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HomeMy WebLinkAbout1997 Planning Commission Minutes,I CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Tuesday, November 25, 199 7 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting Roll Call Chair Patrick, Commissioners: Bernald, Kaplan, Martladge, Murakami, Pierce, Siegfried Staff. Walgren, Tate Pledge of Allegiance Minutes -November 1'2, 1997 Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 20, 1997. Technical Corrections to Packet CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -036 & UP -97 -005 (APN 397 -22 -030) - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Review approval to construct a new 2,175 sq. ft. two -story home at 23 ft. in height and a 440 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 782 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 2 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 7,260 sq. ft. and is part of a 3- parcel site that is currently occupied by one older home. It is in an R- 1- 10,000 zoning district. Community Development Manager James Walgren presented the staff report noting that the applicant had responded to the Planning Commission's concerns by repositioning the home. Staff recommended approval with conditions. Commissioner Martladge stated that she lived in this neighborhood and wanted to be excused as she felt that she could not vote on this issue. (It is to be noted that Commissioner Martladge had previously discussed this item with the City Attorney and since it could be construed to be a conflict of interest, the Attorney's recommendation was for her to excuse herself from the proceedings.) COMMISSIONERS PIERCE /MURAKAMI MOVED TO OPEN THE PUBLIC HEARING AT 7:40PM. Planning Commission Minutes Page 2 November 25, 1997 David Solomon, owner of the lot, requested approval, advising the Commissioners that the home had been relocated on the lot, the size had been reduced by 125 square feet and that the rear windows had been changed. Commissioners Bemald/Pierce advised everyone that they had each spoken to the owner who had called them, since the previous meeting. Rita McCarty of the Foothill Club endorsed the changes made and encouraged approval. Kathleen Lynch of 20360 Orchard Road was concerned about the drainage. Mary Schuppert of 20350 Orchard Road believed that her privacy would be affected by the windows and was concerned about the closeness of the garage to the alley. Terri Singer of 20320 Orchard Road thought the detached garage would be a safety problem for cars in the alley. Pat DuBridge of the Foothill Club was pleased and asked that the plans be approved. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 7:50P.M. All Commissioners announced their support of the revised plans and their appreciation for the owner's cooperation. COMMISSIONERS BERNALD /MURAKAMI MOVED TO APPROVE RESOLUTION UP -97 -005. APPROVED 6/0. MARTLADGE ABSTAINED. COMMISSIONERS BERNALD /MURAKAMI MOVED TO APPROVE RESOLUTION DR -97 -036. APPROVED 6/0. MARTLADGE ABSTAINED. 2. UP -97 -010 (APN 389 -19 -031) - NEXTEL COMMUNICATIONS/TURKUS, S.W. CORNER OF SOUSA LANE & QUITO RD; Request for Use Permit approval to construct 70 foot tall monopole personal communications services antennae which would replace an existing PG & E pole on the lot at the southwest corner of Sousa Lane and Quito Rd. adjacent to Hwy 85. AT STAFF DIRECTION, CONTINUED TO 12/10/97 TO RE- ADVERTISE. DIRECTOR ITEMS 1) Walgren announced that the Commission retreat had been tentatively set for 1/16/98. 2) Confirmed Commission Christmas Party on 12/11/97 at home of Chair Patrick. 3) Next Commission meeting will be held in Community Center Multi - Purpose Room. 4) Walgren confirmed Commissioners' attendance at 12/4/97 Workshop. 5) Walgren notified Commissioners of City Manager Perlin's reception on 12/18/97. A, - Planning Commission Minutes Page 3 November 25, 1997 COMMISSION ITEMS 1) Chair Patrick advised Commissioners of previous Mayors' photos available 12/9/97. 2) Commissioner Bernald attended Bicycle Committee meeting on 11/17/97. COMMUNICATIONS None Written 1. City Council Minutes dated November 5, 1997 2. Notices for Planning Commission Meeting of December 10, 1997 ADJOURNMENT - 8:15PM to Wednesday, December 10, 1997, Multi- Purpose Room (Community Center) 19657 Allendale Avenue, Saratoga, CA __ +' CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, November 12, 1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting ------------------------------------------------------------------------------------------------------ Roll Call Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce, Siegfried Staff. Walgren, Tate Pledge of Allegiance Minutes - October 22, 1997 COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE MINUTES. APPROVED 5/0. COMMISSIONERS SIEGFRIED/MARTLAGE ABSTAINED. Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 7, 1997. Technical Corrections to Packet CONSENT CALENDAR 1. DR -97 -036 & UP -97 -005 (APN 397 -22 -030) - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Review approval to construct a new 2,301 sq. ft. two -story home at 22 ft. in height and a 400 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 782 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 2 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 7,260 sq. ft. and is part of a 3- parcel site that is currently Planning Commission Minutes November 12, 1997 Page 2 occupied by one older home. It is in an R -1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. (CONTINUED TO 11/25/97 AT APPLICANT'S REQUEST. CITY REVIEW DEADLINE IS 2/20/98.) KAPLAN /BERNALD MOVED TO APPROVE CONTINUANCE. APPROVED 7/0. PUBLIC HEARINGS 1. DR -97 -038, UP -97 -008 and UP- 97- 011(APN 393 -40 -020) - GALEB, 20398/20418/20395 /20415 & 20435 FRANKLIN AVENUE; Request for Design Review approval to construct five new homes on Lots 1, 2, 4, 5 and 6 in the Boisseranc Subdivision (Lot 3 is under separate application.) Four of the homes are 3,710 sq. ft. and one is 3,702 sq. ft. (Lot 2). All of the homes are one - story, at 18 ft. in height. The applicant is requesting a Use Permit to allow detached garages on Lots 2 and 6, with 5 ft. and 10 ft. rear yard setbacks respectively where 25 ft. is required. All five parcels are located within an R -1- 12,500 zoning district. ------------------------------------------------------------------------------------------------- - - - - -- Community Development Manager James Walgren provided a staff report recommending denial of the two use permits due to overwhelming neighborhood response to the proposed detached garages. THE PUBLIC HEARING WAS OPENED AT 7:47PM. Steve Arnold, representing the owners, compared the proposed detached garages to the existing neighborhood detached structures. He explained the V -ditch concept which he felt should benefit the neighbors. He agreed to one gas burning only fireplace in each home when asked by Commissioner Kaplan. The following neighbors addressed the Commissioners on their opposition: Tasneem Ismailji of 20361 Chalet Lane stated that is was bad precedent. Bala Manian of 20361 Chalet Lane was opposed. Henry Clarke of 20410 Thelma Avenue opposed setbacks and drainage plan. Madeline Clarke of 20410 Thelma Avenue objected to setbacks. John Waite of 20344 Franklin Avenue opposed. Victoria Stern Patton of 20375 Franklin Avenue opposed drainage plan and setbacks. Bill Klett of 20369 Chalet Lane spoke of neighborhood agreement to oppose. Planning Commission Minutes November 12, 1997 Ivan Pavlina of 20373 Chalet Lane spoke of grading. Jeannie Nakamura of 20381 Chalet Lane opposed setbacks. Kenneth Ruddell of 20390 Thelma Avenue opposed. Silas Miller of 20450 Thelma Avenue spoke of grading. Bonnie Klett of 20369 Chalet Lane spoke of neighborhood unity. Eric Liu of 20315 Franklin Avenue opposed. Tim Boetticher of 20413 Chalet Lane opposed the drainage plan. Carol Louderback of 20370 Thelma Avenue opposed the drainage plan. Page 3 Steve Arnold addressed the neighbors' concerns regarding the drainage ditch, the cut being 5' from the fence line and the setbacks of other residences in the area. The Commissioners questioned Mr. Ivancovich, owner of Lot 3, concerning the front exterior windows and courtyard of his house. COMMISSIONERS BERNALD / KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:45PM. The Commissioners discussed the illegal grading and the resulting fine. They questioned Mr. Arnold on the drainage plan (V -ditch compared to individual drainage) and maintenance of the ditch, the terracing, the height of the fences and whether there should be retaining walls, the height of the building pads, landscaping, other detached structures in the area, and Variances vs. Use Permits. COMMISSIONERS BERNALDIMURAKAMI MOVED TO APPROVE RESOLUTION DR -97 -038 WITH THE FOLLOWING CONDITIONS: 1) SUBMISSION OF A LANDSCAPE/IRRIGATION PLAN TO STAFF INCORPORATING RETAINING WALLS, IF APPROPRIATE, ON LOTS 1 AND 3. 2) ONE GAS BURNING ONLY FIREPLACE IN EACH HOME & THE REMAINING FIREPLACES TO HAVE GAS STARTERS. 3) CITY ENGINEERING STAFF TO REVIEW THE FEASIBILITY OF PROVIDING INDIVIDUAL REAR YARD STORMWATER CATCH BASINS FOR LOTS 49 5 AND 6 VERSUS THE SINGLE SHARED CATCH BASIN PROPOSED FOR LOT 4 ONLY. 4) PLANS FOR LOTS 2 AND 6 SHALL BE REVISED TO INCLUDE ATTACHED GARAGES. APPROVED 6/1. KAPLAN ABSTAINED. Planning Commission Minutes Page November 12, 1997 COMMISSIONERS SIEGFRIED / BERNALD MOVED TO DENY RESOLUTION UP -97 -008. DENIED 7/0. COMMISSIONERS SIEGFRIEDBERNALD MOVED TO DENY RESOLUTION UP -97 -011. DENIED 7/0. 2. DR -97 -041 (APN 393 -40 -020) - IVANCOVICH, 20438 FRANKLIN AVENUE (LOT 3); Request for Design Review approval to construct a new 3,709 sq. ft. one -story home at 18 feet in height. The site is Lot 3 in the Boisseranc Subdivision (Lots 1, 2, 4, 5, and 6 are under separate application.) The site is 12,500 sq. ft. and is located in an R -1- 12,500 zoning district. ---------------------------------------------------------------------------------------------- - - - - -- COMMISSIONERS BERNALD / SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97 -041. APPROVED 7/0. CHAIR PATRICK CALLED FOR A BREAK AT 9:25PM. 3. DR -97 -021 & V -97 -005 (APN 503 -15 -042) - BREGANTE, 21143 CHADWICK CT; Request for Design Review approval to construct a new 5,971 sq. ft. two -story residence and Variance approval to construct the residence on a slope of greater than 30 percent pursuant to Chapter 15 of the City Code. The parcel is a vacant 2.3 acre lot, located in an HR zoning district. ------------------------------------------------------------------------------------------------------ Walgren presented the staff report explaining that this project met minimum Zoning Ordinance regulations, that the necessary findings could be made to support both the Design Review and Variance requests. Staff recommended approval with conditions. THE PUBLIC HEARING WAS OPENED AT 9:40PM. Lou Basil, from St. Clair Custom Homes, representing the owner, agreed with the staff report. Trent Wong, speaking for his parents at 21252 Chadwick Court, explained that a letter of opposition was submitted. M Planning Commission Minutes November 12, 1997 Jason Bowman, also representing the Wongs, expressed concern for the trees. Page 5 Lou Anne Neiman of Padero Court was concerned about the drainage problems to her property below which would result from additional grading of the hillside. COMMISSIONERS KAPLANBERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:15PM. After some discussion, it was the consensus of the Commissioners that the house as designed was too large for the slope. CHAIR PATRICK OPENED THE PUBLIC HEARING TO THE MOTION FROM COMMISSIONERS KAPLAN /BERNALD TO CONTINUE THIS ITEM TO THE JANUARY 14, 1998 MEETING. APPROVED 7/0. 4. DR -97 -037 (APN 503 -14 -022) - KASSAI, 20783 SARAHILLS DR; Request for Design Review approval to construct a new 4,352 sq. ft. two - story residence pursuant to Chapter 15 of the City Code. The currently vacant .93 net acre parcel is located on the north side of Sara Hills Dr., just east of Pierce Rd., and is within an R -1- 40,000 zoning district. ------------------------------------------------------------------------------------------------------ Walgren presented the staff report recommending approval of the application with the tree protection requirements outlined by the City Arborist. A. Kassai, owner of the property, offered that he was available for questions. The Commissioners questioned the use of the basement under the building pad to be used as a family room and were concerned that the construction activity under the dripline would be harmful to the eucalyptus and oak trees. Mr. Kassai explained that moving the building pad closer to the road would be noisy. COMMISSIONERS KAPLAN /BERNALD MOVED TO CONTINUE THIS ITEM TO THE MEETING OF DECEMBER 10, 1997 TO ALLOW THE APPLICANT TO REDESIGN. APPROVED-7 /0. DIRECTOR ITEMS 1. Walgren mentioned the Santa Clara County Planing Commission sponsored Planning Commission Minutes Page 6 November 12, 1997 Environmental Planning Workshop and polled the Commissioners to find that six would attend. 2. Walgren informed the Commissioners that the neighbors had appealed the Montessori School Use Permit to the City Council on December 3, 1997. 3. The Right -of -Way Ordinance will be reviewed by the Council on November 19. COMMISSION ITEMS Chairwoman Patrick announced that the Christmas Party would be held on December 11 at her home. Details would follow. Commissioner Bernald advised the others that Mark Vellencay contacted her about his alleged illegal rental unit. December 17 was the date set for the next Bicycle Committee Meeting. Commissioner Kaplan questioned status of the Fireplace Ordinance and was informed that it would come to the Commissioners in January. Commissioner Kaplan questioned the study session procedure and whether workshops should be held earlier in the process as it would be advantageous for applicants to be aware of Commission's position prior to spending money for designs, etc. COMMUNICATIONS Written I. City Council Minutes dated November 5, 1997 2. Notices for Planning Commission Meeting of December 10, 1997 ADJOURNMENT - 11:00 PM, to 6:15 PM Wednesday, November 25, 1997, Study Session in the Planning Conference Room, 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, October 22,1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting Roll Call Chair Patrick, Commissioners Bernald, Kaplan, Murakami, Patrick, Pierce Absent: Siegfried Staff: Walgren, Tate Pledge of Allegiance Minutes - October 8, 1997 Page 3, Paragraph 5, strike Oral Communications Ore=1- Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 17, 1997. Technical Corrections to Packet Item #3, Page 9, Condition 11, first sentence, add at the end "...of the new construction." Item #2, Page 4, 4th paragraph, disregard staff note. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR 1. DR -97 -038, UP -97 -008 and UP -97 -011; GALEB, 20398/20418/20395 /20415 & 20435 FRANKLIN AVENUE; Request for Design Review approval to construct five new homes on Lots 1, 2, 4, 5 and 6 in the Boisseranc Subdivision (Lot 3 is under separate application.) Four of the homes are 3,710 sq. ft. and one is 3,702 sq. ft. (Lot 2). All of the homes are one - story, at 18 ft. in height. The applicant is Planning Commission Minutes Page 2 October 22, 1997 requesting a Use Permit to allow detached garages on Lots 2 and 5, with a 5 ft. rear yard setback where 25 ft. is required. (THIS ITEM WAS PULLED FROM THE 9/10/97 AGENDA BY STAFF AND CONTINUED 5/0 TO ADDRESS RECENT GRADING ACTIVITY ON SITE. APPLICANT HAS REQUESTED CONTINUANCE TO 11/12/97. CITY REVIEW DEADLINE IS 2/13/98.) 2. DR -97 -041 (APN 393 -40 -020) - 20438 FRANKLIN AVENUE (LOT 3)9 IVANCOVICH; Request for Design Review approval to construct a new 3,709 sq. ft. one -story home at 18 feet in height. The site is Lot 3 in the Boisseranc Subdivision (Lots 1, 2, 4, 5, and 6 are under separate application.) The site is 12,500 sq. ft. and is located in an R -1- 12,500 zoning district. (THIS ITEM HAS BEEN CONTINUED TO 11/12/97 AT THE APPLICANT'S REQUEST TO ADDRESS RECENT GRADING ACTIVITY ON THE SITE. CITY REVIEW DEADLINE IS 2/22/98.) ---------------------------------------------------------------------------------------------------- - - - - -- PUBLIC HEARINGS 1. DR -97 -036 & UP -97 -005 - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Review approval to construct a new 2,301 sq. ft. two -story home at 22 ft. in height and a 400 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 782 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 2 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 7,260 sq. ft. and is part of a 3- parcel site that is currently occupied by one older home. It is in an R- 1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. DR -97 -027 & UP -97 -015 - SOLOMON, 20385 PARK PLACE (LOT 3); Request for Design Review approval to construct a new 2,290 sq. ft. two -story home at 23 ft. in height and a 400 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 1,007 sq. ft. basement in the home. The site is 8,725 sq. ft. and is a part of a 3- parcel site that is currently occupied by one older home. It is in an R -1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. DR -97 -040 & UP -97 -009 - HARKEY, 20379 PARK PLACE (LOT 4); Request for Design Review approval to construct a new 2,406 sq. ft. two -story home at 23 ft. in height and a 400 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 841 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 10 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 8,800 sq. ft. and is part of a 3- parcel Planning Commission Minutes October 22, 1997 Page 3 site that is currently occupied by one older home. It is in an R- 1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. Community Development Manager Walgren presented the staff report emphasizing that staff was satisfied that three legal lots did exist and that every committee affected by this project had reviewed the request. The consensus of the Commissioners was that there was still enough concern for Lot 2 so they could not approve it. COMMISSIONERS KAPLANBERNALD MOVED TO ADOPT THE MITIGATED NEGATIVE DECLARATION FOR LOTS 21 3 AND 4. APPROVED 5/0. COMMISSIONERS BERNALD / KAPLAN MOVED TO CONTINUE THE PUBLIC HEARING FOR LOT 2 TO NOVEMBER 12. APPROVED 510. COMMISSIONERS KAPLAN / BERNALD MOVED TO APPROVE RESOLUTION DR -97 -027. APPROVED 510. COMMISSIONERS KAPLANBERNALD MOVED TO APPROVE RESOLUTION UP -97 -015. APPROVED 510. COMMISSIONERS BERNALD / KAPLAN MOVED TO APPROVE RESOLUTION DR -97 -040. APPROVED 510. COMMISSIONERS BERNALD/MURAKAMI MOVED TO APPROVE RESOLUTION UP -97 -009. APPROVED 510. 2. UP -97 -012 (APN 397 -25 -095) - IMMANUEL LUTHERAN CHURCH/ONE WORLD MONTESSORI, 14103 SARATOGA AVENUE; Request for Use Permit Approval to utilize 8 existing classrooms and two multi - purpose rooms on two floors of the Immanuel Lutheran Church for the One World Montessori school pursuant to Chapter 15 of the City Code. Approximately 145 students would attend. A play area would be setup in an adjacent parking lot during the week. The parcel is 3.24 acres in size with 114 parking spaces, located in an R -1- 20,000 zoning district. Walgren presented the staff report recommending conditional approval of this request for Planning Commission Minutes Page 4 October 22, 1997 one year. The Public Hearing was opened at 8:09PM. Rebecca Keith, applicant and founder of the school, provided background on their request and how they came to consider moving to Saratoga from Cupertino. Commissioner Murakami questioned and was told that 9 out of the 145 students enrolled were Saratogans. Commissioner Pierce asked and was advised that school was in session all year, with summer classes being shortened. He also asked whether the school could commit to a specified time limit for the permit. They advised him that they really wanted two years, but would settle for anything they could get. Commissioner Bernald asked about other events taking place after school hours and was told that that would be kept to a minimum, possibly two. She also spoke of the extra traffic. The following speakers addressed the Commission: Samuel Fisher, 14227 Worden Way, Saratoga, believed traffic and noise would be greatly increased and that property values would be lowered. Joanne Martens of 14069 Loma Rio Drive advised that 98% of the neighbors were opposed to this permit. Issues were safety, traffic and the welfare of the children. A petition was handed to James Walgren. Craig Stanley of 6027 Evanstone Place, San Jose, spoke of the school's consideration of changing the playground location to the Saratoga Avenue lot. LaVerna Loken of 19962 Wellington Court, Saratoga spoke in favor of the school. Ron Loken of 19962 Wellington Court also approved of this permit. Told the Commissioners that the school was paying the Church for use of the facilities. Adrian Abate of 14050 Loma Rio Drive, Saratoga mentioned the increased noise. She asked what the hours of operation would be and exactly how long the school would be there. Michael Andres of 14065 Saratoga Avenue objected to the permit. Planning Commission Minutes Page 5 October 22, 1997 Larry Fine of 14075 Saratoga Avenue objected to the increased traffic and mentioned Measure G. Johanna Keith of 915 '/2 Guamero Street, city unknown, said that this would benefit the community. Fiona Rodrigues, 14098 Loma Rio Drive, objected to the increased use of the church facility. Nick Earle of 14965 Jerries Drive objected to increased traffic and that it would go past Saratoga High School on Herriman which was already heavily used. Jim Gasiewski of 15845 Glen Una Drive, Saratoga, reported that his children attended the school and that they were extremely happy with their schooling. Gwen Jacobs of 14091 Saratoga Avenue lives next to the church, objected to the additional traffic which would be created as she cannot enter her driveway as it is now, and told of a serious accident she and her family suffered because of the traffic in front of her house. Anita Patel of 19413 Blythe Court in Saratoga objected to the increased noise and lack of safety for the children. Pu -Chan Hsu was in favor of the permit as was happy with the schooling provided. Coleen Wagner of 12861 Pierce Road in Saratoga wanted the school there, but as with other Saratogans, had concerns. CHAIR PATRICK CALLED FOR A BREAK AT 9:30PM. Daniel Witt of 20220 John Drive, Cupertino, spoke highly of the education his children were receiving from the school. Lindsay Cunningham of 20230 John Drive in Cupertino was pleased with the school's philosophy and education. Gena Kraft of 20631 Forge Way in Cupertino thought there should be additional lights on Saratoga Avenue to alleviate present and future traffic problems and that allowing this permit would bring additional funds to the community. Planning Commission Minutes Page 6 October 22, 1997 Jeanette Montoto of 824 Abbott Avenue in Milpitas, the elementary administrator, spoke highly of the school's commitment to the community and to the children. Nadko Toyoshima of 12342 Walden Court in Saratoga was in favor of the school permit. Shin -Ming Liu of 20288 Knollwood Drive in Saratoga was in favor of the school permit. Kathy Segura of 1528 Hudson Street, city unknown, spoke in favor of the use permit. David Krall of 340 Schroeder Street in Sunnyvale wanted the school to be given a chance. Lola Ross of 1638 Tyler Park Way in Mt. View was pleased with the school. David Parry of 4635 Catalina Drive, city unknown, spoke in favor of the permit. Karen Bamberg of 14843 Swarthmore Drive in Saratoga was happy with her children's education at the school. Richard Johnson of 13226 Glen Brae Drive, Saratoga, would welcome the school to Saratoga. James Chouw of 13336 Ronnie Way, Saratoga, was in favor of this permit. Stephanie Salvadore of 14050 Loma Rio Drive in Saratoga was in favor of this permit. Mihir Mohanty of 18890 Woodleigh Court in Saratoga was also in favor. Roberta Sheridan of 128 Ada Avenue, Mt.View, was happy with the school. Vivek Pathela of 12426 Titus Avenue in Saratoga was concerned about increased traffic in Saratoga. Paula Bloom of 14150 Squirrel Hollow Lane in Saratoga has lived in Saratoga for many years and was concerned with traffic and safety along the major thoroughfares. Jim Griffin of 14170 Squirrel Hollow Lane spoke of the same concerns mentioned above. COMMISSIONERS KAPLANBERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:45PM. Commissioners Pierce and Bernald did not think that the traffic on Saratoga Avenue Planning Commission Minutes Page 7 October 22, 1997 would be more impacted than it already was. Commissioner Kaplan and Chair Patrick discussed their concerns for traffic. Then, after briefly discussing the use permit and their support for education, the Commissioners all agreed: - to allow the use permit for the six months from January to June, - to require student's parents to display placards in their cars, - to require the school to provide a crosswalk monitor for peak hours, and - to limit the permit to One World Montessori School. COMMISSIONERS BERNALD/PIERCE MOVED TO APPROVE RESOLUTION UP -97 -012 WITH THE ABOVE CONDITIONS. APPROVED 5/0. 3. DR -97 -048 & UP -97 -009 (APN 397 -22 -044 & 023) - SARATOGA FEDERATED CHURCH, 20390 PARK PLACE; Request for Design Review approval to add 356 sq. ft. to the lower level, 932 sq. ft. to the main level and 2,342 sq. ft. to the upper level of the existing 31,906 sq. ft. Saratoga Federated Church for a total floor area of 35,527 sq. ft. pursuant to Chapter 15 of the City Code. The added floor area is necessary to improve the circulation within the building, to bring the building up to current fire and handicapped requirements, and to provide additional meeting room space. Use Permit approval is required to amend the previous Use Permit, to allow the total height of the structure to exceed the allowable limit for the district, and to allow the floor area to be increased. The parcel is 87,000 sq. ft. in size, located in an R -1- 10,000 zoning district. ------------------------------------------------------------------------------------------------------- - - - - -- Walgren presented the staff report. The Public Hearing was opened at 10:55PM. The applicant's representative, Paul Davis, architect, signified his agreement with the staff report. There was a brief discussion about the windows and roofing by the Commissioners.. COMMISSIONERS MURAKAMI/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:05PM. COMMISSIONERS KAPLAN /MURAKAMI MOVED TO APPROVE Planning Commission Minutes October 22, 1997 Page 8 RESOLUTION DR -97 -048 WITH CONDITIONS TO REDESIGN THE LOWER WINDOWS TO RESEMBLE THE OLDER WINDOWS. APPROVED 510. COMMISSIONERS MURAKAMIBERNALD MOVED TO APPROVE RESOLUTION UP -97 -009. APPROVED 510. 4. AZO -95 -004, CITY OF SARATOGA; Consideration of an Ordinance repealing the sunset clause of the Ordinance which amended Chapter 15 -30 of the City Code relating to the prohibition of certain signs within the Public Rights -of -Way. ---------------------------------------------------------------------------------------------------------- Walgren gave background on the sign ordinance and upcoming expiration. COMMISSIONERS PIERCEBERNALD MOVED TO APPROVE REPEAL OF THE SUNSET CLAUSE. FAILED 3/2. MURAKAMI/PATRICK/KAPLAN OPPOSED. DIRECTOR ITEMS 1. December 24, 1997 public hearing - Cancelled. COMMISSION ITEMS COMMUNICATIONS Written 1. City Council Minutes dated October 1 and 7, 1997 ADJOURNMENT - 11:45PM to 6:15PM, Wednesday, November 12, 1997, Adult Day Care Center, 13777 Fruitvale Avenue, Saratoga, CA Respectfully submitted, Marlene Tate i CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, October 8, 1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting Roll Call Chair Patrick, Commissioners: Bernald, Kaplan, Murakami, Pierce, Siegfried City Attorney Riback, Staff: Walgren, Tate Pledge of Allegiance Minutes - September 10, 1997 Page 1, Oral Communications: Item #6 should read Ttem #5. COMMISSIONERS KAPLANBERNALD MOVED TO APPROVE MINUTES WITH CHANGE. APPROVED 510. MURAKAMI ABSTAINED. Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 3, 1997. Technical Corrections to Packet 1) Item #2, Cover Page Application # - 003 should read' 97. 2) Item #3, Page 3, Correspondence: ParPlace should read Fark Drirve. 3) Item #5, Disregard City Council Meeting attachment added in error. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR 1. DR -97 -038, UP -97 -008 and UP -97 -011; GALEB, 20398/20418/20395 /20415 & 20435 FRANKLIN AVENUE; Request for Design Review approval to construct five new Planning Commission Minutes Page 2 October 8, 1997 homes on Lots 1, 2, 4, 5 and 6 in the Boisseranc Subdivision (Lot 3 is under separate application.) Four of the homes are 3,710 sq. ft. and one is 3,702 sq. ft. (Lot 2). All of the homes are one -story, at 18 ft. in height. The applicant is requesting a Use Permit to allow detached garages on Lots 2 and 5, with a 5 ft. rear yard setback where 25 ft. is required. (THIS ITEM WAS PULLED FROM THE 9/10/97 AGENDA BY STAFF AND CONTINUED 5/0 TO 10/8/97 TO ADDRESS RECENT GRADING ACTIVITY ON SITE. APPLICANT HAS REQUESTED CONTINUANCE TO 10/22/97. CITY REVIEW DEADLINE IS 2/13/98.) CONTINUANCE MOTION BERNALD/KAPLAN, APPROVED 6/0. 2. AZO -95 -004; CITY OF SARATOGA; Consideration of an Ordinance repealing the sunset clause of the Ordinance which amended Chapter 15 -30 of the City Code relating to the prohibition of certain signs within the Public Right -of -Way. (THIS ITEM HAS BEEN CONTINUED TO 10/22/97 AT THE DIRECTION OF STAFF.) CONTINUANCE MOTION BERNALD/KAPLAN, APPROVED 6/0. PUBLIC HEARINGS 1. DR -97 -042; FERGUSON, 14701 BOUGAINVILLEA COURT; Request for Design Review approval to construct a new 970 sq. ft. second story on an existing 3,522 sq. ft. one -story residence. The site is 42,745 sq. ft. and is in an HR zoning district. (CONTINUED FROM 9/24/97 MEETING. REPORT PREVIOUSLY DISTRIBUTED. CIT`l' REVIEW DEADLINE IS 2/20/98.) ------------------------------------------------=-------------------------------------------------------------- Community Development Manager Walgren presented the staff report to the Commission informing them that the project meets minimum zoning ordinance requirements. The Public Hearing was opened at 7:40PM. Lee Ferguson, owner, concurred with the staff report. His desire would be to leave the wall as is. M. Heller, neighbor from across the street, stated that the wall is fine as is. Rich Hartman, architect for the owner, gave background on the process thusfar. COMMISSIONERS KAPLAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:47PM. Commissioners discussed their concurrence briefly. COMMISSIONERS PIEII;CE /SIEGFRIED MOVED TO APPROVE RESOLUTION Planning Commission Minutes October 8, 1997 Page 3 DR =97 -042 WITH MODIFICATIONS TO ROOFLINE AS DISCUSSED BY COMMISSIONER BERNALD. 2. DR -97 -044, UP -97 -007 & V -97 -009; ALAMEDA, 12341 SARATOGA- SUNNYVALE ROAD; Request for Design Review approval to construct a new 1,920 sq. ft. addition to the existing 9,368 sq. ft. two -story Saratoga Cupertino Funeral Home. Use Permit approval is necessary to allow an expansion of this type of commercial activity within a Commercial- Visitor zoning district. Variance approval is also requested to allow a new free - standing identification sign. Walgren presented the staff report signifying that there was support for the project with conditions. The Public Hearing was opened at 7:52PM. Warren Held, the owner's architect, gave the Commissioners history and background on the funeral home and how the project will help fill the needs of the community. of the funeral home were to better serve the community. Mimi Young of 18535 Mill Court objected to the project as she was concerned with afternoon traffic. William Young of 18396 NO Court objected to the sign change, increased traffic and disturbing the environment. Jenny Fu Marks of 18235 Kenyon'Court reviewed letter of objection she sent to the Commission which was distributed prior to the meeting. Meihui Shill expressed concern with increased traffic. Zoe Alameda, owner, spoke (of her and her grandfather's concern for better serving the public with increased parking and increased sign visibility for those attempting to locate the f ineral home. Some discussion ensued on traffic, safety, landscaping, illumination of the parking area and consistency of signs within the area. COMMISSIONERS SIEGFRIED/PIERCE MOTIONED TO CLOSE THE PUBLIC HEARING. APPROVED 6/0. Planning Commission Minutes October 8, 1997 Page 4 COMMISSIONERS PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97 -044 WITH CONDITIONS FOR TWO ADEQUATE PARKING LOT LIGHT STANDARDS. APPROVED 6/0. COMMISSIONERS PIERCE/KAPLAN MOVED TO APPROVE RESOLUTION UP -97 -007. APPROVED 6/0. COMMISSIONERS PIERCE/MURAKAMI MOVED TO APPROVE RESOLUTION V -97 -009 WITH CONDITIONS THAT LANDSCAPING AND SIGN DESIGN BE ACCEPTED BY STAFF. APPROVED 6/0. 3. DR -97 -052; THORNHILL, 19870 MENDELSOHN LANE; Request for Design Review approval to construct a one and two -story addition of 751 sq. ft. by adding 240 sq. ft. to the first story and adding a new 511 sq. ft. second story to an existing 2,947 sq. ft. residence. The site is 8,750 sq. ft. located within an R -1- 20,000 zoning district. ------------------------------------------------------------------------------------------------------------ - - - - -- Walgren reviewed the staff report recommending approval. The Public Hearing was opened at 8:30PM. The owner, Mrs. Thornhill,, notified the Commissioners that she had decided to remove the original Bay windows which apparently were a concern of the neighbors. A neighbor, Warren Lampshiirre, indicated that he was satisfied with removal of the windows. COMMISSIONERS KAPLANBERNALD MOVED TO APPROVE RESOLUTION DR -97 -052. APPROVED 6/0. 4. DR -97 -043; MASSIHPOUR, 18590 AVON LANE; Request for Design Review to construct a 1,785 sq. ft. one -story addition and a 1,668 sq. ft. two -story addition to an existing 1,905 sq. ft. single -story residence pursuant to Chapter 15 of the City Code. The parcel is 44,866 sq. ft_ in size, located in an R- 1-40,000 zoning district. Walgren presented staff report recommending approval with conditions. The Public Hearing was opened at 8:35PM. Shahriar Massihpour, owner, explained the project and problems encountered with the Santa Planning Commission Minutes Page 5 October 8, 1997 Clara Valley Water District in maintaining the creek and bridge. COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:40PM. COMMISSIONERS BERNALD/KAPLAN MOVED TO APPROVE RESOLUTION DR -97 -043. APPROVED 6/0. CHAIR PATRICK CALLED FOR A BREAK AT 8:45PM. 5. DR- 96-054 & V -96 -+018; ADAMS, 14701 AMBRIC KNOLLS ROAD; Request for Design Review approval to construct a 4,753 sq. ft. two -story residence on a vacant 1.58 acre parcel located at the corner of Congress Springs Road and Ambric Knolls Road and adjacent to the Saratoga Creek. Variance approval is necessary to allow the structure to encroach into required setbacks and to be built on a slope of greater than 30 percent. The property is located in an R- 140,000 zoning district. A draft environmental Initial Study has been prepared pursuant to the requirements of CEQA. ------------------------------------------------------------------------------------------------------------------ Walgren presented the staff report, providing background on the studies and analysis conducted and on the reports attached to this item. He explained that the purpose of this meeting was to accept the staff report and take public comments. The Public Hearing was opened at 9:1OPM. Scott Troyer, a City of San Jose supervising inspector and the applicant's representative, advised the Commissioners that the house would be built away from the stream and that the selected site was the best site on the property. He said it would not be feasible to reduce the size of the house. Pam Wilds of 14665 Ambric Knolls Road, expressed concern for possible erosion. She stated that the hillside had large trees which would have to be removed. She wondered who would take care of the problems if' the new bridge caused erosion in the creek. June Anderson of 21150 Arnbric Knolls Road, thought that the applicant's access road should go in first as the construction vehicles travelling along the road now are causing damage. Judi Hartman of 21244 Bank Mill Road, informed the Commissioners that heavy equipment for the project was using her property without authorization from her. A bulldozer sat there for 20 days before it was removed. She was also very concerned that there would be more accidents. Planning Commission Minutes Page 6 October 8, 1997 COMMISSIONERS PIERCEBERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:20PM. Commissioner Siegfried found it difficult to understand plans and to determine what will take place. Thought an overlay would bring everything into perspective: trees, walls, etc. Commissioner Pierce expressed concern for safety, potential for accidents, impact on the creek, vegetation, etc. Attorney Riback was questioned as to what the next steps would be. He informed the Commissioners to move forward if they had enough information to make a decision and if not, advise the applicant what was still needed and continue the matter. Commissioner Bernald agreed with Commissioner Siegfried. She was also concerned with the driveway and bridge, the three -story look and tree removal. She needed more information. Commissioner Murakami mentioned the slope, the environment and safety. Another problem for him was access. Commissioner Kaplan stated that she did not have enough information to make a decision. She was concerned with the neighbors' issues: the environment, trees, the creek, road hazard, etc. Commissioner Patrick thou ght that the road access was terrible and that this project would ruin the creek. She was concerned for the neighbors. Stated that there was not much room to build. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING AT 9:35PM. The Commission requested that the owner make changes and present a comprehensive mitigation plan to the Commission at an Adjourned Meeting to be held on November 12, 1997 from 6:15 to 7:15 in the Adult Day Care Center. DIRECTOR ITEMS None Planning Commission Minutes Page 7 October 8, 1997 COMMISSION ITEMS Commissioner Kaplan wanted clarification on the last meeting 'in November. It was the consensus that the meeting should be changed from November 26'h to November 25h. COMMUNICATIONS Written 1. City Council Minutes dated, September 16, September 17, 1997 2. Notices for Planning Commission Meeting of October 22, 1997 ADJOURNMENT - 9:45 p.m., to Wednesday, October 22, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA I CITY OF SARATOGA PLANNING COMMISSION REGULAR MEETING MINUTES DATE: Wednesdlay, September 10, 1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Pierce, Siegfried Absent: Commissioner Murakami Staff Present: Community Development Manager Walgren, Attorney Mike Riback, Office Specialist H Marlene Tate Pledge of Allegiance Minutes - August 13, 1997 COMMISSIONERS KAPLAN/PIERCE MOVED TO APPROVE THE AUGUST 13, 1997 MINUTES WITH THE FOLLOWING AMENDMENT: Page 3, Paragraph 3, add Commissioner Siegfried: "COMMISSIONERS BERNALD/PIERCE/SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97 -039. Oral Communications Jim Foley of Aspesi Court requested that Item #5 be continued as he could not obtain information beforehand. He was asked to present his request when Item #6 was discussed. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 1997. Technical Corrections to Packet Community Development Manager Walgren noted that Item #4 would be postponed until the October 801 meeting. Since the notice was distributed to the public, grading was performed without permits. CONSENT CALENDAR PUBLIC HEARINGS Planning Commission Minutes September 10, 1997 Page 2 1. DR -97 -039 - PINN BROTHERS CONSTRUCTION, 14232 TAOS COURT; Request for Design Review approval to construct a new 6,170 sq. ft. two -story residence pursuant to Chapter 1.5 of the City Code. The parcel is 49,070 sq. ft. in size, located in an R -1- 40,000 zoning district. (Continued from 8/13/97 to revise plans. City review deadline is 1/23/98.) ----------------------------------------------------------------------------------------------------------- - - - - -- James Walgren presented the staff report advising that staff supported the project. Public Hearing opened at 7:47p.m. Chuck Bommarito, applicant's representative, agreed with the staff report stating that the design spared the trees, there would be four gas fireplaces, the elevation was revised and the garage was turned 90 °. COMMISSIONERS KAPLAN/PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 7:55P.M. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97- 039. MOTION CARRIED 4/1. (CHAIR PATRICK OPPOSED.) 2. DR -97 -036 and UP -97 -005 - HARKEY, 20393 PARK PLACE (LOT 2); Request for Design Review approval to construct a new 2,265 sq, ft. two -story home at 23 ft. in height and a 399 sq. ft. detached garage at 14.5 ft. in height. The project also includes a 670 sq. ft. basement in the home. The applicant is requesting a Use Permit to construct the detached garage at 10 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 7,260 sq. ft. and is part of a 3- parcel site that is currently occupied by one older home. It is in an R -1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. DR -97 -027 - SOLOMON, 20388 PARK PLACE (LOT 3); Request for Design Review approval to construct a new 2,411 sq. ft. two -story home at 23 ft. in height and a 361 sq. ft. attached garage. The project also includes an 893 sq. ft. basement in the home. The site is 8,72:5 sq. ft. and is part of a 3- parcel site that is currently occupied by one older home. It is in an R -1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. 011-97 -040 and UP -97 -009 - HARKEY, 20379 PARK PLACE (LOT 4); Request for Design Review approval to construct a new 2,654 sq. ft. two -story home at 23 ft. in height and a 380 sq. ft. detached garage at 15 ft. in height. The project also includes a Planning Commission Minutes September 10, 1997 Page 3 560 sq. ft. basement in the home. The applicant is requesting an exception to the height reduction for floor area, and is requesting a Use Permit to construct the detached garage at 10 ft. from the rear property line, where a 25 ft. rear yard setback is required. The site is 8,800 sq. ft. and is part of a 3- parcel site that is currently occupied by one older home. It is in an R- 1- 10,000 zoning district. A Mitigated Negative Declaration has been filed. Walgren presented the staff report. Public Hearing opened at 8:03p..m. Applicant's representative, Virgjinia Fanelli, gave background on lot sizes compared to others in neighborhood, solving neighborhood drainage problems, installation of courtesy fencing, etc. The following residents spoke in opposition to the project due to size, legality of lots, privacy, use of the alley, density of project, etc. Joel Berry - 20369 Park ]Place Moana Kutsche - 20375 Park Place Mark Wilbur - 14200 Lutheria Way Brian Ermantraut - 20375 Park Place Rita McCarty - Saratoga. Foothill Club Pat Dubridge - Saratoga. Foorhill Club Kathleen Lynch - 20360 Orchard Road Richard Young - 20340 'Orchard Road James Kardach - 20271 La Paloma Avenue Jerry Smith - 20292 Orclhard Road Dee Stewart - 20345 Orchard Road Cathy Kardach - 20271 La Paloma Avenue Virginia Fanelli addressed the concerns of the neighbors. COMMISSIONERS PIERCE/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:10P.M. B. Coate, Consultant to the City, reported on concern for the location of the homes in proximity to the aging tree on the property. Commissioners Kaplan and Pierce discussed quality of life of the tree. CHAIR PATRICK CALLED FOR BREAK AT 9:20P.M. All Commissioners discussed legality of the lots with Attorney Riback, preserving tree, size of houses, respect for the Foothill Club, integrity of the neighborhood, placement of the houses, etc. COMMISSIONERS BERNALD/KAPLAN MOVED TO RE -OPEN THE PUBLIC HEARING AT 9:45P.M. AND MOVED TO CONTINUE THIS ITEM TO THE STUDY SESSION OF OCTOBER 8, 1997 AT 5:OOP.M. APPROVED 5/0. Planning Commission Minutes September 10, 1997 Page 4 3. DR -97 -046 - OAKLEY, 15440 VIA COLINA; Request for Design Review approval to construct a new 5,999 sq. ft. one -story home at 25.5 ft. in height. The project includes demolition of an existing two -story home on the property. The applicant is requesting an exception to the 1height reduction for floor area. The site is 46,063 sq. ft. in size, and is in an R -1- 40,000 zoning district. ----------------------------------------------------------------------------------------------------------- - - - - -- Walgren presented the staff report recommending approval. Public Hearing opened at 9:55p.im. M. Oakley, applicant, agreed with staff report. COMMISSIONERS PIERCE/RERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:00P.M There was a brief discussion with concurrence to approve. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97 -046 WITH CONDITION THAT THERE BE TWO GAS BURNING ONLY FIREPLACES AND THAT TWO BE EQUIPPED WITH GAS STARTERS. APPROVED 5/0. 4. DR -97 -038, UP -97 -008 and UP -97 -011 - GALEB, 20398/ 20418/ 20395/ 20415/ & 20435 FRANKLIN AVENUE; Request for Design Review approval to construct five new homes on Lots 1, 2, 4, 5, and 6 in the Boisseranc Subdivision (Lot 3 is under separate application). Fong of the homes are 3,710 sq. ft., and one is 3,702 sq. ft. (Lot 2.) All of the homes are one -story, at 18 ft. in height. The applicant is requesting a Use Permit to allow detached garages on Lots 2 and 5, with a 5 ft. rear yard setback where 25 ft. is required. The lots are 12,500 sq. ft. each, and are in an R -1- 12,500 zoning district. THIS ITEM WAS PULLED FROM THE AGENDA BY STAFF AND CONTINUED 510 TO 10/8/97 TO ADDRESS RECENT GRADING ACTIVITY ON SITE. --------------------------------------------------------------------------------------------------------- - - - - -- 5. DR -97 -045 - COE; 15217 SOBEY ROAD; Request for Design Review approval to construct a new 3,740 square foot two -story residence pursuant to Chapter 15 of the City Code. The subject property is 38,109 sq. ft. located within an R -1- 40,000 zoning district. Walgren presented staff report stating that this was a resubmittal. Public Hearing opened at 10:1 Op. m, Ramesh Sharma of 15211 Sobey Road reported that he was not notified of this hearing. It was determined that this resident was a recent purchaser of his property. Commissioners decided that noticing was proper. Planning Commission Minutes Page 5 September 10; 1997 Applicant's representative, Ron ]Harris, agreed with the staff report. CITY ATTORNEY WAS ALLOWED TO LEAVE AT 10:15P.M. Tom Coe, applicant, spoke to the issue of the four fireplaces with Commissioner Kaplan. Neighbors opposing this project are as follows: Bob Davies - 15215 Sob4ey Road - Electrical pole in driveway will be too close to his property. Mentioned basement office, removal of dirt, his view of "massive" house, forge on the property and the roof. William & Roberta Johnson of 18955 Monte Vista Drive were concerned with the stability of the lot after cutting out the hillside and the size of the proposed house. James Foley of 18927 Monte Vista spoke of the size of the house and that two - thirds would not be used for a dwelling. Felt that driveway would be encroaching upon his son's property. Phil Svalya, representing Wm. Johnson, referred to stability of the hill and the retaining walls. Wanted official soil studies to be performed. Dan Gonzalez, attorney for Mr. Coe responded to neighbors' concerns. COMMISSIONERS KAPLANfBERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 10:30P.M. The Commissioners discussed retaining walls, soils studies already performed, preliminary clearance and the unusual items introduced by the neighbors. COMMISSIONERS BERNALD/KAPLAN MOVED TO APPROVE RESOLUTION DR -97 -045 WITH THE CONDITION THAT STAFF ]INVESTIGATE THE FORGE, DUMBWAITER, PULL'DOWN STAIRS TO THE ROOF AND LANDSCAPING PLANS. APPROVED 5/0. 6. DR -97 -047 - L,IN; 13670 BEAUMONT AVENUE; Request for Design Review approval to construct a 011 sq. ft. addition to the existing first story and a new 735 sq. ft. second story addition pursuant to Chapter 15 of the City Code. The subject parcel is 11,761 sq. ft. located in an R -I- 10,000 zoning district Community Development Manager Walgren presented staff report explaining that findings could be made to approve the addition. Public Hearing opened at 11: OOP. M. Applicant, Lin, spoke briefly to the Commissioners. COMMISSIONERS KAPLAN /1BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 11:05P.M. Planning Commission Minutes Page 6 September 10, 1997 The Commissioners briefly discussed the box -on -box design and would not give support. COMMISSIONERS PIERCE/KAPLAN MOVED TO CONTINUE THIS ISSUE TO 10/8/97 FOR THE SUBMISSION OF REVISED PLANS. 7. UP -97 -002 - SAN JOSE WATER COMPANY; BIG BASIN WAY; Request for Use Permit Approval to construct a new 400,000 gallon bolted steel tank (above ground) and remove a 350,000 gallon clay lined reservoir. The subject property is approximately one acre and is located within. an R -140,000 zoning district. ----------------------------------------------------------------------------------------------------------- - - - - -- Walgren reviewed staff report with the Commissioners. Public Hearing opened at 11:1 Op. m. William Moore, representing the San Jose Water Company, reviewed the proposed project explaining that the tank was over 100 years old and why it needed replacement. The Commissioners discussed the reservoir to be installed. COMMISSIONERS BERNAL,D/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 11:15P.M. COMMISSIONERS PIERCEPSIEGFRIED MOVED TO APPROVE USE PERMIT 97 -002. APPROVED 5/0. DIRECTOR ITEMS 1. MQ Heritage Corporation; 14337 Taos Drive - Appeal to Council 9/17/97. 2. Commissioners were invited to participate in choosing the color scheme to be used in painting the Theatre building. COMMISSION ITEMS 1. Review of Sign Program for Argonaut Shopping Center (Continued from 5/28/97 to provide a colored rendering of approved store fronts with signage and a material board indicating a limited color range for the signs.) Accepted 5/0 per the staff recommendation that a range of sign colors be selected ano apps by Community Development Manager. DR -96 -071 = McNeil/Hawell, 18642 Montewood Avenue; Request for approval of revisgd plans s Planning Commission Minutes Page 7 September 10, 1997 (originally approved by the Commission on 3/26/97.) Accepted 510. COMMUNICATIONS Chair Patrick advised the Comrnissioners that she would attend the Good Government Group to discuss the direction of the Commission and the Council. Commissioner Kaplan questioned the use of signage at the BP Station, Written 1. City Council Minutes dated July 16, July 22, August 6, August 12, 1997 2. Notices for Planning Commission Meeting of September 24, 1997, ADJOURNMENT - 11:30 pm to 7:30 p.m., Wednesday, September 24, 1997, Civic Theater, 13777 Fruitvale Ave., Saratoga, CA Respectfully Submitted: Marlene Tate a i. CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, August 13, 1997 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue TYPE: Regular Meeting ---------------------------------------------------------- - - - - -- Roll Call Present: Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Walgren, Tate Pledge of Allegiance Minutes - July 23, 1997 Changes requested: Page 3 - Item 2,, COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE RESOLUTION DR -97 -029 WITH THE CONDITION THAT TWO FIREPLACES BE GAS BURNING ONLY AND TWO BE EQUIPPED WITH GAS STARTERS. Page 5 COMMISSION ITEMS - 2. Commissioner Bernald advised that the entra=t == architect for the Library expansion would be the Spencer Company. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 7, 1997. Technical Corrections to Packet Item #4 should read R -1- 10,000 zoning district instead of R -1- 40,000 zoning district. CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -024 (APN 389 -17 -034) - WANG, 18731 DUNDEE AVENUE; Request for Page 2 Design Review approval to construct a 3,005 sq. ft. two -story residence in place of an existing 1,872 sq. ft. one -story residence. The project side it 9,870 sq_ and is located within an R - =1- 10,000 zoning district. (Continued from 7/9/97 to 8/13/97 at the direction of the Planning Commission to revise plans; applicant is requesting continuance to 9/24/97. City review deadline is 12/29/97.) Letter accepted. APPROVED 6/0. 2. UP -97 -006 (APN 391 -16 -149) - MQ HERITAGE CORPORATION, 14337 TAOS DRIVE; Request for Use Permit approval to construct a new 390 sq. ft. cabana pursuant to Chapter 15 of the City Code. The parcel is.48,453 sq. ft. in size, located in an R -1- 40,000 zoning district. Community Development Manager Walgren presented the staff report advising that this project meets all requirements as well as protects significant trees. He recommended approval. Chairwoman Patrick opened the public hearing at 7 :41PM. The building designer of the project, Ervin Haws, concurred with the staff report and also stated that the cabana was positioned so the neighbors would be shielded from activities. Pinn Brothers' representative Chuck Bommarito supported this request. COMMISSIONERS PIERCE /BCAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7 :50PM. Bernald /Patrick /Kaplan were concerned with excessive coverage on the lot. Pierce /Siegfried /Murakami found evidence to support the project. COMMISSIONERS KAPLAN /BERNALD MOVED TO DENY RESOLUTION UP -97 -006. RESOLUTION REJECTED 3/3. BERNALID/KAPLAN /PATRICK OPPOSED. 3. DR -97 -039 (APN 397 -16 -144) - PINN BROTHERS CONSTRUCTION, 14232 TAOS COURT; Request for Design Review approval to construct a new 6,170 sq. ft. two -story residence pursuant to Chapter 15 of the City Code. The parcel is 49,000 sq. ft. in size, located in an R -1= 40,000 zoning district. ---------------------------=----------------------------------------- Walgren presented staff report noting that staff recommends approval. Chair Patrick opened the public hearing at 7:57PM. Applicant, Chuck Bommarito, was in agreement with staff report. Commissioners Murakami and Kaplan discussed the false balcony design and fireplaces. Page 3 Commissioner Kaplan and Chair Patrick noted their concensus regarding the length of the structure and its visual massiveness. They did not believe that necessary findings could be made to support this particular design. COMMISSIONERS KAPLAN /BERNALD MOVED TO CLOSE THE PUBLIC HEARING. COMMISSIONERS BERNALD//PIERCE MOVED TO APPROVE RESOLUTION DR -97 -039. MOTION REJECTED 3/3. KAPLAN /PATRICK /MURAKAMI OPPOSED. Continued to September 10, 1997 to be voted upon again. 4. V -97 -010 (APN 386 -15 -022) - FRANGADAKIS, 19042 SARATOGA GLEN PLACE; Request for Variance approval to construct a 400 sq. ft. attached two - car garage located 9.5 ft. from an exterior side yard property line (Saratoga Glen Court frontage) where 18 ft. is the minimum Zoning Ordinance setback requirement. The proposed garage would match the existing structure's 9.5 ft. setback. The parcel is 10,034 sq. ft. in size, located in an R -1- 40,000 zoning district. ----------------------------------------------------------------------- Walgren presented stuff report noting that special circumstances apply enabling staff to recommend approval of the Variance. Chair Patrick opened the public hearing at 8:15PM. Applicant's representative, Residential Designer Sharon Willson, described the remodel and also stated that they were adding two new fireplaces. The Commissioners briefly discussed fireplaces, distances of neighbors and pool equipment. Neighbor Jim Russell from 12776 Saratoga Glen Court spoke of the "estate" size of the project stretching to his back yard and not allowing him the "quiet enjoyment" of his property. He also mentioned noise from the swimming pool. COMMISSIONERS BERNALD//MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:25PM. AFTER SOME DISCUSSION, COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE VARIANCE V -97 -010 CONDITIONAL UPON THE TWO NEW FIREPLACES BEING GAS BURNING ONLY. APPROVED 4/2. SIEGFRIED /MURAKAMI OPPOSED. CHAIR PATRICK RECOMMENDED A BREAK AT 8:30PM. ----------------------------------------------------------------------------- 5. DR -97 -030 and V -97 -007 (APN 510 -06 -028) - KRAUTER, 19510 GLEN UNA DRIVE; Request for Design Review approval to construct a new 6,124 sq. ft. one - story home at 22 ft. in height and a 634 sq. ft. pool house at 15 ft. in height. The project also involves a 1,277 sq. ft. basement in the home. The applicant is requesting a Variance to permit a 30 ft. front yard Page 4 setback, where 120 ft. is required for a vacant site. The site is 2.11 acres and is currently Vacant. It is in an R -1- 40,000 zoning district. Walgren presented the staff report explaining that the Variance requested is reasonable considering the configuration of the lot. Commissioner Murakami questioned cut and fill amount for the basement. Commissioner Kaplan noted the three car garage and the breezeway roofline. Applicant's representative, Bob Flury, reviewed the property development process and the neighborhood for the Commissioners. The Commissioners discussed the breezeway, roofline and fireplaces. Owner, Mr. Krauter, spoke briefly as to the logic and merits of his project. Robert Villas, representing the Sandy family, explained that the issue of concern for them was the elongated roofline. COMMISSIONERS BERNALID /MURAKAMI MOVED TO APPROVE RESOLUTION DR -97 -030 CONDITIONAL UPON THE FIREPLACES IN THE POOL HOUSE AND BEDROOM BEING GAS BURNING ONLY AND THE OTHER TWO BE EQUIPPED WITH GAS STARTERS; AND THE BREEZEWAY BEING MODIFIED. COMMISSIONERS BERNALD / KAPLAN MOVED TO APPROVE VARIANCE V -97 -007. APPROVED 6/0. 6. DR -97 -034 and V -97 -008 (APN 517 -08 -017) - LOMAS, 14683 OAK STREET; Request for Design Review approval to construct a 324 sq. ft. addition to the upper level of an existing 3,198 sq. ft. two - level home. The applicant is also requesting a Variance to allow a 22 ft. front yard setback where 25 ft. is required. The site is 16,060 sq. ft. in size, and is in an R -1- 10,000 zoning district. -------------------------- 7 --------------------------------------------- Walgren presented the staff report stating that the City's Heritage Preservation Commission had reviewed and approved of this proposal. Staff recommends approval of both application requests. Architect for the project, Mr. Espanola agreed with the staff report and added that they tried to respect the historic character of the home. COMMISSIONERS SIEGFRIED /MURAKAMI MOVED TO CLOSE PUBLIC HEARING AT 9:15PM. COMMISSIONERS KAPLANa/PIERCE MOVED TO APPROVE VARIANCE V -97 -008 AND KAPLAN /MURAKAMI MOVED TO APPROVE RESOLUTION DR -97 -034. APPROVED 6/0. 7. DR -97 -031 (APN 397 -23 -018) - KARDACH, 20271 LA PALOMA AVENUE; Request for Design Review approval to construct a new 769 sq. ft. second story on an existing 1,406 sq. ft. one -story home. The project also includes a 102 sq. ft. addition to the first floor of the home, a 244 sq. ft. basement, and replacement of an existing 288 sq. ft. detached garage with a new 490 sq. ft. detached garage. The site is 7,491 sq. ft. and is in an R- 1- 10,000 zoning district. Page 5 Walgren presented the staff report pointing out that the proposal meets all requirements and that staff recommends approval. Chairperson Patrick opened the public hearing at 9:30PM. Applicant, Mrs. Kardach took the Commissioners through the process of the their challenge in attempting to preserve the look of the street and neighborhood. Bill Kaiser, a neighbor at 20261 La Paloma expressed his concern for losing the view from 7 out of 9 windows in his home. COMMISSIONERS KAPLAN /MIURAKAMI MOVED TO CLOSE THE PUBLIC HEARING. Commissioners were all appreciative of the second story design and well -drawn plans for this project. COMMISSIONERS KAPLAN /PIERCE MOVED TO APPROVE RESOLUTION DR -97 -031. APPROVED 6/0. DIRECTOR ITEMS COMMISSION ITEMS 1. Commissioner Kaplan questioned the progress of the Argonaut Shopping Center and was informed that work would begin this fall. 2. Commissioner Pierce expressed interest in having a presentation to educate Commissioners on pervious materials. All Commissioners were in concurrence. COMMUNICATIONS Written ADJOURNMENT - 7:30 p.m., Wednesday, September 10, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Marlene L. Tate FLI PLANNING COMMISSION ACTION MINUTES REVISED JULY 23, 1997 City Council Chambers, 13777 Fruitvale Ave. Regular Meeting ------------------------------------------------------------------- Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: Abshire Staff: Community Development Manager Walgren W! UP •- _ -. - Minutes - July 9, 1997 COMMISSIONERS BERINALD /KAPLAN MOVED TO APPROVE THE JULY 9, 1997 MINUTES. THE MOTION CARRIED 5/0. SIEGFRIED ABSTAINED. ABSHIRE ABSENT. Walgren noted that Page 5, paragraph 1 should read: "BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO THE JULY 23, 1997 REGULAR ADJOURNED MEETING." Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 18, 1997. Technical Corrections to Packet None CONSENT CALENDAR PUBLIC HEARINGS 1. UP -97 -004 (APN 393 -01 -024, 393 -01 -025, 393 -01 -026, 393 -01 -027, and 393 -01 -028) - 12850 SARATOGA- SUNNYVALE ROAD (ARGONAUT SHOPPING CENTER), STARBUCKS COFFEE CO.; Request for Use Permit approval to allow a new restaurant /coffee shop in an existing 1,, 169 square foot tenant space, currently occupied by a travel agency, in the Argonaut Shopping Center. Twenty- 9 Planning Commission Minutes Page 2 July 23, 1997 four seats are proposed inside; no outdoor seating is proposed. The project also includes a Sign Permit. The property is zoned Neighborhood Commercial (CN). -------------------------------------------------------- - - - - -- Community Development Manager Walgren summarized the staff report indicating that based on the Center's established commercial use and with proper conditions placed on Starbucks, this request could be supported. Additional letters from the neighbors were distributed to the Commissioners. Chairwoman Patrick opened the public hearing at 7:40 p.m. Ed Storm, representing the applicant, stated that the proposed use was consistent with what is allowable and requested approval. Other speakers providing background for Starbucks included: Ron Taylor, Paul Bowman, and Linda Jonas and Panos Joulios from Los Altos. Neighbor, Chris Hawks, expressed concern due to increased traffic. Eric Morley, Saratoga businessman, welcomed Starbucks. Marguerite Fischer, resident, would be greatful for a clean establishment at Argonaut. COMMISSIONERS PIERCE /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. A summary of the Commissioners' important concerns is as follows: Commissioner Kapgan expressed dismay over a lack of cleanliness and over trash littered throughout the Argonaut Shopping Center. Wanted condition of maintenance if approved. Expressed interest in outdoor seating. Commissioner Murakami questioned whether another location within the Center would be feasible; spoke of traffic and trash issues. Commissioner Siegfried was concerned with square footage, hours of operation, placement of doors and deliveries. Also thought that pigeon droppings were a concern throughout the Center. Commissioner Bernald addressed renovation of the Center, cleanliness and establishing a cleaning policy. Interested in outdoor seating. Commissioner Pierce thought that Starbucks would be an excellent addition to the Center, along with carrying out the upcoming Planning Commission Minutes July 23, 1997 Page 3 renovation. Questioned the scope of cleanliness for which Starbucks would be responsible. Chairwoman Patrick referred to possible trash- related problems with carryout, questioned the start of renovation and a conditional use permit to monitor unclean conditions. COMMISSIONERS BERNALD /SIEGFRIED MOVED TO APPROVE RESOLUTION UP -97- 004 WITH TEMPORARY SIGNAGE AND SUBJECT TO THE SUBMITTAL OF A MAINTENANCE PROGRAM TO STAFF. MOTION CARRIED 6/0. ABSHIRE ABSENT. 2. DR -97 -029 (APN 397 -16 -147) - PINN BROTHERS, 14135 TAOS COURT (LOT 5); Request for Design Review approval to construct a new 5,785 siq. ft. two -story home at 26 ft. in height. The property is currently vacant. The applicant is requesting an exception to the height reduction for floor area. The site is 40,424 sq. ft. in size, and is in an R -1- 40,000 zoning district. -------------------------------------------------------- - - - - -- Walgren presented a staff report recommending approval of the project, commenting that if approved, 2 of the 3 lots in the development would then be developed. Chairwoman Patrick opened the public hearing at 8:27 p.m. Applicant, Chuck Bommarito, representing Pinn Brothers, summarized that he agreed with the staff report. Commissioner Kaplan questioned the driveway width and asked that Pinn Brothers commit to two gas fireplaces and two woodburning with gas starters. COMMISSIONERS KAPLAN /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M. Chair Patrick also expressed her concern for the fireplace issue. COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE RESOLUTION DR -97 -029 WITH THE CONDITION THAT TWO, FIREPLACES BE GAS BURNING ONLY,AND TWO BE EQUIPPED WITH GAS STARTRS. CARRIED 6/0. ABSHIRE ABSENT. 3. DR -97 -014 (APN 397 -16 -145) - PINN BROTHERS, 14200 TAOS COURT (LOT 7); Request for Design Review approval to construct a new 5,860 s(q. ft. one -story home at 22 ft. in height. The 1 Planning Commission Minutes Page 4 July 23, 1997 property is currently vacant. The site is 51,236 sq. ft. in size, and is in an R -1- 40,000 zoning district. Walgren presented a staff report recommending approval of the project as design review findings could be made for support. He pointed out that a letter from resident Applegate was distributed this evening. Chair Patrick opened the public hearing at 8:40 p.m. Applicant, Chuck Bommarito, for Pinn Brothers, requested approval for his project. Commissioner Siegfried questioned the 22' height. Commissioner Bernald expressed concern about the guestroom bath door configuration. Summary of neighbor comments: Neighbor Rich Walker was concerned that the proposed house was not compatible with the other area houses, that he would have no privacy, and that the City was not upholding a 1993 Resolution concerning compatibility. Neighbor Jeff Applegate's issues were height and size, devaluation of his house and that the Resolution be enforced. Neighbor John Teter stated that the project was not compatible with the rest of the neighborhood and that the Resolution be enforced. Neighbor Bob Hortin was also concerned with devaluation of his property and enforcement of the 1993 Resolution. Asked to deny the request. COMMISSIONERS KAPLAN /BERNALD MOVED TO CLOSE PUBLIC HEARING. Walgren stated that he was involved with the Commission's decision to approve the conditions of the Resolution discussed by the neighbors' and that it was intended to be broad. At the City's request, Pinn Brothers has redesigned to meet minimum standards and has not extended to the maximum, which they could. Summary of the Commissioners' comments /concerns : Commissioner Siegfried questioned the lot elevation. Commissioner Kaplan thought the house to be well - designed and questioned the interpretation of "compatibility." All Commissioners discussed the issue of "compatibility ". COMMISSIONERS KAPLAN /PIERCE MOTIONED TO APPROVE RESOLUTION DR -97- 014. THE MOTION CARRIED 5/1. MURAKAMI OPPOSED. ABSHIRE ABSENT. 0 Planning Commission Minutes July 23, 1997 Page 5 4. DR -97 -026 (APN 397 -13 -013) - ZUTSHI, 19381 SAN MARCOS ROAD; Request for Design Review approval to construct a new 4,752 sq. ft. two -story home at 24 ft. in height, in place of an existing 1 „892 sq. ft. one -story home that would be demolished. The existing 962sq. ft. guest house and pool would remain. The site is 53,597 sq. ft. in size, and is in an R- 1- 10,000 zoning district. Community Development Manager Walgren presented staff report summary stating that findings could be made to approve. Commissioners Kaplan, Bernald and Chair Patrick briefly discussed the shared driveway: surface, width, and the gate. Chair Patrick opened the public hearing at 9:50 p.m. Warren Heid, architect for the project described the parameters set forth for him by the owners. Commissioner Kaplan questioned the circle, planter area, long driveway and hammerhead area to be used for fire trucks. Commissioner Murakami questioned the roof composition, being a slate -like shingle. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:55 P.M. PASSED 6/0. The Commissioners briefly discussed this project and the hopes that the guest house and the main house be compatible. COMMISSIONERS MURAKAMI /PIERCE MOVED TO APPROVE RESOLUTION DR -97- 026. MOTION CARRIED 6/0. ABSHIRE ABSENT. DIRECTOR ITEMS 1. Modification of approved soundwall (Kosich Place Subdivision) Walgren explained that the wall would be 7' pre -cast masonry with the appearance of a wood fence. Commissioner Pierce preferred the fence as did the remainder of the Commissioners. Dejected 6/0. COMMISSION ITEMS 1. Topics for August 12 Planning Commission /City Council Joint Meeting. - Air pollution. Gas -only fireplace ordinance. Tree removal ordinance amendments. - Planning Commission attendance at City Council. meetings. O Planning Commisslon Minutes Page 6 July 23, 1997 2. Commissioner Bernald advised that the architect for the Library expansion would be the Spencer Company. CO- MMUNICATIONS Written 1. City Council Minutes dated July 2, 1997 ADJOURNMENT - There being no further business, the meeting was adjourned at 10:30 p.m. to 7:30 p.m., Wednesday, August 13, 1997, Civic Theater, 13177 Fruitvale Avenue, Saratoga, CA Respectfully submitted,, Marlene Tate 3 PLANNING COMMISSION ACTION MINUTES JULY 23, 1997 City Council Chambers, 13777 Fruitvale Ave. Regular Meeting Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: Abshire Staff: Community Development Manager Walgren Pledge of Allegiance Minute's - July 9, 1997 COMMISSIONERS BERNALD /KAPLAN MOVED TO APPROVE THE JULY 9, 1997 MINUTES. THE MOTION CARRIED 5/0. SIEGFRIED ABSTAINED. ABSHIRE ABSENT. Walgren noted that Page 5, paragraph 1 should read: "BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO THE JULY 23, 1997 REGULAR ADJOURNED MEETING." Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 18, 1997. Technical Corrections to Packet None CONSENT CALENDAR PUBLIC HEARINGS 1. UP -97 -004 (APN 393 -01 -024, 393 -01 -025, 393 -01 -026, 393 -01 -027, and 393 -01 -028) - 12850 SARATOGA- SUNNYVALE ROAD (ARGONAUT SHOPPING CENTER), STARBUCKS COFFEE CO.; Request for Use Permit approval to allow a new restaurant /coffee shop in an existing 1,169 square foot tenant space, currently occupied by a travel agency, in the Argonaut Shopping Center. Twenty- Planning Commission Minutes Page 2 August 13, 1997 four seats are proposed inside; no outdoor seating is proposed. The project also includes a Sign Permit. The property is zoned Neighborhood Commercial (CN). Community Development Manager Walgren summarized the staff report indicating that based on the Center's established commercial use and with proper conditions placed on Starbucks, this request could be supported. Additional letters from the neighbors were distributed to the Commissioners. Chairwoman Patrick opened the public hearing at 7:40 p.m. Ed Storm, representing the applicant, stated that the proposed use was consistent with what is allowable and requested approval. Other speakers providing background for Starbucks included: Ron Taylor, Paul Bosman, and Linda Jonas and Panos Joulios from Los Altos. Neighbor, Chris Hawks, expressed concern due to increased traffic. Eric Morley, Saratoga businessman, welcomed Starbucks. Marguerite Fischer, resident, would be greatful for a clean establishment at Argonaut. COMMISSIONERS PIERCE /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. A summary•of the Commissioners' important concerns is as follows: Commissioner Kaplan expressed dismay over a lack of cleanliness and over trash littered throughout the Argonaut Shopping Center. Wanted condition of maintenance if approved. Expressed interest in outdoor seating. Commissioner Murakami questioned whether another location within the Center would be feasible; spoke of traffic and trash issues. Commissioner Siegfried was concerned with square footage, hours of operation, placement of doors and deliveries. Also thought that pigeon droppings were a concern throughout the Center. Commissioner Bernald addressed renovation of the Center, cleanliness and establishing a cleaning policy. Interested in outdoor seating. Commissioner Pierce thought that Starbucks would be an excellent addition to the Center, along with carrying out the upcoming renovation. Questioned the scope of cleanliness for which Starbucks would be responsible. Planning Commission Minutes Page 3 August 13, 1997 Chairwoman Patrick referred to possible trash - related problems with carryout, questioned the start of renovation and a conditional use permit to monitor unclean conditions. COMMISSIONERS BERNALD /SIEGFRIED MOVED TO APPROVE RESOLUTION UP -97- 004 WITH TEMPORARY SIGNAGE AND SUBJECT TO THE SUBMITTAL OF A MAINTENANCE PROGRAM TO STAFF. MOTION CARRIED 6/0. ABSHIRE ABSENT. 2. DR -97 -029 (APN 397 -16 -147) PINN BROTHERS, 14135 TAOS COURT (LOT 5); Request for Design Review approval to construct a new 5,785 sq. ft. two -story home at 26 ft. in height. The property is currently vacant. The applicant is requesting an exception to the height reduction for floor area. The site is 40,424 sq. ft. in size, and is in an R -1- 40,000 zoning district. ----------------=-----------=--------------------------- - - - - -- Walgren presented a staff report recommending approval of the project, commenting that if approved, 2 of the 3 lots in the development would then be developed. Chairwoman Patrick opened the public hearing at 8:27 p.m. Applicant, Chuck Bommarito, representing Pinn Brothers, summarized that he agreed with the staff report. Commissioner Kaplan questioned the driveway width and asked that Pinn Brothers commit to two gas fireplaces and two woodburning with gas starters. COMMISSIONERS KAPLAN /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M. Chair Patrick also expressed her concern for the fireplace issue. COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE RESOLUTION DR -97 -029 WITH THE CONDITION THAT TWO FIREPLACES BE GAS BURNING ONLY AND TWO BE WOODBURNING WITH GAS STARTERS. CARRIED 6/0. ABSHIRE ABSENT. ------------------------------------------------------------ - - - - -- 3. DR -97 -014 (APN 397 -1.6 -145) - PINN BROTHERS, 14200 TAOS COURT (LOT 7); Request for Design Review approval to construct a new 5,860 sq. ft. one -story home at 22 ft. in height. The property is currently vacant. The site is 51,236 sq. ft. in size, and is in an R- 1- 40,000 zoning district. ------------------------------------------------------------- Walgren presented a staff report recommending approval of the project as design review findings could be made for support. He Planning Commission Minutes Page 4 August 13, 1997 pointed out that a letter from resident Applegate was distributed this evening. Chair Patrick opened the public hearing at 8:40 p.m. Applicant, Chuck Bommarito, for Pinn Brothers, requested approval for his project. Commissioner Siegfried questioned the 22' height. Commissioner Bernald expressed concern about the guestroom bath door configuration. Summary of neighbor comments: Neighbor Rich Walker was concerned that the proposed house was not compatible with the other area houses, that he would have no privacy, and that the City was not upholding a 1993 Resolution concerning compatibility. Neighbor Jeff Applegate's issues were height and size, devaluation of his house and that the Resolution be enforced. Neighbor John Teter stated that the project was not compatible with the rest of the neighborhood and that the Resolution be enforced. Neighbor Bob Hortin was also concerned with devaluation of his property and enforcement of the 1993 Resolution. Asked to deny the request. COMMISSIONERS KAPLAN/BERNALD MOVED TO CLOSE PUBLIC HEARING. Walgren stated that he was involved with the Commission's decision to approve the conditions of the Resolution discussed by the neighbors' and that it was intended to be broad. At the City's request, Pinn Brothers has redesigned to meet minimum standards and has not extended to the maximum, which they could. Summary of the Commissioners' comments /concerns: Commissioner Siegfried questioned the lot elevation. Commissioner Kaplan thought the house to be well - designed and questioned the interpretation of "compatibility." All Commissioners discussed the issue of "compatibility"; COMMISSIONERS KAPLAN /PIERCE MOTIONED TO APPROVE RESOLUTION DR -97- 014. THE MOTION CARRIED 5/1. MURAKAMI OPPOSED. ABSHIRE ABSENT. Planning Commission Minutes Page 5 August 13, 1997 4. DR -97 -026 (APN 397 -13 -013) - ZUTSHI, 193$1 SAN MARCOS ROAD; Request for Design Review approval to construct a new 4,752 sq. ft: two -story home at 24 ft. in height, in place of an existing 1,892 sq. ft. one - story home that would be demolished. The existing 962sq. ft. guest house and pool would remain. The site is 53,597 sq. ft. in size, and is in an R -1- 40,000 zoning district. Community Development Manager Walgren presented staff report summary stating that findings could be made to approve. Commissioners Kaplan, Bernald and Chair Patrick briefly discussed the shared driveway: surface, width, and the gate. Chair Patrick opened the public hearing at 9:50 p.m. Warren Heid, architect for the project described the parameters set forth for him by the owners. Commissioner Kaplan questioned the circle, planter area, long driveway and hammerhead area to be used for fire trucks. Commissioner Murakami questioned the roof composition, being a slate -like shingle. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:55 P.M. PASSED 6/0. The Commissioners briefly discussed this project and the hopes that the guest house and the main house be compatible. COMMISSIONERS MURAKAMI /PIERCE MOVED TO APPROVE RESOLUTION DR -97- 026. MOTION CARRIED 6/0. ABSHIRE ABSENT. ------------------------------7------------------------------------ DIRECTOR ITEMS 1. Modification of approved soundwall (Kosich Place Subdivision) Walgren explained that the wall would be 7' pre -cast masonry with the appearance of a wood fence. Commissioner Pierce preferred the fence as did the remainder of the Commissioners. Rejected 6/0. COMMISSION ITEMS 1. Topics for August 12 Planning Commission /City Council Joint Meeting. Air pollution. Gas -only fireplace ordinance. Tree removal ordinance amendments. Planning Commission attendance at City Council meetings. 2. Commissioner Bernald advised that the contractor for the Library expansion would be the Spencer Company. Planning Commission Minutes Page 6 August 13, 1997 COMMUNICATIONS Written 1. City Council Minutes dated July 2, 1997 ADJOURNMENT - There being no further business, the meeting was adjourned at 10 :30 p.m. to 7:30 p.m., Wednesday, August 13, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully submitted, Marlene Tate PLANNING COMMISSION ACTION MINUTES JULY 9, 1997 City Council Chambers, 13777 Fruitvale Ave. Regular Meeting Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Bernald, Kaplan, Murakami, Patrick, Pierce Late: None Absent: Abshire, Siegfried Staff: Community Development Manager Walgren Pledge of Allegiance Minutes - 6/25/97 COMMISSIONER KAPLAN /BERNALD MOVED TO APPROVE THE JUNE 25, 1997 MINUTES WITH THE FOLLOWING MODIFICATION: Page 5, paragraph 7 amended to read: "She expressed concern with the impervious driveway and recommended that additional g qa areas be included." THE MOTION CARRIED 5 -0 WITH ABSHIRE AND SIEGFRIED ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 3, 1997. Technical Corrections to Packet Community Development Manager Walgren informed the Commission that there was one correction to agenda item 5. Page 6 was missing from the packet and was distributed tonight. 1. SD -96 -005, UP -96 -004 & V -97 -003 - EITZEN, END OF OLD OAK WAY OFF PIERCE RD.; Request for Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four individual Planning Commission Minutes 7/9/97 Page 2 lots of 5.6, 3.1, 2.6 and 2.2 net acres. Approximately 17 acres would be dedicated as open space. Use Permit approval is requested to allow the four lots to be clustered together, thus allowing the open space dedication. Variance approval is also requested to allow a potential future Lot 3 structure to be located on a City identified Major Ridgeline - more restrictive building height limits are applied to ridgeline lots. The property is located within a Hillside Residential (HR) zoning district. (Tentative Map, Use Permit and Variance requests have been withdrawn by applicants.) -------------------------------------------------------- - - - - -- Community Development Manager Walgren informed the Commission that no action was required on this item as it has been withdrawn. PUBLIC HEARINGS 1. SD -96 -010 - SILICON VALLEY LT, INC., 12019 -12029 SARATOGA- SUNNYVALE RD. (BLUE HILLS SHOPPING CENTER);h Request for Tentative Parcel Map approval to subdivide a 2.4 acre commercial parcel, developed with two independent commercial /office buildings, into two separate lots. The two buildings would then be on individual parcels and could be independently owned and managed. The property is located in a Commercial - Neighborhood zoning district. --------------------------------------------------------- - - - - -- Community Development Manager Walgren presented the staff report. He explained that the property was going to be split into two parcels and noted that the only issue of concern might have been the parking. However, the two separate owners have agreed to shared parking. Chairwoman Patrick opened the public hearing at 7:37 p.m. Tom Bensinger, representing Silicon Valley Lt., Inc., concurred with Community Development Manager Walgren's report. COMMISSIONERS PIERCE /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:47 P.M. The Commission briefly discussed parking concerns and came to the conclusion that the issue was resolved. Commissioners Kaplan and Patrick discussed controlling parking under the trees. COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE RESOLUTION SD -96- 010. THE MOTION CARRIED 5 -0 (COMMISSIONERS ABSHIRE AND SIEGFRIED ABSENT.) Planning Commission Minutes 7/9/97 Page 3 3. DR -97 -033 - LIN, 12177 MARILLA DR.; Request for Design Review approval to construct a 622 sq. ft. second story addition to an existing 2,546 sq. ft. residence pursuant to Chapter 15 of the City Code. The parcel is 10,030 sq. ft. and is located in an R -1- 10,000 zoning district. -------------------------------------------------------- - - - - -- Community Development Manager Walgren presented the staff report. Staff recommended approval of the project as design review findings can be made to support it. Chairwoman Patrick opened the public hearing at 7:48 p.m. The architect for the project stated that he submitted a report to staff addressing the neighbors' concerns. Neighbors, Penny and Bob Gotch, expressed their concerns regarding the noise and second story blocking their view. Kathy Hartman, the neighbor across the street, stated that her only concern was that the project blended in with the rest of the neighborhood. After reviewing the plans, she did not object. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7 :55 P.M. The Commission concurred that the design would be compatible with the neighborhood and were pleased with the angle of the house. Commissioner Kaplan commented that the noise, being from the freeway, was out of their control. COMMISSIONERS PIERCE /BERNALD MOVED TO APPROVE RESOLUTION DR -97 -03,3. THE MOTION CARRIED 5 -0 (COMMISSIONERS ABSHIRE AND SIEGFRIED ABSENT.) 4. DR -97 -035 - KATZ, 19854 SEAGULL WAY; Request for Design Review approval to construct a 518 sq. ft. first story and a 633 sq. ft. second story to an existing single story residence pursuant to Chapter 15 of the City Code. The parcel is 11,700 sq. ft. and is located in an R -1- 12.500 zoning district. Community Development Manager Walgren presented the staff report. Staff recommended approval of the project as staff could make the findings for the design review subject to the conditions of the Resolution. Chairwoman Patrick opened the public hearing at 8:03 p.m. Planning Commission Minutes 7/9/97 Page 4 Ed Katz, owner, spoke to the Commission asking for support of his project. COMMISSIONERS MURAKAMI /BERNALD, KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:06 P.M. Commissioners Murakami and Pierce stated they approved of the project. Commissioners Patrick, Bernald and Kaplan felt they could not support the project as it was not compatible with the neighborhood. COMMISSIONER MURAKAMI /PIERCE MOVED TO APPROVE DR -97 -035. THE MOTION FAILED 3 -2 (BERNALD, KAPLAN, PATRICK OPPOSED). Commissioner Pierce /Kaplan moved to reopen the public hearing at 8:15 p.m. BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO AUGUST 13, 1997, TO ALLOW THE APPLICANTS TO ADDRESS DESIGN CONCERNS. 5. DR -97 -024 - WANG, 18731 DUNDEE AVENUE; Request for Design Review approval to construct a new 3,005 sq. ft. two -story home with a 566 sq. ft. basement. The project includes demolition of an existing home on the property. The site is 9,870 sq. ft. in size, and is i.n the R- 1- 10,000 zoning district. Community Development Manager Walgren presented the staff report. He stated that staff could recommend approval of the project subject to redesign of the east and north elevations with more articulation between the first and second floor. Chairwoman Patrick opened the public hearing at 8:20 p.m. Mr. Wang, the owner, stated that he would have no problems making the changes recommended by staff. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. After some discussion, the Commissions' consensus was that they would have to deny the project as proposed. They asked the applicant if he would like the Commission to vote on the project tonight or have it continued to a later date in order to submit the redesign. The applicant stated that he would like the project continued. COMMISSIONERS PIERCE /BERNALD MOVED TO REOPEN THE PUBLIC HEARING AT 8:35 P.M. Planning Commission Minutes 7/9/97 Page 5 BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO AUGUST 13, 1997 TO ALLOW THE APPLICANT TO SUBMIT REVISED PLANS. DIRECTOR ITEMS 1. Update of Mellowood Dr. Design Review (Metzlers) Community Development Manager Walgren informed the Commission that the City Council upheld their approval of the Metzler project on Mellowood Drive. He also advised the Commission of the upcoming joint City Council /Planning Commission meeting on Tuesday., August 12. Commissioners were asked to submit input for the agenda at the meeting of July 23, 1997. COMMISSION ITEMS Commissioner Bernald stated that the Library Task Force would have a brainstorming session at 5:00 p.m. on July 17th. She invited the Commissioners to attend. She also said that on July 24th from 9 :00 a.m. to 4:00 p.m., the Committee would be having interviews with architects for the project. Written 1. City Council Minutes dated 6%18/97 2. Notices for 7/23/97 Planning Commission ADJOURNMENT - There being no further business, the meeting was adjourned at 8:45 p.m. to 7:30 p.m., Wednesday, July 23, 1997, Civic Theater, 13777 Fruitvale Ave., Saratoga, CA Respectfully submitted, Marlene Tate 1 PLANNING COMMISSION MINUTES - JUNE 25, 1997 City Council Chambers; 13777 Fruitvale Avenue Regular Meeting Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Interim Planning Director Walgren PLEDGE OF ALLEGIANCE Minutes - 6/11/97 COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE THE JUNE 25, 1997 MINUTES CORRECTING COMMISSIONER BERNALD'S NAME (PAGE 5, LAST PARAGRAPH). THE MOTION CARRIED 6 -0 -1 WITH COMMISSIONER KAPLAN ABSTAINING. No comments were offered. ReFort of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 20, 1997. Technical Corrections to Packet Interim Planning Director Walgren noted one correction to agenda Item 3, page 3, under the Staff Analysis section, required setback (the setbacks indicated are doubled of what is actual proposed). CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR UP -97 -004 - STARBUCKS COFFEE CO., 12850 SARATOGA - SUNNYVALE RD.; Request for Use Permit approval to allow a new restaurant/coffee shop in an existing 1,169 square foot tenant space, currently occupied by a travel agency, in the Argonaut Shopping Center. Twenty-four seats are proposed inside, and 14 seats outside. The proposal includes new signage. The property is located in a Commercial- Neighborhood zoning district. (Applicants have requested a continuance to the 7/23/97 public hearing PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 2 - meeting. City review deadline is 12/16/97.) COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 7 -0. Interim Planning Director Walgren indicated that correspondence was received from Mr. and Mrs. Traxler and Mr. Romeo opposing the Starbucks Coffee Company request. PUBLIC HEARINGS 2. DR -97 -022 - GREATER BAY CONSTRUCTION, 12308 - 12339 KOSICH PLACE; Request for Design Review to construct seven one -story, and five two -story residences, ranging in size from 3,277 sq. ft. to 3,996 sq. ft. pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the Planning Commission on September 25, 1996. The lots range in size from 10,005 sq. ft. to 16,257 sq. ft. All properties are located in the R- 1- 10,000 zoning district. (Continued from 5/28/97 to revise plans to incorporate wood siding and other architectural treatments to improve compatibility with existing homes; City review deadline is 9/7/97.) ------------------------------------------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. He informed the Commission that all changes requested at the May 28, 1997 meeting have been incorporated by the applicant. Therefore, staff recommended approval of the 12 homes. Chairwoman Patrick opened the public hearing at 7:39 p.m. Marty Oakley, project designer, apologized for not being present at the May 28, 1997 meeting as he was on vacation. Since the May 28 meeting, he has met with staff and addressed the concerns expressed at the meeting. He addressed the architectural and roof line changes made to lot 8. He said that the elevations incorporate mixed stucco and wood siding. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CLOSE THE. PUBLIC HEARING AT 7 :41 p.m. Commissioner Abshire felt that the proposal is a well -laid out plan but felt that the homes were too large for the lot (too much land being covered by buildings). Commissioner Pierce said that he was not satisfied with the design and finds that lot 8 would be a visible home. Commissioner Siegfried agreed that the homes were large but noted that the lots were good sized lots. Commissioner Bernald felt that this is an over built area. However, she could not make findings to oppose the request. She appreciated the applicant's willingness to redesign the project and eliminate the bulk of the building with the use of wood siding. The combination of brick and the PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 3 - wood siding also helps to break up the massive window. She appreciated the fact that the heights of the windows were reduced and that two different types of stonework would be used to provide a more appealing affect. Commissioner Murakami noted that lot 8 was oddly shaped. He said that the drawings do not depict the details of the architectural design and felt that the house conforms to the lot. He said that he has mixed feelings about the design but that he could not make the findings to deny the request. Commissioner Kaplan agreed that the designs were too busy for the area. She asked if one fireplace could be plumbed for gas? Mr. Oakley agreed to plumb one fire place in each home for gas. Commissioner Kaplane recommended that when an applicant voluntarily agrees to a request, that it be included as a condition of approval. Chairwoman Patrick said that lot 8, plan F is distanced from the street and that it is setback and landscaped adequately. She would support the request as changes have been made to support the proposal. Commissioner Abshire said that each home, taken alone, would be acceptable but that clustering them together would make the area appear massive as the homes are too big for the area. Chairwoman Patrick felt that the size of the homes was compatible with the existing homes in the neighborhood and felt that it was already a dense area. Commissioner Kaplan said that older homes near Saratoga Avenue are lower profiled homes and did not believe that the City could require new homes to be designed with lower profiles. She did not believe that the City could deny the request. Commissioner Siegfried felt that the lots were large enough to accommodate the size of the homes being proposed and felt that there was more space between the homes than in most cases. COMMISSIONERS SIEGFRIED /KAPLAN MOVED TO APPR�VE RESOLUTION NO. DR- 97 -022 WITH AN ADDED CONDITION TO REQUIRE THAT ONE OF THE TWO FIREPLACES IN EACH HOME BE PLUMBED FOR GAS. THE MOTION CARRIED 5 -1 -1 WITH COMMISSIONER PIERCE VOTING NO AND COMMISSIONER ABSHIRE ABSTAINING. 3. DR -97 -016 - EMERY, 14780 LIVE OAK LANE; Request for Design Review approval to demolish an existing 2,100 sq. ft. residence and construct a new 5,991 sq. ft. two - story residence pursuant to Chapter 15 of the City Code. The subject property is approximately 43,560 sq. ft. located in a R- 1- 40,000 zoning district. Interim Planning Director Walgren presented the staff report. He said that staff supports the request for a floor area exception as there is a predominance of two story homes in the PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 4 - neighborhood and that the design review findings can be made to support the request. Commissioner Kaplan said that this is the first time that she has seen a home designed as "hi" and that she did not know what it meant. She did not believe that there was a predominance of two story homes in the immediate vicinity. In looking at what was submitted, the applicants defined the height of the roof in their own terms (i.e., a high roof is one that exceeds 18 feet). She took exception to the definition. Interim Planning Director Walgren informed the Commission that the applicant prepared the map referenced by Commissioner Kaplan. Commissioner Bermld asked about the pitch of the roof. Planner Walgren indicated that an 8 and 12 roof pitch are proposed. Chairwoman Patrick opened the public hearing at 7:56 p.m. Scott Emery, applicant, informed the Commission that he approached the design of the home from three key points: the city, the community and the environment. He said that he met with city staff to receive their input on the design of the home. He wanted to make sure that the design fits and enhances the neighborhood. He indicated that he reduced the amount of impervious coverage in the design, the fireplaces are to be plumbed for gas, and that all of the home's systems have been designed for energy efficiency. Laurie Emery, applicant, addressed her discussions with Barry Coate, City arborist, to obtain his comments on the valuation, care and protection of the trees located on site. Taking his comments into consideration resulted in the siting and the design of the home on the lot to protect as many trees and root systems as possible. She identified the trees recommended for removal. Jim Campbell, project architect, informed the Commission that he would answer any questions which it may have. Windy Lee, 14788 Live Oak Lane, informed the Commission that she resides northeast of the parcel under discussion. She said that she did not oppose the construction of a two -story home but requested that privacy trees be planted. Mrs. Emery said that many trees would be retained around the entire property to protect the neighbor's privacy. She did not believe that Ms. Lee's privacy would be invaded as no windows are proposed to face her property. She clarified that three fireplaces are going to be plumbed for gas and that two would be strictly gas burning. She said that the dormer windows are to be nonfunctional shuttered windows and are proposed to break up the roofline. Commissioner Kaplan asked why 900 cubic yards of cut is required? Mr. Emery responded that grading is occurring to level the property and to achieve proper drainage. PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 5 - Interim Planning Director Walgren clarified that 400 cubic yards of fill is proposed to accommodate the home and 500 cubic yards is proposed to accommodate a backyard. Commissioner Siegfried asked if the area that includes the dormer windows were included in the calculation? Interim Planning Director Walgren said that the area was excluded and that the plans need to indicate that the area is not accessible nor habitable COMMISSIONERS PIERCE / MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 p.m. Interim Planning Director Walgren redefined the neighborhood for the purpose of establishing a two story predominance. He included the first row of homes located along Farwell and one row of homes the length of Live Oak Lane. He felt that several two story homes are located along the two streets. Commissioner Kaplan did not believe that the immediate area is surrounded by two story homes. Given the design of the home, she felt that it would fit in with the neighborhood. Commissioner Murakami said that he did not have a problem with a two -story home in this neighborhood based on the lot and what is being proposed. In looking at the second floor, it is not large in terms of square footage. He felt that the home was reasonably designed. He did not object to the removal of non native species trees. He felt that the grading proposed was reasonable to make the home fit the lot. However, he expressed concern with the driveway and the use of impervious material. Commissioner Bernald commended the applicant for pre consulting the city arborist. She said that she did not have a problem with the second story as some of it is uninhabitable. She expressed concern with the impervious driveway and recommended that additional previous areas be included. She commended the applicant on the design and felt that it would fit in with the neighborhood. Commissioner Siegfried felt that the homes in the area satisfy the two story requirement. He felt that the home was nicely designed and appreciated the fact that the applicant worked with the city arborist. Commissioner Pierce concurred with the comments expressed by his fellow Commissioners, and felt that the design was an appropriate one and that it would fit nicely in the neighborhood. Chairwoman Patrick concurred with the comments as stated but expressed concern with the impervious coverage proposed and with the trees' protection. She recommended that as much previous material as possible be used. COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -97 -016. THE MOTION CARRIED UNANIMOUSLY (7 -0). PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 6 - Commissioner Siegfried recommended that the applicant work with staff to address the concerns expressed regarding impervious /pervious coverage. DIRECTOR ITEMS Interim Planning Director Walgren informed the Commission of the following: The City Council approved the budget, including the reorganization and downsizing of the City. The plan is to be implemented July 1. He has been appointed as the Community Development Manager, noting that 1.5 positions have been eliminated (advanced Planning position and one assistant planning position has been reduced to half time) and the Minutes Clerk position. He asked if the Commission wished to cancel its second meeting in August? BY CONSENSUS, THE COMMISSION AGREED TO CANCEL ITS SECOND MEETING IN AUGUST. Commissioner Bernald informed her fellow Commissioners that the Library Commission met on June 23, noting that interviews for architects are scheduled for July and that funding for the library is to be a bond measure. Commissioner Kaplan asked if there was a follow -up to the air pollution meeting and the preparation of an ordinance? Interim Planning Director Walgren said that there will be a follow - up meeting. Staff will be preparing several minor code amendments to be considered by the Planning Commission in August. Many amendments are the result of reorganization and streamlining of the ordinance. This will allow the inclusion of other code amendments. Staff will look at model ordinances adopted by other jurisdictions. Commissioner Kaplan asked if City codes have been updated as she did not recollect receiving updates? It was indicated that supplemental inserts are routinely distributed to the Commission. Commissioner Siegfried inquired as to the status of the Safeway Store. Interim Planning Director Walgren informed the Commission that plans have been submitted for plan check and that it is close to being permitted. He anticipated that permits would be made available mid- summer for construction. W. PLANNING COMMISSION MINUTES JUNE 25, 1997 PAGE - 7 - Written City Council Minutes dated 6/4/97 & 6/10/97 2. Notices for 7/9/97 Planning Commission ADJOURNMENT - There being no further business, the meeting adjourned at 8:16 p.m. to 7:30 p.m. Wednesday, July 9, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT \PCO62597.SAR _ JANNING COMMISSION MINUTE. . JUNE 11, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Murakami, Patrick, Pierce, Siegfried Late: None Absent: Kaplan Staff: Interim Planning Director Walgren Minutes - 5/28/97 COMMISSIONERS PIERCE /BERNALD MOVED TO APPROVE THE MAY 28, 1997 MINUTES WITH THE FOLLOWING MODIFICATION: Page 7, paragraph 1 amended to read: "Chairwoman Patrick supported the use of basements. However, she noted that -Q this basement is above ground. THE MOTION CARRIED 6 -0 WITH COMMISSIONER KAPLAN ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 6, 1997. Technical Corrections to Packet Interim Planning Director Walgren informed the Commission that there was one correction to agenda item 1, page 7. The last paragraph should be corrected to read June 11, 1997 as the approval date. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -011 - CHAPMAN, 20238 HILL AVENUE; Request for Design Review approval to construct a new 6,059 sq. ft. two -story structure and a request for an exception from the floor area reduction requirement for structures in excess of eighteen •e PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 2 - feet in height on a 43,691 square foot parcel pursuant to Chapter 15 of the City Code. The property is located in a R- 1- 40,000 zoning district (cont. from 5/28/97 to revise plans to reduce tree removal; City review deadline is 11/7/97). Interim Planning Director Walgren presented the staff report. He informed the Commission that the applicant has submitted landscape plan which indicates the pervious /impervious material and decorative paver treatment to be used. He noted that all of the city arborist's comments have been incorporated in the grading and drainage plans and that it clarifies which trees are to be retained or removed, complying with the tree protection measures requested by the Planning Commission. He indicated that the applicant has chosen not to shift the house to the east and that it has not been reduced in square footage. However, the pool located to the rear of the home has been shifted. He said that staff recommends approval of the modifications subject to the conditions contained in the resolution. Chairwoman Patrick opened the public hearing at 7:38 p.m. Walter Chapman, project designer, stated that efforts have been made to address the arborist's concerns. He said that shifting the home would impact additional trees. He provided the Commission with a new table listing the trees to be impacted. He noted that only 8 of the 40 trees on site are to be affected and that only 2 of the 18 oak trees are to be affected by the project. The other six trees to be removed are either bay trees, laurel trees, or pine trees and are not considered prime value by the arborist. He said that 8 oak trees are to be planted. The house is sited behind two oak groves because it is an area that would be the least impact to the oak trees. He said that the required front setback is 57 feet and that the project proposes a 76 -foot setback. The greater setback would reduce the home's impact from the street because it would be screened by the two oak groves. John Aldrich, landscape architect, addressed the landscaping and pervious coverage of the site. He said that the total surface, including the swimming pool, pool deck, and patio driveway, is proposed at 10,474 square feet. He said that interlocking pavers would be used along the driveway that is partially permeable and that it would reduce the impact to the roots of the existing trees. COMMISSIONERS MURAKAMI /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. Commissioner Abshire stated his support of the design as presented as it was a well -laid out plan and noted that compromises were made. Commissioner Pierce stated his support of the request as the home appears to be sited well among the trees and minimizes the loss of trees. Commissioner Siegfried also supported the request. He said that the map presented at the last meeting convinced him that the home is surrounded be two story homes. PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 3 - Commissioner Bernald said that she would have preferred to see a smaller home designed that would have saved the trees. She noted that the homes in the area are large and that after the site visit, she noticed that a number of trees would be retained. Therefore, she would support the request. Commissioner Murakami felt that the home was too large and understood that it would be difficult to save all the trees located on the lot. Therefore, he would support the request. Chairwoman Patrick stated that she would not support the request as too much pavement is being proposed and its impact to the trees. She also felt that there was too much coverage proposed on the lot. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO APPROVE RESOLUTION DR. 97- 011 PER STAFF'S RECOMMENDATION. THE MOTION CARRIED 5 -1 WITH CHAIRWOMAN PATRICK VOTING NO AND COMMISSIONER KAPLAN ABSENT. 2. DR -97 -023, V -97 -006 - YEAMANS, 14280 ELVA AVENUE; Request for Design Review approval to construct a new 972 sq. ft. second story to an existing 1,877 sq. ft. one -story residence. The project includes a Variance to permit an existing one -car garage to remain where a two -car garage is required: The property is 7,500 sq. ft. and is located in the R- 1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He said that it was staff's belief that a special circumstance exists to support the variance request in that the alternative would be to significantly demolish the existing home to provide a two -car garage. He informed the Commission that comments have been received from adjacent property owners to the south. Correspondence has been attached to the report and that photographs have been distributed to the Commission this evening. Staff recommends that the south elevation deck be modified to provide a walkway that would connect the bedroom doors via a stairway down to the grade below, eliminating the large seating area. Staff also recommended that the windows along the south elevation be eliminated or modified to provide for obscure windows. He indicated that a petition was submitted this evening signed by approximately 12 property owners expressing concern and opposition to the variance request of the one car garage. Commissioner Siegfried asked how the public hearing notes dated June 11, 1997 corresponded with staff's recommendation? Planner Walgren identified the adjacent property owners requested modifications (i.e., elimination of the north section of the walkway, providing a small walkway outside the master bedroom; and eliminates the staircase and glass doors that would open onto bedroom number 5). Staff recommends that the staircase be retained if the balcony is redesigned. Chairwoman Patrick opened the public hearing at 7:56 p.m. PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 4 - Viole Mahan, project architect, addressed the deck located on the south side of the home. She referred to the redesign submitted to address the neighbors' concerns. She said that it is proposed to fully enclose the deck. She referred to page 2 of the design that shows that the stairs lead up to a deck. She did not believe that individuals using the deck would be able to view the neighbor's rooms, providing complete privacy. She said that she intends to comply with staff's recommendation to address the neighbor's concerns. She noted that the side setback requirement is six feet and that a 22 -foot sideyard is proposed. Regarding the issue of parking, she said that the property owner would not have proceeded with the project if it meant destroying the existing home. She said that no changes are proposed to the first floor. She was pleased to see that staff supported the retention of the one car garage and that the findings for the variance could be made. She requested that a four -foot plastic protection fence around the trees be allowed instead of staff's recommended five foot chain link fence. The arborist has recommended that two trees be removed or as an alternative, that the trees be pruned. She requested that she be allowed to retain the two trees and that the applicant would agree to prune the trees to maintain privacy. Commissioner Abshire asked if the applicant considered a design that would include a two -car garage? Ms. Mahan responded that she did not consider a two -car garage as part of a submittal package. Commissioner Murakami asked if the applicant shared the plans for the addition with the neighbors? Robin Yeamans, property owner, informed the Commission that she mentioned to her neighbors that she was proposing to add a second story. However, she was not aware that she was supposed to share the blueprints of the proposed addition with the neighbors. She furnished the Commission with pictures that suggest that a view of the neighbors' home does not exist. If a two -car garage is included, it would not allow the structure to remain as it exists today as it would eliminate the dining room and the kitchen area. She said that she is not proposing five bedrooms as one bedroom would be lost to an interior stairway and would be used as a large storage area or pantry (increase from three to four bedrooms). Commissioner Siegfried asked if a tandem garage was considered as part of the addition? Ms. Mahan said that the request was predicated on retaining a one car garage. Interim Planning Director Walgren clarified that staff could not give assurance that a variance would be approved. He indicated that a tandem garage was considered by the staff planner but that it would result in the encroachment of 15 feet into the required 25 foot front setback and that it would result in the elimination of four to five feet of the existing kitchen. Ben Bauer, 14288 Elva Avenue, informed the Commission that he resides adjacent to the property under question. He said that this proposal would impact his privacy. He did not support a one car garage as a four to five bedroom home is being proposed. He said that the photographs provided by Ms. Yeamans were taken in the evening and that they did not truly reflect the privacy concern. He referred to the marked up plans he submitted as a compromise. The recommended modifications include the following: 1) removal of the south facing door with the PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 5 - replacement of obscured windows; and 2) removal of the steps to allow a west facing walkway or balcony of no more than four feet in width. If the walkway is approved, it would allow additional foot traffic, compromising privacy. Had the applicant furnished the neighbors with the plans before submitting them to the city, the neighbors could have worked with the applicant. He requested that the requested changes be incorporated in the approval. Lois Svalya, 14277 Elva Avenue, informed the Commission that she resides directly across the street from this proposal. She said that she did not know that an addition was being contemplated until she received the public notification. She addressed the 12 signatures contained in the petition expressing concern with the addition. She said that she did not oppose expansions or improvements but that she did not believe that bigger is always better. She addressed traffic safety. She said that Elva Avenue is a heavily used street and that it is a walkway for children, joggers, and bicyclists. It is a narrow street and has inherent parking problems. If the addition is allowed without provisions for additional parking, it will impact the existing parking problems. She said that the applicant has three cars parked in front of her residence. If the second story addition is added, it would more than likely require additional parking. She felt that the single car parking should have been addressed with previous additions. She did not believe that the proposed changes were compatible to the existing neighborhood and could not be justified. She felt that enclosure of the deck would create another unit. She felt that there are deep seeded concerns by the neighbors that a duplex unit is being proposed in a single family neighborhood. Ms. Yeamans said that a parking problem exists because the Svalyas have a steep slope in front of their area that does not accommodate parking. She said that she has a concrete pad on her site that is used for parking. The addition would allow her to store the items within the addition that are currently being stored in the garage. This would allow her to park her car in the garage. If there is a parking problem, she did not believe that she created it as she only has two cars. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:23 P.M. Commissioner Murakami said that at looking at the property, it appeared to be simple request. He said that the petition lists a concern of devaluation of property values. He said that the Commission could not consider impacts on property values in its review of the application. He agreed with Mr. Bauer that the window issue should address privacy. It was his belief that the balcony was unnecessary in the front as most designs site balconies to the rear. He said that he was not opposed to two story homes but felt that there was room for improvement. Therefore, he could not support the request. Commissioner Bernard concurred with the comments as expressed by Commissioner Murakami. She said that the petition raises concerns. She noted that the homes improved in the vicinity provide two car garages. Therefore, she could not support the variance request. She agreed that parking is difficult on the street. She said that she would not like to see garages sited in front and that she would support their location to the rear. She felt that the Bauers have a right to request that the balcony and the stairway not infringe on their privacy. She did not find that the PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 6 - home design was compatible with the existing homes and expressed concern with the stairway. Therefore, she could not support the request. Commissioner Siegfried concurred with the comments expressed by his fellow Commissioners. He did not understand the need for a stairway facing the neighbors to the south. He felt that there was room to redesign the addition to make it an attractive one and to address privacy concerns. He said that when the City reviewed remodels for this area, the City tried to achieve two car garages. Commissioner Pierce said that he could not support the variance nor the design request as a four - bedroom home requires a two -car garage. He did not support the use of a staircase. Also of concern was the traffic impact on Elva Avenue. He did not believe that the diagram provided suggests a predominance of two story homes in the neighborhood. Commissioner Abshire stated that based on the concerns expressed by the neighbors, he could not support the variance. He felt that a two -car garage was needed and that the addition could be done in another way that does not require a variance. Chairwoman Patrick asked if the applicant would like to have the public hearing reopened to continue the project for redesign? Ms. Mahan said that she did not need to have the public hearing reopened as she would need to consult with her client. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO DENY V -97 -006. THE MOTION CARRIED 6 -0 (COMMISSIONER KAPLAN ABSENT)'. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO DENY DR -97 -023. THE MOTION CARRIED 6 -0 (COMMISSIONER KAPLAN ABSENT). 3. DR -97 -020 - SLAVIN, 13033 MONTROSE STREET; Request for Design Review approval to construct a new 3,729 sq. ft. two -story home in place of a 1,441 sq. ft. one - story residence that was destroyed by fire. The property is 14,330 sq. ft. and is located in the R -1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He informed the Commission that this is the third design that has been submitted, to staff. Staff could not support the first two submittals as staff could not make the necessary findings in terms of architectural compatibility to support them. He said that staff could support this design. Chairwoman Patrick opened the public hearing at 8:31 p.m. David Huboi, project architect, addressed the design of the first two submittals. He said that he appreciated working with staff to enhance the design. He addressed the north elevation and stated that only two windows and one stairwell are proposed. The south elevation proposes one bathroom window. He did not believe that there would be privacy impacts to adjacent properties. PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 7 - He addressed the location of the garage and indicated that a grey asphalt shingle roof is proposed. Commissioner Bernald asked if two fireplaces are proposed? If so, she requested that at least one fireplace be plumbed for gas. Mr. Slavin, property owner, agreed to plumb one fireplace for gas. COMMISSIONERS PIERCE / MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:38 P.M. Commissioner Murakami commended the applicant and the architect for working with staff. He stated that he liked the design and that he could support it. Commissioner Bernald stated her appreciation that the garage was designed to the rear as doing so adds appeal to the front area. COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE RESOLUTION DR. 97 -020. THE MOTION CARRIED 6 -0 WITH COMMISSIONER KAPLAN ABSENT. 4. DR -97 -025 - SHEPARD; 21801 MOUNT EDEN ROAD; Request for Design Review approval to construct a 1,977 sq. ft. one and two story addition to an existing 2,911 sq. ft. one -story residence. The subject property is approximately 1 acre located within the Hillside Residential Zoning District. Interim Planning Director Walgren presented the staff report. Staff recommended approval of the project as design review findings can be made to support it. Chairwoman Patrick opened the public hearing at 8 :40 p.m. Alex Lesetar, project architect, furnished staff with a set of landscape plans as requested. Pam Shepard, applicant, indicated that the existing home is at 2,900 square feet and that a 1,977 square foot addition is proposed. She informed the Commission that the garage is proposed to be sited to the rear. Commissioner Bernald asked if Ms. Shepard would agree to plumb the fireplaces for gas? Ms. Shepard agreed to plumb the fireplaces for gas. COMMISSIONERS PIERCE / MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:42 P.M. Commissioner Abshire said that he found the design to be compatible with the neighborhood and therefore could support its design. PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 8 - Commissioner Pierce felt that the plans suggest that the proposal would be a good addition and that he could support its design. Commissioner Siegfried said that he could support the addition and felt that the landscape plan would enhance the front area of the home. Commissioners Bernald and Murakami agreed with the comments expressed by their fellow Commissioners and stated that they could support its design. COMMISSIONERS BERNALD /MURAKAMI MOVED TO APPROVE RESOLUTION DR. 97 -025 PER STAFF'S RECOMMENDATION REGARDING THE COLORS. THE MOTION CARRIED 6 -0 WITH COMMISSIONER KAPLAN ABSENT. 5. UP -97 -003 - WORDEN (BP GAS STATION), 14395 BIG BASIN WAY; Request for Use Permit approval to expand an existing mini -mart by converting an existing automobile service and repair facility into a retail space pursuant to Chapter 15 of the City Code. The property is located in the CH -1 zoning district. Interim Planning Director Walgren presented the staff report. Staff finds that the request is consistent with the Village Plan and the zoning regulations for the district. Therefore, staff recommended approval subject to the conditions contained in the resolution. Should the applicant wish to apply for an ABC license, it would be subject to a modification of the use permit. He indicated that the applicant does not propose to modify any of the existing signs. He said that it is anticipated that snacks would- be consumed off premises and that he was not aware if there were plans to have tables and chairs located outdoors adjacent to the mini mart. Chairwoman Patrick opened the public hearing at 8:47 p.m. Michael Faulk, project engineer, stated that the design was a standard design. He said that ample parking is provided on site. Dennis Cunningham, 14407 Big Basin, adjacent property owner, stated his support of the mini mart because it would improve the ingress /egress problems and that it would be an improvement to the area. He recommended that the area behind the gas station be made into a parking stall. He recommended that the dumpster be enclosed for aesthetic reasons. He felt that this application provided an opportunity to address traffic congestion. He stated that he supports the mini mart subject to minor modifications. Commissioner Abshire asked where one would be able to have their cars services? Rick Ratra, manager of the BP Gas Station, said that the Shell and Chevron Stations would be able to provide vehicle maintenance /repair. PLANNING COMMISSION MINUTES JUNE 11, 1997 PAGE - 9 - Otto Crawford, 12471 Green Meadow Lane, supported the comments as expressed by Mr. Cunningham. He expressed concern with egress /ingress as an existing easement exists off Saratoga- Sunnyvale Road that would go through the gas station into Parking District 3. He expressed concern that individuals would be using this easement. He said that staff could not find the ingress /egress easement on the map. He recommended that the ingress /egress area be striped to address traffic congestion. Commissioner Pierce said that a title report would indicate any recorded easement. Interim Planning Director Walgren said that city maps indicate that a right -of -way exists along the northwest side of the property. The right -of -way is a public right of way that comes off Big Basin Way, accessing Parking District No. 3. He said that Mr. Crawford is concerned that there is an additional right -of -way that does not appear on the map that comes off Saratoga - Sunnyvale Road. While the access is still being maintained, he recommended that prior to the issuance of tenant improvement permits, that a title report be submitted by the property. If it is found that a right -of -way exists, that it is not obstructed by the new perpendicular parking spaces. He said that any parking limits would be subject to the property owner as they are private parking spaces and that it is not a part of the Parking District. He agreed that the trash receptacles should be enclosed and recommended that a condition be added that stipulates that this use permit supersedes the 1972 use permit. Mr. Faulk said that he would agree to enclose the trash receptacle. He said that the propane tank would remain on site. COMMISSIONERS MURAKAMI /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:59 P.M. Commissioner Murakami stated his support of the request. He also stated that he appreciated the concerns expressed by the adjacent neighbors. Commissioner Pierce expressed concern that the City is loosing a place to service cars but acknowledged that the City was not in a position to tell a property owner to remain open if it is not economically feasible to do so. He said that he could support the request. Commissioner Abshire supported the application and said that he was sorry to see the vehicle service portion of the business eliminated. Chairwoman Patrick said that she was glad to see that the propane tank is to remain as it meets a need of the community. COMMISSIONERS SIEGFRIED /PIERCE MOVED TO APPROVE RESOLUTION UP -97 -003 WITH THE ADDITION OF THE FOLLOWING CONDITIONS: 1) TRASH RECEPTACLE TO BE ENCLOSED; 2) THIS USE PERMIT SUPERSEDES THE 1972 USE PERMIT; AND 3) THE SUBMITTAL OF A TITLE REPORT TO STAFF PRIOR TO THE ISSUANCE OF PLANNING COMMISSION MINUTES NNE 11, 1997 PAGE - 1.0 - TENANT IMPROVEMENT PERMIT TO VERIFY THE LOCATION OF THE EASEMENT. THE MOTION CARRIED 6 -0 WITH COMMISSIONER KAPLAN ABSENT. DIRECTOR ITEMS 1. Wong, 21252 Chadwick Ct. - Deck Redesign Interim Planning Director Walgren presented the staff report. He said that this item was before the Planning Commission to inform it that staff is prepared to administratively approve the request, noting that a portion of the left side of the deck is still more than five feet above grade. He said that there is an added benefit in providing a horizontal line at the finished floor level of the building to provide horizontal articulation to what otherwise would be a very large, expanse blank wall, BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S APPROVAL. COMMISSION ITEMS Commissioner Bernald indicated that she and Commissioner Murakami attended the recently held Library Commission meeting. COMMUNICATIONS 1. City Council Minutes dated 5/21 & 5/27/97 2. Notices for 6/25/97 Planning Commission ADJOURNMENT - There being no further business, the meeting adjourned at 9:09 p.m. to 7:30 p.m. Wednesday, June 25, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT \PCO61197.SAR i.ANNING COMMISSION MINUTL_ MAY 28, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting --------------------------------------------------------------------------- Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Interim Planning Director Walgren Min - 5/14/97 COMMISSIONERS KAPLAN /MURAKAMI MOVED TO APPROVE THE MAY 14, 1997 MINUTES CORRECTING MINOR TYPOS AND CORRECTING PAGE 11, LINE 4 TO READ: "...57 are valley oaks. She said that it would take fifty years to x� establish a riparian habitat ... She stated that she was prepared to vote this evening and that it would be a vote that would not be appreciated Y a. THE MOTION CARRIED UNANIMOUSLY (7 -0). Oral Communications Paula Pambianko, 20541 Wardell Road, addressed the home that is being built at 12528 Spring Blossom Court. She expressed concern that the foundation is being placed close to existing trees. She did not believe that the home was sited as approved nor the home being constructed per approved plans. She said that site plans have not been made available for review and that the neighbors were told that the site plans would be made available tomorrow. She informed the Commission that the property owner removed existing trees and landscape screen, resulting in an argument between her husband and the property owner. She requested that a stop work order be placed on construction to allow investigation and review of the approved plans. Also to be investigated are the trees that were cut and the trespassing that occurred to remove the fence separating the two properties. Mark Ryan, 20563 Wardell Court, submitted a summary of his remarks for the Commission's review. He said that a plot map was submitted and approved by the Planning Commission. The plot map showed a 13 -foot separation from the fence. A resurvey of the property suggests that there is a three -foot separation. It appears that a larger home is being built than was approved. He said that there is a code requirement that stipulates an eight -foot setback of structures from existing trees. He requested that the Commission stop the project and require that a new site plan be submitted that shows the location of the trees in relationship to the structures. PLANNING COMMISSIGnv MINUTES MAY 28, 1997 PAGE - 2 - Sarath Vidanage, property owner, said that a tree located on his property was removed because it was dead and that he left a portion of the trunk in place to verify that the tree is dead. He said that he was required to install a fence around the perimeter of the property, noting that there is confusion regarding the property line. He stated that the Building Department has verified all parameters and verified building setbacks. He addressed the condition of the pine trees by stating that they were dead or diseased for the past six months and that there was no question that the trees needed to be removed. Chester Peterson, 12641 Saratoga- Sunnyvale Road, expressed concern with the removal of the apple and pine trees. He informed the Commission that he reported the removal of the trees to his landlord and the Building Department. Interim Planning Director Walgren stated that city staff was aware of the situation. He said that the trees removed were not ordinance protected trees (size- wise). This is a civil matter versus a zoning violation. He said that a tree was found to be six feet closer to the building foundation but that it was not of specimen sized tree. He informed the Planning Commission that the City arborist would be investigating the condition of the trees. If the trees are found to be diseased, replacement trees will be required. If the trees were damaged due to removal or construction, staff would require mitigations. Commissioner Kaplan felt that improperly plotted plans invalidates the applicant's approval. Interim Planning Director Walgren informed the Commission that staff stopped further construction of the project to investigate the situation. He said that the trees were not shown correctly on the plans submitted and that the City arborist will further investigate this issue. Commissioner Kaplan stated that if it is verified that the trees are in poor condition, this may be the opportunity to require replacement trees. Commissioner Murakami felt that the owner should have consulted the adjacent property owner before cutting overhanging branches. Commissioner Siegfried recommended that the project be stopped if the applicant did not meet tree setback requirements. Interim Planning Director Walgren recommended that staff be directed to return with a tree plotted map as a director's item for the next agenda. Chairwoman Patrick recommended the planting of trees be required to mitigate the mistake of plotting the trees and that an arborist report be submitted. Commissioner Kaplan recommended that the applicant meet with the neighbors to keep them appraised on his actions. PLANNING COMMISSIG.,q MINUTES MAY 28, 1997 PAGE - 3 - Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 23, 1997. Technical Corrections to Packet Interim Planning Director Walgren noted one correction to the packet. The correction is to Public Hearing agenda item 3, page 4, the Design Review section. He said that this section correctly describes the colors and material to be used for the home. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR 1. SD -96 -002 & UP -96 -001 - DAOU /CIVITAF CORP., CHIQUITA COURT; Request for Tentative Parcel Map approval to subdivide a 26 acre hillside parcel into five individual lots ranging in size from 1.1 to 3.2 net acres. Approximately 15 acres would be dedicated as open space. Use Permit approval is requested to allow the lots to be clustered together, thus allowing the open space dedication. Lot 1 is proposed to access off Comer Dr. Lots 2 - 5 would be accessed via an extension of Chiquita Ct. The property is located within a Hillside Residential (HR) zoning district (cont. from 5/14/97 to prepare and adopt denial Resolutions; City review deadline is 1/6/98). COMMISSIONERS PIERCE /KAPLAN MOVED TO REMOVE ITEM ONE FROM THE PUBLIC HEARING CONSENT CALENDAR. Commissioner Kaplan referred to page 3, second bullet, and recommended that the word "avoidably" be replaced with the word " J COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MINUTE ACTION AS AMENDED. THE MOTION CARRIED UNANIMOUSLY (7 -0). 2. DR -97 -008 - METZLER, 12181 MELLOWOOD DR.; Request for Design Review approval to construct a 1,082 sq. ft., one and two -story addition to an existing 1,830 sq. ft. one story home on a 9,750 sq. ft. lot pursuant to Chapter 15 of the city Code. The site is located in an R -1- 10,000 zoning district (coat. from 5/14/97 for applicants to complete revisions; City review deadline is 9/14/97). Interim Planning Director Walgren presented the staff report. He indicated that a letter was submitted this evening from a resident across the street opposed to the addition. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 4 - Chairwoman Patrick asked what siding material would be used? Interim Planning Director Walgren informed the Commission that the siding would be of a stucco painted finish. Chairwoman Patrick opened the public hearing at 8:05 p.m. Leonard Siemer, 12191 Mellowood Drive, spoke on behalf of area residents including Ms. Chang and stated the area residents' opposition to the request. He said that Ms. Chang felt that the second story addition would take away sun light and that it would eliminate her privacy. He said that his family room would reduce sun light by approximately 25 %. He said that it was the neighbors' belief that the design was denied. He informed the Commission that a petition would be circulated should the Planning Commission approve the request. He felt that the size of the lot would accommodate a 2,000 -foot addition without destroying elevations. He said that at least 75 % of the Mellowood Drive residents oppose the request. John Metzler, applicant, stated that he did not believe that this addition would take away sunlight from Mr. Siemer's home. He requested that he be allowed to install either stained glass windows or trees to the rear of the property to address the privacy concern. Stan Field, project architect, stated that he felt that the addition was compatible to that of the neighborhood and that it would not stand out. He informed the Commission that the existing wood siding is to be removed and replaced with stucco. COMMISSIONERS KAPLAN /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Commissioner Kaplan asked who required the installation of the rear row of trees? She stated that the Commission does not recommend the use of plantings for architectural relief. She asked if there was anything wrong with the design that needs to be fixed? Interim Planning Director Walgren responded that there is a gap from the rear property line and the second story addition and that there was a concern with privacy impact. He said that an alternative to planting a row of trees would be to install stained or tinted glass windows. Commissioner Kaplan stated her support of retaining the row of rear trees to minimize the privacy impact. Commissioners Murakami commended the applicant on the design as it was an improvement to the original design submitted. He said that he understood the apprehensions of the neighbors with the construction of a second story addition but felt that it was a reasonably designed addition. He noted that the applicant has met all legal code requirements with the design of the addition. Commissioner Bernald stated her concurrence with Commissioner Murakami's comments. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE -.5 - Commissioner Siegfried stated that the height of the home is proposed at 22.5 feet and that the addition is centered. Therefore, he did not believe that the two story home would have a significant impact to the neighborhood. Commissioner Pierce concurred with the comments as expressed by his fellow Commissioners. He felt that the design is contemporary and that it would fit in with the neighborhood. He also felt that tastefully designed second story additions are reasonable requests. Chairwoman Patrick concurred with the comments as expressed and felt that this was the least obtrusive second story addition she has seen and that she did not believe that the second story addition would shed a shadow. COMMISSIONERS MURAKAMI /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -97 -008 WITH THE STIPULATION THAT A LANDSCAPE PLAN BE SUBMITTED FOR STAFF REVIEW. THE MOTION CARRIED UNANIMOUSLY (7 -0). 3. DR -97 -011 - CHAPMAN, 20238 HILL AVENUE; Request for Design Review approval to construct a new 6,059 sq. ft. two -story structure and a request for an exception from the floor area reduction requirement for structures in excess of eighteen feet in height on a 43,691 square foot parcel pursuant to Chapter 15 of the City Code. The property is located in a R -1- 40,000 zoning district. Interim Planning Director Walgren presented the staff report. He stated that there are a number of two story homes in the neighborhood. Therefore, staff believes that the findings to support the approval of the floor area reduction exception can be made. Commissioner Murakami inquired as to the square footage of the basement? Interim Planning Director Walgren responded that the basement is proposed at 1,300 square feet. Chairwoman Patrick opened the public hearing at 8:25 p.m. Walter Chapman, project designer, addressed the concern of the trees. He informed the Commission that the City arborist has not had the opportunity to review the latest drainage plan. He provided the Commission with a tree list. He indicated that the drainage lines and sewer laterals are to be shifted and that they would not impact the trees' root systems. The roadway realignment would also mitigate any impact to tree root systems. The drainage swale would be eliminated and be replaced by a solid wall to protect the trees. He said that four trees would be removed for aesthetic reasons and that three trees would be removed to allow construction of the home. It was his believe that once the City arborist reviews the revised plans, it will be determined that the trees would not be impacted. The swimming pool is proposed to be relocated to retain three trees. He indicated that a circular driveway is proposed at a 14 foot width with a center walkway to the front door. He informed the Commission that some previous material would be used in the front driveway and in the rear parking area. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 6 - Chairwoman Patrick stated that upon review of the tree chart submitted by the applicant this evening, there appears to be a disagreement between the applicant and the City arborist about which trees are to be removed or retained (i.e., trees 23 and 24). Commissioner Murakami asked about the number of bedrooms proposed? Mr. Chapman responded that five bedrooms are proposed and that a portion of the basement is to be used as living area. Commissioner Kaplan noted that there is a disagreement with saving tree number 22. COMMISSIONERS PIERCE /KAPLAN MOVED TO CLOSE T13E PUBLIC HEARING AT 8:44 P.M. Interim Planning Director Walgren clarified that the basement is proposed at 3;200 square feet. He said that trees 23 and 24 were not identified by the arborist as ones to be removed. If they are to be removed, they need to be included in the resolution as trees to be removed and that a replacement value be identified. Commissioner Kaplan expressed concern with the removal and protection of the trees on site and recommended that the City arborist review the plans before granting approval. She expressed concern with the size of the home. She said that a home is proposed to be constructed from one property line to the other. She stated that she could not support the increase in floor area but that she could support the relocation of the swimming pool away from the trees. Commissioner Murakami stated that with the inclusion of the basement area as living space, a 9,000 square foot home is proposed and felt that the square footage was excessive. He recommended that the square footage of the home be reduced to save additional trees. Commissioner Bernald stated her concurrence with the comments as expressed by Commissioners Kaplan and Murakami. She recommended that the size of the home be reduced to save the existing trees. Commissioner Siegfried concurred with the comments expressed by the Commission and noted that the basement was not included as part of the living area. Commissioner Pierce felt that the basements should be encouraged. He said that this is the largest home that can be built on an acre lot. He felt that the applicant was entitled to the floor area reduction exception as the neighborhood is predominantly two story homes. As long as the pool is relocated, he could support the application. Commissioner Kaplan noted that the staff report states that the property is bounded by single story homes. Interim Planning Director Walgren clarified that the term single family homes refers to single family home development versus multi- family home development, regardless of the number of stories proposed. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 7 - Chairwoman Patrick supported the use of basements. However, she noted that this basement is above ground. She also expressed concern with the extensive use of pavement. She stated her support of the relocation of the swimming pool. She said that a large home is proposed that fits the building site. She stated that she could not make a decision on this application at this time because of the ambiguity relating to the trees. Commissioner Pierce said that he would like to know how much pervious /impervious material is proposed to be used in the driveway. Commissioners Kaplan /Bernald moved to reopen the public hearing at 8:52 p.m. Interim Planning Director Walgren clarified that review of final landscape plans would indicate the amount of pervious /impervious material to be used, the relocation of the swimming pool, and preservation of the trees. Mr. Chapman stated his concurrence with a two -week continuance. BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO JUNE 11, 1997. 4. DR -97 -018 - SHELTON /DOLUCA, 15052 GYPSY HILL ROAD; Request for Design Review approval to construct a 5,396 square foot one -story residence on a vacant 1.07 acre lot. The property is located in the R- 1- 40,000 zoning district. Interim Planning Director Walgren presented the staff report. Chairwoman Patrick opened the public hearing at 9:05 p.m. Curt Fry, project designer, indicated that the design was that of a California Mission style design. He said that the swale is directed toward the street, that the roof material would be tile, and that two fireplaces are proposed. Commissioner Kaplan asked if the applicant- would agree to make one fireplace a non -wood burning fireplace? Stacey Shelton stated that she would like to have the ability of installing two wood burning fireplaces. COMMISSIONERS PIERCE /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 9:07 P.M. Commissioner Murakami stated that the proposed design was an improvement to what has been approved in the area. Therefore, he could support the request. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 8 - COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -97 -018. THE MOTION CARRIED UNANIMOUSLY (7 -0). 5. DR -97 -019 - ANDERSON, 22661 GARROD ROAD; Request for Design Review approval to construct a new 5,504 sq. ft. single -story residence on a vacant lot. The property is 1.8 net acres and is located in the Hillside Residential zoning district. Interim Planning Director Walgren presented the staff report. He informed the Commission that the attic is large enough to be considered usable space but not habitable space. If used as habitable space, it would exceed the maximum square footage allowed. Chairwoman Patrick opened the public hearing at 9:12 p.m. Scott Stotler, project designer, distributed pictures that depict the proposed architectural style, noting that a single story country home is proposed. Commissioner Kaplan asked if the oak grove is to be retained? She asked if an oak management condition was included to discourage the use of high water usage plants around the oak tree(s) canopy? She said that she would want to review a landscape plan to ensure that the appropriate landscaping is used. Commissioner Pierce inquired about the circular driveway and asked what surface material would be used? Mr. Stotler responded that the driveway is proposed to be 12 feet in width and that asphalt material is proposed. COMMISSIONERS MURAKAMI /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:18 P.M. Commissioner Abshire stated his support of the design. Commissioner Pierce supported the proposed design but expressed concern with the driveway. He recommended that the driveway be constructed of pervious material and that the applicant work with staff to reduce the amount of driveway asphalt so that it is aesthetically pleasing. Commissioner Siegfried supported the design as proposed. Commissioner Bernald also stated her support of the design but recommended that the driveway be reduced. She also recommended that some portions of the driveway be of pervious material. Commissioner Murakami commended the applicant on the design. He stated that would support the use of some pervious driveway material. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 9 - COMMISSIONERS PIERCE /MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR- 97 -019 WITH THE CONDITION THAT THE APPLICANT WORK WITH STAFF TO REDUCE THE AMOUNT OF IMPERVIOUS PAVEMENT, THAT PERVIOUS MATERIAL BE USED FOR A PORTION OF THE DRIVEWAY, AND THAT A LANDSCAPE PLAN BE SUBMITTED FOR STAFF REVIEW PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. THE MOTION CARRIED UNANIMOUSLY (7 -0). 6. DR -97 -022 - GREATER BAY CONSTRUCTION, 12308 - 12339 KOSICH PLACE; Request for Design Review to construct seven one -story, and five two -story residences, ranging in size from 3,277 sq. ft. to 3,996 sq. ft. pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the Planning Commission on September 25, 1996. The lots range in size from 10,005 sq. ft. to 16,257 sq. ft. All properties are located in the R -1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He recommended that the twelve homes proposed be considered as one application. Staff supported the request with the recommendation that the plans for Lot 8, plan F, be further modified to provide for greater articulation of the rear elevation between the first and second story. Chairwoman Patrick opened the public hearing at 9:26 p.m. David Chu, Greater Bay Construction, informed the Commission that seven single story homes and five, two -story homes are proposed. He said that he would agree to make modifications to lot 8 as recommended by staff. Commissioner Kaplan inquired about the fireplaces and asked the applicant if he would agree to install non -wood burning fireplaces to protect the environment. Mr. Chu confirmed that two fireplaces are proposed for each home and that each would have gas starters. Commissioner Bernald stated that Saratoga has seen a number of Mediterranean style homes. She asked if the applicant would be agreeable to using wood instead of stucco material? Greg Zimmerman, project designer, felt that harmony in design would be achieved if stucco is used in this small subdivision. He said that four of the twelve homes would use wood and brick materials. He felt that the subdivision would be more of a community if the homes were designed differently with some similarity in the use of stucco. Commissioner Pierce stated that in reviewing the roofline of plan F, it appears to be layers upon layers of roofline. It also has front elevations with windows going up to the height of the roof. He expressed concern with the front elevations and the expanse in window use. Mr. Zimmerman said that he would agree to lower the window, but that in doing so, it would increase the use of stucco and the appearance in mass. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 10 - Interim Planning Director Walgren stated that the Design Review Guidelines does not address the use of expanse in windows. However, the Guidelines discourages the use of blank walls. He felt that the use of windows provides articulation to the wall elevations. He said that the amount of window glaze may be Commissioner Pierce's concern. Chairwoman Patrick asked if it was possible to build wood sided homes? Mr. Zimmerman stated that he did not want to introduce 12 homes that were not designed as one product. COMMISSIONERS SIEGFRIED /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 9:41 P.M. Commissioner Abshire stated that he wished that there was additional space between the homes than proposed or that a greater variation in setbacks be required. It was his belief that once the homes were constructed that they would appear to be tall structures. Commissioner Pierce expressed concern with the design of plan F. He recommended that the roofline of lot 8 be redesigned. He also expressed concern with the height of the windows. Commissioner Siegfried stated his support of the design with the exception of plan F. Commissioner Bernald felt that this design is a repetition of the Greenbriar development. She felt that the size of the home and use of stucco was over done. Commissioner Murakami stated that he did not like the way each home appears but that he would not deny the design. He concurred with the recommended redesign of lot 8. He felt that the proposed subdivision proposes alternate one and two story homes and that it would not appear to be obtrusive. Commissioner Kaplan expressed concern with the design of the subdivision and stated her support of different neighborhood designs (eclectic design). Chairwoman Patrick concurred that the design is similar to that of the Greenbriar development. She did not believe that the design would be compatible with the surrounding homes. Therefore, she could not support the request. Commissioner Pierce agreed that the most recent designs incorporated the use of wood and stone material and that he would support their use. He recommended that the window area be reduced. COMMISSIONERS KAPLAN /PIERCE MOVED TO REOPEN THE PUBLIC HEARING. Mr. Chu stated his concurrence to a continuance with clear direction being given by the Planning Commission as it was his belief that the proposed design met City guidelines. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 11 - Interim Planning Director Walgren clarified that the Commission expressed concerns regarding building size, proximity of the buildings to each other, incorporation of horizontal elements, use of wood, and modifications to plan F. COMMISSIONERS PIERCE /MURAKAMI MOVED TO CONTINUE THE PUBLIC HEARING TO JUNE 25, 1997 WITH REVISED PLANS BEING SUBMITTED TO STAFF BY JUNE 13. THE MOTION CARRIED UNANIMOUSLY (7 -0). 1 1' _► 1 1. Review of Sign Program for Argonaut Shopping Center Interim Planning Director Walgren presented the staff report and stated staff's support of an eclectic sign program with the stipulation that a limited range of color be approved to be consistent with the colors and materials of the approved renovation plans. Commissioner Kaplan stated that she could not support the request as she could not judge the colors proposed. She requested that sample lettering and colors be submitted for Commission review to make sure that the signs and the colors are compatible with roof and fascia of the Argonaut Shopping Center. Commissioner Siegfried concurred with the comments as expressed by Commissioner Kaplan. He said that he did not want every sign to look the same. Craig Maynard, Cal Neon Signs, said that the unifying factor is the limiting use of colors. He felt that the proposed sign program would be an attractive approach, tying the sign to the building. Commissioner Murakami asked if plans could be submitted that would depict what is being proposed. Mr. Maynard responded that he would agree to submit plans that would explain what is being proposed. BY CONSENSUS THE COMMISSION DIRECTED THE APPLICANT TO SUBMIT PLANS AND A COLOR BOARD FOR COMMISSION REVIEW TO EVALUATE THE REQUESTED SIGN PROGRAM. COMMISSION ITEMS Commissioner Murakami said that he and Commissioner Bernald recently attended the Library Commission meeting noting that another meeting is scheduled next week. PLANNING COMMISSION MINUTES MAY 28, 1997 PAGE - 12 - Commissioner Bemald said that the Bicycle Committee has requested that they be provided with additional information on future projects that will incorporate bike paths as part of their development. Interim Planning Director Walgren informed the Commission that any project that proposes to incorporate bike paths are routinely referred to the Bicycle Committee. Commissioner Siegfried indicated that he would be out of country during the month of July. PK!I' �'L11�� EC�L, 1. City Council Minutes dated 5/7 & 5/13/97 2. Notices for 6/11/97 Planning Commission ADJOURNMENT - There being no further business, the meeting adjourned at 9:50 p.m. to 7:30 p.m. Wednesday, June 11, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT\ PC052897.SAR r LANNING COMMISSION MINUTES MAY 14, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Patrick called the meeting to order at 7:31 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Interim Planning Director Walgren and City Attorney Faubian Minutes - 4/23/97 COMMISSIONERS KAPLAN /BERNALD MOVED TO APPROVE THE APRIL 23, 1997 MINUTES AS WRITTEN. THE MOTION CARRIED 6 -0 -1 WITH COMMISSIONER PIERCE ABSTAINING. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 9, 1997. Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR 1. DR -97 -017 - KAPURIA, 21427 CONTINENTAL CIRCLE; Request for Design Review approval to add a 2,284 square foot deck to the first story of an existing two -story home, with a 7 -foot high understory beneath the deck. The proposed understory exceeds the 5 -foot maximum height, necessitating Design Review. The property is 1 acre, and is located in a Hillside Residential zoning district (cont. from 4/23/97 at the direction of the Planning Commission to revise plans; application subsequently withdrawn by applicant). ---------------------------------------------------------------------------------------------------- COMMISSIONERS PIERCE / KAPLAN MOVED TO APPROVE CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7 -0). PLANNING COMMISSION MINUTES - MAY 14, 1997 PAGE - 2 - PUBLIC HEARING CONSENT CALENDAR 2. DR -97 -008 - METZLER, 12181 MELLOWOOD DR.; Request for Design Review approval to construct a 1,071 square foot, one and two story addition to an existing one story home on a 9,750 square foot lot pursuant to Chapter 15 of the City Code. The site is located in an R -1- 10,000 zoning district (cont. from 4/9/97 at the direction of the Planning Commission to revise plans - applicants have requested additional continuance to 5/28/97 to complete revisions; City review deadline is 9/14/97). ---------------------------------------------------------------------------------------------------- 3. SM -97 -001 - DE NICOLO, 14171 TEERLINK WAY; Request for Site Modification approval to construct a swimming pool on a 44,000 sq. ft. lot as required pursuant to SD- 1355 subdivision conditions of approval. The subject property is located in a Hillside Residential zoning district. COMMISSIONERS MURAKAMI /BERNALD MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEMS 2 AND 3 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7 -0). PUBLIC HEARINGS 4. DR -96 -068 - MOROYAN, 14961 VIA DE MARCOS; Request for Design Review approval to construct a 6,161 square foot two -story structure on a vacant 40,776 square foot lot. The subject parcel is lot 25 of the San Marcos Heights subdivision and is located in an R -1- 40,000 zoning district (cont. from 2/26/97 at the direction of the Planning Commission to revise plans; City review deadline is 8/12/97). Interim Planning Director Walgren presented the staff report. Chairwoman Patrick opened the public hearing at 7:38 p.m. Marty Oakley, project designer, stated his concurrence with staffs recommendation. He indicated that the second story would consist of 1,200 square feet. He stated that a slab floor is proposed and that the chimney stack is approximately one foot lower than the highest point of the roof (approximately 24 feet). He said that the building code requires that the chimney be two feet higher and ten feet horizontally from the nearest roof. He said that one fireplace is designed to burn wood but that more than likely, the property owner would install a log lighter and not burn wood. The other fireplace proposed is to be gas only. COMMISSIONERS PIERCE / MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 7:41 p.m. Commissioner Abshire stated his support of the revised design. Commissioners Pierce stated that he likes the design as it has been tapered in. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 3 - COMMISSIONERS KAPLAN /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -96- 068. THE MOTION CARRIED UNANIMOUSLY (7 -0). 5. DR -96 -074 - BARMEIER, 13471 CHALET CLOTILDE; Request for Design Review approval to demolish an existing residence and construct a new 6,163 sq. ft. two -story structure, with a rear yard pool and detached 687 sq. ft. pool house, on a 4.9 net acre parcel pursuant to Chapter 15 of the City Code. The Calabazas Creek crosses the lower portion of this hillside parcel. The property is located in a Hillside Residential zoning district. Interim Planning Director Walgren presented the staff report. He said that staff recommends approval of the request with the stipulation that landscaping is to be installed prior to final inspection. Should the applicant choose to transplant some of the younger oaks, they can be credited toward the required landscaping that would otherwise be necessary. He indicated that a letter was received that is attached to the report from an adjacent neighbor to the south expressing concern with the impact that the structure would have to her existing view shed. He informed the Commission that correspondence has been received and distributed to the Planning Commission from Loretta and Edward Levin and Susan and Stephen Dougherty supporting the project. Commissioner Kaplan asked if the road leading up from Pierce Road was a private or a city street? Interim Planning Director Walgren responded that it was his belief that the road was a private street. He said that a condition could be added to stipulate repair of the road prior to final permit should any damage occur as a result of construction. Chairwoman Patrick opened the public hearing at 7:46 p.m. Jude Kiric, project architect, stated that the site was a difficult and constrained one because of its irregular shape, its steep topography, and water easement restrictions. Given Saratoga's specific guidelines for hillside construction, it made sense to site the new home approximately where the old structure exists. He said that the hillside is being used to slide the home in to create a small usable lawn area on the upper terrace, reusing the existing driveway approach with minor revisions to meet fire truck access. He tried to be sensitive and keep the home as low and unobtrusive as possible. He expressed concern regarding the close proximity of the adjacent neighbor's home as it is almost on the property line (non - conforming to current regulations). He said that his client has offered to confer with the adjacent property owner regarding landscaping, fencing and other issues to address her concerns. Commissioner Pierce asked why so much driveway coverage is proposed? Mr. Kiric stated that amount of driveway is necessary because the location of the home is approximately 50 feet above the street level and that City code allows only 15 percent grade for the driveway. The city has required lengthening of the driveway to comply with city standards. Fire vehicle access is critical as a certain amount of level and turn around area is required. He said that the contractors would assure that the street does not get damaged during construction. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 4 - Commissioner Kaplan expressed concern that the driveway is proposed to be 200 feet in length. She recommended that pervious materials be considered to make the driveway look attractive. She asked if the excess driveway and turn around area can be eliminated? Mr. Kiric stated that cost was a consideration and that he would like to make the driveway as attractive as possible. He stated that he would like to reinstate a tree line to soften the driveway or explore other options. He said that the driveway at the Y is the minimum turn around that is needed to allow emergency vehicles to back down the area. The upper area is to be used for vehicle parking and for a small paved play area for the children. Commissioner Kaplan stated that she did not want to see any construction up the hill. She said that she could support the construction of a hand cut path but not extensive grading. She asked if a foundation for a retaining wall is proposed. Interim Planning Director Walgren stated that any construction on the hillside would be subject to the Hillside development rules. If substantial amount of fill is proposed to be removed, it would have to return to the Plaiming Commission for site and architectural review and approval. Marlene Freitas, 13471 Pierce Road, stated that construction of the home would eliminate her view shed. She expressed concern with hillside development and requested that the project be well thought out and planned. After reviewing the story poles, she felt that it was intimidating to look out at the proposed garage /workshop. She requested that an alternate design be required to reduce the size, placement and to provide a greater garage setback. She expressed concern with access to her site should she remodel her home in the future. Commissioner Kaplan stated that Ms. Freitas' home was non - conforming in terms of setback and that it was not this applicant's problem. She said that Ms. Freitas has a second story balcony that would allow her an unobstructed view. She noted that Ms. Freitas does not have a garage and that she has many cars parked on site. She did not believe that the Commission should require the applicant to redesign their plans due to Ms. Freitas' non - conforming setback. Carol Barmeier, applicant, informed the Commission that her architect met with Ms. Freitas last week to discuss the plans with her. She stated that she was sensitive to the view shed concern. She said that she would be willing to screen the garage through landscaping and fencing subject to Ms. Freitas' approval. Regarding access, she did not believe that she would interfere with Ms. Freitas' driveway should future development of her property occur. Chairwoman Patrick asked if the applicant would agree to eliminate the upper circular drive? Mr. Kiric clarified that the upper portion of the driveway meets City standards in terns of percent slope. He would have to have the sloped portion to allow fire truck backup. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 5 - Commissioner Kaplan asked if gravel material or other surface material could be used for the driveway and not hardscape material? Mr. Kiric stated that the driveway is steep and that he wanted to make sure that the material used does not wash away. He said that the Fire Department would have a say on the material to be used due to the use of heavy fire truck/equipment. Commissioner Kaplan recommended that the 200 -foot driveway be redesigned to reduce its expanse. Interim Planning Director Walgren clarified that this application is a redesign of the initial driveway submittal. The main leg of the driveway as you go up the hill comes close to the maximum permitted grading of 17 percent. The Fire District has requested that the main radius be modified as it was too tight of a turning radius. He did not believe that one would see the lengthy driveway as depicted on the project plans because of the 50 -foot elevation from the court down below and that tree canopies would break up the length of the driveway. Commissioner Kaplan asked if the interlocking portion of the driveway could be eliminated to reduce paving? Interim Planning Director Walgren stated that the turn - around could be redesigned at the garage area. COMMISSIONERS MURAKAMI / BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:09 p.m. Commissioner Murakami stated that he does not have a problem with the driveway as it is needed to met fire protection. After reviewing the models and renderings presented this evening, he was comfortable with the design. He said that he was ready to approve the request. Commissioner Abshire agreed with Commissioner Murakami's comments. He stated that the house is large but noted that the adjacent property is also large. As complaints have not been received from the neighbors, he would support the request. Commissioner Siegfried stated that he supports the design and that he did not object to the driveway. Commissioner Pierce expressed concern with the driveway. However, staff feels that the design is the best that can be made. He did not believe that much space would be saved if redesigned. Therefore, he would support the request. Commissioner Bernald said that it was commendable that the applicant was willing to work with the neighbor to address her concerns. She stated that she could support the request. COMMISSIONERS BERNALD / MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR- 96-074 WITH AN ADDED CONDITION TO REQUIRE ANY NECESSARY REPAIRS TO THE ROAD AS A RESULT OF CONSTRUCTION. THE MOTION CARRIED UNANIMOUSLY (6- 0). PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 6 - 6. DR -97 -010 - STRINGER, 22653 GARROD RD.; Request for Design Review approval to construct a new 6,109 sq. ft. two story residence on a 1.83 acre parcel pursuant to Chapter 1.5 of the City Code. The site is located in a Hillside Residential zoning district. ---------------------------------------------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. Staff recommended approval with the condition that the one wing of the home that goes off the existing graded pad be redesigned so that it is brought back onto the pad. Chairwoman Patrick opened the public hearing at 8:16 p.m. Scott Stotler, project designer, informed the Commission that the owner selected an older California villa -style design. He addressed the area that goes over the edge of the pad. He informed the Commission that a natural cross slope of approximately three feet exists (west side of the lot). Once the pad is dropped, the corner of the house would be approximately three feet tall. By keeping the home forward, the backyard can be maintained at its natural grade. He did not believe that anyone from Villas Oak Drive would be able to see the home due to the lower elevation and existing trees. He stated that the home could be moved forward toward the street but that it would result in a canalized effect. Commissioner Kaplan said that at the site visit, she did not see an impact on the usable back yard space if the building is moved back onto the existing pad. She asked if the fireplaces are to be gas burning and requested that the fireplaces be plumbed for gas. Robert Teal informed the Commission that the four fireplaces would have gas burning capabilities. The only fireplace that the applicant would want to burn wood would be in the family room. Commissioner Kaplan requested that the representatives convey to the applicants the request for gas burning fireplaces. She stated that she appreciated that the garage doors were not designed to face the front. She felt that the architect had knowledge of the location of the pad for the site. COMMISSIONERS KAPLAN /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:27 p.m. Commissioner Kaplan stated her support of staff s recommendation regarding the pad. Commissioner Murakami concurred with Commissioner Kaplan's comments. Looking at the total square footage of the home, the applicants are only a few feet away from reaching the maximum square footage allowed. COMMISSIONERS KAPLAN /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -97- 010 AS RECOMMENDED BY STAFF. THE MOTION CARRIED UNANIMOUSLY (7 -0). PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 7 - 7. DR -96 -065 - SHAH, 22071 DEER TRAIL CT.; Request for Design Review approval to construct a 4,026 sq. ft. two -story residence on a vacant 1.22 acre lot. The property is located in a Hillside Residential zoning district. Interim Planning Director Walgren presented the staff report. He indicated that the future cabana and pool site referenced on the plans are not being approved as part of this request. He said that as long as the structures do not exceed 12 feet in height, they could be approved administratively. Chairwoman Patrick asked if the applicant increased the width of the driveway, would it result in additional cut and fill? Interim Planning Director Walgren responded that it would not. He stated that the height of the entryway was at 18 feet. Commissioner Murakami asked if staff would recommend that the roof line be lowered and that the overhead window above the door be made smaller? Interim Planning Director Walgren stated that staff recommends that the element be brought down in terms of height, mass and scale. Chairwoman Patrick opened the public hearing at 8:32 p.m. Mr. Shah, applicant, stated that the lot is flat and that construction would not require much grading. He said that you would not be able to see the front entrance from Villa Oaks Lane. He stated that the 20 -foot drive would consist of gravel material. He said that according to his architect, it would be difficult to reduce the roof line. He distributed photographs of adjacent homes depicting their front entryways. Ms. Shah, applicant/architect, said that the front entryway meets city codes and that it is at a height of 18 feet. She said that she proposed an architectural design that would be compatible with that of the neighborhood. She stated that the proposed 20 -foot drive is due to easements for lots 12 and 14. She stated that the roadway would be landscaped approximately one foot in width. Commissioner Kaplan inquired as to the number of fireplaces proposed. Ms. Shah responded that two wood fireplaces are proposed. Commissioner Kaplan requested that one fireplace be designed as a gas burning fireplace to reduce air pollution. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:39 p.m. Commissioner Kaplan recommended that the colors be toned down as they appear to be bright. Commissioner Bernald concurred with staff s recommendation regarding the lowering of the roof line as it would still allow an open entryway. She said that the examples of the neighbors' roof lines do not appear to be as high as the applicant's roof line. She supported a 14 foot access drive and recommended that it be landscaped. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 8 - Commissioner Pierce stated that he did not support a 20 -foot wide driveway. He felt that a 14 -foot driveway with landscaping on the sides would make it an attractive driveway. He stated his appreciation that the applicant is not maximizing the building square footage. He recommended that the window over the door and the entry door be modified to soften its appearance. He said that he did not like the colors proposed. Commissioner Abshire stated his support of the entryway as he likes a bright lighted homes. Commissioner Siegfried did not support the proposed 20 foot driveway. He said that he did not have a great deal of trouble with the entryway. He did not support the proposed colors and stated that he would defer approval of the use of lighter colors to staff. Commissioner Murakami stated that the home was nicely designed. He supported staff s recommendation to reduce the entryway glass window and supported a 14 -foot driveway. Chairwoman Patrick said that she would support the use of brown, earthtone colors and not the pink earthtone colors. She also supported a 14 -foot driveway. She expressed concern with the appearance of the entryway. She recommended that the application be denied on the basis that the design was not appropriate and that redesign be submitted. Commissioners Murakami and Pierce did not agree to deny the application on the basis of the entryway and felt that the entryway could be redesigned as recommended by staff. Commissioner Kaplan referred to condition 2.d of the resolution of approval. She recommended its deletion as the cabana is not a part of this approval. COMMISSIONERS KAPLAN /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -96- 065 AS RECOMMENDED BY STAFF WITH THE FOLLOWING MODIFICATIONS: 1) COLORS ARE TO BE APPROVED BY STAFF; AND 2) DELETION OF CONDITION 2.D. THE MOTION CARRIED UNANIMOUSLY (7 -0). 8. SD -96 -002 & UP -96 -001 -, DAOU /CIVITAF CORP., CHIQUITA COURT; Request for Tentative Parcel Map approval to subdivide a 26 acre hillside parcel into five individual lots ranging in size from 1.1 to 3.2 net acres. Approximately 15 acres would be dedicated as open space. Use Permit approval is requested to allow the lots to be clustered together, thus allowing the open space dedication. Lot 1 is proposed to access off Comer Dr. Lots 2 - 5 would be accessed via an extension of Chiquita Ct. The property is located within a Hillside Residential (HR) zoning district (cont. from 3/26/97 regular adjourned meeting to vote on motion to deny application; City review deadline is 1/6/98). ---------------------------------------------------------------------------------------------------- Interim Plamling Director Walgren presented the staff report. He indicated that this item was a continued public hearing. He informed the Commission that it continued this item from its March PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 9 - 26, 1997 meeting to allow for a full vote of the Commission. The action to take place is to see if the majority of the Commission are in support of denial of the applications. Commissioner Kaplan indicated that she received a call from Mr. Daou who indicated that he has spent a lot of money on this application. She recommended that the Commission focus on new information to be presented. Chairwoman Patrick stated that the Commission is seeking new information at this public hearing and that the Commission did not want to hear a repetition of previous discussion. Chairwoman Patrick opened the public hearing at 9:03 p.m. Ed Daou, applicant, said that he tried to contact each of the Planning Commissioners but that he was not able to reach all of the Commissioners. He said that the property is zoned as a residential project and that one to five homes can be built. Besides land cost, there was $60,000 spent in city applications and another $60,000 in consultants fees. He requested that the city work with him to mitigate the problems. He said that he has worked with the neighbors and that the project has been redesigned. One bridge is proposed instead of the two originally proposed by Mr. Wong. He said that he is willing to work with staff regarding storm drain and sewer issues. He requested that the Commission continue the application and direct him to work with staff to come up with solutions to mitigate the negative points and to turn them into positive ones. In the EIR review process, it was not indicated that the Planning Commission would be requiring a detailed solution to every impact associated with this project. He informed the Commission that he has contacted another soils engineer and architect to answer questions raised. He did not believe that anyone would benefit should these applications be denied. He reiterated that no matter whether one or four lots are constructed, the construction of a bridge would still be required, including the same amount of grading. He requested that this item be continued for further discussion. Interim Planning Director Walgren clarified that the action scheduled this evening was at the request of some Commissioners who wanted to take a vote on the application on its entirety this evening. If the motion to deny fails, the draft EIR would be rescheduled for further consideration. The details discussed at the March 12 and March 26, 1997 meetings would need to be prepared (i.e., sanitary sewer plan, storm drain plan, long term erosion and sedimentation control plan, etc.). If the application is denied, the applicant can appeal the Commission's decision to the City Council. If the denial is upheld by the City Council, the applicant would need to refile an application. If the application is denied without prejudice the applicant could immediately resubmit a new application. Luanne Nieman, 13217 Padera Court, stated that the discussion this evening does not address the fact that the EIR is incomplete. She said that overwhelming variances from the City's code and hillside plans were alarming. As neighbors, they are skeptical of the entire plans and the EIR as it stands. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 10 - Commissioner Kaplan asked Ms. Nieman if the neighbors would be present had they been aware that there would be a possibility of a continuance or denial not taking place this evening? Ms. Nieman responded that it was the neighbors' understanding at the study session that the action to be taken this evening would be to deny the request because the proposal has no merit. She said that the applicant has not contacted the neighbors as indicated. Mr. Daou stated that he has worked with the property owners on Chiquita Court. He conceded that he has not contacted all of the neighbors but that he would continue to work with the neighbors. He said that he did not respond to the issues raised by Commissioner Kaplan at the last meeting until it was determined what action would be taken this evening. It was his belief that the issues raised would result in several months of study. COMMISSIONERS PIERCE /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:18 p.m. Commissioner Kaplan asked the City Attorney if a residential zoning exists on a parcel of land, is the City required to approve a dwelling unit no matter what the environmental impact report states? City Attorney Faubian stated that the issue before the Commission was a discretionary permit request. The standards and guidelines for review are contained in the Subdivision Ordinance and the Subdivision Map Act. She said that there is a question of "taking." She did not believe that there was a taking if the five -lot subdivision was denied because the applicant can resubmit for the subdivision of a one to four lot subdivision. Commissioner Kaplan said that it has been indicated that a bridge would be required no matter the number of lots proposed and that it has also been indicated that the bridge does not comply with city standards. She asked if it would still result in a taking if the applicant cannot mitigate all the concerns? She said that the City Attorney has advised that zoning allows the Commission discretionary review and that the Commission can deny the request for a five -lot subdivision. Interim Planning Director Walgren informed the Commission that the application cannot be approved this evening. The application can be denied or continued in order to complete the draft EIR. He reiterated that at the March 26, 1997 meeting, the majority of the Commission continued this item to specifically make a motion to deny the map based on the negative information submitted to date regarding the impact of the bridge. It has been noted throughout the process that a bridge would be necessary whether there is one parcel or five as it is the only feasible way to gain access to the knoll. Staff has not seen an application that accesses the site from Chiquita Way. Staff has been advised that landslide repairs would be necessary to come off Chiquita Way and that it would be more severe and disruptive than the access proposed off Chiquita Court. Previous studies have determined that walls for the driveway would be more disruptive than the installation of the bridge. PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 11 - Commissioner Kaplan felt that the project has so many natural hazards. She said that she would support denial of the application. Commissioner Murakami said that he did not want to cut the applicant off prematurely and that he wanted the applicant to have a fair hearing. He said that he would be prepared to vote on the issue this evening. Commissioner Bernald said that she reviewed Article 66474, subsections C, E and F of the Subdivision Map Act. She said that these subsections address the problems that she is having with this property. She expressed concern that 69 of the 101 trees are proposed to be removed, noting that 57 are valley oaks. She said that it would take fifty years to reestablish a riparian habitat. She also expressed concern with the high erosion potential and with the City's responsibility regarding future liability. The proposed driveway grading is too great to be significantly mitigated. She stated that she was prepared to vote this evening and that it would be a vote that would not be appreciated by the applicant. Conunissioner Siegfried concurred with the comments expressed by Commissioner Bernald. He said that in the early 1980s, no one ever envisioned this type of development on a hillside. He said that he had difficulty with the grading proposed, the number of trees that would need to be removed and the extensive landscape repair. He stated that he would be prepared to vote this evening. Commissioner Pierce stated that the applicant has admitted that one lot would still require the installation of a bridge. He felt that the property contained environmental impacts. He did not see a good cause for a continuance and that he would vote against the project. Commissioner Abshire said that based on the evidence presented at the last hearing and this evening, he would have to deny the request. He said that future home buyers depend on the Commission to make sure that homes would be made safe and built to construction standards. It has been stated that even one home would require the construction of the bridge. If this is true, he did not see a need to continue this item. Chairwoman Patrick concurred with the comments expressed by her fellow Commissioners. She did not believe that the request complies with the Subdivision Map Act. She felt that destroying trees is a devastation. She felt that the Commission is required to approve mitigations as part of project approval. She said that she could not support any part of this proposal. Commissioner Siegfried asked if this application should be denied without prejudice? Interim Planning Director Walgren responded that denial without prejudice would allow the applicant to resubmit an application. If denied, the applicant would have to wait one year before submitting a similar application. He stated that lots 1 and 5 do not meet minimum city standards and that these two lots would need to be eliminated from the map. He felt that any submittal that bridges the property from Chiquita Court that provided three to five lots would be essentially the same PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 12 - application. COMMISSIONERS KAPLAN/BERNALD MOVED TO DENY WITH PREJUDICE APPLICATION SD- 96- 002/UP -96 -001. STAFF TO RETURN WITH A RESOLUTION OF DENIAL INCORPORATING THE APPROPRIATE FINDINGS. THE MOTION CARRIED UNANIMOUSLY (7 -0). DIRECTOR ITEMS No Director's Items were reported. COMMISSION ITEMS 1. DR -96 -040; MAITRA, 14455 PIKE ROAD. Request for approval of color board (cont. from 4/23/97). Anna Maitra, applicant, stated that she chose colors that blend in with the surroundings and that were unobtrusive. She furnished the Commission with a color chart depicting colors approved in the neighborhood. She proposed the use of a muted gold color. Chairwoman Patrick did not support the mustard color as it would be too reflective. BY CONSENSUS THE COMMISSION APPROVED THE COLOR BOARD SAMPLE LABELED X13 2. Appointment of Library Commission Task Force Member Interim Planning Director Walgren informed the Commission that at its last meeting, Commissioners Bernald, Murakami and Siegfried volunteered to serve on the Library Commission Task Force. The next meeting is scheduled for Wednesday, May 28 at 5:30 p.m. He anticipates that meetings would be held monthly. Commissioners Bernald and Murakami were appointed as co- Library Commission Task Force Members. Commissioner Kaplan stated that she would not be in attendance at the June 11, 1997 meeting. COMMUNICATIONS Written PLANNING COMMISSION MINUTES MAY 14, 1997 PAGE - 13 - 1. City Council Minutes dated 4/16 & 4/22/97 2. Notices for 4/28/97 Planning Commission ADJOURNMENT - There being no further business, the meeting adjourned at 9:45 p.m. to 7:30 p.m. Wednesday, May 28, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk 1 "1\ PCO51497.SAR t r� CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, May 14, 1997 - 6:30 p.m. PLACE: Planning Conference Room, 13777 Fruitvale Avenue TYPE: Adjourned Regular Meeting ROLL CALL Present: Absent: Staff: Applicant: Appellant: ORAL COMMUNICATIONS STUDY SESSION AGENDA Commissioners Abshire, Bernald, Kaplan, Patrick & Murakami Commissioners Pierce & Siegfried Interim Planning Director Walgren Kazemzadeh Jensen 1. AR -97 -001 - Kazemzadeh; 18501 Montpere Way Appeal of an Administrative Design Review approval to construct a 1,484 sq. ft., 13 ft. tall, one -story addition off the back of an existing 1,756 sq. ft. single story residence. Staff presented that Cheriel Jensen, at 13737 Quito Road, had requested an appeal hearing before the Planning Commission pursuant to Article 15 -90 of the Saratoga Zoning Ordinance. She was appealing an administrative approval to construct an addition to an existing home located across the Wildcat /Vasona Creek from her property. It was noted that staff had reviewed the plans and visited the property and determined that the proposed 13 ft. tall addition met all Zoning Ordinance requirements and should be relatively unobtrusive to the adjoining neighbors. The applicant had agreed to move the addition further from the creek bank as a condition of approval. This was requested primarily to keep construction activities and materials away from the creek. The plans had also been reviewed the SCVWD and they had not raised any objections to the proposal. Staff was therefore recommending that the appeal be denied and that the addition be conditionally approved. Appellant Jensen was present and summarized the points of her appeal. The Planning Commission then deliberated the appeal and had the following comments: • Commissioners Kaplan and Patrick stated that they were having difficulty understanding the issues raised in the appeal and their relationship to what Mr. Kazemzadeh was proposing. • Commissioner Murakami also stated he was having trouble relating the appeal issues to the proposed home addition. Kazemzadeh Appeal; 18501 Montpere Way Page Two • It was generally noted that Ms. Jensen's concerns regarding past events, including conditions placed on her home in 1976 and a tree within the creek that had fallen on a neighbor's home, had no relationship to the proposed addition and that the appeal had no factual merit. Commissioner Kaplan moved to deny the appeal, motion passed 5 -0. ADJOURNMENT ssmn5 -14 ANNING COMMISSION MINUTF APRIL 23, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Patrick called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Siegfried Late: None Absent: Pierce Staff: Interim Planning Director Walgren Minutes - 4/9/97 COMMISSIONERS KAPLAN /SIEGFRIED MOVED TO APPROVE THE APRIL 9, 1997 MINUTES WITH THE FOLLOWING AMENDMENTS: Page 2, paragraph 7, line 1 amended to read: "Interim Planning Director Walgren presented the staff report. He said that staff could riot make ... " Page 4, paragraph 1, line 1 amended to read: "Commissioner Bernald asked if the deck could be d designed structurally to have it attached ... " Page 5, paragraph 3, line 2 amended to read: "...a change in design than fpiji what was seen before." Page 7, paragraph 5 amended to read: "Commissioner Murakami felt that the design was an original one but did not believe that it fit in with the neighborhood .................................................................. ............................... THE MOTION CARRIED 6 -0 WITH COMMISSIONER PIERCE ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 18, 1997. Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR PLANNING COMMISSY MINUTES APRIL 23, 1997 PAGE - 2 - PUBLIC HEARING CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -017 - KAPURIA; 21427 CONTINENTAL CIRCLE. Request for Design Review approval to add a 2,284 square foot deck to the first story of an existing two - story home, with a 7 -foot high understory beneath the deck. The proposed understory exceeds the 5 -foot maximum height, necessitating Design Review. The property is I acre, and is located in the Hillside Residential zoning district. Interim Planning Director Walgren presented the staff report. He recommended approval of the two -foot exception from a five foot underfloor to seven feet with the requirement that the rear of the deck is to be landscaped per the conditions of approval. Staff also recommended that an attempt be made to transplant the two coast live oak trees lower onto the property. He said that the survival rate of tree transplanting is good if it is overseen by an ASA certified arborist. Chairwoman Patrick opened the public hearing at 7:43 p.m. Victoria Garrison, project designer, provided the Commission with a color board. She said that the deck would be used to entertain and that the deck is to be accessed from the second story. She said that the next door neighbor would be the only one who would be able to see the deck and that it is located above this house. Commissioner Kaplan asked about the function of the copper piping? Ms. Garrison responded that the copper piping would be used for railing. She explained that the shininess of the copper would disappear after a few days. She said that copper lanterns exist all around the existing structure and that it would compliment the house. Commissioner Murakami asked if the highest portion of the deck nearest the kitchen area is to be painted or would it be natural wood? Ms. Harrison responded that lattice is proposed in this area of the deck with oleander to be planted all the way around to screen the deck. She said that the deck is to be of a natural finished redwood. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7:53 p.m. Commissioner Kaplan said that the fact that someone else has something that is non conforming does not mean that it should be repeated. Commissioner Murakami said that the deck appears to be massive. Although the middle section of the deck is proposed at seven feet, he said that he could approve it. Commissioners Bernald said that she would have preferred to see the deck stepped down two more steps. However, she would support the request. PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 3 - Commissioner Siegfried also supported the request because he did not see a great impact on views. Commissioner Abshire said that he could support the deck if it is painted the same color as the house. He said that a large deck is being proposed and that if it is a different color than the house, it would make the deck stand out. Therefore, he could not approve the deck. Chairwoman Patrick felt that the deck was a massive deck on a prominent lot. She expressed concern with the copper piping leeching into the hillside soil. She said that she could not make the findings to approve the request as the deck's height appears to be inappropriate and that it would have too much coverage, bulk, height and use of copper. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO APPROVE RESOLUTION NO. DR- 97 -017 PER THE STAFF REPORT. THE MOTION FAILED ON A 2 -4 VOTE AS FOLLOWS: AYES: SIEGFRIED, MURAKAMI; NOES: ABSHIRE, BERNALD, KAPLAN, PATRICK; ABSTAIN: NONE; ABSENT: PIERCE. Interim Planning Director Walgren clarified that the deck could be built as designed at five feet without having to come back to the Planning Commission for its approval. Commissioner Abshire said that he would approve the deck if there was a color change. Commissioner Kaplan said that copper leeching is a serious problem and could that she could not support their use. COMMISSIONERS SIEGFRIED /MURAKAMI MOVED TO REOPEN THE PUBLIC HEARING AT 7:50 P.M. TO ASK THE APPLICANT'S REPRESENTATIVE IF SHE WISHES TO CONTINUE THIS ITEM. Ms. Garrison said that the color of the underneath post of the deck could be painted gray to address the Commission's concern of color. Interim Planning Director Walgren said that an alternate action would be to approve the deck with a condition that would require the railings /under floor post to be painted to match the house and that the copper railings be changed to a wood or natural material (to be approved at a staff level). Commissioner Siegfried suggested that this item be continued to allow the applicant the opportunity to discuss alternatives with staff. Mr. Kapuria, applicant, said that most of the copper water pipes installed in homes do not pose a danger of leeching. He said that he would agree to paint the deck to match the home. He stated his agreement to a continuance PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 4 - Chairwoman Patrick said that she would not approve the request based on the use of the copper material. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CONTINUE THE PUBLIC HEARING TO MAY 14, 1997 WITH REVISED PLANS TO BE SUBMITTED TO STAFF BY FRIDAY, MAY 2, 1997. THE MOTION CARRIED 6 -0 WITH COMMISSIONER PIERCE ABSENT. 2. DR -97 -007 - WHEATLEY; 20761 PAMELA WAY. Request for Design Review approval to construct a 1,600 square foot, two story addition to an existing one story home on a 8,429 square foot lot pursuant to Chapter 15 of the City Code. The site is located an R- 1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He recommended approval of the request with an additional requirement that stipulates that some design changes are to be made prior to the issuance of a zoning clearance [i.e., changes to be made to the rear (north elevation) and the interior elevation (west elevation)] . Staff recommends the introduction of a horizontal break between the first and second floor to reduce the vertical emphasis and to emphasis the horizontal lines of the structures to address the appearance of mass and bulk. Chairwoman Patrick asked at what level will the height of the house be in relationship to the street. Interim Planning Director Walgren said that the home lowers significantly 10 -12 feet on Pamela Way and that the elevation of Pamela Way will be slight. As you approach Sixth Street at the garage entrance, the pad is at street grade. Commissioner Kaplan noted that the front yard was significantly large. She asked if the applicant could build in the front yard area. Interim Planning Director Walgren said that the front setback requirement on Pamela Way is 25 feet and that the applicant proposes a 40 -foot setback. Chairwoman Patrick opened the public hearing at 8:00 p.m. Ms. Reese, project designer, informed the Commission that condominiums are located to the rear of the property (60 feet away from the rear of the second floor addition). She did not believe that the condominiums would be impacted by the design. Therefore, she did not believe that the horizontal feature to break up the mass was necessary. She explained that structurally, there is a problem with designing a horizontal break. She said that she would agree to explore the use of a fascia board or alternate architectural element to address staff's concern of mass and bulk. COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:05 p.m. Commissioner Murakami said that the second story addition was nicely designed. He said that he did not have a problem with the rear and north elevation. Structurally, he understood the project designer's comments. He said that he would support a cosmetic design alternative. PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 5 - Chairwoman Patrick said that the use of a cornice type- approach to mitigate staff's concern would be acceptable to her. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO APPROVE RESOLUTION NO. DR- 97 -007 PER THE STAFF REPORT WITH THE STIPULATION THAT THE APPLICANT BE REQUIRED TO PROVIDE A CORNICE TYPE - APPROACH OR COSMETIC ALTERNATIVE TO ADDRESS THE CONCERN OF MASS AND BULK OF THE SECOND STORY ADDITION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER PIERCE ABSENT. 3. DR -97 -002, V -97 -001 - MOSHTAGHI; 20758 WILDWOOD WAY. Request for Design Review approval to construct a new 2,214 square foot, two story residence on a 3,549 square foot lot and a request for Variance approval to encroach into the required front, side and rear setbacks pursuant to Chapter 15 of the City Code. The subject property is located in an R -i- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He said that the subdivision was created before the adoption of the City's zoning district and that the lot is a substandard lot. Staff supported the variance request based on the special circumstance of the substandard nature of the parcel and the fact that it would create a more conforming situation than currently exists. Staff felt that the plans presented this evening for design review consideration can also be supportive with an added condition to stipulate that a landscape plan is to be submitted prior to the issuance of a zoning clearance, incorporating one or two native trees and replanting of the property. The landscaping is to be installed prior to the final inspection of the new home. Commissioner Kaplan asked if it would be feasible and within City ordinance to allow the garage entrance to access off Fourth Street? Interim Planning Director Walgren informed the Commission that the ordinance does not prohibit access to the garage from Fourth Street. Staff would review garage access as part of the plan review and site inspection process. He noted that there is a significant grade change and that there may be a site visibility consideration since access is readily available off Wildwood Way. Chairwoman Patrick opened the public hearing at 8:10 p.m. Omid Shaken, representing the applicant, informed the Commission that he designed a home that would be compatible with that of the surrounding neighborhood (i.e., craftsman style home). He said that the existing home is an older home that has not been maintained. The existing home is proposed to be demolished to be replaced with the proposed home. He stated his agreement with staff's recommendation, including the condition to submit a landscape plan. Everet Killian, 14395 Wildwood Way, said that Wildwood Way is a privately owned street. If heavy equipment is to be used, he expressed concern that the equipment may impact the private road and may require maintenance. He said that the plans depict a 17 -foot setback to the rear and an 18 -foot front setback. He asked if the house could be setback further so that the home does not stand out as the home located at 21670 Springer is setback 34 feet. He requested that the PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 6 - home be setback further away from Wildwood Way. He asked if the utilities would be undergrounded? Interim Planning Director Walgren said that the new utilities would be required to be underground. Commissioner Murakami noted that the old structure sits right on Fourth Street and that the new proposal would provide a greater setback. Simon Chen informed the Commission that he is purchasing the home next door. He also expressed concern with the setbacks. He felt that if a 25 -foot front setback is not approved, it would obstruct views from Wildwood Way. If the home is setback further on Fourth Street, his future home would stand out. He requested that this concern be mitigated through landscaping or the installation of a sound wall. David Reed, 20750 Wildwood Way, stated that he liked the plans and felt that the home would be an improvement to the area. He said that the west side of the home would be the same length as his home. He noted that the second story would be located close to his home and that it would block the sun and his view. He supported the eight -foot second story setback because he did not believe that a twelve -foot second story setback would make much of a difference. He said that the master bedroom has two windows that look out toward the west side and are directly in line with his bathroom windows. He requested that the windows be raised or opaqued so that the owners do not look down to his bedroom. He requested that construction trucks park on Fourth Street and that they not use Wildwood Way as there is a shortage of parking and that it would be difficult to maneuver. Mr. Shaken said that he would not object to adjusting the windows to address Mr. Reed's concern and that he would make sure that the construction/contract workers park on Fourth Street. He addressed the setback concerns and said that once the house next door develops, the homes would line up. Commissioner Kaplan asked about the concern from the neighbors' regarding damage to the private street. Interim Planning Director Walgren recommended that a condition be included that would stipulate that prior to final inspection, a grading inspector is to review the road to determine if damage has occurred due to construction. If road damage occurs due to construction use, the applicant is to repair the damage. Mr. Shaken stated his concurrence to this added condition as long as the road condition is studied prior to and after construction. COMMISSIONERS MURAKAMI /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 p.m. Commissioner Murakami felt that the home was well designed for the neighborhood. He stated his appreciation of the neighbors' comments. He said that the City is dealing with an old structure that is to be replaced with a new one. He said that he would support the request subject to the conditions as recommended by staff. PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 7 - Commissioner Kaplan said that the design would be an improvement to what exists. She recommended that the two, second master bedroom windows be modified to be half size windows. Interim Planning Director Walgren recommended that the bedroom windows be either clear story, upper level or eliminated, subject to the applicant's choosing. Commissioner Abshire felt that this was too much home for the size of the lot. He felt that the home could be reduced in size to accommodate setback requirements. Commissioner Siegfried felt that a smaller home would give the appearance of a bungalow. Chairwoman Patrick said that she liked the design and that she appreciated that it was not a Tudor. She said that she would prefer to see the garage sited elsewhere because she did not like garages in front of houses, especially a small home like this. She said that would not like the home be setback further toward the bank and that she would support the request. COMMISSIONERS MURAKAMI /KAPLAN MOVED TOAPPROVE RESOLUTION V -97 -001 SUBJECT TO THE FINDINGS AS DESCRIBED. THE MOTION CARRIED 5 -1 WITH COMMISSIONER ABSHIRE VOTING NO AND COMMISSIONER PIERCE ABSENT. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR- 97-007 WITH THE ADDED CONDITIONS TO STIPULATE MODIFICATIONS TO THE SECOND STORY MASTER BEDROOM WINDOWS; SUBMITTAL OF A LANDSCAPE PLAN PRIOR TO ZONING CLEARANCE; AND REPAIRS TO WILDWOOD WAY SHOULD DAMAGE OCCUR TO THE PRIVATE STREET DUE TO CONSTRUCTION USE. THE MOTION CARRIED 5 -1 WITH COMMISSIONER ABSHIRE VOTING NO. AND COMMISSIONER PIERCE ABSENT. DIRECTOR ITEMS 1. Notice of Grading /Tree Removal Permit Interim Planning Director informed the Commission that staff supports the request to perform a one -time road construction pad preparation and walnut orchard tree removal. Staff scheduled this item as an informational item to let the applicant know that staff is planning to approve the request. If acceptable to the Planning Commission, staff will send courtesy notices to all adjoining property owners, notifying them that heavy equipment can be expected on a certain date. He said that grading will be conducted under city permit and supervision. Chairwoman Patrick expressed concern with dust associated with grading. She requested that staff make sure that the dirt is kept wetted down. BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S RECOMMENDATION. PLANNING COMMISSION MINUTES APRIL 23, 1997 PAGE - 8 - Interim Planning Director informed the Commission that staff's representative to the Library Commission has requested that the Commission consider whether a member is interested in participating in the Library Expansion Subcommittee. Commissioners Siegfried, Murakami and Bernald agreed to volunteer to sit on the Subcommittee. COMMISSION ITEMS 1. DR -96 -040 - MAITRA; 14455 PIKE ROAD. Request for approval of color board. Interim Planning Director presented the staff report and provided the Commission with the new color board material depicting the use of a darker earthtone color scheme. Commissioner Siegfried said that he did not have a problem with the use of a trim but that he did not support the color proposed. Commissioner Murakami recommended that the colors be toned down. BY CONSENSUS, THE COMMISSION DID NOT SUPPORT THE COLOR BOARD AS PRESENTED AND RECOMMENDED THAT THE COLORS BE TONED DOWN. Commissioner Kaplan recommended that Annette Woosley be thanked for forwarding to the Commission an article from the May issue of Look Magazine discussing modem architecture. Commissioner Bernald congratulated City Attorney Fabian for being certified by the American Institute. COMMUNICATIONS 1. City Council Minutes dated 4/2; 4/8/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 8:43 p.m. to 7:40 p.m., Wednesday, May 14, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk ITTC042397.SAR CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, April 23, 1997 - 6:00 p.m. PLACE: EOC Center, 13777 Fruitvale Avenue TYPE: Adjourned Regular Meeting ROLL CALL Present: Chair Patrick, Commissioners Abshire, Bernald, Kaplan, Murakami & Siegfried Staff: Walgren Absent: Commissioner Pierce • ' . • T" L • None. STUDY SESSION AGENDA The meeting is a study session between applicants, interested citizens and staff, to discuss advance planning projects, continued applications and general planning issues. The Planning Commission has a policy that no decisions will be made at these sessions. A written report will be made of the proceedings. 1. Presentation by Teresa Lee, Director of Public Information and Education - BAY AREA AIR QUALITY MANAGEMENT DISTRICT. Teresa Lee and staff were present from the BAAQMD. Ms. Lee began with a presentation on the background and history of the BAAQMD, founded in 1955 and serving nine counties. She noted the following facts: • Air quality in the Bay Area has improved significantly over the past 30 years. • Ozone is created by high temperatures, NOX emissions and inversion layer - weather most critical factor. • Air pollution in the Santa Clara Valley tends to back -up into the foothills. • Ozone 50%/50% industry /automobiles. PM,o particulates generated by fireplaces, etc. Particulate matter from sources like wood burning fireplaces /stoves are becoming the greater health concern - a winter problem v. ozone which is a summer problem. �l '-r • Winter inversions on cold, still days are much lower /shallower and more dangerous than others - though fireplaces /wood stoves are a small fraction v. automobiles. • Wood stoves <1990 are "dirtiest ", later stoves better, pellet stoves better yet, gas stoves best. • New Federal PMio standards would put many communities out of attainment based on proposed thresholds - mostly in mid - western communities. • Bay Area will be close to either attainment /non- attainment to new standards. For reference Ms. Lee passed out model ordinances from the Cities of Petaluma and Los Gatos. ADJOURNMENT Meeting was adjourned @ 7:15 p.m. with appreciation extended to BAAQMD representatives and with motion to: • Publish informative article in Saratogan. Consider adopting ordinance at later meeting. eemn4 -23 ,ANNING COMMISSION MINUT. APRIL 9, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Kaplan called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Interim Planning Director Walgren and City Attorney Fabian Minutes - 3/26/97 COMMISSIONERS PATRICK /PIERCE MOVED TO APPROVE THE MARCH 26, 1997 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 3, paragraph 2, correction of Commissioner Bernald's name. Page 9, paragraph 6, line 1, replace the word "odd" with Page 12, paragraph 2 amended to read: "Commissioner Bernald said that 4'-f— d t ; ' ke#' : at 'a- . s » ::: d: pg ......... r 5 tgat 0;9t she appreciated staff and their professionalism tiG? ig(# u at last ig '�- x�eetirZg. t she said that she attended the March 17 S't Bicycle Advisory Committee meeting. She informed the Commission that efforts are being made to iwAaH 04ft the Juan Bautista de Angeles Natural Historical trail connection ... " THE MOTION CARRIED 5 -0 -2 WITH COMMISSIONERS MURAKAMI AND SIEGFRIED ABSTAINING. Oral Communications No comments were offered. Report of .Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 4, 1997. Technical Corrections to Packet Interim Planning Director Walgren informed the Commission that Public Hearing Item 2, page 5, the paragraph under the subheading "Conclusion," had numbers transposed (states 1,241 square feet, should read 2,141 square feet). PLANNING COMMISS- ' MINUTES APRIL 9, 1997 PAGE - 2 - CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR 1. SD -96 -005, UP -96 -004 & V -97 -003 - EITZEN, END OF OLD OAK WAY OFF PIERCE RD.; Request for Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four individual lots of.5.6, 2.6, 2.4 and 2.2 net acres. Approximately 17 acres would be dedicated as open space. Use Permit approval is requested to allow the four lots to be clustered together, thus allowing the open space dedication. Variance approval is also requested to allow a potential future Lot 3 structure to be located on a City identified Major Ridgeline - more restrictive building height limits are applied to ridgeline lots. The property is located within a Hillside Residential (HR) zoning district (cont. to a date uncertain at the request of the applicant. Notices will be published and mailed to neighbors announcing a new hearing date; City review deadline is 8/5/97). Chairwoman Kaplan stated that she was going to recommend that this item be tabled and that the applicant be required to resubmit an application. City Attorney Fabian said that either action would be acceptable under the Permit Streamlining Act (either table the item indefinitely or table and require the resubmittal of an application). Interim Planning Director Walgren informed the Commission that this item would be scheduled for a determination before the August 5, 1997 Permit Streamlining Act deadline. COMMISSIONERS SIEGFRIED /PIERCE MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7 -0). City Attorney Fabian was excused from the remainder of the meeting. PUBLIC HEARINGS 2. DR -97 -015 - WONG; 21252 CHADWICK CT.; Request for Design Review approval to construct a new 2,141 sq. ft. deck pursuant to Chapter 15 of the City Code. Design Review is required to allow the under -story of the deck to be 13 feet above grade where 5 feet is the maximum permitted. The subject property is 2.8 acres, located in an HR zoning district. Interim Planning Director Walgren presented the staff report. He said that staff could make the necessary findings to recommend approval of the deck and the five foot under floor exception. He informed the Commission that correspondence was received from Alexander E. Barkas, 13245 Padero Court, expressing concern that the deck would be encroaching on the use of his rear property. He said that this concern was taken into consideration at Tuesday's site visit. PLANNING COMMISSION MINUTES APRIL 9, 1997 PAGE - 3 - Commissioner Abshire asked if the deck was reduced to the five -foot maximum allowed, what would be the total area of deck remaining? Planner Walgren responded that there are portions of the deck at the corner where it is highest off the natural grade where it could not meet the five foot underfloor standards. This deck area would have to be to eliminated, resulting in approximately 50% of the deck being eliminated. The area exceeding the five feet underfloor standard was identified as being the deck area located on the right corner of the residence. Chairwoman Kaplan opened the public hearing at 7:40 p.m. Jason Bowman, landscape architect, requested Commission approval of the deck as designed as it meets setback and lot coverage requirements. He said that the height exception is proposed to the northeast corner of the master bedroom area, family room and kitchen area. Chairwoman Kaplan noted that the northeast section of the property is flat. She asked if the property owner considered opening out onto the garden area rather than to have a deck between the home and the garden area? Mr. Bowman responded that the way the home is oriented, it is sitting on the building setback line. Commissioner Murakami asked if the deck could be designed to be tiered? Mr. Bowman responded that the house steps down and then wraps around the fireplace area. From the edge of the fireplace, the deck drops down to grade. David Leitzer, 21000 Comer Drive, informed the Commission that he resides to the north of this property. He requested that the Commission enforce the current codes as the request would impede his view and privacy. He felt that the house should have been sited to satisfy the height requirements of the terrain. Carl Barnes, general contractor, said that the deck would be nestled among the trees and that it would be difficult to see from down the hillside. He said that the house was sited on the lot to accommodate the other neighbors on the hillside. Mr. Bowman said that at time of design submittal, the preliminary landscape plans were not completed in time to include the structural drawings. At the time of approval of the home, the deck was shown but that it was not considered as part of the residence. As the deck was not approved at time of home approval, the deck was required to go through the design review process. He said that the north side of the home is heavily wooded with existing coast live and blue oak trees. As the trees mature, the deck will be further screened. He said that the deck was designed to include open balusters as well as solid balusters so that the deck would not look so big (minimize the effect of the deck). In response to Commissioner Bernald's question, Mr. Bowman said that discussions have not occurred with his clients regarding the possibility of eliminating the deck area that wraps around the master bedroom where its height is the greatest. His client's intentions were to have the deck looking out and to walk around it to service their property. PLANNING COMMISSION MINUTES APRIL 9, 1997 PAGE - 4 - Commissioner Bernald asked if the deck could be cut back and designed structurally to have it attached to the house, eliminating the piers (cantilever the deck out)? Mr. Barnes responded that piers would be required due to the height of the deck. Chairwoman Kaplan said that at the site visit, the Commission informed the applicant's representatives that plantings could not occur under the deck because it is an area located in a fire zone. Also, there would have to be elimination of some existing brush around the home. COMMISSIONERS PIERCE /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Commissioner Abshire said that the home is located in a sensitive area from the stand point of the ground below. Therefore, he could not support a 13 -foot deck. He said that he could support a deck of a maximum of five feet. Commissioner Patrick said that she could not support the request for the following reasons: she could not make the findings to approve the deck; one is not supposed to use plantings to obscure an architectural feature that is not liked; the fact that 16,000 square foot lot coverage is being proposed; and the fact that the deck has both open and closed areas. Commissioner Murakami concurred with the comments as stated by Commissioner Patrick. He said that he could not support the 13 -foot height deck because it would stand out from the valley below. Chairwoman Kaplan concurred with the comments as expressed by her fellow Commissioners. Interim Planning Director Walgren informed the Commission that should the applicant redesign the deck to eliminate the northeast corner and scale it back to a deck of a height of no more than five feet, it would not have to return to the Commission for approval. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO DENY DR -97 -015. THE MOTION CARRIED UNANIMOUSLY (7 -0). 3. DR -96 -069 - PINN BROTHERS CONSTRUCTION, INC.; 20865 SARATOGA HILLS ROAD; Request for Design Review approval to construct a 3,876 sq. ft. one- story home on a vacant lot. The property is Lot 7 of the Trinity Place Subdivision, and is 13,417 square feet. The subject property is located in an R- 1- 12,500 zoning district. Interim Planning Director Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 8:00 p.m. Chuck Bommarito, Pinn Brothers Construction, provided the Commission with a colored rendering of the proposed home. He stated his concurrence with the staff report. PLANNING COMMISSION MINUTES APRIL % 1997 PAGE - 5 - Commissioner Murakami asked if this design was similar to the three other designs proposed in the subdivision? He stated that the design lacked originality and that it was disappointing to see the same design repeated again. Mr. Bommarito responded that the subdivision proposes two street scapes; one of a stucco -look and the other uses stone and wood. He said that the base floor plans of the homes are similar. Commissioner Bernald stated that the Commission approved the previous design because it was a change in design from what was seen before. Commissioner Pierce said that the Commission liked the use of the design once but that it would not like to see it as a recurring design. COMMISSIONERS BERNALD /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 8:04 P.M. Commissioner Siegfried said that the home was nicely designed, it meets all the design requirements and that it would fit in with the development. Commissioner Pierce said that he did not have a problem with a couple of homes looking alike. Commissioner Patrick stated that she appreciated that the home was not designed to use stucco. COMMISSIONERS SIEGFRIED / BERNALD MOVED TO APPROVE RESOLUTION DR -96- 069. THE MOTION CARRIED UNANIMOUSLY. 4. DR -97 -008 - METZLER; 12181 MELLOWOOD DR.; Request for Design Review approval to construct a 1,071 square foot, one and two story addition to an existing one story home on a 9,750 square foot lot pursuant to Chapter 15 of the City Code. The site is located in the R-1-10,000 zoning district. Interim Planning Director Walgren presented the staff report. He informed the Commission that staff could not make the necessary findings in terms of architectural compatibility, building mass and style, and privacy protection to approve the application. Staff recommended denial of the request. He informed the Commission that two letters attached to the report were received from area neighbors. One letter was anonymous. The other letter was signed by the neighbor locate directly to the back of the property who has stated the same concern as identified by staff and also expressed concern that the second story master bedroom windows would be an impact on the use, the enjoyment and privacy of their backyard area. Chairwoman Kaplan opened the public hearing at 8:06 p.m. PLANNING COMMISSION MINUTES APRIL 9, 1997 PAGE - 6 - John Metzler, applicant, informed the Commission that the size of the original home was about the same size of that of a mobile home and that he wanted to add living area for three individuals. He said that the addition was sited to the rear so that it is hidden by the trees in the neighborhood. He did not believe that you could see the metal roof from the street. He said that the design is that of a California bay style home and that 'it is not a Spanish or Tudor style home. He requested that the wall arrangement be retained. He said that he would agree to use different exterior material. He said that the master bedroom is being isolated as much as possible to alleviate his wife's allergy problem. He would agree to opaque the second story windows or raise the height of the windows to address the neighbor's concerns. He said that the report states that there are not many two story homes in the neighborhood and no history of upgrades. He said that he could furnish a packet of information that has a history upgrades that have occurred in the neighborhood. Chairwoman Kaplan noted that Mr. Metzler has indicated that he would be willing to redesign the addition. She asked if Mr. Metzler would like to have this item continued to allow him the opportunity to redesign? Mr. Metzler said that he would like to hear the Commission's comments. Leonard Siemek, 12191 Mellowood, stated his opposition to any second story addition in the neighborhood. He said that the existing homes were built ,for privacy. He said that there are eleven homes that have increased in size (800 to 900 square foot additions), none of which have destroyed the structure of the neighborhood nor required second story additions. He opposed taking away privacy, light or sun from one individual to give to another individual. Amy Chang, 12171 Mellowood, representing her parents, expressed concern with privacy, obstruction of natural sunlight, and concern with the duration of construction. She suggested that the Metzlers use their rear yard to construct a i addition. Mr. Metzler informed the Commission that the CC&Rs state that the height of the home is not to exceed two and a half stories. He did not believe that he would be shadowing the neighbor's property. He said that he understood the concern of neighbors relating to the privacy associated with the use of their hot tub /swimming pool. However, he said that this concern was not an active concern as the hot tub and swimming poor are not being used. COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:22 P.M. Commissioner Abshire said that he understood the neighbors' concern with the maintenance of single story homes in the neighborhood. He said that two story additions were ones that need to be considered as they will be one thing that the City will be seeing more of. In this case, he felt that the design proposed was different from that of the neighborhood. He did not believe that the design would fit in with that of the neighborhood. Therefore, he could not support the design of the second story addition. PLANNING COMMISSION MINUTES APRIL 9, 1997 PAGE _ 7 - Commissioner Patrick said that the second story addition is located in the middle and felt that shadows are already shed. She did agree that privacy may be an issue but that a second story addition would not contribute to the privacy issue. She said that she was not opposed to the second story. However, the windows to the rear may need to be reconfigured. She liked the design but that she could not make the finding that the design would be compatible with that of the neighborhood. Commissioner Pierce said that this is a nice neighborhood with a lot of character. He said that he would have a real concern about approving two story homes without benefit of a neighborhood meeting to see if the neighbors would support second story additions. He did not like the design because it does not fit in with the neighborhood and therefore could not support it. Commissioner Siegfried said that he did not like the proposed design in this neighborhood as it does not fit in. He said that he was not necessarily opposed to a two -story home if it is carefully designed to fit in with the neighborhood. Commissioner Bernald agreed that the design was an exciting one that would fit elsewhere in the community but that it was not an appropriate one for the neighborhood. She felt that the second story windows would need to be addressed. Commissioner Murakami felt that the design was an original one but did not believe that it fit in with the neighborhood and that it would be more suitable in a rural setting. He said that he could not support the design of the second story addition. Chairwoman Kaplan concurred with the comments as expressed by her fellow Commissioners. She said that she liked the design of the second story addition and but that she would like to see it located elsewhere in the community. COMMISSIONERS PATRICK /SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING. Mr. Metzler asked the Commission would approve a second story addition if he agreed to redesign? Commissioner Siegfried said that in order for him to approve a second story addition, it would need to be designed to be compatible with the neighborhood. Commissioner Murakami said that he was not opposed to a two -story addition. He said that the design of the second story would have to be well done as the lot is large enough to accommodate a single story expansion. BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO MAY 14 WITH REVISED PLANS DUE TO PLANNING STAFF FRIDAY, MAY 2. PLANNING COMMISSION MINUTES APRIL 9, 1997 PAGE - 8 - DIRECTOR ITEMS No Director items were reported. COMMISSION ITEMS 1. Appointment of New Commission Chair & Vice Chair Chairwoman Kaplan stated that it was a pleasure to serve with her fellow Commissioners. She accepted nominations for Chairperson. Commissioners Murakami /Siegfried nominated Commissioner Patrick as the Commission's next chairperson. Commissioner Patrick was unanimously (7 -0) elected as the Commission's Chairperson. Chairwoman Patrick opened the floor to nominations for Vice - chairperson. Commissioners Siegfried /Abshire nominated Commissioner Kaplan as Vice - chairperson. Commissioner Kaplan was unanimously (7 -0) elected as the Commission's Vice - Chairperson. Interim Planning Director Walgren said that Commissioner Kaplan did a superb job as the outgoing chair and commemorated her year of service as a Chairperson with a plaque. COMMUNICATIONS 1. "The Role of the Planning Commissioner" 2. City Council Minutes dated 3/18; 3/19; 3/25/97 3. Planning Commission notices for 4/23/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 8:33 p.m. to 6:00 p.m., Wednesday, April 23, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk ITTC040997SAR PLANNING COMMISSION MINUT MARCH 26, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting ------------------------------------------------------------- - - - - -- Chairwoman Kaplan called the meeting to order at 7:36 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Patrick, Pierce Late: None Absent: Murakami, Siegfried Staff: Interim Planning Director Walgren Minutes - 3/12/97 COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE THE MARCH 12, 1997 MINUTES WITH THE FOLLOWING AMENDMENTS: Page 9, paragraph 3, line 2 amended to read: "...to excavate the landslide debris up to the bedrock " Page 9, paragraph 6, line 3, replace the word , l } er a } ; �� with ....... ............................... al ��A n. ....... ............................... ...... ............................... ....... ............................... ...... ............................... ....... ............................... Page 10, paragraph 4, line 4, replace the word bee with .... .......................:.. ............ I ................. .............................. .............................. .............................. - Page 14, paragraph three amended to read: "Commissioner Patrick said that she noticed that no addresses were being provided on the building permits that have been pied ........................... .......................... ........................... .......................... ........................... THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, was properly posted on March 21, 1997. Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR the agenda for this meeting 1. DR -96 -068 - MOROYAN, 14961 VIA DE MARCOS; Request for Design Review approval to construct a 6,161 square foot two -story PLANNING COMMISS MINUTES MARCH 26, 1997 PAGE - 2 - structure on a vacant 40,776 square foot lot. The subject parcel is lot 25 of the San Marcos Heights subdivision and is located in an R -1- 40,000 zoning district (cont. to 5/14/97 at the request of the applicant to prepare revised plans; City review deadline is 6/6/97. -------------------------------------------------------------- COMMISSIONERS PATRICK /PIERCE MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM I BY MINUTE ACTION. THE MOTION CARRIED 5 -0 (COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT). PUBLIC HEARINGS 2. DR -96 -061 & SD -89 -004.1 - B &N DEVELOPMENT, 21459 SARATOGA HILLS RD.; Request for Design Review approval to construct a new single story, 20 foot tall, 3,997 sq. ft. home on a vacant 1.07 acre hillside parcel pursuant to Chapter 15 of the City Code. The application includes a request to modify an earlier subdivision improvement condition. The property is located within an R -1- 40,000 zoning district. -------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. He informed the Commission that after consulting with the Saratoga Fire Chief, Public Works Department and Planning staff, staff has agreed to waive the requirement to widen the access road to 18 feet. He said that requiring the widening of the access road to 18 feet would cause significant grading and tree and vegetation removal. He said that the ordinance standard is meant to apply to new residences, noting that this is an existing residence. He informed the Commission that the Fire District is supporting the request with the stipulation that a fire hydrant be installed at the terminus of the turn - around. He recommended approval of the design review and the subdivision map amendment with the addition of a condition relating to the rerecording of a reciprocal easement between parcels A and B. Chairwoman Kaplan opened the public hearing at 7:43 p.m. Barry Barnes, B & N Development, informed the Commission that he concurs with staff's recommendation. He noted that the address for the property is incorrectly displayed. He informed the Commission that there are two fireplaces proposed and that he would agree to provide one gas burning fireplace. Interim Planning Director Walgren stated that an address for the property will be assigned within the next few days and that the records would so reflect the correct address. Jerry Jordan, 21463 Saratoga Hills Road, informed the Commission that he resides next door to the proposal. He said that the development would impact him. He furnished the Commission with renderings of his family room in relationship to the proposed deck. He requested that the largest area of the deck be moved towards the west for privacy reasons. He also requested that the trees be replanted up against the fence to provide him with screening and privacy. PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 3 - Interim Planning Director Walgren stated that a landscape plan has not been submitted but that the applicant would be required to install replacement trees equal to a certain value to be planted and to be shown on a landscape plan prior to the issuance of building permits. Commissioner Bernald asked if Mr. Jordon has any trees planted along his property line? Mr. Jordan responded that he has a couple of olive trees that are similar to those to be removed. Mr. Barnes stated that he would agree to plant additional screen trees. He informed the Commission that the location of the deck was the only yard area that the property owner would have. Matt Madison, 21459 Saratoga Hills Road, said that this is a neighborhood of three residences and that this home would make the fourth residence in the area. He informed the Commission that only one car can access the road at a given time. He expressed a safety concern should a second vehicle access the road at the same time. He asked if the access road could be widened to 14 feet if the neighbors agree to share the cost? As an alternative, he requested that a cut out be installed. He stated that this proposal is closest to his home and that he would be viewing the garage from his living room and kitchen area and that his view of the open space would be obstructed. He asked if it was necessary to have a single story home at a height of 20 feet? He asked if there was a request to reduce the setback, noting that a 10 -foot setback is proposed instead of 20 feet? Interim Planning Director Walgren said that the home is proposed to be setback 20 feet from the western property line and 10 feet from an existing easement. The easement is proposed to be relocated to the west so that it is on the property line. He stated that the applicant has informed him that he has worked out the relocation of the easement and that it would not be an issue. He said that the relocation of the easement would need to be resolved between the two property owners before a building permit is issued. He informed the Commission that the original condition to widen the road to 20 feet is the standard subdivision requirement for a minimum access road. This condition was included as part of the 1989 subdivision map approval without consideration of what it would do to the existing road and setting. He said that the 14 -foot road has trees, vegetation and steep slopes right up to its edge. As such, widening of the road would be a major undertaking in terms of grading and vegetation removal to widen the road to 20 feet. He felt that a four -foot turn out could be installed along the side that could be supported by a retaining wall to provide a sufficient turn around. Should a condition be added to require the installation of a turn around, it would be subject to further review. He said that the recommended language would be that the applicant ensures that the road is maintained at a 14 -foot minimum PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 4 - width, if feasible, subject to Planning, Public Works, Fire District and city arborist review. Commissioner Patrick said that she did not like to use "if feasible" because it is a word that can be interpreted in many ways and recommended that it be deleted. Interim Planning Director Walgren recommended that the condition be amended to read: "Widen the road to 14 feet subject to the City's tree protection, grading, and retaining wall ordinances" (subject to the City's applicable ordinances). Mr. Barnes stated that he would agree to move the deck and install trees to protect Mr. Madison's privacy. Regarding the turnout issue, he stated that the road is at 14 feet. He said that he would agree to install a turnout if an area is found that would not impact the existing trees. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:05 P.M. Commissioner Patrick recommended the deletion of "insofar as practicable" from the fourth Whereas of the resolution of approval. She expressed concern with the grading and construction of the home and the future appearance of the hillside. Commissioner Bernald said that at the site visit, the applicant informed the Commission that underground protection measures would be applied to the hillside. Therefore, retaining walls would not be used. Chairwoman Kaplan clarified that the hillside would not be scraped. Interim Planning Director Walgren concurred with the deletion of the wording as recommended by Commissioner Patrick. Commissioner Pierce stated that he could support the project if a turnout is installed and the deck is relocated. COMMISSIONERS PIERCE /BERNALD MOVED TO APPROVE RESOLUTION SD -89- 004.1 AND DR -96 -071 WITH THE FOLLOWING AMENDMENTS: 1) INSTALLATION OF LANDSCAPING TO THE EAST; 2) DECK TO BE REDESIGNED AND SHIFTED TO THE WEST; 3) THE INSTALLATION OF A TURNOUT; AND 4) CHANGES TO THE LANGUAGE AS RECOMMENDED BY COMMISSIONER PATRICK. THE MOTION CARRIED 4 -1 WITH COMMISSIONER PATRICK VOTING NO AND COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. 3. DR -96 -071 - McNEIL & HOWELL, 18642 MONTEWOOD DR.; Request for Design Review approval to demolish an existing 1,500 square foot one -story residence and to construct a new 4,996 square foot two -story residence in its place. The applicant is PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 5 - requesting an exception to the floor area reduction requirement. The property is 43,996 square feet and is located in an R -1- 40,000 zoning district. -------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. He informed the Commission that correspondence has been received from Abbas Haghshenas, 15500 Quito Road, addressing privacy and storm drain issues and traffic safety concerns (i.e., sight visibility and access being obstructed to pedestrians due to the over growth of vegetation at the base of the property along Quito Road). He said that these issues have been addressed in the conditions of approval. He informed the Commission that since receipt of the letter, Public Works Department has cleared the vegetation, eliminating the sight visibility problem. A second letter was submitted by Carole and Robert Williams, 1138 Bent Drive, owners of the undeveloped parcel raising a broader range of issues. Chairwoman Kaplan asked how much area is proposed to exceed the allowable floor area? Interim Planning Director Walgren responded that approximately 394 square feet would have to be eliminated if the floor area exception was denied. Chairwoman Kaplan opened the public hearing at 8:19 p.m. Laura Watkins, applicant, stated that in designing the home, she tried to preserve the property and the existing oak trees. If the exception to the floor area reduction is denied, it would reduce the play area for the children, noting that three quarters of the space is located on the first floor. This design would meet her growing family's needs. She said that she shares the same concerns and the goals that the neighbors have (i.e., drainage, screening, etc.). Chris Spalding, project architect, addressed the concern for privacy. He said that the plans depict two small windows that would look out towards the direction of the vacant lot. He said that the applicant would be willing to plant additional trees to provide screening. He informed the Commission that some trees may have been miss surveyed and that they may be able to be retained. Regarding the issue of the driveway, he said that the driveway was designed per the fire department's recommendation. If the owner of the vacant lot is willing to share in the construction of the driveway, an attractive one can be installed. He said that the driveway, drainage and grading will be designed by an engineer. He felt that these issues can be addressed at a staff level. Robert J. Williams, 1138 Bent Drive, Campbell, said that he was not contacted by anyone regarding the proposal and that his first knowledge of this request was upon receipt of the public notice. He said that some of his concerns expressed in his letter to the Commission have been mitigated. He recommended that the roof PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 6 - gutter drainage and surface runoff be diverted to the creek. He said that the aesthetics of the driveway was not a problem. He said that in his review of the project's file, he could not find that a geotechnical analysis has been conducted to determine the suitability of the soil as a base for a road. He recommended that the geotechnical engineer be required to investigate this issue. He addressed the request for floor area reduction. He expressed concern that a two -story home is proposed. He felt that the home is being crammed to the northeast corner. He suggested that the visible mass of the building (west facing wall) be mitigated to eliminate the bonus room. This would result in that room overlooking his home. Chairwoman Kaplan informed Mr. Williams that all construction is subject to engineering standards as part of the review process. She noted that Mr. Williams does not have a home constructed on his lot and asked how he would know what the impact of the two story home would be? Paul Malloy, 18666 Montewood Drive, asked if the road easement would be located on his property? He asked if a 30 -foot front setback is proposed? He said that the garage appears to be within the front setback requirements. Interim Planning Director Walgren said that the garage is within the setback requirement. Doris Odineal, 18634 Montewood Drive, expressed concern with the numbering of the home. She said that over the past several years, several individuals, including emergency vehicles have come to her home asking where this lot is located. There are Eucalyptus trees on the site that are a hazard to the power lines (trees 13 and 14) and felt that they needed to be heavily topped or pruned. Charles Colvin, representing his parents who reside at 18754 Montewood Drive, asked if there would be an easement. He said that the access road was widened approximately 20 years ago and asked if it would be further widened? He asked why a floor area reduction is being requested. He also asked when construction is to commence and construction to be completed? He said that his main concern was the easement required for the access road and who would be paying for its construction. Pius Soleimanpour, 18692 Montewood Drive, expressed concern with the access road. He asked if the access road is to be paved according to city standards and when is it being installed? Are easements going to be required? Is there to be compensation to the existing homeowners? He recommended that the bottleneck on Quito Road be mitigated. He said that he did not agree that there was a predominance of two story homes in the neighborhood. Abbas Haghshenas, 15500 Quito Road, informed the Commission that he resides across the street from this project. He provided the PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 7 - Commission with a photograph depicting the existing home on the subject property. He noted that his family room, children's room, living room and his library, would have a view of the upper portion of the existing home. If a second story is built, it would also be visible. He felt that additional screening and the installation of fencing would mitigate his privacy concerns. Also, of concern is storm drain. He said that water is coming down the hill onto Quito Road and that it drains onto his property. When the catch basin is plugged, water runs off to the creek. He said that flood insurance does not cover this runoff problem. The most important issue is that of public and traffic safety as the property goes from seven feet to one foot of visibility. He said that a couple of accidents have occurred due to the one foot narrow shoulder. He said that he would support the construction of a nice home. Susan Robert, 18736 Montewood Drive, stated that she was disappointed that she was not notified of the proposal. She said that the residents of the flag lot would use her paved driveway to access the property. She expressed concern with the use of her driveway and its decay with additional use. She also expressed concern with the safety of pedestrians and traffic with the condition of Austin Way. Desmond Johnson, 15181 Becky Lane, informed the Commission that he owns the property located across the street on Austin Way. He expressed concern with the trees and the visibility of the home. He requested that as many of the existing trees be maintained. He felt that the home was well thought out and designed to preserve the oak tree(s). He requested that additional landscaping along the creek be required to provide additional privacy. Mr. Spalding informed the Commission that the driveway serves four lots and that it would stay with the current easement. The driveway that is partially paved and graveled would be paved. He said that the fire department requires that an all surface road be installed. It is proposed to install a road base with an asphalt topping because the road would get damage during construction. He said that the owner would be willing to install additional screen trees. The house was designed so that it looks out to the south, away from the neighbors concerned about their privacy. He said that the east elevation would be facing Quito Road and that one bay window is to be located on the second story that would be looking out onto Quito Road. He noted that the home would be setback approximately 30 feet further back from Quito Road. Interim Planning Director Walgren said that the dust created during construction would need to be wetted down during construction. COMMISSIONERS PIERCE /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M. PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 8 - Interim Planning Director Walgren said that an engineered grading and drainage plan was submitted. Prior to the issuance of permits, these plans would need to be reviewed by the City's consulting geologist, the City's engineering staff and the Santa Clara Valley Water District. The intent is to collect the runoff and direct it down into an outflow in the San Thomas Aquino Creek so that it does not sheet flow to the west, east or south. He said that there may be some sheet flow along the existing driveway length all the way to Montewood Drive that would be similar to what currently exists. Regarding the roadway, he indicated that the roadway is not subject to the geologist's review. However, a preliminary plan has been submitted at time of application submittal and that it has been made available for public review. He said that the design is compatible with the city's roadway requirement. Regarding the Quito Road improvements, he felt that the Public Works Department has addressed the concern to the degree that the applicant should be subject to relative to construction of the home. He stated that the city's public noticings are based on the most recent tax assessor's roll. Individuals within 500 feet are sent notices and that staff would investigate why a long term resident was not noticed. He said that it would be up to the applicant to apply with the city to correct the duplicate street address. Commissioner Abshire stated that several concerns were addressed this evening. He said that he would like to have additional time to study the issues before making a decision on the request. Commissioner Patrick stated that she has listened to the concerns of the neighbors and that the concerns may be due to the lack of understanding and not reviewing the City's files. She said that her concern regarding the two proposed driveways has been addressed (i.e., the two driveways have been combined to avoid additional pavement) . She felt that the proposed home was nicely designed and that it was in an area that has two story homes. She noted that the corner of Austin Way was not in the City Limits. Commissioner Pierce said that he was familiar with the area, noting that it is in an area of nice homes and that the area is beautifully maintained. He felt that the home would be a nice addition to the neighborhood. He acknowledged the problems on Quito Road but did not believe that they can be mitigated unless a major public works project is undertaken. He stated his support of the project. Commissioner Bernald concurred with the comments as expressed by Commissioners Patrick and Pierce. She said that the applicant has agreed to install additional trees to address the neighbor's privacy concerns. She recommended that there be future discussion on the exceptions to floor area reduction as the Commission is seeing more of these type of requests. PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 9 - COMMISSIONERS PATRICK /PIERCE MOVED TO APPROVE RESOLUTION DR -96 -071 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 4 -0 -1 WITH COMMISSIONER ABSHIRE ABSTAINING AND COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. 4. DR -97 -004 - AOKI, 19225 BROOKVIEW DR.; Request for Design Review approval to allow a new 729 square foot second story and 10 sq. ft. addition to the existing first floor of an existing 2,265 square foot one -story residence. The property is 9,375 square feet, and is located in an R- 1- 10,000 zoning district. -------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 9:02 p.m. Ms. Aoki, applicant, addressed the design of the home and requested Commission approval. COMMISSIONERS BERNALD /PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 9:03 P.M. Commissioner Pierce stated that he did not have an opportunity to see the home but that he was familiar with the neighborhood. He said that he was a little concern with approving a second story home in the neighborhood. However, the request appears to be reasonable design of a second story home. Commissioner Patrick said that she was also familiar with the neighborhood. As there was no neighborhood opposition to the second story addition, she could support the request. Commissioner Abshire felt that the neighborhood was moving towards a two -story neighborhood as individuals need additional living space and that he would support the request. COMMISSIONERS PATRICK / BERNALD MOVED TO APPROVE RESOLUTION DR -97- 004. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. 5. DR -97 -006 - ROGAN, 20281 ORCHARD RD.; Request for Design Review approval to demolish major portions of an existing one - story 1,945 square foot residence and construct a new 2,341 square foot two -story home in its place. The applicant is requesting an exception to the floor area reduction requirement. The property is 8,180 square feet and is located in an R -1- 10,000 zoning district. -------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. He informed the Commission that staff received two letters and that they were attached to the staff report. One of the letters was in PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 10 - support of the request by an area resident. The other letter is from a neighbor located to the rear of the property expressing concern with the loss of mountain views. He said that staff took this letter into consideration. Staff felt that a large view shed would remain, noting that there were no other options to site the home. Therefore, staff recommends approval of the request. Chairwoman Kaplan noted that one of the letters addresses the inclusion of the old house in the square footage. Interim Planning Director Walgren said that a 1,000 -foot basement is below grade and that it was not included in the floor area. However, the square footage does include the two accessory structures. Chairwoman Kaplan opened the public hearing at 9:06 p.m. Bob Rocksmith, project architect, informed the Commission that the property owners wanted to design a home that was compatible with that of the neighborhood. He requested Commission approval of the request. COMMISSIONERS PATRICK /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:07 P.M. Commissioners Pierce and Bernald felt that the design was a charming one and that it would fit nicely with the neighborhood. Commissioner Abshire stated that he was sympathetic to the individuals with single story homes. He said that this was a factor to consider. However, in this instance, the applicant designed the home to impose on the neighbors as little as possible. Therefore, he would support the request. COMMISSIONERS PATRICK /PIERCE MOVED TO APPROVE RESOLUTION DR -97 -006, MAKING THE FINDINGS TO SUPPORT THE EXCEPTION TO THE FLOOR AREA REDUCTION. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. 6. DR -96 -049 - LEE, 21097 COMER DR.; Request for Design Review approval to construct a new 5,439 sq. ft. two -story residence pursuant to Chapter 15 of the City Code. The subject property is 1.95 acres, located in an R -1- 40,000 zoning district. ------------------------------------------------------------- Interim Planning Director Walgren presented the staff report. He said that staff recommends that the applicant submit a muted earthtone material board for this project. Commissioner Abshire felt that the home would be visible to areas below. He felt that it would be less visible if the home was setback 50 feet further back on the lot (reverse the rear and front setback) . PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 11 - Chairwoman Kaplan stated that Commissioner Abshire 's recommendation would make the home visible to the valley floor. Interim Planning Director Walgren said that there was not enough room to shift the home to the north due to the 25 -foot setback requirement from the landslide. Chairwoman Kaplan opened the public hearing at 9:18 p.m. Terry Martin, project architect, stated that the home could not be moved to the north because it would impact the hillside. The home could be moved ten feet closer to Comer Drive. He did not know whether 5, 10 or 15 foot setback would gain much in terms of visibility. He said that the design is for a single story element with a basement. He felt that the single story design was handled in the best way possible. Chairwoman Kaplan inquired about the grading activity. She asked where all the dirt is going to go? Mr. Martin stated that most of the dirt will be transported off site. Commissioner Pierce said that he encourages the design of basements. He said that a 26 foot tall home, including the basement would require some digging. Interim Planning Director Walgren stated that the Commission needs to keep in mind that should the house be moved to the west, it would be sited at a higher elevation. Mr. Martin felt that a solution to the concern was to lower the roof pitch to mitigate the visibility concern. Commissioner Abshire stated that the design was that of a high, front profile home. He felt that the homes to the east would be looking at this high profile home. Chairwoman Kaplan felt that one thing that would make the home less visible would be to change the color of the home. COMMISSIONERS PATRICK /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:23 p.m. Commissioner Patrick said that she would support the request if the roof color was muted with earth tone colors, subject to staff's approval and that there is a reduction in roof pitch. She stated that she also supports the use of basements. She felt that should the home be setback further, it would impact other views. Commissioner Abshire stated that he would have a problem approving the request as it is a high profile lot and that it would be PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 12 - visible to the homes to the east. He felt that another design would mitigate this concern. Commissioner Pierce said that he understood Commissioner Abshire's concern but that he would support the request. Chairwoman Kaplan said that she would support the request if the color of the roof is changed and the pitch of the roof is lowered. COMMISSIONERS PATRICK /PIERCE MOVED TO APPROVE RESOLUTION DR -96 -049 WITH THE STIPULATION THAT WITH ROOF COLORS BE MUTED PER STAFF'S APPROVAL AND THAT THE HEIGHT AND THE PITCH OF THE ROOF IS TO BE REDUCED BY 1.5 FEET. THE MOTION CARRIED 4 -1 WITH COMMISSIONER ABSHIRE VOTING NO AND COMMISSIONERS MURAKAMI AND SIEGFRIED ABSENT. DIRECTOR ITEMS Interim Planning Director Walgren addressed the grading activity that has occurred on parcel A on Saratoga Hills Road. He said that a grading inspector would be sent to investigate if a grading permit is needed for the grading that is taking place. Staff would monitor the stock piling that is occurring and make sure that the stock pile is removed before fall arrives. He informed the Commission that the property owner has implemented erosion control measures. COMMISSION ITEMS 1. GNU Group; Lighting Plan for Quito Village Shopping Center. The project's electrician and Susan Bowers responded to questions raised by the Commission and demonstrated the proposed lighting system. BY CONSENSUS, THE COMMISSION APPROVED THE LIGHTING PROPOSAL AS PRESENTED BY THE APPLICANT. Chairwoman Kaplan furnished staff with a Finders Keeper's literature packet distributed at the Planning Commissioner's Institute on "findings." She recommended that the document be circulated among the Commissioners. She said that one of the session's she attended was entitled "Why Develop." She said that Don Weden, Santa Clara County Planning Department, made a presentation on how well the cities in Santa Clara County are doing. Commissioner Bernald said that after atteending the Planner's Intitute seminar and hearing other cities' situations, she appreciated staff and their professionalism tremendously. She said that she attended the March 17 Bicycle Advisory Committee meeting. She informed the Commission that efforts are being made to install the Juan Bautista de Angeles Natural Historic Trail connection that PLANNING COMMISSION MINUTES MARCH 26, 1997 PAGE - 13 - is proposed to go through Saratoga on the Southern Pacific Railway area easement. Commissioner Patrick felt that the Commission is fortunate to have its staff. She said that she found the finding's session to be illuminating and that she found the transportation sessions interesting. 2. Appointment of New Commission Chair & Vice - Chair. BY CONSENSUS, THE COMMISSION DEFERRED THE APPOINTMENT OF A NEW COMMISSION CHAIR AND VICE CHAIR TO ITS FIRST MEETING IN APRIL. COMMUNICATIONS Written 1. City Council Minutes dated 2/25/97, 3/5/97 & 3/11/97 2. Planning Commission Notices for 4/9/97 3. Planning Commission notices for 3/26/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 9:42 p.m. to 5:00 p.m., Wednesday, April 9, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT \PC032697.SAR 3NNING COMMISSION MINUTE MARCH 12, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Kaplan called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Kaplan, Murakami, Patrick, Pierce, Siegfried s Late: None Absent: Bernald Staff: Interim Planning Director Walgren and City Attorney Fabian. Min - 2/26/97 COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE THE FEBRUARY 26, 1997 MINUTES AS WRITTEN. THE MOTION CARRIED 4 -0-2 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSTAINING AND COMMISSIONER BERNALD ABSENT. Oral Communications No comments were offered.. Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 7, 1997. Technical Corrections to Packet No corrections were noted. IV—IN M;w 2 1 1. SD -96 -005, UP -96 -004 dt V -97 -003 - EITZEN, END OF OLD OAK WAY OFF PIERCE RD.; Request for Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four individual lots of 5.6, 2.6, 2.4 and 2.2 net acres. Approximately 17 acres would be dedicated as open space. Use Permit approval is requested to allow the four lots to be clustered together, thus allowing the open space dedication. Variance approval is also requested to allow a potential future Lot 3 structure to be located on a City identified Major Ridgeline - more restrictive building height limits are applied to ridgeline lots. The property is located within a Hillside Residential (HR) zoning district (cont. to 4/9/97 at the request of the applicant; City review deadline is 8/5/97). PLANNING COMMISSI( MINUTES MARCH 12, 1997 PAGE - 2 - Interim Planning Director Walgren informed the Commission that the applicant's representative, Mr. Matteoni, is requesting that this item be continued to April 9, 1997. He indicated that staff did not object to the continuance as the City's responsibility to review this project is not until August 5, 1997. He noted that two letters were received since the last meeting from Dora Grens, 13451 Old Oak Way, and Cheriel Jensen, 13737 Quito Road, expressing their concerns with the environmental initial study. He indicated that staff would respond to these two letters at .a subsequent meeting. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM I BY MINUTE ACTION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER BERNALD ABSENT. PUBLIC HEARINGS 2. DR- 96-073 & V -97 -004 - ROSKOPP; 12468 TED AVENUE; Request for Design Review approval to construct a new 4,435 sq. ft. one -story single family residence and Variance to allow a 25 -foot front yard setback where 47 feet is required. The applicant is also requesting an exception to the floor area maximum of 4,173 square feet allowed for the lot. The property is 21,240 square feet, and is located in the R- 1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He said that staff supports the design review and variance from the front yard setback requests. However, staff did not find that there was a majority of two story homes in the neighborhood to support the request for floor area reduction. Chairwoman Kaplan opened the public hearing at 7:39 p.m. Lynne Birch, project architect, stated that there were several obstacles that hindered development of the site (i.e., Santa Clara Valley Water District easement bisects the site, a 47 foot front setback is proposed with an extensive rear setback, and two oak trees). These constraints result in 90% of unbuildable area. It is proposed to remove two oak trees located within the building envelops with a replacement value to be given, retaining the other two oak trees. A request for an exception to the maximum square footage is being made because the height of the roof is proposed to be over 18 feet. She said that the exception would still comply with the maximum allowed for the site. She felt that there were several two story homes in the neighborhood and one single story home with a height of over 18 feet in the area. Therefore, she felt that the home was compatible with the homes in the neighborhood. The site is located adjacent to the railroad tracks with streets located to the front and rear of the property. She did not believe that there would be a great impact to the neighbors (i.e., blockage of views or shadows). She also noted that remodels in the area are adding interest and diversity to the neighborhood and that this home would be a positive addition to the neighborhood. Lepa Galeb- Roskopp, applicant, said that a large home was needed to accommodate her large family. She noted that there were a number of two story homes in the neighborhood with the same roof pitch. She felt that the design would add to the neighborhood. PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 3 - COMMISSIONERS SIEGFRIED /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Commissioner Siegfried said that he did not have a problem with the request, particularly when you look at eight trees through the roofline. Commissioner Patrick said that she did not oppose the variance to the setback but that she could not support the exception. She stated that she did not want to lose the tree located to the left of the lot. She recommended that the home be moved closer to the railroad track and that the home be reduced in square footage. She said that the height of the home does not bother her but killing the oak-tree does. She recommended that the applicant do whatever she could to save the tree. Commissioner Abshire agreed with the comments as expressed by Commissioner Patrick. He supported the removal of one oak tree but recommended that tree number three be saved to balance the property. Commissioner Siegfried recommended that the square footage be retained but that the home be reconfigured to save the tree. Chairwoman Kaplan supported the comments as expressed by Commissioner Patrick because the removal of the tree would detract from the value the property and that of the adjacent property if the larger tree is removed. Commissioners Murakami stated that he liked the design of the home and agreed that the tree should be saved. Commissioner Pierce felt that the tree at the edge of the property line could be saved with a redesign and a reduction of the structure. Interim Planning Director Walgren stated that it needs to be clarified whether the Commission is approving the floor area reduction. If approved, the floor area can remain as it is if the applicant can redesign the home to shift it away from the tree. Otherwise, the floor area would need to be reduced by a minimum of 250 square feet. Chairwoman Kaplan referred to page 9 of the arborist report which states that "Trenching for utilities shall be shown on the site plan and located, as much as possible, outside of the driplines of all trees which will be preserved during construction. She recommended that possible" be deleted. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION V -97 -004 PER THE STAFF REPORT. THE MOTION CARRIED 6 -0 WITH COMMISSIONER BERNALD ABSENT. PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 4 - COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION DR -96- 073 WITH THE FOLLOWING MODIFICATIONS: AMENDING CONDITION 6A, LAST BULLET, TO DELETE -A& MUCH -PO&SIBL ✓ "; THE ADDITION OF A CONDITION TO STIPULATE THAT THE HOME BE IS TO BE RECONFIGURED /MOVED TO SAVE THE OAK TREE; AND APPROVAL OF THE FLOOR AREA REDUCTION EXCEPTION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER BERNALD ABSENT. 3. DR -96 -044 - GIRAUDO; 20791 REID LANE; Request for Design Review approval to construct a 586 square foot second story addition to an existing 1,944 square foot one - story home. The applicant is also requesting an exception to the floor area maximum of L,406 square feet allowed for the lot. The property is 13,298 gross square feet, and is located in the R- 1- 40,000 zoning district. Interim Planning Director Walgren presented the staff report. He said that staff finds that there are a number of two story homes in this particular part of town that would support the exception to the floor area reduction rule. Chairwoman Kaplan opened the public hearing at 7:49 p.m. No testimony was offered on this item. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. Commissioner Siegfried stated that he did not have a problem with the request as it appears to be a reasonable one for the area. Commissioner Murakami said that in looking at the plans, he did not see any place else to place the addition. COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO APPROVE RESOLUTION DR -96- 044. THE MOTION CARRIED 6 -0 WITH COMMISSIONER BERNALD ABSENT. 4. DR -97 -009 - BONYADI; 13061 MONTROSE STREET; Request for Design Review approval to demolish an existing 1,344 square foot one -story home and to construct a new 3,273 square foot two-story home. The property is 11,200 square feet, and is located in the R- 1- 10,000 zoning district. Interim Planning Director Walgren presented the staff report. He noted that the proposed home is much taller and more elaborate than the existing, very low 14 to 15 foot tall, single story homes in the neighborhood. He said that there seems to be a lot of community support for two - story home remodels. He noted that this development backs up to a 94 -unit development that are similarly two -story in height and square footage. Based on these findings, staff recommends approval of the design review application with the tree replacement requirement as recommended PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 5 - by the City arborist, including the two street trees. Commissioner Murakami noted that the home directly behind this property has trees planted to screen it from the home. He asked if the applicant proposes to install screen trees to augment the neighbor's screen trees? Interim Planning Director Walgren stated that landscaping is required as replacement value for the trees being removed as well as the two street trees in the public right of way. The remaining trees are to be planted at the homeowner's desire. He said that the condition could be clarified to require the planting of additional screen trees along the rear property. Chairwoman Kaplan opened the public hearing at 7:59 p.m. Dr. Kevin Bonyadi, applicant, stated that a 42 foot rear setback is proposed and that he did not believe that this two -story home would impact any of the adjacent neighbors. He noted that existing trees provides 20 to 25 feet of screening. He said that he would not object to the installation of additional screen trees. Commissioner Murakami said that additional screening would provide Dr. Bonyadi with privacy as the two, two story homes would have bedrooms looking into each other. However, he would not condition the application to require additional screen planting. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 8:02 P.M. Commissioner Pierce said that the rear neighbor has planted five trees and that he was not sure that additional trees would provide additional screening. He felt that the design would add to the neighborhood. Chairwoman Kaplan recommended that Condition 5.a, second bullet located on page 8, be used as a standard to prohibit the stock piling of debris under trees. COMMISSIONERS MURAKAMI /SIEGFRIED MOVED TO APPROVE RESOLUTION DR -97- 009. THE MOTION CARRIED 6-0 WITH COMMISSIONER BERNALD ABSENT. 5. DR- 96 -053, UP -96 -015 - SHOCKLEY; 15185 QUITO ROAD; Request for Design Review approval to construct a new single story, 5,632 square foot home and a request for Use Permit approval to place a new detached garage, at a maximum height of 13 feet, in the required rear yard setback pursuant to Chapter 15 of the City Code. The site is 40,000 square feet in area and is located in the R- 1- 40,000 zoning district. Interim Planning Director Walgren presented the staff report. Chairwoman Kaplan said that there seems to be confusion in the arborist report over the various plans not depicting the location of the trees. She asked how the Commission is to make a PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 6 - decision if it is not known whether or not trees exist on site. Interim Planning Director Walgren said that the City arborist's recommendations were resolved based upon the review of a final plan that was accurate. Chairwoman Kaplan opened the public hearing at 8:00 p.m. Richard Augustine, project designer, addressed the location of the trees on the property. He said that he took the tree locations from the tentative map and that it was determined that the trees were not properly located. He said that at a site visit, the trees were properly located. He said that none of the neighbors would be able to view the bedrooms. He noted that the home is of a low profile and that he tried to conform as much as possible to the City of Saratoga requirements. Commissioner Patrick asked if the reason the driveway was so large was because of the way the house was sited? Mr. Augustine responded that the driveway was designed to maintain the integrity of the trees. Dan Jenkins, 15201 Quito Road, owner of property to the rear of this site, expressed concern with the placement of the driveway close to his garage. He said that his house sits higher and looks down to this lot. He requested that additional screen planting be required to mitigate bedrooms looking into bedrooms for privacy reasons and to protect his property value. Richard Shockley, applicant, informed the Commission that his engineer was present this evening should the Commission have questions regarding grading. He said that he was not adverse to installing additional screening. COMMISSIONERS SIEGFRIED /MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:15 P.M. Interim Planning Director Walgren informed the Commission that staff anticipated the need for additional screening and that it was included as a condition of approval. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO APPROVE RESOLUTION UP -96- 015. THE MOTION CARRIED 6-0 WITH COMMISSIONER BERNALD ABSENT. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO APPROVE RESOLUTION DR -96- 053. THE MOTION CARRIED 6-0 WITH COMMISSIONER BERNALD ABSENT. 6. SD -96 -002 & UP -96 -001 - WONG /CIVITAF CORP., CHIQUITA COURT; Request for Tentative Parcel Map approval to subdivide a 26 acre hillside parcel into five individual lots ranging in size from 1.1 to 3.2 net acres. Approximately 15 acres would be dedicated as open space. Use Permit approval is requested to allow the lots to be clustered together, thus allowing the open space dedication. Lot 1 is proposed to access off Comer Dr. Lots 2 - 5 would be accessed via an extension of Chiquita Ct. The PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 7 - property is located within a Hillside Residential (HR) zoning district. An Environmental Impact Report has been prepared to identify potentially significant environmental impacts resulting from the proposed subdivision. The Draft EIR has been made available for public review and comment for a period of 45 days. Written comments received during the review period, and testimony taken at the March 12th public hearing, will be included with responses in the Final EIR. Chairman Kaplan informed the public that the Commission would be taking testimony solely on the contents of the EIR this evening. Commissioner Siegfried recommended that comments be taken this evening and that this item be continued to a study session as he would like to review the EIR in more detail. He said that this was the most difficult EIR that he has reviewed and that he would like to understand it. Interim Planning Director Walgren presented the staff report. He stated that the request is to subdivide 26 acres into five single family residential building sites. It also includes a request to allow the lots to be clustered together on the knoll. He informed the Commission that Parsons Engineering Science was contracted to prepare the EIR. He presented the Commission with a background history of the site. This application is being made by Ed Daou in place of Mr. Wong. He said that Parsons Engineering Science (PES) has prepared a draft EIR for this most recent submittal, acknowledging changes to the map and changes that have occurred to the property over the past four years. The draft EIR was made available to the public via mailed Notices in the middle of January and was also published in the Saratoga News on January 22, 1997. He informed the Commission that three written letters were received addressing the draft EIR. These letters and any other testimony received tonight or at subsequent meeting(s) would be addressed and incorporated in the final EIR. Once the Commission acts on the final EIR, it would then move to project consideration. He said that the EIR is not intended to solve all of the identified environmental impacts associated with the project. The EIR identifies the impacts and analysis the mitigation measures that would address the impacts. The EIR is an informational document for the Planning Commission to then make decisions on the application itself. He said that the Planning Commission can go through the process and certify the EIR but can ultimately reject the project. He introduced Nannie Turrell, project manager PES, overseeing the preparation of the draft EIR. Nannie Turrell, PES, addressed the findings of the EIR and identified the six topic areas to be addressed as follows: geotechnical, hydrological, biological, traffic, noise, and cultural resources. She said that the project was inconsistent with three General Plan Land Use policies. She said that development of the site would be inconsistent with Policy 1 because of the earth movement and the extent of grading that would need to be made to stabilize the site's slope. Also, Policy 3 would be affected because of the native trees that would be removed for site development. PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 8 - Ms. Turrell said that there were some inconsistency in the EIR as two arborist reports were received by PES. She said that the latest arborist report would be used. She stated that there were a total of 101 trees on site and that 69 trees are proposed to be removed (57 oaks that over 10 inches in diameter, 8 bay laurels that are over 10 inches in diameter and 4 bays /oaks that are less than 10 inches in diameter. The EIR recommends revegitation of the slope moving keyway. She said that mitigation impacts were found not to be sufficient to reduce the project to a less than significant level. Ms. Turrel addressed the following: Hydrology Impacts: The impacts associated with this site would be the potential increase in water runoff and sedimentation during construction, increasing the potential for `landslide. A soils engineer storm drain plan could decrease the sedimentation. She said that the installation of landscape could help mitigate these impacts. Geology Impacts - The most important impact found was that private structures could be damaged by landslides. She addressed the potential mitigation measures (i.e., soils study, provide sufficient setbacks from landslide areas, stabilization of the access road). It was also recommended that the City's consultant, Larry Cotton's recommendations relating to landslide and that they be incorporated. The potential damage from earthquakes to structures due to slope instability would need to be mitigated primarily through the geotechnical reports to be prepared and approved by the City. The developer would need to prove soil stability before issuance of a grading permit for construction. Traffic impacts - Noise would be primarily associated with construction and can be mitigated by following noise control standards. Visual impacts - This is an area where lighting can be an impact. This can be mitigated by the review and, approval of an outdoor lighting plan consistent with the existing Residential Design Guidelines. Cultural Resources - The site was not found to be a cultural resource. A standard mitigation that would apply would be the stoppage of construction and that an archeological survey be conducted. Biome - The site contains wildlife habitat. As a mitigation measure, it is recommended that a continuance of the open space corridor be maintained along the back of lots 3 and 4 to allow wildlife to move thru. Ms. Turrell addressed three access alternatives to the site. Access from Chiquita Way was considered to be a geotechnical problem. She indicated that a through road would have the greatest visual impact. Commissioner Siegfried said that he has been a long time area resident. He asked Ms. Turrel to rate the difficulty of the site on a scale of 1 to 10. Ms. Turrell responded that in terms of land use, she considered the site to be a 10 in terms geotechnical difficulties. PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 9 - Chairwoman Kaplan said tfiat the draft EIR does not describe nor addresses specific mitigation measures. She asked if the mitigations would not be significant to be considered a reduced impact? She said that she did not understand the outcome of the chart located on Table 1.1. She noted that the site contained landslide areas and asked how one would get rid of a landslide? She requested a definition of a "keyway." Ms. Turrell said that the site can be engineered for development with the removal of the problematic landslide. She said that it would take extensive engineering to make the site safe and stable for development. Ray Skinner, project geologist, stated that the general procedure for landslide repair would be to excavate the landslide debris to the bedrock, breaking the weak surface of the slide. You would establish a flat area on bedrock, referred to as a keyway. He indicated that it would take anywhere from five to twenty feet in depth to reach the bedrock. The earth above the bedrock would be moved to an area needed for engineer fill. It would then be compacted to engineering standards to prevent future landslides. Commissioner Patrick stated that development would result in the removal of trees and scraped earth. Mr. Skinner said that vegetation would be removed in the graded area. Once the slides are removed and fill is placed back, it will appear as bare dirt until such time that landscaping and vegetation are established. He said that there would be no tree removal to the north side of the site closest to Chiquita Court. Commissioner Murakami asked if the technical appearance of the site would be the scraping of earth to bedrock? He also asked if the earth is to be removed and recompacted back into the original space that it occupied or whether large retaining walls would be used to hold up whatever stable soil is left, resulting in reallocation of the compacted soil back in the area to make it stable? Mr. Skinner said that the finish grade would be different than the grade that is currently seen at this time. In order to generate a flat space for the road, retaining walls would be proposed on the downhill side of the road. There would be alter t i on . Commissioner Patrick asked how tall the proposed retaining walls would be for the roadway and bridge area? Mr. Skinner responded that it was his belief that the retaining walls would be constructed six to eight feet in height. Chairwoman Kaplan said that the EIR document contains a statement that the retaining walls would be larger than allowed by state law. Mr. Skinner said that there were no laws that limit the height of retaining walls, noting that the cost of the retaining wall would dictate its height. He indicated that soil can only be compacted at an optimum moisture. PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 10 - Fred Kintzer, geologist, concurred that the proposed solutions are workable and geotechnically feasible. Earlier, it was thought that there may be a solution to cross landslide area H with roadways without massive grading_, However, in recent years, it was found that the landslide areas may not be dormant as initially thought. Commissioner Siegfried asked Mr. Kintner to rate the site on a 1 -10 scale with 1 being the easiest and 10 the most difficult. Mr. Kintzer responded that technically, development of the site was not difficult as he has seen much larger grading projects and landslide repairs on steep terrain. In terms of amount of landslide, he said that it was in the high difficulty range because of the .proximity of so many landslide areas, a number of which are active. Also, surface erosional features are evident on site.' He said that landslides are independent of earthquakes and tend to be slow evolving features. Chairwoman Kaplan said that the city's geologist informed the Commission that bedrock also slides. She asked what guarantee there would be that the bedrock would not slide? Mr. Kintzer responded that there are engineering means to correct the extra moving that would be generated by an earthquake. If measures are incorporated in the geotechnical design, it would add an increment of safety in terms of strength and size to correct for a 20 percent force. If careful analysis is prepared and proper methods are used, the site can be made safe. He informed the Commission that the San Andreas fault was located 2.5 miles from the project site and that the Hayward Calaveras fault was located 16 to 18 miles away. Ms. Turrell further indicated that a fault is located 1 mile to the northeast. Commissioner Siegfried asked if there was anyway to know that once you dig down and return the soil, that the same situation would not occur. again? Mr. Kintzer said that soil removal involves bed change in key locations. When you remove the landslide, you create a step surface. The recompaction, in addition with the use of stronger material would create a b u t t r e s s . Gary Halsey, biologist, summarized the biological impacts associated with the project as being the massive remedial grading that would take place to make the site geotechnical feasible and safe. The two acre area of the site to be developed contains a combination of oak bay woodland and coastal chaparral which are considered a riparian habitat. The most valuable habitat on the site is the valley oak, located in the contiguous corridor used by birds and mammals. Mr. Halsey addressed the impacts on a local scale versus a regional scale. He felt that there is more than an adequate tree count on site. Half of the tree removal would occur in the two acre area due to the proposed construction of the access road and the installation of a storm drain system. The trees to be removed in the area are the largest trees. It was investigated to see if it would be possible to engineer a road in a way that you would not have to have extensive landslide removal. It was found that a steep retaining wall would be required. Mr. Halsey said that a restoration plan has been designed to replant the site with riparian species of the same kind but that it would take 50 years to establish a riparian habitat. Regarding impacts to wildlife associated with the construction of the bridge, Mr. Halsey said that it would not be PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 11 - a great impact. The bridge could be located in such a way to minimize drainage and not restrict wildlife movement. He indicated that wildlife does not walk along drainage but that wildlife walks along the sides of hillsides. He noted that lots 3, 4, and 5 are to be maintained as open space without fencing and that this would provide access from the lower area to the higher open space areas. Mr. Halsey also addressed hydrology. He said that the project site contains a high erosion potential. With the massive amount of grading that is proposed, the potential risk would be significant. He said that it would be important to have remedial grading performed to mitigate drainage erosion. Commissioner Siegfried asked if this project would add a lot of sediment to the existing catch basin located on Comer Drive? Mr. Halsey responded that additional sedimentation could occur. He said that it would be the responsibility of the city to make sure that the proper erosion control plan is implemented. He felt that a good erosion control plan can mitigate impacts (i.e., minimize grading, staking the graded areas, use of erosion control techniques). He said that the erosion control plan is only as good as its administration. He recommended that the contractor designate someone to be responsible for the implementation for the erosion control plan. City Attorney Fabian said that Impact No. 2 talks about the potential stream bed erosion. She said that a mitigation measure addressed was the proper design of foundation for drainage control. She said that it was possible to control erosion if a properly engineered drainage /erosion control plan was prepared. She said that sometimes you have a mitigation that tells you to do something and that under CEQA law, it often raises the question of whether one has adequately identified the impacts and the mitigation measures. Through the EIR process, the impacts are identified and mitigations established through engineering techniques that can be considered less than significant impacts. Chairwoman Kaplan asked if the City Attorney was suggesting that the report does not contain details of what can be done to mitigate the site's conditions. City Attorney Fabian addressed the Sun Stream case. This case states that you have to have an analysis of the impacts. Once the impacts are identified, you have to identify mitigations that will resolve the problems. If an accepted engineering technique is identified, then you really do not need to know, at the point of approving the EIR, which mitigations will be required. Mitigations need to be identified that will resolve the issues. Then you go onto the policy and aesthetics of which would look better. You may have a condition that is difficult or unusual. It may not be known if there is a well established technique that would mitigate the condition. In this case, the EIR would need to go a step further. She did not believe that it was the situation in this case based on the summary description provided. For CEQA purposes; the Commission needs to know that there are accepted ways of deal with what the EIR is stating. Commissioner Siegfried asked the City Attorney if the Commission can ask the applicant what exactly is being proposed and focus the EIR on this proposal? PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 12 - City Attorney Fabian said that the Commission received testimony on landslide repair. She said that repairs of landslides is commonly performed and often times, successfully done. She felt that it may be helpful to have a commentary .in the final EIR that explains how one repairs a landslide. It may also be important to know what a keyway is, why it is called a keyway, its location, and how does the interlocking of the new and the original bedrock material work. She felt that technical information can be very helpful if appended to the final EIR. A clearer site plan that shows the finished grade would also be of benefit. Chairwoman Kaplan clarified that the type of mitigations that would be applied to the project was not under consideration at this time. The Commission is reviewing and considering the comments expressed by the experts that state that the impacts can be reduced to non significant levels. The Commission is not reviewing the difficulty and the cost of site construction. City Attorney Fabian said that the Commission would also need to review secondary impacts. She said that all significant impacts would need to be included in the EIR. Chairwoman Kaplan opened the public hearing at 9:36 p.m. Ed Daou, applicant/builder, stated that he has built similar projects over the past 12 years and that some sites were more difficult than this site. He said that the site contains 26 acres with only 2 -3 acres being disturbed and 16 acres to be left in open space. Development of the site would be very small in relationship to the entire site. He said that erosion and landslides have occurred to the site, but that they have stabilized themselves over the past years. He said that the proposed development would solve several problems (i.e., sewer and storm water runoff). He indicated that he would propose to cluster four homes. He said that he is investigating engineer solutions to solve the storm drain problems. He did not believe that the construction of the bridge would significantly impact the wildlife habitat. Commissioner Siegfried asked Mr. Daou if any thought was given to the noise impact of traffic going across the bridge in the canyon and its impact to the neighbors next door and below the property? Mr. Daou said that the factors that contribute to noise were weight and speed. He felt that the traffic noise, in relationship of the design of the cul -de -sac, would not be significant. Cheriel Jensen said that the City has a General Plan and that projects in the City are suppose to conform to the General Plan. She noted that the EIR identified three areas that the proposal violates. She asked what the process is after the EIR identifies that the General Plan has been violated? She said that she would be submitting a letter addressing her concerns with the project and the EIR. She said that she could identify several more violations /inconsistencies with the General Plan as follows: Policies 1, 2, 3, 5, 7, and 11 violated the North Hillside Plan; policies 1, 3, and 4 violated the ecology portion of the Northside Hillside Plan; policies 2 and 4 violate esthetics and density; policies 1 and 2 violate Energy Policies; and policies 5, 6 and 8 violate Geology policies. She felt that there were inconsistencies throughout the EIR document. She said that it is not known how many trees are located on site nor their diameters. She said that she identified over 1,000 birds who reside in this area and that the EIR does not identify these birds. She said that the EIR lacks details? She did not believe that you could reestablish vegetation on PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 13 - bedrock as a constant moisture soil is needed. Yet, it has been indicated that the site cannot be irrigated. She did not believe that all the mitigations come together. She said that the landslides are visible because they are recent, landslides. She said that as a County Planner, she has seen all mitigation measures fail with the development of the eastern hills. Chairwoman Kaplan requested that Ms. Jensen summarize her concerns in writing and that her written concerns would be addressed. Commissioner Pierce suggested that further discussions be conducted at a future worksession. City Attorney Fabian stated that written correspondence would also be included for the record and would also be addressed in the EIR. Planner Walgren said that the City is extending the 45 -day public review period. The review period would be kept open until such time that the Planning Commission has concluded its public review of the EIR. He said that it has been indicated that the Commission intends to hold one more meeting on March 26, 1997. Therefore, the public comment period would be extended at least until March 26, 1996. He recommended that correspondence be submitted by the March 26, 1997 meeting. Commissioner Siegfried requested that written comments be submitted a few days in advance of the meeting to allow adequate review. He said that he has been on the Planning Commission since 1978 and that he was the Chairman of the Hillside Specific Plan Committee that developed the rules for this area. He stated that this was the most difficult document that he has reviewed and that it was the most difficult property on the hillside that he has ever seen. He recommended that the applicant address the specific issues (i.e., how much land is to be removed, where is it be placed, etc.). He said that if he was asked to vote on this issue today, he could not support it. Commissioner Patrick said that there were problems with the site and that the problems would need to be resolved before she could approve a building site on this property. The Commission would need to be convinced that the site can safely be built upon. Commissioner Abshire agreed with the comments as expressed by Commissioners Siegfried and Patrick. BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO AN ADJOURNED STUDY SESSION TO BE SCHEDULED ON WEDNESDAY, MARCH 26, 1997 AT 6:00 P.M. W "RAW Interim Planning Director Walgren informed the Commission that the selection of Chair and vice -chair would be scheduled for its March 26, 1997 meeting. He indicated that the Teen PLANNING COMMISSION MINUTES MARCH 12, 1997 PAGE - 14 - Saratoga presentation would be deferred to another date. Chairwoman Kaplan said that the reports prepared by Planner Deming were very good in terms of details and that she should be commended. Commissioner Patrick said that she noticed that no addresses were being provided on the building permits that have been noticed. Commissioner Siegfried said that he did not see a need to review the building permit activity report. Interim Planning Director Walgren said that the process was adopted by resolution. In the 1980s, there was a concern that there was too big of a gap between the items that are being approved over the counter and items that were coming to public hearing. He said that the threshold is that if it is a 50 percent or greater expansion or over a 100 square foot addition to a second story, the City goes through an administrative noticing process. Based on the comments made this evening, he would advertise the resolution to rescind it. These actions would then become staff approvals. Chairwoman Kaplan announced that she and Commissioner Patrick would be attending the Planning Commissioner's Institute and that they would report back to the Commission of the sessions attended. :_ AT, _. 1. Letter from Jackie Welch re: Hakone Gardens. By consensus, the Commission accepted the letter by minute action. 2. City Council Minutes dated 2/11; 2/19; 2/20 3. Planning Commission notices for 3/26/97 ADJOURNMENT - There being no further business, the meeting adjourned at 10:05 p.m. to 5:00 p.m., Wednesday, March 26, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk rrg"31297.SA11 ',ANNING COMMISSION MINUT: FEBRUARY 26, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Kaplan called the meeting to order at 7:31 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Patrick, Siegfried Late: None Absent: Murakami, Pierce Staff: Community Development Director Curtis, Planner Walgren and City Attorney Riback. Minutes - 2/12/97 COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE THE FEBRUARY 12, 1997 WITH THE FOLLOWING AMENDMENTS: Page 2, paragraph 5, line 5 amended to read: "...approximately 700 feet of overhead lines in the future ... " Page 7, first paragraph amended to read: "Irwin � Haas, Page 10, paragraph 6, line 3 amended to read: "...EXTERIOR LIGHTING S±T IS TO BE INSTALLED WITHOUT REVIEW. " Page 14, first paragraph, line 2 amended to replace £©E- -en€efe�nEeRoem with #? Cab. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 21, 1997. Technical Corrections to Packet Planner Walgren informed the Planning Commission of two corrections: 1) Item 1, page 3, a corrected setback table was distributed to the Commission and 2) Item 4, page 3, the rear building setback has been transposed (should read proposed: 140 ft.; Code requirement: 60 ft.). PLANNING COMMISS' MINUTES FEBRUARY 26, 1997 PAGE - 2 - CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -005 - CARRIGAN; 19311 MONTE VISTA DR.; Request for Design Review approval to demolish an existing single story residence and build a new 5,802 sq. ft., 21 ft. tall, one -story home in its place. The property is located in an R- 1- 40,000 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan asked if the horseshoe drive was to be eliminated as it pushes the lot coverage close to the maximum allowed? Planner Walgren responded that the horseshoe driveway is to remain as guest parking and access driveway to the entrance of the residence. Chairwoman Kaplan opened the public hearing at 7:40 p.m. Jim Carrigan, applicant, informed the Commission that he has spoken with his neighbors to explain the proposal. He requested Planning Commission approval of the request. Chris Spaulding, project architect, informed the Commission that he was careful to protect the views and privacy of neighbors. He requested Commission support and approval of the request. Commissioner Patrick expressed concern with the significant amount of lot coverage. She recommended that the horseshoe driveway be eliminated or that it be reduced. Mr. Spaulding felt that elimination of the circular driveway would take away from the design of the house. He informed the Commission that the applicant would prefer to retain the horseshoe driveway. He said that the lot coverage is not being increased significantly as the circular driveway and the terrace already exist. The only significant lot coverage being added was the short driveway. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7:45 P.M. Commissioner Siegfried said that he did not have a problem with the design and that he understood the concern of lot coverage. However, he noted that most of the lot coverage already exists. He felt that the circular driveway not only provides parking but that it was a feature of the house. COMMISSIONERS BERNALD /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR- 97 -005. THE MOTION CARRIED 4 -1 WITH COMMISSIONER PATRICK VOTING NO AND COMMISSIONERS MURAKAMI AND PIERCE ABSENT. PLANNING COMMISSION MINUTES FEBRUARY 26, 1997 PAGE - 3 - 2. V -96 -019 - USHER, 13636 VAQUERO COURT; Request for a Variance to allow an addition totaling 1,171 square feet to an existing 3,899 square foot two -story residence, a portion of which encroaches 6 feet into the 50 -foot rear yard setback. The property is 43,734 square feet, and is located in a Hillside Residential zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan asked if there was a difference between the setback table (page 3) and the drawings (page 10)? Planner Walgren said that a discrepancy in setback does not exist. Chairwoman Kaplan opened the public hearing at 7 :50 p.m. Andrew Young, project architect, said that the 35 foot required setback is located on the side facing the access roadway and that the 50 -foot setback is at the rear, the area necessitating a variance. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7:51 P.M. Commissioners Abshire and Siegfried stated their support of the request and that they could make the findings to approve the variance request. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO APPROVE RESOLUTION NO. V- 96 -019. THE MOTION CARRIED 5 -0 (COMMISSIONERS MURAKAMI AND PIERCE ABSENT). 3. DR -96 -048 - WU, 12558 SPRING BLOSSOM COURT; Request for Design Review approval to construct a 3,740 square foot one -story residence on a vacant 14,312 'square foot lot. The property is located in an R -1- 12,500 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 7:54 p.m. Davit Britt, project designer, stated his concurrence with staff s recommendation. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 7 :55 P.M. COMMISSIONERS PATRICK/ABSHIRE MOVED TO APPROVE RESOLUTION NO. DR -96- 048 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 5 -0 (COMMISSIONERS MURAKAMI AND PATRICK ABSENT). PLANNING COMMISSION MINUTES FEBRUARY 26, 1997 PAGE - 4 - 4. DR -96 -068 - MOROYAN, 14961 VIA DE MARCOS; Request for Design Review approval to construct a 6,161 square foot two -story structure on a vacant 40,776 square foot lot. The subject parcel is lot 25 of the San Marcos Heights subdivision and is located in an R- 1- 40,000 zoning district. Planner Walgren presented the staff report. He recommended that this item be continued to allow the applicant to redesign the project to attempt to meet the one story height restriction. He said that staff could not make the design review findings based on the design of the home, the height of the home, and grading of the proposed terraced pad. Should the applicant not be willing to make design changes, staff recommended denial of the project with resolutions of denial returning to the Commission on March 12. Chairwoman Kaplan opened the public hearing at 7:58 p.m. Marty Oakley, project architect/designer, provided the Commission with exhibits to help explain the proposal (i.e., comparative mass study of the existing four lots, comparative land use of a single story design versus a two -story design; predominance of two story homes, and exterior colors). He said that it was difficult to design a tri -level home on this lot and yet retain a low profile. He did not believe that stepping down the pad would result in a low profile building. The design would provide usable side and rear yards and not to cover the entire building pad with a structure. He felt that the area contained predominance (60 %) of two story homes. He referred to page 9 of the Saratoga City Guidelines that addresses linear and vertical mass. He said that the exterior colors selected are comparable to the existing homes. He said that he would agree to darken the colors if requested. He addressed the riparian corridor and the sensitivity of the lot mentioned in the original subdivision review. He said that he did not understand the`relation of paragraph 43 (page 5 of the staff report) with regards to the construction of a single story or two story home. Harry Moroyan, applicant, stated that he selected Mr. Oakley to design the home because of his knowledge of Saratoga and the fact that he would be sensitive to the neighbors. He said that much thought has been given to the design so that it blends in with the rest of the homes in the area. It was his belief that the home would be a showcase in the area. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 P.M. Commissioner Patrick said that colors, height and size were of concern to her. She felt that the colors were too light for a visually impacted site and recommended that darker colors be used. She felt that the height of the home was too high. She said that lower heights were recommended as part of the original subdivision because of the existing riparian corridor. She felt that there were alternatives to make a two story home fit in the area (i.e., reduce the size of the home). She said that she would deny the request as presented or that she would agree to a continuance to allow for a redesign of the home. PLANNING COMMISSION MINUTES FEBRUARY 26, 1997 PAGE - 5 - Commissioner Bernald agreed with the comments expressed by Commissioner Patrick. She felt that the design of the home was beautiful but that she did not believe that it was suited to the lot. She felt that the subdivision was approved with specific requirements and felt that it was necessary to adhere to them. She does not see the home blending into the lot, especially the vertical feel. She said that she could not support the request. Commissioner Abshire supported the restrictions imposed as part of the subdivision approval. He said that he would like to support the applicant, but that he could not support the design. Commissioner Siegfried concurred with the comments as expressed by his fellow Commissioners. He said that he was troubled with the fact that this is a two-story home. He understood that a two -story home is proposed so that the building is not spread out on the lot. Chairwoman Kaplan felt that it was important for the applicant to know that the Commission reviewed this lot and that it a sensitive comer entrance to the subdivision. She thanked Mr. Oakley for providing the renderings as they were helpful. She said that the Commission walked and drove around the subdivision. She felt that the home above this site was massive and that it should not have been approved. She said that she agreed with the comments expressed by the other Commissioners. Commissioners Patrick/Siegfried moved to reopen the public hearing at 8:17 p.m. to inquire if the applicant would request a continuance. Mr. Moroyan said that he would agree to a continuance. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CONTINUE THE PUBLIC HEARING TO MARCH 26, 1997. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. 5. SD -96 -005, UP -96 -004 & V -97 -003 - EITZEN, END OF OLD OAK WAY OFF PIERCE RD.; Request for Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four individual lots of 5.6, 2.6, 2.4 and 2.2 net acres. Approximately 17 acres would be dedicated as open space. Use Permit approval is requested to allow the four lots to be clustered together, thus allowing the open space dedication. Variance approval is also requested to allow a potential future Lot 3 structure to be located on a City identified Major Ridgeline - more restrictive building height limits are applied to Rdgeline lots. The property is located within a Hillside Residential (HR) zoning district. Planner Walgren presented the staff report. He informed the Commission that he has been notified by the applicant's representative that they may be requesting a continuance as a result of conversations with homeowners in Mount Eden Estates. He recommended that the Commission open the public hearing to hear if there is a mutual agreement for continuance by the project proponent and the concerned neighbors. PLANNING COMMISSION MINUTES FEBRUARY 26, 1997 PAGE - 6 - Chairwoman Kaplan opened the public hearing at 8:25 p.m. Norm Matteoni, representing the applicant, felt that it would be a mutual interest to continue this item to allow further discussion with the adjacent homeowners to address their concerns. Ken Riding, 21836 Villa Oaks Lane, representing the homeowners in the Mt. Eden Estates, felt that continued discussions would assist in helping resolve issues of concern. Chairwoman Kaplan said that there was a basis concept of whether or not there is to be a subdivision. She asked the City Attorney what the City was legally required to do with the property. Mr. Riback clarified that Chairwoman Kaplan was asking "What right does the property owner have to subdivide the property?" He said that the property owner has the right to make some economically viable use of the property. This does not necessarily mean subdivision of the property. Chairwoman Kaplan and Commissioner Siegfried said that they previously spoke with Mr. Matteoni. Commissioner Siegfried further stated that a continuance would allow the Commission to review the letter submitted by Ms. Jensen and allow further dialogue between the applicant and the homeowners. Commissioner Abshire said that he met with the Eitzens earlier this week at their request. Commissioner Bernald said that she also spoke with Ms. Eitzen who wanted to confirm her attendance at the site visit. Commissioner Patrick stated her support of a continuance as it would serve everyone's interest. Planner Walgren said that a continuance would require a $300 continuance fee. Mr. Riding did not believe that it would be fair to charge the applicant a continuance fee as the general public is requesting the continuance. Community Development Director Curtis recommended that a fee not be charged as a continuance would not result in substantial staff time. COMMISSIONERS SIEGFRIED /BERNALD MOVED TO CONTINUE THE PUBLIC y HEARING TO MARCH 12, 1997. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. Cherie] Jensen, 13737 Quito Road, said that she was not made aware of this request until yesterday morning. She said that the County Assessors evaluates the property at $1,024 as it is an unbuildable site. She said that she does not see a slope evaluation study of the substandard access road. She felt that emergency access is an issue. PLANNING COMMISSION MINUTES FEBRUARY 26, 1997 PAGE - 7 Community Development Director Curtis said that the property is no longer under a Williams Act Contract and that he does not believe that it has not been reassessed as a residential project from agricultural land. Commissioner Siegfried said that he did not know where it would leave the city if lot 4 was to be eliminated because of the access road. He excused himself from the remainder of the meeting. DIRECTOR ITEMS 1. Notice of Grading /Tree Removal Permit Planner Walgren informed the Commission that a proposal to do a one time mass site grading and selective tree removal of the 15 -lot NAVICO subdivision. Staff supports the one time mass site grading versus the potential of several individual property owners requesting grading of pad elevations. Should the Commission concur with staff's recommendation, a notice would be sent to the residents within 500 feet of the subdivision to inform them that the work has been reviewed by the City, that proper permits have been issued, and the time frame of the work. He said that replacement trees would be required as the homes are built. BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S RECOMMENDATION. Community Development Direct Curtis informed the Commission of the following: - The City Council has appointed Planner Walgren as Interim Community Development Director. - A March 26 work session has been scheduled with the Saratoga Sign Committee to review the Sign Ordinance. George White will have a representative from the Air Quality Management to make a presentation. Both Chairwoman Kaplan and Commissioner Patrick are registered for the Planning Commissioners Institute Thursday session COMMUNICATIONS 1. City Council Minutes dated 2/3; 2/5/97 2. Planning Commission notices for 3/12/97 PLANNING COMMISSI MINUTES FEBRUARY 26, 1997 PAGE - 8 - City Council ADJOURNMENT - There being no further business, the meeting adjourned at 8:48 p.m. to 5:00 p.m., Wednesday, March 12, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT \PCO22697.SAR F XNING COMMISSION MINUTES FEBRUARY 12, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Kaplan called the meeting to order at 7:35 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Patrick, Pierce, Siegfried Late: None Absent: Murakami Staff: Community Development Director Curtis, Planner Walgren, and Public Works Director Perlin. City Attorney Riback was not present. Minutes - 1/22/97 COMMISSIONERS BERNALD /PATRICK MOVED TO APPROVE THE JANUARY 22, 1997 AS WRITTEN. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. Oral Communications No comments were offered. Report of Posting _A eg_nda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 7, 1997. Technical Corrections to Packet Planner Walgren noted one correction to Item 3, page 3, in the setback tables - setback code requirement is 42 feet not 47 feet. He said that the building maintains a 43 -47 foot setback not a 42 -foot setback. CONSENT CALENDAR 1. UP -96 -018 - STARBUCKS COFFEE CO., 14416 BIG BASIN WAY; Request for Use Permit approval to remodel an existing 1,200 sq. ft. retail store for a new restaurant/coffee shop. Use Permit approval is also requested to allow the use of eight on -site parking spaces where 16 spaces are required. (Request withdrawn by the applicants. Withdrawal letter attached). Chairwoman Kaplan stated that she spoke with Mr. Taylor, Starbucks Coffee Company, last week. 'PLANNING COMMISSIOP' -INUTES FEBRUARY 12, 1997 PAGE - 2 - COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. PUBLIC HEARING CONSENT CALENDAR PUBLIC HEARINGS 2. DR -96 -056 & UP -96 -016 - ARGONAUT ASSOCIATES; SARATOGA- SUNNYVALE RD. AT BLAUER DR.; Request for Design Review approval to redevelop and expand the Argonaut Shopping Center by renovating the existing commercial structures and constructing two new free - standing buildings. Use Permit approval is necessary to allow the existing 30,070 sq. ft. Safeway Supermarket to be expanded by 10,720 sq. ft. pursuant to Chapter 15 of the City Code. The property is located in a Commercial - Neighborhood zoning district. (Continued from 1/22/97 to prepare approval Resolutions for Commission review and adoption; City review deadline is 4/25/97). ------------------------------------------------------------------------=--------------=--------- Chairwoman Kaplan clarified that the only issue on tonight's agenda relates to the conditions of approval. Planner Walgren presented the staff report. He informed the Commission that Public Works Director Perlin was present this evening to clarify condition 12 contained in the resolution of approval. Public Works Director Perlin addressed condition 12 as follows: Condition 12a refers to the requirement to underground utility services on site. Condition 12b refers to the undergrounding of utilities on Saratoga /Sunnyvale Road. The intent is to have the applicant participate in an assessment district and pay a proportional amount for undergrounding approximately 7.00 ft. 'of overhead lines in the future, reducing the cost to the applicant. The city would be requesting that the applicant agree to participate in the district and to post a performance bond for $300,000. Condition 12c clarifies what exists on the improvement plans (i.e., installation of curb and sidewalk along both Saratoga - Sunnyvale Road and Blauer frontages, including a bus turnout and bus stop and shelter. Condition 12d refers to the median island on Blauer Drive. The applicant is to submit plans to the Public Works Department for approval depicting layout of the median and landscape. Condition 12e requires the posting of a performance bond for the improvements required under conditions 12c and 12d. He stated that the City Council is interested in pursuing undergrounding utilities along Saratoga Avenue beginning at Fruitvale heading toward the Village and Saratoga - Sunnyvale Road beginning at Pierce Road. Staff has begun the process to form an assessment district along Saratoga Avenue. He expects that the undergrounding of utilities would occur in 1998 or 1999. Chairwoman Kaplan opened the public hearing at 7:48 p.m. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 3 - Ed Storm, developer, addressed the following conditions: Condition 2d - it was his belief that the proper way to handle the south left turn lane was by median control on the property. He requested the deletion of the two bullets. Condition 2e - clarification needs to be included that seven parking spaces were given up in order to accommodate additional landscaping (no credit given for seven spaces for future applications). Condition 12e - expressed concern with the maintenance of the median landscape as it a public right of way and with the liability associated with its maintenance. Condition 12a - he did not believe that the additional 12,000 square foot was a large financial expansion to justify $300,000 worth of undergrounding of utilities. It appears to be a disincentive to proceed with expansion and improvement of the site. It was his belief that others were having the utilities undergrounded without having to pay for its cost. Mark Kocir, 12795 Saratoga - Sunnyvale Road, addressed the ingress and egress of the shopping center on Saratoga /Sunnyvale Road directly across from Brandywine Drive. He noted that a signal light is not installed in this area. He said that there are ten different traffic patterns that can be taken without a signal light. He asked if consideration was given to restricting left turns into the shopping center? Chairwoman Kaplan informed Mr. Kocir that the resolution contains a condition that addresses his concern. Commissioner Siegfried informed Mr. Kocir that the Commission eliminated the ability to make a left turn out of the shopping center. ,Public Works Director Perlin said that several alternatives were discussed at the last meeting and that it was his belief that elimination of left turns out of the center was the solution accepted. He said that the medians are to be maintained by a landscape and lighting district. He stated that with the passage of Proposition 218, it makes it difficult to establish a landscape and lighting district. He said that the City is looking at enteringg into an agreement with the property owner to perform the maintenance. He indicated that some property owners pay for the undergrounding of utilities, depending on the development or improvements made to their property. Staff felt that the improvements, in this request, are substantial and would require participation in the undergrounding of utilities. Under Rule 20, the City will be contributing to the undergounding of utilities. He said that the Kennedy subdivision was, conditioned to pay for undergrounding of utilities, entered into an improvement agreement and have posted a bond. Commissioner Siegfried said that he recalls that property owners were required to underground utilities but that he did not recall whether property owners were required to post a bond. He felt that in order to ensure that the owners or future owners participate would be to require a guarantee to be posted. Mr. Storm stated that liability for the maintenance of the median would need to be addressed by the City Attorney. He felt that there was a difference between a subdivision and improvements to a retail center by which you can pass the subdivision improvement costs to the buyer of the property. He said that improvement costs would not be past on to the center's tenants. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 4 - Commissioner Pierce said that he paid the cost of undergrounding utilities for a remodel to his home. Chairwoman Kaplan noted that two new buildings are being proposed under this application, not just a renovation of the center. Public Works Director Perlin said that there is a 50% threshold of expansion or improvement that triggers participation in a district. If the property owners decide to wait on the renovation, the property would not be included in the district until such time that an expansion and /or improvements are requested by the property owner. Planner Walgren said that condition 2e addresses the landscaping and creek bank improvements. The application includes a request to deviate from the parking standards. The plans are being approved as depicted on Exhibit "A" with no special restrictions in terms of future uses. He recommended that a paragraph be included in the resolution of approval that clarifies that the parking is approved and that there is to be no restriction, no matter the type of use proposed. Commissioners Patrick/Bernald moved to close the public hearing at 8:16 p.m. Commissioner Pierce expressed sympathy with Mr. Storm's concern regarding the expense of undergrounding of utilities. However, the request is for a major development and that it would be capitalized over many years. COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR -96 -056 WITH THE FOLLOWING AMENDMENTS. - Condition 2d - first bullet amended to delete the words "divef6eg" and "of." Condition 2d - second and third bullets to be deleted. Condition 2e - amended to further clarify that parking for future uses will not be restricted. Condition 12 to be replaced with amended condition 12 distributed to the Commission this evening, further amending condition 12b to require the applicant to maintain the landscape median subject to city attorney review of the liability issue. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE RESOLUTION UP -96 -016 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 5 - 3. DR -96 -060 - PINN BROS. CONSTRUCTION, 20775 PONTIAC AVENUE Request for Design Review approval to construct a new 4,048 sq. ft., one -story single family residence on a 14,668 sq. ft. parcel per Chapter 15 of the City Code. The property is located in an R- 1- 12,500 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 8:25 p.m. Chuck Bammarito, representing Pinn Brothers Construction, informed the Commission that this is a spec home. Commissioners Siegfried /Patrick moved to close the public hearing at 8:25 p.m. Commissioner Abshire said that he found the design to be compatible with that of the neighborhood. Commissioner Pierce said that the design did not appear to be massive and supported its design. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO APPROVE RESOLUTION DR- 96 -60. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. 4. DR -96 -059 - PINN BROS. CONSTRUCTION, 19825 DOUGLAS LN.; Request for Design Review approval to construct a new 6,092 sq. ft., two -story single family residence on a 44,991 sq. ft. parcel and a request for an exemption from the floor area reduction requirement for buildings over 18 ft. in height per Chapter 15 of the City Code. The property is located in an R- 1- 40,000 zoning district. ------------------------------------------------------------------------------------------- - - - - -- Planner Walgren presented the staff report. He informed the Commission that the Heritage Preservation Commission reviewed the existing Crowell house structure listed on the Heritage Resources Inventory at time of subdivision review. The Heritage Preservation Commission requested that the structure be documented. It was their belief that the changes that have occurred to the building over the years have significantly decreased the historical significance of the structure. They had no concerns or objections to what happens to the structure having achieved their objective of documenting the building. Staff required that the map be configured to retain the building to engage future possibility of purchasing the property and retaining the home. The applicant proposes to remove the structure as no one has stepped forward to purchase the home. Staff recommends that the leg of the circular drive within tree #1 be eliminated to preserve the tree and that a single access be allowed to the garage. Also, being requested is an exception to the allowable floor area. Staff supports the request to the floor area reduction exception. He said that the city arborist recommends mitigation measures to protect the tree if the applicant wishes to retain the circular driveway. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 6 - Chairwoman Kaplan opened the public hearing at 8:30 p.m. Chuck Bammarito, representing Pinn Brothers Construction, said that Mr. and Mrs. Rocke have purchased the property. He informed the Commission that he met with Mr. Coate regarding oak tree #1 and mitigation measures were discussed to protect the oak tree with the installation of the circular driveway. He said that he recently found out that the circular driveway is proposed to be eliminated. He suggested that the condition be modified such that the horseshoe driveway is to be resolved at a staff level and with the city arborist to mitigate any impacts to existing trees. He noted that barricades are requested to be installed around trees #1 and #2 and that he would agree to install them. He recommended that the condition relating to the circular driveway be amended to read: "The revised driveway configuration is to be submitted for review and approval by Planning staff and the city arborist. The driveway is to be constructed under the recommendation of the city arborist." In response to Commissioner Pierce's question Mr. Bammarito said that the width of the driveway is 12 feet and that it could be narrowed to 10 feet to meet the concerns of the City. He indicated that pervious pavers would be used. Commissioner Bernald asked Mr. Bammarito how he felt about reducing the floor area reduction by 724 square feet? Mr. Bammarito stated that he would like to retain the square footage proposed as the square footage is similar to the house next door. Commissioner Abshire felt that the preservation of the tree was essential to the approval of the design of the home as the trees would screen the large home. He asked which would be preferred, elimination of the circular driveway or the square footage of the home? Mr. Bammarito said that the home does not impact the trees but that the driveway may. It is his intent to mitigate the concerns of tree protection. Emma Wyckoff, 18660 Paseo Lado, said that she was interested in preservation. She asked how the homeowner would be impacted if required to use a single access driveway versus a circular driveway? Does the arborist report get implemented immediately or is the plan implemented over time? Mr. Bammarito said that the horseshoe driveway was a preferred architectural style. The arborist's mitigation measures are to ensure that once construction starts and ends, the trees are protected. It-win Van Haas project designer, addressed the circular driveway. He said that Mr. Rocke has strong feelings about the circular driveway. He noted that the design avoids the canopy of the tree(s) and that he did not believe that it would impact the tree(s). Commissioners Patrick/Siegfried moved to close the public hearing at 8:43 p.m. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 7 - Commissioner Siegfried felt that the exception to the height would fit in with the design of the neighborhood. His concern was that of the circular driveway. He stated that he could support the horseshoe driveway subject to reducing the width of the driveway and incorporating the city arborist' recommendation so as not to impact the oak trees. He felt that the horseshoe driveway was an architectural feature. Commissioner Pierce said that he would like to have the applicant work with staff regarding the horseshoe driveway. Commissioner Patrick said that this was a spectacular site. She expressed concern with the size of the home given the area and its location. She also expressed concern with the existing trees. She felt that staff and the city arborist can resolve her concerns. Commissioners Bernald and Abshire concurred with Commissioner Patrick's comments. Commissioner Abshire felt that too many exceptions to height are being approved. He said that he would support staff's recommendation in this case but that he would not support future height exception requests. Chairwoman Kaplan stated that she would agree to hold down the size of the home to the degree possible. She expressed concern with the impact of the circular driveway to the existing trees, especially during construction. She stated that she could not support the request. Commissioner Siegfried said that reducing the size of the home from 6,000 square feet to 5,400 square feet would not be a noticeable difference. Planner Walgren said that alternatives for the location of the driveway have not been exhausted. He felt that there may be some flexibility for further arborist consideration. He clarified that the exception is not a variance. He said that the Exception Ordinance, adopted in 1992, was to be an incentive to encourage individuals to construct one story homes where the homes were all single story. The rule was not meant to apply in the larger zoning districts or in areas of town where mostly two story homes already exist. In granting an exception, it is making a finding of whether the neighborhood was all two story homes or whether two story homes are acceptable. Commissioner Pierce said that he was more concerned with placing large homes in infill areas that have small homes. This area is one with larger homes and that this home would fit in with the character of the neighborhood. Therefore, he supported the design and the size of the home. Chairwoman Patrick said that she did not believe that the neighborhood supports the size of the home. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO APPROVE RESOLUTION DR -96 -059 WITH THE ADDITIONAL RESTRICTION THAT THE DRIVEWAY IS TO BE REDESIGNED TO PROTECT THE TREES. IF IT CANNOT BE REDESIGNED TO THE SPECIFICATIONS OF THE CITY ARBORIST AND STAFF, THE HORSESHOE DESIGN PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 8 - IS TO BE ELIMINATED. THE MOTION FAILED ON A 3 -3 VOTE AS FOLLOWS: AYES: ABSHIRE, PIERCE, SIEGFRIED; NOES: BERNALD, PATRICK, KAPLAN; ABSTAIN: NONE; ABSENT: MURAKAMI. COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR -96 -059 WITH THE ADDITIONAL RESTRICTION THAT THE DRIVEWAY IS TO BE REDESIGNED TO PROTECT THE TREES. IF IT CANNOT BE REDESIGNED TO THE SPECIFICATIONS OF THE CITY ARBORIST AND STAFF, THE HORSESHOE DESIGN IS TO BE ELIMINATED AND DENIAL OF THE EXCEPTION TO FLOOR AREA. THE MOTION CARRIED 4 -2 WITH COMMISSIONERS PIERCE AND SIEGFRIED VOTING NO AND COMMISSIONER MURAKAMI ABSENT. Commissioner Siegfried said that the home has been reduced by 700 square feet and that it may impact the design of the home. Planner Walgren said that if the floor area is reduced proportionally within the footprint of the existing building, staff would approve it prior to issuance of a building permit. If there is a substantial change in the configuration of the home, it would be brought back to the Commission as an informational item. 5. S -97 -001 - CARSON ESTATE COMPANY, QUITO VILLAGE SHOPPING CENTER; Request for Sign Program approval to replace the existing monument sign and tenant signs at the Quito Village Shopping Center with a new comprehensive sign design program. The shopping center is located on the south side of Cox Ave., east of Saratoga Ave., and is within a Commercial- Neighborhood zoning district. Planner Walgren presented the staff report. Commissioner Patrick asked if some of the signs are proposed to be wood and some metal? Planner Walgren said that the current sign program allows sand blasted wood with individual internally illuminated letters. This program proposes the same aluminum metal painted frame around each sign with a plastic background of three different colors. Chairwoman Kaplan asked if the two anchor tenants not included in the uniform sign program would be included in the color scheme? Planner Walgren responded that the two anchor tenants would comply with the uniform sign program as the colors vary. Chairwoman Kaplan opened the public hearing at 9:12 p.m. Susan Bowers, sign designer, said that the sign program was one that would give the center more of a "Village" look. Commissioner Bernald asked Ms. Bowers to address the fact that each sign varies and are different in color. Ms. Bowers said that three standard colors are proposed. She said that she tried to come up with a standard color scheme for the center with the frames and letters to be of the same color. The sign program would be more consistent than what is currently being seen. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 9 - She indicated that the tenants have been supportive of the sign program. Commissioner Abshire felt that it was important to have a directory to find the stores in a center. He did not see anything on the plans that show how the stores would be numbered. Ms. Bowers said that the numbers would be four inches high and would be the same color as the tenant signs. Commissioner Bernald asked about the longevity of the metal casing. Ms. Bowers responded that the casing would last a long time. Chairwoman Kaplan asked what is to happen to the existing awning. Ms. Bowers said that once the signs are in place, the awning would be reviewed with the color scheme. She said that the tenant wants to retain the awning. She informed the Commission that the signs are not to be internally illuminated. Chairwoman Kaplan asked if a condition could be added to prohibit external illumination. Ms. Bowers said that it has not been determined how the signs are to be illuminated. Planner Walgren informed the Commission that it could add a condition to prohibit external illumination of the signs. Emma Wyckoff requested that the Commission not approve the uniform sign program unless the merchants agree to mitigate traffic problems in the area. She requested that traffic control measures be implemented at the same time of sign installation. She felt that there would be an increase in traffic on her street between the Quito Village Shopping Center and Quito Road. She said that calls have been placed to law enforcement officers who have stated that the traffic problem is out of control and that concerns would need to be raised at a City level. She felt that there is a relationship with her concern and this request as upgrading the shopping center would attract additional consumers to the shopping center. Commissioners Patrick / Bemald moved to close the public hearing at 9:25 p.m. Commissioner Patrick felt that the proposed uniform sign program was "goofy. " If there is a sign program, she does not see it as she sees disparity. She liked the use of different colors with the exception of the turquoise color. Commissioner Pierce asked staff what was the Commission's role in the review of this sign program as he did not like some of the colors chosen? Planner Walgren said that the applicant proposes several different types of design elements, details and colors. The sign program that is being considered is the tenant panel signs with the metal frames for each of the tenant buildings. The Commission would be establishing the sign program that would provide parameters for future signs and approval of the monument signs and directory signs. Chairwoman Kaplan asked if the two anchor tenants would be exempt in perpetuity from the adopted sign program and whether they have their own separate sign program? PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 10 - Community Development Director Curtis felt that the two anchor tenant signs would be more in line with the proposed sign program versus the old sign program. The question is whether the proposed sign program is acceptable for the shopping center. Commissioner Bernald stated her support of the uniform sign program. She said that she likes the changes that she has seen at the shopping center. She requested that staff address lighting because she was concerned with the signs and the lighting being put together without having something concrete in front of her to vote on. Commissioner Siegfried said that he liked the uniform sign program as he felt that it fits this shopping center. He recommended approval with the condition that there is to be no exterior lighting of the sign is to be installed without review. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE RESOLUTION S -97 -001 WITH AN ADDED CONDITION THAT WOULD STIPULATE THAT NO EXTERIOR LIGHTING IS TO BE INSTALLED WITHOUT THE REVIEW AND APPROVAL OF THE PLANNING COMMISSION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. Community Development Director Curtis recommended that Ms. Wychoff contact Public Works Director Perlin as he is staff's liaison to the Safety Commission. The Safety Commission can evaluate Ms. Wychoff's concern and then make a recommendation to the City Council. 6. DR -96 -072 - NOONAN /BEAN, 19508 GLEN UNA DR.; Request for Design Review approval to construct a new 6,000 sq. ft., 26 ft. tall, single story residence on a vacant one acre parcel. The application includes a request for exemption from the floor area reduction requirement for buildings over 18 ft. in height. The subject property is located on the east side of Glen Una Dr. south of Saratoga -Los Gatos Rd., and is within an R -1- 40,000 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 9:41 p.m. William Bean, applicant/project designer, informed the Commission that he would answer any questions that it may have. He said that a one story home is proposed although many two story homes exist in the neighborhood. He concurred with staff's recommended conditions of approval. In response to Commissioner Siegfried's question, Mr. Bean said that 10-15 % of the roofline is at 26 feet. Chairwoman Kaplan asked how many gas burning fire places are proposed? Mr. Bean responded that four fire places are proposed (two would be gas log fireplaces and the other two would be plumbed for gas). PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 11 - Bob Sandie, 19400 Saratoga -Los Gatos Road, informed the Commission that he resides to the east of the proposed ,home. He appreciated the fact that the home is designed to be a one story home. He addressed the size of the home and requested that three, 22 -26 foot ceder trees be installed as the 24 -inch boxed trees are 10 feet in height. Bob Aviles, architect retained by Mr. Sandie, said that he reviewed the design of the proposed home. He expressed concern with the impervious coverage and with the drainage of the swale as it is directed to the rear, left comer. He requested that the increased impervious coverage be addressed. He stated that the home was well designed. Mr. Bean addressed the drainage of the site. He noted that the lot is flat and that it is proposed to take water and discharge it at a central point. He did not believe that drainage from the site would impact Mr. Sandie's property. He felt that the request to install 26 foot trees was excessive. He noted that four large trees exist to help screen the home. He also noted that an excessive rear yard setback was provided. He agreed to install 24 -inch boxed trees and noted that the neighbor has an out house that encroaches into the required setback. Commissioners Bemald /Patrick moved to close the public hearing at 9:52 p.m. COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE RESOLUTION DR -96 -072. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. 7. DR -96 -067 - MAXIM INVESTMENTS; 28001 AUDREY SMITH LANE; Request for Design Review approval to construct a 6,016 square foot one -story residence on a 48,031 sq. ft. vacant lot. The application includes a request for exemption from the floor area reduction requirement for buildings over 18 ft. in height. The property is located in an R- 1- 40,000 zoning district. Planner Walgren presented the staff report. He informed the Commission that a letter was received from the down slope neighbor who has expressed concern with the imposition of the home to their property. He informed the Commission that the lot is a shallow and wide parcel, resulting in a home that is linear and relatively long. He felt that it was a constraint inherent to the parcel. Staff felt that the design could be supported. Chairwoman Kaplan said that the arborist has expressed concern with the way the project and the other construction sites have violated the tree protection requirements. She asked if this is the same company that has violated the tree protection measures? Planner Walgren responded that this was the same company being referred to by Chairwoman Kaplan. Chairwoman Kaplan noted a correction to page 8, Condition 9a, fourth bullet (should read "Show all trenching for utilities .00 the site plan...") Chairwoman Kaplan opened the public hearing at 9:56 p.m. c PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 12 - Bill Hershmann, applicant, stated that this is the last lot of the Audrey Smith subdivision. He said that he has gone through great measures to protect and preserve the existing oak trees. He said that he has not used the area for access delivery as previously stated. If access was required, it was to remove the eucalyptus trees or to correct the swale. He acknowledged that this is a strangely configured lot and that it has a large frontage. He said that he was surprised to see the letter from the adjacent neighbor as the project architect worked closely with the neighbor. He said that the house is sited as close to the street as possible to increase the rear setbacks. He is requesting a floor area exception as one has been approved for every lot within the subdivision. He clarified that three fireplaces are proposed not four and that the master bedroom would have a gas log fireplace. The other two would be plumbed for gas. He stated his concurrence with the conditions as contained in the resolution of approval. Michael MacKay, project architect, said that the length of the home was 193 feet. He said that the length of the home was also of concern to him. He felt that the lot was conducive to making the length of the home work. Chairwoman Kaplan felt that the length of the home was imposing. Commissioner Abshire said that at the site visit, he viewed the height pole from the road and felt that a lot of the mountain would be disappearing to be replaced by a building. He felt that the lot was conducive to a smaller home. Mr. Hershmann stated that the proposed home is not larger than any of the homes in the area. He said that he could shorten the home, reduce the size of the home or construct a two -story home. However, it would not meet the needs of the home buyer. Commissioners Patrick/Bernald moved to close the public hearing at 10:15 p.m. Commissioner Abshire said that the renderings helped him visualize the proposed home. He said that the home appears to be a low profile building and that it is an attractive home. He understood that this was a difficult lot, noting that the home across the street was also long. He said that he would approve the request. Commissioner Patrick said that she could not approve the long structure. Commissioner Pierce agreed that it was a long home. However, it has a low profile, one designed for the lot. While it is a long structure, he said that he could support it. Commissioner Siegfried stated that although the design of the home was a long one, it still had large setbacks. He said that the home could not be widened based on the lot configuration. Commission Bernald said that at first, the length of the home concerned her. After reviewing the renderings provided, she could support the request because the home fits the contour of the property and provides large setbacks. PLANNING COMMISSION MINUTES FEBRUARY 12, 1997 PAGE - 13 - COMMISSIONERS BERNALD /SIEGFRIED MOVED TO APPROVE RESOLUTION DR -96- 067 PER STAFF'S RECOMMENDATION. THE MOTION CARRIED 5 -1 WITH COMMISSIONER PATRICK VOTING NO AND COMMISSIONER MURAKAMI ABSENT. DIRECTOR ITEMS No Director's items were reported. COMMISSION ITEMS Commissioner Patrick said that she attended the County Joint Hillside Strategy Community Workshop and that it was well attended. She said that there would be at least two more meetings held. It was the consensus of those attending who spoke that they do not want to be told what they can do with their properties. She felt that the County did a poor job in handling the process. She said that individuals were angry that they were not notified of the process. Commissioner Bernald said that she attended the budget session scheduled February 3, 1997 representing the Commission. She said that the Planning Commission was the only Commission that suggested that it be eliminated. COMMUNICATIONS 1As_-! 1. City Council Minutes dated 1/15/97 & 1/21/97 2. Planning Commission notices for 2/26/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 10:28 p.m. to 7:30 p.m., Wednesday, February 26, 1997, Council Chambers 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk rf\PMI297.SAR NNNING COMMISSION MINUTE JANUARY 22, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting --------------------------------------------------------------------------------------- Chairwoman Kaplan called the meeting to order at 7:34 p.m. Roll Call Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Pierce, Siegfried Late: None Absent: None Staff: Community Development Director Curtis, Planners Deming and Walgren. City Attorney Riback was not present. Minutes - 1/8/97 COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE THE JANUARY 8, 1997 WITH THE FOLLOWING AMENDMENTS: Correct the spelling of Commissioner Bernald in the document. Page 8, paragraph 2, line 2 amended to read: She said that she did not like the use of W ttto4i n c � dg e; ..:o€ :.tide. _ tclrgce:: tpe „rf #(O . She expressed concern with the median ... ” THE MOTION CARRIED 6 -0 -1 WITH COMMISSIONER MURAKAMI ABSTAINING. Oral Communications No comments were offered. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 17, 1997. Technical Corrections to Packet Community Development Director Curtis stated there were no corrections to the agenda. CONSENT CALENDAR 1. V -96 -011 - PAK, 21441 TOLLGATE RD; Request for Variance approval to construct a new 704 square foot three -car carport and a new pool pursuant to Chapter 15 of the City Code. Variance approval is requested to allow the carport to be located within the front and exterior side yard setbacks. The parcel is 1.2 acres and is located in a Hillside Residential zoning district. (Application has been withdrawn). PLANNING COMMISSI MINUTES JANUARY 22, 1997 PAGE - 2 - 2. DR -96 -023 & UP -96 -002 - HERNANDEZ, 14626 BIG BASIN WAY; Request for Design Review and Use Permit approval to construct two single story and two, two -story motel "cabins" at the Saratoga Motel in the upper Saratoga Village area. The three existing cottages along St. Charles St. would be removed and the front motel abutting Big Basin Way would remain. The subject property is approximately 11,252 sq. ft. in size and is located in an RM -3000 zoning district. (Continued from 1/8/97 regular adjourned meeting to prepare and adopt approval Resolutions). COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE CONSENT CALENDAR ITEMS 1 AND 2 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7 -0). PUBLIC HEARING CONSENT CALENDAR 3. DR -96 -065 - SHAH, 22071 DEER TRAIL CT.; Request for Design Review approval to construct a 4,876 sq. ft. two -story residence on a vacant 1.21 acre lot. The property is located in the HR (Hillside Residential) zoning district. (Continued to a date uncertain at the request of staff to complete application - new notices will be distributed advertising future hearing date). COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 3 BY MINUTE ACTION. THE MOTION CARRIED UNANIMOUSLY (7 -0). PUBLIC HEARINGS 4. UP -96 -018 - STARBUCKS COFFEE CO., 14416 BIG BASIN WAY; Request for Use Permit approval to remodel an existing 1,200 sq. ft. retail store for a new restaurant/coffee shop. Use Permit approval is also requested to allow the use of eight on -site parking spaces where 16 spaces are required. Planner Walgren presented the staff report. He informed the Commission that the application provides eight on -site parking spaces where the code requires sixteen spaces. He said that as part of this use permit consideration, the applicants are requesting a waiver from the parking standards based on a parking study prepared for the use. The study concludes that during peak hours (weekdays between 7:30 -8:30 a. m. and weekends 9 -11:00 a. m.) 40 vehicle trips would be made to the subject property. Since the length of stay for this retail uses is shorter than a sit down restaurant or other type of use, the anticipated parking demands at any one time are 10 parking spaces. With the eight parking spaces provided on -site and the availability of nine to eighteen on- street parking during the weekday and weekend peak hours, the study concludes that there will be sufficient parking both on -site and immediately adjacent off -site to accommodate the use. Planner Walgren informed the Commission that another land use issue was that of circulation at the intersection of Highway 9 and the spur road. Staff reviewed the site with the City's traffic engineer to determine if there are any immediate improvements that can be made within the vicinity to improve circulation. It was concluded that: 1) the Big Basin Way driveway that is PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 3 - currently both ingress and egress b widened to a minimum of 20 feet to clear ingress and egress for two vehicles at the same time and 2) that the egress driveway of the spur road along Highway 9 becomes an exit only. As Big Basin Way has a "Keep Clear" stripping at this intersection, it will be a requirement that it be both egress and ingress, using the keep clear lane to pull into the business and not tie up the rush hour traffic on Big Basin Way. He said that staff is recommending approval of the use permit subject to the conditions contained in the resolution, including the installation of improvements as shown on the plans (i.e., sidewalk improvements are to be constructed along Highway 9 and landscaping is to be replanted in all of the planter areas). He said that staff's recommendation is based only on the land use impacts of the proposal. He said that the Planning Commission is not allowed to consider issues of economic competition. Commissioner Siegfried asked what traffic impacts would be associated with the proposed dry- cleaning establishment proposed at the old gas station site? Planner Walgren responded that a specific traffic analysis was not prepared as part of the dry- cleaning establishment. Relative to this site, the Highway 9 driveway was required to be closed and landscaped, noting that both egress and ingress onto the site are from Oak Street. Chairwoman Kaplan said that it was important to note that the Commission's focus and responsibility were to review land use matters that are best for the city and that the Commission cannot consider economic issues. Planner Walgren informed the Commission that correspondence was received and attached to the staff report in favor of the proposal. Staff also received and attached a couple of letters opposing the request. Since the packet was distributed, three additional letters were received from Saratoga residents supporting the proposal. In addition to this, seven or eight letters were submitted and distributed to the Commission. Also, a petition was submitted and distributed which contained signatures of 20 -30 Oak Street residents opposing the coffee shop. Chairwoman Kaplan opened the public hearing at 7:49 p.m. Ronald Taylor, representing Starbucks, informed the Commission that he has been involved in the project for over a year and a half. He has worked with staff and several merchants during this time and appeared before the Commission for a work study session. He submitted a petition signed by 65 merchants and residents in support of the project. In addition 136 other individuals have supported this project. He distributed pictures to help explain why this location was chosen. He said that Starbucks is committed to the Community. He addressed issues relating to circulation. He said that Starbucks conducts 50% of its business by 11:00 a.m. and that during peak hours, the parking lots around the site are empty. He felt that the use would bring traffic into the center. He said that Starbucks was not here to take away business from the small businesses but to increase awareness of specialty coffee. Paul Bosnian, project architect, addressed the design of the building to fit within the Village. He said that earthtone colors are proposed to be used. The proposed sign has been changed to PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 4 - a wooden logo. He did not believe that the proposed signage would be obtrusive to the neighborhood. He said that the areas around the site are to be relandscaped. The parking lot is to be restripped and that a small quadrant would be created for individuals to enjoy conversation and coffee. A magazine and newspaper rack and six bicycle racks are proposed to be installed. He said that staff asked about the number of individuals who would patronize the store by foot or bicycle. Through a survey of stores in the area, it was found that on Saturdays, approximately 10% of the customers visit the site on bicycles. In a given day, 15 -20 %. of the customers are already shopping in the area and walk into the coffee store. Larry Patterson, project traffic consultant, addressed the traffic circulation study prepared for the site. He said that he has studied stores and customers that patronize coffee shops. Table 1 of the parking analysis summarizes his findings. He said that a conservative approach was taken to get a good sense of the parking demand in the area. He informed the Commission that the frequency of which any parking space would be used is 15 minutes per space. He felt that the eight spaces would become productive in allowing individuals to park on -site. He stated his concurrence with staff's recommendation to allow ingress off the one -way connector road from Big Basin Way to Saratoga /Los Gatos Road. In response to Commissioner Pierce's question regarding the distance of the parking lot across Big Basin Way and behind this building, Mr. Patterson said that he did not know the distance in feet. Commissioner Siegfried said that having traffic turn left off Big Basin into the parking lot during commute time would create a problem at this corner. He also finds it hard to believe that it is not perceived as a problem. Mr. Patterson said that he did not believe that this would be a problem because there will be both egress and ingress from the connector street. He said that the table assumes that there are 30 -40% patrons already in the downtown area. Chairwoman Kaplan said that in looking at the existing parking space availability chart, Columns F, H and I address street parking. She felt that the project is relying on the existing parking lots (parking districts). Mr. Patterson responded that Column J includes both the on -site and off -street parking. Chairwoman Kaplan expressed concern with how realistic it is to believe that individuals wanting coffee would park two blocks away. Mr. Patterson said that it is his assumption that the spaces would turn over four times during peak hours. The remainder of the patrons would try to find the closet spaces to the site. He said that his survey found that customers are not willing to walk over a block. Chairwoman Kaplan expressed concern with page 3 of Mr. Patterson's letter to Planner Deming, discussing the keep clear area on Big Basin Way. It states that project access would be adequate if vehicles obey the keep clear area on Big Basin Way. She felt that this was an invalid assumption. Mr. Patterson responded that there would be other opportunities to purchase coffee. It was his believe that to make the access work, you need to have the keep clear area posted. If this is not the case, there are other opportunities to park on -street or to find parking in the downtown area. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 5 - Commissioner Siegfried asked if a study was prepared for the intersection of Oak Street and Saratoga -Los Gatos Road and how this might impact the ability to turn left off Oak Street onto Saratoga -Los Gatos Road. Mr. Patterson responded that he did not perform a level of service at the Oak Street intersection. Commissioner Pierce asked if the keep clear area would be considered a traffic violation if it is not obeyed? Mr. Patterson said that the keep clear sign is a legal traffic control device and that it is enforceable. Commissioner Siegfried asked if any studies were performed to determine if the area is actually kept clear. Mr. Patterson said that his staff acknowledged that in p.m. peak hours, it was not found that traffic was backed up from the keep clear area, noting that it is not the peak hours for Starbucks. The a.m. traffic extends occasionally beyond the keep clear area. Jay Cornwall, Starbucks' District Manager, informed the Commission that he would answer operational issues and land use issues. He said that Starbucks would be upholding all the recommendations presented. He addressed like businesses located in Los Altos and Palo Alto. He said that he would also be able to address peak business hours. Chairwoman Kaplan expressed concern with public health and safety. She said that she did not find a Starbucks business clean in the Cupertino, San Jose, and Westgate areas. She said that a concern was that of cleanliness inside the building and found them to be unsanitary. Mr. Cornwall said that he would take this issue up with the managers of the establishments identified as it is a policy that tables and counters are to be bused every ten minutes. It is also a policy that trash receptacles are to be emptied when they are no more than three quarters full. Kookie Fitzsimmons, 14410 Big Basin Way, owner of Corinthian Flowers and a Saratoga resident, said that the Village merchants support Starbucks. Her letter to the Commission dated January 10, 1997, states that of the Village merchants interviewed, 91 supported Starbucks. She said that there were signatures of 50 Saratoga residents in support of Starbucks. She informed the Commission that a .photo album was circulated of other towns with similar Village -type atmosphere where Starbucks have opened. She did not believe that Starbucks would ruin the quaint atmosphere of the Village but that it would become part of the Village community. Also, two posters were circulated of the parking within the vicinity of the proposed site. The pictures were taken from 7 :30 -8:30 a.m. during Starbucks peak hours. She felt that Starbucks would help her business and other businesses. She understood the fear of competition but felt that it would make businesses stronger. When Starbucks moved to San Jose, coffee shops lost business for two weeks but after that, regular customers returned. Lee Grey, 14668 Springer Avenue, a 24 -year Saratoga resident, said that he was pleased to hear that the Commission established a policy that commercial competitiveness bears no ruling on the use request. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 6 - John Teter, 19931 Durham Court, stated that he did not believe that Starbucks would fit in with the unique and quaint character of Saratoga. He felt that businesses should be considered based on their ability to enhance the downtown business district and bring customers to the existing business environment. He felt that this business would do the opposite as customers will come in and leave within 15 minutes. He did not believe that the use was in keeping with the General Plan. He said that eight parking spaces are proposed with a turn over rate of four per hour; resulting in approximately 128 customers per day. He felt that something was wrong with the numbers presented when it is being said that the business would operate with most of its revenue generated by 128 customers a day. The business realizes that customers will come from other places. He expressed concern with the traffic at a recognized bottle neck, with cars backing up and trying to get in and out. He also expressed concern for pedestrian traffic. LeaAnn Hernandez, 16160 Jacaranda Way, Los Gatos and 14626 Big Basin Way resident, said that it was perfectly all right when the Fitzsimmons granted the City of Saratoga the use of their property for a farmers market. Traffic concerns were not brought to bear then. Now, there is an issue when the Fitzsimmons want to put their property to another use. She felt that plenty of parking exists in the Village shopping center and the parking district. She felt that competition is good for businesses and that she felt that Starbucks would add to the Village. Melva Vollersen, 13460 Alder Court, a 30 -year Saratoga resident, said that the comer is a bottle neck. She informed the Commission that she has to park over a block when she is in the area. She did not believe that Starbucks would draw customers to the other businesses located in the downtown area as it is a stop and go establishment. She recommended that the space be left available for such uses as a farmers market. She noted that there are two other coffee shops that provide all day coffee and that they do a good job drawing people into Saratoga. Lillian Benson, 14521 Big Basin Way, informed the Commission that she is the owner of Bensons' Antiques located in the Village and that she is a long time Saratoga resident. She said that she was disappointed with the downtown. She noted that individuals will park two to three hours for a massage. She said that she made it her business to drive around to investigate the parking situation. For six nights in a row, there were 60 to 80 parking spaces available. She requested that the Commission stop worrying about Starbucks, parking and other issues. The Commission should concern itself with the traffic and that the City install signs indicating parking areas. Dawn Netherton, 14440 Big Basin Way, said that Saratoga needs to make a decision to allow the existing community stay in businesses. She felt that Starbucks will bring traffic to businesses. She felt that the City needs to encourage use of the land. She felt that Starbucks would add to the community. Jennifer Taylor, 14672 Oak Street, expressed concern with parking and traffic. She read a letter into the record from the principal of the Saratoga Elementary School. The letter states that in order to ensure safety of the streets and to keep the traffic moving that it would make sense to have the children loaded /unloaded on the school side street. The letter further states that the PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 7 - situation would only worsen in future years. The school population increased by 5% last year and that it is anticipated to increase another 5% in the fall 1997 as will traffic. The letter also expresses concern with Starbucks' peak hours of 7:30 -8:30 a.m. Ms. Taylor said that she uses Big Basin Way and that she could not use other streets or Highway 9. She noted that the Saratoga - Sunnyvale Road is impacted. She expressed concern for the children, middle aged and the elderly. She felt that the residents are already experiencing problems with guest parking. Saratoga already has two unique coffee shops. She did not believe that additional traffic and parking on Oak Streets was needed. Marilyn Marchetti, 10701 St. Charles Street, said that she has not been in a Starbucks that is maintained. She said that she walks through the Oak Street/Saratoga- Sunnyvale Road intersection. She acknowledged that this is a busy intersection used by children and the elderly. She expressed concern with traffic in and out of the intersection as it is a dangerous situation. She did not believe that parking was an issue. Betty Riley, a 32 -year resident, felt that practical stores were needed such as shoe stores or dress shops. Michael Andres, 14065 Saratoga Avenue, felt that Saratoga was unique and secluded and that he was disappointed that Starbucks did not take this into consideration. Chris Walker, Mt. View, employee of Starbucks Coffee Company, addressed the opportunity that Starbucks provides to the community (i.e., 20 -25 positions would be made available). He said that Starbucks offers a great benefit package to its employees, including medical /dental plans, a stock option program, a retirement plan, competitive wage and an excellent training program. Barbara Lulu, 14190 Douglas Lane, expressed concern with the invasion of a Starbucks coffee chain into Saratoga. She said that she does not want to see a Starbucks logo behind the oak tree. The Village has at least seven establishments that serve espresso coffee. She questioned the need of another coffee establishment. She understood that small businesses were made to comply with strict parking guidelines. She did not believe that sufficient parking spaces exist. She understood that a parking variance would be necessary with this use. She hoped that the variance approval does not become a trend. She felt that Saratogans were trying to keep its charming ambience in tack and that they were not trying to be inclusionary. Mary Ann Welch, 19520 Kenoha Court, said that left turns are the most dangerous to make in this area. If seven or eight cars are parked on the street, can a fire truck get around them. She recommended that a survey be conducted during peak traffic hours to determine whether making a right turn into and out of the driveway would be a problem. David Down, 21146 Bank Mill Road, did not feel that a non - Saratoga resident who works for Starbucks should have been allowed to address the Commission because he did not address the issues brought forth. He recommended that consideration be given to having less traffic and PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 8 - better safety versus the possibility of having accidents and /or lawsuits. It has been said that 50% of the patrons would be pedestrians. He said that the pedestrian walkway is already congested, noting that it is not a well -lit intersection. The intersection at Big Basin Way at the fire house is the most active in Saratoga. Yet, an application is being considered that would make this intersection more congested. Cars heading west through the intersection will stop for .pedestrians and the traffic would back up from the fire house toward Los Gatos. Betsy Medak, 21121 Canyon View Drive, expressed concern with parking. She said that it is difficult to find parking during the weekends and holiday seasons. She did not believe that the addition of another coffee shop /restaurant would bring customers to the Village due to the lack of parking. Joseph Mazek, 14461 Big Basin Way, said that he was one of the original parking district participants. He felt that people are using the parking district without paying into said district. He objected to another business impacting the parking.district. He stated that he would be willing to allow Starbucks to pay into the parking district and not into the City coffers. Don Whetstone, 14395 Saratoga Avenue, a business owner across from the site, said that he goes through intersection by foot and car. He confirmed that a traffic congestion exists in this area. He did not believe that the already difficult traffic situation should be impacted further. He felt that a parking shortage already exists and that he was not supportive of individuals using his parking spaces. Mitchell Cutler, 14678 Stone Ridge Drive, said that he did not believe that the issue was that of competition but that the issue was that of the appropriate use for the site. He did not believe that this was the appropriate site for Starbucks as there are parking, traffic and safety concerns. He said that it has been stated that the Oak Street residents and the elementary school children will be directly affected by increased traffic. The community is not saying no to Starbucks but that it is saying no to this location. Kathi Hammill, 14704 Aloha Avenue, said that as a nearby resident and parent of two children at Oak Street School; she did not see a problem with Starbucks locating in the Village. She did not believe that a problem exists. She said that it breaks her heart to see how lively Los Gatos is and how dead Saratoga is dead. She drinks coffee and did not believe that there are enough coffee places. She felt that coffee shops would allow individuals to shop. Forest Durland, 14675 1/2 Big Basin Way, stated that Starbucks would be good for the Village. He has heard Village businesses complain about the lack of business. Starbucks will bring business to the Village. Regarding traffic, he felt that the solution was improving Highway 9. He recommended that children be loaded and unloaded on the side street. He felt that decorations to the parking entrance would make individuals feel welcome. He recommended that the Commission be positive and think of solutions and not the impossibilities. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 9 - Dennis Cunningham, 14401 Big Basin Way, said that he conducted a survey for 13 years regarding the grid lock at this intersection. He felt that there is a serious traffic problem in this area. Individuals using Highway 9 do not follow the traffic of keeping the area clear and cue into the center. He said that his business was not granted a parking variance. He felt that the issue was a grid lock issue and not a coffee issue. Marilyn Bierach, 14920 Jerris Road, concurred that traffic is a problem. During the summer months, traffic from the farmers market backs up to the Lutheran Church. She noted that the Argonaut shopping center has a vacant building for Starbucks to locate. Nick Goddard, 20 Baniels Avenue, Los Gatos, informed the Commission that he is a member of cyclist group that visits Saratoga every weekend. He said that bikes are left all over the sidewalks, noting that Starbucks proposes the installation of bike racks. He stated his support of Starbucks approval. Rich Blish, 14676 Wildberry Lane, stated his support of Starbucks and felt that it would be a fine addition to the community. He did not believe that Starbucks should be blamed for existing problems. He felt that the idea that Saratogans are better than everybody else needs to be examined. Bob Ray, 21330 Argonaut Drive, said that he chose to live and establish his business in Saratoga because it is unique. He specializes in retail marketing and is aware of the concerns. The concern is not traffic but the heart of Saratoga. He addressed Ms. Fitzsimmon's letter contained in the newspaper. The article recommended that the market be opened. He did not believe that Starbucks was needed and that it would make it a shopping destination. He felt that there is residual traffic congestion not only for Saratoga residents but to others who visit Saratoga. He requested that the Commission consider and make a choice for Saratoga. Randell Kemp, 12334 Beauchamps Lane, expressed concern with traffic and safety. He said that the downtown area is dead and that it was not a vibrant situation. He did not see a huge traffic problem during the Starbucks' peak hours. He noted that Starbucks tries to locate in an in line shopping area where there is traffic. He said that Starbucks would keep people longer in the Village. It was his believe that some opposition may believe that they are here, they are unique and that they want to keep everyone else out. Jo McDowell, 20520 Reid Lane, opposed Starbucks' site selection and recommended that other alternate sites be considered (i.e., Argonaut Shopping Center). She said that other cities have located Starbucks in their peripheries. She noted that Starbucks is always busy and that customers will have to wait for parking, impacting traffic circulation. Karl Holtz, 21160 Canyon View, informed the Commission that he has worked in the coffee industry for the past ten years. He has seen what Starbucks has done to the industry (reducing sales of existing coffee shops). He did not believe that Starbucks will bring business to Saratoga. He expressed concern with the uniqueness of Saratoga and the existing mom and pop stores. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 10 - Travis Foster, 21160 Canyon View Drive, felt that the site is unique and that it is the first thing that you see when you come into Saratoga. He asked where the farmers market would locate if this use is approved at this site. He felt that the farmers market brings life to Saratoga. Brad Daniels, 12881 Pierce Road, a 16 -year resident and business owner, expressed concern with the character of the Village. He felt that this is one part of Saratoga that corporate America has not taken over. He did not believe that fast food chains are appealing. Sasha Lunginovie, 19982 Big Basin Way, said that Starbucks is a chain. If chains are brought into Saratoga, they will impact existing businesses because you cannot compete against a chain. If the City approves this request, it would be a business mistake. Sol Zeltzer, 14436 Esterlee Avenue, felt that the character of California has changed. He enjoys the character of Saratoga and felt that Starbucks would have an affect on Saratoga, impacting small businesses. Valli Sharp - Geisler, San Jose, said that she was late to her Planning Commission meeting and that she did not know that a Starbucks was moving into Willow Glen across the street from a mom and pop coffee shop that she frequented. She felt that small businesses need to be supported'. She recommended that Saratoga maintain its ambience and help its small businesses. Phil Jacklin, a 34 -year resident, stated his opposition to the Starbucks request. He noted that there are regulations that cannot be met through the economic process. He felt that it was desirable to have local ownership. He did not believe that there was enough room in Saratoga for three coffee shops. He felt that Starbucks would eventually close the locally owned coffee shops. Jenny Crotty, 13861 Raven Court, stated that she patronizes the local downtown businesses. She did not feel that Starbucks would be hurt if not allowed to locate in Saratoga. She noted that the existing small coffee shops have donated to the community without asking for recognition. Tia Marciel, 19803 Merribrook Court, felt that the quality of service was the issue. She said that she has experienced unsightly appearances and uncleanliness of other Starbucks establishments. She felt that the existing businesses will be hurt if the City approves the requested use permit. Sid Sanjideh, 14567 Big Basin Way, expressed concern with a new business locating in the area as a parking problem exists, noting that a parking study has not been completed. He said that a parking problem exists during the lunch and dinner hours. Mr. Taylor thanked the residents for expressing their concerns. However, he felt that many concerns were based on some element of fear. Starbucks is considered as a large corporation but that it does not advertise. He said that the issue of cleanliness is upsetting because Starbucks takes pride in cleaning its stores. He will investigate the isolated incidents and have them rectified. Starbucks also contributes to the community in other cities. He has requested letters PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 11 from landlords that suggest that Starbucks have increased sales and vitalized the areas that they locate. He stated that Starbucks would be willing to pay into a parking district though it is not required. As for the problem on Oak Street, a 25 miles per hour speed limit is posted wherever there is a school. Starbucks is concerned with the safety and welfare of the residents. As a land use issue, Starbucks has gone above and beyond the issues to address the site plan and circulation issues. He said that Starbucks wants to be a part of this community. COMMISSIONERS SIEGFRIED /PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 9:25 P.M. Chairwoman Kaplan thanked the public for its cooperation in these proceedings and for its input. Commissioner Abshire said that parking studies have been conducted in Saratoga and that he personally conducted a parking study a year ago focused during the dinner hour every night for a week. He said that he could not find a night in Saratoga where he could not find a parking space. He agreed that the east side of town has a parking problem. He agreed that he had to walk a little but found a parking space. Commissioner Patrick thanked Starbucks for bringing out individuals to the meeting. She felt that Starbucks may be a good neighbor but that issues need- to be addressed. She felt that the issues that the Commission need to address are that of parking and traffic. She felt that if a parking lot did not exist in front of Starbucks, that there would not be a need to make a left turn into Starbucks and that there would not be a problem with circulation. The proposed parking appears to be causing the problem as far as circulation. She stated that she could not approve the use based on the left turn movement because it would create a circulation problem. Also, the site is located too close to the intersection, contributing to the traffic problem. Commissioner Pierce suggested the closure of Big Basin Way as an alternative. He said that he appreciated the comments expressed this evening. He felt that the two issues of concern were that of parking and traffic circulation. He felt that there was plenty of parking on the street and the parking lot across the street. He stated that he conducted his own survey during the week. He said that he was concerned with traffic. It was his belief that there was a need to improve the day time use of the Village such that he could support the application knowing that there is to be an increase in traffic. However, he did not believe that the traffic impact would be that great. He supported Commissioner Patrick's alternative of eliminating the entrance onto Big Basin Way and to access the site by the side street. He said that he visited the Starbucks located in Los Gatos and Westgate and found them to be clean and a good operation. With the recommendation to close the Big Basin Way entrance, he could support the application. Commissioner Patrick said that she did not know whether the closure of Big Basin Way would help mitigate the traffic problem. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 12 - Commissioner Siegfried felt that the issue was inadequate parking and circulation. Therefore, he would not support Starbucks at this location. He said that he welcomes Starbucks and that the Commission could not address economics. Commissioner Bernald commended the public attending this meeting on a rainy night. She agreed with Commissioner Siegfried that this is not a free enterprise issue. She expressed concern with the parking spaces allotted to the facility. She found that the eight parking spaces would be difficult to maneuver. In reviewing the peak hours, 45 individuals in 60 minutes equals to one person every five minutes driving into the site. All these individuals would not be able to park on -site. She could not see safety being mitigated if eight cars are trying to back out every five minutes with pedestrians and bicyclist intermixed. She also expressed concern with the traffic flow. The exit onto Saratoga Avenue will create congestion too close to the traffic light. As such, she did not believe closing Big Basin Way would mitigate this concern because the entrance into the spur would be closer to the traffic light. She expressed concern with delivery trucks throughout the day and asked how they would access the area to deliver. If delivery trucks park on the street, they would impact visibility. She said that she had no problem with Starbucks locating in Saratoga, but that she did not believe that this site would be appropriate. Commissioner Murakami appreciated the public's attendance. He agreed that the site was a problem. Access into the area is very limited, especially the left -hand turn. He said that he did not have anything against Starbucks and that it would be a good addition to the town if nicely designed. However, he could not approve it at this location. Chairwoman Kaplan concurred with the comments expressed by her fellow Commissioners. She said that she was concerned with parking. She said that she has less of a problem with the off - site parking than she does with the on -site parking. She did not believe that individuals would use the parking lot to walk behind.the building to access Starbucks. She said that the issue was that of parking and circulation and therefore could not support the request. COMMISSIONERS ABSHIRE /PIERCE MOVED TO APPROVE RESOLUTION NO. UP -96- 018. THE MOTION FAILED 2 -5 AS FOLLOWS: AYES: ABSHIRE, PIERCE; NOES: KAPLAN, BERNALD, MURAKAMI, PATRICK, SIEGFRIED. COMMISSIONERS SIEGFRIED /PATRICK MOVED TO DENY UP -96 -018 AS FINDINGS COULD NOT BE MADE TO GRANT THE USE PERMIT BASED ON PARKING AND CIRCULATION. Commissioner Pierce recommended that the public hearing be reopened to ask the applicants if they would be willing to reconsider alternatives. COMMISSIONERS PATRICK / SIEGFRIED WITHDREW THEIR MOTION. Community Development Director Curtis recommended that the Commission discuss whether it would consider other alternatives. PLANNING COMMISSION MINUTES JANUARY 22, 1997 PAGE - 13 - Commissioner Bernald expressed concern that customers would be using the parking district and cross the street to access Starbucks. Also of concern was having this use close to this intersection and impede traffic flow. Commissioner Siegfried did not believe that the Commission should be entertaining a situation of opening a business in town where no parking exists. Although the parking district is not used to the extent that it should, the district was designed to pay for a certain amount of usage per building. Commissioner Patrick said that she would agree to continue the public hearing to see if the use meets the parking requirements. The continuance would also allow the applicant to see if they can provide 8 -16 parking spaces off -site. Mr. Taylor said that he would agree to a continuance and stated that Starbucks would agree to pay into a parking district. COMMISSIONERS PATRICK/BERNALD MOVED TO CONTINUE THE PUBLIC HEARING TO FEBRUARY 12, 1997 TO ALLOW FURTHER DISCUSSION OF THE ADEQUACY OF THE OFF -SITE PARKING SPACES. THE MOTION CARRIED 6 -1 WITH COMMISSIONER SIEGFRIED VOTING NO. DIRECTOR ITEMS - No Director's Items were reported. COMMISSION ITEMS - No Commission Items were reported. Written 1. City Council Minutes dated 12/18; 1/6; 1/7/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 10:03 p.m. to 5:00 p.m., Wednesday, February 12, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk rr\eco102297.SAR v ANNING COMMISSION MINUTr JANUARY 8, 1997 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting Chairwoman Kaplan called the meeting to order at 7:35 p.m. Roll ll Present: Abshire, Bernald, Kaplan, Patrick, Pierce, Siegfried Late: None Absent: Murakami Staff: Community Development Director Curtis and Planner Walgren. City Attorney Riback was not present. Min - 12/11/96 COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE THE DECEMBER 11, 1996 MINUTES AMENDING PAGE 7, PARAGRAPH 3, TO NOTE THAT TREES 4 AND 5 ARE TO BE SAVED. Chairwoman Kaplan referred to page 7, paragraph 5, of the minutes. She did not believe that the minutes reflected the correct response by the applicant regarding providing a gas burning fire place. It was indicated that the minutes correctly reflected the applicant's response. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 3, 1997. Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR PUBLIC HEARING CONSENT CALENDAR 1. V -96 -011 - PAK; 21441 TOLLGATE RD; Request for Variance approval to construct a new 704 square foot three -car carport and a new pool pursuant to Chapter 15 of the City Code. Variance approval is requested to allow the carport to be located within the front and exterior side yard setbacks. The subject parcel is 1.2 net acres and is located in a Hillside Residential zoning district. (Continued to 1/22/97 at the request of staff and the applicants to pursue revised plans; City review deadline expires 4/17/97). PLANNING COMMISSII MINUTES JANUARY 8, 1997 PAGE - 2 - COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. PUBLIC HEARINGS 2. DR -96 -058 - BLACKWELL BROTHERS, 13145 PIERCE ROAD. (Lot 6); Request for Design Review approval to construct a new 6,140 sq. ft., one -story single family residence on a 48,000 sq. ft. parcel and a request for an exemption from the floor area reduction requirements for structures exceeding 18 ft. in height per Chapter 15 of the City Code. The property is located in the R -1- 40,000 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 7:40 p.m. Greg Blackwell, applicant, informed the Commission that he would answer any questions which it may have. He displayed a model of the proposed home and addressed the architectural design. He said that the 26 -foot tower element is proposed to be 107 square feet. Planner Walgren stated that a letter was received from Andrew Carter and Cathy Dolan, 13191 Pierce Road, requesting Planning Commission denial of the floor area exemption request because the home, as proposed, is over - sized. Renee Jacobs, 13093 Pierce Road, said that it was indicated at time of subdivision approval that the homes were to be moderate sized. She informed the Commission that this was the first notification that she has received for this item and that she did not receive notice of previous public hearings for other lots, noting that her address was listed incorrectly. Chris Waldon, project architect, said that the reason for the exception was due to the tower element. If the height exception is not approved, the tower element would be eliminated. He felt that the tower element adds to the design of the home. Chairwoman Kaplan felt that the home was large and that she would recommend the elimination of the tower element. Brian Glennon, 13091 Pierce Road, spoke on behalf of his parents who reside adjacent to this development. He informed the Commission that this parents did not receive notification of any public hearings. He felt that the home was a lovely home but that it was a large home. He said that this is an old neighborhood and that he did not believe that the design fits in with the standards of the neighborhood. COMMISSIONERS PATRICK /PIERCE MOVED TO CLOSE THE PUBLIC HEARING AT 7:50 P.M. PLANNING COMMISSY MINUTES JANUARY 8, 1997 PAGE - 3 - Commissioner Patrick felt that the home, as designed, is large and that it would spread around the corner lot, impeding the vision of the corner lot. This would create a dangerous situation. Therefore, she could not approve the application. Commissioner Siegfried stated that he resides on Surrey Lane. He agreed that the design of the home is large. He said that he liked the design of the home and that he would approve it if the tower element is eliminated. Commissioner Abshire stated that it is a well designed Spanish California style home. He felt that the tower element was an integral part of the design. He said that he would support the design of the home with the elimination of the tower element as the neighbors are opposed to the size of the home. Commissioner Pierce also felt that the home was well designed but that it was large. If the tower element is eliminated, he could support the application. Chairwoman Kaplan asked what would be the appropriate action to take if the tower element is to be eliminated? Community Development Director Curtis responded that the project could be approved conditioning the removal of the tower element with staff reviewing the final design. Planner Walgren clarified that should the exemption from the floor area reduction be denied, the tower element is to be eliminated and that no portion of the house is be taller than 18 feet. COMMISSIONERS PIERCE /SIEGFRIED MOVED TO APPROVE RESOLUTION NO. DR -96- 058, DENYING THE EXEMPTION OF FLOOR AREA REDUCTION AND WITH THE STIPULATION THAT THE HOUSE IS TO BE NO HIGHER THAN 18 FEET. THE MOTION CARRIED 4 -2 WITH COMMISSIONER PATRICK AND CHAIRWOMAN KAPLAN VOTING NO AND COMMISSIONER MURAKAMI ABSENT. 3. DR -96 -056 & UP -96 -016 - ARGONAUT ASSOCIATES; SARATOGA- SUNNYVALE RD. AT BLAUER DR.; Request for Design Review approval to redevelop and expand the Argonaut Shopping Center by renovating the existing commercial structures and constructing two new free - standing buildings. Use Permit approval is necessary to allow the existing 30,070 sq. ft. Safeway Supermarket to be expanded by 10,720 sq. ft. pursuant to Chapter 15 of the City Code. The property is located in a Commercial - Neighborhood zoning district. An environmental Initial Study and subsequent Negative Declaration have been prepared for this project pursuant to the requirements of the California Environmental Quality Act. (Continued from 11/26/96 to consider design alternatives; City review deadline is 4/25/97). ---------------------------------------=------------------------------------------------=-- - - - - -- Senior Planner Walgren presented the staff report. He said that staff feels that more thought needs to be given to improving left turns out of the center onto Saratoga - Sunnyvale Road. He indicated that staff asked the applicants to investigate whether there was sufficient right -of -way along Saratoga- Sunnyvale Road to allow a left turn out pocket or some other alternative that may PLANNING COMMISSN !MINUTES JANUARY 8, 1997 PAGE - 4 - work (i.e., installing boot detectors on the ingress aprons that would be tied to the Blauer Drive and Pierce Road signals)., He said that the architecture of the center still remains an issue because the design does not provide something distinctive enough for the shopping center. Chairwoman Kaplan asked City Engineer Perlin if the applicant was to realign the road, would that help mitigate the flooding situation? City Engineer Perlin stated that the flooding situation may have been solved with the improvements installed last fall. He informed the Commission that the state would be reviewing drainage design improvements for this area. He felt that staff's recommendation for the installation of a left -turn pocket made sense. He agreed that something needs to be done to ease the ability of south bound exiting traffic. Commissioner Abshire asked if any modifications have been proposed to the park area located on the north side of the property line? Planning Walgren responded that the park area remains as proposed at the November 26, 1996 meeting. Chairwoman Kaplan opened the public hearing at 8:05 p.m. Alex DeLeon, project architect, provided the Commission with a three dimensional perspective of the .proposed shopping center. He said that he drove around Saratoga to get a feel of its architecture. He felt that there are two architectural styles found in the City of Saratoga: a rural and an upscale estate design. He indicated that he originally drew upon the upscale design. He informed the Commission that the owners are requesting the design of a fresh new look. The design proposes the use of towers, columns, portals, and arches to unify and break up the building. He informed the Commission that there is over a fifteen foot drop from one end of the building to the other. He indicated that the tower element would be the focal element of the center. He informed. the Commission that some of the bays between the columns do not have store fronts and that the trellises were introduced in these areas to allow plants to grow and fill in the blank space. He noted that the color scheme was toned down to two neutral tan/earth tone shades. Mr. DeLeon addressed the creek area. He stated that it is proposed to remove the chain link fence and replace it with a six foot high wood fence. He informed the Commission that his clients spoke with their attorney regarding the suggestion of installation of landscaping and outdoor furniture. The attorney has advised that nothing be done to encourage individuals to utilize the creek because of liability. He said that a sound wall is proposed on the east and north side property lines to help provide the townhome owners with privacy and security. He stated that motion detector activators and speed bumps are to be installed to provide the residents with added security and to slow traffic down. Mr. DeLeon said that the trash enclosures would have locked gates. The Existing trees on the north and northeast sides of the property would remain with the exception of those trees that need to be pruned for the installation of a sound wall. The lower Blauer Drive elevation has existing pear trees located on pad A and that they are to be pruned and retained to match those located on the other side of the street. PLANNING COMMISSI( MINUTES JANUARY 8, 1997 PAGE - 5 - Mr. DeLeon noted that the plans depict the bus stop dug out that was requested by the Transit Authority and also shows the location of the bus shelter. He informed the Commission that the project's traffic engineer was present to address circulation of the shopping center. He addressed the pull out lane and the left turn pattern of the shopping center. He said that the free standing sign was proposed to be proportioned and scaled to the size of the building. He noted that the proposed sign exceeds the forty foot maximum allowed under the Sign Ordinance. The center has 900 linear feet of street frontage and that he did not believe that the 6' x 12' sign would stand out. Commissioner Pierce asked if consideration was given to using other roofing material (i.e., slate or concrete material). Me. DeLeon responded that a single, continuous membrane is proposed for maintenance and to retain color. Richard Hopper, project traffic engineer, informed the Commission that he performed the traffic and parking analysis for the shopping center. He addressed the distribution of traffic in and out of the center, noting that the analysis was conducted over a period of time. Left hand turn volume out of the center of the driveway was approximately 15%. The distribution of traffic to the center is approximately 45% to the north from the Saratoga - Sunnyvale Road, 35% to the south and 20% on Blauer Drive. The volume traffic to be generated during the afternoon peak hour is projected at 160 vehicles making a right turn and approximately 55 vehicles turning left onto the street. A volume of traffic on the Saratoga - Sunnyvale about 2,100 vehicles. The amount of traffic that turns left out of the driveway is small in comparison to the total traffic to be generated by the center and to the flow of traffic on the street. If the Commission was considering adding some measure of interrupting traffic signals at either side of the center, it would result in stopping traffic for a very small traffic volume. He indicated that there were other alternatives (i.e., using the traffic signal at Blauer to make the turns, control the median area to allow left turns into the center and to the street opposite the center but not allow left turns out of the two side streets). Anyone heading south would be forced to use Blauer Drive as the safest alternative. He indicated that there is a problem with traffic heading south leading into the left turn lane to the Blauer intersection, resulting in traffic leaving the center on the acceleration lane, creating an unsafe situation. Commissioner Siegfried asked Mr. Hopper if he investigated staff's suggestion of the use of a tripping mechanism for the Blauer Drive and Pierce Road signals? Mr. Hopper felt that the signals could be interconnected to create a periodic interruption of traffic flow along the streets. Breaking the traffic flow for a period of time would interrupt traffic coming out of the center. He felt that there were other alternatives to solve the problems. Chairwoman Kaplan stated that she would be concerned with the criss - crossing of traffic out of the center. She felt that it may be better to eliminate the left turns and divert traffic to the Blauer Drive traffic signal. City Engineer Perlin felt that the elimination of the left turn from the entrance and diverting traffic southbound may be a viable solution. However, the Brandywine residents may be precluded from heading north if this alternative is used. If this is to be considered, he recommended that the residents of Brandywine be notified. PLANNING COMMISSP MINUTES JANUARY 8, 1997 PAGE - 6 - Commissioner Pierce asked if a traffic safety problem exists? City Engineer Perlin informed the Commission that there have been a few accidents at this location. He felt that safety could be addressed through redesign. He recommended that the traffic engineer be requested to submit a redesign for staff review. Mr. Hopper stated that he would pursue alternatives. Chairwoman Kaplan asked if there would be enough room to allow egress out of the site should double parking occur. Mr. Hopper stated that double parking occurs in shopping centers and that he would look at the design of roadway. It was noted that the drive aisle was at 30 feet and would allow adequate circulation. Commissioner Patrick asked why the stone work was not going all the way up the columns? Mr. DeLeon stated that the use of stone work was a nice design element. He felt that when a single homogenous material goes all the way up, it makes the column appear bigger. Commissioner Patrick recommended the use of round stones instead of vertical stones to mitigate the flat, monotonous design. She also recommended that the -stones go up higher than proposed. She expressed concern with the triangular shape of the pyramid roofing. She recommended that a softer edge be utilized. Chairwoman Kaplan expressed concern with the lack of trees used to break up the expanse of the building. Mr. DeLeon stated that if you place trees in front of the facade, you would be blocking the building signs. Chairwoman Kaplan felt that there were a number of wall elements with no signs connected to them that would not be hindered by tree plantings: She recommended that the entrance of the shopping center be given a better treatment. Commissioner Bernald expressed concern with the concrete soundwall located to the east of the site. She did not know how the trees were going to survive with concrete pillars and post located adjacent to them. Mr. DeLeon stated that concrete precast panels with piers are to be installed every 10 to 12 feet and that some areas would be jogged around the trees. As such, he did not believe that there would be a significant impact to the root system of the trees. Ed Storm, - developer, said that a big effort was made to redesign the center to give it a different appearance. It was decided that a design was needed to attract residents. He stated that opening the creek area to the public would not be done unless the City takes full liability (indemnify property owners). Trees are not proposed to be planted in -front of the building so that building and retail activity can be seen. He said that he was trying to be responsive to the needs of the community. Consideration was given in the design of the median at Blauer Drive. He requested approval of the design and stated that he would be willing to work with staff regarding turning movement. Richard Noodleman, 20420 Pierce Road, furnished the Commission with correspondence on behalf of the homeowners association. He said that he met with Mr. Storm in December to address the homeowners' association concerns. He has not been able to go over the issues raised in a letter of response from Mr. Storm received yesterday. He said that he was not supportive of a park -like setting or creek -side gathering area because of the existing loitering problem. He PLANNING COMMISSU MINUTES JANUARY 8, 1997 PAGE - 7 - felt that the situation would be made worse with a park setting. He felt that the installation of vegetation would discourage individuals from staying there. In his letter dated December 22, 1996 to Mr. Storm, he addressed locking the dumpsters. In the letter from Mr. Storm, it was indicated that the dumpsters were not to be locked. He said that security and safety issues are of concern to the homeowners. He recommended that an on -site security person who could monitor situations and deal with problems immediately be required. He also recommended that a hot -line be provided to enable the homeowners to communicate with management. Dr. Noodleman requested that the window located on the north face of the building be frosted so that privacy is maintained to the townhomes located across the way. He felt that additional dialogue was needed to determine the location of the soundwall, its elevation, and the material to be used. He expressed concern with pedestrian safety and suggested that a pedestrian walkway be installed. He requested that these issues be dealt with prior to project approval because of their impacts to the adjacent residents. Mr. DeLeon stated that a pedestrian line of travel could be installed (i.e., restripping of the asphalt for pedestrians to utilize). He said that there is a grade elevation difference, noting that the individuals closer to the Saratoga - Sunnyvale Road are down the hill from the parking lot. The sound wall is proposed at six feet and that it would mitigate sound. However, it may appear too much of a barrier. Regarding the issue of the window, he said that this was the only window proposed in this area and that it would be a benefit to allow management to look out. He informed the Commission that the material for the sound wall is to be precast with the back side stuccoed. Mr. Storm informed the Commission that the dumpsters will have latches but that they would not be permanently locked. He felt that the soundwall will help mitigate the view of the dumpsters and that the sound wall will prohibit intrusion to the shopping center, affording additional security. He indicated that a full time on -site security guard could not be guaranteed but that the property manager's phone number would be made available to the residents. He stated that he would be willing to work with the residents and staff to address their concerns regarding the height and the details of the soundwall. He informed the Commission that the project was under a time constraint and requested that the Commission act on this application this evening. Commissioner Siegfried asked if Mr. Storm has access to a private security. Mr. Storm responded that he does have access to security within an hour of being contacted. COMMISSIONERS PIERCE /BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. Commissioner Abshire felt that the shopping center lacked a prominent feature that would attract shoppers to it. He felt that there was a better alternative to the installation of a six foot fence to the creek. Commissioner Patrick encouraged the opening of the creek area and making it accessible to the public although she understood the liability concerns. She did not believe that blocking the area PLANNING COMMISSU MINUTES JANUARY 8, 1997 PAGE - 8 - off with a fence was the answer. She did not see an architectural feature that would attract her to the shopping center. She appreciated the willingness of the applicant to improve the center. She also understood the time constraints as explained by the applicant. Regarding the architectural design, she felt that the design takes on the appearance of a Cupertino or Hamilton /Bascom Avenue design (a generic design). She supported the installation of the stripped walkway and that left turns onto Saratoga - Sunnyvale Road be blocked. She expressed concern with the installation of a soundwall because individuals would be blocked off from commerce. Commissioner Bernald stated that she did not believe that the design was specific to Saratoga. She said that she did not like the use of 3 to 4 feet stone. She also did not like the color of the turquoise tower roof material. She expressed concern with the median and the use of concrete on Blauer Drive. She also expressed concerned with the liability of the creek and recommended that other options to the fencing with installation of landscaping be considered. She said that she did not like the turquoise towers and recommended that this element be toned down. She stated her appreciation of the changes that have been made through this review process. She stated that she hoped to see more changes as the review process proceeds. Commissioner Pierce recommended that the medians be dressed up. He also recommended that the crosswalks incorporate stamped concrete. He said that he was not crazy with the proposed design of the center but stated that he could approve it if an alternative roofing material is used (i.e., slate roof). Regarding the area next to the creek, he did not believe that it would create a problem if the area was fenced off. He felt that an attractive wooden fence that is offset would satisfy his concern. He shared Dr. Noodleman's concern with the security of the dumpsters. He requested that this issue be resolved. He did not believe that it would be necessary to have a security guard present at all times and that he felt that the clear glass window in the manager's area would be more of a help than a hinderance. He stated that he liked the landscape as proposed and that he did not believe that it would be necessary to install trees next to the buildings He liked the use of trellis and 'recommended that addition trellis be used to add continuity from the out buildings to the main building. Commissioner Siegfried supported Commissioner Pierce's concerns. He stated that his main concern with the building is the green roof. He felt that an alternative roofing material could be used. He agreed that something needed to be done to Blauer Drive with regards to the median. Also, something needs to be done in terms of the circulation pattern in order to avoid left turns out of the shopping center. He agreed with the developer that making the creek area accessible to the public would add to the existing loitering problem. He did not see a reason to require a full -time security guard. He recommended that a condition be added to require that the neighbors be furnished with a phone number and to ensure that the manager has short term access to a security guard. If problems occur, more stringent requirements could be imposed under the use permit to provide public safety. He agreed to allow the applicant to work with staff and the adjacent residents to work out the height and materials to be used in the median to be located to the north of the project. He stated that he would support the application with the identified changes. PLANNING COMMISSF MINUTES JANUARY 8, 1997 PAGE - 9 - Chairwoman Kaplan stated that she did not support the two free standing buildings. She said that the monument sign has not been addressed. She noted that the existing sign blocks her view into the parking lot. She said that she did not want to see a big sign approved and that she would need to see some color representation of the proposed sign. She requested that the light standards be reviewed to ensure that the entire area is well lit, particularly the Blauer Drive corners. She felt that it was important to have the dumpster locked by means of a keypad or other alternatives. She did not have a problem with the clear window located to the north of the site. She did not want to see the installation of a soundwall to the north of the site. She did not believe that there were enough trees proposed in the parking -lot. She said that she was not impressed with the design of the shopping center as it is a continuous, long building. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING AT 9:43 P.M. Community Development Director Curtis recommended that this item be continued to a work session to discuss design alternatives and to review color chips. Mr. Storm said that he would support a continuance as long as it is a short continuance. COMMISSIONERS PATRICK/PIERCE MOVED TO APPROVE THE NEGATIVE DECLARATION FOR APPLICATION DR -96 -056 AND UP -96 -016. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CONTINUE THE PUBLIC HEARING TO A WORK SESSION ON JANUARY 22, 1997, 5:00 P.M. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. DIRECTOR'S ITEMS Community Development Director Curtis informed the Planning Commission of the following: Upcoming Planning Commissioners' Institute. He requested that he be notified if any Commissioners wish to attend. January 17: Planning Commission retreat to begin at 9:00 a.m. The following four topics are scheduled for discussion: signs, City geologist presentation, work program, and the review of the City's budget with recommendations to be forwarded to the City Council by February 3. COMMISSION ITEMS 1. Bicycle Committee Appointment. Chairwoman Kaplan appointed Commissioner Bernald to the Bicycle Committee. Chairwoman Kaplan asked if the applicant was proposing to install gas burning fireplaces because PLANNING COMMISSI, MINUTES JANUARY 8, 1997 PAGE - 10 - it was her intent to have at least one gas burning fire place installed for application DR -96 -052 - Pinn Brothers Construction; 20855 Saratoga Hills Road. Community Development Director Curtis said that he would write a letter to the applicant informing him of the Commissions requirement relating to the installation of a gas burning fire place. Chairwoman Kaplan recommended that an ordinance be adopted to require the installation of gas burning fireplaces. COMMUNICATIONS 1. City Council Minutes dated 12/3; 12/4; 12/10/96 2. Planning Commission notices for 1/22/97 City Council ADJOURNMENT - There being no further business, the meeting adjourned at 9:55 p.m. to 9:00 a.m., Friday, January 17, 1997, EOC Conference Room, 13777 Fruitvale Avenue, Saratoga, CA Respectfully Submitted, Irma Torrez Minutes Clerk IT \PC010897.SAR