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HomeMy WebLinkAbout10-23-2002 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, October 23, 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: Commissioners Barry and Roupe Staff: Director Tom Sullivan and Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of October 9, 2002. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Zutshi, the regular Planning Commission minutes of October 9, 2002, were approved with a correction to page 4. AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 17, 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). ORAL COMMUNICATIONS There were no Oral Communication Items. Saratoga Planning Commission Minutes of October 23, 2002 Page 2 CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 DR-01-035, UP-01-013, ED-01-002 (393-25-022) ST. ANDREW’S 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 Planning Commission will take public testimony and will conduct a formal discussion of issues. The Planning Commission will not take action to approve or deny the project at this time. 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 reconfiguration of 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. (OOSTERHOUS) (CONTINUED FROM 10/9/02) Planner Christy Oosterhous presented the staff report as follows: • Stated that the applicant is seeking Design Review and Use Permit Approval for a new facility for St. Andrew’s Parish and School. • Advised that this evening’s meeting will consist of public testimony and Commission discussion but that no action will be taken. • Said that staff has recommendations for project revisions, which will be presented following the applicant’s thorough project description. Chair Jackman opened the Public Hearing for Agenda Item No. 1 at 7:15 p.m. Mr. Scott Sheldon, Premier Commercial, Project Manager for St. Andrew’s Parish and School: • Informed the Commission that St. Andrew’s Parish and School has been at this location since the early 1960s, exhibiting good corporate and religious ties for and with the City. • Advised that their team present this evening consists of Reverend Cockrell, Mr. McKay, the project architect, the project landscape designer and their traffic consultant. • Said that this has been an evolving process over the last three years with lots of thought and care going into the proposal. • Stated that he would explain how this project would mesh with the community and its neighbors. • Assured that they have planned a first class project that meets the needs of the Parish and School as well as the City of Saratoga. Reverend Ernest Cockrell: • Said that St. Andrew’s has been in operation since 1957 and built its current facility in 1962. • Stated that this 1962 era facility is no longer sufficient to serve the Parish and School. • Informed that there are more programs today. Therefore more meeting spaces are required. Saratoga Planning Commission Minutes of October 23, 2002 Page 3 • Said that this place never stops and that the Parish and School share facilities as much as possible with every available room tightly scheduled. • Declared that they need more room, updated technical support and improved security. • Said that their space needs are drastic and not window dressing. • Assured that their project would fit within Saratoga graciously. Mr. Harry McKay, Head of St. Andrew’s School: • Agreed that they are desperately in need of space, which is a daily problem. • Said that their library does not meet current standards and that their gymnasium is insufficient. • Reminded that the school was built 40 years ago and that teaching and learning is not the same today, as it was 40 years ago. • Reiterated that they simply need more space. • Assured that they will not increase enrollment. • Stated that they want to conduct a 21st Century program within a 21st Century facility. Mr. Jorge Rico, Project Architect: • Presented a PowerPoint Presentation with the site plan and elevations. • Stated that the current 40-year-old school does not meet new needs and that the entire school would be demolished with the exception of the Sanctuary, which will remain. Additionally, they will replace the gymnasium, construct a two-story administrative/classroom building, another two-story classroom wing and a two-story clergy/office building. • Said that the existing 203 parking spaces would be maintained. • Described site constraints including a sewer easement over which they cannot locate buildings and the fifty-foot line at the creek embankment. There are also heritage Oak trees, which must remain. • Informed that the new site layout will permit improved vehicle queuing with two pick up and drop off areas, which will eliminate the current situation where queuing oftentimes ends up out on Saratoga Avenue. • Stated that the proposed gymnasium will include two volleyball courts, one basketball court and a theater. • Said that the classroom/administration building would house third and fourth graders, with the kindergartners through second graders on the first floor. There is a State requirement to have K-3 located on a first floor level for emergency exiting reasons. The fourth through six grades would be housed within a second story classroom wing. • Said that on the main campus level, five Sunday school classrooms are planned and both Parish and School administration buildings. There will be a gathering space for weddings, etc., a nursery, and on the upper level classrooms for seventh and eighth grade English, History, etc., and offices. • Said that the roof plan includes the use of mansard roofs to try to lower the height of buildings. • Described the cluster of buildings as equaling a campus. • Said that the gym would consist of light colored cement plaster over a darker cement plaster base. • Stated that they have agreed to lower the entry element of the Administration Building by three feet. • Said that a trellis component will tie buildings together as a unifying element. • Stated that the Parish Building with clergy offices would be lowered by 2.5 feet to reduce building height. • Described the Bell Tower. • Said that the project site is flat in the front with a bottom portion that drops 12 feet lower. This change in grade will give the effect of lowering the appearance of these buildings. Saratoga Planning Commission Minutes of October 23, 2002 Page 4 • Assured that they have made an effort to reduce heights using the property’s topography. Mr. Scott Sheldon: • Stated that they held a series of neighborhood meetings as well as workshops with the Commission. • Said that they have dealt with issues is a real straightforward way and worked with staff on a number of issues. • Advised that a revised acoustical report was provided to staff. • Addressed traffic issues and assured that they don’t want to impact either Saratoga or Fruitvale at all. • Made himself available for questions as well as any of the project consultants. Commissioner Garakani asked if any projections have been done in response to the letter from a neighbor concerning the visual impacts from this project in blocking their hillside view. Mr. Jorge Rico said that they have done a projection and that they do not believe the project will block views. Added that they have placed the tallest building in the middle of the site to diminish impacts on surrounding residences. Commissioner Garakani asked Mr. Rico if he has any calculations to share. Mr. Jorge Rico replied no. Commissioner Garakani suggested to Mr. Rico that these calculations be prepared. Commissioner Zutshi suggested photo simulations to show how these buildings might impact the surrounding residences. Director Tom Sullivan suggested a photomontage that accurately reflects what a building would look like on site. Commissioner Zutshi pointed out that there is a distinction between a public library and a school, with different requirements. Director Tom Sullivan said that the City has the right to excuse some particular properties from certain requirements. Commissioner Zutshi said that a private school could not compare itself to a public library. Ms. Christy Oosterhous presented the staff recommendations as follows: • Suggested that no increase in enrollment be permitted without Planning Commission approval. • Added that there is no proposed increase enrollment. • Recommended the reduction or elimination of the bell-ringing schedule. • Suggested that the applicant recalculate the FAR since spaces above 15 feet in height have not been double counted. • Said that to deal with massing issues, the applicant should reduce the three-story element to a two- story element and that the Parish and School classrooms be combined as possible. • Reported that the applicant has agreed to reduce the mass and height of the entry. Saratoga Planning Commission Minutes of October 23, 2002 Page 5 • Suggested more detail elements on some buildings, that the roofline follows the hillside contours and that the proposed Color #2 have more earthtoneality. • Stated that staff finds the proposed bell tower to be too massive and imposing and recommended either outright elimination or relocation further away from Saratoga Avenue. • Advised that the revised Noise Study requested of the applicant was recently provided to staff. • Recommended Exhibit D for site circulation be implemented. This plan would provide 1,000 feet of queuing area. • Advised that the Arborist supplied comments and found most of the features of the plan present no major conflict. Commissioner Kurasch asked about the recommendation to reduce the entrances of two buildings and asked if it includes the defined area over the doorway. Planner Christy Oosterhous replied yes. The buildings in question are the Clergy and Administration buildings. Commissioner Kurasch supported the reduction of three-story elements to two-story, pointing out the 30-foot height limitation and stating that when there is a conflict between Zoning and General Plan, the General Plan supercedes Zoning. Planner Christy Oosterhous clarified that the number of stories is limited but not the height. Director Tom Sullivan said that the General Plan indicates public/quasi public uses that can be increased through issuance of a Use Permit. Commissioner Hunter asked if the proposal from the school includes any increase in student population. Planner Christy Oosterhous replied that any increase would be minor, with a fluctuation of less than five percent. Commissioner Hunter pointed out that with the expansion from 17 current classrooms to 18 proposed classrooms, the assumption can be made that student population could be expected to grow by about 25. Chair Jackman said that she sees the potential for an additional 22 students, which is a concern. Commissioner Kurasch pointed out that a letter from the school proposes a student cap at 500, with any increase requiring Planning Commission approval. Questioned the provision for parking if there should be an increase to 500 students. Planner Christy Oosterhous said that the applicant can be asked to evaluate that question. Pointed out that the parking on site is necessary more for Sunday than during weekday school uses. Mr. Scott Sheldon: • Stated that the traffic report took into account 470 students. • Assured that they would have no problem developing a photomontage and reminded that they had placed story poles on site to depict proposed building heights. • Pointed out that Code permits three-story buildings for quasi-public buildings. Saratoga Planning Commission Minutes of October 23, 2002 Page 6 • In response to staff’s recommendation to reduce heights in the Administration/Clergy buildings, they had prepared an extensive needs analysis. Additionally, the State has accreditation issues regarding amount of square footage per pupil, etc. • Said that their space needs have driven their proposed square footage. • Said that they have tried to utilize the site’s natural slope. • Explained that the additional student population is a means to give some flexibility. • Pointed out that student population is down from last year but that next year it could go up. • Asked for that right within constraints. • Said that there are no parking impacts with a student increase to 500 since none of their students yet drive this being a K-8 grade school. Most students are dropped off. • Added that they are proposing to enhance the landscape along Saratoga Avenue. Chair Jackman asked Mr. Rico for the minimum legal height of a classroom. Mr. Jorge Rico said that a classroom ceiling cannot be lower than 8 feet but that most are 9 to 10 feet high now days. Commissioner Zutshi expressed support for the new gymnasium, library and classrooms but not the proposed bell tower. Chair Jackman suggested treating the bell tower separately. Director Tom Sullivan cautioned that the bell tower is part of this overall application. Reverend Ernest Cockrell said that the bell tower is not a need but rather a tradition that they believe would add to the beauty and be a gift to the community in Saratoga. It is more to the “glory of God.” Commissioner Zutshi said that there are many churches in Saratoga but only two with a bell tower. Reverend Ernest Cockrell said that there are only 31 bell towers in the County. Commissioner Zutshi pointed out that this bell tower is proposed to be situated in front of their beautiful church building. Reverend Ernest Cockrell said that they don’t mind and pointed out that the bell tower will be somewhat shielded by trees. Commissioner Zutshi suggested a simulation of the bell ringing to demonstrate to the neighbors how it would sound. Reverend Ernest Cockrell said that they could shield the sound away from neighbors and would close off the sound when practicing their bell ringing. Commissioner Zutshi insisted on the need for a simulation. Reverend Ernest Cockrell said that they have a sample CD. Saratoga Planning Commission Minutes of October 23, 2002 Page 7 Mr. Scott Sheldon advised that the sound impact from the bell tower is addressed in the acoustical report. Commissioner Zutshi again asked about a trial run. Mr. Scott Sheldon said it would be impossible to provide it short of building the bell tower. Reverend Ernest Cockrell: • Assured that the bells are a gentle sound. • Said that they cannot disturb regular school classrooms for Sunday school use. • Pointed out that the Sunday school rooms will also serve as meeting rooms. • Reminded that they have 64 parish organizations requiring meeting space. • Declared that they are not just a school but also a parish. Commissioner Garakani asked about trees to block the bell tower from view. Ms. Rebecca Coffman, Landscape Architect for Project: • Pointed out that there are several Live Oak trees and Redwood trees that would block the bell tower. They are about 35 feet tall. • Said that another Redwood tree could be added, a large 25 to 30-foot specimen to provide additional screening. Commissioner Kurasch questioned the 18-foot high parish hall located at the property line. Mr. Scott Sheldon said that the parish hall is 15 feet off the easterly property line and is about 24-feet high at the highest point. Said that this height could be dropped down. Commissioner Kurasch: • Expressed concerns about the intensity of use of this property. • Said that she is trying to understand the needs. • Pointed out that the additional 34,000 square feet represents an approximately 68 percent increase over what is there now, which has an effect on the area and community. • Said that she understands the importance to the applicant but needs to understand how it will work on this property. • Reminded that the General Plan supercedes the Zoning and sets a two-story limit. Mr. Scott Sheldon said that they have tried to blend in the needs of the School and neighborhood by using existing typography, using the natural slope and adding landscaping to make the School work. Commissioner Kurasch: • Asked about the projections for space needs. There are 15,000 square feet of classroom space now and 18,000 square feet would be what the proposed enrollment requires. • Said she was wondering how to make it all work. • Stated that she does not see the building stepping down from the slope. Mr. Scott Sheldon said that they gave staff the list that outlines State school standards and that they have tried to be judicious and brought their proposal down to minimum standards. Saratoga Planning Commission Minutes of October 23, 2002 Page 8 Director Tom Sullivan suggested continuing this line of discussion following the Public Hearing. Mr. Harry Luoh, 19540 Tweed Court, Saratoga: • Said that his home shares one common fence with the Parish and School. • Said that he can understand the needs of the Parish and School. • Stated that part of the design is inadequate for the area. • Said that he currently has a strong objection until this project is modified. • Said that the proposed Parish center would be located adjacent to his property. • Demonstrated photos that depict his view of the School from his home and the view of his home from the School. • Declared that this existing building results in a big invasion of his family’s privacy. • Stated that the proposed 24-foot height would block his views, views that he has enjoyed for a long time and that he does not want to lose. • Informed that he submitted a letter, • Listed his objections and/or suggestions to include: • Reduce the building heights to two story. • Modify the setback of the Parish hall, proposed at 15 feet for a 24-foot high structure. • Modify the Parish hall’s four big windows, which would overlook his property line and allow people from the Parish hall to see into his living room. • Reduce or eliminate the bell tower. • Modify the plan to a maximum of two stories. • Break up the massing. • Increase the setback to 20 feet from his property line. • Lower the height of the Parish center to 15 feet. • Either remove or raise the height of the proposed four windows so that his property cannot be looked upon. • Advised that he has resided in Saratoga for eight years, enjoys his property and wants to be able to continue to enjoy his property. • Declared that he does not want to see a big building instead of blue sky. Commissioner Kurasch asked Mr. Luoh if his home is a single or two-story structure. Mr. Harry Luoh replied that his home is a single-story as are most homes in the area. Ms. Susan Kranich, 19541 Tweed Court, Saratoga: • Stated that she lives next door to Harry Luoh and has lived there since 1968, where her parents raised their five daughters. • Said that this project would impact her family greatly. • Stated that she can understand the need for improvements to the school but has a problem with the proposed heights, particularly for the Administration and northern classroom building, which are closest to her home and yard. • Said that she is concerned about the loss of view from her family home. • Expressed concern about environmental impacts from car exhaust, as vehicles would queue toward the creek area. • Asked if a study of potential impacts has been prepared. Saratoga Planning Commission Minutes of October 23, 2002 Page 9 • Suggested that the bell ringing schedule might be problematic for her family and was concerned that the potential move of the bell tower away from Saratoga might cause it to be located closer to her home. • Declared that they have had very little problem with St. Andrew’s Parish and School over the years. They have been good neighbors and it has been nice to hear the sound of children. • Stated that this proposal seems like a huge addition to what is currently a park-like setting. Commissioner Kurasch asked Ms. Kranich how many stories her home has. Ms. Susan Kranich replied one. Mr. Donald A. Carr, 19803 Merribruck Court, Saratoga: • Said that he lives two blocks from the Church, has been a resident of Saratoga since 1980, a member of the Church since 1989 and involved with the School since 1985. His daughter graduated from St. Andrew’s and went on to graduate from Mitty and USC. • Added that as he is involved with the Church and since his daughter got off to a good start at St. Andrew’s, he is a proponent of this project. • Stated that he would like to see the project go forward. • Said that they cannot do things now because there is not enough room to accommodate the 64 different programs operated at the Parish and School. Mr. Jim Stallman, 19750 Braemar Drive, Saratoga: • Stated that St. Andrew’s is a good neighbor and that he is excited about the bell tower. • Said he notices a front path depicted and stated it is good to see this path. • Asked if there would be a sidewalk along Saratoga Avenue. • Pointed out that there is room to move the curb and add a sidewalk. • Suggested that parking not be prohibited along Saratoga avenue since it could calm traffic to allow such parking. Director Tom Sullivan advised that he believes there will be sidewalk but not all the way. Mr. Jim Stallman said that a sidewalk is needed from Mrs. Jorganson’s onward. Ms. Rebecca Coffman, Project Landscape Architect, reported that there will be sidewalk all along the frontage of Saratoga. Ms. Diana Luoh, 19540 Tweed Court, Saratoga: • Said that her property is adjacent to St. Andrew’s. • Pointed out that the school replaced a trailer about two years ago. Instead of being angled like the original trailer, the new trailer was installed parallel to her property. They were promised screening trees but they are not there. • Said that Saratoga traditionally does not have two-story classrooms but rather have a more park-like campus. • Said that while she can see the need for additional space, a 70 percent increase is too aggressive. • Said that the big picture needs to be considered including traffic and noise concerns. • Asked that activities near their shared fence should be limited to avoid noise impacts. Saratoga Planning Commission Minutes of October 23, 2002 Page 10 • Pointed out that there is a park on the other side where no residence would be impacted by noise coming from this proposed building. • Said that people don’t always stay within the building and that conversations from the site infringe on their use of their home and yard. • Stated her opposition to any three-story building and expressed a preference for single-story buildings. • Suggested the outright removal of the bell tower and said that she would not enjoy hearing the bells ringing every Sunday even though she does love music. Commissioner Hunter pointed out that several schools have been renovated with multi-story buildings, including Saratoga School with three stories and Redwood School, which has a two-story science building. Asked Ms. Luoh if she was aware of the school when she purchased her home. Mrs. Diana Luoh: • Replied yes. • Reminded the Commission that the trailer originally located closest to her home did not impact her family until it was replaced and repositioned on the site. • Pointed out that the school day is typically done by 3 p.m. However, the proposed Parish Center will have extended hours, seven days a week. • Concluded by saying that operations at St. Andrew’s have changed since she purchased her home and now has a greater impact. Commissioner Zutshi had questions for the traffic consultant. Mr. Sohrad Rashid, Project Traffic Engineer and City Consulting Traffic Engineer: • Stated that currently cars dropping off students at St. Andrew’s School often end up queued on Saratoga. • Added that with the proposed second drop off point, this would remove cars from queuing off the street by increasing on-site queuing space by 70 to 80 percent. Commissioner Zutshi asked if parking has been considered too. Mr. Sohrad Rashid replied that with up to 1,000 feet of queuing space, allowing 20 to 25 feet per car, would allow approximately 50 vehicles to queue on site. Commissioner Kurasch asked about impacts with increased enrollment. Mr. Sohrad Rashid replied that an additional 24 cars would not be an issue. Commissioner Kurasch asked Mr. Rashid to explain a Level D intersection and potential impacts with up to 470 to 500 students at St. Andrew’s. Mr. Sohrad Rashid replied that with no change from the current 439 students, there would be no queuing onto Saratoga Avenue. Additionally, up to 470 could be accommodated on site. Commissioner Zutshi asked if any provisions are being made to accommodate left turns from the site onto Saratoga Avenue. Saratoga Planning Commission Minutes of October 23, 2002 Page 11 Mr. Sohrad Rashid replied that no change is proposed. Commissioner Garakani asked what impacts to the site’s queuing might occur if people are waiting to leave the property via left turns onto Saratoga Avenue. Mr. Sohrad Rashid stated that cars waiting for left turn exiting would not impact queuing on site. Commissioner Kurasch asked about meeting with neighbors. Mr. Scott Sheldon: • Advised that they had relayed copies of the sign up sheets to staff. There were three meetings and two workshops. With the exception of Mr. Luoh, on one else who attended one of the meetings is present this evening. • Said that he wants to address needs for everyone. • Pointed out that St. Andrew’s has been a good neighbor as has been testified by neighbors. • Stated that the intent and letter of Zoning regulations has been met. • Said that they have addressed security issues for their students. • Said that to satisfy the concerns of the neighbor to the east, the four windows that go in would be changed to a clear story window, located up high. Additionally, they will reduce the height of the roof so as not to impact neighbor views. • Informed that they moved the lunch area near Mrs. Jorganson’s property with her support. • Stated that this is a good solution for all parties. Chair Jackman closed the Public Hearing for Agenda Item No. 1 at 8:40 p.m. Commissioner Kurasch: • Stated her support of staff’s analysis and recommendations. • Said that the project needs to come more into balance with the rest of the area with less intensive uses and lower building heights. • Said that she could not support so many variations from standards. Chair Jackman: • Said that the intensity bothers her. • Stated that she is not sure how to reduce some of these buildings but that they must fit better onto the site. Commissioner Hunter: • Said that she has a great deal of compassion for St. Andrew’s. • Pointed out that most public schools have remodeled and include high buildings. • Declared that kids are the most important thing in the world. • Said that she sees St. Andrew’s making a great effort. • Agreed that one cannot teach today in a school built in 1962. • Said that we have to prepare kids for the future. • Agreed that something must be done about the building located closer to residences. • Said that this will be wonderful for the community and for St. Andrew’s and should be allowed to go ahead. Saratoga Planning Commission Minutes of October 23, 2002 Page 12 Commissioner Kurasch questioned comparing this to public schools. Chair Jackman said that St. Andrew’s has a wonderful reputation and the security improvements for its students is important. Commissioner Zutshi: • Said that she looked at the school today and found that it looks subdued and like a nice village school. • Expressed a problem with the proposed three-story buildings and bell tower. • Said that she is trying to visualize this big project on this site. • Stated a need to reduce bulk. • Agreed that she too understands the need for proper classrooms for children. Commissioner Garakani: • Stated that he takes issue with the bell tower. • Said he could not understand why neighbors have not been taken more into consideration. • Said he basically would go with the staff recommendations. Director Tom Sullivan advised the Commission that it has achieved what was desired this evening. Chair Jackman called for a break at 8:50 p.m. Chair Jackman reconvened the meeting at 9:01 p.m. *** PUBLIC HEARING – ITEM NO. 2 APPLICATION #01-044 (403-28-034) – AZIZI, 18360 Purdue: Request for Design Review Approval to construct a two-story single-family residence on a 8,040 square foot lot. The floor area of the proposed residence and attached two-car garage is 2,923 square feet. The maximum height of the residence would be 20 feet. The site is zoned R-1-10,000 (OOSTERHOUS) Planner Christy Oosterhous presented the staff report as follows: • Advised that Sheet A-8 indicates a height of 21 feet but is actually 20 feet. • Stated that the applicant is seeking Design Review Approval for a first and second story addition to an existing single-family for a residence totaling 2,923 square feet. The first floor would be increased by 245 square feet and the second floor by 842 square feet. The maximum height would be 20 feet. • Described the lot as being 8,040 square feet within an R-1-10,000 Zoning District. • Said that staff finds that design policies have been met, that use of earthtones reduce the appearance of mass and bulk. • Informed that the applicant has provided evidence that their neighbors do not object with eight letters of support. • Recommended approval. Saratoga Planning Commission Minutes of October 23, 2002 Page 13 Commissioner Kurasch asked whether this home could be brought back at a future date to increase the height of the second story. Planner Christy Oosterhous replied yes. Mr. Cove Britton, Architect: • Explained the decision to go with a second story was made in order to preserve open space in the yard for the two young children in the family. • Said that the expansion to this smaller home is necessary to provide room for extended family members to visit. • Said that the interior height of the garage and guestroom would be the minimum allowed or 7 feet, 6 inches. • Said that they have worked with neighbors to address any concerns. • Pointed out that the windows along the property line are high to avoid any privacy impacts. • Said that they have carefully tied the new construction with the existing residence. • Made himself available for questions. Commissioner Hunter asked Mr. Britton about the front glass feature. Mr. Cove Britton described it as a bow window. Commissioner Kurasch asked what the purpose was for the slab at the side of the property. Mr. Cove Britton replied a service area for maintenance of trash and recycle barrels. Commissioner Hunter said that she did not believe there were any windows next door to be impacted but rather a blank wall. Commissioner Kurasch said that one does not see second story additions over garages much these days. Mr. Cove Britton explained that actually only the Craftsman style architecture locates the largest mass at the center of a house while other traditional styles do not. Commissioner Zutshi said that she is impressed with the reason expressed for placing the second story over the garage but said that it appears there is kind of a straight wall on the side elevation. Mr. Cove Britton replied that the second story is moved back three feet from the first story. Commissioner Zutshi said that three feet is not a lot of clearance. Mr. Cove Britton said that they wanted a 4 and 12 pitch roof and that required windows to provide egress from the bedrooms also impacted the need for this roof pitch. Commissioner Hunter stated that this does not look like any other home in the neighborhood. Mr. Cove Britton pointed out that this was not an issue for the neighbors who gave their support. Chair Jackman said that it is different but fits in. Saratoga Planning Commission Minutes of October 23, 2002 Page 14 Mr. Cove Britton said that it is a tradition northern European style. Commissioner Hunter pointed out that only two two-story homes are found among the approximately 160 homes in the immediate area. Mr. Cove Britton said that he felt it could be supported if neighbors don’t object. Commissioner Kurasch expressed concern over the facade of the two-story addition, which creates a long mass. Additionally, the potential of this home being pushed up to 26 feet in height in the future, without Commission review, is a problem for her. Director Tom Sullivan advised that there is a penalty for building height above 15 feet, which would require a reduction in the total square footage of house allowed. Added that the Commission has the authority to place a Condition of Approval that would require any change in the site plan, elevation or ridgeline be brought back to the Planning Commission for approval. Chair Jackman opened the Public Hearing for Agenda Item No. 2 at 9:22 p.m. Ms. Suzanne Salehpour, 18421 Vanderbilt Drive, Saratoga: • Said that the single-story ranch style character of her neighborhood is a key reason for her purchase of a home in this neighborhood. • Said that she wants to see the neighborhood retain its charm. • Pointed out that most additions in the area are accomplished without going up into a second story. • Said she would hate to see the neighborhood change in this way. • Asked that the Commission not allow a two-story. Mr. Anjan Lukkoor, 18373 Vanderbilt Drive, Saratoga: • Said that he resides behind this property, which he purchased eight years ago. • Said that there are only three two-story homes. • Said that a single-story neighborhood offers a lot of privacy. • Expressed his objection to a second story addition. • Pointed out that there are a number of ways to add on without needing a second story as these are fairly big lots. • Added that he would not object to a basement addition. Mr. Chris Wiles, 18363 Purdue Drive, Saratoga: • Advised that his home is directly across the street and that he is here to support this request. • Said that he was contacted early in the design phase and asked for his input. • Said he is impressed with the work and design put into this project. • Informed that he grew up in this neighborhood. • Stated that this project’s design will greatly improve the neighborhood, offering some style and flare. Commissioner Zutshi asked Mr. Wiles if his home is the one that had been removed. Mr. Chris Wiles replied yes. His home had a single-story 1,024 square foot addition. Saratoga Planning Commission Minutes of October 23, 2002 Page 15 Ms. Maureen Williams, 18396 Purdue Drive, Saratoga: • Said she is very much in support and finds this to be a great design. • Identified her home as the other second story on the block. • Said she has three small children and a single-story addition would have taken too much open space from their lot. They remodeled about 10 to 12 years ago with a second story addition. Chair Jackman asked how much square footage was added. Ms. Maureen Williams replied 1,100 square feet. Said that since she did not get a letter of support in on time she elected to come this evening to support the applicant’s request. Commissioner Hunter asked Ms. Williams if she had trouble getting her second story addition approved. Ms. Maureen Williams said that she installed a high fence with lattice as recommended by the Commission to help screen the addition from the neighbor’s home. There have been no complaints. Commissioner Garakani asked Ms. Williams if she has a number of trees in her backyard. Ms. Maureen Williams replied that she has just one tree in the back corner of her backyard. Mr. Cove Britton stated that he believed this project could be approved with the impacted neighbors expressing support. Added that additional landscaping could be installed if necessary. Commissioner Garakani pointed out that the concern is over future two-story home additions in the neighborhood. Mr. Cove Britton said that those applicants would also have to obtain Commission approval. Commissioner Garakani advised that this approval would establish a precedent for two story additions in this neighborhood. Chair Jackman closed the Public Hearing for Agenda Item No. 2 at 9:30 p.m. Commissioner Hunter: • Stated that her main objection is that this house design does not look like any other house around and that she does not understand the turret type element. • Added that the home is not in keeping with the neighborhood. • Said that while it is fine for neighbors to express support, there is a reason for having a Planning Commission to review these proposals. If not, in the future, someone would look at this and question “how did that get through.” • Said that her main objection is not the fact that this is a two-story but mostly because of the proposed glass bow window feature. Chair Jackman said that this home is not like the neighborhood and that a single-story addition could be accommodated while still leaving a fair amount of open space available. Saratoga Planning Commission Minutes of October 23, 2002 Page 16 Commissioner Kurasch: • Agreed with the comments of Commission Hunter. • Said that the larger and most important issue is lessening the impacts for everyone else including the precedent for second stories. • Stated that she cannot support a two-story home in an area with a predominately single-story character particularly since there are options available for a single-story addition to the home. • Suggested that the applicant try again with a smaller one story. Commissioner Zutshi said she saw a lot of homes in this area with additions, one-story additions. There are just two two-story homes. Suggested the applicant go for a single-story design to in keeping with the style of the neighborhood. Commissioner Garakani: • Stated that this neighborhood was built 50 years ago and is about to change. • Questioned what if three years from now others get to build a two-story. How will this applicant feel then. • Said that overall, this home would look better than the rest of the houses over there. • Suggested going to a basement addition, which he could support, or providing better articulation. Commissioner Hunter said that she could support this second story because it is only 20 feet high but the design would need to match the neighborhood better. Chair Jackman said that this is a nice proposed addition but that she has to say no to having it placed in a traditional one-story neighborhood as it would change that neighborhood. Director Tom Sullivan advised that staff has prepared a Resolution for approval. The Commission can prepare denial findings this evening and staff could bring the revised Resolution to the next meeting on Consent for final approval. Commissioner Kurasch asked how the applicant would feel about a request for redesign. Chair Jackman reopened the Public Hearing for Agenda Item No. 2 at 9:40 p.m. Mr. Cove Britton reminded the Commission that without a second story, this request would not require Commission review. Director Tom Sullivan advised that this statement is correct. Mr. Cove Britton continued to say that if the project is denied, it won’t need to come back and they also would have the option to appeal the denial to Council. Chair Jackman reclosed the Public Hearing for Agenda Item No. 2 at 9:45 p.m. Commissioner Kurasch asked if the Commission has the authority to require the single-story redesign to come back to the Commission. Director Tom Sullivan replied that the Director has the option per Code to bring it back to the Planning Commission if he or she finds it necessary. Saratoga Planning Commission Minutes of October 23, 2002 Page 17 Commissioner Garakani said he cannot outright say only single-story but rather he would like to see more articulation in the design. Motion: Upon motion of Commissioner Kurasch, seconded by Commissioner Zutshi, the Planning Commission denied a Design Review Approval to allow an addition to a residence located at 18360 Purdue with the findings that there is a lack of neighborhood compatibility, which is overwhelmingly single-story in character; due to the design of the front window; and due to a conflict with potential privacy issues as stated, by the following roll call vote: AYES: Hunter, Jackman, Kurasch and Zutshi NOES: Garakani ABSENT: Barry and Roupe ABSTAIN: None Director Tom Sullivan advised that the Resolution would be added to the Consent Calendar for the next meeting. *** PUBLIC HEARING – ITEM NO. 3 APPLICATION #02-197 (CITYWIDE) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would revise side yard setback requirements for structures over 18 feet in height in the R- 1-10,000, R-1-12.500, R-1-15,000 and the R-1-20,000 Districts. (SULLIVAN) (CONTINUED FROM 10/9/02) Director Tom Sullivan presented the staff report as follows: • Advised that this amendment is the result of complaints regarding the interpretation of side yard setback requirements, particularly as they relate to substandard lots. • Said that the letter of the law requires the entire building setback to be moved in by one foot for every foot above 18-feet in height. • Added that typically staff recommends that applicants apply for a Variance. • Stated that staff has prepared an Ordinance Amendment to address how to handle substandard lots. Another alternative would be to get rid of the 18-foot setback penalty for height altogether. • Advised that frankly the Ordinance as currently written is not working. • Explained that for non-conforming lots, the first floor must meet the minimum standard and the second floor must be moved in another five feet. • Informed that this issue did rise up to the Council, who instructed staff to prepare and bring forward this Ordinance Amendment. Commissioner Zutshi asked for clarification regarding interior and exterior lots. Director Tom Sullivan explained that an interior lot is located between two other lots while an exterior lot would be found on a corner. Commissioner Kurasch sought clarification that most complaints have been based upon non- conforming lots. Saratoga Planning Commission Minutes of October 23, 2002 Page 18 Director Tom Sullivan advised that most issues have been with remodels with second floors, usually on substandard lots, particularly when the applicants seeking additions want to take advantage of existing load bearing walls. Commissioner Kurasch asked if the Amendment could be earmarked just for non-conforming lots. Director Tom Sullivan replied that the Commission could make that recommendation. Commissioner Garakani said that the current Ordinance offers the incentive to give a building articulation and avoid straight walls. Commissioner Zutshi said that straight walls could happen anyway with larger sized lots. Director Tom Sullivan pointed out that a conforming lot width in R-1-10 is 85 feet. Some older lots have only a 50-foot width. Chair Jackman asked if McCoy Avenue has less than 85-foot width. Director Tom Sullivan said it could be that it does. Commissioner Garakani asked what the advantage would be for conforming lots. Director Tom Sullivan replied that if dealing with a new house, where the old house has been torn down, the current Ordinance works find. When remodeling or on a substandard lot, it does not. Commissioner Kurasch pointed out that the Commission mostly sees tear downs. Asked if there is an advantage to having the Amended Ordinance apply in all circumstances. Director Tom Sullivan replied consistency is the advantage if the same guidelines apply to new and remodeled homes. Commissioner Zutshi agreed that it would make it simple to follow. Chair Jackman expressed that this Ordinance would create more open space. Commissioner Kurasch added that the Design Review process would still allow consideration of bulk and mass issues. Director Tom Sullivan said that if the 18-foot penalty rule is repealed, someone wishing to build up would have to meet Design Review findings. Commissioner Kurasch said that she had no problem with the proposed Amendment. Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Garakani, the Planning Commission forwarded a recommendation to Council for approval of the adoption of a Zoning Ordinance Amendment (Application #02-197) that would revise side yard setback requirements for structures over 18 feet in height in the R- Saratoga Planning Commission Minutes of October 23, 2002 Page 19 1-10,000, R-1-12,500, R-1-15,000 and R-1-20,000 Districts, 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. 4 APPLICATION #02-210 (CITYWIDE) – CITY OF SARATOGA: The proposed Zoning Ordinance Amendment would increase regulatory requirements related to the removal and or pruning of trees. The Amendment would also reduce the diameter of trees that would be protected by Article 15-50 of the Saratoga Code. (SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that it had become increasingly clear that the existing Tree regulations needed to be clarified and strengthened. The issue was last addressed 10 years ago. • Informed that staff and the Tree Committee (Commissioners Kurasch, Hunter and Garakani) took the work done 10 years ago and massaged it. • Stated that this item was advertised as a public hearing and that the environmental determination made longer noticing required. • Added that this item has also been advertised for Council’s November 20th meeting. • Recommended that the Commission move this item on to Council for action. • Said that he had given the entire revised Ordinance to both City Attorney offices and that 85 percent of their proposed changes have been implemented. For the most part, their changes included turning “will” into “shall.” Some of the other proposed changes from the City Attorney need to be further explained to the Tree Committee, which can be done between this meeting and the Council hearing. • Stated that this represents a comprehensive update with definitions that are an important tool for staff. Included are where to measure the size of tree. The industry standard is 4.5 feet above grade. • Said that a significant change is that violations would go from being an infraction (with a $100 fine as a penalty) to a misdemeanor (with more severe penalties). As a fall back proposal, first violations could be treated as infractions while second violations would be misdemeanors. Chair Jackman said that the severity of the first event might play a role. Director Tom Sullivan advised that enforcement would have to be treated as is outlined in the Code. Commissioner Hunter commended the work done by Commissioner Kurasch and Tom Sullivan. Chair Jackman agreed that this has been an excellent effort. Commissioner Kurasch replied if it works. They wanted to have something that was achievable without diluting it down to nothing. Commissioner Hunter said that it is important to see what other cities are doing. Saratoga Planning Commission Minutes of October 23, 2002 Page 20 Commissioner Zutshi mentioned a church in San Francisco that illegally removed three trees and will be fined $1,000 per tree. Commissioner Hunter added plus the fact that the infraction made the news. Commissioner Kurasch pointed out that the revised Ordinance prohibits pruning the crown of a tree any more than 20 percent. Director Tom Sullivan added that up to 20 percent requires no permit while 20 to 30 percent pruning would require a permit. Additionally, no pruning can be done to a tree that is rooted on a neighboring property without a permit. Commissioner Kurasch suggested definitions for crown versus canopy. Director Tom Sullivan suggested adding the definition for crown. Commissioner Kurasch advised that the crown is the same as the canopy, the green leafy area. Commissioner Garakani added “the umbrella.” Commissioner Kurasch replied very good. She expressed the importance of the preparation of a Tree Protection Plan, which would be a site plan. Director Tom Sullivan asked for suggested amended language to the draft. Commissioner Kurasch suggested adding the word “site.” She added that the City Attorney recommended omitting the tree valuation from the Ordinance. Chair Jackman opened the Public Hearing for Agenda Item No. 4 at 10:17 p.m. Mr. Bill Breck, 20375 Saratoga-Los Gatos Road, Saratoga: • Thanked the City for spending time to do this and said that, while it is not perfect, it represents a great start. • Supported the approval of the Ordinance Update as soon as possible. • Said that he hoped the City would allow amendments and/or adjustments to this Ordinance in the future. • Stated his wholehearted support. • Said that it is good that affected neighbors would be notified of a tree removal permit. • Suggested a longer appeal period. • Pointed out that it takes just hours to cut down a tree. • Asked to what extent this Ordinance allows grandfathering in existing conditions. Director Tom Sullivan advised that the Ordinance is prospective and not retroactive. Added that Council will hold two hearings and then 30 days later the Ordinance would be in effect. Mr. Bill Breck asked what would trigger the requirement to get a permit. Saratoga Planning Commission Minutes of October 23, 2002 Page 21 Director Tom Sullivan replied that encroachment into the root zone with almost anything would need a permit. Mr. Bill Breck questioned Section 070, 25(d) as it calls for pruning permits. Director Tom Sullivan said that there are certain instances when greater than 30 percent pruning would be required. A 20 percent standard was chosen to back off from that maximum level. Mr. Bill Breck proposed removing ISA standards. Commissioner Kurasch did not support that suggestion. Mr. Bill Breck said that either ISA or specific rule should be enforced. Commissioner Hunter asked whether PG&E is allowed to prune without standards simply by right. Director Tom Sullivan advised that PG&E would require permits but he is not sure if the City has the authority over how they actually do the pruning. Mr. Bill Breck said that it would be prudent not to allow pruning of trees if trees are under City Arborist remediation, under stress, gouged or with severed roots, etc Added the encroachment permit is not defined. Director Tom Sullivan advised that it is defined under Section 15-50.20(H). The City Attorney put it in with all other issues. Mr. Bill Breck asked where. Director Tom Sullivan replied that they are all on one form. Commissioner Kurasch clarified that both removal and encroachment permits appear on the same form. Mr. Bill Breck asked about penalties for damaging and encroachment of trees and where they are specified. Director Tom Sullivan replied that all provisions are for misdemeanors, which are criminal penalties. Civil penalties need to be further addressed. Mr. Bill Breck pointed out that under State law, if damage is over $400, it becomes a felony. Commissioner Kurasch: • Pointed out that encroachment permits mostly would happen with development projects or activities while removals may be different from development activity. • Said that the Ordinance tries to accomplish a way to open the dragnet a bit. • Said that the goal is to find something that is enforceable and achievable and to avoid and prevent injury to trees. Saratoga Planning Commission Minutes of October 23, 2002 Page 22 Director Tom Sullivan invited Mr. Breck to provide additional written comments within the next week for his use when writing the staff report. Mr. Bill Breck declared that the ISA formulas for valuing trees is way too low and agreed to submit the rest of his comments in writing to Director Sullivan. Chair Jackman closed the Public Hearing for Agenda Item No. 4 at 10:35 p.m. Chair Jackman stated that this is a good report and a big step from where we were. Reiterated that Mr. Breck is encouraged to submit additional written comments. Director Tom Sullivan added that he would schedule a meeting of the Tree Committee together with the City Attorney to make final changes prior to the Council hearing. Motion: Upon motion of Commissioner Jackman, seconded by Commissioner Hunter, the Planning Commission forwarded a recommendation of approval for a Zoning Ordinance Amendment (Application #02-210) that would increase regulatory requirements related to the removal and/or pruning of trees, by the following roll call vote: AYES: Garakani, Hunter, Jackman, Kurasch and Zutshi NOES: None ABSENT: Barry and Roupe ABSTAIN: None Commissioner Zutshi stated that lots of work was done on this and thanked those involved. Commissioner Hunter asked when Council would have its hearing on this Ordinance Amendment. Director Tom Sullivan replied November 20, 2002. *** PUBLIC HEARING – ITEM NO. 5 APPLICATION #02-210 (CITYWIDE) – CITY OF SARATOGA: Consistent with the provisions of the City’s Housing Element of the General Plan, this Zoning Ordinance Amendment will broaden the opportunities to obtain a Use Permit for Second Dwelling Units on Residentially Zoned Properties. (SULLIVAN) (Request to be continued to December 11, 2002) Director Tom Sullivan advised that staff is proposing a continuance of this item to the meeting of December 11, 2002. *** DIRECTOR’S ITEMS There were no Director’s Items. Saratoga Planning Commission Minutes of October 23, 2002 Page 23 COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communication Items. ADJOURNMENT TO NEXT MEETING Chair Jackman adjourned the meeting at 10:38 p.m. to the next regular meeting set for Wednesday, November 13, 2002, to begin at 7 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk