no increase in traffic was found in other similar locations and reminded that their use peaks by 9 a.m. Ms. Amber Reed, Real Estate Manager for Starbucks: • Said that the Argonaut store has been open for eight years now. • Said that this new Starbucks in the Village would create another reason to stop in the Village and would help increase other business. • Assured that independent coffee shops tend to thrive when located near a Starbucks. Starbucks has a limited menu compared to the independent coffee shops. • Said that she is honored to be here and hopes to be able to serve the community in the Village. Mr. Jason Pappy, Manager, Starbucks at Argonaut Shopping Center, Saratoga: • Stated that he is proud of his location and has been manager since August 2004. • Reported that his store collected 450 toys for needy children during the holidays and an additional 250 toys after that. • Said that Starbucks has a tradition of giving back to the community. They gave 10 gallons of coffee to the Saratoga Swim Team Meet for three weeks in a row. They give to local PTA groups. They always say yes when asked. They are proud to be a part of the Saratoga community. They also raised fund for Tsunami relief. • Said that he has a letter of support to turn in to the Commission and has three Starbucks partners who are available to speak in support of this request. • Said that Starbucks has a different clientele than other coffee shops and that Starbucks enriches lives. • Thanked the Commission. Planning Commission Minutes for July 27, 2005 Page 6 Mr. Zeden Jones said that they would be hiring local residents and paying local taxes as well as participating in the community. Starbucks would not be detrimental to the independent coffee businesses. Commissioner Cappello asked if Stabucks has guidelines on how close it establishes its locations from one another given the fact that there is already a Starbucks located at Argonaut Shopping Center. Mr. Zeden Jones said that their objective is convenience to local customers. They want to be located close to where people are. Commissioner Cappello asked for clarification about peak versus non-peak hours since he sees people there all day long. He asked for the average flow during non-peak hours. Mr. Zeden Jones said that in addition to the morning hour, there is a rush in the afternoon and evening but that represents a fraction of the morning hour business. The morning hour represents about 55 percent of their business. Commissioner Uhl asked how this use would help to preserve the small-scale pedestrian flavor of the Village. Mr. Zeden Jones said that each Starbucks location is unique. This one is a 1,350 square foot tenant space. It is small scale and will be different from other larger locations. Using new finishes helps make it special. Commissioner Uhl asked how many Starbuck locations are currently in small downtowns such as Saratoga’s with a small town feel. Mr. Zeden Jones said that there are 7,000 Starbucks locations. About 10 percent of them are in small downtowns, including downtown San Bruno and downtown South San Francisco. Ms. Amber Reed also mentioned the downtowns of Menlo Park, Palo Alto, Los Altos and Willow Glen. Chair Nagpal asked about a post traffic study. Mr. Zeden Jones said that one was required when establishing in downtown Burlingame. Chair Nagpal asked if the report was presented to the Planning Commission there. Mr. Zeden Jones replied that it was given to staff. Chair Nagpal asked Mr. Zeden Jones if they are willing to have one done here. Mr. Zeden Jones replied yes, if necessary. Mr. Jason Pappy: Planning Commission Minutes for July 27, 2005 Page 7 • Reported that the peak hour at his store of 8:30 to 9:30 a.m. resulted in 87 transactions per half hour. The range per half hour during off-peak hours is between 17 to 24 transactions per half hour. • Added that this new Village location would take some business away from his location at Argonaut. • Assured that about 22 percent of the Starbucks patrons would walk the Village. • Added that during the school year the afternoon traffic drops. Commissioner Cappello said that this means that about 78 percent take their coffee and leave the area and 22 percent stick around and walk the avenue per this study. Mr. Klaus Pache, 14555 Big Basin Way, Saratoga: • Said that he is the owner of the Plumed Horse and a resident since 1993. • Expressed support for this application. • Said that this Starbucks would be the beginning of the rejuvenation of the Village and would not take away from the existing coffee businesses in the Village. • Said that this is in the interest of the community. Mr. John D. Teter, 19931 Durham Court, Saratoga: • Identified himself as a 15-year resident of Saratoga. • Said that a subjective objection to having a Starbucks can be found in the recent article from the San Jose Mercury News, “Help, We’re Surrounded by Starbucks.” • Stated that Starbucks is not compatible with the small scale and pedestrian character of the Village and will increase traffic and parking problems. • Pointed out that there are traffic jams on Big Basin Way in the mornings already. • Added that there are two coffee shops in the Village already, the International Coffee Exchange and the Blue Rock Shoot. These businesses well serve the community. • Stated that Starbucks does not add to the character of the Village and could attract other similar businesses therefore changing the character of the Village. Ms. Jeanette Ryan-Hathaway, 14672 Stoneridge Drive, Saratoga: • Announced that she is representing 600 Saratoga residents and merchants. • Said that when she heard of the plans for a Starbucks in the Village, she began collected data. • Said that there is much fear and concern. • Said that there is a paradigm shift with Council. • Asked why no earlier meetings were held to evaluate the impact of a Starbucks on the Village and its current businesses. • Asked when Starbucks made an appearance before the Commission. • Said that 600 people have concerns and a lot of fear. This Starbucks may or may not be beneficial to the Village. • Said that everyone needs to band together and make decisions together. The community is not happy and several businesses’ fate is at risk here. • Reminded that the Vice Mayor assured everyone in May that no fourth coffee house would be here in the Village. Planning Commission Minutes for July 27, 2005 Page 8 • Asked the Commission to please consider the needs of existing businesses and allow them the opportunity to present their information. Consider our merchants first. Mr. David Lou, 14471 Big Basin Way, Saratoga: • Said he was the co-owner of the International Coffee Exchange and that he agrees with the previous speakers. • Said that this is a case of big corporations versus small business. • Reminded that the 7 to 9 a.m. peak time frame for Starbucks also represents their main business. • Said that this is a very small and unique town and a Starbucks would dilute that uniqueness. Mr. Mike Fitzsimmons, 14611 Big Basin Way, Unit B, Saratoga: • Stated that he previously owned the Corinthian Corners building and sold it about a year and a half ago. • Said that he can speak highly of the current owners. • Lamented the lack of foot traffic in the Village. • Said that if approved this Starbucks location would encourage foot traffic and benefit businesses at this end of the Village. • Said that he owns property in another state that has Starbucks as a tenant. They are a first-rate tenant and corporation. Their employees are outstanding. • Assured that Saratoga will not fall off the map with the addition of a Starbucks in the Village. • Added that both Los Gatos and Los Altos have good tax bases. • Encouraged approval, as this business would be good for Saratoga. Mr. Francisco Morin, 14505 Oak Street, Saratoga: • Said that he is a 23-year resident and lives on Oak Street and is a restaurant owner. • Said that he is concerned about the Village, as it is not flourishing. • Expressed support for this Starbucks location as the Village needs something new to rejuvenate it. Ms. Carole Atkin, 13680 Rossmere Court, Saratoga: • Said that she is a resident of Saratoga and a patron of Big Basin Way businesses and a fan of the Village. • Said that there is a lot of potential with the Village but she is not sure that Starbucks will help increase foot traffic, which is the issue for the whole Village. • Reported that visitors often comment on the charm and ambiance of the Village and that should be built upon and enhanced. • Cautioned that this Starbucks might result in the closure of other businesses. • Stated that thoughtful planning is required here. Mr. Mike Hochleutner, 20617 Brookwood Lane, Saratoga: • Said he is a three-year resident and is neither a shop owner nor a Starbucks employee. Furthermore, no family member works there. Planning Commission Minutes for July 27, 2005 Page 9 • Said that he tends to visit other cities on the weekends instead of Saratoga’s Village. He is looking for more people, for more life. • Stated that Starbucks would bring people and life to downtown Saratoga. • Said that he understands that there are three coffee shops in the Village already. • Questioned why a chain coffee shop would not be desirable. This is not a Wal-Mart but rather one of the best businesses in America for its employees. • Said he looks forward to the addition of a Starbucks to the Village. Mr. Bob Cancellieri, 14860 Cody Lane, Saratoga: • Said that he owns buildings and that Starbucks is an icon with phenomenal growth. • Said that Starbucks would bring much needed traffic into Saratoga’s Village and give customers choices. • Stated that the customer is king. • Recounted how he was in the bakery business for 45 years. At one point a new bakery established right across the street from his. By operating a good business, he was able to beat this competition. • Stated that he is glad for competition, as competition is good. There are no bad businesses, just bad management. • Suggested that Starbucks be allowed at this location. Mr. Bob Shepherd, 20491 Forrest Hills Drive, Saratoga: • Thanked the Commission for the opportunity to speak. • Said that it is great to have Starbucks in Saratoga. • Said that he goes downtown weekly and that it struck him a few years ago that the vibrancy and energy was missing. This is created with people. • Said that this Starbucks offers an opportunity to create vibrancy and energy within our city. • Pointed out that you find a lot of people in communities with Starbucks. This is our opportunity to create energy and vibrancy and bring people into the Village. • Suggested that we open that door and let Starbucks come in. Ms. Lorie Tinfow, Assistant City Manager, City of Saratoga: • Said that she is the Assistant City Manager and on the Economic Development Staff. • Praised the excellent report provided by staff. • Reported that a meeting was held this morning regarding Village parking. • Said that this Starbucks would be consistent with the economic development goals and would create another reason for patrons to stop in the Village thereby creating foot traffic for other businesses. • Stated that parking capacity to support this use exists. At peak lunch and dinner times, parking is available. • Said that in an April 2005 report to Council, the Commission was asked to consider changes to the parking requirements. • Said that the Economic Development staff met today with approximately 20 to 25 Village representatives, business and property owners. Mr. Robert Davis for Mrs. Elizabeth Klear, 14420-14422 Big Basin Way, Saratoga: • Reported that business is down in the community. Planning Commission Minutes for July 27, 2005 Page 10 • Said that while they initially had parking concerns, they support this application. Mr. Cliff Nichols, 21221 Canyon View Drive, Saratoga: • Said that he has been living in Saratoga since January 2005. • Reported that he had worked for Starbucks in Baltimore and can assure that they take care of their employees. • Advised that he now works at the Argonaut Starbucks. Ms. Rebecca Fingerhood, 21221 Canyon View Drive, Saratoga: • Said that she too worked for Starbucks in Baltimore in a community similar to Saratoga. • Advised that she now works at a San Jose Starbucks after transferring across country following her mom’s death and return home to her family. • Stated that having a Starbucks would draw her to downtown Saratoga and feels it is a great idea to have one there. Ms. Valerie Farnum, 20295 La Paloma Avenue, Saratoga: • Said that she is a resident of Saratoga since she was eight years old. She is now a sophomore at New York University home for the summer. • Advised that she has been working at the Argonaut Starbucks for about a month now. Deborah Cunnington, Blue Rock Shoot, 14523 Big Basin Way, Saratoga: • Said that she has an open mind and heart. • Said that some residents are not interested in the development of the downtown. • Said that she wants the City to become vibrant and everyone wants to expand the tax base. • Expressed concern over the lack of communication between Council and the Planning Commission and business owners and residents of Saratoga. • Stated that no hearing noticing was provided to the existing coffee businesses. • Said that this noticing must be inclusive of all people. • Said that she wants to expand the downtown area and pointed out that 98 percent of the businesses in the downtown are sole proprietorships. • Cautioned that the City is not considering the impacts on them. • Agreed on the need to increase the vibrancy of the Village and bring it into the 21st Century. • Suggested that this decision is already a “fait accompli” and that whatever they may say tonight won’t matter. • Stated that foot traffic would not increase in the Village with Starbucks. Ms. Sarah Yip, International Coffee Exchange: • Said that she is speaking on behalf of her childhood friend, the owner of the International Coffee Exchange. • Explained that her friend’s husband died a few years ago, leaving behind a wife and four children. Two years ago, her friend put her life savings into this business and it is all that they have. • Asked that this Starbucks not be approved to allow existing businesses to continue to make a living. Planning Commission Minutes for July 27, 2005 Page 11 Mr. I.D. Allan, 14426 Black Walnut Court, Saratoga: • Questioned the determination that this use would not have parking or traffic impacts. • Said he has no position on this application one way or the other but he wants the data to support whatever decision is made. • Added that he is uncomfortable with a decision being made without studying the effects of a Starbucks on the existing businesses. Ms. Mary-Lynne Bernald, 14398 Evans Lane, Saratoga: • Stated that she is a 26-year resident and previously worked in the Village. • Said that she is aware of the importance of foot traffic. • Advised that she is also a former Planning Commissioner and was on the Commission when Starbucks previously came before it in 1996 at which time it was voted down. Since that time, she has heard what a shame it was that it had not been approved. It was denied due to parking and traffic issues. • Asked the Commission to please look at the traffic situation there today. • Said that she has been to Starbucks and it is busy all the time. • Said that traffic and parking issues remain a concern today. Ms. Rebecca Clarke, 14543 Oak Street, Saratoga: • Said she is a resident of Saratoga who has lived near the Village since 1999. • Said that the main consideration should be the rejuvenation of the town. • Said that she has nothing against Starbucks but feels that the Commission and Chamber of Commerce are letting the Village down. She does not feel that the Village is being well represented here. • Cautioned that Starbucks is not the catalyst for redevelopment of the Village. • Added that the Planning Commission has not done its homework. Ms. Shirley Cancellieri, 14860 Cody Lane, Saratoga: • Expressed her opposition to this Starbucks. • Said that there are enough coffee shops in the Village and that she is concerned about the traffic in this corner. • Said that outdoor seating would look sloppy here. This is the wrong place. • Reported that she has only gone to Starbucks once or twice only to use their bathroom. • Said that she is upset. We don’t need another place where kids can hang out late. • Stated that she is totally against this request. We don’t need another Starbucks. We’ve got one already. • Suggested that all residents of Saratoga support its downtown by going there at least once a month. • Asked the Commission to do its job here and support the community. Mr. Ken Schulz, 15001 Springer Avenue, Saratoga: • Said he is neutral on Starbucks but is concerned about the data on traffic and parking. • Reminded that the peak traffic for Starbucks is 87 transactions per half hour. • Asked that the parking study be looked at further. • Encouraged the Commission to ensure that the sign approved is tasteful. Planning Commission Minutes for July 27, 2005 Page 12 Mr. Nasser Hiekal, 14410 Big Basin Way, Saratoga: • Said he is proud of his project, taking an old gas station and doing a fabulous job with it. • Said that he tried to capture the essence of the Village. • Stated that he loves Saratoga and is a former Los Gatos resident. • Said that this is a unique location for a Starbucks, which is one of the best-run companies in the United States. • Said that he knows the Codes, issues and community. The outdoor seating would be within a garden area. He proposes pavers for the parking lot to make it even more attractive. • Said that many local businesses have indicated support for Starbucks, which will be a great asset for the Village, helping to bring more business. • Said that he needs a good anchor tenant to draw new business to his center. Commissioner Uhl told Mr. Nasser Hiekal that he did an outstanding job on the building. It looks outstanding as the entrance to the Village. He asked why it is hard to get an anchor tenant. Mr. Nasser Hiekal replied that the demographics don’t support it. Commissioner Uhl asked Mr. Nasser Hiekal what other opportunities he has pursued. Mr. Nasser Hiekal said there is potential for a bookstore, gallery, fast food and/or ice cream shop. Mr. Bill Cooper, 14503 Big Basin Way, Saratoga: • Said he is the owner of Bella Saratoga. • Assured that he too allows the public to use the restrooms at his business. • Said that one needs to think outside of the box on how to improve the Village. • Stated that competition is not bad nor is a destination-based business bad. • Said that he likes an old-fashioned Village and does not like a large chain to be the marker at the entrance of the downtown. • Suggested placing a Starbucks inside the Village and not at its entrance. • Said that petitions have been circulated and he is delivering them to the Commission this evening. • Said that this is an important decision and he does not understand why it is being made when three Commissioners are absent. • Said he took an informal survey at Kirkwood Shopping Center in Campbell. Other businesses saw no increase in business as a result of the addition of a Starbucks there. Mr. Alex Garcia, 20845 Fourth Street, Saratoga: • Said that he is a problem solver and the issue here is creating business for other businesses. • Stated that traffic is continually increasing and that nothing is being done to ensure the safety of pedestrians. • Asked that the Commission do some research on this. Planning Commission Minutes for July 27, 2005 Page 13 Mr. Eugene Zambetti, 14639 Big Basin Way, Saratoga: • Said that he is a commercial property owner in the Village and a resident of Oak Street. • Said that the issue here is parking. • Said that he hopes that if this were approved, there would be a 12-month review. • Said that he does not support restraining trade. All will survive if they take care of their customers. • Expressed support for the establishment of Parking District #5. Commissioner Uhl asked Mr. Bill Cooper where the petitions were circulated and when. Mr. Bill Cooper said the signatures were collected during the last few days. Chair Nagpal asked how they were collected. Ms. Jeanette Ryan-Hathaway advised that the petitions were left on the counter for patrons to sign voluntarily. Mr. Francisco Morin said that there are more signed petition sheets available. Ms. Deborah Cunnington said that they were left on the counter at her business as well at other merchants’ establishments. Miss. Andra Chao, daughter of owner, International Coffee Exchange: • Said that on behalf of her mother, she is asking that this request be denied. Mr. Zeden Jones: • Said that this evening’s response is overwhelming. • Expressed support for the conduction of a pedestrian traffic study both before and following the establishment of Starbucks at this location. • Said they are willing to participate. • Said that when attempting to identify another downtown like Saratoga, he cannot. Saratoga is unique. • Pointed out that Argonaut is a high volume store. • Said that Starbucks has brand recognition and does act as a catalyst to create foot traffic. • Reminded that Starbucks is just another choice. It has a limited menu. • Said that he thinks that the existing businesses would continue to do well. Chair Nagpal sought clarification on the 87 peak transactions. Mr. Zeden Jones advised that this represents the number of transactions within a half hour at peak times. Chair Nagpal asked Mr. Zeden Jones if he is open to a condition that requires a 12 month review of the parking. Planning Commission Minutes for July 27, 2005 Page 14 Mr. Zeden Jones replied yes. He said that it sounds like it is warranted. He also supports the concept of a pedestrian traffic study. Commissioner Kundtz asked Mr. Zeden Jones how long the lease is for. Mr. Zeden Jones replied that it is a 10-year lease with five-year renewal options. He said that they would mitigate issues raised after one year, if necessary. Director John Livingstone reminded that the Commission retains jurisdiction over Use Permits and can require the applicant to come back before it with additional survey information. Commissioner Uhl asked if this is an on-going right for the Commission. Director John Livingstone replied absolutely. Ms. Deborah Cunnington said that the city should do the studies and not the applicant. Chair Nagpal closed the Public Hearing for Agenda Item No. 2. Chair Nagpal advised that a 3-1 vote or better is required to pass this item. A tie vote would equal a denial. Director John Livingstone said that if the project were denied, staff would bring back a revised resolution with findings for denial to be heard under Consent at the next meeting unless the Commission’s denial is appealed to Council. Commissioner Uhl asked staff to clarify a lack of “conspiracy theory” in regards to noticing. Director John Livingstone advised that the noticing is done off County Assessor’s rolls based on property owners. Owners within 500 feet are notified by mail. Commissioner Cappello said that this reaches owners but not necessarily their tenants. Director John Livingstone replied that this is true. Commissioner Cappello said that it is up to the owners to pass along the information to their tenants. Director John Livingstone replied correct. Commissioner Uhl asked if the noticing met the typical time frame. Director John Livingstone said that as indicated in the staff report, 10 day noticing is required. In this case, the noticing went out several days in advance of that and was mailed on July 14, 2005. Additionally, there was some media coverage of this item. Planning Commission Minutes for July 27, 2005 Page 15 Chair Nagpal pointed out that the competition issue is not a required finding. Issues include finding an application meets the zoning objectives and is not detrimental to the health, safety and welfare of the community. Director John Livingstone agreed that cities do not generally regulate business competition. He pointed out that lots of uses don’t require a Use Permit. Commissioner Cappello: • Advised that he does not personally drink coffee, making him a rare individual. • Said that he has no favoritism for Starbucks. • Said that compatibility with the surrounding area is of concern and whether this is an appropriate location for a Starbucks. • Questions whether Starbucks would help attract foot traffic to the Village and what the impacts of a Starbucks might be on other business downtown. • Said that he prefers a Starbucks be located further within the Village. • Said that a good comment was made about interior foot traffic not reaching this area of the Village. • Said that no concrete data has been provided on the benefits or impacts of a Starbucks. It could help business in the area or may be detrimental to the other coffee shops, at least initially. • Recounted a family experience with an ice cream shop his parents owned. Competition arrived but it ended up working out over time as new business was drawn to the area. • Said that he tends to be in favor of this application and likes the condition to require a study of impacts in six months’ time either by the applicant or a third party. Commissioner Uhl asked what happens six months down the road if traffic increases or if there is no positive pedestrian increases in the Village. Director John Livingstone said that it would be up to the Commission. Chair Nagpal said that there is the issue of whether additional conditions can be imposed if a traffic study validates traffic impacts. Director John Livingstone said that it would be possible to revoke the Conditional Use Permit. Commissioner Kundtz reminded that they are entering into a 10-year lease. Chair Nagpal said that additional conditions could be imposed to resolve any problems that arise. Commissioner Kundtz: • Thanked everyone for participating this evening. • Said that strong feelings have been expressed. • Explained that he is a 20-year resident of Saratoga and a new member of the Planning Commission. • Added that he sees the rejuvenation of downtown Saratoga as very important. Planning Commission Minutes for July 27, 2005 Page 16 • Said that his two sons go to St. Andrews school and he is well aware of the traffic patterns in this area. • Expressed his respect for individual proprietorships but feels that competition is a good thing in that it brings out the best in everyone be it in business or in sports. • Said that other types of chains may be proposed in the future that compete with other existing businesses. • Said that he is going to vote against this application for the reasons of public safety and not due to competition concerns. Since there is no direct access from Saratoga-Sunnyvale Road, there is a potential for problems accessing this location during high traffic times. • Encouraged Starbucks to consider locating further up the street in the Village. • Said it would be a mistake to approve this use here and have to revoke that approval after a year. Commissioner Uhl: • Said that this is not an easy decision by any means. • Said that he had talked to a number of people about it. • Said that Saratoga is a unique and special place but there is not enough life in the Village, it is going out of business. • Said that life must be brought to the Village. • Pointed out that a majority live here due to the small scale of the Village which should be preserved and enhanced. This use does not do that. It is not a pedestrian driven business but rather a drive through business proposed for a high traffic corner. • Said he cannot support his request although he wants this remodeled building to be successful. Chair Nagpal: • Said that this is a difficult decision. • Reported that she has gone down to the Village daily since receiving her Planning Commission packet for this meeting. • Said that of the three required findings, the issue of parking is the most difficult. • Said that she must leave the traffic issue to the experts. Fehr & Peers is a well-respected traffic-consulting firm. • Said that she can make the finding that this retail use is consistent with the zoning. • Said that she can make the finding that this use is not detrimental to the health, safety and welfare of the community. Downtowns are crowded and should be. • Pointed out that there are provisions to allow variations in parking requirements. Older downtowns often have parking issues. She said she could make the necessary finding on parking. • Said that the Commission is not in a position to limit competition. • Assured that she will support the International Coffee Exchange with her business in the future and found the letter from the owner to be very moving. • Reported that she visited a Starbucks in Monterey that is similar to what is proposed here. Commissioner Uhl questioned whether this use preserves the character of the small town. Commissioner Cappello said that it serves as a gathering spot. Planning Commission Minutes for July 27, 2005 Page 17 Commissioner Kundtz pointed out that sitting at a table does not equal pedestrian traffic. Per Starbucks, they are a convenience stop. Chair Nagpal: • Said that two types of customers come to Starbucks. Those who grab their coffee and leave and those who linger and sit there. • Said that nothing tells the Commission what other use might be right for this location. • Added that what we have here is a specific application for this location. Commissioner Uhl pointed out that the Village is very different from Argonaut and there are traffic impacts. Chair Nagpal: • Pointed out that revitalizing the Village will automatically equal more traffic. • Said that the City will have to look at parking. Today, parking will be okay. • Expressed appreciation for all who came this evening. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Kundtz, the Planning Commission DENIED a Conditional Use Permit (Application #06-018) to locate a Starbucks Coffee shop with indoor and outdoor seating in an existing tenant space on property located at 14410 Big Basin Way, Unit D, by the following roll call vote: AYES: Kundtz and Uhl NOES: Cappello and Nagpal ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None Director John Livingstone advised that a revised resolution for denial would be handled under the Consent Calendar at the next meeting. Chair Nagpal called for a break at 10 p.m. Chair Nagpal reconvened the meeting at 10:07 p.m. *** PUBLIC HEARING - ITEM NO. 3 APPLICATION # 04-164 (397-09-020) - SARUP, 19140 Panorama Drive; - The applicant requests Design Review Approval to demolish the structures on the property and construct a new single story home with a maximum height of 26 feet. The size of the home including the garage will be 5,900 square feet with a 3,720 square foot basement. The net lot size is 43,592 square feet and the site is zoned R-1-40,000. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: Planning Commission Minutes for July 27, 2005 Page 18 • Advised that the applicant is seeking Design Review Approval to demolish an existing single family resident and construct a new 5,900 square foot single-story residence with a 3,720 square foot basement and a maximum height of 26 feet. A pool will be added in the rear yard. • Described the area as consisting of one and two-story homes, some of which have a Mediterranean architectural style. The lots are generally one acre or larger. • Said that the proposal is compatible with the ambiance of the neighborhood and that no negative correspondence has been received to date. • Reported that several Arborist reports had been prepared. There are 36 Ordinance protected trees, nine of which are slated for removal with replacements required. • Stated that the required Design Review findings can be made in the affirmative. • Recommended approval. Commissioner Uhl asked for clarification that no negative comments have been received up to tonight. Planner Lata Vasudevan replied none so far. Chair Nagpal pointed out that just two of the trees are located within the proposed building envelope. She asked if the Arborist recommends the rest for removal due to their ratings Planner Lata Vasudevan replied correct. Specifically, there are safety implications for one large tree. Retaining it would jeopardize safety. Commissioner Uhl asked staff when the new staff Arborist would begin. Director John Livingstone replied that the City is still working on hiring a permanent Human Resources Manager. It will be about four to five months before the Arborist is hired. Chair Nagpal opened the Public Hearing for Agenda Item No. 3. Mr. B. Sarup, Project Representative: • Stated that this would be a good fit for the neighborhood and land with minimum grading required. • Said that this house would incorporate an old world type of ambiance with a veranda across the front of the house. • Said that there are similar homes in the area and that the neighbors are delighted with the design. Chair Nagpal closed the Public Hearing for Agenda Item No. 3. Commissioner Cappello: • Agreed that this is a good design for this neighborhood and lot. • Said that no objections have been raised. • Expressed concern about a couple of trees but said that the Commission has to trust the Arborist report regarding the need to remove them. Planning Commission Minutes for July 27, 2005 Page 19 Chair Nagpal asked if the Arborist concentrates his review to trees located within the proposed building footprint. Director John Livingstone replied that any trees that could be impacted by a project are evaluated. If necessary, tree protection requirements are established. Commissioner Uhl said that this is a beautiful design. A great job has been done. There are no negative comments. Congratulated the applicant for a great project. Motion: Upon motion of Commissioner Cappello, seconded by Commissioner Kundtz, the Planning Commission granted Design Review Approval (Application #04-164) to construct a new single-story home with basement on property located at 19140 Panorama Drive, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 4 APPLICATION # 05-103 (510-01-030) - SILVERSTEIN, 19896 Park Drive; - The applicant requests Design Review Approval to demolish the existing home and construct a new single- story home with a maximum height of 23.3 feet. The size of the home including the garage will be 4,828 square feet. The net lot size is 25,000 square feet and the site is zoned R-1- 20,000. (LATA VASUDEVAN) Associate Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the demolition of an existing single-family residence and the construction of a new single-story residence. • Said that this development consists of ranch style homes and was established in the 1940s. Several homes in this neighborhood have been rebuilt and/or remodeled. • Said that the new home would be located closer to the front property line. • Reported that the applicant has shown the plans to the neighbors and positive comments were received by all and have been attached to the staff report. No negative comments were received. • Said that there are seven Ordinance protected trees on site. Only one, a Cedar, is proposed for removal per the City Arborist. • Advised that the findings can be made to support this application. The renderings for this house are beautiful. Chair Nagpal opened the Public Hearing for Agenda Item No. 4. Mr. Silverstein, Project Architect: Planning Commission Minutes for July 27, 2005 Page 20 • Said that this project is within the boundaries of the other houses in this neighborhood. • Stated that the low frontage would be compatible with other nearby houses. • Reported that the current house on this property would be disassembled and recycled. • Added that solar energy would be incorporated in the new residence. • Reiterated that the project would be compatible with the existing surroundings. Chair Nagpal stated that this house has a beautiful design. Chair Nagpal closed the Public Hearing for Agenda Item No. 4. Commissioner Uhl: • Said that he loves this one. It is a model property and is beautifully designed and well aligned with this neighborhood. • Said that this home would add to the community. • Added that this is a great property and a great job was done. • Stated he was fully supportive. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Cappello, the Planning Commission granted Design Review Approval (Application #05- 103) to construct a new single-story home on property located at 19896 Park Drive, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 5 APPLICATION # 05-068 (503-28-075) - TANG, 20851 Canyon View Drive; - The applicant requests Design Review Approval to construct a two-story single-family residence. The project includes the demolition of an existing two-story residence. The total floor area of the proposed two-story residence is 2,880 square feet. A 1,104 square foot basement is proposed. The maximum height of the proposed residence is 23.2 feet. The gross lot size is 18,373 square feet and the site is zoned R-1 40,000. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to construct a two-story single-family residence and demolish the existing two-story residence. The new home is proposed at 2,880 square feet with a 1,104 square foot basement. The maximum height is proposed at 23.2 feet. The lot size is 18,373 square feet gross and the zoning is R-1- 40,000. • Described the proposed materials as including grey concrete tile roof with horizontal siding. Planning Commission Minutes for July 27, 2005 Page 21 • Explained that the project was revised to preserve 12 more trees. Six trees would be removed. • Said that neighbors’ views are currently unobstructed. The applicant lowered the slope of their roof to preserve their neighbors’ views. • Recommended approval. Commissioner Cappello questioned the color boards provided and sought clarification that roof tiles are now sought instead of the composition roofing depicted on the color boards. Planner Christy Oosterhous replied yes. Commissioner Uhl questioned the placement of retaining walls. Planner Christy Oosterhous replied that the proposed retaining walls are less than five feet in height and would be located between the house and roadway but tucked in by the residence. Commissioner Uhl said that they would be tucked in behind existing bushes and landscaping. Chair Nagpal opened the Public Hearing for Agenda Item No. 5. Mr. Steve Yen, Project Architect: • Said he was available for any questions. • Pointed out that the existing house on this property is in poor shape. • Assured that none of the retaining wall, depicted on the C-1 plan sheet, would be visible from street level. They would be very low. • Added that they will preserve as much of the existing landscaping as possible. Chair Nagpal closed the Public Hearing for Agenda Item No. 5. Chair Nagpal sought clarification that geotechnical reports occur after approval. Planner Christy Oosterhous said that the geotechnical report is completed already and conditions have been incorporated into the Conditions of Approval. Director John Livingstone added that the geotechnical reports are required up front and in advance. Commissioner Cappello: • Said it was commendable to redesign the project in order to preserve more trees and must not have been easy. • Stated that they have done a great job. • Added that the project does not interfere with views. Motion: Upon motion of Commissioner Uhl, seconded by Commissioner Cappello, the Planning Commission granted Design Review Approval (Application #05-068) to allow the construction of a new two-story single-family Planning Commission Minutes for July 27, 2005 Page 22 residence with basement on property located at 20851 Canyon View Drive, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 6 APPLICATION #04-379 (503-26-009) TRAN, 20840 Fourth Street; - The applicant requests Design Review Approval to construct a two-story single-family residence. The project includes the demolition of an existing one-story residence. The total floor area of the proposed two-story residence is 2,559.4 square feet. A 1,496.66 square foot basement is proposed. The maximum height of the proposed residence is 24 feet. The gross lot size is 5,177 square feet and the site is zoned R-1 10,000. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking Design Review Approval to allow the construction of a new two-story single-family residence with 2,559 square feet and 1,496 square foot basement and the demolition of an existing single-story residence. The maximum height of the new residence would be 24 feet. The lot size is 4,177 square feet and the zoning is R-1-10,000. • Said that a juniper is proposed for removal. • Described the building materials as including composition shingle roofing and cultured stone accents. • Said that comments in opposition were received from two neighbors due to hillside view impacts and privacy impacts. • Recommended approval. Commissioner Kundtz asked about the neighbor issues and concerns, specifically Ms. Esparanza Garcia’s. He asked if there are unreasonable view impacts. Planner Christy Oosterhous said that the Garza’s views are not impacted from the front porch or residence but there are serious view impacts from a picnic table in the yard. Commissioner Cappello asked about the setback requirements for this lot. Planner Christy Oosterhous reported that there are not a lot of smaller lots such as this 50- foot wide lot. The side yard setback is 10 percent of the lot width or 6 feet, whichever is greater. There is an additional five-foot setback required for the second story. Chair Nagpal opened the Public Hearing for Agenda Item No. 6. Ms. Rachael Frame, Project Representative: • Advised that she is here to represent the property owner. Planning Commission Minutes for July 27, 2005 Page 23 • Pointed out that a lot of homes in this neighborhood have been increased into two-story homes and that this lot is unusually shaped and small. • Stated that the architect has made the most of the house on this lot but that it is not a very big house. It is reasonable for a family of four. • Said that Planner Christy Oosterhous has addressed everything and the owner is here too. • Added that she would like to hear what the opposition has to say and then have an opportunity to rebut. Commissioner Kundtz asked if there are intentions to mitigate privacy impacts for the adjacent single-story residence. Ms. Rachael Frame said that some windows were raised and/or obscured. Chair Nagpal asked if all seven windows on that elevation are raised or obscured. Planner Christy Oosterhous replied except for one larger picture window. Mr. Alex Garcia, 20845 Fourth Street, Saratoga: • Expressed his disagreement with the front façade of this house saying that it does not do justice to the aesthetics of the area at all. • Said his family has lived here for 35 years and that they have nothing against improvements on their neighbors’ home. • Said that he does not understand why this house has to be built so high. • Suggested that perhaps a bigger basement could accommodate the required square footage. • Disagreed that there would be no view obstruction. • Pointed out that this lot is small and every setback is being used up. • Suggested an alternate plan as his family cannot agree with the loss of mountain views. • Said that this home should not be able to look into his front living room window. Mr. Albert Buzo, 37 E. Hedding Street, San Jose: • Said he was the representative for Ms. Esparanza Garcia. • Said that they have concerns that include privacy issues, view impacts/obstructions and the size of proposed home. • Pointed out that Mrs. Garcia has lived in the area for a long time. • Said that having a 2,500 square foot home on a 5,000 square foot lot is of concern. This proposed house represents half the size of the entire lot. • Said that a home of this size would be fine on a lot that is 7,500 to 10,000 square feet but it is a large home for a 5,000 square foot lot. It is simply too big and will not fit in with the homes in the area. • Pointed out that although the staff report compares and references nearby condos, this is neither a condo feel nor a condo neighborhood. • Said it looks like someone took Code parameters and took them to the limit. This is not a good precedent for this City and community to set. Mr. Ken Schulz, 15001 Springer Avenue, Saratoga: Planning Commission Minutes for July 27, 2005 Page 24 • Said that he lives at the back of this property. • Stated that this project represents the poster child for monster homes. It is a huge home on a small lot. • Disagreed with the report’s conclusion that there are minimal privacy impacts or concerns. • Said that from his rear window he currently sees trees. He would see a home now and envisions a time when he might see a wall of two-story houses behind him in the future. • Pointed out that these owners purchased a single-story house. • Expressed fear that this is a slippery slope and that this proposal is not within the spirit of the area. • Asked that this project not be allowed to max out every possible square inch. • Reminded that this is an incredibly small lot and questioned if a 4,100 square foot house is required for a family of four. Eric and Sherry Kraule, 20850 Fourth Street, Saratoga: • Said that they live next door and have a single-story home. • Pointed out that a large two-story was constructed next door to them impacting their privacy. Their bathroom and children’s’ bedroom windows are visible by their neighbors. This new home would impact the master bedroom. • Reminded that not all homes in this neighborhood are two-story. More are single-story including their own. • Said that when they remodeled their home they tried to fit their home within this neighborhood. • Stated that they are not leaving. They will be here forever and will be impacted with whatever is done here. • Assured that they don’t want to be nasty neighbors but that they want their neighbors to fit in with the existing neighborhood. Commissioner Kundtz asked the Kraules if they ever would envision a two-story home for themselves on their property. Ms. Sherry Kraule replied never, adding that she’s the type to fall down stairs. Their family is two adults and three kids. Chair Nagpal asked Ms. Sherry Kraule how large their lot is. Ms. Sherry Kraule replied that it is about twice the size of this parcel at approximately 10,000 square feet. It is way bigger. Director John Livingstone told the Commission that they could compare lot sizes by looking at the map on the cover of the staff report. Mr. Kiet Tran, Applicant and Property Owner, 20840 Fourth Street, Saratoga: • Said that he felt that his neighbors’ concerns had been addressed. • Clarified that there are no plans for a bay window on the second floor only on the first floor. Planning Commission Minutes for July 27, 2005 Page 25 Ms. Rachael Frame said that privacy impacts are more important when it concerns bedrooms rather than when it means seeing into a living room. Mr. Kiet Tran: • Said that he is remodeling his home, nothing different than what neighbors have done in the area. • Said that he showed his plans early on to his neighbors and obscured or raised windows as well as adding screening trees. There is but one picture window at the back. • Stated that his small irregular lot is a challenge and that he has met the setbacks and zoning requirements of the City with his proposal. • Pointed out that while 26 feet is the maximum height allowed, he initially proposed 25 feet and reduced that to 24 feet to address concerns raised by neighbors. Chair Nagpal asked for the height of the flat area of the room. Planner Christy Oosterhous replied 22 feet and that it drops lower to the back. Mr. Kiet Tran said that he chose the Craftsman style to match the area and reiterated that many additional trees are planned for this property. Chair Nagpal sought clarification that all rear second floor windows are obscured or raised except for one. Mr. Kiet Tran agreed, saying except for the window at the center of the back second story elevation. Chair Nagpal asked whether three of the rear elevation windows are obscured. Planner Christy Oosterhous replied yes. Chair Nagpal asked about the planting proposed. Planner Christy Oosterhous said that the proposed species need to be revised per input from a neighbor. Commissioner Uhl asked if the Arborist looks at landscape. Director John Livingstone replied not the species planned but the efforts to preserve existing trees. Mr. Kiet Tran pointed out that the Arborist recommends the trees proposed. Director John Livingstone said that the trees proposed are medium sized trees and would be planted as 24-inch box specimens. Chair Nagpal closed the Public Hearing for Agenda Item No. 6. Planning Commission Minutes for July 27, 2005 Page 26 Commissioner Cappello: • Said that he has no issue with a two-story since there are others in this neighborhood. • Stated that this is a neighborhood in transition. • Added that he has no issue with the fact that this project is maxed out as it does not violate any Ordinance. • Said that the issue is privacy and bulk. • Stated that other things can be done to further minimize the impact on neighbors. • Said that it is inevitable that a two-story will be constructed at this location. It would have to be in order to warrant rebuilding here at all. • Said that he is not in favor of this project as it is proposed today since findings on a lack of view impacts cannot be made. Commissioner Uhl said that he respects the time spent by this applicant but that he has problems with the three required findings including views impact, minimization of bulk and compatibility. He said that while he feels for the applicant he couldn’t support this project at this point. Chair Nagpal asked for specific suggestions for this applicant. Director John Livingstone pointed out the heights of other homes reviewed and approved on this evening’s agenda. They included 23, 25 and 26-foot high single-story homes. Commissioner Uhl said he does not believe that this has to be a two-story. Chair Nagpal reminded that the maximum lot coverage is 2,560 square feet. Commissioner Uhl said that it would be 3,200 square feet with the basement. Chair Nagpal pointed out that basement space is not counted. Commissioner Uhl said that if the house were a two story, the minimization of bulk and heights would be reduced with greater setbacks. This proposal is too towering and too close to its neighbors. Commissioner Kundtz said he echoes the comments made. A lot of work has been done but reconsideration must still be done. Chair Nagpal: • Suggested asking the applicant if he prefers a denial tonight or a continuance. • Pointed out that it does not look like there is sufficient support today for approval as the project stands. • Said that if the project is voted upon and denied, the applicant would have the option to appeal that action to Council. If the item is continued, revisions can be made to the proposal. Ms. Rachael Frame asked for suggestions on how to make the house more private for the neighbors and reminded that the Kraules have a two story behind them. Planning Commission Minutes for July 27, 2005 Page 27 Chair Nagpal asked whether the applicant prefers a denial or continuance. Mr. Kiet Tran said that specific suggestions would be helpful as there is not a lot of space to move on this property. Chair Nagpal asked Mr. Kiet Tran if his preference is a continuance or he could appeal a denial to Council. Mr. Kiet Tran said that he would like to take suggestions from the Commission and work on his project for the next meeting. Commissioner Cappello: • Said that he has no issue with the height and bulk and that this is a neighborhood in transition and that the neighbors will have to give a little bit. • Said he has no issue with a two-story but that little more can be done to minimize views and privacy. Commissioner Uhl: • Said that Findings A, D and E cannot be made. There is interference with views and privacy. • Said that the second story would need to be minimized and made much smaller. The bulk and height would have to be minimized. • Added that the project must not maximize all limits. It needs to be shrunk down. Commissioner Kundtz said that smaller is better and perhaps a story-and-a-half design could be considered. Chair Nagpal: • Said that she thought this was a decent looking project although it is the smallest lot in the immediate area. • Reminded that there do exist two-story homes in the neighborhood although on larger lots. • Said that this project interferes with views and privacy and give a perception of bulk. • Asked staff if they have enough to work on with these comments. Planner Christy Oosterhous replied yes. Director John Livingstone suggested that the Commission make a motion to continue this item to a date uncertain. The neighbors will be re-noticed. Motion: Upon motion of Chair Nagpal, seconded by Commissioner Cappello, the Planning Commission CONTINUED TO A DATE UNCERTAIN consideration of Application #04-379 to allow the construction of a new two-story, single- family residence with basement on property located at 20840 Fourth Street, by the following roll call vote: AYES: Cappello, Kundtz, Nagpal and Uhl NOES: None Planning Commission Minutes for July 27, 2005 Page 28 ABSENT: Hunter, Rodgers and Schallop ABSTAIN: None Commissioner Cappello reiterated that it is inevitable that a two-story will be built on this location and suggested that all parties work together to find a solution that is a compromise that works for all sides as best as possible. *** DIRECTOR’S ITEMS Reminder of Cancellation of August 10, 2005 Meeting: Director John Livingstone reminded the Commission that there would be no meeting held on August 10, 2005. Thanks for Handling this Large Agenda: Director John Livingstone thanked the Commissioners for dealing with tonight’s larger agenda. He said that staff does not usually pack an agenda like this. Thanks to Staff: Director John Livingstone commended Planners Christy Oosterhous and Lata Vasudevan for the extra duty they have been pulling over the last couple of months. He advised that two new staff planners are just starting. Chair Nagpal thanked all Commissioners for their attendance today. COMMISSION ITEMS Story Poles/Arborist at Meetings: Commissioner Uhl said that the use of story poles is hugely helpful and extended kudos on that. Said that having an Arborist at meetings would be nice. Director John Livingstone cautioned that applicants would have to pay the cost of that attendance. Study Session – August 24, 2005 Director John Livingstone reminded that the Study Session has been rescheduled to August 24, 2005. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Planning Commission Minutes for July 27, 2005 Page 29 Upon motion of Commissioner Uhl, seconded by Commissioner Kundtz, Chair Nagpal adjourned the meeting at 11:40 p.m. to the next Regular Planning Commission meeting of August 24, 2005, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk