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HomeMy WebLinkAbout05-22-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, May 22, 2002 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Jackman called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Garakani, Hunter, Jackman, Kurasch and Zutshi Absent: Commissioner Barry and Roupe Staff: Director Tom Sullivan and Planner Lata Vasudevan PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of May 8, 2002. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Hunter, the regular Planning Commission minutes of May 8, 2002, were approved as submitted. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None ORAL COMMUNICATIONS There were no Oral Communication Items REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 16, 2002. 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 May 22, 2002 Page 2 CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 Application #02-029 (397-17-014) ANDERSON, 19571 Farwell Avenue: Request for Design Review Approval to demolish the main structure and construct a new 4,641 square foot single-story residence. The height of the structure will be 26 feet. The existing guesthouse, greenhouse and workshop on the site will remain. The 43,168 square foot site is located in the R-1-40,000 zoning district. (VASUDEVAN) Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant seeks approval to demolish a single-family residence and construct a new 4,641 square foot single-family residence with a maximum height of 26 feet. • Described the new home as including cedar shingle roof and siding material. • Said that a conceptual landscape plan was been provided that shows that no lawn will be placed within 25 feet of the oak trees. • Added that staff has included a Condition of Approval requiring a final landscape plan for review and approval by the City’s Arborist. • Stated that this project complies with the requirements of the Residential Design Guidelines. • Informed that there have been no concerns or objections raised by the neighbors. • Recommended Approval and advised that the applicant is in the audience. Commissioner Kurasch asked staff for the existing square footage of the home to be demolished. Planner Lata Vasudevan said she would have to defer response to the applicant. Commissioner Kurasch asked staff how the findings to support this application were reached. Asked how the proposed roof structure could possibly be found compatible with the Residential Design Handbook and expressed concern about the proposed roof design. Planner Lata Vasudevan replied that she looked at the overall height of the roof. The feature of concern to Commissioner Kurasch is located toward the center of the home and is rather set back. Commissioner Kurasch said that that her main concern is the impact from the west elevation and questions whether this design meets policy goals. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:11 p.m. Mr. Park Miller, Project Architect, 327 Oak Meadow Drive, Los Gatos: • Said that he would be happy to answer any questions. • Clarified the west elevation by saying that he has tried to break up that roof feature with three separate articulations to break up the perceived mass. He added that the gable elements are expressed as a cross element. • Stated that existing heavy landscaping will help mellow the impact on the side property line. Saratoga Planning Commission Minutes of May 22, 2002 Page 3 Chair Jackman asked Mr. Miller if he works with the landscaping in his design. Mr. Park Miller said that he coordinates with the Landscape Architect, who is available this evening. Commissioner Kurasch asked Mr. Miller to explain why there is need for a 26-foot high roof on a single story house. Added that there is an inherent impact. Mr. Park Miller: • Stated that the character that they are trying to achieve requires a sloped roof. • Added that the ridge point is centered in the mass of the structure and that the plane is inclining away from the eye. • Said that he has tried to articulate this feature and that the height requirement is a direct result of the roof slope and the desires of the owners. • Assured that there will be less impact from this home than from a 26-foot high two-story home. Commissioner Zutshi asked if the pitch line proposed is the same as appears on the sample board. Mr. Park Miller replied somewhat. He added that the sample board is only intended to depict the color and texture of the roofing material rather than the roof pitch. The photo depicts a roof that is taller and more massive than they are proposing. Chair Jackman pointed to Page 3 of the plans, which show the roof as being broken up and offering some variation. Commissioner Kurasch said that she is not questioning the variation but rather the need for the 26-foot height. Mr. Park Miller said that the highest elevation is limited to between 25 and 30 feet in length at the highest ridge. He added that it is also inset from the property lines. Commissioner Kurasch stated that the rest of the house is more interesting that that elevation. Ms. Micki Anderson, Applicant/Owner, 19571 Farwell Avenue, Saratoga: • Pointed out that the orientation of the neighbor’s home is away from theirs and their tennis court abuts this side of the property. • She added that there is quite a lot of screening. Mr. Peter Shaw, Project Landscape Architect: • Stated that the finish floor level is actually lower than street level, which will help make any impact from the high ridgeline appear fairly insignificant. Chair Jackman asked Mr. Shaw if he plans any landscaping beneath the oak trees. Mr. Peter Shaw assured that his landscape plan will adhere to the report and recommendations made by Arborist Barrie Coates. Planner Lata Vasudevan asked Mr. Miller to provide the square footage for the existing residence. Saratoga Planning Commission Minutes of May 22, 2002 Page 4 Mr. Park Miller advised that he does not have the precise figure but that it is in the low 3,000s. Planner Lata Vasudevan offered the square footage as 3,176 square feet. Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 7:25 p.m. Commissioner Garakani said that based upon the design, this proposal looks good. The roof pitch has been explained to his satisfaction and he is prepared to support this project. Commissioner Zutshi said that she had concern about the square footage but that staff has cleared that matter up by explaining that attic space is not counted as livable space. Commissioner Hunter stated that the design of this home is very nice. She added that she has always loved the existing home on this property when passing by and is sorry to see it go. Commissioner Kurasch: • Clarified that she always has concern about maximum roof heights and maximum square footage. • Agreed that this home is nicely designed and very consistent with the surrounding neighborhood. • Said that she did have some concern about the home’s size but finds it very nice and believes it will be a nice addition. Chair Jackman agreed and said that the fact that the home is lower than street level will help reduce the impact of the height. Stated that this home is a nice addition that goes with its neighborhood. Added that she too found the original home very nice. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Hunter, the Planning Commission granted a Design Review Approval to allow the demolition of the main structure and construction of a new 4,641 square foot single-story residence with a maximum height of 26 feet on property at 19571 Farwell Avenue AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Chair Jackman reminded that there is a 15-day appeal period before this action is final. *** PUBLIC HEARING – ITEM NO. 2 Application #02-040 (503-20-083) – CHYAN, 20870 Verde Vista Lane: Request for Design Review Approval to construct a 5,118 square foot two-story residence with a 602 square foot basement. The height of the structure will be 26 feet. The proposed residence with replace a two-story home that was demolished in conjunction with a previous Administrative Design Review Approval. The 43,264 (gross) square foot site is located in the R-1-40,000 zoning district. (VASUDEVAN) Planner Lata Vasudevan presented the staff report as follows: Saratoga Planning Commission Minutes of May 22, 2002 Page 5 • Advised that the applicant is seeking Design Review approval to allow the construction of a two- story, 5,118 square foot single-family residence with a 602 square foot basement and a maximum height of 26 feet. • Added that a demolition and grading and drainage plan were approved with a previous application for this site. Therefore, the site is currently vacant. • Stated that the applicant has submitted a new design for the replacement home that consists of a contemporary style home with a series of low pitch rooflines. • Informed that the applicant has spoken with all his neighbors and one has provided a letter of support. • Said that staff finds this proposal to be compatible with the neighborhood in style and height. • Pointed out that the City’s Arborist has provided recommendations for tree protection and that staff has added Conditions of Approval for a final landscape and grading plan for the site. • Said that nine trees are at risk of damage and Tree No. 4 would have to be removed with this new design to accommodate the driveway. • Stated that the proposal complies with the Residential Design Guidelines and staff is recommending approval. Commissioner Zutshi asked if the basement being placed beneath the covered porch complies with the newly revised Basement Ordinance. Chair Jackman advised that porch is part of the square footage of the house. Planner Lata Vasudevan clarified that the porch is not counted as square footage but does represent a part of the house’s footprint and foundation. Commissioner Zutshi pointed out that the porch has a roof and one wall and not three walls. Chair Jackman asked staff for clarification that the new Basement Ordinance regulations are not yet in effect. Director Tom Sullivan replied no. He pointed to page A-4 of the plans, which demonstrate that the porch is partially enclosed on two sides and is a part of the house’s footprint. Chair Jackman clarified for the audience that new standards are pending that require basements to fit within a structures footprint. This proposal meets that requirement. Commissioner Garakani asked about the energy dissipaters. Chair Jackman explained that these are part of the property’s drainage system. Commissioner Kurasch asked for the height of the element over the front doors. Planner Lata Vasudevan replied 17 to 18 feet. Commissioner Kurasch asked why no story poles were erected. Planner Lata Vasudevan answered that had there been neighbor concerns raised regarding view impacts, story poles would have been required. Saratoga Planning Commission Minutes of May 22, 2002 Page 6 Director Tom Sullivan reminded the Commission that their instruction to staff was to use their best judgement on when to require story poles. Commissioner Garakani agreed that no other home is impacted by this building. Commissioner Kurasch pointed out that the home above this one might have view impacts. Commissioner Garakani said that that home looks down on this site. Commissioner Hunter agreed that there is potential for view impacts on that home and that it is possible that this neighbor does not realize that potential. Commissioner Garakani stated that there are lots of trees to screen. He added that the story poles are not just for the benefit of neighbors but also serve to assist the Commission in considering potential impacts. Chair Jackman opened the Public Hearing for Agenda Item No. 2 at 7:41 p.m. Mr. Ghunam Azad, Project Architect, Saratoga-Sunnyvale Road: • Said that the demolished home consisted of 3,110 square feet. • Stated that the project site could accommodate a 5,142 square foot home and that they are proposing a 5,118 square foot structure with a 602 square foot basement and a building height of 26 feet. • Advised that the front door feature is 18 feet high. • Said that the roof slope is lower, five to 12. They will use a flat concrete charcoal tile. • Added that the porch, depicted on Plan A-5 is open on three sides. Commissioner Kurasch asked Mr. Azad to explain how this design is compatible with the area. Mr. Ghunam Azad replied that the design is not out of character and that there are similar and compatible styles of architecture in the area with similar features. Commissioner Kurasch expressed concern with the front element as being too large. Pointed out that this area is very low key. Agreed that the fact the project is on a flag lot helps a bit. Mr. Ghunam Azad stressed that the property is not visible from the street. Commissioner Kurasch said that based upon what is already in the area, the size of this home is a concern as well as the height. Pointed out that there are but six or so two-story homes in the entire immediate area. Mr. Ghunam Azad pointed out that two-stories are permitted. Commissioner Kurasch said they allowed at the discretion of this Commission. Mr. Ghunam Azad said that he was under the impression that they could design a two-story and that they will comply with all requirements. Saratoga Planning Commission Minutes of May 22, 2002 Page 7 Commissioner Garakani asked why this application is before the Commission. Director Tom Sullivan replied due to the size and height of the house. Per Code, an Administrative Design Review can be approved if a home meets the allowable square footage, is a single story and under 18 feet in height. Any proposed structure over 18 feet in height requires Planning Commission Design Review Approval. Chair Jackman expressed concern about the amount of impervious surface (9,636 square feet) for this site, including a long driveway, and questioned whether the use of pervious materials might be considered. Mr. Ghunam Azad said that he would consider such a change of material. Director Tom Sullivan advised the Commission that it could impose such a requirement and told Mr. Azad that there are different pavers available that allow drainage. Chair Jackman closed the Public Hearing for Agenda Item No. 2 at 7:51 p.m. Commissioner Hunter said that this proposal is just fine and that she has no problems with it. Commissioner Kurasch: • Said that she has problems with this design, which was designed to be a standout in an area that does not have standout homes. • Said the design is too much with the two-story and size and feel of the architecture. • Stated that the home appears almost like a block and is too bulky. • Added that just because the home cannot be seen much, it is still important as it will be an example of a two-story for the area and become an example. • Declared that she does not see this design as a representation of what is in the area. Commissioner Garakani asked Commissioner Kurasch what she is suggesting to remedy this design. Commissioner Kurasch replied reduce the second story and scale the house back. Right now it seems too imposing. Additionally, the height of the front porch element should also be reduced so that it is more in keeping with what is in the area. This home would have to be substantially reduced. Commissioner Zutshi agreed that the house appears too massive. However, since this is a flag lot, she does not have a lot of problems with this project. Commissioner Garakani said that he shares some of the concerns of Commissioner Kurasch and that story poles would have been helpful in evaluating this project. Said the design looks good, the materials are okay and the colors are nice. He is currently on the fence on how to vote. Chair Jackman agreed that the project is pretty massive for the neighborhood and that she would feel better if the house were more spread out on the property and not so boxy. Said that she did not feel she could approve this project for this lot. Commissioner Hunter said she had no problems. Saratoga Planning Commission Minutes of May 22, 2002 Page 8 Commissioner Kurasch recommended a continuance. Chair Jackman suggested that the home needs to be redesigned to be lower. Director Tom Sullivan said that the Commission should give direction to the applicant and staff, which appears to be to reduce the mass of the second story and increase the size of the first story. Commissioner Garakani asked how this would reduce mass. Director Tom Sullivan replied by having greater architectural differences in the façade. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the Planning Commission recommended approval of Design Review to allow a 5,118 square foot two-story residence with a 602 square foot basement on property located at 20870 Verde Vista Lane. AYES: Hunter and Zutshi NOES: Garakani, Jackman and Kurasch ABSENT: Barry and Roupe ABSTAIN: None The motion failed for lack of a majority. Commissioner Kurasch suggested reducing the size of the home. Chair Jackman said that while the lot supports the proposed square footage, the applicant should bring a different architectural style and bring the structure’s height down with a larger first floor and less second story space. Commissioner Hunter pointed out that the Architect was not given a chance to discuss his design. Commissioner Kurasch said that the applicant can accept a continuance. Added that she had expressed concerns over bulk during the Public Hearing process. Director Tom Sullivan suggested that the Commission could reopen the Public Hearing. Chair Jackman reopened the Public Hearing for Agenda Item No. 2 at 8:05 p.m. Mr. Chyan, Owner/Applicant, 20870 Verde Vista Lane, Saratoga: • Commended the Commission for their efforts to protect hillside views for the public. • Stated that their old house was also a two-story and this new home is only a couple of feet higher that will not adversely impact his neighbors. • Stated that the reason for the large second story is to enjoy views. • Pointed out that their old home had living space on the upper level and that it would represent a big loss if they cannot use that space as living space again in their new home. Commissioner Garakani questioned the placement of the garage. Saratoga Planning Commission Minutes of May 22, 2002 Page 9 Commissioner Kurasch said that she can understand that the applicant wants to use the property as much as possible. Chair Jackman said that this home is much bigger than the homes in the neighborhood, even though it is on a flag lot. Mr. Ghunam Azad stated that the applicant wants eastern exposures. Chair Jackman stated that the applicant has provided additional explanations and she is ready to support this request. Chair Jackman reclosed the Public Hearing for Agenda Item No. 2 at 8:10 p.m. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Garakani, the Planning Commission recommended continuation of a request for Design Review Approval to allow a 5,118 square foot two-story residence with a 602 square foot basement on property located at 20870 Verde Vista Lane. AYES: Garakani and Kurasch NOES: Hunter, Jackman and Zutshi ABSENT: Barry and Roupe ABSTAIN: None The motion failed for lack of a majority. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the Planning Commission granted a Design Review Approval to allow a 5,118 square foot two-story residence with a 602 square foot basement on property located at 20870 Verde Vista Lane. AYES: Hunter, Jackman and Zutshi NOES: Garakani and Kurasch ABSENT: Barry and Roupe ABSTAIN: None Chair Jackman reminded that there is a 15-day appeal period. *** PUBLIC HEARING – ITEM NO. 3 Application #02-083 – CITY OF SARATOGA – Saratoga Woods Neighborhood: The proposed Zoning Ordinance Amendment would limit existing single story dwellings to single story. An Environmental Initial Study is available for review at the City of Saratoga in the Community Development Department. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Reminded that on January 2, 2002, Council adopted a Resolution directing staff and the Planning Commission to study and report on a proposal to establish a single-story overlay district for two neighborhoods, Saratoga Woods and Brookview. Saratoga Planning Commission Minutes of May 22, 2002 Page 10 • Stated that staff conducted a postcard survey of property owners in both neighborhoods. • Said that staff reported the postcard survey results to the Planning Commission on April 10, 2002. • Said that the Planning Commission directed staff to move forward with the drafting of an Ordinance and to schedule a Public Hearing. • Added that the Commission also directed staff to divide the two neighborhoods and start the process with Saratoga Woods, which had a higher percentage of support per the postcard survey results. • Provided an overview of the postcard survey results from the owners in Saratoga Woods. There was a 65 percent return. Typically a 25 percent return is considered a good result with a survey. Of the respondents, 66 percent were in favor of a single-story overlay for the Saratoga Woods neighborhood and 30 percent were opposed. • Stated that staff advertised the Public Hearing and notified the Saratoga Woods homeowners and property owners within 500 feet of the Saratoga Woods neighborhood. • Added that the overlay will exempt existing two-story homes in the neighborhood. Any additions or reconstruction would be limited to single story and overall height of a typical single story. • Stated that while this single story overlay is new to Saratoga, it is common in other communities and is a method of protecting the integrity of existing neighborhoods. Chair Jackman asked if an existing two-story were to be destroyed, would it have to be rebuilt as a single-story if this overlay district is in place. Director Tom Sullivan replied that an were an existing two-story to be destroyed after the establishment of this single story overlay, that two story structure could still be rebuilt as they have it now. He added that communications received were provided to the Commissioners. Chair Jackman pointed out that one resident, Mrs. Balyeat expresses concern about an overlay since she is currently planning a second story addition to increase the size of her 1,300 square foot home. Ms. Marcia Parrish states in her letter that second story additions pit neighbor against neighbor. Director Tom Sullivan said that correspondence was received this afternoon from a Mrs. Lu who is not supportive of the restriction to single story homes. Commissioner Zutshi asked if new construction will be restricted to a certain height. Director Tom Sullivan replied that any addition could not be any taller than the single-story homes contiguous to it. Commissioner Kurasch asked how this neighborhood was identified for the single-story overlay. Director Tom Sullivan replied that an application for a second story addition last summer resulted in petitions being submitted at the Appeal hearing of the Planning Commission decision. The Saratoga Woods neighborhood requested a similar thing several years ago. Commissioner Garakani asked why not overall instead of just one neighborhood. Director Tom Sullivan replied that this neighborhood is still predominately a single-story neighborhood, as is the Brookview neighborhood. If other such neighborhoods are identified, the Commission may hear similar requests from those neighborhoods after the adoption of this overlay. Saratoga Planning Commission Minutes of May 22, 2002 Page 11 Chair Jackman pointed out that both of these neighborhoods also have active Homeowners Associations. Commissioner Garakani asked if the majority supports. Director Tom Sullivan said that according to the postcard poll, which is not scientific, there is 66 percent support for this single story overlay district in the Saratoga Woods neighborhood. Chair Jackman opened the Public Hearing on Agenda Item No. 3 at 8:25 p.m. Mr. David McEachron, 18966 Saratoga Glen Place, Saratoga: • Said that he is involved with the Homeowners Association and has lived in the Saratoga Woods neighborhood for the last 18 years. • Stated that he likes the appearance of the neighborhood, which was designed as a single-story neighborhood. • Added that while some other neighborhoods may be designed as two-story neighborhoods, this one is a predominately single-story neighborhood. • Said that privacy impacts and obstruction of views and light occurs on adjacent properties when two story additions are placed in a predominately single-story neighborhood. • Stated that many homes can expand as single-story homes since these are large lots. • Expressed strong support for the restriction to single-story homes in the Saratoga Woods neighborhood. Commissioner Garakani asked Mr. McEachron for the size of homes in the neighborhood. Mr. David McEachron replied that homes vary from about 1,300 to over 3,000 square feet. Commissioner Kurasch asked Mr. McEachron why he feels the existing process for Design Review would not work sufficiently to protect homeowners in his neighborhood. Mr. David McEachron replied that with the existing review process the neighborhood has to be ever vigilant. Mr. Evan Baker, 12324 Obrad Drive, Saratoga: • Advised that he is present as a citizen this evening. • Added that when this single-story overlay goes before Council, he will recuse himself from considering the matter. • Said that he would like to discuss three key items. • Pointed out that originally 150 houses were constructed on seven tracts. All but four homes were single story. Those four were one-and-a-half-story homes or rather single story homes with a room over the garage. There was one original pre-existing two-story in the neighborhood and two were built on the periphery. • Added that the CC&Rs restricted homes to a single story and that still pertains to the original 150 properties. • Stated that 40 additional homes were constructed in two sections, with 36 built by J. Lohr and 14 two-story homes. At Kocich Orchard, twelve homes were constructed with five being two-story, none of which impinged on single-story properties. Saratoga Planning Commission Minutes of May 22, 2002 Page 12 • Said that a key element of this single-story overlay district is the fact that issue of second stories in Saratoga Woods is not new and has been ongoing since the first application for remodel. The procedures for review have changed. Fairly recently, a homeowner with a 1,200 square foot cottage wanted to add on to that home. The only persons notified were two neighbors. • Stated that since that time, the Saratoga Woods Homeowners Association has kept current on applications for remodel. • Said that he feels strongly about keeping the neighborhood as a single-story since this is the largest subdivision with a highly dominant number of single-story homes in Saratoga. • Said that the homes are on average 16 feet high at the roofline with average square footage between 2,000 and 2,100 square feet. The lots are about 10,000 square feet, although a few are as large as 16,000, one is on a double lot, some lots are as small as 8,500 square feet and only a few homes are as small as 1,000 to 1,300 square feet. • Stated that he has reviewed the proposed Resolution and finds it to be excellent and well prepared. • Added that prior to the arrival of Director Tom Sullivan, the City was not aware that this option was available. • Thanked the Commission for its time. Chair Jackman asked Mr. Baker why not rely on the CC&Rs. Mr. Evan Baker replied that not all homeowners have copies of the CC&Rs and that there are six to seven different sets of CC&Rs. Commissioner Kurasch asked Mr. Baker what he thinks of the opinions expressed that such an overlay will be too restrictive. Mr. Evan Baker: • Replied that it is a trade off. The vast majority bought homes in this neighborhood because they liked the appearance of the neighborhood while a few individuals may want the right to add a second story. • Reminded that the side property offset is but 10 feet with 30-foot deep rear yards. Any second story will intrude upon two, three or even four neighboring homes. • Added that most homes/lots in the Saratoga Woods neighborhood are relatively flat with views of the foothills. New residents may have ideas for expanding upwards but most existing neighbors feel strongly about the single-story presence and the privacy that affords. Commissioner Garakani asked if the second story space is intended for living space or to enjoy views. Mr. Evan Baker said that he could not speculate on the reasons for people to build second story additions. Commissioner Garakani offered the suggestion that basements may be an option for additions. Mr. Evan Baker agreed that most homes have the flexibility to expand in ways other than a second story. Commissioner Hunter advised that she drove through the Saratoga Woods neighborhood slowly and found that the houses with the rooms over the garages were not displeasing. Added that covering land Saratoga Planning Commission Minutes of May 22, 2002 Page 13 with more home is less pleasing than allowing building over the garage. Questioned whether Mr. Baker was certain that not allowing the room over the garage is a good idea. Mr. Evan Baker pointed out that the rooms over these garages were uniquely designed and do not have a flat ceiling interior. Today’s additions over the garage would require the raising of the ridgepole and would change the exterior of the house. The remaining garages in the tract were not constructed to be load bearing. Commissioner Hunter mentioned the potential loss of trees with single story additions to existing single-family residences. Mr. Evan Baker reiterated that many people have told him that the single-story character of this area is what drew them to this neighborhood. People want that kind of uniform neighborhood that they can count on. Reminded that even with a single story overlay, a property owner can apply for a Variance to allow for a second story. Director Tom Sullivan concurred. Mr. Larry Mehringer, 19709 West View Drive, Saratoga: • Stated that Mr. Baker did an eloquent job of describing their neighborhood. • Advised that he has resided in the Saratoga Woods neighborhood for about 18 years and found the design of this neighborhood pleasing. • Added that he lives next door to one of the one and a half story homes and pointed out that there are no side windows on the room over the garage to create privacy impacts. • Described the home behind him as a “monster” home, which is creating noise impacts. • Declared that the notification process should be standard. • Said that he has spoken with many neighbors and most want their neighborhood to stay the way that it is. They are flatlanders and like it that way. • Stated that people are really concerned about their privacy. • Said that this is a great neighborhood with a swim club. • Stated that the proposed Ordinance should go forward and recommends that Council approves it. Mr. David Gremer, 12388 Radokya Dive, Saratoga: • Advised that he has resided in the Saratoga Woods neighborhood for 20 years and finds it to be a wonderful neighborhood characterized by its homes and neighbors. • Agreed that the issue of second story additions does pit neighbor against neighbor and said that he is delighted that this overlay is being considered. • Pointed out that this is more of a rural setting and that second stories affect neighbors, causing crowding and loss of natural light. • Recommended approval of the single-story overlay district. Commissioner Kurasch stated that it appears that there are lots of long-term residents in the Saratoga Woods neighborhood. Mr. David Gremer agreed, stating that it is a great place and he recommends it. Ms. Andrea Gremer, 12388 Radokya Drive, Saratoga: Saratoga Planning Commission Minutes of May 22, 2002 Page 14 • Expressed concerns about privacy impacts and pointed out that the home behind hers is undergoing an addition with increased height that has resulted in windows with views into her bedroom. • Added that she grew up in this home and loved having no visible structure when playing in her backyard as a child. • Stated that it is creepy to have windows that reduce the privacy from her bedroom. Director Tom Sullivan asked Ms. Gremer which home is being remodeled. Ms. Gremer’s mother replied from the audience that the house behind them is on Lolly Court. Chair Jackman closed the Public Hearing for Agenda Item No. 3 at 9:02 p.m. Chair Jackman asked staff how new buyers to the area will be made aware of this single-story overlay district that would impact their property. Director Tom Sullivan advised that there are strict real estate disclosure laws when homes are sold. Additionally, the City can record this information and when a title search is done, this overlay restriction would come up for any affected property. Chair Jackman asked if this is the surest way of getting the word out. Director Tom Sullivan: • Pointed out that the Silicon Valley Realtor’s Group has been involved in this process since January and that there are penalties for realtors who do not disclose all pertinent information upon a real estate transaction. • Added that the Commission can take action in one or two steps for the recommendation of adoption of a Negative Declaration as well as forwarding a recommendation to Council to adopt the single- story overlay district for the Saratoga Woods neighborhood. Commissioner Kurasch: • Stated that she applauds the neighborhood and the City. • Said that this overlay gives a proactive tool rather than forcing property owners to be reactive. • Expressed appreciation to the comments made in support of the design of this neighborhood as a single-story neighborhood. • Stated that there is a trade off in quality of life for the majority and individual gain. • Said that it is important to listen to the neighborhood as they have spoken and to respond by putting their desires for a single-story neighborhood into a codified form. • Said that she is very happy to see this come forward. Commissioner Zutshi: • Stated that she likes the fact that the neighborhood has come forward together in support of the single-story overlay district. • Agreed that if this overlay is recorded with the title, new owners will be made aware of it. • Stated that she likes the idea of disclosure. • Stated that she likes the idea of retaining a single-story neighborhood. • Expressed her support for the creation of a single-story overlay district in the Saratoga Woods neighborhood. Saratoga Planning Commission Minutes of May 22, 2002 Page 15 Chair Jackman: • Said that she had concerns at the beginning and felt that the CC&Rs restricted homes to a single- story already. • Pointed out that no one has expressed support for the right to allow two-story additions at tonight’s hearing. • Stated that it appears that single-story homes are the desire of the majority. • Said that she hopes that this overlay will be recorded so that it appears on the title for homes in this neighborhood. Commissioner Hunter: • Stated that she is reluctant to support because of the potential for loss of greenery with single-story additions instead of second-story additions. • Pointed out that 30 percent of the residents did not respond to the postcard survey. • Added that she will support the proposed Ordinance Amendment but reluctantly. Commissioner Garakani: • Said that he shares Commissioner Hunter’s concern for potential loss of greenery. • Pointed out that a basement might be another option for residential additions in this neighborhood. • Said that there is probably enough room on most of these lots to expand without a loss of greenery. • Said that this overlay is a way to start. • Suggested that the City may want to consider expanding such an overlay district to other areas of Saratoga. Commissioner Hunter said that she would love to see such an Ordinance that would help protect heritage properties from being torn down. Chair Jackman expressed confidence that new owners would be made aware of the limitations in this neighborhood to single-story. Commissioner Kurasch: • Said that she would like an 18-foot height limitation. • Asked staff how such an overlay district has worked in other communities. Director Tom Sullivan replied that such overlay districts work very well. Explained that at one community for which he worked, property owners had great concern about potential loss of ocean views by taller homes. They were protected with such an overlay zoning. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Garakani, the Planning Commission adopted a Resolution accepting the Environmental Initial Study and a second Resolution recommending adoption of a Zoning Ordinance Amendment (Application #02-083) to establish a single-story overlay district in the Saratoga Woods Neighborhood. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Saratoga Planning Commission Minutes of May 22, 2002 Page 16 *** DIRECTOR’S ITEMS Report on Inconsistencies between the Zoning Code and the Planning Department Handouts (SULLIVAN) Director Tom Sullivan: • Pointed out that he has pulled some departmental handouts from circulation when he discovered that there are inconsistencies between the Zoning Code and these handouts. • Said that his staff carefully reviewed each handout, comparing the data to the Zoning Ordinance. • Said that staff now needs direction from the Commission. They can move forward to change the handouts to match Code or, if current practice is more appropriate, staff can take steps to change Code. • Suggested the need for an added Code regarding the removal of a dead tree. • Said that the 10-day appeal period for a tree removal exists but that there is no requirement to notify neighbors of approval of a Tree Removal Permit. • Said that there is question regarding Tree Protection and how best to measure, using circumference or diameter. Tree Removal and Protection Commissioner Kurasch replied that the diameter is determined from the circumference. The ISA Standard is to measure the diameter at breast height (about four feet off the ground). This is the national standard on how to measure a tree. Director Tom Sullivan said it appears that the Commission is recommending to amend the Ordinance to put the formula for calculating a tree’s measurement into the Ordinance and Handouts. Commissioner Zutshi questioned whether people are even aware that a permit is necessary to cut down a dead tree. Chair Jackman replied that this fact has been widely advertised. Director Tom Sullivan said that the handout will be easily understood. Commissioner Garakani asked if the ISA standard should be incorporated. Commissioner Kurasch suggested that staff consult with the City’s Arborist on where to measure a tree, be it from two or four feet off the ground. Commissioner Hunter suggested the need for a definition of a dead tree. One dead limb on a tree does not represent a dead tree. Director Tom Sullivan: • Suggested that perhaps a staff inspection, without charge, might be required to assure that a tree for removal is actually a dead tree. Saratoga Planning Commission Minutes of May 22, 2002 Page 17 • Pointed out that trees five-inches or larger in diameter were protected in other communities at which he worked. • Said that he is not certain where Saratoga’s standard for 10-inches came from. • Said that an Ordinance change may be required. • Said that his staff now does inspections of trees where a contract employee used to do them. There are six to seven criteria required. • Said that staff will continue to identify where Code and handouts are different. Commissioner Garakani suggested that staff should review every tree proposed for removal. Chair Jackman asked if it would be possible to establish a Tree Committee. Director Tom Sullivan replied sure and asked the Commission to appoint members to such a Committee. Chair Jackman asked for volunteers. Commissioner Garakani volunteered to serve on a Tree Committee. Commissioner Kurasch also stated her desire to serve on a Tree Committee. Chair Jackman appointed Commissioner Kurasch to Chair the Tree Committee and stated that she would like to see a list of recommended replacement trees established. Director Tom Sullivan replied that the Arborist’s Report typically lists native and indigenous trees to the area. Variation to Standards Director Tom Sullivan stated that the next issue for discussion is the provision to allow a variation to standards that allows the Commission and/or Council to vary all Zoning Ordinance requirements without setting limits as they apply to Conditional Uses (not permitted uses). Said that it would be important to set perimeters, limits and controls or to get rid of this Section completely. Commissioner Kurasch said it would be helpful to see the handouts specifically. Variances Director Tom Sullivan said that the handout lists four items where Variances cannot be submitted, which are not backed up by Ordinance and are actually inconsistent with laws that allow for the right of a hearing. Maximum Allowable Building Size – Average Slope Director Tom Sullivan pointed out that the Ordinance has a formula that states that area is equal to the net site area after taking out roads and easements. The handout material states that area counted is gross. Stated that he is more inclined to go with the Ordinance as it is more consistent. Saratoga Planning Commission Minutes of May 22, 2002 Page 18 Chair Jackman expressed agreement and instructed staff to trash the handout. Single-Story/Multi-Story Setbacks Director Tom Sullivan reminded that this issue of how setbacks are handled is already under way and will be before Council very soon. Setbacks Director Tom Sullivan said that the Ordinance is clear on setbacks for two-story residences. The handout states that the whole structure moves forward and not just the second story. If a second story is being added to an existing structure, the hard nose interpretation is that a second story could not be added since the increased setback cannot be achieved. The easier interpretation would be that the second story addition must be set back with an additional penalty. New construction over the height of 18 feet would require the whole building to be moved back. Allowable FAR Director Tom Sullivan reminded that the height requirement is 18 feet. For every foot above 18 feet, the applicant would lose 1.5 percent of allowable FAR. This fact is not mentioned in the handout. Additionally, if ceiling height is above 15 feet, that space has to be double counted. This fact also needs to be added to the handout. Commissioner Zutshi asked Director Sullivan how a setback is calculated when on a slope. Director Tom Sullivan replied that property on a slope is measured on a flat plane. He assured the Commission that staff has received enough direction from the Commission to keep busy updating the information on these handouts. COMMISSION ITEMS Commissioner Kurasch advised that Associate Planner John Livingstone coordinated an Energy Committee meeting. The Committee will be meeting a few more times before coming back before the Commission with an update and/or recommendation. Commissioner Garakani asked staff to look into adjusting the lights in Chambers as they are quite blinding. Commissioner Kurasch agreed and advised that these lights are very uncomfortable and difficult on the eyes. Chair Jackman advised that she would be on vacation for the next Commission Meeting on June 12th. COMMUNICATIONS Written – Minutes from Regular City Council Meetings of April 17, 2002 and Adjourned Meeting of May 7, 2002. Saratoga Planning Commission Minutes of May 22, 2002 Page 19 ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 10:02 p.m. to the next regular meeting set for Wednesday, June 12, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk