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HomeMy WebLinkAbout03-12-2003 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, March 12, 2003 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:01 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Jackman, Kurasch and Zutshi Absent: Commissioners Barry and Roupe Staff: Director Tom Sullivan and Planner Christine Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of February 26, 2003. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kurasch, the Planning Commission minutes of February 26, 2003, were approved as submitted with one correction to page 13. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None ORAL COMMUNICATION There were no oral communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 6, 2003. REPORT OF APPEAL RIGHTS Chair Jackman 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). Saratoga Planning Commission Minutes of March 12, 2003 Page 2 CONSENT CALENDAR There were no consent calendar items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #02-272 (APN 397-23-007) – BIERACH, 20355 Orchard Rd: Request for Design Review Approval to construct first and second story additions to an existing one-story residence. The total floor area of the proposed two-story residence is 2,283 square feet. The maximum height of the proposed residence is 21 feet, 6 inches. The lot size is approximately 7,300 square feet and the site is zoned R-1-10, 000. (CHRISTINE OOSTERHOUS). Planner Christine Oosterhous provided the staff report as follows: • Advised that the applicant has submitted changes to the architectural elevations. • Said that with that she had no further information to present tonight. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:07 p.m. Mr. Kirk Bierach, Owner/Applicant, 20355 Orchard Road, Saratoga: • Thanked the Commission for its honest feedback on his design. • Stated that he is happy with the changes made. Mr. Jim Sorden, 14091 Shadow Oaks Way, Saratoga: • Stated that he has resided in Saratoga for 30 years. • Declared that the Commission should approve this project as modified, as it will represent an extraordinary addition to the neighborhood. • Described several conditions in the immediate area, included a lighted billboard and several multi- storied buildings, and questioned why these were ever permitted to be constructed. • Said that this is a lovely house and that the plans have been improved with the Planning Commission’s input. • Encouraged approval. Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 7:10 p.m. Commissioner Garakani: • Advised that he visited the site yesterday. • Said that this has been a sensitive application that warranted more time. • Stated that he was glad the applicant worked with staff to fix the issues raised. • Said that now everyone is happy with the proposal and that this is now a good project that he can support. Commissioner Zutshi stated that she had thought this project looked fine when considered two weeks ago. Said that it now looks even better with the added shutters and said she has no problem with the project. Saratoga Planning Commission Minutes of March 12, 2003 Page 3 Commissioner Kurasch said that she had had concerns regarding the rear and side profiles and now finds the project more attractive. Chair Jackman said that she is fine with the project and finds it to be much better. Commissioner Hunter said that she had had concerns about impacts on a Heritage Lane. Thanked the applicant for his efforts. Stated that she spoke with the Heritage Preservation Commission and they are fine with this project. Expressed her support. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Kurasch, the Planning Commission granted Design Review Approval (Application #02-272) to allow the construction of first and second story additions to an existing residence on property located at 20355 Orchard Road, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None *** PUBLIC HEARING – ITEM NO. 2 DR-01-035, UP-01-013, ED-01-002 (393-25-022) ST. ANDREWS PARISH AND SCHOOL, 13601 Saratoga Avenue: The applicant requests Design Review and Use Permit approval to construct new facilities for St. Andrew’s Parish and School. The proposed project includes the demolition of existing buildings and the construction of the following facilities: Performing Arts/Gymnasium, Sunday School Rooms, Administration Offices, Classrooms, Clergy Offices, Parish Center and a Bell Tower. The project also includes: a memorial garden, covered walkways, an outdoor eating area, re-grading and reconfiguring the parking lot and eliminating off-site queuing. New building construction will total 72,345 square feet and will include six new structures. The existing sanctuary is to remain. (CHRISTINE OOSTERHOUS) Planner Christine Oosterhous presented the staff report as follows: • Informed that St. Andrews Parish and School seeks Design Review and Use Permit approvals to allow the demolition of all existing structures, except for the Sanctuary, and the construction of six new buildings. • Advised that there have been many meetings and hearings and she would therefore keep her comments this evening brief. • Said that upon review, staff has determined that an Amendment to the General Plan was passed in 1985 that permits three-story structures on Quasi-Public Facilities zoning districts. Therefore, three-story buildings are permissible at this site. • Advised that minor revisions have been made to the project, including the four-foot reduction in height of one building to 20 feet. • Said that last Friday an on-site meeting was held to discuss issues including landscaping and fencing. • Added that there are still some unresolved issues with some of the neighbors. Saratoga Planning Commission Minutes of March 12, 2003 Page 4 • Stated that the Heritage Preservation Commission reviewed the impact of this project on the Heritage Lane and unanimously voted to support this project. • Advised that, with the exception of the Bell Tower, staff is supportive of this proposal with conditions. • Recommended approval of the environmental documents, including the Mitigated Negative Declaration and the Mitigation Monitoring Program. • Said she would be available for questions. Commissioner Kurasch asked if per Resolution 2285, which amended the text to the Land Use Element of the General Plan, the provision of three-story heights must be permitted. Planner Christine Oosterhous replied no, just that a three story height was not prohibited outright. Commissioner Kurasch asked what conditions would lead to permitting or not permitting three-story heights. Director Tom Sullivan replied the same design criteria considered for any building, including bulk, mass and articulation. Commissioner Kurasch asked what other exceptions are required for this proposal, other than the request for three stories. Planner Christine Oosterhous replied site coverage, floor area, height limits and setbacks. Commissioner Kurasch asked what specific setbacks. Planner Christine Oosterhous replied the requirement for one foot for each foot over 18 feet in height. Commissioner Kurasch asked about the mitigation required for the north classroom building as it impacts the privacy of the adjacent residential property owner and pointed out that a solution might be to reduce the ceiling height in order to also reduce the overall building height. Planner Christine Oosterhous said that the north classroom building is mostly 30 feet from the property line, 28 feet at the closest points to the property line. Commissioner Hunter asked if the lowering the classroom building to 30 feet also lowered the ceiling heights to 8 feet. Planner Christine Oosterhous replied that the 30 foot high, two-story classroom building still includes 9-foot ceiling heights. Commissioner Kurasch asked about the height of the combination Administration/Classroom building. Planner Christine Oosterhous replied 44 to 45 feet. As viewed from Saratoga Avenue, it is 32.5 feet high but from the rear of the property, it is 45 feet high. Commissioner Garakani pointed out that when this project was before the Commission some time ago the Planning Commission requested several things and gave direction. Asked if a summary exists of Saratoga Planning Commission Minutes of March 12, 2003 Page 5 those requests and whether they were incorporated. Gave the example of having requested projections regarding visual impacts from neighboring properties. Planner Christine Oosterhous pointed out that the North Classroom building and Parish Center views are provided on Sheet A.3.5. Commissioner Garakani again asked if a summary of what had been requested is available. Commissioner Hunter reminded that no specific motion was made just a variety of comments. Commissioner Kurasch said that she made a list at the time that included four major areas of concerns: the intensity of the project and the desire to see it fit better onto the site; the lowering of building heights; the reduction of bulk; more consideration of neighbors’ visual impacts and a simulation of the bell tower. Commissioner Zutshi asked if story poles were requested. Planner Christine Oosterhous replied that staff did request story poles. Commissioner Zutshi pointed out that the amendment that permitted three-story structures required that they be compatible with existing structures. Asked staff if this application is considered to be compatible. Planner Christine Oosterhous replied that this determination is part of the decision making being done by the Commission tonight. Commissioner Kurasch asked if this amendment to allow three-story heights has been applied to any other property. Director Tom Sullivan replied the Oddfellows project in 1995. Commissioner Zutshi asked staff what they are recommending regarding the Bell Tower. Planner Christine Oosterhous replied that staff is recommending the reduction in height and frequency of proposed bell ringing. Suggested that that particular issue might be best brought back for further consideration. Commissioner Kurasch asked how the progression of staff recommendations has occurred between October and today. Planner Christine Oosterhous replied that in October, staff had still thought that three-story building elements were prohibited but has since learned that through the General Plan amendment this assumption is not correct. Added that they had taken a more conservative approach. Chair Jackman opened the Public Hearing for Agenda Item No. 2 at 8:30 p.m. Mr. Scott Sheldon, Project Representative, Premier Commercial: • Gave a rundown on the various members of the project team present this evening. Saratoga Planning Commission Minutes of March 12, 2003 Page 6 • Stated that Planner Christine Oosterhous has already given a good summary of the project. • Stated that they have been working with staff on design changes as well as having worked with neighbors. • Advised that they are sensitive to their neighbors and the community, having held a series of workshops to discuss their project and having an open door policy for input. • Declared that what they have before the Commission represents the best project they can possibly make. • Said that they have some differences with staff recommendations. • Stressed the importance of having 9-foot ceiling heights. • Stated that they went to the manufacturer of the Bell Tower and have learned that what they are proposing is the minimum height and size necessary to accommodate the bells. • Added that they moved the Bell Tower closer to the church and further away from Saratoga Avenue. • Acknowledged the requirement for no building being over 30 feet in height as visible from Saratoga Avenue. • Reminded that there are 7 to 8-foot grade changes along Saratoga Avenue. • Said that they feel that 200-foot setbacks and additional landscaping can screen most buildings and/or provide a very filtered view from Saratoga Avenue. • Added that lowering the height any further would cause problems with the pitching of the roofs. Instead of a pitched roof, buildings would end up with a parapet that is more of a commercial look than they want to achieve. • Expressed concern about the proposed cap on student enrollment at 439 students plus a one-percent differential. • Stated a preference for a total enrollment cap at 450 with the one-percent differential. This would keep the enrollment under historical enrollment. • Said that they have no problems staying within Noise Standards in regards to amplified sound and offered to construct an eight-foot acoustical fence adjacent to residences to mitigate any amplified sound impacts. • Assured that they would comply with Noise Ordinance standards. • Made himself available for any questions. Commissioner Garakani said that despite the work with neighbors, the Commission has before it a petition signed by 19 neighbors objecting to this project for various reasons. Asked when is the last time the project applicants discussed their plans with the surrounding neighbors. Mr. Scott Sheldon replied that they met with neighbors many times over the last two years but that many meetings were poorly attended. Added that they cannot make the neighbors attend these meetings and that these letters of opposition are very recent and that when he discusses interaction with neighbors, he is mostly speaking of the adjacent property owners. Commissioner Garakani asked staff if it is normal not to share correspondence received about a project with the applicant until the public hearing. Director Tom Sullivan advised that any additional items received since the distribution of the packet were distributed this evening. The applicant gets what the Commissioners get. Mr. Scott Sheldon advised that he received the staff report on Saturday. Saratoga Planning Commission Minutes of March 12, 2003 Page 7 Commissioner Kurasch: • Inquired about the intent of the one-percent variance in allowed enrollment numbers. • Added that per one letter, this is of particular concern due to concerns about the intensification of the use of this site including increase in capacity, noise and traffic. • Asked about what aspect of enrollment numbers would result in a further review by the Commission. Mr. Scott Sheldon replied that he would suggest a simplification to cap the enrollment outright at 455. Any enrollment above that figure would require Planning Commission review and approval. Commissioner Kurasch asked Mr. Sheldon if he is willing to accept a Condition of Approval limiting maximum enrollment to 455 students. Mr. Scott Sheldon replied that they would agree to such a Condition of Approval. Planner Christine Oosterhous stated that staff’s recommendation is an enrollment cap of 439 with the one-percent differential requiring additional Planning Commission review. Mr. Scott Sheldon stressed his recommendation to simply set an enrollment cap without a variance percentage. Added that the upgrade to the school is not intended to be growth inducing but rather to offer better quarters for the existing students. Commissioner Kurasch said that the Commission has to go by the Negative Declaration recommendations and reminded that 15 families have cited this potential growth as a concern. Mr. Scott Sheldon said he has no problem with that and agreed that this cap may help alleviate concerns. Commissioner Kurasch suggested a reduction in the massing for the Performing Arts building and the possible elimination of the Bell Tower. Mr. Scott Sheldon: • Replied that the Bell Tower is felt to be a real asset to the City of Saratoga and would be very unique. • Stated that they have been sensitive to the neighborhood. Some like it while some do not. However, they will comply with the City’s Noise Ordinance standards and that a schedule has been prepared for the use of the Bell Tower. • Said that three story structures are part of the zoning allowances, especially on a property with a slope of about 10 percent that allows the use of three-stories in an efficient way. • Added that what is on the site now is not significantly different from what they are proposing. However, they have internalized the corridors for security purposes while right now most of the corridors are on the exterior of the classroom buildings. Having interior corridors will make the school more secure as well as be more aesthetically pleasing. • Reminded that from Saratoga Avenue, what will be visible appears to be a two-story structure that is well buffered. Commissioner Garakani asked for details on the plans for bell ringing. Saratoga Planning Commission Minutes of March 12, 2003 Page 8 Mr. Scott Sheldon said certain special events such as wedding, funerals, holidays and significant events. Commissioner Garakani questioned if bells are not planned to be rung for each Sunday. Mr. Scott Sheldon replied twice on Sunday. Chair Jackman pointed out the schedule that states bells ringing ten times at 9:55 a.m. and one time at 11:15 a.m. and 5 p.m., approximately 20 weddings per year and holidays such as Christmas Eve and New Year’s Eve. Commissioner Kurasch asked if the Bell Tower has been scaled back from what was seen before. Mr. Scott Sheldon replied no. However, they have moved the Bell Tower further back on the site. Commissioner Zutshi asked for the square footage of the Bell Tower. Mr. Scott Sheldon reminded that it is the minimum size possible to accommodate the bells per the manufacturer, at 16 feet by 16 feet. Ms. Mary Ann Escobar, 12684 Indio Court, Saratoga: • Identified herself as the President of the St. Andrew’s Parents Association Board and a lifelong resident of Saratoga. • Asked supporters of the project present in the audience to raise hands to identify themselves to the Commission. • Said that St. Andrews is 40 years old and is a facility in need of remodeling and updating. Commissioner Zutshi asked how many families represented live in Saratoga. Ms. Mary Ann Escobar said more than half. Commissioner Zutshi asked how many present this evening actually live within the perimeter of the school. Commissioner Garakani narrowed the question by asking how many live within a block or two of the school. Approximately two members of the audience raised their hands. Mr. Tim Sparks, 19562 Via Monte Drive, Saratoga: • Said that he has resided here for about 14 years and has three children at the school. • Stated that he considers himself to be a neighbor of the school and also serves as President of the Board of Trustees. • Declared that he has been heavily involved in this project and has been active in both the church and school since 1995. • Added that he is pleased with the quality of education his children are receiving at the school. • Said that the facility is now outdated and that the classrooms are too small and the library too limited. Saratoga Planning Commission Minutes of March 12, 2003 Page 9 • Informed that the first Strategic Plan was prepared about five years ago and that they have an obligation to the children and a commitment to the school. • Said that in 1999 a thoughtful plan to update the facilities was developed through thousands of hours of work on the part of many people. • Said that they believe that the proposed upgrade addresses all concerns fairly and urged Commission support of the project. Mr. Hugh Wright, 12243 Golcta Avenue, Saratoga: • Informed that he has been a member of the church since 1984 and is Senior Warden on the governing board, which provides financial leadership. • Stressed that St. Andrews is a part of the Saratoga Community and provides a home for 64 organizations within the church as well as 25 different community groups that include the Boy Scouts, the Saratoga Symphony, Alcoholics Anonymous, etc. • Added that the parking lot is used for overflow parking for community events such as parades. • Said that his children attended the school. • Reminded that this is now a 40 year old school and church and that they need adequate facilities to serve their school and church. • Stated that St. Andrew’s has been a good member of the Saratoga community over the years. Ms. Janet Morrison, 14660 Fieldstone Drive, Saratoga: • Identified herself as a member of the Saratoga Symphony, a 45-member community orchestra that uses St. Andrew’s school to practice. • Stated that they have been using the gym at St. Andrews since the fall of 1997 and that they perform in the sanctuary. • Described their eight-month concert season as including four concerts with weekly rehearsals. • Added that sometimes space and scheduling conflicts cause them to be relocated on site, including to a classroom. • Declared that the Symphony loves the support and space offered at St. Andrews and would like to have a more stabile rehearsal space available at St. Andrews in the future following the completion of the remodel. Commissioner Kurasch asked Ms. Morrison for her comments on the physical proposal for the site. Asked if she has seen the actual plans. Ms. Janet Morrison replied that she has not seen the specific plans but rather is here to comment in a general way on her support for the project. Chair Jackman pointed out that the Performing Arts Center will also function as the school’s gym. Mr. Jim Hughes, 19431 Melinda Circle, Saratoga: • Identified himself as the Clerk of Vestry for St. Andrews and the Chair of the Finance Committee for Saratoga. • Urged support. David and Denise Moyles, 20201 Hill Avenue, Saratoga: • Said that they are products of Saratoga schools and over the years have been neighbors of several public schools as well as having their commute impacted by two or three schools. Saratoga Planning Commission Minutes of March 12, 2003 Page 10 • Said that it is important to take a broad view and not just live in isolation. • Questioned any more important function than to encourage a facility that serves the public. • Stated that this school needs to be brought into this century. • Offered a historical perspective on bell tower. • Reminded that one used to hear bells from the Catholic Church and Federated Church and that the ringing of bells is something wonderful of which to be aware as bells reflect the very life of a community. • Stated that bells should flourish. • Urged the Commission to listen to the sound of history of a community and make the right choice. Commissioner Kurasch said that the Commission must also reflect the concerns of others in the community that have expressed concerns over the prospect of a Bell Tower. The idea of bells is not as positive to their experience and living environment. David and Denise Moyles: • Stated that some also object to a steeple and/or cross. • Added that it is not possible to reconcile all desires but that balance and consensus must be achieved when possible. • Stated that bells resonate in the tradition of a community and should be encouraged. Commissioner Garakani reminded that there are three to four churches along Saratoga Avenue. Questioned the impact if all have bell towers and ring their bells at the same time. David and Denise Moyles said that they could imagine this happening. Reminded that St. Lucy’s and Federated Churches already have bells. Commissioner Garakani asked if they are used often. Chair Jackman replied to her knowledge they are only occasionally used for weddings. Mr. Albert Evans, 19644 Needham Lane, Saratoga: • Urged strongly that the Commission support St. Andrew’s proposal. • Said that he lives right next to the freeway and that bells would be a welcome addition. • Added that he does not care how often or how long the bells are rung. Commissioner Kurasch pointed out that he is not that close to St. Andrews. Mr. Albert Evans said he is close to Highway 85. Ms. Annette Peterson, 13533 Saratoga Avenue, Saratoga: • Said that she is adjacent to St. Andrews church, on the north side of the street. • Stated that she submitted a letter to Council. • Said she has no problem with St. Andrews as they have been neighbors since 1965, which is before Highway 85, before the Library and before West Valley College. • Agreed that the amount of traffic in the area has increased overwhelmingly and that an increase in enrollment is a cause for concern over potential impacts on property values. Saratoga Planning Commission Minutes of March 12, 2003 Page 11 • Said that 10-feet from her property was diverted for installation of a sidewalk. Later a stoplight was installed right at their driveway. Since that time, they can no longer make a right turn from their property and often have difficulties leaving their driveway at all. • Expressed concern over the proposed cemetery, saying that although there is an existing memorial garden, another is proposed for placement at the front of the property. • Declared that she does not want to live right next door to a cemetery and, even though she was told it would only contain cremated remains, she is not comfortable with the idea. • Added that she does not support the proposed Bell Tower and the potential for frequent bell ringing at times when she is trying to sleep. • Stated she does not relish being awakened by bells. • Said that she is a member at St. Lucy’s Church, which also has bells, but that they do not ring the bells often. • Advised that at one time she had asked the City for permission to erect a sound wall to deflect traffic sounds heard from her home. Upon learning the tremendous cost, she asked the City to grandfather the fees but was turned down. Ms. Elizabeth Shoemaker, 18797 Westview Drive, Saratoga: • Identified her family as being St. Andrews parishioners since 1996 with two children who attend the school. • Expressed her support for the project. Commissioner Kurasch asked Ms. Shoemaker if she has reviewed the plans. Ms. Elizabeth Shoemaker replied yes. Mr. Donald Curr, 19803 Merribrook Court, Saratoga: • Said that he resides very close to St. Andrews, has reviewed the plans and is in favor of the proposal. Mr. Mark Rizzo, 18565 Aspesi Drive, Saratoga: • Identified himself as a Saratoga resident whose daughter attends St. Andrews School. • Stated that he has seen the plans and supports the project. Ms. Stephanie Palmer, 18806 Harleigh Drive, Saratoga: • Said that she has reviewed the plans and is very much in favor of the project. Mr. Ty Curry, 19186 Gunther Court, Saratoga: • Said that he has two children, has reviewed the plans and is in support. Commissioner Kurasch asked for Mr. Curry’s perspective on what he is supporting and how it impacts his life. Mr. Ty Curry: • Said that the impacts are on his children. • Stated that he agrees with previous comments on the inadequacies of the current classroom buildings. • Added that he grew up in Saratoga himself. Saratoga Planning Commission Minutes of March 12, 2003 Page 12 Ms. Patricia Acarney, 20010 Heritage Oak, Saratoga: • Said that she has been a member for seven years and understands the limitations of the present facilities. • Assured that she has reviewed the plans and encourages their approval. Ms. Pat Bennett, 21131 Canyon View Drive, Saratoga: • Said that she joined St. Andrews even before the current buildings were built. • Stated that she looks forward to hearing the bells, which shows an alive and health community. • Expressed support for the proposal. Mr. Laurence Hernandez, 11930 Walbrook Drive, Saratoga: • Said he has belonged to St. Andrews for four years, has seen the plans and supports those plans. • Stated that it is critical that the facilities be as good as they can be. Ms. Frances Mellen-Banakas, 14669 Fieldstone Drive, Saratoga: • Said that she just moved here in 1987 as her Southern accent can attest. • Said that she is aware of the plans and supports the project. Mr. Antony Fan, 12698 McCartysville Place: • Said his son attends St. Andrews as a first grader. • Expressed his full support of this project. Commissioner Hunter asked Mr. Fan if he lives close to St. Andrews. Mr. Fan replied that he lives near DeAnza. Mr. Robb Kundtz, 21790 Leber Way, Saratoga: • Said he is an 18 year resident and parishioner with one son who has graduated from St. Andrews and a second son in attendance currently. • Stated that he has served on a number of boards and committees. • Urged approval. Ms. Beverly J. Bennett, 12457 Lolly Court, Saratoga: • Stated that she is a 43 year resident of Saratoga and member of St. Andrews Church. • Informed that she has seen the plans and supports them. • Heartily urged approval for this project. Ms. Nancy Durham, 19561 Scotland Drive, Saratoga: • Said that she lives close to the church and that she and her husband look forward to hearing bells ring. • Urged support. Mr. Gervais Fong, 12580 Radoyka Drive, Saratoga: • Said he is a proud resident of Saratoga for the last 10 years and has two daughters at St. Andrews, one in kindergarten and the other in fourth grade. • Said he is pleased with the school and heartily supports the plans. Saratoga Planning Commission Minutes of March 12, 2003 Page 13 Ms. Penny Curr, 19803 Merribrook Court, Saratoga: • Said that her daughter attended St. Andrews from kindergarten through eighth grade. • Declared that the time has come to get this project rolling. Ms. Leslie Wyman, 19096 Harleigh Drive, Saratoga: • Said that she has resided in Saratoga for 16 years, has served on the Board of Trustees for the school as well as on the Vestry for the Church. • Stated that she has three children, a son who graduated from St. Andrews last June and first and third graders currently attending St. Andrews. • Agreed that the current classrooms are substandard and that they have a duty to upgrade the facilities. • Pointed out that the community has see upgrades at public Saratoga schools over recent years. • Urged support. Mr. Glenn Bennett, 12457 Lolly Court, Saratoga: • Stated that he is a 40-year Saratoga resident and St. Andrews parishioner. • Said that the place needs changes. • Expressed his support for these changes and asked the Commission to approve the project, which would be great for the community. Mr. Arvin Engelson, 20381 Sea Gull Way, Saratoga: • Said that he is a 20-year resident who serves as a representative on the Saratoga Clergy Association. • Said that there is an essential imbedded component that churches offer a community, wherein thousands of members from different congregations offer human care infrastructure, whether or not the same faiths are shared. • Said that investments are made in the County beyond church membership to address human need. • Encouraged the Commission to hold in mind the need to balance community needs and mutual human respect as well as compassionate values. • Declared St. Andrews to be an embracing and hospitable congregation to the community. Commissioner Garakani pointed out that per the bible, Jesus is asking us to be good to our neighbor. Mr. Arvin Engelson said that conscious neglect is to be avoided. However, issues such as traffic require careful evaluation so that only St. Andrew’s traffic is evaluated for their project. These concerns need to be addressed carefully. Commissioner Kurasch pointed out that cumulative effects still exist. Chair Jackman agreed that review is not limited to just one use. Mr. Arvin Engleson said that Federated Church has had its bell tower for 25 years without complaint from its neighbors. Chair Jackman asked when and how often the bells are rung. Mr. Arvin Engleson replied on special occasions. Saratoga Planning Commission Minutes of March 12, 2003 Page 14 Commissioner Garakani asked why the bells are not rung each Sunday. Mr. Arvin Engleson replied that some have a zeal for it while some do not. Commissioner Kurasch asked if Federated has some sort of bell tower. Mr. Arvin Engleson replied no. Their bell is on the original chapel and is audible only in the immediate neighborhood and is mechanically operated. Mr. Harry Luoh, 19540 Tweed Court, Saratoga: • Said that his property shares a common fence with the church. • Agrees that this is a good school and church. • Said he can support some of the proposal. • Agreed that the school itself should be updated but has several concerns. The two three-story buildings are too massive. There should not be a building more than two-stories high. • Said that the proposed Activity Center would be located right next to his fence, 15 feet away. Hundreds of people will use this building and the noise impacts will be unbearable. • Stated that one can have a good church without having a Bell Tower. • Pointed out that his own church has a policy to split into smaller groups when it gets too big. What was once one congregation is now four. • Expressed concern that a noise study has not been included regarding the Bell Tower. Planner Christine Oosterhous clarified that a Noise Study was done but states that further study is required on the issue of the Bell Tower. Mr. Harry Luoh: • Expressed concern about the proposed cemetery near his home. • Added that while a three-story building may be permissible by Code, that does not make it good for the environmental or surrounding residences. • Urged the Commission to reject the plan as currently proposed. Commissioner Garakani stated that it is easier to complain that it is to offer constructive suggestions. Asked Mr. Luoh what types of design changes he would recommend. Mr. Harry Luoh: • Pointed out that the Activity Center is currently located at the center of the campus. One suggestion he would have would be to amend the proposed location of the Activity Center away from his property. At least if it is simply classroom buildings near his home rather than the heavily used Activity Center, evenings and weekends would be quiet from his home. Commissioner Hunter asked Mr. Luoh how he feels about the proposed eight-foot high acoustical fence. Mr. Harry Luoh said that this project is creating a problem and that problem is simply being covered up with fencing. Saratoga Planning Commission Minutes of March 12, 2003 Page 15 Commissioner Hunter questioned the possibility of moving the Activity Center. Commissioner Kurasch asked Mr. Luoh if he has been able to work with the applicant to develop a plan to address his concerns. Mr. Harry Luoh said that he was invited to two meetings at which time the plans were presented. Commissioner Garakani asked when the first opportunity occurred. Mr. Harry Luoh replied approximately one year ago. Ms. Diana Luoh, 19540 Tweed Court, Saratoga: • Stated that they moved next to St. Andrews about three years ago. • Said that a big classroom was positioned next to their fence. At that time, she invited the school’s principal to visit her home to see the impacts. • Implored the Commission not to allow the placement of the Activity Center next to her fence. • Expressed concern over the three-story buildings and the Bell Tower. • Pointed out that she does not see many changes from the original proposal that was reviewed in October and said that massing is the problem. • Suggested that functions be combined such as sharing classroom space with Sunday school uses. • Expressed frustration. • Agreed that St. Andrews is a good school and neighbor. • Stated that she wants to see action. • Declared that she is against the placement of an acoustical fence, which is not residential in flavor but rather more commercial in appearance and would therefore look very bad from their home. • Agreed that the improvement of classrooms is important but questioned why such a big expansion is required on the site. • Added that if they need so much space than maybe there are too many students, • Expressed support for education. • Reminded that the good things that St. Andrews has done in the past does not have anything to do with this specific expansion application. • Pointed out that no study has been done on noise impacts. • Reminded that the neighbors do not want a Bell Tower with its associated noise and suggested that the proposed Bell Tower be totally eliminated. Commissioner Kurasch asked Ms. Luoh if her question is whether the need for space is a function of the number of students enrolled. Ms. Rosemary Tisch, 15040 Encina Court, Saratoga: • Said that she is a 30 year resident of Saratoga. • Urged support of the project. • Stated that Saratoga is a community. • Said that she lives within one block of another school and that that is simply a part of their life. • Stated that St. Andrews is here and is part of the community that needs to upgrade their facilities. Ms. Linda Sherburne, 12443 De Sanka Avenue, Saratoga: • Said she is a 22 year resident of Saratoga. Saratoga Planning Commission Minutes of March 12, 2003 Page 16 • Said she has been involved with St. Andrews School with two graduates and one current sixth grader. • Stated that the school needs to upgrade. • Expressed hope that the Commission will support the proposal. Ms. J.P. Puette, 12342 Crayside Lane, Saratoga: • Said she has resided in Saratoga since 1998 and is a volunteer risk manager. • Said that safety issues for children such as crowding and loading are evident. • Stated that indoor corridors will reduce noise issues for neighbors and that the current stairs are awful. • Said that she is looking forward to the bells and requested support of the proposal. Ms. Heidi Trah, 13782 Pierce Road, Saratoga: • Said that she has resided in Saratoga since she was two years old. • Urged support of this project. • Stated that the school needs to upgrade. • Advised that she has two children at the school and that it is their privilege to be there. • Said that she is a local small business owner and that all businesses need to make improvements to stay current. Mr. David Baum, 19105 Dagmar Drive, Saratoga: • Said he is a member of the Board of Trustees and has three children, including an eighth grader who has attended the school for 10 years. • Said that St. Andrews is a wonderful asset for the community and urged the Commission’s support. Ms. Sofia Poullada, 19866 Buckhaven Lane, Saratoga: • Said she has resided in Saratoga for 17 years and lives six blocks from the school. • Added that while she is not Christian herself she still looks forward to hearing the sound of bells. Mr. Philip Wu, 19708 Crestbrook Drive, Saratoga: • Said he is concerned that this plan is too big. • Said that the church should communicate with its neighbors and that so far poor communication has occurred. • Said he attended two meetings but that no quality comments were made. • Stated that this plan will cause tremendous problems in the neighborhood including noise and traffic impacts. • Said he has no problem with school expansion but does with church expansion. If the church is too big, it impacts the neighborhood. • Added that if a church gets too big, it should cut off into a new church. • Said that packaging the church and school additions together creates a tremendous amount of additional square footage. • Suggested permission for the school renovation but to reject the church changes. Commissioner Kurasch pointed out that staff has recommended mitigation including reducing height limits to 30 feet. Asked if this mitigation make a difference. Saratoga Planning Commission Minutes of March 12, 2003 Page 17 Mr. Philip Wu said that they may make a difference but the project is still too large and that there is too large a concentration of churches in a small area. Commissioner Garakani asked Mr. Wu for specific suggestions. Mr. Philip Wu said that his suggestion has been that one cannot keep a church growing but St. Andrews didn’t want to spin off into a second church. Commissioner Garakani asked Mr. Wu how far his home is from the St. Andrews campus. Mr. Philip Wu said within 500 feet. Commissioner Garakani asked Mr. Wu if he attends St. Andrew’s church. Mr. Philip Wu replied that he is Christian but attends a different church. Mr. William Brooks, 20230 Merrick Drive, Saratoga: • Said that he has resided in Saratoga since 1976. • Pointed out that the residents of Saratoga have supported its schools by taxing itself because they understood the benefits of a good education. • Said that Saratoga is a well-educated affluent community. • Stated that it is time and encouraged the Commission to work with St. Andrews to improve their school. • Said that the impact of Saratoga schools is the biggest single factor in the value of property in Saratoga. • Stated that he realizes that there are some impacts both during construction and after that efforts will be made to mitigate. • Said he lives near Saratoga High School himself. • Encouraged support. Mr. Scott Sheldon: • Said that lots of different people have spoken tonight, with different points of view. • Said that it appears the Bell Tower is the focus of much of the concern. • Suggested that the impacts of the bells would be less intrusive than is Highway 85’s traffic noise and that the Bell Tower could be a benefit and asset to the community of Saratoga. • Said that work with the neighbors began in August 2001 with three public neighborhood meetings. extended out to the best of their ability. • Stated that they have addressed many of the Luoh’s concerns by lowering buildings and offering an eight-foot acoustical fence. • Assured that the Activity Center is better screened and buffered and activities that will occur there are already occurring there right now. • Declared that this project stands on its own merits and will satisfy the requirements of kids and the parish. • Made himself available for questions. Commissioner Zutshi asked what is the increase in square footage for the site. Saratoga Planning Commission Minutes of March 12, 2003 Page 18 Mr. Scott Sheldon: • Said the site consists of a 46,798 square foot footprint right now and the new proposal includes 50,531 square feet, which is approximately 3,400 square feet difference in footprint. • Added that the total square footage is now 64,000 and would become 84,150 square feet resulting in an additional 20,000 square feet. Commissioner Zutshi asked how the school will generate the necessary revenue to accommodate the expense of this extra space. Mr. Scott Sheldon replied through tuition and donations. He reminded that enrollment is basically the same. However, utility costs will be lowered as the buildings would be more efficient including the implementation of passive solar, etc. Commissioner Zutshi asked if there would be any extra income generating activities. Mr. Scott Sheldon replied not to his knowledge. He said that the Parents’ Association raises funds. Commissioner Garakani mentioned the suggestions made by Mr. Luoh including shared function of facilities and moving the Activity Center away from adjacent residences. Mr. Scott Shelton said that in answer to Mr. Luoh’s concerns, they have lowered buildings, added clearstory windows so that there is no view onto their property and offered screening fencing and landscaping. Reminded that the proposed functions are there already with no plans to increase the uses. Commissioner Garakani asked if good efforts have been made to mitigate their concerns. Mr. Scott Sheldon pointed out that the outdoor lunch area currently located near the Luoh property is being moved to another area on the site. Reverend Ernest Cockerall, Rector of St. Andrews Church: • Said that the large Parish Hall/Gym/Performing Arts Center does not get used much on Sunday. • Added that they will now have restrooms in the Parish Hall. • Said that while they have had steady growth in membership, they are not trying to be a mega-church but simply welcoming and inclusive to anyone interested in joining their church. • Said that there is no truth that they are trying to grow the church but rather to serve those that are already members. Commissioner Kurasch asked how much of the new square footage is classroom space. Mr. Scott Sheldon said that there are currently 17 classrooms and there will be 18. Commissioner Kurasch asked if the need for space is a function of the number of students. Mr. Scott Sheldon replied that it is the number of students and the programs offered, a combination of both. Commissioner Hunter said that the St. Andrews classrooms are currently small and tight. Saratoga Planning Commission Minutes of March 12, 2003 Page 19 Commissioner Kurasch said that there is still the concern over the physical reality of what the site presents and a conflict over the impact of the size of buildings and intensity of use. Chair Jackman pointed out that she was not consulted when the nearby Oak Street School was expanded near her home. Commissioner Hunter said that she too lives near Oak Street School and was not consulted. Mr. Scott Sheldon said that they are not asking for an increase in the population of the school. In fact, they now have fewer students than in previous years and they have agreed to a cap on their enrollment. Commissioner Kurasch said that there may already be a conflict with the physical area available with their current enrollment. Mr. Scott Sheldon said that they are surrounded by residential uses and that they feel their plan will be a good addition, including alleviating issues in the busy Saratoga Avenue corridor. Reminded that they have been a good neighbor to everyone. Chair Jackman closed the Public Hearing for Agenda Item No. 2 at 9:35 p.m. Commissioner Hunter: • Stated her 100 percent support of this project. • Said that the citizens of Saratoga have supported schools with tax increases as well as bonds for the new fire station and library expansion. • Agreed that St. Andrews has been a good neighbor. • Said that her children attended public school but also participated in many activities at St. Andrews. • Said she did not want to see eight-foot ceiling heights or high clearstory windows since children need light and airy classrooms for an effective learning environment. • Expressed support for having interior corridors. • Agreed with the comments made by the Moyles regarding the sound of bells reflecting the life of a community. • Stated that St. Andrews is one of the last schools to come through to update their facilities and that they need the best possible learning environment. • Said that she would not support the imposition of all of the proposed Conditions of Approval. Chair Jackman: • Expressed agreement with Commissioner Hunter. • Said that St. Andrews has a good reputation and must be supported. They have gone to a lot of work to make their project hospitable to the neighborhood. • Stated that children are the future. • Said that she will vote to support every school bond issue that comes along. Commissioner Kurasch: • Cautioned that perhaps she will express the less popular view. • Said that she has a different way to analyze the data in front of her. • Said it is important to be fair to all residents of Saratoga by evaluating the worthiness of each project before the Commission. Saratoga Planning Commission Minutes of March 12, 2003 Page 20 • Said that it is important to consider the physical results and impacts of a project and not the worthiness of the applicant. In fact, it is unfair to judge simply on the basis of the worthiness of an applicant. What if the next applicant is not considered worthy. • Said that relevant facts must be evaluated in order for the Commission to do a worthy job. • Said that some exceptions are acceptable and that she supports most of the mitigation proposed. • Pointed out that this is substantially the same project reviewed in October with limited changes. • Said it does not appear that any response has been made to neighbor concerns. • Said that while her viewpoint may be unpopular, she feels it is important to take everyone into consideration. • Said that this is a private school that is not open to the entire community and not a public school. • Stated that the Commission has to look physically at what a project’s impacts would be. • Suggested a need to reduce mass and bulk and the outright elimination of the proposed Bell Tower. • Stated that no one can impose one view on faith onto others. • Said that the many letters against the Bell Tower have a real weight. • Supported a permanent cap on enrollment. • Pointed out that this site is a finite resource and will not grow any more. • Said it is important to see what can be done with this site while being responsive to its neighbors. • Suggested a reduction on some of the buildings. • Stated she is not yet sure if she can support a three-story building. • Reminded that it is the purview of the Commission to analyze physical project and apply zoning laws equally and fairly and that she will have to weigh exceptions fairly too. Commissioner Zutshi: • Stated that she is all for improvements to schools but considers this a private business. • Reminded that this site is on Saratoga Avenue and will be massive. • Said that she can support the project with staff recommendations. • Said that the Bell Tower appears massive but she does not mind the sound of bells. • Supported the 32.5-foot maximum height. Commissioner Garakani: • Declared that every house should be the house of God. • Said it is good to get together and pray and that more prayer is needed to get closer to God. • Said it is important to make sure to be good to ones neighbors. • Said that the Planning Commission is here to look at compliance with Codes and to make sure that neighbors are also heard. • Said that education is a public service. • Pointed out that whatever is considered a necessity should be talked about and granted. However, the proposed Bell Tower is not a necessity but rather something they would like to have. • Said that imposing an eight-foot sound wall is like a jail and may not be a worthy mitigation. • Said that some neighbors are uncomfortable with the idea of a memorial park with burial of ashes near their homes. • Questioned the necessity of having the memorial garden since there is already one there. • Said that the only way he could support the Bell Tower is after story poles are placed and a simulation of the sound effects is demonstrated. Commissioner Hunter: Saratoga Planning Commission Minutes of March 12, 2003 Page 21 • Reminded that the common good is more important than individual neighbors living next door and reminded that the school and church pre-existed many of these homes. • Said that this project enriches the whole community. Commissioner Garakani asked the Commissioners to consider whether they would be prepared to allow Bell Towers for several other churches. Commissioner Hunter replied that each one would have to be considered individually. Added that she is very much in support of this application and pointed out that many against the Bell Tower don’t even live close by. Commissioner Kurasch disagreed with that assessment. Commissioner Hunter reiterated that this is a community benefit. Commissioner Garakani joked that those people living close by who object to this project should trade houses with those that live further but support the project. Commissioner Hunter pointed out that many have spoken this evening in support. Chair Jackman: • Said that this is an existing school that was built 40 years ago. • Added that St. Andrews now wants to upgrade their school to current standards with a minimal increase in study body enrollment. • Said that this project will bring a private high-class and expensive school to 2003 standards from what is currently an inferior building much as has been done to the recently updated public school buildings. Commissioner Hunter said that this project consists of a handsome design and numerous trees. Commissioner Kurasch said that she supports staff recommendations and pointed out that classroom space represents only about one third of the project. Reiterated that the Commission cannot ignore the physical impacts of this project. Commissioner Hunter said that only two people spoke against the project tonight while more than 50 are in support. Commissioner Kurasch reminded that many letters have been received against and those count as well. Director Tom Sullivan suggested that the Commission consider the mitigation proposed in the Mitigated Negative Declaration one by one. Commissioner Kurasch suggested breaking out the Bell Tower from the rest of the project thus enabling the Commission to give the applicant most of what they want while protecting the interests of the neighbors. Expressed concern that decisions made after discussion on the mitigation are done might impact support or denial of those mitigation measures. Saratoga Planning Commission Minutes of March 12, 2003 Page 22 Planner Christine Oosterhous said that the Mitigated Negative Declaration could be modified per whatever final action is taken by the Commission. Director Tom Sullivan asked the Commissioners for a straw poll on each proposed mitigation and said that action must be taken on this environmental document before taking any action unless quick denial of the project is anticipated. Planner Christine Oosterhous said that the areas of special sensitivity appears to be ceiling heights, clearstory windows, building heights and limitations of student enrollment. Director Sullivan took staw polls on each of the proposed mitigation for the Mitigated Negative Declaration as follows: Mitigation #1 - Restricting the classroom buildings height to 32.5 feet and clergy building height to 30 feet as visible from Saratoga Avenue. AYES: Garakani, Hunter, Jackman NOES: Kurasch and Zutshi ABSENT: Barry and Roupe ABSTAIN: None Mitigation #2 – Revised cross section submitted to show classroom heights no greater than 9 feet for classrooms and 8 feet for all other uses. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #3 – Requiring the lowering of the Bell Tower height. AYES: None NOES: Garakani, Hunter, Jackman, Kurasch and Zutshi ABSENT: Barry and Roupe ABSTAIN: None Mitigation #4 – Use of screening landscaping or the use of clearstory windows along shared property line. AYES: Garakani, Hunter, Jackman and Zutshi NOES: Kurasch ABSENT: Barry and Roupe ABSTAIN: None Mitigation #5 – Lights. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #6 – Outdoor tables and chairs relocated. Saratoga Planning Commission Minutes of March 12, 2003 Page 23 AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #7 – 8-foot acoustical sound wall. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #8 – Landscape screening per Conditions of Approval. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #9 – Enrollment figures reported to Planning Department each Fall. AYES: Garakani, Jackman, Kurasch and Zutshi NOES: Hunter ABSENT: Barry and Roupe ABSTAIN: None Mitigation #10 – Existing HVAC unit further insulated. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #11 – Public right-of-way improvements per Conditions of Approval. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #12 – Proof of permits from SCVWD. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #13 – Cap on student enrollment at 450 students AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #14 – Arborist report as part of the Conditions of Approval. Saratoga Planning Commission Minutes of March 12, 2003 Page 24 AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #15 – Control measures for construction emissions. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #16 – Archaeological measures. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #17 – Grading and Draining. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #18 – Storm Water Plan. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #19 – Mitigation of Noise Study. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Mitigation #20 – Mitigation Monitoring Program. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Director Tom Sullivan said it appears that there is consensus for the Commission to make a motion to adopt the Mitigated Negative Declaration. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Garakani, the Planning Commission recommended approval of the Mitigated Negative Declaration for the St. Andrews project, by the following roll call vote: Saratoga Planning Commission Minutes of March 12, 2003 Page 25 AYES: Garakani, Jackman, Kurasch and Zutshi NOES: Hunter ABSENT: Barry and Roupe ABSTAIN: None Commissioner Hunter said she will vote for the project although she hates to lose the Bell Tower. Commissioner Kurasch asked if it is possible to cap the venue uses of the site. Director Tom Sullivan said that staff could monitor complaints that arise as a result of venue use of the facilities. Chair Jackman proposed an added Condition to require review of the site use six months following completion of construction with a report back to the Planning Commission. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Zutshi, the Planning Commission granted Design Review and Use Permit Approvals (DR-01- 035/UP-01-013) for St. Andrews Parish and School with the Conditions of Approval as modified by the mitigation measures from the Mitigated Negative Declaration, by the following roll call vote: AYES: Garakani, Hunter, Jackman and Zutshi NOES: Kurasch ABSENT: Barry and Roupe ABSTAIN: None *** Chair Jackman called for a break at 10:55 p.m. Chair Jackman reconvened the meeting at 11:02 p.m. prior to the return of Commissioner Garakani. *** PUBLIC HEARING – ITEM NO. 3 APPLICATION #02-259 (397-27-010) – SHIN, 14165 Victor Place: Request for Design Review Approval to construct first and second story additions to an existing one-story single-family residence. The total floor area of the proposed two-story residence and attached garage is 3,023 square feet. The maximum height of the proposed residence is 24 feet. The lot size is approximately 10,197 square feet and the site is zoned R-1-10,000. (CHRISTINE OOSTERHOUS) Planner Christine Oosterhous presented the staff report as follows: • Advised the applicant is seeking Design Review approval to allow a first and second story addition to an existing single-story residence for a total of approximately 3,000 square feet. • Stated that the maximum height would be 24 feet and that the 10,000 square foot lot is zoned R-1- 10,000. • Said that the proposed architecture is a Craftsman-style. Saratoga Planning Commission Minutes of March 12, 2003 Page 26 • Informed that one letter in opposition was received from the adjacent rear neighbor. • Recommended approval with the removal of the rear balcony. Commissioner Hunter asked how an obscured bedroom window could be imposed. Said that one does not usually see that except for bathrooms. Note: Commissioner Garakani returned to the dais at 11:07 p.m. Commissioner Hunter asked for the height of the entry. Planner Christine Oosterhous replied 14 feet, 6 inches, which is similar to the garage. Commissioner Hunter asked for the height of the house. Planner Christine Oosterhous replied 24 feet. Commissioner Hunter asked for the entry height. Planner Christine Oosterhous replied 14 feet, 6 inches and added that the style is not authentic Craftsman. Commissioner Kurasch asked about a landscape plan. Planner Christine Oosterhous replied that there is none as the applicant proposes to maintain the existing front lawn. Chair Jackman opened the Public Hearing for Agenda Item No. 3 at 11:10 p.m. Mr. Lee, Project Architect: • Stated that with the elimination of the rear balcony, they would lose the balance in the design and that he may have to redesign the roof again. Commissioner Garakani asked whether the balcony was for design or for function. Mr. Lee: • Said that he knows the rear neighbor objects. • Said that they had contacted the neighbor before and no objection was raised. • Said that the footprint of the house does not change. • Added that they want to preserve a huge tree at the front of the house. Chair Jackman asked if this is the big Cypress. Mr. Lee said that there will be no adverse impacts on trees, they will be protected. Commissioner Hunter said that there is no good screening at the back of the property. Mr. Lee said that they could provide landscaping trees. Saratoga Planning Commission Minutes of March 12, 2003 Page 27 Commissioner Zutshi asked if Mr. Lee spoke with the neighbors. Mr. Lee replied that they showed them the plans. Commissioner Zutshi asked if they left plans with the neighbors. Mr. Lee said no but if they had asked for a set he would have provided one. Commissioner Zutshi asked Mr. Lee if he gave the neighbors sufficient time to review these plans. Mr. Lee said that they made contact with the neighbors before the final plans were even completed. Chair Jackman asked for the distance between the upstairs space to the property line. Mr. Lee replied 25 feet from the property line to the bedroom windows and 40 feet to the bathroom window. Mr. Rajiv Mathur, 14185 Victor Place, Saratoga: • Said his home is right behind this property. • Said he submitted a letter and a petition from neighbors. • Said that he learned about plans for an addition when the applicant came to make them aware of their plans to remodel without their having actual plans to review. • Said he signed a receipt acknowledging his understanding that an addition was proposed. • Said that his bedroom and backyard would be severely impacted by a second story addition. • Said that currently a very low fence separates the properties. • Said that there used to be landscaping in place but it was removed by the current owners. Bushes and fruit trees had served as a visual barrier at approximately six to eight feet in height. Chair Jackman asked Mr. Mathur if he has thought of planting trees. Mr. Rajiv Mathur replied that he has planted bushes that should grow to about six feet but that he does not want to obscure all sunlight from his property. He recommended a redesign of the remodel to a single-story home. Ms. Lotus Shin, Property Owner/Applicant, 14165 Victor Place, Saratoga: • Advised that she had asked her rear neighbor if he wanted to install a fence but he declined. • Said that lots of houses in the area have been approved for second story additions. • Said she went around the neighborhood to discuss her plans and assured that the value of the property and the neighborhood would be improved with her home remodel. Commissioner Hunter asked Ms. Lotus Shin about the requirement for obscured windows. Ms. Lotus Shin replied whatever is necessary to get this project approved. Commissioner Hunter asked about the suggestion to eliminate the balcony. Ms. Lotus Shin said that she would like to keep this balcony. Saratoga Planning Commission Minutes of March 12, 2003 Page 28 Commissioner Garakani said that perhaps it does not have to be removed but simply to have no access to it. Ms. Lotus Shin said that it would look much nicer with the balcony. Chair Jackman asked about putting trees in along the back fence. Ms. Lotus Shin said that she had originally planted about $600 in trees but her renters did not take care of them and they died. Chair Jackman asked Ms. Shin when she purchased this house. Ms. Lotus Shin replied February 2002 but that she rented it out for about 9 months so that it would not be empty. Chair Jackman asked Ms. Shin if she would plant more landscaping. Ms. Lotus Shin replied of course that she certainly has to do so. Commissioner Kurasch said that although the house was already redesigned at the request of staff it still does not fit into the neighborhood. Asked Ms. Shin if she would be willing to lower the entry. Ms. Lotus Shin said fine. Commissioner Kurasch said she wants to support staff’s recommendation to remove the balcony. Ms. Lotus Shin said that instead of a flat wall, the balcony would look much nicer. Commissioner Kurasch asked staff why it is recommending removal of the balcony. Planner Christine Oosterhous replied to deal with privacy impacts. Commissioner Garakani suggested a dummy balcony with no access as a means to provide architectural articulation while preserving privacy. Ms. Lotus Shin supported the suggestion of a stationary window instead of a door to the balcony. Mr. Lee said that the roof design would not work with a dummy balcony. Commissioner Hunter suggested a compromise on the glazing for the bedroom windows. Chair Jackman agreed that the neighbor could also plant screening trees to provide privacy. Mr. Lee said that his client can provide a fence and landscaping. Chair Jackman said that the neighbor next door can also install some landscaping. Ms. Lotus Shin offered to pay the cost of installing the fence. Saratoga Planning Commission Minutes of March 12, 2003 Page 29 Chair Jackman suggested the fence as well as some trees. Ms. Lotus Shin reminded that she had offered to put a fence in before but the neighbor said no. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 11:35 p.m. Commissioner Hunter stated that Ms. Shin is being nice and that the neighbor also has a two-story home that has looked down upon this house for a number of years. Suggested keeping the balcony. Chair Jackman agreed. Commissioner Kurasch suggested a reduction in the entry height since the applicant is willing to do so. Said that she does not like the balcony but can support it with obscured windows. Chair Jackman asked Commissioner Kurasch how much of a reduction she suggests for the entry. Commissioner Kurasch replied to eliminate the transom window and bring it down a couple of feet. Commissioner Garakani said that neighbors have to work with each other and compromise to a point. Said that the balcony is small and cannot even accommodate a chair so it serves no function although the neighbor is sensitive to the potential for privacy impacts. Said he likes to see the balcony for articulation and has no objection. Commissioner Zutshi agreed with Commissioner Kurasch about lowering the front entry and use of obscure glass in the upper windows. Could support the balcony as something to offer architectural interest and that will likely seldom be used. Commissioner Garakani said that obscuring the bedroom windows does not make any sense. Commissioner Kurasch said it still allows light in. Commissioner Hunter said she would not require obscure windows. Commissioner Garakani pointed out that these obscured bedroom windows could still be opened. Chair Jackman stated that both households could use appropriate window coverings to assure their privacy. Commissioner Hunter reminded that the privacy impacts between these two properties has been the reverse to this point with the other home being a two story looking over this currently one-story structure. Chair Jackman encouraged the planting of screening trees. Commissioner Kurasch reminded that the Code does not encourage landscaping for screening purposes. Chair Jackman reopened the Public Hearing for Agenda Item No. 3 at 11:45 p.m. Saratoga Planning Commission Minutes of March 12, 2003 Page 30 Mr. Rajiv Mathur advised that the windows on his home are located high. Chair Jackman reclosed the Public Hearing for Agenda Item No. 3 at 11:46 p.m. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Garakani, the Planning Commission granted a Design Review Approval (Application #02-259) to allow the construction of first and second story additions to an existing one-story single-family residence on property located at 14165 Victor Place, including the retention of the proposed balcony and requiring either obscured or clerestory windows on the second story overlooking the rear neighboring property, by the following roll call vote: AYES: Garakani, Hunter and Jackman NOES: Kurasch and Zutshi ABSENT: Barry and Roupe ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS Library Tour Commissioner Zutshi advised that any interested Commissioners could schedule a special Library Tour. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 11:50 p.m. to the next regular meeting set for Wednesday, March 26, 2003, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk