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HomeMy WebLinkAbout1998 Planning Commission MinutesCITY OF SARATOGA PLANNING COMMISSION MINUTES TUESDAY, DECEMBER 9, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chairman Pierce called the meeting to order at 7:30 p.m. Roll Call: Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chairman Pierce Absent: None Staff. Director Walgren Pledge of Allegiance Minutes - November 24, 1998 On a motion by Commissioners Patrick / Martlage, the Commission approved the November 24, 1998 minutes with the following amendments: - Page 1, under Roll Call, indicate Commissioner Bernald in attendance. - Page 1, under Oral Communications, correct the spelling of Marcia Fariss. - Page 1, under Oral Communications, line 5, amended to read: "...community what happens in the Via} Argonaut Shopping Center ... She felt that a blanket statement was made by Mrs. Fariss Without getting enough facts..." - Page 2, Agenda Item 1, paragraph 1, line 2 amended to read: "...Fire district's review. He did not believe that the fire district requested additional conditions on their transmittal but that staff noted that the high fire hazard area boundary has been extended to run north -south along Saratoga - Sunnyvale Road and the middle of Highway 9..." - Page 6, paragraph 2, line 4 amended to read: "...You have the traffic for restaurants but that there are only a few commercial +dets properties that exist (small office buildings) pr-apeAy that do fiet have provide a tax base during the day." - Page 6, paragraph 7, line 2 amended to read: "She asked if the vendors are happing hoping that whem things tu-n nd that the Area ill develop commercial development might aff4 enhance their businesses. - Page 7, paragraph 4 amended to read: "Commissioner Bernald said that the Davis property exists as an office - commercial use and that there is the aptieo of being developed as has been consideration for development of bed and breakfasts ^r. ffli^th°~ use in the past. - Page 7, paragraph 5, amended to read: "...block from the Village and that she does not patronize the Village as often as she might like and as frequently as individuals who live further away might do. To state that there is going to be a family that will shop in the Village is Femate subjective and shouldn't be a consideration as to whether or not the site becomes "residential ". - Page 8, paragraph 9, replace Wavis' with Davies'. PLANNING COMMISSION N#JTES DECEMBER 9, 1998 PAGE - 2 - Oral Communication No comments were offered. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 4, 1998. Technical Corrections to Packet Director Walgren indicated that there were no technical corrections to the packet. 1. V -98 -011 (503 -19 -157 - LOH, 20651 Leonard Road; Request for Variance approval to allow a recently constructed detached accessory structure to both exceed the maximum permitted floor area for the site and to encroach into the required 30 foot front yard setback. The structure was built without City building permits. The Variance application includes a gazebo structure and a detached rear yard deck that also encroach into required setbacks and were also built without permits. The subject property is 1.48 gross acres in size and is located within an R -1- 40,000 zoning district. (CONTINUED TO 1/13/99 AT THE RECOMMENDATION OF STAFF). ----------------------------------------------------------------------------------------------------------------------------- ON A MOTION BY COMMISSIONERS PATRICK/BERNALD, THE COMMISSION UNANIMOUSLY (7 -0) APPROVED CONSENT CALENDAR ITEM 1. PUBLIC HEARINGS 2. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each. Subdivision approval is required to divide the property into three lots (one lot for each of the two units and a third lot for common space). Use Permit approval is required to allow residential development in the CH -2 zoning district without a commercial component of the project. Dedicated public open space is also a requirement of approval. The site is 16,160 square feet. (CONTINUED FROM 11/24/98). Director Walgren presented the staff report. Chairman Pierce opened the public hearing at 7:45 p.m. Gene Zambetti, applicant, informed the Commission that he would be occupying rear unit B. He stated his agreement with the staff report, including the open space to the rear of the property. He said that he would like the surrounding neighbors to know that he will be working to make sure that the open space fits within the community and that no problems will result with the open space and its access. He requested that the project be approved this evening. He informed the Commission that lie will be preserving some of the existing tiles and incorporate them in the design of the garden. He said that he is willing to strike a balance with the open space to allow the community to enjoy the creek area. PLANNING COMMISSION M�L_ . JTES - DECEMBER 9, 1998 PAGE -3- Gary Kohlsaat, project architect, reflected on what was discussed in the study session regarding the architecture of the building. He said that he worked with the constraints associated with the site and that he created shadow lines to articulate the design. He stated that the next door neighbor may have a view of the building(s) but noted that a fence would be installed and that the existing trees will screen this development. He said that additional screen trees can be planted to provide privacy to the residents, if necessary. Commissioner Murakami referred to the second page of the revised drawings. He asked if the changes mentioned by Mr. Kohlsaat were being incorporated? Mr. Kohlsaat informed the Commission that the changes he indicated would not be reflected on the revised drawings. He indicated that the existing pines will be removed and that they will be replaced with either redwood or oak trees. Commissioner Kaplan asked if there was any room on the sidewalk front parking strip to provide public access seating such as the installation of a bench at the curb as discussed in the past? Mr. Kohlsaat responded that the entire parking strip is taken up by the transformers, utilities and a street tree. He said that there is a small section in the park strip that could accommodate a bench similar to that of a bus stop bench. He stated that the project is proposing to dedicate more than the minimum amount of open space required down below and that it is preferred to keep the open space down below to give the resident of the front unit a semi- private area. Lee Grey, President of the Saratoga Homeowners Association, expressed concern with the courtyard access to the Saratoga Creek. He said that the creek is polluted and that individuals walk up the creek and access his property and Big Basin (private property). He expressed concern with the health of the stream, the habitat and the preservation of mature trees along the creek bank. He stated that the architectural rendering is satisfactory but expressed concern that the city will be allowing the public to enter the property off of Big Basin. He expressed concern that at the last meeting, the applicant did not agree to allow access to the open space and that he is now agreeing to allow access to the creek. He also stated that a resident from the Gate House previously raised an objection to facing the property. Mr. Zambetti said that he would be meeting with the Saratoga Homeowners Association and Gateway residents as he goes through the process of building and the final map to work out the problems relating to the open space. COMMISSIONERS MARTLAGE /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. Commissioner Page expressed support for the open space and felt that it could be designed in such a way that it would not generate a lot of foot traffic that would make it a public nuisance. As the use is being approved under a use permit, the Planning Commission has the ability to review and change the open space. Therefore, he stated his support of the project. Commissioner Martlage concurred with the comments expressed by Commissioner Page. She said that she appreciated the articulation of the long wall and that she was glad to hear that the applicant is sensitive to preserving the heritage design. Commissioner Patrick concurred with the comments expressed by Commissioners Page and Martlage. Commissioner Bernald stated her appreciation of the redrawing and articulations presented. She felt that the drawings were very nice and would ft in. However, she felt that this was a loss of a chance for a commercial tax base and the loss of a potential mix by offering the residential and leaving out the option of having small business offices which would be well supported if the site is developed as residential, respecting the fact that it would be difficult to design a commercial use with the constraints of the site. She felt that approval of residential units is against the spirit of Measure G even though Measure G does not apply in this case as this development PLANNING COMMISSION Mc ,JTES DECEMBER 9, 1998 PAGE -4- would be increasing residential density. Therefore, she could not support the request. Regarding the open space, she said that she was glad to hear that the applicant was willing to allow the open space to the rear. She said that she would have liked to have seen open space both in the front and in the rear because if the rear open space does not work, the city would be left without any dedication with the exception of the open space by the creek. She noted that at the last meeting, Mr. Zambetti stated three times his objection to a public walkway and the open space. She expressed concern that if Mr. Zambetti has these objections, the use permit would come before the Commission with the possibility of the open space being eliminated should problems arise in the future. She stated that she would not be supporting the open space as part of the use permit. Regarding the design review, she felt that it was well designed and liked the craftsman style. However, she stated that she did not want to see a house built in this area. Commissioner Murakami thanked the applicant for the submittal of improved drawings. He said that he too felt like Commissioner Bernald about the uses. However, based on what lie has seen in this part of the Village, he would be willing to go along and give this project his approval as he did not believe that making this area commercial would change this part of the Village. Commissioner Kaplan concurred with the comments expressed about the "nice" design and felt that it would work. She asked staff who would be responsible for the repair and maintenance of the benches to ensure that they remain viable to the open space and users? She asked if a maintenance district would be formed for its maintenance? Director Walgren responded that the open space would be maintained by the two future townhome owners. He said that a maintenance agreement would be required to be entered into as part of project approval that would bind any future owners and make them aware that they are responsible for maintaining the public access easement. Commissioner Kaplan asked what the city would do should the neighbors want the city to clean up the area? Director Walgren said that staff would contact the property owners to make them aware of their responsibility to maintain and /or repair damaged benches or public quasi public structures. He stated that the city also has the option to maintain the open space and bill the property owners. He said that these types of maintenance agreements are not unusual. However, it is unusual in this case because this is a hybrid proposal to what is normally seen in the Village or what is normally seen in terms of common or open space. Commissioner Kaplan expressed concern that accessing the open space through private property is not going to be user friendly and that she would have preferred to see a seating area in the front. She said that she wanted to see some of the influence from the Village Design Plan and the historic documents discussed previously incorporated such a sitting or gathering area in the front area. She said that she did not like the statement made that individuals should not be allowed access to the natural resources. She felt that individuals should be allowed to access the creek. She recommended that a condition be added that would stipulate the merging of the open space to the creek area to the contiguous open space should the opportunity arise in the future. She said that she understood the constraints of the frontage of the property to develop it as commercial. It was her belief that a small office with a house in the back could have been accommodated to satisfy the intent of the Village Plan. She recommended that paragraph 15 of the subdivision resolution of approval be amended to replace Planning Director with Community Development Director should the Commission approve the application. Chairman Pierce stated that lie was in support of the project because the citizens want more park land and open space. He said that one of the biggest problems that the City has is maintaining this open space and that this was an opportunity to have someone else responsible for the maintenance of the open space and small park. He felt PLANNING COMMISSION M.. , JTES - DECEMBER 9, 1998 PAGE - 5 - that the open space below was a beautiful spot and felt that the City will need to watch it to make sure that it is not abused. He did not believe that problems would arise. He stated that he liked the design as it looks like it will fit in with the Village with the use of wood siding and that it is contoured to the slope. He stated that he was in support of the Village and that lie would like to see it get more commercially viable. He did not believe that the 50 -foot wide frontage would ever make the it a commercially viable site. He stated that he was not supportive of a bench in the front and that he would rather see a nice area down below. Commissioner Patrick said that commercial areas already have benches in front and felt that they were beautiful. She stated that she was struck by the variation in architecture and the design. Director Walgren said at the last meeting, he suggested some kind of pavement treatment along the driveway be incorporated that would delineate that this is a walkway or sidewalk different from the driveway. He informed the Commission that the driveway is proposed to be interlocking concrete pavers and that the patterns can be mixed up to provide a three to four foot wide visual walkway connecting the walkway and the driveway. Commissioner Kaplan asked if the signage in front is going to indicate the hours that the open space is accessible to the public? Director Walgren said that there is a plan to have trail markers that state "public access" and that a sign at the top of the stairs would indicate public access hours. ON A MOTION BY COMMISSIONERS MARTLAGE /PAGE, THE COMMISSION UNANIMOUSLY (7 -0) APPROVED RESOLUTION NO. DR -98 -004 WITH THE FOLLOWING MODIFICATIONS: 1) REQUIRE A WALKWAY PAVING TREATMENT AND 2) THE ADDITION OF A CONDITION TO STIPULATE THAT THE PROPERTY OWNER(S) DO NOT OBJECT TO ANY FUTURE MERGING OF THE OPEN SPACE WITH CONTIGUOUS OPEN SPACE. COMMISSIONERS MARTLAGE /PAGE MOVED TO APPROVE RESOLUTION NO. SD -98 -002. THE MOTION CARRIED 5 -2 WITH COMMISSIONERS BERNALD AND KAPLAN VOTING NO. COMMISSIONERS MARTLAGE /PAGE MOVED TO APPROVE RESOLUTION NO. U.P -98 -003. THE MOTION CARRIED 5 -2 WITH COMMISSIONERS BERNALD AND KAPLAN VOTING NO. 3. DR -98 -050 (397 -22 -047) - SINGER, 20320 Orchard Road; Request for Design Review approval to add a 618 sq. ft. second story and 166 sq. ft. to the first floor of the exiting 1,253 sq. ft. single story residence. An existing 1,000 sq. ft. detached garage and guest house will remain. The total floor area on the site will be 3,037 sq. ft. with a maximum building height of 23 ft. The site is 8,400 sq. ft. and is located within an R -1- 10,000 zoning district. The application includes a request for an exemption from the floor area reduction requirement for building heights over 18 feet. ----------------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. He said that staff noted in its review of the application the potential impacts of the second story deck off of the master bedroom that is relatively a deep deck relative to the size of the home. He said that the deck did not appear to have a great impact on the property owner's land to the north since the deck would be looking onto their roofline. However, it could potentially have an impact on the property owner to the southeast. Given the fact that the balcony was located central to the lot and provided a large setback, staff agreed to allow the application to come before the Commission as is and rely on the public noticing process to see if the adjacent neighbors have any concerns or objections to the proposal. He informed the Commission that to date, staff has not heard any objections to the proposal. Staff has received two letters submitted after the staff report was distributed from Fred Proctor indicating support of the project and another letter signed by Greg PLANNING COMMISSION M.., JTES DECEMBER 9, 1998 PAGE - 6 - Denari, 20300 Orchard Road, residents who reside at 20350 Orchard Road and Marcy Davis, 20301 Orchard Road, indicating their support of the project. He said that staff is recommending approval of the application with the conditions contained in the resolution. Commissioner Page noted that the executive summary states that the application was filed on October 1.6, 1998 and that within the Analysis, it states that as of October 16, 1998 the request for exception for floor area reduction is no longer an option. He asked if this statement was inclusive of the October 16, 1998 . date? Director Walgren said that staff made an effort to accept applications on October 16 that have been in process for several months with the ordinance developing concurrent. As the application was accepted on the date it was submitted makes it valid to use the ordinance that became effective. Commissioner Martlage stepped down from discussion of this item as she resides within the proximity of the property under discussion. Commissioner Kaplan said that there was a former connection by her husband with the applicant. However, she did not believe that it was significant enough to influence her decision to abstain from this item. Chairman Pierce opened the public hearing at 8:17 p.m. Norman Burdick, project architect, informed the Commission that the size of the deck is 10' x 15'. He said that he suggested the deck to his client because they wanted a covered porch to the rear of the house. He indicated that the size of the structure could be reduced but that his clients would like to retain the size of the porch. He said that the neighbor that would be most affected by the view of the deck are the Proctors. He noted that the Proctors' wrote a letter in support of the project. COMMISSIONERS PAT.RICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:21 P.M. Commissioner Kaplan expressed concern that this is a small lot with a lot of structures in the back, acknowledging that the shed is to be removed. She also expressed concern with the application not adhering to the new ordinance regarding floor area exceptions. Therefore, she stated that she would not support the request for an exception to the floor area reduction. Based on the size of the garage and the guest house, she did not believe that it is was unreasonable to require that the size of the home conform to the current ordinance requirement. She said that she would like to see the deck structure pulled back toward the house because there could be a privacy issue. Otherwise, she stated that she liked the design of the home. Commissioner Murakami stated that he liked the design. He said that he has a problem with the size of the balcony as it was a little large as far as a top floor balcony for this size of a home. He said that he understood the architect's reason for making it such a large structure to cover the patio area. However, he recommended that the balcony area be reduced. Commissioner Bernald concurred with the comments expressed by Commissioner Murakami. She expressed concern with the deck on the second floor off the master bedroom and recommended that the deck be pulled back. Other than the concern regarding the deck, she stated that she could support the project. Chairman Pierce asked if Commissioner Bernald objected to the size of the deck or the size of the structure? He noted that the applicant is stating that the deck is being used as a roof. Commissioner Bernald stated that she has two concerns: 1) a large deck projecting into the backyard that would PLANNING COMMISSION Mi .JTES DECEMBER 9, 1998 PAGE - 7 - result in a short space between the deck, the existing garage and the guest house; and 2) the issue of a large structure. If the deck off the master bedroom was pulled back, the porch down below would not be a problem as she does not want to see a large structure. Commissioner Patrick stated that this was a nicely designed home but that it includes 300 square feet of decking in the back, 125 square feet of front porch, and 590 square feet of basement. She said that she was not supportive of the request for a floor area exception to the size. She said that she would not be voting in favor of it because she felt that the applicant has large structures, including a guest house. She noted that approximately 4,000 square feet of structure is being proposed and felt that this was too much for the small lot. Commissioner Page agreed that this was a nicely designed home and that the inclusion of a second story is in keeping with the character of the neighborhood. He expressed concern with the size of the deck on the second story. He agreed with Commissioner Bernald that the applicant will lose a lot of space in the back yard with approximately 12 feet of open space between the garage and the home. If the roof was shortened, you would also have to shorten the bottom. He did not believe that the deck upstairs off the master bedroom would create a privacy issue for the applicant. He said that lie could support the application if the deck area was reduced. Chairman Pierce said that this is a nice neighborhood and noted that the homes are fairly packed in (tight). He said that he does not have a problem with the fact that the applicant is proposing to use a lot of space and that he could support the floor area exception as it fits in with the neighborhood. He agreed that the deck area seems large. He said that Ile understood why the applicant wanted to cover the porch but felt that the applicant could come up with an alternative. He supported cutting back the size of the deck and supported the application. COMMISSIONERS BERNALD /MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR -98 -050 WITH AN AMENDMENT TO REQUIRE THAT THE APPLICANT WORK WITH STAFF TO DOWN SCALE THE DECK ABOVE THE PORCH. THE MOTION CARRIED 4 -2 -1 AS FOLLOWS: AYES: BERNALD, MURAKAMI, PAGE, PIERCE; NOES: KAPLAN, PATRICK; ABSTAIN: MARTLAGE; ABSENT: NONE. Commissioner Martlage resumed her seat on the dais. Director Walgren requested that items 4 and 5 be considered together as they are described in a single memo, noting that they are both distinctive ordinance amendments. 4. AHPO -98 -001 - C:[TY OF SARATOGA; Consideration of proposed amendments to Article 13 of the Municipal Code - The Saratoga Heritage Preservation Ordinance. Amendments would include revisions to the Definitions, Permits and Miscellaneous Provisions sections of the Article, to change the term Planning Director to Community Development Director and to add the term heritage resource inventory property. The new regulations would allow the Heritage Preservation Commission the opportunity to review proposed changes to properties on the Heritage Resources Inventory list. An Environmental Initial Study and Negative Declaration have been prepared for this amendment pursuant to the requirements of the California Environmental Quality Act. Director Walgren presented the staff report. He said that the proposed ordinance amendment would not change what the Planning Commission is used to reviewing and strengthens what the City is already doing. Commissioner Bernald felt that the more teeth that the city can give the Historic Preservation Commission would result in the protection of the city's historic treasures. PLANNING COMMISSION Mi. ,JTES DECEMBER 9, 1998 PAC,F. - R - Commissioner Patrick said that the reports from the Historic Preservation Commission are cryptic. She said that she would like to see the Planning Commission receive more input from the Historic Preservation Commission and that she would welcome the Historic Preservation Commission to attend the Planning Commission meetings to provide input on their items. Commissioner Bernald said that the Planning Commission can also attend the Historic Preservation Commission meetings to provide comments when certain items are scheduled for their review. Director Walgren said that the Historic Preservation Commission is looking at historic designated structures very carefully and that they are giving staff clear recommendations and opinions on said structures. He informed the Commission that staff does ask the Historic Preservation Commission to advise it on a broad range of issues. He informed the Commission that the City Attorney will prepare these proposed text amendments in ordinance format for the City Council. Commissioner Kaplan brought to staffs attention that there are several places in the text where the title still reads Planning Director and not Community Development Director. COMMISSIONERS KAPLAN /PATRICK MOVED TO APPROVE RESOLUTION NO. AHPO -98 -001. THE MOTION CARRIED UNANIMOUSLY (7 -0). COMMISSIONERS KAPLAN /PATRICK MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION. THE MOTION CARRIED UNANIMOUSLY (7 -0). 5. AZO -98 -002 - CITY OF SARATOGA; Consideration of a proposed amendment to Article 15 of the Municipal Code - the Saratoga Zoning Ordinance. The amendment would be to the P -A: Professional and Administrative Office District list of permitted uses. The new regulation would allow temporary pumpkin sales with similar restrictions to apply to the currently allowed sales of Christmas trees. An Environmental Initial Study and Negative Declaration have been prepared for this amendment pursuant to the requirements of the California Environmental Quality Act. Director Walgren presented the staff report and informed the Commission that this proposed text amendment is a staff driven clean -up item to allow the temporary sales of pumpkins. COMMISSIONERS KAPLAN /PATRICK MOVED TO APPROVE RESOLUTION NO. AZO -98 -002. THE MOTION CARRIED UNANIMOUSLY (7 -0). COMMISSIONERS BERNALD /PATRICK MOVED TO RECOMMEND CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION. THE MOTION CARRIED UNANIMOUSLY (7 -0). Chairman Pierce opened items 4 and 5 to public hearing. Charles Thomas, Saratoga resident, informed the Commission that this is his second year on the Board for Good Government Group and that this is his the second time that he has come to observe the Planning Commission. He stated that he was present as an observer. Commissioners Murakami /Bernald moved to close public hearing for agenda items 4 and 5. PLANNING COMMISSION Mi., JTES DECEMBER 9, 1998 PAGE - 9 - DIRECTOR ITEMS Director Walgren informed the Commission that there were no director items to present. Commissioner Bernald noted that the Historic Preservation Commission will be reviewing the Oak Street School. She asked if the Planning Commission requested its review or did it appeal the review? Director Walgren stated that he requested a review of the Oak Street School on behalf of the Planning Commission. COMMISSION ITEMS Commissioner Page asked staff if it received any complaints regarding the Argonaut Shopping center? Director Walgren said that lie has not received any complaints to date. He said that lie has heard that with the last storm, one of the stone pines tipped over because their root ball was too small relative to its canopy. He reported that no damage was done to the townhomes to the north. Commissioner Kaplan said that the Saratoga News shows a lovely drawing of an outdoor seating area in the middle of the Argonaut Shopping Center. Director Walgren stated that a seating area was approved to the right of the Safeway expansion and that it is a public gathering spot in an open area of the center improvements. Commissioner Bernald said that on December 2, 1998 the Blue Rock Shoot roasted their coffee again at 4:15 p.m. She said that she received photos of the coffee roasting and another photo depicting an illegal banner hanging outside the establishment. She forwarded these photos to staff. She said that there has been discussion about the option of calling up the use permit. She said that there has been discussion between the owner and Director Walgren as to whether the owner would agree not to roast coffee during business hours because it is very smoky, smelly and uninviting to individuals who are in the downtown area. The Commission attempted to go with a gentleman's agreement and that apparently it has not been followed. She asked what is the next step that the City can take? Director Walgren said that staff sent the owner a courtesy letter last September pointing out the problems that the Commission has been hearing about. Staff asked the owner to work with them to resolve the matters informally. He said that this arrangement worked to date as far as he was aware. He suggested that another letter be sent to the owner that is more definitive that the city is continuing to receive complaints with evidence being received. This would be a last warning letter and that if further complaints are received, the owner can anticipate that the use permit will be called up. Commissioner Kaplan said that a citizen asked her about development at the Odd Fellows' site. She said that she understood that the Odd Fellows had a ground breaking. She was asked as to the sequence of development. Director Walgren said that the first phase of construction at the Odd Fellows cannot begin until the spring, at the earliest, and that it would include the expansion of the Villas apartment, construction of the new health care facility, and the construction of the independent cottages on the undeveloped ten acres. Commissioner Patrick said that it was her recollection that a condition of approval was that the Odd Fellows had to advertise priority of construction to Saratoga residents. Director Walgren concurred that the development agreement stipulated that the Odd Fellows needs to notify residents of upcoming construction dates. PLANNING COMMISSION M._ . JTES DECEMBER 9, 1998 PAGE - 10 - COMMUNICATIONS Written City Council Minutes dated November 18, 1998 ADJOURNMENT TO NEXT MEETING There being no further business, Chairman Pierce adjourned the meeting at 8:55 p.m. to Wednesday, January 13, 1999, Adult Care Center, 19655 Allendale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 24, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting -------------------------------------------------------------------- Chairman Pierce called the meeting to order at 7:33 p.m. Roll Call: Present: Coin inissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chairman Pierce Absent: None Staff: Director Walgren Pledge of Allegiance Minutes - November 10, 1998 On a motion by Commissioners Patrick /Bernald, the Commission approved the November 10, 1998 minutes with the following amendments: Page 1, Line entitled Minutes - October 14, 1998 amended to read: October 44 28, 1998. - Page 2, last paragraph, line 4, replace the word ael+ptie with eclectic. Page 4, paragraph 4, line 9, replace the name GWs with Wangs. - Page 11, paragraph 3, line 3, replace the word would with may Page 11, under "Commission items," replace the word with Vice - chairwoman. Page 11, under "Adjournment," replace with Vice - chairwoman Bernald. The motion carried 5 -0 -2 with Commissioner Martlage and Chairman Pierce abstaining. Oral Communication Commissioner Kaplan said that the Commission received a document that was sent to the City Council from Marcia Fariss. She said that Director Walgren, at the last Commission meeting, gave the Commission a detailed analysis about the trees and the status of the Argonaut Shopping Center. Also, the City Council has received a detailed written analysis about the situation. She said that it is difficult to explain to each and every citizen in the community what happens in the Argonaut Shopping Center. She felt that a blanket statement was made by Mrs. Fariss without getting enough facts. She said that it was reported to her that the Planning Commission is being "bad mouthed" in the community for having allowed this tragedy to happen. She stated that anyone watching the Planning Commission meetings or the proceedings should know that the Commission makes every effort to save trees and prevent them from being bulldozed and that if trees are to be removed, there is a reason for their removal. She said that Commissioners do not take bribes. She felt that this was an allegation as the Commission does not allow the removal of trees unless it is absolutely necessary. She recommended that if there are any questions regarding the trees that individuals please contact staff, the City Council or the Commission to receive an explanation of the situation. Director Walgren said that at the November 10, 1998 Planning Commission meeting, staff presented plans of PLANNING COMMISSION Mi,,JTES NOVEMBER 24, 1998 PAGE - 2 - what was approved for the Argonaut Shopping Center. He said that the approved demolition and landscape plan that was reviewed, recommended and acted upon by both the Planning Commission and the City Council called for all of the parking lot trees to be removed. The perimeter trees adjoining the residential developments to the north and the east were required to be retained. The City arborist reviewed the plans and determined that the parking lot reconfiguration necessitated the removal of the interior trees. It was felt that the ornamental trees would not be of a significant loss. The trees under question were the seven mature stone pines that fronted Saratoga - Sunnyvale Road. An effort was made to retain the trees but that based on the nature of stone pines, their tendency to drop limbs, to be top heavy and to be structurally unsound in combination with the Saratoga - Sunnyvale Road widening improvements, it was determined that the trees should be removed and that the city Should take advantage of the opportunity of having the developer replace the trees. These replacement trees will be large, boxed size native trees that will provide an instant canopy and that the replacement trees should occur this year. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 20, 1998. Technical Corrections to Packet Director Walgren indicated that there were no technical corrections to the packet. CONSENT CALENDAR PUBLIC HEARINGS 1. SD -95 -007.1 (503 -19 -048, 070 & 075) KENNEDY, Rodeo Creek Hollow (Saratoga- Sunnyvale Road and Paramount Drive /Court; Request for a one -year extension for Phase Two (7 lots) of an approved Tentative Subdivision Map for a 12 -lot subdivision located off Saratoga - Sunnyvale Road and Paramount Drive and Court. The total site area is 9.42 acres and is located within both the R -i- 12,500 and the R -1- 40,000 zoning districts. ----------------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. He said that the staff memo notes that there were no changes in the fire district's review. He did not believe that the fire district requested additional conditions on their transmittal but that staff noted that the high fire hazard area boundary has been extended to run north -south along Saratoga - Sunnyvale Road and the middle of Highway 9, including this property. Therefore, an additional condition should be included acknowledging the requirement that all new homes are to be installed with an early warning alarm system required in high fire hazard areas. Chairman Pierce opened the public hearing at 7:45 p.m. No comments were offered. COMMISSIONERS PATRICK /MARTLAGE MOVED TO CLOSE THE PUBLIC HEARING AT 7:46 P.M. Commissioner Kaplan stated that she has driven through the Rodeo Creek Drive development. She commended the applicant for the development of a nice project. She requested that the applicant protect the existing large PLANNING COMMISSION Mi.,JTES NOVEMBER 24, 1998 PAGE - 3 - beautiful oak tree. COMMISSIONERS BERNALD / KAPLAN MOVED TO APPROVE RESOLUTION NO. SD -95- 007.1 WITH THE INCLUSION OF A CONDITION TO REQUIRE THE INSTALLATION OF AN EARLY WARNING ALARM SYSTEM. THE MOTION CARRIED UNANIMOUSLY (7 -0). 2. UP -98 -014 (366 -29 -007 & 009) - PENINSULA RECREATION D.B.A. SARATOGA COUNTRY CLUB, 21990 Prospect Road; Request for Use Permit approval to expand the membership of the Club from 450 to 500 persons. The site is 34.4 acres and is located in the Hillside Residential zoning district. ----------------------------------------------------------------------------------------------------------------------- - - - - -- Director Walgren presented the staff report. He informed the Commission that the only land use issues of concern were the traffic that could be generated around the adjoining residential streets and parking interior to the Country Club. He said that these issues have been satisfied by the applicant's explanation of how the facility is to be used. He said that historically, the city has never been made aware of a traffic problem as a result of members driving to and from the Country Club. Therefore, staff recommends approval of the amendment to the use permit of establishing a new membership limit of 500. Commissioner Murakami asked what membership size would trigger a traffic study? Director Walgren said that in his visits to the area, he has never noticed a noticeable traffic impact as a result of the Country Club activities and that there has been no history of complaints or concerns of area residents about traffic going to and from the country club. If the membership was to increase by 50 %, it would require the need for a traffic analysis. Chairman Pierce opened the public hearing at 7:50 p.m. Joe Callan, General Manager for the Saratoga Country Club, stated that the staff analysis was accurate. He said that he was trying to provide a competitive product to other facilities in the area and that it is not in the best interest of the Club to develop a facility that is overcrowded as it is run by its own membership and would result in complaints from the membership. Steve Stuckey, 22600 Prospect Road, informed the Commission that he has been a neighbor of the Country Club for the past 25 years. He said that he has never had a problem with the Country Club and that he has had a good relationship with the Country Club. He felt that the Country Club was responsible and very fair. When the golf club expanded eight or nine years ago, he supported the expansion. He stated his support of the request. He said that a serious problem exists with the illegal parking that is occurring at the regional park located beyond the Country Club. Director Walgren informed the Commission that the parking lot of concern is not in the city limits. Chairman Pierce referred Mr. Stuckey to the County as the parking lot described is not in the city limits. COMMISSIONERS KAPLAN /PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. COMMISSIONERS KAPLAN / BERNALD MOVED TO APPROVE RESOLUTION NO. UP -98 -014. THE MOTION CARRIED UNANIMOUSLY (7 -0). ADJOURNED STUDY SESSION BY CONSENSUS, THE COMMISSION AND THE APPLICANT AGREED TO CONDUCT THE WORK STUDY SESSION IN THE AUDITORIUM. PLANNING COMMISSION Mi_,JTES NOVEMBER 24, 1998 PAGE - 4 - 3. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each. Subdivision approval is required to divide the property into three lots (one lot for each of the two units and a third lot for common space). Use Permit approval is required to allow residential development in the CH -2 zoning district without a commercial component of the project. Dedicated public open space is also a requirement of approval. The site is 16,160 square feet. (CONTINUED FROM 11/10/98). The following individuals were present at the work session: Gene Zambetti, property owner; Gary Kohlsaat, project architect; Lee Grey, President of the Saratoga Homeowners Association; Tom and Paula Brennock, Gate House residents located behind this property; and Cathy Boat, resident of Saratoga observing the meeting. Director Walgren presented the staff report and said that at the November 10, 1998 meeting, the Commission expressed concern with another site in the Village being used strictly as a residential development, losing another piece of land designated as commercial. This concern, including issues raised regarding the public open space requirement and the east side elevation, resulted in the continuance of this item to an informal discussion under a work study session. The applicant's were directed to look at design and elevation changes to the east elevation and discuss those changes this evening. Residential vs. Commercial Use Mr. Zambetti stated that he is planning to live in Unit B. He addressed the reason why he decided to build two residential units. He said that the lot is a narrow parcel in the CH -2 zoning district and that it only has a 50 -foot frontage. He said that the ordinance does not allow development of the parcel as commercial because it is a narrow lot. He said that a small office building could be built but that it would not be viable. If the parking requirements could be similar to those businesses grandfathered in, it would be viable to build as commercial (reduce parking ratio). He said that the Village needs to have people visit it and purchase items. If the site is allowed to develop as residential, it will increase the population of the Village and will have additional residents who can purchase items from Village businesses. He said that he discussed with the adjacent property owners their willingness to sell their property to him to combine the property for development, but indicated that they were not interested in selling their property. He said that he is surrounded on three sides by residential development. He presented the Commission with a map of the Village and its design, including its intensity. Commissioner Bernald inquired as to the number of parking spaces that would be required for commercial development'? Mr. Zambetti responded that eight parking spaces would be needed to develop the parcel as commercial, including handicap parking. He said that he looked at developing a 3,400 square foot commercial project that could be used by accountants, attorneys or software businesses. He said that there are several businesses in the Village that have not been leased as office space. It was his belief that they have not been leased because they are small and located off the beaten path. He said that there are now less retail and more office space in the Village. He was looking at a way to have a home that would take in the concept of the creek and still be in the Village to walk to and shop. He addressed the public open space easement and stated that he has a problem with the recommendation of providing access to the open space easement because he would be responsible for the maintenance and the liability associated with the public use of the path to the creek. Further, he would not be able to preclude public access from his property to the park. He stated that he would not object to a restriction that would prohibit construction of the third parcel. He stated his willingness to provide the open space easement, but recommended that access to the open space be from another area such as the adjacent parcel which already has an easement that allows individuals to access the creek. He felt that the way to address an access trail would PLANNING COMMISSION Mi.- JTES NOVEMBER 24, 1998 PAGE - 5 - be to have access from point A to point B that would bring two parks together. He said that the design team made changes to the design and felt that it resulted in a good design. Commissioner Martlage asked if these were three distinct parcels? Director Walgren responded that technically, there would be three parcels with two building sites and one common parcel. He said that the creation of three parcels does not imply that a third building site has been created. Two parcels would be owned by the future owners of the townhomes and that the driveway area and the lower part of the parcel would become the third parcel that would be commonly owned by the two townhome owners. Commissioner Bernald said that the parcel is stated to be 16,160 square feet, but that when she adds up the lot sites, she comes up with 14,631 square feet. Of this area, she asked where the 20% open space was taken against? Director Walgren stated that the 20% open space was taken from the 16,160 square feet which would result in 3,200 square feet of open space, noting that 3,500 square feet is being reserved as open space. Commissioner Bernald said that the Commercial Historic CH -2 zoning district requires a net site area of 7,500 square feet. She asked if this area includes the common open space area? Director Walgren clarified that the open space does not have to be deducted from the gross site area. He said that the 7,500 square foot limit was not intended to restrict townhome type development or condominium development. Therefore, the 7,500 square foot limit was a limit of what could be parceled off individually and sold whether you put five units or a single commercial building on the property. Commissioner Kaplan recommended that it be decided if residential development would be considered for the parcel. Commissioner Bernald said that the applicant has indicated that it would be a hardship and not economically viable to develop the parcel as commercial. She asked staff if the hardship and economic hardship are overriding considerations that would allow the Commission to change a condition that is required by the General Plan or the ordinance? Director Walgren said that the parking requirement in itself for a commercial project should not be considered a hardship because the same commercial parking standards applies to every commercial project that is proposed in Saratoga. On the other hand, the site condition (i.e., the narrowness of the parcel, the fact that the property is at the upper end of the Village where there is no intensive pedestrian retail oriented traffic, and the slope of the property) is a relevant consideration. He said that the slope reduction formula is not required for this property as it only applies to single family residential development. He said that a good example of applying physical constraints of the property to the proposal was the Hubbard and Johnson site that was a very narrow and deep parcel located in the middle of an intensive commercial district on Saratoga - Sunnyvale Road. The applicant was able to place two commercial buildings on the front of the property but convinced the Planning Commission and City Council that it would not be feasible on the deep narrow parcel to have a viable commercial project throughout the entire parcel. Therefore, 24 townhomes were approved to go behind two commercial buildings, noting that this was a much bigger site. He said that the site configuration was certainly relevant. Commissioner Bernald cited the permitted uses in the Village Plan as professional, administrative, medical and financial services. These permitted uses are allowed to be located above ground level or at ground level if separated from Big Basin Way by another commercial space. Further, residential units, when located either above ground level or at ground level if separated from Big Basin Way in a commercial space, are allowed. She asked if the Village Plan allows just residential uses? PLANNING COMMISSION Mi, . JTES NOVEMBER 24, 1998 PAGE - 6 - Director Walgren said that the Village Plan contains policy statements that state that the Plan should further encourage a mixed of residential uses with commercial uses where appropriate. It further differentiates between the CH -1 and CH -2 districts. It notes that the CH -2 district is primarily residential and office development. He said that if the city requires the property to be used as commercial, it would most likely be an office use and that it would probably not be of a great benefit to the City. The applicant has stated that with residential development, you are bringing two additional families that would use the Village. Commissioner Bernald asked if it would be more beneficial to have residential uses when the City will lose the economic benefit of a tax base associated with commercial development? She said that this is one of the problems that the downtown area has. You have the traffic for restaurants but that there are only a few commercial properties that exist (small office buildings) that do provide a tax base during the day. Commissioner Kaplan said that the ordinance states that you have to have commercial in the front with residential up above or behind the commercial building. Director Walgren said that the zoning and the master plan recommendations that led to the zoning specifically did not preclude residential development at street frontage. He noted that residential uses are permitted under the use permit process that allows the Planning Commission to decide on a case by case basis if the site is suited for residential versus commercial development. He said that the big distinction is if this was a piece of property in the middle of the Village in the CH -1 zoning district, it would be hard to say that a townhome project with street frontage was appropriate. Once you get past Fifth and Sixth Streets, sites with physical constraints are probably reasonable candidates for residential development. He felt that all of the physical criteria can be considered as to whether this particular site is appropriate for this particular proposal. Commissioner Bernald expressed concern that the City would be giving up commercial zoning, the loss of a tax base, but that it would provide the applicant with an economic benefit by allowing residential development. She felt that the Commission can consider these issues. Commissioner Patrick said that the parcel already has residential development. Therefore, the Commission would not be changing its current use. She did not believe that the Commission is precluding commercial development by doing anything to the property one way or the other at this time. Commissioner Martlage expressed concern with the vendors located at this end of the Village. She asked if the vendors are hoping that commercial development might enhance their businesses? Director Walgren said that Measure G does not apply to the site for two reasons: 1) it has to be a residentially designated property or an open space designated property to have Measure G apply; and 2) there has to be a proposal to change the land use designation. He noted that a townhome development is a permitted use in this commercial district and that there is not a proposal nor need to change the land use designation. Commissioner Kaplan said that having read the Village Plan, there is a feeling that when the street turned and the line of site was lost, residential uses could be allowed. She did not believe that the Commission would be going against the document by approving residential development. Commissioner Page noted that by allowing residential development under a use permit, the Commission still retains the ability to review the use. Director Walgren informed the Commission that it retains jurisdiction of a use permit but once townhomes are PLANNING COMMISSION Mi,,IJTES NOVEMBER 24, 1998 PAGE - 7 - built, they would remain as townhomes. Commissioner Murakami said that it has been difficult to promote businesses in the Village. When you see the loss of usage, you wonder if you are doing the right thing. He felt that all facts need to be considered. Mr. Kohlsaat noted that only one more parcel would be available for residential development. Commissioner Bernald said that the Davis property exists as an office - commercial use and that there has been consideration for development of bed and breakfasts in the past. Commissioner Martlage said that she does not have a problem with having the property develop as residential. However, she felt that individuals get up in the morning and leave their homes. She said that she resides within a block from the Village and that she does not patronize the Village as often as she might like and as frequently as individuals who live further away might do. To state that there is going to be a family that will shop in the Village is subjective and shouldn't be a consideration as to whether or not the site becomes "residential ". IT WAS THE CONSENSUS OF THE COMMISSION THAT RESIDENTIAL COULD BE CONSIDERED FOR THE PROPERTY. Open Space Easement Commissioner Kaplan said that the applicant raised a good point and stated her support of the creekside trail concept with public access. Director Walgren said that the recommendation for a creekside trail has been tried in the past and was found to be unpopular in certain areas as individuals thought that it would infringe on the use of their property, noting that a creekside trail is not what is being considered this evening. The requirement is for a public plaza with the desire to have it located in the street front where most people can use it. If the applicant prefers to remove it from the lower creek setting, then it could be placed in the front of the property where the Village Plan and zoning ordinance intended it to be in the first place. He said that he would hate to see the two issues of the creekside trail and the open space requirements be mixed together because there is a lot of history associated with creekside trails that is not related to this project. Chairman Pierce recommended that the Commission confine its discussions to the public open space. Director Walgren clarified that the original intent was to provide a public gathering place or public plaza. As this would not have physically fit in front of the property, this led to the recommendation of a private walkway that would go down the units, ending up in a sitting area down at the creek. Commissioner Bernald read from the Open Space Element relating to creekside trail restrictions. It states that "The City shall not acquire, plan or develop public access easements along Saratoga Creek, across single or multi- family land uses as designated in the Saratoga General Plan abutting said creeks or adjacent to said creeks." She asked why the city can allow this one parcel that abuts public access and is located along Saratoga Creek to develop as residential? Director Walgren explained that this language came directly from the community's opposition to creekside trails. He said that this is a public open space dedication at the back of the property whether or not a creek exists. Commissioner Patrick said that the issue is where the public open space is to be located. She noted that the open PLANNING COMMISSION Mi,,JTES NOVEMBER 24, 1998 PAGE - 8 - space is a Village requirement. She said that the applicant is trying to build as much as he can on his property and that the part that he cannot build upon is going to be dedicated to public use. The applicant has expressed concern with access to the open space, noting that the access was designed to accommodate his proposed development. She said that the buildings can be moved back and /or reduced in square footage in order to place the public open space at the street frontage. She recommended that the applicant decide where the open space is to be located. Commissioner Kaplan said that there is a limit as to how far the building could be setback based on the riparian corridor. Mr. Brennock informed the Commission that he resides across from the property under discussion. He said that there is a natural ambiance that is associated with the creek. He said that people who access the creek below walk in the creek. He felt that there is a safety concern as every couple of years the fire department rescues teenagers who use the creek. He said that the creek attracts a nuisance problem. He recommended that the Commission look at the amount of vacant commercial square footage that exists in the Village. He felt that the parcel is more viable as residential. He expressed concern with public access on private property. Director Walgren said that the maintenance and responsibility would fall on the new owners of the townhomes. If there is any liability, it would fall more to the city as this is a public right of way than on the future owners. Chairman Pierce questioned the reality of individuals using the open space. Commissioner Martlage recommended that the open space be moved to the front to maintain the Village atmosphere and to allow individuals to use the area (i.e., as a lunch area). Mr. Kohlsaat said that the use permit is for residential use. He said that it is being requested that the Commission waive the requirement for a pedestrian open space as it does not make sense to require this as part of the use permit for a residential use. Director Walgren said that pocket parks and plazas can work. He noted that the request is for a conditional use permit. If problems arise in the future where loitering becomes an enforcement problem, the property can revert back to private open space. If it is found after a couple of years that no one uses the open space, this would be another basis for reconsidering the public open space requirement. Commissioner Bernald recommended that something be built that is practicable and useable as it has worked on Mrs. Davies property. Commissioner Patrick asked if the relocation of the open space to the front of the parcel eliminates the fear that people will be walking past the townhomes, invading privacy, and loitering at the creek? Director Walgren said that he did not know if it would be feasible to place a usable public plaza at the front of the property and still construct two townhomes on the property. Commissioner Patrick said that consideration may need to be given to one townhome with the placement of the public area up in front. Otherwise, if in a period of time it is deemed that the public open space is unsuccessful, it would revert back to Mr. Zambetti as private open space. The city, at that point, would lose the front public area. This would result in a lose -lose situation for the city. Director Walgren said that this was seen as an opportunity to have one of the few connections down to the Saratoga Creek in the Village other than Wildwood Park. PLANNING COMMISSION Mi..JTES NOVEMBER 24, 1998 PAGE - 9 - Commissioner Bernald asked if there were other easements recorded against other properties that would allow access to the creek? She asked if access to the creek would be eliminated if an access is not approved as part of the use permit? Chairman Pierce said that applicant indicated his willingness to dedicate land and that he is still open to providing access to the public open space. Commissioner Kaplan said that it is being stated that there is not a continuance of a riparian easement. Director Walgren clarified that the majority of the easements are not riparian easements. The city has been requiring these easements on development for the past five to ten years. The existing rights of ways belong to the Santa Clara Valley Water District, noting that these easements do not continue along the entire length of Saratoga Creek. In response to Mr. Kohlsaat's question, Director Walgren said that the Blackwell project just approved up the road provided a similar right of way and provided a public plaza in front of their commercial buildings. They were allowed to use their landscape area as part of the 20% requirement. In this case, the lower end of the parcel is being used as the public open space requirement. Mr. Kohlsaat asked if a variance to the open space requirement could be applied for? Director Walgren responded that a reduction or elimination of the open space easement can be considered as part of the use permit process. If it cannot be modified through the use permit process, it would require a variance to eliminate it or reduce the amount of open space. Mr. Zambetti submitted minutes from the June 14, 1989 Planning Commission Meeting relating to the reduction of the 20% open space requirement. He said that he wants to control who accesses the open space area. He stated that he would agree not to build on lot 3. He said that he would be open to alternatives in lieu of the open space requirement to improve the Village, (i.e., good signage, install a sign that states "Next lodging, food, gas 25 miles "). He would do what lie could to help the Village commercially. He clarified that the building could not be pushed back on the lot because of the slope. He said that building one unit would not necessitate the need for the open space. Director Walgren said that the objective of the open space is to be functional. Commissioner Bernald said that she would like to see open space in the front. She agreed with Mr. Zarnbetti that the open space in the back is a nuisance and that she did not believe that it would add to the Village ambiance. She felt that it would help the Village ambiance to have a small public area in the front. She noted that Mr. Zambetti wants a home and an economic advantage to build the townhomes. However, the Commission still wants to have an open space area provided. Commissioner Kaplan said that when she walked the property, her immediate response was that it would not work to have the public use the steep path to access the open space in the back and have the public go past the residents' windows. She said that she would approve the open space to the rear of the property if the third parcel is held in open space so that in the future, it can be used as an access. If residential is to be approved, although this is out of the normal Village foot traffic, maybe someone would walk to sit down and have a cup of coffee if a bench was made available. She felt that maybe a Spanish style fountain with a sitting area around it, incorporating landscaping could be supported. Commissioner Murakami concurred with the comments expressed by Commissioner Kaplan. if there is a need for more space and less building, there could be a consideration for the elimination of a three -car garage. He said PLANNING COMMISSION Mi_ JTES NOVEMBER 24, 1998 PAGE- 10 - that there was plenty of room on the top to add the square footage being lost at the bottom as an alternative. Commissioner Page said that lie was drawn to the open space by the creek as this is a peaceful area, noting that the Commission has the ability to convert the open space to private open space should problems arise in the future. It has been indicated that there is not a whole lot of foot traffic at this end of the Village so maybe this will encourage more foot traffic. He supported the idea of the open space down below and recommended that the pathway be located on the other side to give residents a sense of privacy. Commissioner .Martlage said that she was adamant about preserving the open space as it is part of the ordinance. She said that every time the Village is changed, something is lost. She felt that the ordinance was in place to preserve the character of the Village. She said that she would prefer to see the open space located in the front to provide the residents with some privacy, but that she could support the open space in the back too. Commissioner Patrick said that others were required to provide open space to provide individuals a place to go. She likes the idea of the park in the back more so than the front. She recommended that the buildings be made smaller to distance the pathway. She felt that there was a way to pave the pathway to delineate it. Chairman Pierce said that he was leaning toward Commissioner Kaplan's recommendation about a small sitting area to front if individuals choose to walk up and down Big Basin Way and to have the area preserved down by the creek for later use. He recommended that the garage size be reduced. Mr. Kohlsaat stated that he is providing the required five parking spaces for the two units. He said that a two -car garage and a parking stall would require the same amount of area as a three -car garage. Director Walgren clarified that the ordinance requires one, one car fully enclosed garage per unit and one and a half spaces per unit either in a garage or unenclosed area. The Planning Commission can modify these requirements through the use permit review process. Chairman Pierce noted that there are some existing easements to the creek and if further easements are acquired, the public open space can work. He recommended that the open space easement be preserved to see what happens in the future. Design Review Mr. Kohlsaat presented the Commission with realistic perspectives created on a computer that add a few trees to give the design some realism as elevations do not do the project justice. He presented the Commission with a design sketch and addressed the changes made to the east elevation as requested by the Commission. He said that if the size of the garage is reduced, lie could create a break but that the parking rules would be violated. Commissioner Martlage noted that on street parking would be available, therefore, the Commission could grant a variance from the parking requirements. She asked if thought was given to varying the use of materials based on the craftsman style design? Mr. Kohlsaat said that he has considered the use of a belly band and other design features. Commissioner Patrick asked why the pathway could not be sited on the right side of the building? Mr. Zambetti said that he would prefer access through the driveway as he did not want the public in the back of the house due to the location of the air conditioner and garbage containers that are located in the back. He agreed that this is a beautiful area that should be shared with others. He stated that he objects to having individuals he does not know PLANNING COMMISSION Mir, OTES NOVEMBER 24, 1998 PAGE - 11 - accessing the open space through his property. He also stated that he does not want to lose the three car garage as it is crucial to his lifestyle. Director Walgren said that in terms of making the pathway usable, wood signs and different paving material along the driveway would be sufficient to delineate the pathway to the open space area. Chairman Pierce noted that the open space would not be open to the public at night. Commissioner Kaplan expressed concern with the east elevation as it would be the elevation you would see when YOU approach it from Big Basin Way. Mr. Kohlsaat said that the east elevation would be screened. Commissioner Kaplan said that she was willing to give that project a chance as the Commission can review it if problems arise. Mr. Zambetti said that he would like to have the opportunity to discuses the issue of the open space with his architect and to have more discussions with the neighborhood. IT WAS THE CONSENSUS OF THE COMMISSION TO POSTPONE FURTHER DISCUSSIONS ON THIS ITEM TO ITS DECEMBER 9 MEETING. DIRECTOR ITEMS Director Walgren updated the Commission on the following: The December 9 and the first meeting in January will be held in the Adult Day Care room. He has been in touch with the school district through their architects and the environmental consultants. The City Manager will be meeting with the Mary Gardener to have the school district present their plans for the Saratoga Elementary School and the Redwood Middle School to both the Heritage Preservation and the Planning Commissions. The City Attorney stated that the school district can exempt themselves from the City's local regulations in terms of the tree protection ordinance if they can show that the removal of the trees is related to a classroom activity. He said that recent court cases have said that play fields are integral to classroom activities. If the school district has to remove the trees to expand a play field, they can exempt themselves from city ordinances. He said that the school board has to officially take this action as this is not an automatic action. The school board has to pass a resolution that they are consciously deciding to waive local regulations. This information is being shared with the school district. Regarding the review of the buildings, this is beyond the city's purview but that it was his belief that the school district will allow the city to review the buildings. However, the elementary school is listed on the city's local historic inventory which makes it subject to CEQA analysis. This information was shared with the school district's consultants. Therefore, at a minimum, the school district will need to come before the Heritage Preservation Commission. He said that he would be on vacation next week. Should the Commission need assistance during this time, they should contact Judi Crowley. PLANNING COMMISSION Mt ,JTES NOVEMBER 24, 1998 PAGE - 12 - COMMISSION ITEMS Chairman Pierce asked the Commission if December 10 or 17 were good days to hold the Christmas party? IT WAS THE CONSENSUS OF THE COMMISSION THAT THE CHRISTMAS PARTY IS TO BE HELD ON DECEMBER 10, 6:30 P.M. AT CHAIRMAN PIERCE'S HOME. COMMUNICATIONS Written City Council Minutes dated October 27 and November 4, 1998 Notices for Planning Commission Meeting of December 9, 1998 ADJOURNMENT TO NEXT MEETING There being no further business, Chairman Pierce adjourned the meeting at 9:35 p.m. to Wednesday, December 9, 1998, Adult Care Center, 19655 Allendale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 10, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Vice - chairwoman Bernald called the meeting to order at 7:30 p.m. Roll Call: Present: Commissioners Kaplan, Murakami, Page, Patrick and Vice- Chairwoman Bernald Absent: Commissioner .Martlage and Chairman Pierce Staff: Director Walgren and Planner Bradley Pledge of Allegiance Minutes - October 28, 1998 A motion was made and seconded to approve the October 28, 1998 minutes with the following amendments: Page 8, paragraph 2, last sentence, replace the word *4 with than. - Page 8, paragraph 7, line 4, replace the word residenee with residents. Page 10, paragraph 1, line 7 amended to read: "amount of vegetation and history of run off and soil instability associated with the site ... " Page 10, paragraph 4, line 2, replace the word Commission with Council. Page 15, paragraph 2 amended to read: "Commissioner Bernald inquired about the newspaper stands in front of the I }� Cali building on the curb on Big Basin Way. She requested that staff report 4ae4 to the Commission regarding moving the stands in front of the y Cali building ... " Page 15, paragraph 3, replace the word MAr -o+e with Marshall Lane. Page 15, paragraph 3 amended to read: "...night was the traffic impact associated with four week nights of practice ... As the adjacent school was built as has become a magnet school that is held in high regard .. . She requested that staff report bae4i to the Commission regarding this issue." Page 15, paragraph 5, line 2 amended to read: "...is allowed to be used for Quito Little League in the spring and that there is no one jurisdiction that is overseeing this issue ?" The motion carried 4 -0 -1 with Commissioner Murakami abstaining and Commissioner Martlage and Chairman :Pierce absent. Oral Communication No comments were offered. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly PLANNING COMMISSION MIS. RTES NOVEMBER 10, 1998 PAGE -2 - posted on November 6, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. DR -97 -001, BSA -98 -015, & V -98 -013 (517 -14 -080) - EL- KAREN, 20087 Kittridge Road: Request for Design Review and Building Site approval to construct a 4,742 sq. ft. two -story residence with a maximum height of 26 ft. on a vacant 5.07 net acre lot. A 20 ft. wide private road would be constructed to access the subject property and a second lot beyond this property. Variance approval is also requested to allow the new structure to be located within required building setbacks, as measured from the edge of the private access road right -of -way. The site is located within a Hillside Residential zoning district. (CONTINUED FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS). 2. DR -96 -070 & BSA -98 -014 (517 -14 -087) - EL KAREH, 20897 Kittridge Road; Request for Design Review and Building Site approval to construct a 7,194 sq. ft. two -story residence with a maximum height of 26 ft. on a vacant 7.72 net acre hillside lot. A 20 ft. wide private road would be constructed to access the subject property and one other lot. The site is located within a Hillside Residential zoning district. (CONTINUED FROM 10/28/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS). A MOTION WAS MADE AND SECONDED TO APPROVE CONSENT CALENDAR ITEMS 1 & 2. THE MOTION CARRIED 4 -0 -1 WITH COMMISSIONER .MURAKAMI ABSTAINING AS HE WAS NOT PRESENT AT THE OCTOBER 28, 1998 MEETING AND COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. PUBLIC HEARINGS 3. DR -98 -041 (503 -58 -031) RUPAREL, 20668 Seaton Ave.; Request for Design Review approval to partially demolish an existing 3,018 sq. ft. single story residence and construct a new 3,538 sq. ft. two - story residence at 21 ft. in height, maintaining an existing 1,023 sq. ft. basement. The site is 12,946 sq. ft. and is located in an R -1- 12,500 zoning district. ------------------------------------------------------------------------------------------------------------------------- - - - - -- Planner Bradley presented the staff report. Vice- chairwoman Bernald opened the public hearing at 7:35 p.m. Mr. Ruparel, applicant, informed the Commission that he presented the design of the home to the neighbors and that they were in support of the project. Tom Sloan, project architect, addressed the dormer window which is being addressed this evening. He furnished the Commission with photographs of the streetscape. He did not believe that there was a privacy impact to the adjacent neighbors. Commissioner Patrick inquired as to the metal balcony and railings. Mr. Sloan said that the balcony and railings are located on the south elevations. He said that a parapet wall is proposed with a metal grab rail located at the top. He said that his clients are happy with the design, including the use of Dutch gables. Mr. Sloan stated that architectural styles are very eclectic these days and that he did not believe that there was such a thing as purity in architecture anymore. He said that lie did not have an architectural style for the proposed design. He said that the PLANNING COMMISSION ML, JTES NOVEMBER 10, 1998 PAGE - 3 - reason for not clipping all five gables was at the request of the neighbors. Tony Chu, 13841 Tamworth Avenue, stated that raising the roof by three feet will block the beautiful mountains located to the rear. He said that he can see the home's first floor windows and the doors. He expressed concern that his backyard would be exposed to the second story windows, impacting his privacy and would eventually affect the value of his home. Grace Chu, 13841 Tamworth Avenue, informed the Commission that she recently moved into her new home in September 27, 1998. She stated that Mr. Ruparel invited her and her husband to meet with him to discuss his proposal. Unfortunately, she was not available to review the plans. She concurred with the concerns expressed by her husband. Richard Mayeur, 13832 Tamworth Avenue, said that his top front windows overlook Mr. Chu's lot. He said that lie could not see the swimming pool but that lie could see the top of his roof. He indicated that he and his wife like the design of the two -story home and felt that the proposed design would add a great deal to the neighborhood by upgrading the site. He appreciated the time that Mr. Ruparel took to speak with him and his wife to inquire if there were any objections to the design. He supported the plans as shown. Regarding the gable, he stated that he likes pointed gables but that he understands that the proposed gable satisfies the concern of the neighbor across the street. Adele Foos, 20685 Seaton Avenue, informed the Commission that she is an original owner of a home in the subdivision and resides directly across the street. She stated her support of the design as presented. She said that she has been assured that the design will fit into the neighborhood, noting that Mr. Ruparel has been good about contacting all the neighbors, modifying the design to please some of the neighbors. She recommended that the Chus plant tall shrubs to provide additional screening and create privacy. She requested that the Commission approve the design. Mr. Ruparel clarified that he started reviewing these plans with the neighbors four or five weeks ago. He noted that only one front window is proposed. He said that he spoke with Mr. Rasmussen on Sunday morning and that lie acknowledged that a window could have been depicted on the plans that lie overlooked. He informed the Commission that the home is skewed to the right and that it is not directly in front of Mr. Rasmussen's home. He said that he would like to accommodate Mr. Chu if possible. He said that Mr. Chu raised his concerns only a few days ago and that he could not change the design for him. He offered to pay for any trees that Mr. Chu would like planted in his backyard to address his privacy concerns. A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. Commissioner Murakami felt that the applicants have gone through extraordinary steps to cooperate with their neighbors. In this case, he does not see a problem with the physical layout of the home as far as intrusion or blocking view sheds. He said that he did not have any objections to the design of the gables. He suggested that the applicant be given a choice regarding the gables and that they not be restricted to the Dutch type of roof edges in the front which he felt detracts from the style of the home. He stated that he was willing to approve the project as subm itted. Commissioner Kaplan felt that the property owner did a good job in the public relations aspect of the process. She said that she does not see an issue of privacy with the window. She said that a single story home can be designed to be taller than a two -story home. She stated that she did not like the clipped gables. She said that she could support the gable as originally designed as you cannot please everyone. She said that she was not thrilled with the use of PLANNING COMMISSION MI, -iTES NOVEMBER 10, 1998 PAGE -4 - the columns and did not understand the reason for their use. She stated that she would support the design, allowing the applicant his choice of clipped or frill gables. Commissioner Page agreed that the applicant did an admirable job with the neighbors. He said that he drove by the site three times this week to look at the imposition that the home may have on Mr. Chu's privacy. He said that lie could see that there may be a little line of sight but did not believe that it would be significant. Also, the existing trees will grow and that in time, the concern will be nonexistent. He recommended that the applicant be consistent in his choice in the design of the gables. Commissioner Patrick stated that she did not like the clipped gables and recommended that they be peaked. She said that she would vote against the application if the gables are not all peaked. She said that she did not object to the second story design. Vice- chairwoman Bernald commended the applicant for working with the neighbors. She stated that she appreciated the 21 -foot height limit of a two -story home and that she did not believe that the second story was out of place. She felt that the applicant made a good case this evening in showing that the home is offset from viewing the Chu's swimming pool area. She did not believe that the Chu's would lose money in their home. She stated that she did not support the columns located in the front entryway as she did not believe that they were substantial enough to hold the gable above it. She recommended that the applicant work with staff to widen the columns and incorporate the element so that it appears as one unit. She felt that the entryway needed to be grounded a little bit. She stated her preference for the pointed gables and recommended that the applicant consider the pointed gables as the Wangs may not live at their residence for a long period of time and that she wanted that applicant to be happy with the design of their home. She stated that she could support the request but recommended that the applicant work with staff to change the columns. A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. DR -98 -041, WITH ADDED CONDITIONS THAT WOULD REQUIRE THAT THE APPLICANT WORK WITH STAFF TO: 1) AMEND THE FRONT ENTRYWAY TO WIDEN THE COLUMNS; AND 2) MODIFY THE GABLES TO REQUIRE MORE TRADITIONAL POINTED GABLES TO MAINTAIN COMPATIBILITY. THE MOTION CARRIED 4 -1 WITH COMMISSIONER PAGE VOTING NO AND COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. 4. DR -98 -039, V -98 -007 & UP -98 -013 (397 -24 -011) - HOWMILLER, 20247 La Paloma Ave.; Request for Design Review approval to add a 710 sq. ft. second story to an existing 1,800 sq. ft. single -story residence. Use Permit approval is required to allow the reconstruction of a detached garage within the required rear yard area. Variance approval is required to allow the setback in the second floor to be 6 ft. on the right side where 20 ft. is required. The existing right side setback is non- conforming at 6 ft. where 15 ft. is required for corner lots. The property is 7,500 sq. ft. and is located in an R -1- 10,000 zoning district. Planner Bradley presented the staff report. Commissioner Murakami recommended that in the future that staff mark what the standard setbacks are in the drawing as it would help the Commission in its review of projects. Vice - Chairwoman Bernald opened the public hearing at 8:17 p.m. John Howmiller, applicant, stated that he has reviewed the staff report and concurred with staffs recommendation. PLANNING COMMISSION MIS. jTES NOVEMBER 10, 1998 PAGE - 5 - Sandra Paim, project architect, stated that she felt that her clients did a great job in working with their neighbors to receive their constructive criticism and to obtain their endorsement of the project, including working with the adjacent developer, Mr. Pinn. She informed the Commission that Mr. Pinn has offered an easement to allow the applicant to access the garage. She said that the new garage brings the property up to code with the requirement of two car - covered parking spaces. She said that she tried to meet the spirit of the design standards as much as possible, noting that the home was designed under a separate set of zoning restrictions. She felt that the architectural style was appropriate for the neighborhood as it fits the existing cottage - craftsman -style architecture with the use of wood siding, shingles, etc. Commissioner Murakami noted that the bottom of the house uses siding while the upper floor utilizes shingles. He asked if this was a matter of style for this project? Ms. Paim said that it is typical for craftsman style bungalows to use a mix in siding materials. Meg Caldwell, 20201 La Paloma, informed the Commission that she resides down the road from the Howmiller's property. She said that her family resides in a larger two -story craftsman bungalow. She stated that she is in complete support of the Howmiller's application as they have shown tremendous respect and care in developing their application and that the unique constraints that they confronted on the property supports the variance request. She said that the applicant has shown respect for the historic nature and the architectural character of the neighborhood, making sure that they had shared the design with the neighbors. A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. Commissioner Page felt that the applicant did an excellent job in keeping the architecture of the neighborhood. He felt that the variance could be supported due to the nature of the lot and the existing structure that the applicant had to work with. Commissioner Patrick stated that she did not have a problem with the proposal but stated that she would like to see a basement incorporated in the design. She said that her only concern was that the house located next door would be located between two story homes. However, she suspects that this property owner would soon be requesting a two -story addition. She commended the Pinn Brothers for granting an easement for a driveway. She felt that the project would be a good addition to the neighborhood. Commissioner Murakami stated that he also liked the design. He noticed how narrow the lot is and the constraints that exist to build on the site. He said that it was difficult to understand the drawings as far as the roof profiles go. After looking at the lot and the design of the home, he said that he has no problems with the proposal. Commissioner Kaplan felt that the Commission can make all the necessary findings for the variance as stated in the resolution of approval. She advised the applicant to keep an eye on the existing oak tree as someone may damage or remove it. She recommended that the applicant follow the directions of the City arborist in order to protect the oak tree. Vice- chairwoman Bernald stated that she enjoyed the site visit and felt that the applicant has a beautiful site. She also recommended that the applicant protect the oak tree. She said that it has been recommended that three, twenty -four inch box or equivalent value trees be placed in the area. She said that she was not sure if this would be possible. She asked staff what should the Commission be recommending to address this concern? Director Walgren informed the Commission that staff included equivalent values. He said that a single, large box size tree would have the same monetary value arrived at by the city arborist. PLANNING COMMISSION ML, RTES NOVEMBER 10, 1998 PAGE - 6 - After receiving staffs explanation, Vice - chairwoman Bernald stated that she could support the application. A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. V -98 -007. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. DR -98 -039. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. A MOTION WAS MADE AND SECONDED TO APPROVE RESOLUTION NO. UP -98 -013. THE MOTION CARRIED 5 -0 WITH COMMISSIONERS MARTLAGE AND CHAIRMAN PIERCE ABSENT. 5. DR -98 -004, SD -98 -002 & UP -98 -003 (503 -25 -014) - ZAMBETTI, 14645 Big Basin Way; Request for Design Review approval to construct two new townhouses totaling 2,074 sq. ft. and 3,317 sq. ft. each. Subdivision approval is required to divide the property into three lots (one lot for each of the two units and a third lot for common space). Use Permit approval is required to allow residential development in the CH -2 zoning district without a commercial component of the project. Dedicated public open space is also a requirement of approval. The site is 16,160 square feet. Planner Bradley presented the staff report. Commissioner .Kaplan stated that she did not believe that this project meets the intent of the General Plan and the Village Plan. She recommended that this issue be addressed at this time or at a study session. Vice- chairwoman Bernald asked if there will be access from other lots that will become available as development occurs. Director Walgren said that it would be difficult to state that there will never be another access to the creek from an adjoining parcel. If a substantial development is proposed on the lower terrace of the property, it would be subject to a wildlife biological assessment. He felt that there was little likelihood of further development potential of the property. Vice - chairwoman Bernald asked if there would be any limitations on the hours that would apply to this project for the safety of the residents due to public safety and vandalism issues? Planner Walgren responded that staff has not included this concern as a condition. He said that this concern can be considered as part of the use permit resolution to state the hours of accessibility be posted on access signs. He clarified that although parks tend to close at dusk, he said that this is not a public park but that park standards can apply to this application. He said that the ordinance relating to the pedestrian open space is specific to the Saratoga Village and that it was tailored to apply to commercial development. He said that the ordinance is being applied to this project even though it is not a commercial project because it is a requirement of the commercial historic zoning. Therefore, this is a hybrid situation and that the solution was a staff suggestion to meet the 20% pedestrian open space requirement of the Village zoning. Vice - chairwoman Bernald opened the public hearing at 8:31 p.m. Gary Kohlsaat, project architect, stated that when the applicant and he first looked at the project, it was sought to integrate a small commercial portion for an office as a mixed use along with the residential use. Even though the site is located in a commercial zoning district, he felt that the site was better suited for residential development. He PLANNING COMMISSION MIS -4JTES NOVEMBER 10, 1998 PAGE - 7 - said that the problem he faces in trying to fit commercial development in this area is the parking requirement. He said that the project barely satisfies the required 5 parking spaces for the two, three - bedroom units. He said that the nature of the site made it difficult to develop, noting that the lot is fairly flat for a good portion but that it drops down rapidly and then goes down to the creek area. Therefore, the development area is extremely limited. He noted that residential development surrounds the property, including proposals for residential development just past the site. Addressing the architecture, Mr. Kohlsaat said that he worked hard to make the design fit in with the neighborhood. The architectural character is that of a craftsman style home. He tried to design the home to make it look like a single family dwelling, with garages not being seen from the street. The front yard will be landscaped typical to that of a single family home. He said that he worked around the oak trees located below the site. He said that lie was reluctant to go along with the requirement of providing a pedestrian open space easement. A variance to this requirement was contemplated as the requirement does not make sense for this property. He expressed concern with individuals living in these units having individuals walking down the side of their homes to the creek area. He stated that he would support a pedestrian space located in the front of the property in conjunction with the street. Commissioner Kaplan said that in looking at the west /left side orientation as well as the right side, east orientation of the back of the structure, it appears to be a tall, three story structure. Mr. Kohlsaat responded that this is a problem that the Commission will face because architects draw in elevations. What the Commission sees is the true elevation of the building as opposed to a perspective. He said that in a perspective, a two -story structure will be seen with a skirt wall below. He addressed the roof structure and the volume that are over the basement. He said that there is not a legal floor area. Therefore, it is not technically a three -story building. Commissioner Kaplan referred to page A -2, the balcony located off the master bedroom of the upper level floor plan of unit B looking toward the street. She felt that the visual seems to go directly into the bathroom of bedroom 3 of unit A. She expressed concern with the privacy issue. Mr. Kohlsaat clarified that there are no windows that would look into unit A from the balcony. The small window on unit A is designed to provide light and ventilation, noting that a solid wall is proposed. Commissioner Page requested clarification about the lower level bedrooms on Unit B and asked if they are considered basements? Mr. Kohlsaat responded that the lower level bedrooms of Unit B are considered basement units. He indicated that construction of the units would not occur before April 15, noting that this is a sensitive hillside site. Commissioner Page asked if Mr. Kohlsaat had any other suggestions to the pedestrian open space requirement? Mr. Kohlsaat responded that he does not have suggestions to the pedestrian open space requirement. He said that he would agree to provide a pedestrian access to the creek, but not a picnic area. He said that the applicant wants the area to be accessible to its residents. Lee S. Grey, 14498 Springer Avenue, President of the Saratoga Homeowners Association, requested clarification regarding the notice of hearing that made reference to a third lot for future development. He said that he spoke to Planner Bradley who indicated that the third lot has been withdrawn, noting that the staff report states that subdivision approval is required to divide the property into three lots. He asked if construction would be allowed on the third lot in the future? He read into the record a statement from the Homeowners of Saratoga Oaks Development stating that they have reviewed the site plan and the exterior elevations for two townhomes . submitted by the developer. It is felt that the planned use of the property is appropriate and tasteful if the number Of units is limited two rather than three as originally thought. It is important and necessary that the health of the PLANNING COMMISSION MIS -40TES NOVEMBER 10, 1998 PAGE -8 - stream and the wildlife habitat be preserved. He said that as a 23 -year area resident, he has not seen a requirement for public access in this area. He did not envision individuals buying these expensive units only to have the public go buy the homes to have a picnic in the homeowners' back yards. Director Walgren responded that you cannot say for certain that the lower portion of the property has absolutely no development potential. If there was a proposal for the lower half of the property, it would return to the Commission for further review. He said that it was his belief that there is no development potential on the lower portion of the site. If the property owner chose to do a lot line adjustment and merge the property with an adjoining parcel to create a larger project, there may be the possibility of further development. However, if the public open space is recorded, it would tie the lower portion of the site to the upper part. Therefore, he sees very little chance of any development potential of the lower end of the site. Mr. Kohlsaat responded to the issue of future development. He said that it was thought at one point that there could be a vehicular easement through the adjacent property to the west. He said that he has tried to discourage his client from considering further development due to the "nature" located below. He said that if someone buys the two lots, they will want to know if anything will be built on the third parcel. He said that the request for the third lot has been withdrawn at this time, but that he could not give assurance that this request would not be raised again in the future. A MOTION WAS MADE AND SECONDED TO CLOSE THE PUBLIC HEARING. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. Commissioner Patrick noted that it is being requested that the Commission approve a three -lot subdivision. It was her understanding that if a three -lot subdivision is approved, two lots would be built upon and the third lot would be left up in the air. She asked if this means that the third lot would be a buildable lot? Director Walgren responded that in any townhome development, you will have a certain amount of units plus a common space. This three -lot subdivision does not imply that there is a third legal building site. The third lot is the common space that will be owned by two future homeowners. Commissioner Kaplan noted that a very sensitive wooded, riparian corridor exists. She asked if there was a way to protect this area from encroachment by the homeowner(s)? Director Walgren responded that if the public open space requirement is not part of the approval, a similar open space easement could be recorded along the creek bank and a location to be determined by a wildlife biologist based on the greatest value of protecting the riparian habitat. Commissioner Kaplan felt that there were many issues associated with the applications before the Commission. She said that the City has a historic document, the General Plan and the Village Plan. She said that someone sat down 10 -1.1 years ago and considered the concept as to what is to go in this area. She said that she was not comfortable with taking action and spot zoning this area. She recommended that the Commission discuss how it will handle this issue. Commissioner Patrick noted that this area is already zoned residential and that the property owner can leave the home as is with individuals residing in the home without a commercial use. Director Walgren said that Saratoga has very little land zoned commercial. To allow this area to develop as residential gives up another opportunity for a minimal amount of commercial development. On the other hand the Village Plan referred to by Commissioner Kaplan did not restrict residences from being developed in the Village PLANNING COMMISSION ML,.JTES NOVEMBER 10, 1998 PAGE - 9 - but encourages a mix of commercial and residential uses subject to conditional use permit approval by the Planning Commission. Commissioner Patrick felt that it was an interesting and intriguing idea to have the pathway to the creek. She said that she would like to see how the open space pedestrian easement will work. Rather than placing restaurants and buildings that block off the creek and have it empty, she felt that it would be interesting and a good idea to have individuals use the creek. She said that she did not oppose the residences as they already exist. She felt that the townhomes were nicely designed and would enhance the area rather than take away from the rest of the Village. She stated her support of the project. Commissioner Page stated his concurrence with Commissioner Patrick. He felt that the pedestrian open space easement was a creative idea. However, lie expressed concern with the public safety aspect. He recommended that the Public Safety Commission or the Parks Department assess what it will take to patrol the creek area as it could create havoc for the residents. Director Walgren informed the Commission that it could try out the pedestrian open space for a year to see how it works. If it results in a constant enforcement problem, the Commission can reconsider the open space requirement. If the problem became severe, it could revert to a private open space easement. Commissioner Page did not recommend that time restrictions apply to the open space because the residents would not be able to use it during certain parts of the day if restricted. To address Commissioner Page's concern, Director Walgren recommended that "public" access be restricted. Commissioner Murakami stated that he liked the pedestrian open space concept and would like to see how it works. As far as the commercial aspect, lie said that it would be nice to see some commercial capability in the front. As far as the design, he felt that the design can be improved, especially the front elevation. He understands that the design would be a vast improvement of what exists today. However, there is something about the front elevations that bothers him as the size of the structure does not look right. Also, the right side elevation bothers him as it appears to be too flat. He said that he understands the constraints of the lot and that he was sure that staff reviewed the different alternatives with the architect. He stated that he does not like the front design for this size structure. Therefore, lie could not approve the project. Commissioner Kaplan stated that her initial reaction was that the public access would not work. She agreed with Commissioner Murakami that the east side elevation gives the appearance of a hotel as it is a large solid wall. She said that the Commission may not be getting a flavor of what is going on from the drawings. As presented, the building looks massive and therefore, she could not support it. Vice - chairwoman Bernald stated that she also did not like the right side elevation. She did not believe that there was enough architectural relief provided to break up the elevation. She said that she has greater concern with the public access and the area below. She was not comfortable with leaving it as "let's see what happens and then go back to it." She stated that she was concerned about the General Plan and other issues. She stated that she would prefer to discuss the issues in a study session to work out the issues. A MOTION WAS MADE AND SECONDED TO REOPEN THE PUBLIC HEARING. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. Director Walgren informed the Commission that the first available study session meeting date is Tuesday, November 24, 1998. This meeting could be set for either 6:00 p.m. to 7:00 p.m. before the 7:30 p.m. public hearing. As an alternative, he said that the public hearings could be held at 7:30 p.m. to be followed by the study PLANNING COMMISSION MI,,iTES NOVEMBER 10, 1998 PAGE- 10 - session. He said that the issues on the easement language are straight forward and that there were some good ideas presented this evening. Staff could be prepared to include these suggestions in a resolution. He felt that the architect has been asked to look at the right side, east elevation articulation and that lie can present schematic drawings at the November 24 meeting. He recommended that the Planning Commission refer to the Village Plan and that the Commission go through the policies in the document and be prepared to discuss whether this project is consistent with the Village Plan. Commissioner Kaplan requested that staff invite former Commissioner Siegfried or other resource persons to address the Commission on the Village Plan. A MOTION WAS MADE AND SECONDED TO CONTINUE THE PUBLIC HEARING FOR THIS ITEM TO A NOVEMBER 24, 1998 STUDY SESSION FOLLOWING THE REGULARLY SCHEDULED MEETING. THE MOTION CARRIED 5 -0 WITH COMMISSIONER MARTLAGE AND CHAIRMAN PIERCE ABSENT. DIRECTOR ITEMS Director Walgren updated the Commission on the following: Scheduling for the theater lighting will not affect the scheduling of the auditorium. Work will begin right after the first public hearing in December and is scheduled to be concluded before the first Planning Commission public hearing in January, noting that the second meeting in December has been scheduled. He was asked to follow up on the news racks in the Village. He said that the city manager's office is aware that there are other new racks in the Village beyond the area to be provided for permanent racks and that the city manager's office is following up on this issue. He said that it is not clear at this time whether all the permanent racks have been installed as of yet. - Chairman Pierce contacted him this afternoon requesting that he share with the Planning Commission that he is hosting the annual Christmas party this year as Planning Commission Chair. Chairman Pierce asked that he inquire if Wednesday, December 16 is a good day for the Christmas party. Director Walgren said that one of the problems with this date is that traditionally, the chair invites Council Members to the party. This date would conflict with the City Council's regular meeting. He said that Chairman Pierce will review alternative dates but requested that the Commission indicate if December 16 is a good day. He recommended that the Commission contact Chairman Pierce and indicate what days are good. Status of the Argonaut Shopping Center. Site demolition activities are underway. He said that it was shock to see what the site looks like now that the trees have been demolished. He presented the Commission with the approved landscape exhibits that were reviewed by the Planning Commission and the City Council. He identified the back trees that were to be retained. He said that a condition of approval stated that the landscape plans were appropriate. However, measures needed to be taken to protect, retain or incorporate as many on -site trees as possible. This was primarily relative to the frontage trees. During the plan check process, their landscape architect contacted the city and stated that it was their belief that the stone pines should be removed based on their nature and their tendency to drop limbs. The appropriateness of these trees over a parking area were questioned and that it was requested that they be allowed to remove these trees. Director Walgren informed the Commission that the city's arborist concurred with the proposal and the comments that these are top heavy trees that are prone to tipping over, particularly if their root base is cut PLANNING COMMISSION MIi,iTES NOVEMBER 10, 1998 PAGE-11 - away. He said that the trees were allowed to be removed based on this information. The plans indicate the quantities of new trees that are to be planted as a result of project approval. He clarified that the interior trees are proposed to be ornamental and flowering trees which are appropriate for the interior of a parking lot. He said that staff is not accepting the ten ornamental trees proposed to be planted along the streetscape. Staff is working with the city arborist to require the installation of three times as many trees as were on site in terms of large box size trees. The arborist will be consulted regarding the selection of the tree species to ensure that the city is getting healthy species of trees, including planting groups of coast redwoods and incorporating a coast live oak in order to retain the tree canopy that one sees as one drives down Saratoga - Sunnyvale Road into the Village. Commissioner Kaplan said that a couple of meetings ago, there was discussion regarding the merit of installing healthier, easier to transplant smaller trees. Director Walgren said that Commissioner Kaplan has a valid point. If the arborist is advising on the selection of the trees, it was his belief that the city could get large sized, healthy trees installed that do not take several years to replace the canopy that was lost. He said bonding may be required to ensure that the trees survive in order to give the city a recourse to replant trees that do not survive at the developers expense, especially for the street trees to be planted along the frontage of the property. He said that the removal of the eight stone trees was approved because they were not appropriate for the location and that it is proposed to plan for the planting of trees that will do well for the next several years. COMMISSION ITEMS Vice - chairwoman Bernald asked if there are any approvals for the Oak Street School remodel and the addition that is to be added onto the school that is on the City's Historic Register that was built in the 1800s? She felt that the citizens of Saratoga have worked hard to maintain this site and the architecture. She is hoping that the new building will preserve some of the historical features. COMMUNICATIONS Written City Council Minutes dated October 21, 1998 Notices for Planning Commission Meeting of November 24, 1998 ADJOURNMENT TO NEXT MEETING There being no further business, Vice- chairwoman Bernald adjourned the meeting at 9:30 p.m. to Tuesday, November 24, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Erma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES WEDNESDAY, OCTOBER 28, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting -------------------------------------------------------------------- Chairman Pierce called the meeting to order at 7:31 p.m. Rnll Call Present: Commissioners Bernald, Kaplan, Martlage, Page, Patrick and Chairman Pierce Absent: Commissioner Murakami Staff: Director Walgren and Planner Ratcliffe Pledge of Allegiance Minutes - October 14, 1998 On a motion by Commissioners Bernald /Kaplan the Commission approved the October 14, 1998 minutes with the following amendments: Page 3, Paragraph 9, replace the word stFi$s with stripes - Page 3, last paragraph, second sentence amended to read: "She r-eEAmmended said that the use per-mi this time to allow a Festakir-a!itldeli so that the Else POFFRit WOUld- 148t Heed to oveme h-o-f4are r'^mmissiei; 41 the f4.*.. °° should a restaurant/deli be proposed in the future that it return to the Commission for use permit review and approval. Page 9, paragraph 4, last sentence, replace the word maiiitaiiis with mountains. The motion carried 6 -0 (Coin missioner Murakami absent). Oral Communication No comments were offered. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 23, 1998. Technical Corrections to Packet Director Walgren informed the Commission that there is one correction to the Packet. Item 3, the project description for the basement should be corrected to read 600 square feet. CONSENT CALENDAR 1. DR -98 -035 (397 -40 -003) - REYES, 14742 Via de Marcos: Request for Design Review approval to add 166 square feet to the first floor, and 510 square feet to the second floor of an existing 5,384 square foot single -story residence on a 51,600 (net) square foot lot. Maximum building height is proposed to be 20 PLANNING COMMISSION Miiv UTES OCTOBER 28, 1998 PAGE - 2 - feet. The site is located within an R -1- 40,000 zoning district. ON A MOTION BY COMMISSIONERS PATRICK/BERNAL:D, THE COMMISSION ON A 6 -0 VOTE WITH COMMISSIONER MURAKAMi ABSENT, APPROVED CONSENT CALENDAR ITEM 1. PUBLIC HEARINGS 2. UP -98 -010 & V -98 -014 (379 -25 -041) - AHMADIAN, 14301 Saratoga Avenue: Request for Use Permit approval to construct a 400 square foot detached garage in the rear yard setback as close as 4 feet from the rear and side property lines. Variance approval is requested to allow a second floor dormer window to be built to the edge of the existing building line at 4 feet from the neighboring property line which l l feet is the required setback and to allow a small addition off the rear to match the existing building line at 4 feet where 6 feet is required. The Variance also includes a request to allow a chimney to be located two feet from the property line where three feet is required. The plans include a 339 square foot addition to the second floor and a 112 square foot addition to the first floor of the existing 1,446 square foot residence. The site is 7,500 square feet located in the R -1- 20,000 zoning district. CONTINUED FROM 10/14/98 TO RE- ADVERTISE PROJECT). Director Walgren presented the staff report. Commissioner Bernald inquired as to the procedure for this item should the Commission be willing to support the dormers but not the chimney? Director Walgren responded that the chimney request could be separated from the approval and that it can so be clarified by a specific condition in the resolution for the variance. Commissioner Martlage asked what type of fireplace is being proposed? Director Walgren responded that it was his belief that an open wood burning fireplace with a gas insert is proposed and that it was not a zero setback fireplace. He said that a gas chimney fireplace could make a difference in the setback requirements. He said that the chimney could be pushed in further into the structure or that it could be relocated. Chairman Pierce opened the public hearing at 7:40 p.m. Bob Schwenke, representing the applicant, addressed the letter received from the Mingrone neighbors expressing concern that a fireplace is proposed to be located within 2 feet from the property line. He said that the fireplace is to be a prefabricated wood burning fireplace with a spark arrestor. He said that the proposed fireplace location is the only location that would provide some means of visualization within the layout of the first floor. Commissioner Kaplan asked Mr. Schwenke if his clients would be agreeable to making the fireplace a gas only burning fireplace, in which case, there would not be a problem with setbacks. Mr. Schwenke responded that his clients would prefer a wood burning fireplace as this is the only fireplace proposed for the home. Relocating the fireplace to another part of the structure would affect what is proposed for the attic or upstairs area. He said that the only dormer that is of significance is the one located on the left -hand side of the building. This is the only encroachment where the variance would be required. The other dormers are setback away from the property line and would not affect the existing setback requirements. COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:44 P.M. Commissioner Page stated that in light of the letter received, lie would support moving the fireplace into the wall PLANNING COMMISSION Mlry UTES OCTOBER 28, 1998 PAGE - 3 - or making the fireplace gas burning only. He said that he could support maintaining a three -foot setback for the fireplace versus the need for a variance. Commissioner Martlage concurred with Commissioner Page that the only issue relating to this item is moving the fireplace. She commended the applicant for raising and saving the home. Commissioner Patrick concurred with the comments expressed by her fellow Commissioners. She said that the only thing that could make this design better is a basement but noted that a basement is not being proposed. Commissioner Bernald commended the applicant for the work being done to save the home. She stated that she has a problem with a fireplace two feet from the property line. She said that she could support the fireplace if a direct vent was being used. Commissioner Kaplan stated that if the applicant wants to install a gas burning fireplace, it can be left at its proposed location. She said that she could not approve the fireplace as proposed and recommended that it be moved to the other side of the home or pulled into the home if it can meet code requirements. Chairman Pierce stated that he appreciated the work being done to the home. He said that lie could support a gas only burning fireplace because a fireplace at a two -foot setback was too close to the adjacent property. Commissioner Patrick said that she found it incredulous that moving the fireplace another foot would make a big difference in preventing fires or children playing around it. Director Walgren clarified that absent the variance application, a three -foot setback would be acceptable and in conformance with code. He said that the Commission has the authority to impose conditions on this project as a result of the variance that goes beyond minimum code standards. Chairman Pierce said that if the chimney could be designed to meet code requirements, he could support a wood burning fireplace. COMMISSIONERS PATRICK/MARTLAGE MOVED TO APPROVE RESOLUTION NOS. UP -98 -010 AND V -98 -014, AMENDING THE CHIMNEY LOCATION TO REQUIRE A THREE -FOOT SETBACK FROM THE PROPERTY LINE. THE MOTION CARRIED 5 -1 WITH COMMISSIONER BERNALD VOTING NO AND COMMISSIONER MURAKAMI ABSENT. 3. DR -98 -036 (510 -03 -011) - BEAN, 15310 Pepper Lane; Request for Design Review approval to demolish an existing single -story residence and accessory structure and construct a 6,240 square foot single -story residence with a maximum height of 26 feet on a 51,870 (net) square foot lot. An existing 600 square foot basement is to remain. The site is located within an R -1- 40,000 zoning district. (CONTINUED FROM 10/14/87 AT THE APPLICANT'S REQUEST). ------------------------------------------ Planner Ratcliffe presented the staff report. Chairman Pierce opened the public hearing at 7:52 p.m. William Bean, applicant, informed the Commission that three gas burning fireplaces are proposed with one designated as a wood burning fireplace. COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 7:54 P.M. PLANNING COMMISSION Mh-i UTES OCTOBER 28, 1998 PAGE - 4 - Commissioner Kaplan stated that the design was suitable for the site. Therefore, she could support the application. Commissioner Bernald said that this was one of the most exquisite designs reviewed by the Commission in a long time and that it was well suited to the site. She said that she could support the application. Commissioner Patrick said that colors are bland but acknowledged that it was a taste item. She wished that designs of homes did not maximize the allowable square footage for the sites. She said that she has no objections to what is being planned but wished that the home did not have to be quite so big. Commissioner Martlage concurred with the positive comments expressed. She appreciated the efforts of the applicant to be sensitive to the trees and liked the details of the chimneys. Commissioner Page stated that he liked the design of the home. Chairman Pierce said that lie liked the stone design and felt that it was refreshing to have a design that utilizes material other than pure stucco. COMMISSIONERS PATRICK /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -98 -036. THE MOTION CARRIED 6 -0 (COM:MISSIONER MURAKAMI ABSENT). 4. DR -98 -020 (397 -27 -020) - PARDEN, 20434 Walnut Avenue: Request for Design Review approval to demolish an existing 1,282 square foot single -story residence and construct a new 2,256 square foot two - story residence with a 698 square foot basement on a 9,372 square foot lot. The existing 560 square foot garage is to remain. The proposed maximum building height is 26 feet. The site is located within and R- 1- 10,000 zoning district. Planner Ratcliffe presented the staff report. She informed the Commission that correspondence has been received from Margaret Whalen expressing concern with the accuracy of the site plan and that she is requesting that a survey be performed on the site. Staff felt that this was a reasonable request and has included this as a condition of approval. She said that staff also received three letters from adjacent neighbors in support of the project as follows: John and Cindy Kerr, 14160 Victor Place; Grover B. Steel, 20410 Walnut Avenue; and Mike Parley, 20431 Walnut Avenue. She said that staff feels that the findings can be made to support the application and recommends approval of the design review application. Commissioner Kaplan said that she noticed a fireplace in the basement, directly below the one located in the family room. Planner Ratcliffe said that a condition in the resolution of approval states that only one wood burning fireplace is allowed, noting that it was a stacked fireplace. Chairman Pierce opened the public hearing at 8:02 p.m. Jim Parden, applicant, stated that lie has gone through a great extent to make the home compatible with the neighborhood. He said that lie originally proposed to stack the second floor on top of the original home. After discussions with staff, it was decided that this would not be the design that would be best suited for the neighborhood. It is now proposed to demolish the existing home and center a new home on the lot and construct a compatible home to the neighborhood. He requested Commission approval as he has followed the guidelines requested by staff. He said that composite roofing material will be used. PLANNING COMMISSION Mliv IJTES OCTOBER 28, 1998 PAGE - 5 - Chairman Pierce said that lie was contacted by Mrs. Whalen this morning who expressed concern with sunlight being affected by the design of the home. Mr. Darden stated that Mrs. Whalen's kitchen window is located toward the rear of her home. He said that Mrs. Whalen has a magnolia tree that sits outside her kitchen window and that he has three large trees that sit on his property line. Margaret C. Whalen, 14140 Victor Place, expressed concern with solar access. She said that she has just one large window. She submitted a site plan to the Commission that depicts the location and the size of the window. She said that the window was located two - thirds of the way back from the front of the home and that it is directly across the side doorway of the Parden's home. She said that there is a two -story home on Victor Place and a two - story home on the other side of the Parden home. She requested that a survey of the property be conducted because of the concern of the fence line. Commissioner Bernald informed Mrs. Whalen that a survey of the property has been included as a condition in the resolution. Mr. Parden stated that he was confident that Mrs. Whalen's kitchen window is located within the last four or five feet of the rear of his home. He said that Mrs. Whalen's side door and his door are lined up and that Mrs. Whalen's kitchen window is about five or six feet toward the rear of his lot. He stated that the second story is the furthest setback of the home. He clarified that both fireplaces are gas burning. Elsbeth Newfield, architect, clarified that the area under discussion is the west wall of the new home and the east wall of Mrs. Whalen's home. She said that the entire Parden home is being moved to the east. Therefore, the home will be further away from Mrs. Whalen's home than it is currently. Therefore, the second story would be eight feet more to the east. She said that it is the east light to Mrs. Whalen's home that is being discussed. This is the least likely orientation to have a significant light impact. She said that the whole footprint of the home is slightly smaller than the existing home because she was forced to reduce it in order to have a second story. She did not believe that the home would have a big impact to Mrs. Whalen. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 8:1.4 P.M. Commissioner Martlage stated that it appears that Mrs. Whalen's concerns have been noted and included as part of the resolution. She said that she liked the design as it is appropriate for the neighborhood and the fact that the home has been moved away from Mrs. Whalen's home is a consideration. Therefore, she could support the application. Commissioner Patrick felt that Mrs. Whalen will find that she will have more light than she had before. She felt that the design was a nice one. Commissioner Page felt that a great job was done with the design of the home and felt that Mrs. Whalen will be happy when the new home is built. Commissioner Bernald felt that the home would be a nice improvement and that this was an appropriate design for the neighborhood. She recommended that the garage incorporate the same exterior finish as that of the home on two sides. She stated her support of this application. Commissioner Kaplan concurred with the comments expressed by the other Commissioners. She concurred with the adjustment to the garage as recommended by Commissioner Bernald. PLANNING COMMISSION Mi., UTES OCTOBER 28, 1998 PAGE - 6 - Chairman Pierce stated that it was his opinion that Mrs. Whalen would have as much light if not more with the building being moved eight feet further away from her property. Also, the second story is oriented in such a manner that it will not have a direct impact on Mrs. Whalen's window. He said that this is a good project, one that he could support, including the survey of the property. COMMISSIONERS BERNALD /PATRICK MOVED TO APPROVE RESOLUTION NO. DR -98 -020 WITH THE ADDITION OF A CONDITION THAT WOULD REQUIRE THE SAME SIDING OF THE HOME BE APPLIED TO THE NORTH AND :EAST SIDING OF TEIE GARAGE, UPON CONFIRMATION BY STAFF. THE MOTION CARRIED 6 -0 WITH COMMISSIONER MURAKAMI ABSENT. Director Walgren recommended that agenda items 5 and 6 be considered as a single staff presentation and a single project discussion even though they are two separate and individual applications. This recommendation is being made because the two applications are adjacent to each other and are proposed to be accessed from the same roadway. 5. DR -97 -001, BSA -98 -015 & V -98 -013 (517 -14 -080) - EL- KAREH, 20887 Kittridge Road: Request for Design Review and Building Site approval to construct a 4,742 square foot two -story residence with a maximum height of 26 feet on a vacant 5.07 net acre lot. A 20 -foot wide private road would be constructed to access the subject property and a seconded lot beyond this property. Variance approval is also requested to allow the new structure to be located within the required building setbacks, as measured from the edge of the private access road right -of -way. The site is located within a Hillside Residential zoning district. 6. DR -96 -070 & BSA -98 -014 (517 -14 -087) - EL KAREH, 20897 Kittridge Road: Request for Design Review and Building Site approval to construct a 7,194 square foot two -story residence with a maximum height of 26 feet on a vacant 7.72 net acre hillside lot. A 20 -foot wide private road would be constructed to access the subject property and one other lot. The site is located within a Hillside Residential zoning district. ----------------------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report for agenda items 5 and 6. He said that there were constraints associated with the development of the sites and that the applications have been processed cautiously be staff (i.e., geologic soils stability, preservation of the existing vegetation and visual impacts to offsite views once roadway and structures are constructed). He said that these applications have been in for some time (under two years). He said that the extended review has been due to the following reasons: • The city's requirement for the issuance of a Certificate of Compliance for each parcel to verify that they are recorded building sites of record. He said that the applicant recently received the Certificate of Compliance; • The area of time - consuming was the receipt of the geologic and geotechnical clearances on the two parcels. He said that these clearances have been conditionally granted with requested clarification on few construction details; • The projects have gone through significant design changes through the city's standard design review process to meet the city's hillside design criteria; and • The difficulty in getting sufficient plan details to be able to bring the projects before the planning commission. PLANNING COMMISSION Mir, JTES OCTOBER 28, 1998 PAGE - 7 - Director Walgren felt that it would be useful to bring this item before the Commission and to allow the commission to visit to the site and have the ability to provide any additional comments that may be appropriate before proceeding to request additional information on these projects. The items that need to be submitted are the following: l) all trees within proximity of the proposed development and roadway improvements are to be identified by size and species, indicating which are to remain or be removed; 2) grading plans and cross sections to be verified for accuracy and to include a complete set of plans that would indicate the full extent of any soils or geologic repairs or improvements that would need to be made to both development sites and to the roadway; 3) break down of house grading versus road and driveway grading; 4) details of how the driveway access to parcel 87 would be reduced and pervious surfaces to meet the zoning ordinance and the Measure G initiative of the 58,000 square foot limitation. Staff recommends that this item be continued to November 10 to receive these documents or to November 24. He said that one or both of these meeting dates could be used as a study session. He said that staff has received additional letters from those attached to the staff report .which site road maintenance, site run off and erosion concerns. Three additional letters have been received and distributed to the Commission this evening from :Don and Pat Lake, 15330 Kittridge Road, expressing their concerns with site run off and erosion protection measures; Barbara Dolbeck, 20780 Kittridge Road, siting her support for the application to extend sanitary sewer up to the property and thereby making it available to other residents along Kittridge Road; a joint letter from David Ritter and Shawn Taheri, Belnap Way, requesting that Kittridge Road be extended from this site over to the other side of Kittridge Road to the east to mitigate fire safety concerns. He said that the fire district has reviewed this project and they have not made this a condition of approval. Mr. Titter and Mr. Talleri further noted that there is a small triangular piece of property within the county's jurisdiction that they feel may be part of parcel 87. The concern is that this piece be included as part of parcel 87 to ensure that it is not split off in the future as a separate building site. He said that this would require annexation of the piece to the city but that it could be done as a condition of project approval. Chairman Pierce opened the public hearing at 8:18 p.m. Rick Hartman, project architect, presented the Commission with a history and background on the parcels. He informed the Commission that the property owner determined that four homes need to be built in order to afford the installation of a sewer line up the mountain. He informed the Commission that two lots are located in the county but within Saratoga's sphere of influence and that the Commission is reviewing two city lots. He said that it took approximately a year to go through the annexation process for the two county parcels due to the geology involved. He said that the City of Saratoga decided that they did not want to annex the two parcels. Therefore, he had to start the application from scratch in the county. It is hoped to have a hearing with the county in December. He said that four homes are proposed to share in the expense of the sewer line. If the four homes are not included, he could not continue with the project. He said that getting the sewer line up the hill was the crux of the process. He said that the next issue was that of geology and that he has spent several months with Cotton Associates to review the geology of the properties to investigate whether there are major slides under the home and whether the concerns can be mitigated. He said that this took a lot of time but that the issues have been resolved. He said that he would agree to submit the information requested once advised what items need to be submitted. He said that a neighborhood meeting was held over a year and a half ago and that plans and a model were presented to the neighbors. There was discussion regarding establishing a homeowners association to maintain the road, noting that a homeowners association does not exist to maintain the road. He felt that the four homes will come with a lot of construction, stability, grading and drainage to correct the problems on the site. He will need to go back to see what erosion problems occurred since last year. Mr. Hartman said that when this application was originally submitted, the staff planner assigned to it worked with him for about three to four months before leaving the city. Director Walgren took over the applications. He recommended that the project be reassigned to another planner as Director Walgren is a busy individual. He said PLANNING COMMISSION Mery IJTES OCTOBER 28, 1998 PAGE - 8 - that he was just informed as to the items that need to be submitted when he received the staff report. He said that he was happy to submit these items. Commissioner Bernald asked how the planning director's busy schedule was keeping Mr. Hartman from designing and submitting the items necessary to the hillside slopes. She said that Mr. Hartman has not responded to issues other than the five -foot retaining wall, noting that the Commission will be needing much more information than what was being presented. Chairman Pierce said that the entire commission visited the site and looked at all trees, the area and terrain. He said that the commission became familiar with the parcels and that the Commission will provide comments and give direction following the receipt of public testimony. Director Walgren said that he has been involved with the project since it was first submitted as the supervising planner. When he took over the project, he provided the applicant in writing with the specific details that were being requested. He took exception with the comment that staff has strung out this process and not made it clear to the applicant what items need to be submitted. Bob Samsel 15300 Kittridge Road, informed the Commission that his property is adjacent to and directly below parcel 87. He expressed concern with debris falling down the gully onto his property and the potential new problems that may arise with the grading of the large flat area on the new parcel. Since moving to his site in 1992, he has had major problems with the loose road fill that is filling the gully. He said that the first slide that he encountered completely blocked his driveway and that he had to hire a hauler to remove 50 yards of dirt. After many more slides, he hired another hauler to move 200 -300 yards of dirt. He said that the previous owner of parcel 87 was made aware of this problem but that nothing ever happened. These concerns were brought to the attention of the new owner at the neighborhood meeting. He said that in reviewing the plans, nothing was seen that addressed the gully. Regarding the current replacement road that crosses the gully, lie said that an old wood retaining wall is located to the side of the gully that is ready to collapse that will result in additional cubic yards of dirt that will eventually end up in his driveway. He expressed concern that the runoff does not concentrate and go over the edge and become a danger to the hill directly above his home. He requested that run off be sent to the gully west of his property. He stated that he would no longer foot the bill to clean up debris. He requested that the city ensure that these items are repaired as part of the approval. Tom Gross, 20877 Kittridge Road, said that he is the adjacent neighbor to the lower lot. He said that in 1996, he met with the property owner expressing concern with the small private road that is shared by 20 individuals. A neighborhood meeting was held in September 1996 attended by 18 families. The neighbors were informed by the property owner that the road would be as good if not better than when the project started. He said that lie found the owner to be an honest man and that he trusts that lie will do what he states he will do. He again stated his concern for the fragile road that provides access to 20 individuals. When it rains, contributions need to be made by the neighbors to clean the debris. He requested that the City of Saratoga make sure that the road is taken care of. I.M. Ferrar, 20860 Kittridge Road, stated his support of this type of development. However, he expressed concern with the health and welfare of Kittridge Road. He noted that the City of Saratoga considers Kittridge Road a private road which means that the upkeep, maintenance and repair of the roadway are the responsibility and expense of its residents. Should the city issue a permit to build a road that requires the use of the roadway with heavy equipment that the property owner takes full responsibility for restoring the road upon completion of construction or that conditions are attached to the permit that would require the builder to do so. Alan Grebene, 15479 Belnap, an area resident for 25 years, informed the Commission that his property backs up PLANNING COMMISSION Mliv UTES OCTOBER 28, 1998 PAGE - 9 - to parcel 87. He concurred with the comments contained in Mr. Ritter's letter. He said that the main concern to him is the visual impact of a very large 7,200 square foot home. Mr. Hartman, clarified that the County Fire Department is concerned with the road. He said that the road width varies from 12 to 14 feet in some areas. There are plans at the county to improve the road and to widen it in some areas to ensure that the fire department can access the area. Also, it has been requested that a fire access through the two county properties be provided and connect to Belnap. He said that a full set of improvement plans have been submitted to the county. COMMISSIONERS BERNALD /KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M. Commissioner Kaplan stated that the Commission has reviewed many difficult applications and that this application falls among them. She said that the Commission knows that staff spends many hours working with applicants and that they go the extra mile to bring the commission good workable projects. She felt that the Planning Commission works diligently with the applicants and goes the extra mile, often holding study sessions before its regular sessions to meet with the applicant and the neighbors. She acknowledged that this is a time - consuming process but that she has never seen an application that has taken two years. Yet, the Commission does not have a project that it can vote on with any knowledge of what is to occur to the area. She said that she was disheartened to hear that county staff is going to permit an I8 -foot road to be cut in the middle of the property. She said that the mission that the Commission has been charged with is to preserve the ambiance that people find makes Saratoga what it is. The semi rural atmosphere is one that the Commission is charged to make sure is maintained. Commissioner Kaplan recommended that the Commission first deal with access to the site as there is no entrance to the property that is suitable. She said that the road will need to be extended the entire length of the property. She did not know where a road would be installed to get a fire truck up the hill. The hill would need to be cut on one side with the construction of massive retaining structures. She said that plans have not been submitted to provide the commission with the necessary information. She felt that the gully addressed by the neighbors was a devastation, noting that plans were not submitted to inform the Commission as to what is to be done with the gully. She said that she has a bias about building homes in landslide areas. She asked what is to be done with water runoff (drainage needs to be addressed). She said that the undergrowth now hides the trail and the building pads. If cut away, it will open up views not only across the valley but to the neighbors in the surrounding area. She asked the length and height of the retaining wall to be constructed to hold up the road and also the retaining walls that would hold the hill from the homes? She noted that the building site for the first parcel is on a plateau. She said that the outline of the home is located to the edge. She said that one cannot build out to the edge of a cliff as a structure would need to be placed underneath it to hold up the home. She did not know where the driveway access to the home will be sited. She said that fire chief has indicated that he cannot access the lot, much less turn around and get out. She felt that the proposed home on the parcel at the top of the hill would be too large and too visible. She said that the application needs to be redesigned with greater details provided. She does not know if an EIR will be necessary at some point. She said that sometimes conducting study sessions and hearings are futile. She felt that it would be better to deny the application as there is not enough information to vote on and felt that the homes were inappropriate. She said that she has worked with staff for over six years and knows that staff works very hard and goes the extra mile. She said that staff does not only review home designs, but reviews the general plan and perform other assignments. She did not believe that staff is responsible for the delay. Commissioner Bernald concurred with all of Commissioner Kaplan's comments and concerns. She said that she has only heard excuses and that facts were not presented this evening. She felt that over the two -year period, staff has identified the issues with the applicants. To come in this evening and degrade staff was not acceptable. She PLANNING COMMISSION M1iv UTES OCTOBER 28, 1998 PAGE - 10 - noted that grading plans have not been submitted. She expressed concern with the use of retaining walls and that she did not see the retaining walls identified in this area. She expressed concern with soils' stability and the destruction of the vegetation by landslides. If was her belief that there would be improvements with the sewer but in no way would that or the improvement of the road counter act what would happen to the property. She felt that the site was over developed. The fact that a 7,000 square foot home is proposed and to be built to the edge is abominable. She noted that the trees have not been properly identified and noted that there is a tremendous amount of vegetation and history of run off and soil instability associated with the site. As she has seen a total lack of attention to plan details and the lack of necessary attention to the conditions of the site, she could not support moving forward with the applications. Commissioner Patrick concurred with the comments expressed by Commissioners Kaplan and Bernald. She felt that the homes were too big and visible. She felt that it appears that homes were designed and then placed on significant special sites. At the site visit, she was surprised that an architect was not able to design what is necessary for sites like this. She said that she would not approve the homes on these sites. Furthermore, she would not approve homes without plans for the stability and safety of the sites. Commissioner Martlage concurred with the comments expressed. She did not believe that the homes are the least bit site sensitive. To say that if you cannot get sewer, the whole project goes done the hill is stating the obvious. The goal in a good design is to become part of the vegetation and not destroy the vegetation. In reviewing the plans, she felt that it appears that the vegetation is highly at risk. Commissioner Page stated that his concerns have been expressed. He said that at last night's Council meeting, the Council heard that the problems that were fixed by geologist ten years ago have now fallen apart and that FEMA has been called in to fix the problems. Therefore, everyone is paying for these problems. He agreed that the design was not site sensitive and that it does not fit in. Even though the project meets setback requirements, sometimes one needs to look where one is building a home and take it into consideration. Therefore, he would not support the proposals. Chairman Pierce said that the neighbors, both in letters and public testimony, have expressed concern regarding water runoff, water erosion and landslides. He felt that it was conceivable that positive things could be done to limit some of the problems. He felt that a sewer line would benefit all of the neighbors. However, lie did not know how the work will be done as it appears to be an incredibly difficult project. He said that the road is an issue as a number of trees will need to be removed. Also, of concern is the road width and the use of retaining walls. He felt that both homes were over designed. He said that lie would support giving the applicant the Opportunity to return with some very carefully engineered drawings with calculations on the number of trips that would be required, how much soil is to be removed, how many retaining walls will need to be constructed and how many trees are to be removed. Commissioner Bernald stated that the applicant has had two years to proceed with this project, and that they have yet to put this project together. She recommended that the Commission show the applicant how strongly the Commission feels this evening as this may be the only action that will make an impression on the applicant. She felt that the applicant needs to start over from scratch. Chairman Pierce clarified that he was not recommending a continuance for the benefit of the applicant as he was for the neighbors. He said that this could potentially be a benefit for the entire area. For this reason, he would be Willing to continue the application. Commissioner Patrick said that there is not enough information to review. She recommended that the applicant PLANNING COMMISSION Mir. JTES OCTOBER 28, 1998 PAGE - 11 - start over as there are issues of how many truck loads of dirt are going to go through town. She felt that there was a significant problem and felt that the applicant needs to understand that they need to restart the process. Commissioner Kaplan said that these applications have been in the city for a long time. She recommended that the Commission direct the applicant to resubmit an application with filing fees paid again for a brand new project. Commissioner Patrick asked staff if there were different code requirements from an application filed two years ago and a current application? Director Walgren responded that there have not been any substantive zoning ordinance amendments that would affect a project in this zoning district. He stated that the types of modifications that the Planning Commission is suggesting are much broader than were suggested in the staff report. If the Commission feels that the homes are over developed, new home designs would need to be submitted. This would result in several months of delay. Given the fact that the applications have been submitted for two years already, the city needs to be concerned with the Permit Streamlining Act requirements. He said that it would be in the city's best interest to have the applicant start the applications anew rather than keeping the application open for several months. COMMISSIONERS KAPLAN /B:ERNALD MOVED TO DENY RESOLUTION NOS. DR -97 -001, BAS -98 -015 & V -98 -013 AND DR -96 -070 & BAS -98 -014. THE MOTION CARRIED 5 -1 WITH CHAIRMAN PIERCE VOTING NO AND COMMISSIONER MURAKAMI ABSENT. UP -98 -009 & V -98 -015 (386 -46 -008) - PECK, 12250 Paseo Cerro; Request for Use Permit approval to construct a 528 square foot garage, with a maximum height of 12 feet located within the rear yard setback, 6 feet from the rear property line. A Variance is also requested to allow a 6 -foot setback from the side property line. The site is 10,920 square feet and is located in the R -I- 10,000 zoning district. Planner Ratcliffe presented the staff report and stated that staff can make the findings to recommend Commission approval of the use permit and variance applications. Commissioner Kaplan asked where the new tree is to be planted. Planner Ratcliffe said that the location of the new tree was not specified but that it is to be planted somewhere on the property. She informed the Commission that the applicant does not feel that there was enough room to plant the tree on the property. Commissioner Kaplan said that the applicant indicated to the Commission that the garage is to be shifted directly behind the house and not quite as far into the side yard. She asked if the tree could be planted in the back corner of the lot. Planner Ratcliffe said that she would need to consult the arborist regarding the size of the tree and to determine if there was sufficient room for the tree at this location. Commissioner Patrick asked if the applicant has spent $9,500 and whether this amount includes the installation of an oak tree? Planner Ratcliffe responding that the total landscaping and irrigation requested was at a cost of $9,500. She said that the applicant has installed, plants, irrigation and labor at a cost of $8,978 to date. This does not include the cost for the installation of an oak tree as the applicant does not feel that the oak tree was necessary. Commissioner Patrick asked if it is a common practice to cut down a tree and then allow a property owner to re- landscape the yard in lieu of replacing a tree? Director Walgren said that the primary objective when a tree is removed with or without a permit is to provide PLANNING COMMISSION Mi�., UTES OCTOBER 28, 1998 PAGE - 12 - replacement landscaping of native trees back onto the site. In this case, the applicant requested relief from the requirement that $9,500 worth of native trees be planted on his property as concern was expressed that the property could not sustain that number of trees. Regarding the rear yard area, lie agreed that there is no room for a large tree within the rear yard of this property. The issue is whether the landscaping provided is adequate. He said that he spoke to the property owner and that staff agreed to consider a compromise landscape replacement. The question this evening before the Commission is whether what has been achieved to date is sufficient or is there still a need to provide some native landscape replacement on site to be included in the front yard. He stated that ornamental trees, lawns, and groundcovers were installed and that no native landscaping materials were installed. Commissioner Martlage asked if it is known who started the removal of the tree and asked how the city deals with this problem? She asked if a licensed arborist or tree cutter were utilized. If so, were these individuals fined as well as the applicant or does the applicant assume full responsibility? Director Walgren stated that lie did not recall who was hired to remove the tree. He said that the property owner assumed full responsibility. Commissioner Martlage asked if there is room on the property for a large tree, noting that the tree was located in the area where the garage is proposed. Director Walgren said that there is no room for a tree with the construction of a garage. Commissioner Bernald asked if it was usual to accept self - employed mark up of plants and materials at 50 %? She said at the site visit, the applicant and the commission discussed the possibility of donating a tree to a park or some other location. She asked if this was a possibility? Director Walgren said that an individual does not have to be a licensed arborist but that they are supposed to receive a business license and have it on file in order to remove a tree. He said that it is not typical to receive a self - employed mark up of plants and materials. He said that staff and the applicant came up with a reasonable and cooperative solution. He said that it would be possible to donate a tree as a program has been established where individuals can donate a tree to the city's parks department. Through coordination, the tree could be planted in an area that is currently being maintained and irrigated. Chairman Pierce opened the public hearing at 9:28 p.m. Stephen Peck, property owner, acknowledged that a mistake was made in the removal of the tree without benefit of a permit. He said that donation of a tree to the city would be the appropriate thing to do as the property does not contain sufficient space to accommodate a large tree. Commissioner Bernald asked who cut the tree? Mr. Peck said that a friend of his helped cut down the tree. Commissioner Bernald said that at the site visit it was noted that Mr. Peck was shifting the garage more to the right, closer to the pool than what is indicated on the plans. Mr. Peck responded that he did not propose shifting the garage any further than indicated on the plans. Commissioner Kaplan asked why the substitute planting was not native as called for. Mr. Peck said that what was installed is spelled out in the planting list submitted to staff. Commissioner Patrick inquired as to the cost of a 48 -inch box tree? Mr. Peck said that a 48 -inch box tree would cost approximately $1,300. PLANNING COMMISSION Mi,, UTES OCTOBER 28, 1998 PAGE - 13 - Director Walgren said that staff reviewed the landscape plan receipt but that staff could not verify the costs to any degree of accuracy. He reiterated that the issue is whether the landscaping was a reasonable replacement value for a healthy oak tree valued at $9,500. He said that the requirement for a 48 -inch box replacement tree would double the value of what has been installed. He said that the applicant has been assessed a fee for the removal of the tree. Commissioner Martlage asked if it would be reasonable for the city to supervise this project closely to make sure that everything goes according to plan? Mr. Peck said that he would agree to work closely with staff for the construction of the garage. COMMISSIONERS BERNALD /PAGE MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M. Commissioner Patrick said that she was offended by the action to remove a tree without benefit of city review and approval. She did not like the fact that a tree was hacked and then allowed to be removed because it had been killed, later to be stated that a garage can be built as the tree no longer exists. She said that she would prefer to plant a tree in the rear of the property and eliminate the garage. Commissioner Martlage understood the desire for a garage. However, she was troubled by the removal of the tree. Commissioner Page felt that it was deplorable that a tree was removed with the ultimate goal of building a garage. He also understood that there could be an ignorance of law. He noted that a fine has been paid and that three of the neighbors have the same garage design. He felt that the offer to plant a tree in an area where it will be maintained is an admirable solution. He felt that more damage than good would be done if required to plant a tree in the back nor front yard as there is not much room. In light of what has been done and the fact that two wrongs do not make a right, he could support this application. Commissioner Bernald said that the improvements made to the property have enhanced the neighborhood. She felt that the landscaping installed by Mr. Peck is lovely. She said that with the garage, vehicles being parked in front of the home would now be parked in the back of the home. This being said, she could approve the garage. She recommended that the Commission require the planting of one, if not two, replacement trees in the city. Commissioner Kaplan said that the whole purpose of Saratoga's tree ordinance is to maintain the canopy in the various neighborhoods. She noticed that the home next to Mr. Peck has two large, almost dead pine trees which will eventually be removed. Therefore, this area will be treeless and that this is not the character that Saratoga wants. She asked staff if there is a different native tree that can be planted on the corner behind the garage if the garage is moved a foot or two forward to accommodate the tree? She felt that something should be planted to replace the removed tree. Director Walgren did not feel that there was a feasible location behind the garage to accommodate a native tree. He felt that there may be room next to the garage between the garage and the pool for a different type of tree that does not grow as large as a coast live oak. Shifting the garage closer to the home would not provide enough room to plant a significant tree. He noted that the value of a 48 -inch box native tree is approximately $5,000. He felt that this number may be high in terms of what you can buy. This is a good number to keep in mind in terms of the overall replacement value of the landscaping. He said that the city could plant a tree into an area that is currently maintained, at a cost to the city. Commissioner Patrick said that given the information provided to the Commission by the applicant, lie has spent PLANNING COMMISSION Mi— JTES OCTOBER 28, 1998 PAGE - 14 - approximately $3,700 in landscaping to enhance his home, including concrete. She felt that the applicant is $5,800 short of what lie was requested to spend to replace the tree. She said that she would support four, 36 -inch boxed trees being planted somewhere in the community. She said that she would want to see a tree planted on this property. Commissioner Bernald noted that a large oak tree exists on the property with a pine tree in the front of the property. Chairman Pierce felt that the Commission was intruding on what has already been worked out with staff and the applicant. He did not believe that it was appropriate for the Commission to attach additional conditions. He noted that the applicant has offered to donate a 48 -inch box tree to the city in lieu of the remaining money that he owes as part of the arrangement. He felt that it was appropriate for the Commission to accept or reject this offer. He said that he did not see any malice on the part of the applicant, noting that he is a new resident to the city. He agrees that mistakes are made and that a reasonable price has been paid for the mistake. He said that he would like to see a 48 -inch box oak tree or a couple of appropriately priced oak trees planted somewhere else, allowing the property owner to plant additional fruit trees in his backyard that would be smaller. Commissioner Kaplan said that it is part of the Commission's obligation to review applications. She said that Director Walgren does a fine job in representing the city's interests. She said that the Commission was asked to look at the whole project and that it became apparent that the property owner did not spend the sums that were required and that the Commission was trying to find a way to get back the value of the oak tree that was lost. She said that she would support planting an appropriate tree somewhere in the city for the benefit of the community with the planting of additional fruit trees on Mr. Peck's property. COMMISSIONERS PAGE /BERNALD MADE A MOTION TO APPROVE RESOLUTION NO. UP -98 -009 AND V -98 -015 WITH A CONDITION THAT ONE OR MORE TREES ARE TO BE PLANTED IN A PUBLIC PLACE BASED ON STAFF'S RECOMMENDATION. THE MOTION CARRIED 5 -1 WITH COMMISSIONER KAPLAN VOTING NO AND COMMISSIONER MURAKAMI ABSENT. DIRECTOR ITEMS No Director's items were noted. COMMISSION ITEMS Minor Modification of approved Tentative Subdivision map: BOISSERANC - FRANKLIN AVENUE Director Walgren informed the Commission that this item will require a modification to the tentative subdivision map previously approved by the Commission. The requested modification is to reconfigure or reassess how the required setbacks are to be applied to lots 2 and 3. He said that the applicant found that home and the garage would not fit in the envelop of lot 3. Staff is still requiring a 30 -foot easement be recorded along Saratoga - Sunnyvale to maintain the greater degree of setback. With this agreement, staff would be supportive of the modification. THE COMMISSION CONCURRED WITH STAFF'S RECOMMENDATION AND TOOK NO ACTION ON THIS ITEM. PLANNING COMMISSION Mir. JTES OCTOBER 28, 1998 PAGE - 15 - Commissioner Page informed the Commission that it was his understanding that the lighting in the auditorium is to be redone starting the day after the Thanksgiving weekend. It will take four to five weeks to complete this work. He requested that staff update the Commission on this work. Commissioner Bernald inquired about the newspaper stands in fi•ont of the Cali building and on the curb on Big Basin Way. She requested that staff report to the Commission regarding moving the stands in front of the Cali building and eliminating the stands that are located at the corner of Big Basin Way. Commissioner Bernald indicated that she attended a Parks and Recreation town hall meeting last night regarding the Marshall Lane field. She said that there was a great deal of support for the development of the field for the Quito Little League for a farm and teeball. She said that there are a number of individuals who live on Marshall Lane, Ravenwood and Marilyn Lane who are already impacted by traffic in the area. One of the issues raised last night was the traffic impact associated with four week nights of practice and games being played all day on Saturdays. She asked if the city has the ability /funding to perform a traffic calming study to address an already existing problem with safety and the high traffic volume on Marilyn, Ravenwood and Marshall Lane? As the adjacent school has become a magnet school that is held in high regard, it is bringing in a lot of traffic, much of the traffic coming from outside Saratoga. She requested that staff report to the Commission regarding this issue. Director Walgren said that staff receives a number of these requests and that these requests are referred to the Public Safety Committee. He said that it is hoped that future consideration not be given until traffic calming requests in Saratoga are considered by the Public Safety Commission, Planning Commission and the City Council in the review of the Circulation Element next spring. Commissioner Bernald expressed concern that this may be a case of putting the cart before the horse if the field is allowed to be used for Quito Little League in the spring and that there is no one jurisdiction that is overseeing this issue. She recommended that all views by the Public Safety Committee, Parks and Recreation, Planning Commission and City Council be unified /coordinated and that traffic impacts to neighborhoods be studied, especially in this confined area with limited access and parking spaces. Commissioner Kaplan reported on the following: At the last Planning Commission meeting, she agreed to serve on an oral board to interview candidates for the city clerk position. She felt that it was a very interesting and productive process. She said that the candidates ranked by the oral board will be interviewed by the City Manger. She attended a joint meeting of commissioners at a City Council meeting. She said that the room utilized for the meeting was less stressful and far more congenial to interacting with individuals, noting that the lighting was much better. She recommended that the room be utilized if at all possible. At said meeting, she used an outline prepared by Director Walgren and addressed the following: circulation element, executive summary for the General plan, adult business ordinance, downtown development round table, identification of major developments (i.e., Sisters of Notre Dame, Sobrato development, etc.). Director Walgren said that the downtown development round table was a project that was suggested by council members some time ago as a result of a discussion that grew out of the vibrancy and success of the Village at a Council retreat. it is proposed to conduct meetings with surrounding residents and merchants, and potential developers /known developers to consider what is it about Saratoga's plan for the Village or ordinance that may discourage more vibrant retail and diverse development versus the construction of townhomes at the Village. It PLANNING COMMISSION Mi,,JTES OCTOBER 28, 1998 PAGE - 16 - was suggested that it may be useful to get a broad group of individuals that may have an interest in the Village Plan. Commissioner Kaplan said that there was discussion last night with the Heritage Planning Commission and the fact that neither they nor this commission has any authority because the Downtown Village plan has not been codified. She said that beyond design review, the city does not have a historic district in the Village. Director Walgren said that staff will mail out the outline referenced by Commissioner Kaplan to the Planning Commission this week. COMMUNICATIONS Written City Council Minutes dated October 7, 1998 Notices for Planning Commission Meeting of November 10, 1998 ADJOURNMENT TO NEXT MEETING There being no further business, Chairman Pierce adjourned the meeting at 10:05 p.m. to Tuesday, November 10, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES WEDNESDAY, OCTOBER 14, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chairman Pierce called the meeting to order at 7:30 p.m. Roll Call: Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Page, Patrick and Chairman Pierce Absent: None Staff: Director Walgren Pledge of Allegiance Minutes - September 23, 1998 On a motion by Commissioners Bernald /Kaplan the Commission approved the September 23, 1998 minutes, amending page 11, line 5 to read: "...one large area, and that access to the heme subdivision be where the little home exists. She said that she does not support the application and expressed concern with the long shared driveway. It was her belief that a land use attorney could determine an alternative that would allow the existiniz small home to use a portion of the larizer lot without Qrantin2 a shared access easement ... " The motion carried 5 -0 -2 with Commissioners Martlage and Patrick abstaining. ral Communication No comments were offered. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 9, 1998. Technical Corrections to Packet Director Walgren informed the Commission that there were two corrections to the packet as follows: Item #7 - Approval resolution, page 5, third to the last paragraph should reference the main structure, not the guest house. Item #6 - Replacement resolution which contains a number of amendments to the resolution that are not substantive in changes but reflects the most recent meetings with the applicant and the Saratoga Fire District Chief to restructure some of the fire protection PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 2 - conditions. The resolution was further amended to include the standard condition that limits the number of wood burning fireplaces for all new home construction in Saratoga to reflect the recently adopted ordinance. CONSENT CALENDAR 1. UP -98 -010 (379 -25 -041) AHMADIAN, 14031 Saratoga Avenue: Request for Use Permit approval to construct a 400 sq. ft. detached garage at 15 ft. in height in the rear yard setback as close as 2 ft. from the rear and side property lines. The plans also include a 339 sq. ft. addition to the second floor and a 112 sq. ft. addition to the first floor of the existing 1,446 sq. ft. residence. The site is 7,500 sq. ft. and is located in an R -1- 20,000 zoning district. (CONTINUED TO 10/28/98 AT THE RECOMMENDATION OF STAFF TO RE- ADVERTISE PROJECT) 2. DR -98 -036 (510 -03 -001) - BEAN, 15310 Pepper Lane; Request for design review approval to demolish an existing single -story residence and accessory structure and construct a 6,240 sq. ft. single -story residence with a maximum height of 23 ft. 8. in. on a 55,070 sq. ft. lot. An existing 88 sq. ft. basement is to remain. The site is located within an R -1- 40,000 zoning district. (CONTINUED TO 10/28/98 AT THE REQUEST OF THE APPLICANT) 3. UP -98 -012 (512 -18 -042) - SO, 20650 Montalvo Heights Drive; Request for Use Permit approval to allow a 12 ft. tall "recreation room" structure to be located within a required rear yard setback. The property is 1.14 acres and is located within an R -1- 40,000 zoning district. ------------------------------------------------------------------------------------------------------------- COMMISSIONERS PATRICK/BERNALD MOVED TO APPROVE CONSENT CALENDAR ITEMS 1 -3. THE MOTION CARRIED UNANIMOUSLY (7 -0). PUBLIC HEARINGS 4. UP -98 -011 (503 -24 -009) - KAMKAR/CANCELLERI, 14445 Big Basin Way: Request for Use Permit approval to open a gourmet grocery market with sales of import and specialty beer and wines (no onsite consumption is proposed). The building is 2,700 sq. ft. and is located in the Commercial Historic 1 zoning district. ------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. He distributed the color scheme for the proposed awning. He indicated that an awning is proposed to go across the entire frontage of the building. Chairman Pierce opened the public hearing at 7:43 p.m. Kate Kamkar, applicant, stated that the use of neon signage would not fit the image that is to be created with the business as it is to be an upper scale, Saratoga market. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 3 - Commissioner Bernald asked if Mr. and Mrs. Kamkar are the couple that remodeled Rapunzel's hair salon? If so, the Commission can envision the quality that is to be put into this market. Mrs. Kamkar informed the Commission that she and her husband remodeled Rapunzel's and that the same crew plans to work on the market. In response to Commissioner Martlage's question, Mr. Karnkar responded that take out food is not being proposed at this time. Commissioner Kaplan expressed concern with the color of the awning and stated that she did not believe that it was compatible with the Village. She recommended the elimination of the stripe and that an alternative be used (i.e., solid awning with the use of color contained in the signage and the logo). Mrs. Kamkar said that in looking at the other buildings in the vicinity, the awning is soft and subtle. She said that it would be difficult to comprehend the entire theme of the colors under the lights on a spec drawing. She said that she would consider changing the awning if that is a problem. Mr. Kainkar felt that the colors would compliment the decor of the building. Commissioners Murakami /Bernald moved to close the public hearing at 8:45 p.m. Commissioners Kaplan/Murakami moved to reopen the public hearing at 8:46 p.m. No further comments being offered, Commissioners Patrick/Bernald moved to close the public hearing at 8:47 p.m. Commissioner Page stated that he liked the awning and the use of the stripes. He felt that the market without the complexity of a service -type of deli would be a nice addition. Therefore, he could support the request. Commissioner Martlage said that she did not object to the awning and that she would support a take out deli at some point in the future. Commissioner Patrick stated that she did not like the striped awning until she saw the color scheme presented this evening. She stated that she no longer opposed it. Commissioner Bernald said that she liked the striped awning and that she was excited about the idea of a market. She said that should a restaurant /deli be proposed in the future that it return to the Commission for use permit review and approval. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE -4- Commissioner Murakami said that he has no objections to the awning. Had bright colors been used which could be spotted, he would recommend that the colors be toned down. He said that the colors, as proposed, were acceptable. Therefore, he would support the request. Commissioner Kaplan asked if a restaurant is defined in the code as an eating in place? She said that she did not consider a deli to be a restaurant. Director Walgren said that should the use be expanded to include a restaurant or deli -type activity, it would require a modification to the use permit. He said that food prepared on the premise and taken off the premise would not necessarily be defined as a restaurant. Therefore, a deli could be within the scope of the use permit before the Commission. He said that staff could determine if take out foods would not require an amendment to the existing use permit or the Commission can specify that if any food preparation activity for consumption on site or off site are proposed, the use permit is to return to the Commission. Commissioner Kaplan did not believe that it was necessary for the deli to return to the Commission for an amendment to the use permit. She said that setting up a restaurant and putting out tables to serve food on the premise is one issue but that preparing food for individuals to take out or sandwiches to carry away are perfectly acceptable as a market function as other markets are providing this service in other areas. Director Walgren stated that if the Commission concurs with Commissioner Kaplan's comments, there would be no need to alter the use permit as drafted. Chairman Pierce found the proposed market to be acceptable as well as the awning with the use of the muted colors. ON A MOTION BY COMMISSIONERS PATRICK/MARTLAGE, THE COMMISSION UNANIMOUSLY (7 -0) APPROVED RESOLUTION NO. UP -98 -011 PER STAFF'S RECOMMENDATION. 5. F -98 -002 (503 -15 -059 & 503 -15 -064) - HOUSE - 13320 & 13340 Old Oak Way (Lots 10 & 11): Request for approval to construct a fence to enclose more than 4,000 sq. ft. of site area. Total sq. ft. of both lots is 10 acres. The site is located within a Hillside Residential zoning district. ------------------------------------------------------------------------------------------------------- - - - - -- Director Walgren presented the staff report. Chairman Pierce opened the public hearing at 7:53 p.m. Ron Wigenton, landscape architect, requested that Section 1, Condition 1 be amended to read: PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 5 - "Applicant shall verify that the fence on lot 44 10 is located 30 feet from the Old Oak Way right - of way." Director Walgren recommended that Section 1, Condition 1 be amended to read: "Applicant shall verify that the fence is located 30 feet from the road right of way on lots 10 and 11." Commissioners Patrick/Bernald moved to close the public hearing at 7:55 p.m. Commissioner Kaplan thanked the contractor for giving the Commission the opportunity to view the home as it was found to be exquisite. She stated that she did not like the fence. She felt that when individuals buy hillside property, one has to take what comes with the hillside. She said that a fence around the house for security reasons is one thing and that constructing a six foot fence to keep deer out is another. If enough fencing is built to keep deer off to this property, it will only force the deer onto somebody else's property. She said that deer may be a pain, but they exist and come with the territory. Therefore, she could not support the enclosure of four acres of land with a fence as it would be contrary to what has been approved in the past. Commissioner Murakami said that he would support staff s recommendation and approve the request based on safety. He said that the visibility factor is one that he considered and that he did not have any objections to the request. Commissioner Bernald said that in trying to remember the review of other applications before the Commission, the Commission has never had the substantial coverage from topography and landscaping that it has in this situation. Even though it bothers her that there is a request to fence in more than 4,000 square feet in area, she could support the request in this particular application. Commissioner Page said that he could support the request and felt that a lot of good work has gone into the design of the home to ensure that it fits the topography, that it is screened by trees and that the fence will not be obvious. Commissioner Martlage concurred that the sensitivity of the design of the house is apparent and expected that it would continue with the fencing. Therefore, she could support the request. Commissioner Patrick said that she could not support the request because 4,000 square feet doubled on two lots gives you an 8,000 square foot fenced area. She was not thrilled about fencing the area as it forces deer onto other individual's property. She felt that a sensitive and very exquisite job has been performed on the design of the home. She felt that an alternative solution can be found to solve the applicant's problem. As too much fencing is being requested, she said that she could not support the request. Chairman Pierce agreed that an expanse in fencing is being requested but that the request is for a purpose. He felt that it would be successful in keeping deer out of the vineyard. He felt that the PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE -6- fence was designed so that it would not be obtrusive and that the community would see little of the fence. Therefore, he could support the request. Commissioner Patrick said that by approving the request, the Commission would send a message that anyone residing on the hillside who loses vegetation to deer have a justification for a fence. She felt that by approving the request, the Commission would be fencing all the hillsides. ON A MOTION BY COMMISSIONERS BERNALD /PAGE, THE COMMISSION APPROVED RESOLUTION NO. F -98 -002. THE MOTION CARRIED 5 -2 WITH COMMISSIONERS KAPLAN AND PATRICK VOTING NO. 6. DR -98 -022 (397 -11 -047) - TZOU, 15030 Oriole Road; Request for Design Review approval to demolish an existing 1,015 sq. ft. residence and construct a new 4,509 sq. ft. home, 26 feet from natural grade, on a 30,971 sq. ft. lot. The lot is located in an R -1- 40,000 zoning district. ------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. He said that the plans before the Commission address the majority of concerns previously raised. He recommended approval of the design review application subject to minor modifications as suggested in the staff report. He said that tree protection measures were a critical factor in reviewing this project. This was complicated by the city arborist's desire to retain the more significant native oaks on the site and also meet the fire district's efforts to get a reasonable emergency vehicle turn around on site. He said that the emergency vehicle turn around has been the most difficult component of the project. He informed the Commission that Fire Chief Kraule was present this evening to answer any questions that may arise regarding the turn around issue. He said that staff is prepared to make a recommendation of approval of the project subject to the conditions contained in the resolution. He said that the only changes made this evening are related to tree #7, noting that it may not be possible to meet the fire district's requirements and also retain tree #7. Therefore, a condition has been included in the resolution that tree #7 shall be retained if possible. If not, its value would be added to the replacement tree requirement. The resolution has further been modified to clarify that the measures outlined in the staff report are subject to the fire chiefs approval. If there are changes to the plans made this evening that would not have to come back to the Planning Commission in terms of driveway reconfiguration, the fire chief will have the authority to make those approvals. Commissioner Bernald said at the site visit, the Commission talked about having the fire trucks enter the site from the open space area. She requested that staff address this issue. Director Walgren said that access to the site from the open space area was raised early in the project submittal process and that it was discouraged by staff for several reasons. It was again raised at the site visit by the Planning Commission and that this alternative was presented to the fire chief. He said that the fire chief was prepared to speak to the many drawbacks to this access PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE -7- versus accessing the site off of Oriole Road. Further, this alternative may be a mute point as he confirmed with the City Attorney that the city may not legally be able to grant an easement over a private property use across a public dedicated open space easement. It was the city attorney's opinion that even though you might say that a fire district is a quasi public agency, if the proposal was to provide an easement that the fire district was requesting to serve a public area, the city can make the case that this is a public use of the land. The city attorney did not believe that you could justify access across public open space to a single lot as a public use of the land. Commissioner Pierce asked if the house is fire sprinklered? Director Walgren said that condition I Od recommends the installation fire sprinklers throughout the garage and entire residence. Chairman Pierce opened the public hearing at 8:08 p.m. Mr. Tzou, applicant, stated that at the site visit, he presented the Commission with a handout describing his design ideas. He stated his concurrence with elevation Conditions a, b, d and e. Regarding the height of the stair tower (condition c), he said that if you look at the original design submittal, the tower was lower than the main roof. During the process in working with planning staff, several trade offs occurred based on many different factors. One important factor was the input from the arborist. He said that there is an existing driveway in place with guest parking located above the existing driveway. His original plan was to lower a portion of the driveway but that in order to do so would result in grading the driveway. This may result in root damage to the surrounding trees. It was recommended that the garage entrance remain unchanged. If required to move the garage, it would result in the collapse of the roof line and that the garage would obstruct a window. He said that the front elevation was not their original design but that it was a product of a trade off process working with the arborist. Regarding the emergency access, he said that he would accept any decisions or mandates by the city. He said that he has been through the design process for a long time. He requested a resolution so that he can move ahead. He informed the Commission that the 30 neighbors surrounding the home supported this project. Commissioner Patrick asked if Mr. Tzou plans to remove the wiring, electrical outlets, and conduits that are found on the trees. She recommended that the removal of these items be included as a condition of approval. Mr. Tzou informed the Commission that he plans to remove the electrical wiring identified by Commissioner Patrick. Commissioner Bernald referred to drawing A that depicts the gamble roof that Mr. Tzou has agreed to remove. She said that once the gamble roof design was removed, she realized that the eyebrow window located above the living area is not proportional to the size of the lower window(s). She was hoping that once the gamble roof was removed that the eyebrow (arched) window would expand to match the lower set. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE -8- Robert Johnson, 15043 Oriole Road, stated that the applicant has agreed to the changes requested by staff. He requested that the Commission approve the request to allow this application to move forward. He stated his support of the final design. Regarding the road that leads to the home, he said that the road has been the subject of many concerns since the early 80s. He said that the fire chief has been involved and that he is resolved with the fact that the driveway is of a sufficient width. He said that he was surprised to hear tonight that there is a problem. He said that he would like to see the documentation from the fire department relating to the driveway and felt that it was time that something be put in writing to resolve the driveway issue. James Compton, 15040 Oriole Road, read and submitted a letter to the Planning Commission in support of the Mr. and Mrs. Tzou. He stated that he was basically in agreement with staffs recommendations assuming that the exterior colors (painted beige with off -white trim and a gray slate roof) are the best colors that would blend in with the natural surroundings. He said that the home would be closer to him than the present home to be demolished. It will be a higher elevation, closer to his elevation than the existing home and would be considerably more massive. He requested that the new structure be as unobtrusive as possible. He recommended that the driveway area above the concrete parking pad located next to the wood fence that goes along the property line be planted with 4 or 5 specimen sized trees that would grow to a height of no more than 8 to 10 feet. This would help to obscure the view of the new home from his deck and yard and not be so high as to cut off the view of the distant valley. Of major concern to him is the possibility of widening the driveway to have a 12 to 14 feet width with 1 foot shoulder. He said that the existing driveway measures approximately 11 feet. One additional foot widening appears to be all that can be done without major damage to the roots of numerous large oaks toward his side of the driveway. He said that these oaks are beautiful and provide a significant view coming into his driveway. He said that he has not reviewed the colors proposed for the home. Upon review of the color board, Mr. Compton stated that he would rely on the judgement of the planning staff. He requested that the color of the homes blend as much as possible to the natural environment. Mrs. Tzou said that she would not oppose the planting of additional trees at the upper driveway area to address Mr. Compton's concerns. Director Walgren said that upon the initial submittal of the application, the fire district sent staff their standard list of requirements. This information was forwarded to the applicant. The requirements were to widen the driveway to 16 feet and to provide a 33 -foot minimum inside radius turn around at the site. He said that staff has put in a lot of time consulting with the fire chief to come up with the condition contained in the resolution. He said that the conditions contained in the resolution are not new and that they have been included in the project file. He informed the Commission that the turn around does not meet the minimum turn around requirements, understanding that tree #7 may have to be removed to resolve this issue. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE -9- Fire Chief Kraule stated that this is the first application he has had to review in the last 22 years that he has written conditions for. He said that the driveway, as it exits today, does not meet the minimum standards of the fire district of 14 feet plus one foot shoulder. He said that he was willing to minimize the impact to the trees and driveway and still make it safe for fire equipment to drive down the driveway to the residence. He agreed to a 13 -foot driveway with a one foot shoulder. He said that he is working with city planners and the applicant to come up with a logical turn around without having to tear up half the mountain or remove several trees. A reasonable turn around has been reached which would impact tree #7 which would allow a fire truck to make a turn to get out of the driveway. He said that he is faced with an existing problem and that he was trying to make the best out of an existing problem without impacting the entire area by removing tree #7, widening the driveway to a minimum standard and carry on with the proj ect. Commissioner Kaplan said that there were comments regarding access to the site from the rear at Crisp Avenue where she understands there are existing fire hydrants within the distance required to lay fire hoses. Fire Chief Kraule said that he visited the site this afternoon and noted that the distance from the exiting hydrant where the house is located is beyond a 500 -foot distance. Therefore, a fire hydrant would have to be placed on the access road leading to the rear of the residence. Commissioner Kaplan asked if the new home proposed was pushed back closer to where the existing home sits, would the fire department be able to access the home from the Crisp site should it be authorized? She noted that the open space is a short piece of traversing empty land and felt that the fire department could back the fire truck right up to the home because there are no curves, mountains or trees. It would bela straight shot to the back of the house. Fire Chief Kraule said that the fire department has to get a fire truck to the home as close as possible to the building to fight a fire. He said that he understood Commissioner Kaplan's comment. He guesstimated that it was approximately 600 to 700 feet from Crisp Avenue down the private road to the back of the existing home. Thus, there would be no difference in access distance from Oriole Street. Commissioner Kaplan said that this issue troubles her. She recommended that this application be continued to a study session to review alternatives. She felt that the proposed driveway from Oriole Road is a nightmare and that she could understand Fire Chief Kraule's concern with a truck or emergency vehicle in a rain storm or other situation. She said that it made sense to her to access the site from the rear because it is flat, fire hydrants are in place in the vicinity and noted that there are many easements in place. She did not believe that one more easement would make a big difference. This would result in not having the fire trucks back out 600 feet as it is a shorter access to the home. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 10 - In response to Commissioner Patrick's question, Fire Chief Kraule said that a standard is to have a home located as close as possible but within 500 feet from a fire hydrant. Also, trucks have to be within 75 to 100 feet. He said that a fire truck has to be thought of as a carpenter's tool box. Fire personnel have to get their tools out of the tool box. The closer that the fire department can get the tool box to the job site, the better they are able to provide fire safety. Director Walgren reiterated that staff has been told by the City Attorney that it does not have the option of considering the use of the public open space to serve a single parcel. Staff can pursue this issue further and obtain a written opinion from the city attorney. He said that Fire Chief Kraule discussed with him another constraint that has not been discussed this evening. The constraint is the logistic of a fire station receiving a call for a fire on this property and accessing the site through the open space easement. The fire station system would log in an address on Oriole Road and the concern that it may difficult for a future fireman to understand that you access the site from Fruitvale, down Crisp, down the trail, across the open space and through a gate to get to this particular address. Therefore, the fire hydrant issue was not the primary constraint. Commissioner Murakami said that it was his understanding from Fire Chief Kraule that even if an access was approved and easements secured, physically, the fire truck cannot get close enough from the rear access to effectively fight a fire. Fire Chief .Kraule confirmed that the way that the home is designed, the fire truck could not physically get close enough to the home to fight a fire. Mr. Compton said that he did not see how the driveway could be widened to 14 feet with a foot Shoulder without damaging the existing large oak trees. Director Walgren clarified that staff would be willing to accept a minimum 12 -14 foot driveway specifically to go around as many of the trees as possible and not the required 16 -foot width. Staff could further clarify in the resolution that the city arborist is to be on site prior to any driveway construction activity and to consult with the driveway contractor as to how this to take place. Mr. Compton stated that he would like to see the arborist involved before this point to make sure that whatever is decided is not seriously going to damage the roots of the trees. He felt that it would be too late once they started construction of the house. Commissioners Patrick/Murakami moved to close the public hearing at 8:37 p.m. Commissioner Murakami commended the applicant for his cooperation with this application. He felt that the design issues have been solved as far as the applicant's willingness to modify the plans. He said that the issue comes down to the access. He said that he was hoping that the rear PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 11 - access could be worked out as it would have been the perfect solution. Based on Fire Chief Kraule's comments that the fire trucks could not physically get close enough to the home to effectively fight a fire, the only reasonable course of action left is to take the normal access route which is unfortunately lined with beautiful oak trees. When you look at the width of the driveway and see how close the trees are to the current driveway, one can see the difficulty in placing anything in there without damaging some of the trees. It has been stated that tree #7 has to be sacrificed. He said that at far as the house design, he has no objections to approving the house with the recommended changes. As far as the access, he would have to go along with both the fire chief and staffs recommendation, acknowledging that it would be unfortunate should some of the trees be sacrificed. Commissioner Bernald said that she could support the design as modified and agreed to by the applicant. She said that she could even agree to keep the tower as presented. She also expressed concern with access to the home. She wished that she had a better idea of how many trees are to be removed because the Comptons and the applicants have a legitimate concern about how this is going to change their property. She said that she was not comfortable in passing this part of the action this evening but that she would like to be able to move forward somehow. Director Walgren clarified that only tree #7 is required to be removed based on the fire district's requirements. He said that the upper trees along the existing driveway will not be removed but that they may be impacted by construction. The objective of lessening the driveway requirement is to minimize the impact on the trees. It is hoped that the driveway can be plotted before permits are issued for the home and that the fire chief and the city arborist are to be consulted to minimize any damage to the trees along this area. Beyond this, the fire chief has indicated that the fire district needs a 12 -foot minimum clearance to get their fire truck to the home. The only other option is to waive the fire district's requirements for a 12 -foot driveway down to the home, noting that it has been indicated that 12 feet would be adequate to get a truck down to the property. In response to Commissioner Bernald's question, Director Walgren said that there is the ability to widen the roadway at the bottom and that staff would look at this solution. He said that it may be possible to build a low retaining wall on the other side in order to provide the minimum 12 foot driveway that will gradually wind itself in and out of all of the trees on site and not remove any of the trees to satisfy the fire chiefs concern. Commissioner Bernald stated that based on staff s response, she was ready to move forward. She felt that the Commission has an application before it with a lot of support from the neighbors. The Commission has seen a lot of changes (i.e., removal of the shutters, changes to the pop out windows, changes to the gamble roof, widening of the eyebrow window over the living room). With staff and the fire district reviewing and approving an access, she felt that the Commission Should be able to move forward and that she could support the request. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 12 - Commissioner Kaplan said that she was still troubled with the driveway and the impact to the trees. She said that she understood that the arborist spent a great deal of time in trying to protect tree #7 which he states is an excellent specimen tree. She said that the resolution calls for large replacement trees on the property. She said that it may not be the best suggestion to require bigger boxed trees initially but to require the planting of younger, smaller trees that will grow into their environment healthy and with less disruption than a larger tree would suffer. She recommended that an option be included that would allow the planting of smaller trees. She said that the Commission was told by the applicants that they bought the home and then discovered that there had been a great deal of litigation and conflict amongst the neighbors and that one can see the result of this. She said that there are a mishmash of easements crisscrossing the area with a no mans parcel stuck in the middle. She felt that it seemed logical to allow the applicants to buy a piece of a land or to obtain an easement to access the site. She felt that when litigation occurs to land areas with judges or arbitrators making land use decisions without knowledge of the topography results is a horrendous mistake. On the other hand, the applicant needs to understand what they are buying. If you buy a piece of property and you do not know that a problem exists, the property owner has to bear some of the responsibilities and understand the constraints to development before purchasing property. She said that she was not happy with the project and that she was not convinced that she has to vote for the project this evening. Conunissioner Patrick said that she would support either all of the application or none of it. She said that it was exasperating to see that the neighbors are not concerned about fire access to the site. It has been implied that this application has been back and forth before the Planning Commission. She clarified that this is the first time that the Commission has seen this application. Therefore, the Connnission has not sent this application back to staff for further review. She said that this is a difficult site and that anyone that drives buy or visits the site can tell that it is a difficult site. She said that she was unhappy that the city has a site that has public safety constraints and that what is before the Commission is a parcel that has a house with difficult access. She said that the Planning Commission is concerned that a hazardous situation exists and that it would be difficult for fire personnel to deal with a fire. She said that she could support the request with staffs recommendation and all the items discussed this evening (i.e., removal of all the wiring and electrical fixtures on the trees). Commissioner Martlage concurred with the comments expressed regarding the public safety issues. She said that she appreciated all the effort that has been put into the design of the home. However, it was a problematic site. She stated that she sees a collection of styles with the use of so many elements that she did not believe belonged together (i.e., the scale was off, eyebrow windows are consistently smaller than the windows below them, the keystone seems out of character, wrought iron being used above the entryway, and the multi - lighted French door with vertical windows beside it). She said that she has a problem with the entire project. Therefore, she could not support the application at this time. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 13 - Commissioner Page felt that the applicant did a wonderful job in working with the fire marshall and planning staff. With staffs direction, the City could mitigate the fire safety concern. In light of all of the effort that has gone into the review of the application and with the agreement from the fire chief and the planning director, he could support the request. Chairman Pierce said that with the changes that have been accepted by the owners, he could support leaving the tower a little bit higher. He said that the driveway is a difficult issue. As it stands now, the home is in a dangerous condition. He noted that the applicant could add onto the existing home and not have to do anything to the driveway. He felt that the City would be helping everyone if this application is approved as this is a fire danger area. He felt that with close supervision, the driveway can be widened appropriately as needed by the fire district and as described by the fire chief. Given this constraint and the fact that the electrical wires are to be removed from the trees and the site cleaned up, he felt that the application would be an improvement to the area. Therefore, he stated his support of the project. COMMISSIONERS PATRICK/MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR -98 -022. PER THE STAFF REPORT (REDUCING THE HEIGHT OF THE TOWER), WITH THE ADDITION OF THE FOLLOWING CONDITIONS: REMOVAL OF THE ELECTRICAL WIRING FROM THE TREES; PLANTING ADDITIONAL TREES ALONG THE SOUTHERN PROPERTY LINE; AND THE ARBORIST TO OVERSEE THE PLOTTING OF THE DRIVEWAY BEFORE COMMENCING CONSTRUCTION. THE MOTION FAILED 2 -5 AS FOLLOWS: AYES: MURAKAMI, PATRICK; NOES: BERNALD, KAPLAN, MARTLAGE, PAGE, PIERCE. COMMISSIONER PAGE /BERNALD MOVED TO APPROVE RESOLUTION NO. DR -98- 022 PER THE STAFF REPORT, ACCEPTING THE TOWER AS PROPOSED BY THE APPLICANT (DELETING THE REQUIREMENT TO REDUCE THE TOWER ELEMENT FROM THE RESOLUTION) AND THE ADDITION OF THE FOLLOWING CONDITIONS: REMOVAL OF THE WIRING FROM THE TREES; PLANTING ADDITIONAL TREES ALONG THE SOUTHERN PROPERTY LINE; AND THE ARBORIST TO OVERSEE THE PLOTTING OF THE DRIVEWAY BEFORE COMMENCING CONSTRUCTION. THE MOTION CARRIED 4 -3 AS FOLLOWS: AYES: PAGE, PIERCE, BERNALD, MURAKAMI; NOES: MARTLAGE, PATRICK, KAPLAN. 7. DR -98 -016 (386 -54 -041) - LIOUIWU, 20161 Cherry Lane; Request for Design Review approval to remodel and add a second story to an existing 1,956 sq. ft. single -story residence. The proposal is for a 3,117 sq. ft. residence with a maximum building height of 23 ft. on a 10,160 sq. ft. lot. The site is located within an R -1- 10,000 zoning district. Director Walgren presented the staff report. Staff recommended approval with the additional requirement that the applicant consider using wood siding on the exterior of the building to better match and integrate with the existing homes in the neighborhood. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 14 - Commissioner Kaplan said that the proposed right side elevation has a lot of wall with nothing breaking up the expanse in wall. She asked if staff s suggestions correct this concern? Director Walgren said that staffs recommendation would contribute to providing a horizontal line on the building. He noted that the building is a relatively low expanse of wall and that any horizontal emphases that is placed on the building will de- emphasis the verticality of the elevations. Commissioner Murakami said that in looking at the front elevation, there is not a lot of surface area to be covered with siding. Therefore, the siding would help the rear and side elevations not appear as a sheer wall and that the siding would break up the contour. He felt that the use of a plaster -type texture would be a negative if the structure was build as proposed. Director Walgren said that even along the front elevation there are certain elements such as the grand entry statement and the stucco columns /exterior that are distinctly different from the existing homes in the neighborhood. He felt that the design would stand out as new and different from what exists. He felt that the basic design should fit in with the inclusion of wood siding or similar material to integrate better with the existing homes. Commissioner Kaplan asked about the semi circle window /sky light proposed in the front elevation above the garage door. She did not believe that it belongs in this area. Chairman Pierce opened the public hearing at 9:00 p.m. Wayne Liou, applicant, said that during the course of the past six months, he has tried to work with the city and made revisions to the design a few times. He said that he hopes that he has met all regulations and requirements. Commissioner Bernald asked if the Commission's vote depended on the use of wood siding, would Mr. Liou agree to use wood siding? Mr. Liuo said that at this point, he and his wife have not discussed the sidings. He said that he is open to suggestions and that he would not oppose the use of wood siding as proposed by staff. Commissioners Bernald /Patrick moved to close the public hearing at 9:02 p.m. Commissioner Patrick said that she was troubled that the applicant has not considered the siding at this time as this is the time that it needs to be determined. She said that she would not approve the design without the use of wood siding as the design is too gray and stucco in a non -gray, non - stucco neighborhood. She said that she would support the application per staff s recommendation. She said that she was troubled by the half windows as they appear to be PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 15 - randomly placed and does not seem to work with the overall design. Conunissioner Kaplan recommended the elimination of the semi circle window(s) because the area appears busy. Commissioner Martlage said that the design of the home is acceptable. She said that she would like to see the stucco removed or replaced with horizontal siding if the garage doors are to remain horizontal, noting that they are very linear. If the use of horizontal siding is not repeated and wrapped around the home, it would look out of place. She recommended that the windows above the door and over the window that is round mimic the roof line. She recommended that the windows be straightened out so that they are of the same slope as the roof line above each of them to make them look proportional. Commissioner Page concurred with Commissioner Martlage's comments and felt that she excellently described the way the windows should be designed. He did not believe that the stucco columns fit in with this particular neighborhood. He recommended that the back of the home be broken up for better articulation. He said that he could support the application per the conditions as laid out. Commissioner Bernald stated that she could support the application with the changes suggested by her fellow Commissioners. Commissioner Murakami felt that the Commission should be focusing on the structure of the home and its design and that the Commission should not be nitpicking such things as the windows. He said that he could see a mismatch of the elliptical circular window located at the top and that it does not exactly match the lower more squarish looking window above the doorway. He said that this was a matter of personal taste. If the applicant wants to use these windows, lie has not objecting to it. He felt that the drawings do not lend themselves to fully showing how the windows are going to appear. If the Commission wants to have all the windows match, he was not sure that this was something that the Commission can legally do. He felt that the most important thing to him was how the two story structure was laid out and felt that it was well balanced. As long as the applicant agrees to install wood siding, he was willing to approve the application. Commissioner Kaplan stated for the record that the Planning Commission accessed the back of the home and looked around to see if there were any privacy impacts. She expressed her comments previously about the windows. She said that she could support the design, as amended. Chairman Pierce agreed with Commissioner Murakami that the Commission was getting nitpicky about the windows. He recommended that it be suggested that the applicant consider changing the windows as described by Commissioner Martlage. He said that he would not PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 16 - support a motion that would require the elliptical windows be changed. Otherwise, he stated his support of the project. COMMISSIONERS PATRICK/MARTLAGE MADE A MOTION TO APPROVE RESOLUTION NO. DR -98 -016 WITH CONDITIONS THAT WOULD REQUIRE THE USE OF HORIZONTAL WOOD SIDING AND THE REPLACEMENT OF THE WINDOWS AS DESCRIBED BY COMMISSIONER MARTLAGE. THE MOTION FAILED AS FOLLOWS: AYES: KAPLAN, MARTLAGE, PATRICK; NOES: BERNALD, MURAKAMI, PAGE, PIERCE. ON A MOTION BY COMMISSIONERS BERNALD /MURAKAMI, THE COMMISSION UNANIMOUSLY (7 -0) APPROVED DR -98 -016 WITH THE CHANGE IN HORIZONTAL SIDING ONLY. Commissioner Bernald said that in her experience before a Planning Commission in another city for a summer home, she wished that she had listened to the Planning Commission. However, she was appreciative that they did not make their recommendations a part of a resolution. She felt that it was good to provide recommendations regarding some of the design features because it gives an applicant the opportunity to consider alternative design suggestions. DIRECTOR ITEMS DR- 97- 047/AR -97 -028 - LIN,13670 Beaumont Avenue Director Walgren presented the staff report and recommended that the Commission accept that the building is over 18 feet in height and direct staff to approve the height administratively. Commissioner Martlage said that a letter was received that addresses planting along the sides. She asked if there were stipulations about vegetation and mitigating the privacy concern? Director Walgren said that the original approval did not have conditions imposed in a formal resolution as it was an over the counter approval. He said that he has reviewed the letters and consulted with the staff planner. A memo has been placed in the file that requires that a landscape plan be prepared based on the neighbors' request. He said that there was also a request that the city consider the condition of the property in terms of storage of material and that staff is following up on this concern as well. Commissioner Patrick inquired as to the process and asked if the applicant had to file an application and pay filing fees? Director Walgren responded that a formal application was not submitted nor have administrative fees been paid for this review. He said that minimal fees may have been collected in order to PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 17 - send out an additional notice for this application to cover staff s time and efforts. Commissioner Murakami stated that this is not an uncommon occurrence as far as a miscalculation. However, he felt that at the time of framing, an inspector should be made available to check the height of the structure. Director Walgren stated that at time of framing, the city requires that a qualified licensed surveyor or engineer verify the height of the building to natural grade and that the building inspectors accept this and place this information in the project file before the framing inspection is passed. He said that the natural grade could have been altered at time of framing. Commissioner Kaplan asked why construction was allowed to continue to this point? Director Walgren informed the Commission that he would need to investigate and report to the Commission as to why the home was allowed to get as far as it has. He said that the home has been red tagged. He said that even though the height of the home exceeds 18 feet, it still meets setbacks and the floor area exception for this zoning district. He said that the extra 8 inches in height does not require a floor area exception, and it does not require an amendment to the setbacks, nor does it need a variance. If it had, this project would have had to be readvertised as a variance. The 18 -foot threshold is just a review and notification process. Had the building been proposed at 19 feet in height, staff would have been required to present this item to the Planning Commission versus just having to notifying the neighbors. Staff is advising the Commission of the situation to give the Planning Commission the opportunity to determine if there are any impacts. Chairman Pierce opened the floor to public comment at 9:16 p.m. No comments were offered. IT WAS THE CONSENSUS OF THE COMMISSION TO ACCEPT THE REVISIONS AND DIRECTED STAFF TO APPROVE THE CORRECTED PLANS. The Commission indicated that they did not like the fact that the building exceeded the 18 foot height limit and that they did not want to see this happen again as it is not fair to those who have gone through the process and who have constructed their homes per approval. Commissioner Patrick asked staff if the home located on Saratoga Avenue with this similar situation is ever to be completed? Director Walgren said that staff was not aware of any progress being made toward the completion of the home. This is a situation where the city does not have a lot of leverage as the building permit has expired unless it becomes a public nuisance or a health hazard. Connnissioner Kaplan said that the Commission is charged, in part, to maintain the aesthetics of the city and felt that this uncompleted home was a poke in the eye to the city, adjacent residents and those who pass it every day. Director Walgren said that he would talk to the owner and get a PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 18 - status report of what is being planned for the home. Holiday Public Hearing Schedule Director Walgren informed the Commission that the November 11 meeting day is the Veterans Day Holiday and recommended that the Commission hold the public hearing on Tuesday, November 10 and conduct the land use site visit on Monday. He also recommended that the second meeting in November be held on Tuesday, November 24, given that Thanksgiving falls on November 26, the Thursday after the Commission's regular meeting. He recommended that the first meeting in December be held on December 9 and that the Commission cancel its second meeting in December as a result of the holiday schedule. BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S NOVEMBER AND DECEMBER MEETING SCHEDULE. Circulation Element Update Director Walgren presented the Planning Commission with an update on the Circulation Element. He said that with the departure of a planner, he recommended to the City Manager that the city put off beginning the Circulation Element Update to the beginning of next year in order to complete other projects. Planning Commission Oral Board Appointment Director Walgren informed the Commission that the City Manager is putting together an oral board to interview a perspective city clerk. The City Manager has suggested to the City Council that the interview board consist of a council member, a planning commission, city attorney and a department head because of the unique nature of the city clerk who happens to work with all these groups. He said that the finance director, Council Member Shaw, and the city attorney will sit on the interview panel. He asked if any of the planning commissioners would like to volunteer to sit on the oral board which would take up approximately half of a day. Commission Kaplan agreed to serve as the primary commissioner and Commissioner Page agreed to serve as a back up to Commissioner Kaplan should she not be able to serve on the interview board. COMMISSION ITEMS Commissioner Kaplan reported on a telephone call that she received on October 6 from Dave Johnson, an environmentalist on the Blackwell property located behind Saratoga High School. Mr. Johnson called her to discuss the fact that as part of the mitigations for the project that trees are to be planted, noting that the trees to be planted are being ordered from another gene pool. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 19 - Mr. Johnson requested that this matter be brought to Commission's attention as he did not feel that it would be appropriate to bring non native trees into an area that is to be reforested with native trees. He recommended that the Commission consider not making demands for big trees because small trees may accommodate being transplanted and would fit into the environment. Mr. Johnson indicated that he would be speaking with the city arborist. She recommended that Mr. Johnson also discuss this issue with staff. She stated that she trusted Mr. Johnson's judgement and that the City should give him the courtesy of resolving a problem. Director Walgren stated that the city arborist has always agreed that a larger tree may not grow as vigorous or as quickly as smaller trees. However, this has to be balanced with the desire to have a more inunediate screening. He said that in this instance, the city could hold this riparian corridor to a different standard than a residential landscape plan. Commissioner Kaplan informed staff that at the intersection of Saratoga and Herriman Avenues, PG &E or the telephone company is digging up and is under the driplines of the trees with their equipment and piles of dirt. She asked if they know the impact being caused to the trees and asked if the city has any control over the utilities? Director Walgren said that utility companies do not typically notify the city when they are starting a project unless they need a right of way encroachment permit. Chairman Pierce said that he spoke with a tenant in the Argonaut Shopping Center and stated that the tenant was in the opinion that things were going to be happening very quickly. He said that he did not know what was happening with the termite issue. Conunissioner Bernald thanked Director Walgren for communicating with Josh White at the Blue Rock Shoot. It was her understanding from the merchants and individuals who frequent the downtown area that the air has been quite pleasant. Conunissioner Martlage observed that the Piim Brothers development have used peers with reenforcement in the Hayfield Estate area. She wanted to make sure that this was appropriate for the timing. Conunissioner Kaplan said that Chicken Salsa business located on Saratoga - Sunnyvale Road seems to emit a great deal of smoke. She asked if there is some kind of control on what can be spewed as there are times that a lot of smoke is coming from behind the business. Commissioner Murakami asked if the city is empowered to require that the business install exhaust filters into their system? Director Walgren said that there are building code requirements for any stove or barbecue operations and that there are also county environmental health standards for the different types of food preparations. He said that staff would request that the city's inspectors keep an eye on the business. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 20 - COMMUNICATIONS Written City Council Minutes dated September 16 and September 22, 1998 - Notices for Planning Commission meeting of October 28, 1998 ADJOURNMENT TO NEXT MEETING There being no further business, Chairman Pierce adjourned the meeting at 9:31 p.m. to Wednesday, October 28, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 Civic Center, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Chairman Pierce called the meeting to order at 7:30 p.m. Roll Call: Present: Commissioners Bernald, Kaplan, Murakami, Page, and Chairman Pierce Absent: Commissioners Martlage, Patrick Staff: Director Walgren Pledge of Allegiance Minutes - September 9, 1998 On a motion by Commissioners Bernald / Murakami, the Commission approved the September 9, 1998 minutes amending page 3, paragraph 4 to add the following: "...sang that because the new Hillside Ordinance excludes houses in this zoning district, she will agree to this request." The motion carried 4 -0 -1 with Commissioner Page abstaining and Commissioners Martlage and Patrick absent. Oral Communication No comments were offered. Report of Posting Agenda Director Walgren declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 18, 1998. Technical Corrections to Packet No corrections were noted. CONSENT CALENDAR 1. DR -98 -007: (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way: Request for Design Review approval to construct a new two story, single family residence, 4,043 square feet in size, 25 feet in height, on a 29,020 square foot lot in an R -1- 15,000 Zoning District. A single story residence currently exists on the property. (APPLICATION WITHDRAWN BY APPLICANTS) ------------------------------------------------------------------------------------------------------------- Director Walgren informed the Commission that this item was continued from a previous meeting. However, the applicant is requesting that the application be withdrawn. Therefore, no PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 2 - action is required. PUBLIC HEARINGS 2. DR -97 -032 (503 -72 -012) - MOORE, 21657 VINTAGE LANE: Request for Design Review approval to construct a new 6,737 square foot single story residence on a 131,387 square foot lot. The application also includes a request for an exemption from the five foot underfloor clearance limit and a request to exceed the 1,000 cubic yard grading limit for lots in a Hillside Residential zoning district. The height of the residence is 23.5 feet. ------------------------------------------------------------------------------------------------------- - - - - -- Director Walgren presented the staff report. He recommended discussion regarding the grading to construct the home separate from the landslide repair. He said that there are still approximately 1,400 cubic yards of cut and fill necessary to construct the home, separate from the landslide repair, much of which is necessary for the driveway itself. He informed the Commission that a vehicular driveway will be necessary to access the garage but that there may be some room to reduce the amount of turn around area adjacent to the garage and to reduce the amount of grading. He indicated that a letter was received from John and Nancy Kwong, 14581 Saratoga Heights Court, requesting that sufficient landscape screening be planted along the elevation to reduce the driveway's impact on their views. Commissioner Bernald asked if it was staffs belief that this piece of property would be better off for the entire neighborhood in terms of geologic concerns if the landslides are to be repaired? Director Walgren stated that in order to build the home, the geologist has indicated that the landslides are severe enough that they need to be repaired to accommodate this proposal. He stated that there would be a benefit in repairing the landslide. He said that another issue that is unique to this property is that it is not a hillside that is densely wooded where a lot of vegetation would have to be taken out in order to repair the landslide. If the slope is recontoured properly, the end result should not be noticeably different. He clarified that the 1,000 cubic yard limitation is mostly a design standard relative to new construction in the hill to prevent large grading of hilltops or large fill plateaus to extend a yard area. He said that when this limitation was adopted, it was not adopted to address limiting landslide repairs. Chairman Pierce opened the public hearing at 7:43 p.m. Tony Jeans, project designer, submitted a list of immediate neighbors above the property in support of the request. He said that the neighbors have asked that strong consideration be given for the construction of a single story home. He was also asked by the neighbors on Saratoga Heights to consider a single story home. He felt that a single story home was much more in keeping with what the neighborhood wants to see. He addressed the design of the home, including the use of stone trim. He also addressed the request for the two exceptions. He furnished the Commission with a model of the proposed home that depicts the additional landscape screening to address Mr. and Mrs. Kwong's concern. He said that he tried to design a PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 3 - home that presents itself well to individuals across the valley and to the benefit of his client. He did not want to destroy the architectural integrity by having to step down the extra two feet. He felt that the two story home approach would have pushed the home much closer to the neighbor above and block a view corridor. He said that the back of the home has been depressed where the grading issue comes into play. He informed the Commission that there have been four landslides on the property in the past 11 years. One of the reasons for repairing the landslide is to provide a safe feeling to the property owner and to the adjacent neighbor. He informed the Commission that the landslide repair will take approximately 10 days to complete and that it can be repaired without the removal of any trees or landscaping. The soil will be put back at its current level and that immediate planting areas will be provided. Mr. Jeans said that the driveway is required for emergency vehicle turn around and parking. He said that he has depressed the driveway into the ground so as to allow the neighbor to get as clear of a view corridor as possible. He stated that it is proposed to have 900+ yards of cut for the driveway and that the cut would be exported off site. He said that the driveway could be sloped a little more with minimal grading. Karlina Ott, 21750 Vintage Lane, informed the Commission that she supports the design of the single story home as it does not block her view and that it would not provide her with an expansive view of a big roof. Dipak Basu, 21777 Vintage Lane, resident directly up the hill from the subject property, said that he appreciated the fact that his concerns were taken into account. He stated his support of the single story design, including the installation of trees to screen the two properties to address his view corridor and privacy concerns. He requested Commission approval. Jon Kwong, 14581 Saratoga Heights Court, expressed concern with cars turning around on Congress Hall Lane and the impact of light beams creating a night nuisance. He said that he has spoken with Mr. Jeans who has assured him that sufficient screening would be installed to address his concern. He also expressed concern with the installation of a fence around the vineyard. He said that a deer fencing with the use of 6 x 6 posts and the use of netting does not add to the neighborhood and detracts from the open space. Director Walgren informed the Commission that the fencing would not only enclose the vineyard but would enclose more than 4,000 square feet of the property within the Hillside Residential zoning district. This would require a separate application process with its own set of findings. As the fencing was not proposed until after the point that it was too late to advertise this component of the project, it will be a later application if the homeowner wishes to pursue the request to enclose the vineyard. Mr. Jeans informed the Commission that the request to enclose the vineyard came at the request of the neighbors who reside across the valley. He said that he would agree to install a vineyard if PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 4 - some sort of invisible fencing is installed, acknowledging the fact that the request for fencing was too late to be included as part of this application. Commissioners Murakami /Bernard moved to close the public hearing at 8:03 p.m. Chairman Pierce noted for the record that the Commission was in receipt of a petition with the names of approximately 16 individuals in support of the application. Commissioner Page stated his support of the design and the presentation of the model. He said that in light of the two other applications the Commission received regarding landslides, he has concerns about building a home where the property has had four landslides in eleven years. He recommended additional landscape screening in the back area where the pool is to be installed for privacy reasons. He appreciated the fact that additional screening is proposed to address Mr. Kwong's concerns. As the applicant has support of his neighbors, he would support the request. Commissioner Bernald expressed concern with the four landslides. She said that she has repeatedly inquired about the ability to correct landslides and that she has been given some assurance that the repairs will improve the property. She appreciated the fact that the home is to be a low profile home from the valley and that it would not block view corridors. She also appreciated the fact that the applicant /designer worked with the neighbors. However, she expressed concern with the driveway. From her experience, when she has large groups come to her home, her visitors park on the street and do not use her driveway. She stated her support of a smaller driveway with less cut as she was not convinced that it would help people driving in the area and that guests would park on Vintage Lane. With the exception of the driveway, she stated that she could support the application as presented. She noted that the fireplace ordinance condition was not included in the resolution of approval and recommended that it be included as a condition. Commissioner Murakami concurred with the comments expressed by Commissioner Bernard. He appreciated the fact that this is not a two -story home as it protects view sheds. He expressed concern with the slide areas as far as the way that they are to be corrected and how stable they will be in the future. He said that the Commission has to rely on the geologists and that it gives him comfort with their review. He said that he would be willing to approve the home as he likes the way it is sited on the slope. He also expressed concern with the driveway and recommended that it be reduced in size. If there are turn around safety reasons that warrant the size of the driveway, the Commission may be forced to approve it. Therefore, he was ready to approve the application. Commissioner Kaplan said that while she appreciated the comments regarding the applicant's efforts to work with the neighbors and the fact that she likes the models and drawings presented, she has yet to have any confidence in building a home in a landslide area. No matter how much PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 5 - engineering is put into it, she does not know how one can possibly place a home on a landslide. She noted that there are two other items on the agenda this evening, both requiring significant landslide repairs. She felt that a short two story alternative design can be built. She said that she would not approve this project as it was her believe that the city and the property owner were looking for trouble by allowing the construction of a home in a landslide area. Chairman Pierce felt that it was important to repair landslides and that the City has to rely on its engineers on how landslides are to be repaired. He felt that the property would be better off once repaired. He liked the design of the home but wished that it was not quite as big. However, it was a nice design as it fits in well with the property, it has a low profile design and that it would be a good addition to the area. He said that he too would like to see a vineyard installed some day. He said that he was not concerned with the size of the driveway and that he did not believe that individuals would park on the cul -de -sac. He felt that extra parking in the driveway was appropriate. Therefore, he would support the application. Commissioner Kaplan said that should the project be approved, she recommended that the least amount of driveway cut and fill be required. However, she said that she would not support the project. She reiterated her concern with the safety of the property. She said that she has faith in the geologists and technician. However, she has a certain amount of common sense in life experience. She reminded the Commission that at a Planning Commission retreat, the city's geologist was in attendance. He explained the technical items that can be performed to stabilize the land, later to state that bedrock also slides. Commissioner Page said that reducing the size of the driveway will not make a difference one way or another as there will not be enough square footage taken out. Director Walgren said that there would be approximately 1,000 cubic yards of grading to construct the driveway and the turn around. He said that his comments are two -fold: 1) reduce the grading to the extent that it can be reduced and yet provide some guest parking on site; and 2) reducing the amount of paved driveway surface. Reducing the amount of paved surface can be done by incorporating turf block or pervious paving treatment into the guest parking areas where it is not going to be traveled frequently by vehicles. He recommended that a condition be added to state that to the extent possible, the driveway paved area is to be reduced, pervious pavers are to be used in the guest parking areas, and that the grading quantity be reduced as much as possible. On a motion by Commissioners Bernald /Murakami, the Commission approved Resolution No. DR -97 -032, incorporating staffs recommendation regarding the reduction of the driveway paved area and the use of pervious pavers, including the reduction of grading; and the inclusion of the fireplace ordinance as a condition of the resolution. The motion carried 4 -1 with Commissioner Kaplan voting no and Commissioners Martlage and Patrick absent. PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 6 - 3. V -98 -008 (503 -53 -021 & 503 -53 -020) - ANDERSON /CHAN, 20972 & 20998 Sarahills Drive: Request for Variance approval to construct a new retaining wall with a maximum height of 6 feet. The site is located within an R -1- 40,000 zoning district. ------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. He recommended the use of wood panels instead of the use of precast concrete panels slides as the use of wood would be less obtrusive on the hillside. Chairman Pierce opened the public hearing at 8:14 p.m. Hazel Anderson, applicant, stated that her contractor first gave her a bid for the use of wood. She went back to him to request that concrete be used instead of wood because she did not want to deal with the replacement and /or maintenance of wood in ten years. She said that she installed fencing on a rental property within the last 10 years and that already the pressure treated posts are rotted out. She informed the Commission that her contractor installed a wood retaining wall up the hill and that the contractor had problems getting wood without cracks. She said that the plantings on the slope were approximately six feet or higher and that they have slid down. She proposes to install new drought resisting plantings in front of the retaining wall. Therefore, in a very short time, the wall will not be seen at all. She said that the single Camphor tree at the bottom of the hill is to remain. Ray Chan, 20998 Sarahills Drive, adjacent property owner, shared Mrs. Anderson's concern regarding the use of wood versus precast concrete. He recommended that the wall be done just once. He informed the Commission that he installed a wood retaining wall only to be brought down by a landslide. If vegetation is planted, it will screen the wall in a short period of time. Robert Harvancik, wall designer, informed the Commission that both wood and concrete can be used. However, he supported the use of concrete as it gives his client the sense of security. He said that in 40 years, wood would decay while concrete will remain. He requested approval of the wall height and the use of the materials as submitted. Commissioner Murakami inquired about the exhibits presented to the Commission. He noticed that the drainage pipe had been broken. He asked if this area has a drainage problem as the diversion of water may be an issue at a later date. Mrs. Anderson said that the drainage comes from the patio area to a holding area, then goes down the hill and into the street. She said that the drainage pipe was broken by the landslide. Commissioner Kaplan noted that the drainage pipe was never piped under and that the water flows over the surface. She asked if the drainage is to be corrected? She asked how a retaining wall can be constructed and still leave water cascading off the face of the hill? PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 7 - Mrs. Anderson responded that there are no plans to correct the drainage and that a new drainage pipe has been installed. Director Walgren said that it was his belief that the pipe brings the drainage from the patio down to the street and into the public storm drain and not from the hill. Commissioner Page inquired as to what is to be done with the soil that has come down with the slide with the repair of the retaining wall? Mr. Harvancik responded that the retaining wall would be installed first. The existing material will be used to compact the hill below the wall and that grading will be minimal. Director Walgren said that there is a significant difference between this application and the other retaining wall variance to be heard later this evening. In this case, the landslides are shallow and active as a result of either deep topography or excessive rains and over saturation of loose soils. In this case, the approach is not to excavate the soil but to repair the landslide and to build a retaining wall at the base of the landslide to shore up a much smaller local area. Mr. Harvancik clarified that a wood retaining wall would only last 40 years and that concrete would last 60+ years. Cormnissioners Murakami /Bernald moved to close the public hearing at 8:26 p.m. Commissioner Kaplan said that wood looks nicer at the onset. She asked if there is a significant life expectancy from the use of concrete with the use of steel piers instead of wood? Director Walgren responded that steel piers would be used in either event and that either heavy wood beam panels or precast concrete beams would be used. He said that concrete would have a longer life span than wood. He said that these are major engineered structures that can withstand the load. He said as an alternative, the applicant can use a rough concrete panel, painted a dark brown color to resemble a wood beam. Commissioner Murakami said that he would support the applicant's request for concrete. He expressed concern with the drainage pipe and recommended that the drainage be improved so that there will be no problems with the wall in the future. He said that he could support the variance. Commissioner Bernald concurred with the comments expressed by Commissioner Murakani. She expressed concern that there might be some cause above that is causing the landslide. She recommended that the applicant look at drainage alternatives that would help mitigate the situation. Given the applicant's strong feeling for the use of concrete and the fact that a color pigment can be placed in the concrete, and knowing that it is getting more and more difficult to PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 8 - get quality wood these days, she could support the applicant's request for the use of concrete and the application. Commissioner Page concurred that the variance is warranted and would support the request if something can be done with the concrete coloring. Commissioner Pierce concurred with the comments expressed. He recommended that a condition be included that requires the installation of landscaping along the retaining wall with the inclusion of an irrigation system. Director Walgren informed the Commission that the installation of landscaping is included as a condition in the resolution but that it could be modified to specify the installation of an irrigation system. Commissioner Bernald recommended the use of a drip irrigation system that does not require excavation. On a motion by Commissioners Murakami /Bernald, the Commission approved Resolution No. V -98 -008; 20972 and 20998 Sarahills Drive, requiring that a brown color pigmentation be used in the concrete panels, and the installation of a drip irrigation system. The motion carried 5 -0 with Commissioners Martlage and Patrick absent. 4. SD -98 -004 (397 -02 -002) - SNYDER, 18630 ALLENDALE AVENUE; Request for Tentative Subdivision Map approval to create two lots from one existing 2.5 acre lot. The site is located in an R -1- 40,000 zoning district. ------------------------------------------------------------------------------------------------------------- Director Walgren presented the staff report. Commissioner Bernald said that staff mentioned that with the driveway situation, the existing home would be removed. She said that she was confused at the site visit with a "For Sale" sign on the property and that the existing home contained a lock box. She did not understand why there was a lock box on the home if the Commission is looking at something that states that the home is to be removed. Chairman Pierce opened the public hearing at 8:35 p.m. John Voisinet, 1408 Peddle Way, San Jose, informed the Commission that he was in the process of purchasing the property. He said that the reason for the lock box was due to the pending sale. He said that following this meeting, escrow will close. He said that he has been working with staff to minimize impacts to the neighbors. He said that the home will barely be visible from Allendale and that an 80 -foot rear yard setback is to be provided. He stated that the road is PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 9 - narrow at the point where a bridge is to be installed. A four -foot sidewalk is also proposed down the frontage of the property with the installation of a foot bridge across the street. This is at the request of the city engineer as it is a dangerous area of the road. Commissioner Page asked if a sidewalk is to be installed across to the smaller parcel? Director Walgren felt that there would be an effort to have the two parcels connected by a walkway. The expense for the walkway has been arranged through the public works department. He was sure that there are plans to either pay for that portion or to provide another means to provide the connection. Edward Long, 18657 Ravenwood Drive, stated that Wildcat Creek is located to the rear of his lot and that the city is currently providing repairs to the creek for a washout of a drainage pipe and erosion. He said that there is an existing home on the property bordered by the creek with a beautiful natural setting. He felt that three homes would be too much development and that in the future, there will be a request for the installation of a swimming pool, a playground and parking of RVs. He said that he protests the development of the parcel. However, if the application is to be approved, he requested that the home be moved to the north, that the driveway be shortened to reduce the impacts to the tract homes located to the south. He reiterated his objection to the request and requested a greater setback to allow his right to a quite enjoyment. He indicted that he has an oversized lot of approximately one third of an acre. He said that his lot sits up higher and that he would have a view of whatever is built. At this time, he has a view of the trees and the creek and that anything constructed would disrupt his views. He requested that the driveway be shortened and that the home be setback ftirther to allow for future expansion in growth and activities and that a single story home be constructed in the future. Dave Hoerger, 18579 Ravenwood Drive, expressed concern with the rear yard setbacks and how the setbacks relate to this backyard. He concurred with the comments as presented by staff. Commissioner Bernald stated that in the past, individuals have come before the Commission requesting the construction of single story homes. Once built, it became apparent that a wide (massive) single story home is built. She asked Mr. Hoerger his opinion on this issue. Mr. Hoerger said that he was far enough away from the parcel that he was not affected as directly as other property owners. However, he would support the construction of a single story home and not have a second story home looking down into his backyard. Jeff Lichtman, 18615 Ravenwood, stated that he shares a back fence with the applicant. He requested that a two -story home not be built and that the home be setback far enough from his back fence as it is a deep lot. Commissioner Kaplan said that often, it is requested that single story homes be approved and PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 10 - that very large, single story homes are eventually built. She felt that individuals are more concerned with the total height of the home irrespective of whether it is a one story or two story home. She also felt that a fairly compact, two story home can be designed. She recommended that individuals keep this in mind. She said that she was not inclined to place a height restriction on the home at this time as it was not warranted. Mr. Lichtman said that the request for the approval of a single story home was more of a privacy issue. Director Walgren indicated that the typical height of a contemporary single story building is approximately 22 feet and that the height can go up to 26 feet with a certain architectural style with a steeply pitched roof. Conversely, one can design a two -story home that does not exceed 22 feet in height, keeping the profile as low as possible. Myron Tygar, 18632 Allendale Avenue, stated that he has no real objections to the plans as presented. He said that working with Mr. Voisinet has been pleasant and that he has worked with him to address his concerns. He felt that this appears to be a reasonable development for a pretty piece of property. Commissioner Kaplan asked how long Mr. Tygar has resided at his residence. Mrs. Tygar responded that the home was built in 1954. Mr. Voisinet said that he has tentative conceptual plans for a single story home for lot 1 that is proposed at 4,100 square feet and that it will be less than 18 feet in height to minimize impacts to the neighbors. A two -story home is proposed on lot 2 due to the hill, creek and setback requirements at 4,100 square feet and that it will be less than 26 feet in height. He said that the request before the commission is for a lot split and that the design of the home will be addressed at a later date. He concurred that he is proposing an 80 -foot rear setback, acknowledging that the homes behind his property also have a deep rear setback. He noted that screen trees are already in place (24 inch walnuts). He did not believe that the homes would be visible. He would support a condition which states that the mature trees are not to be removed. He said that the home is being pulled away as far from the creek as possible to preserve the creek. The footprint of the home is small in order to minimize grading. He requested that he be allowed to lower the home a little bit more. No further comments being offered, Commissioners Bernald /Kaplan moved to close the public hearing at 8:53 p.m. Commissioner Murakami said that when he first saw the land he did not like it as he does not like subdivisions on these types of lots. However, this is a legal lot split, noting that the lots are large. He expressed concern with the way the property is accessed, but that these concerns can be addressed. Should this application be approved, he recommended that the Commission be watchful of what is built on these lots (i.e., existing creek and access to the lots). PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 11 - Commissioner Kaplan expressed concern with the application. She stated that she understood the concern of the neighbors to the rear. She said that the Commission has heard from residents that empty lots are being developed and encroaching their properties. She said that one can't stop development. She said that she would recommend the removal of the small home and make it one large area, and that access to the subdivision be where the little home exists. She said that she does not support the application and expressed concern with the long shared driveway. It was her belief that a land use attorney could determine an alternative that would allow the existing small home to use a portion of the larger lot without granting a shared access easement. She expressed concern that as people move out and others come in that this kind of shared access corridors create havoc. Commissioner Bernald felt that the two parcels would be beautiful as they would be large enough to handle the proposed 4,100 square foot home. She was pleased that a 6,500 square foot home was not being proposed. She expressed concern with the easement but that she knows that they work well as it works in her neighborhood. She felt that the lot size was comfortable and the size of the home is proportional and that the Commission can work with the neighbors to provide screening and an appropriate height to mitigate the neighbors' concerns. She said that she could support the request. Commissioner Page asked who would maintain the private driveway? He urged the applicant to work very carefully with the neighbors at the time he is ready to design the home. He felt that there would be two beautiful homes when they are completed. Director Walgren said that the dual driveway is similar to that of a private road. It is a shared, minimum access road that is to be maintained jointly by the users. Commissioner Pierce felt that the city should encourage more shared driveways to provide less coverage of land. He said that there were other shared driveways approved recently and that they work well (i.e., the Blackwell application). He said that this appears to be a good project even though it was unusual with the small home in front, noting that the Commission cannot do anything about the existing home. He said that he could support the project as presented. On a motion by Commissioners Bernald /Page, the Commission approved Resolution No. SD -98- 004. The motion carried 4 -1 with Commissioner Kaplan voting no and Commissioners Martlage and Patrick absent. 5. V -98 -010 (503 -51 -012 & 503 -14 -044) - GODDARD /BINKLEY, 13502 & 13570 Pierce Road; Request for Variance approval to repair and extend an existing 12 foot high retaining wall. Maximum height is proposed to remain at 12 feet. The site is located within a Hillside Residential zoning district. PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 12 - Director Walgren presented the staff report. Commissioner Murakami asked if the applicant has indicated how the equipment would access the site? Director Walgren said that he was sure that arrangements have been made on how the equipment is to access the site but that he has not discussed this issue with the applicant. Commissioner Page asked if a soil sampling has been performed to determine if this is just a surface slide and not anything deeper? Director Walgren said that the applicant can speak to this question. He said that as this is an active landslide and that the application is only to shore up the landslide, the city's consulting geologist was not involved in the review of the retaining wall. However, the geologist will be involved in the inspection and the construction of the wall. Chairman Pierce opened the public hearing at 9:05 p.m. Paul Goddard, applicant, said that the landslide problem occurred in 1995. He said that he has spent approximately $30,000 to clear up the mud and make temporary repairs. He said that he has extensive experience with the existing walls. He said that the original retaining wall was built in 1990 with additional repairs to the hill in 1992 and 1994. Even with the extensive rains of last winter, the hill remains very stable underneath the wall. The problem appears to be extensive subsurface water movement which has since been drained off the property. He said that the lack of stability occurred in 1995 with a bad storm. Since 1995, he has been in discussion with the insurance companies as to how the repairs should be funded and that this has been settled in the last few months. He was convinced that the majority of the problem would be taken care of with this particular wall. Regarding construction access, he said that he has already made some minor repairs to the wall this year. There is an access road to get up to the area with the wall itself to be manually built. He said that the existing retaining wall is constructed of wood material and that if it lasts 40 years, he would be happy. Commissioners Bernald /Kaplan moved to close the public hearing at 9:07 p.m. Commissioner Murakami said that at the site visit, he understood the need for shoring up the retaining wall. He said that he has experience with this type of situation and that he knows that during bad weather it can be precarious to have mud and rocks starting to slide. He said that he could support the variance as it would bring an end to the instability of the hill. Commissioners Kaplan, Bernald, Page, and Chairman Pierce concurred with the comments expressed by Commissioner Murakami. On a motion by Commissioners Kaplan/Bernald, the Commission approved Resolution No. V- 98 -010 as presented by staff. PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 13 - DIRECTOR ITEMS Director Walgren indicated that there were no director's items to report. COMMISSION ITEMS Commissioner Kaplan asked what is happening with Navico located on Sunnyvale- Saratoga Road? She expressed concern with the growth of weeds as it is an eyesore. Director Walgren said that he expected the project to pick up again and that he was not certain why they have not begun to complete the construction of the subdivision. He said that he met with Navico and emphasized that there was a strong desire to get the project going and cleaned up. Navico assured him that this would take place as quickly as possible. He said that he would contact them to find out the status. He said that every spring, the fire district conducts a weed abatement program and that staff will add properties to the list of weed abatement as deemed necessary. Commissioner Kaplan requested an update of the Argonaut Shopping Center. Director Walgren said that the owners of the Argonaut Shopping Center are still negotiating with one of its major tenants over the parking lot configuration. He said that it is Long's policy to have larger diagonal spaces for their customers because they are easier to pull into and get out of, noting that the parking lot was designed with right angle spaces in order to meet the city's parking requirements. He said that the city is holding off on issuing any of the permits until the permits are approved for the overall center improvements. He said that Argonaut has exhausted their extensions and that Argonaut has six months to activate the permits for center improvements or the entire project expires. He said that City ordinance allows either diagonal or right angle parking spaces and that the ordinance addresses minimum spaces per gross square footage of commercial areas. He said that a very specific site and use parking analysis was prepared that states that based on peak holiday traffic at full occupancy, the parking reduction approved allowed just enough parking that would be needed during peak sessions. Commissioner Bernald said that it was brought to her attention that the Argonaut center is termite ridden. She asked if the center is going to remain open during the remodel? Director Walgren said that it is planned to keep both Safeway and Longs, including the tenant shops, open during the remodeling. He said that he was not aware of the tenting of the center for termites. Commissioner Bernald noted that the Commission's packet including a letter to Josh White regarding the Coffee Roasting Club hours of operation. She asked if staff has received a response to this letter? Director Walgren said that he has not received a response from this letter. However, he did speak with Mr. White and explained the benefits in having him accommodate PLANNING COMMISSION MINUTES SEPTEMBER 23, 1998 PAGE - 14 - the suggestions in the letter. Mr. White implied that he would comply with the recommendations. He said that staff would monitor to see if he is complying or whether there continues to be complaints. Commissioner Bernald indicated that she has not received any complaints since the letter was sent to Mr. White. COMMUNICATIONS Written City Council Minutes dated September 2 and September 8, 1998 - Blue Rock Shoot letter - New Assistant Planner memo ADJOURNMENT TO NEXT MEETING There being no further business, Chairman Pierce adjourned the meeting at 9:17 p.m. to Wednesday, October 14, 1998, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Irma Torrez Minutes Clerk CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, September 9,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Commissioners Bernald, Kaplan, Martlage, Murakami, Patrick, and Chair Pierce Absent: Commissioner Page Staff: Director Walgren, Planning staff Crowley Pledge of Allegiance Minntpe • August 12, 1998 APPROVED 5 -0 (.PATRICK ABSTAINED). Oral Communications • Commissioner Bernald brought up a safety issue of concern to parents and reported that two children who were bike riding without wearing helmets had been injured in a recent accident. She stressed the importance of having children wear helmets while riding and of enrolling them in bicycle training classes. Report of .Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 4, 1998. Technical Corrections to Packet Item #2 (Country Club Homes /Oakley): • Page 2 - Attachment 3 will be corrected to read "Staff Report dated August 12, 1998." • Approval Resolution - Conditions of Approval will be numbered to read " #I - #17" (Condition #6 was duplicated in the original Resolution). Item #5 (Wharton): • Page 2 - Attachment 3 will be corrected to reflect that the Arborist report was prepared and dated July 7, 1998. CONSENT CALENDAR PUBLIC HEARINGS Planning Commission Minutes _ Page 2 September 9, 1998 1. DR -98 -026 (APN 397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20018 Spaich Court; Request for Design Review approval to construct a new 5,998 sq. ft. home on Lot #2 of the Spaich /Hayfield subdivision. The height of the residence is 18 feet from natural grade. The site is 40,000 sq. ft., located within an R -1- 20,000 zoning district. (CONTINUED FROM 8/12/98). Walgren presented the staff report. The public hearing was opened at 7:44 p.m. Chuck Bommarito, applicant's representative, agreed with the staff report and was available to respond to questions. Kaplan asked if a color drawing of the house is available, and confirmed there would be one wood burning fireplace. Patrick asked about the color board. Pierce asked about roof composition. Bob Williams, La Paloma Drive, felt the house is excessively large and asked that the Commissioners be aware of this situation when considering future applications. The public hearing was closed at 7:50 p.m. Martlage agreed that the houses are large, but they are within the City's guidelines and consistent with other houses in the area. Patrick did not like the design and felt that the house does not fit in with the neighborhood. Bernald liked the design but would prefer to see more craftsman style and less prairie style. Murakami said the design seems to match other houses in the area, but was concerned about grading. Kaplan concurred. Pierce asked about the height of the physical structure. Discussion followed regarding height of structures and the way height is measured. Bernald asked that true height as well as natural grade height be included in future staff reports. Walgren said that staff will incorporate this suggestion. BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -026 WITH A CONDITION THAT THERE BE ONE WOOD BURNING FIREPLACE; MOTION PASSED 5 -1 (PATRICK OPPOSED). 2. DR -98 -023 (APN 397 -09 -007) - COUNTRY CLUB HOMES /OAKLEY, 19222 Monte Vista Drive; Request for Design Review approval to construct a new 6,136 sq. ft., single story residence on a 1.06 acre parcel in an R -1- 40,000 zoning district. (CONTINUED FROM 8/12/98). Walgren presented the staff memorandum. Planning Commission Minutes -. Page 3 September 9, 1998 Murakami asked about the overall design of the neighborhood and the predominant style of architecture. Walgren responded that there is an eclectic mix of styles, but that most of the homes are of the California Ranch design. Kaplan asked that the condition to allow one wood burning fireplace be made clear in the Resolution. Marty Oakley, applicant, discussed the changing neighborhood, revisions made to the design of the house, support of the neighbors, and preservation of trees. Kaplan asked if the house is less expansive on the pad and discussed the floor area exception request, saying that because the new Hillside Ordinance excludes houses in this zoning district, she will agree to this request. Murakami asked which options had been addressed in redesign of the house. Bernald questioned Mr. Oakley about his inspiration for the design of this house. Patrick asked how the applicant planned to deal with drainage issues and whether any problems would be corrected. Martlage mentioned a large quantity of soil stored and mounded next to the house. Cloyd Marvin, Via Colina, felt that upgrading of the neighborhood is needed and that more diversity of homes is a positive move. David DeCarion, Monte Vista Drive, discussed the site map, drainage problems, driveway size, tree preservation, and the applicant's lack of contact with the neighbors. Robert Mitro, Monte Vista Drive, was concerned about the amount of grading required due to the heavy water, and wondered if a local assessment district might be formed to address storm drainage resolution and storm water runoff. The public hearing was closed at 8:45 p.m. Kaplan asked that the resolution include a condition that the house not be built until the issue of drainage has been addressed. Murakami felt the design is nicely done and was pleased that the drainage issue is being addressed. Bernald asked if the applicant will be required to landscape the front yard; Walgren said that requirement can be included as a condition of approval. Patrick noted that all the houses in the area are large but felt that this house is not compatible with the neighborhood. Martlage concurred with Patrick that the house is not compatible and was concerned that the character of the neighborhood will change. Pierce liked the design and felt the house is an appropriate addition to the neighborhood. BERNALD / MURAKAM:I MOVED TO APPROVE DR -98 -023 WITH CONDITIONS TO INCLUDE AN ENGINEERED DRAINAGE PLAN, LANDSCAPING IN THE FRONT YARD, AND RESTRICTION ON THE HEIGHT OF THE STRUCTURE; MOTION PASSED 4 -2 (MARTLAGE AND PATRICK OPPOSED). Planning Commission Minutes September 9, 1998 At the request of Chair Pierce, there was a recess from 8:50 - 9:00 p.m. Page 4 3. UP -98 -007 (APN 397 -13 -030) - CELLULARONE, 14000 Fruitvale Avenue; Request for Use Permit approval to install cellular antennas, a microwave dish and an associated equipment structure at the Theater Arts Building of West Valley College. The site is located within an R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 9:05 p.m. Judy Rowland, applicant's representative, said their efforts are directed to providing adequate cellular coverage to Saratoga. Bernald thanked the applicant for their detailed report and asked how coordination would be accomplished if the roof of the Theater Arts Building needed work, given that there are so many antennas in one place. Bert Martel, Fruitvale Avenue, read a letter to the Commission in which he expressed concerns about the height of the antennas, the City's noticing procedure, and the possible radiation effect on Saratoga residents. The public hearing was closed at 9:15 p.m. Commissioners Patrick and Martlage had no objection to the project. Commissioners Kaplan, Murakami, Bernald, and Chair Pierce felt the proposed location of the antennas is appropriate. KAPLAN / PATRICK MOVED TO APPROVE UP -98 -007; MOTION PASSED 6 -0. 4. SD -98- 003.1. (APN 393 -40 -020) - BOISSERANC, 13650 Saratoga - Sunnyvale Road; Request for Modification of an approved Tentative Subdivision Map that would extend the proposed cul -de -sac of Franklin Avenue approximately 72 feet to the west. Two of the four approved lots would change in both size and shape while the other two would change only in shape. The site is located in an R -1- 12,500 zoning district. Walgren presented the staff memorandum, Kaplan asked the amount of impervious coverage added. Walgren responded the amount was 2,200 square feet. Bernald asked if any drainage problems exist; a discussion of this issue followed. The public hearing was opened at 9:20 p.m. Mark Kirkeby, applicant's civil engineer, stated the proposed modification had been requested by the owner. Murakami asked if the reason for this change is a practical one, as the pads will be more aligned using the new design. Planning Commission Minutes September 9, 1998 Kaplan was concerned about the extra length of the street. The public hearing was closed at 9:25 p.m. Murakami commented that the modification seems to line up the pads with the cul -de -sac. Kaplan was concerned about the increased amount of impervious coverage. Commissioners Bernald, Patrick and Martlage had no objection to the project and could support it. Pierce said he preferred the previous design but would be able to approve this modification. Page 5 PATRICK / BERNALD MOVED TO APPROVE SD- 98- 003.1; MOTION PASSED 5 -1 (KAPLAN OPPOSED). 5. DR -98 -030 (APN 397 -09 -016) - WHARTON, 19265 Monte Vista Drive; Request for Design Review approval to construct a new 4,643 sq. ft., two story residence on a 37,897 sq. ft. lot in an R -1- 40,000 zoning district. Walgren presented the staff report. Murakami discussed architectural elements in the Design Review analysis. The public hearing was opened at 9:35 p.m. Derek Van Alstine, applicant's designer, said the building has considerable definition but a simple style, and that they hoped to get direction from the Commission on the appropriate way to proceed. Patrick asked what plans have been made for drainage. Martlage asked the style of the house and mentioned that there are cracks in the foundation of the cottage; she was concerned with the character of the neighborhood and the preservation of vegetation. Murakami said he was not able to visualize the completed house and that the structure looks unbalanced. Bernald felt that more detail needs to be shown in the kitchen and eating area; she said it was difficult to get a feeling of how the building "works" together. Pierce felt that a color rendering of the house would be helpful and said it was important that the cottage not be used as a living unit or a rental unit. David DeCarion, Monte Vista .Drive, objected to the two story structure and felt it was obtrusive. The public hearing was closed at 9:55 p.m. Bernald suggested the application be continued to the next available study session. Kaplan felt that the drawings provided by the applicant were not helpful and agreed that a site rendering would be useful; she asked that the driveway to the cottage be eliminated and replaced with landscaping, and was concerned about the height of the structure. Planning Commission Minutes September 9, 1998 Page 6 Murakami felt that the second story on this design gives the perception of bulk and requested a detailed drawing. Bernald felt a three dimensional model would be helpful. Patrick did not feel that a two story house is appropriate; she said the house is too big and bulky, and not compatible with the area. Martlage liked the French Country design but did not see the value of having the cottage. The public hearing was reopened and the item continued to the 9/23/98 study session, for redesign. DIRECTOR ITEMS None. COMMISSION ITEMS • Bernald asked if traffic calming will be performed on Chester Road. Walgren responded that none had been proposed. • Bernald mentioned that there is excavation at Allendale and Chester and asked that staff investigate. • Martlage said that reports have been received of people living at Oak and Saratoga -Los Gatos Road. • Martlage stated that there is a large neon sign inside the window at the former location of Chef Chau's restaurant; a discussion of the City's sign ordinance followed. • Kaplan asked about the status of Argonaut Center. Walgren responded that the last obstacle to moving forward was the parking layout and that parking revisions have not yet been submitted. • Bernald said she has received several calls from residents reporting that Blue Rock Shoot has been roasting coffee during business hours. There was a discussion of the potential health issue and of the Use Permit. • Kaplan reported that brochures are being thrown on lawns and affixed to mailboxes; she wondered if this practice is permissible. Walgren responded that the vendor would have to have a solicitor's permit. COMMUNICATIONS Written • City Council Minutes dated August 5 and August 11, 1998 • Notices for Planning Commission Meeting of September 23, 1998 ADJOURNMENT AT 10:15 P.M. TO NEXT MEETING • Wednesday, September 23, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA C CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, August 12,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Murakami and Page Absent: Commissioner Patrick Staff: Director Walgren, Planning staff Crowley Pled1ze of Allegiance Minutes - July 22, 1998 Page 2, item l (Pinn Brothers, Trinity Place Subdivision, Lot 8), paragraph 9: Correct the first sentence of the paragraph to read "Bommarito responded that the flooding on Saratoga Hills Road occurs because the existing inlet had not been built to handle the large capacity of water and that the civil engineer was working with the homeowners ' association to resolve the drainage problem." APPROVED AS AMENDED 5 -0 (MURAKAMI ABSTAINED). Oral Communications No speakers. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 7, 1998. Technical Corrections to Packet Item # 1.2 (PageNet Communications), page 1 of resolution: • Section 1, paragraph 1, will be corrected to read "the application of PageNet Communications for Use Permit" in lieu of "tile application ofNextel Communications for Use Permit." Section 1, Condition 3, will show that the size and location of the area to be fenced shall be determined by tests performed by the Consulting Engineers, rather than as outlined in the report by Hammett and Edison. CONSENT CALENDAR 1. DR -98 -007 (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way; Request for Design Review approval to construct a new two -story, single family residence, 4,043 sq. ft. in size, 25 ft. in height, on a 29,020 sq. ft. lot in the R -1- 15,000 Zoning District. A single story residence currently exists on the property. (CONTINUED AT APPLICANT'S REQUEST TO 9/23/98 TO ALLOW ADDITIONAL TIME TO COMPLETE PLAN REVISIONS). Planning Commission Minutes August 12, 1998 Page 2 2. DR -98 -026 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20018 Spaich Court; Request for Design Review approval to construct a new 5,998 sq. ft. home on Lot #2 of the Spaich subdivision. The height of the residence is 18 feet from natural grade. The site is 40,000 sq. ft., located within an R -1- 20,000 zoning district. (CONTINUED AT APPLICANT'S REQUEST TO 9/9/98 TO REVISE GRADING PLAN). CONSENT CALENDAR APPROVED 6 -0. PUBLIC HEARINGS 3. DR -98 -003 (APN 503 -78 -029) - DOUGLASS, 22111 Villa Oaks Lane (Lot 11); Request for Design Review approval to construct a new 6,566 sq. ft., two -story residence on a vacant 4.89 acre parcel located in a Hillside Residential zoning district. (CONTINUED FROM 7/8/98). Walgren presented the staff memorandum. Kaplan confirmed with Walgren that the swimming pool is fully on the pad and that terraces go off the slope. The public hearing was opened at 7:43 p.m. Kathleen Williams, applicant's architect, stated efforts had been made to redesign the house in accordance with direction of the Planning Commission and still maintain its contemporary appearance; the size and bulk of the home have been reduced so that it fits with the natural contour of the land. Bernald requested clarification of which views would be obstructed. Kaplan confirmed that there is one wood - burning fireplace located in the family room. The public hearing was closed at 7:47 p.m. Kaplan felt the house should be more compact so as to be less prominent on the site. Murakami felt that sufficient improvements had been made to mitigate the privacy issues and that reducing the size of the house created a lower profile. Bernald noted that the home is beautiful and nicely designed, but that there are privacy issues for the individual on the property below. Martlage concurred with Commissioner Bernald and was concerned with the privacy to the east. Page concurred with Commissioners Bernald and Martlage regarding the privacy issue. Pierce felt that much had been done to limit intrusion on the lower neighbors, that the changes are reasonable, and that the work performed is adequate. Discussion ensued regarding a landscaping plan and related issues. Walgren reported that two letters had been received in support of the project. Planning Commission Minutes - Page 3 August 12, 1998 BERNALD / PAGE .MOVED TO DENY DR -98 -003 DUE TO PRIVACY IMPACTS ON DOWNSLOPE NEIGHBOR; MOTION PASSED 4 -2 (MURAKAMI AND PIERCE OPPOSED). 4. SD -97 -002 (APN 397 -28 -047, 048 & 397 -29 -004) - BLACKWELL/HASSLER, 14000 Alta Vista Avenue; Request for Vesting Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots ranging in size from 13,400 to 31,600 sq. ft. each. The project site abuts the Saratoga Creek to the south and is heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The property is located within an R- 1- 12,500 zoning district. An environmental Initial Study has been prepared for this project and is available for review at the City of Saratoga in the Planning Division offices at the above address. Walgren presented the staff memorandum. Kaplan requested clarification of item #19 of the resolution. Director Walgren discussed access easements and stated that the average size of the lots is one -half acre. The public hearing was opened at 8:05 p.m. Bill Heiss, applicant's civil engineer, discussed revisions made to the project, new lot sizes, removal and addition of trees, and the amended traffic study. Martlage noted that trees # 101, #102 and #134 are all oaks. Theo Hart, Williams Avenue, thanked the Commission for their assistance in helping the neighbors to understand the process. They had worked with the applicant on traffic safety issues and stated they would like speed humps as well as signs. Jerry Freeman, Alta Vista Avenue, stated the neighbors had come to an agreement with Blackwell regarding privacy issues. Anthony Kerin, Williams Avenue, disagreed with the amended traffic study and requested that the Commission support the recommended traffic mitigations. Bill Heiss spoke in support of the traffic humps and clear zone signage. The public hearing was closed at 8:25 p.m. Murakami asked for clarification of the traffic issues. Walgren discussed various options regarding traffic safety and noted that the Fire Department is not supportive of speed humps. He reported that the .Public Safety Commission, an advisory agency to the City Council, will hear this issue. Page had no major issues regarding the project. Martlage felt that all parties had made an effort to work together, and could support the project. Bernald concurred with Martlage. Planning Commission Minutes — Page 4 August 12, 1998 Murakami felt all major concerns have been mitigated and could approve the project. Kaplan felt that the new plans are preferable to the first ones submitted. Pierce was pleased that everyone had worked together and stated that the Commission would convey to the Public Safety Commission that neighbors are concerned about traffic safety conditions. KAPLAN / MARTLAGE MOVED TO APPROVE SD -97 -002; MOTION PASSED 6 -0. 5. DR -98 -002 (503 -68 -002) - ADDISON, 14190 Palomino Way; Request for Design Review approval to construct a new 5,048 square foot residence at a height of 20 feet from natural grade. The site is 1.8 acres, located within an HR zoning district. Walgren presented the staff report. Kaplan commented that there were no height poles on the property during the Commission's site visit. The public hearing was opened at 8:37 p.m. Scott Cunningham, applicant's designer, said he felt the staff report was not accurate. He reported they had not been asked to erect height poles, also that grading issues would be dealt with by the civil engineer. The design of the building had been kept as short and narrow as possible in order to conform to the contours of the land. Kaplan confirmed that there would be one wood - burning fireplace and that the rest would be gas only. Martlage asked why the garage doors are facing the front. Kaplan felt the house must be designed to fit the land and asked that the project be continued for erection of height poles and other markings on the site. Sharon Maley, representing David Addison Interests, stated they would rather not put up height poles. Pierce recommended the applicant use height poles in addition to paint showing the outline of the house. The public hearing was closed at 8:51 p.m. Walgren explained that the request for height poles is standard. Murakami felt the house has been designed for a flat lot and could not approve. Kaplan felt the house is not appropriate. Martlage would support a continuance for redesign. Page agreed there should be height poles and markings showing the outline of the house; he would support a continuance for redesign. Pierce was willing to continue the application and stated that height poles, as well as a model, would be helpful. Martlage felt redesign is necessary. Planning Commission Minutes August 12, 1998 Page 5 The applicant was given the opportunity to have the Commission vote on the project as presented, or to continue to a study session or future public hearing, for major redesign. The applicant elected to take a vote at this hearing. MARTLAGE / KAPLAN MOVED TO DENY DR -98 -002 DUE TO EXCESSIVE PROPOSED GRADING; MOTION PASSED 6 -0. At the request of Chair Pierce, there was a break from 9:00 - 9:10 p.m. 6. DR -98 -027 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20010 Spaich Court; Request for .Design Review approval to construct a new 5,998 sq. ft. home on Lot #1 of the Spaich subdivision. The height of the residence is 18 feet from natural grade. The site is 41,417 sq. ft., located within an R -1- 20,000 zoning district. Walgren presented the staff report, which covered public hearing items #6 - 99 inclusive (4 lots). The public hearing was opened at 9:23 p.m. Chuck Bommarito, applicant's representative, explained that the designs were compatible with the neighborhood and also with the Foothill Club. They had worked in conjunction with the neighbors on issues such as fencing, roof lights and story poles. Martlage wondered how the grading will affect drainage on Lots #1 and #13. Kaplan confirmed there would be one wood - burning fireplace in each house. Shelley Emerson, La Paloma Avenue, was pleased at the cooperative efforts in working with the developers and discussed tree protection. She felt there seems to be a significant amount of grading on Lot #1 and was concerned about dust control as well as height control. Dan Tellep, La. Paloma Avenue, felt the neighbors enjoyed a good relationship with .Pinn Brothers and concurred with Emerson regarding tree protection. Meg Caldwell, La Paloma Avenue, had no issues with the design of the homes but felt that subdivision level issues Should be continued to the meeting of September 9. Bommarito reviewed the construction plans and mitigation measures. The public hearing was closed at 9:55 p.m. The Commissioners agreed to discuss general issues of the project, then to handle each design individually. Martlage was concerned about the amount of grading and discussed trees and the arborist's report. Bernald expressed concern about equipment stored under the trees and wondered about the consequences if the tree - protection fence were to come down. Page asked if the arborist to be on site would be provided by the developer or by the City. Planning Commission Minutes August 12, 1998 Page 6 Murakami was concerned with the amount of cut and felt that dust raised might pose a problem in construction. Martlage, :Page, Bernald and Murakami were happy with the designs and felt they are compatible. Pierce was concerned about grading and drainage, but if these issues were taken care of, he could approve. BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -027 WITH T14E CONDITION THAT THERE BE ONE WOOD - BURNING FIREPLACE; MOTION PASSED 6 -0. DR -98 -029 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20051 Spaich Court; Request for Design Review approval to construct a new 4,764 sq. ft. home on Lot # 13 of the Spaich subdivision. The height of the residence is 18 feet from natural grade. The site is 27,183 sq. ft., located within an R -1- 20,000 zoning district. Kaplan, Murakami, Bernald, Martlage, Page and Pierce were in agreement that the homes are nicely done. MURAKAMI / KAPLAN MOVED TO APPROVE DR -98 -029; MOTION PASSED 6 -0. 8. DR -98 -028 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20063 Spaich Court; Request for Design Review approval to construct a new 4,525 sq. ft. home on Lot 414 of the Spaich subdivision. The height of the residence is 18 feet from natural grade. The site is 22,312 sq. ft., located within an R -1- 20,000 zoning district. Page felt the house will fit in nicely but would prefer to see more stone. Martlage, Bernald, Murakami, Kaplan and Pierce liked the design. MURAKAIVII / BERNALD MOVED TO APPROVE DR -98 -028; MOTION PASSED 6 -0. DR -98 -025 (397 -24 -010, -038, -073, -074, -075) - PINN BROTHERS CONSTRUCTION, 20075 Spaich Court; Request for Design Review approval to construct a new 5,087 sq. ft. home on Lot # 15 of the Spaich subdivision. The height of the residence is 18 feet from natural grade. The site is 41,747 sq. ft., located within an R -1- 20,000 zoning district. Kaplan asked about the stone veneer wall shown on the plans and was told it will serve as an enclosure for an outdoor patio off the master bath. Murakami had no problem with the design but would prefer to see a more detailed drawing. Bernald and Martlage said this plan was their least favorite, but that they would be able to approve. Page had no problem with the project and could support it. Pierce could approve the project. He also stated there is a supplemental arborist report from :Barrie Coate, and that he is available to discuss it with staff and neighbors. PAGE / BERNALD MOVED TO APPROVE DR -98 -025; MOTION PASSED 6 -0. Planning Commission Minutes Page 7 August 12, 1998 10. DR -98 -023 (APN 397 -09 -007) - COUNTRY CLUB HOMES /OAKLEY, 19222 Monte Vista Drive; Request for Design Review approval to construct a new 6,136 sq. ft., single story residence on a 1.06 acre parcel in an R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 10:20 p.m. Marty Oakley, applicant, discussed the design, noting that a ceiling and roof element connects the main house with the garage, also that they had saved all trees. He addressed certain sections of the municipal code defining "attached" versus "detached" and felt they contradicted one another. Murakami asked the applicant to discuss whether lowering the height of the garage roof would affect the usability of the garage. Bill Day, Country Club Homes, wants trees to be protected and discussed the City Arborist's recommendations and requested that the required bond be lower than 25 %. Walgren addressed the issues raised by Day and noted that a 25% bond is standard. The public hearing was closed at 10:45 p.m. Martlage said the house is larger than most in the area and felt it is not appropriate in this location. Page felt the house is not fitting to the land and is more grandiose than appropriate. Bernald concurred, noting that this is not a modest house and that she could not support the project. Murakami had no problem with the design but was concerned about the exceptions being requested for square footage and the garage. He felt the house fits nicely into the neighborhood and could support the project with reduction in the size of the garage. Kaplan said the garage is not attached. If the size of the garage or the house were reduced, she could support. Pierce noted that this neighborhood is a mix of various types of homes. He felt the garage could be redesigned, also the driveway, due to its large size. The public hearing was reopened and the item continued at the applicant's request to 9/9/98, for redesign. 11. DR -98 -018 (397 -16 -145) - PINN BROTHERS CONSTRUCTION, 14200 Taos Court; Request for Design Review approval to construct a new 5,283 sq. ft. home on Lot #7 of the Sisters of Mercy subdivision. The height of the residence is 22 feet from natural grade. The site is 51,236 sq. ft., located within an R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 11:00 p.m. Chuck Bommarito, applicant's representative, said the home had been positioned for privacy and that additional ' r Planning Commission Minutes Page 8 August 12, 1998 trees will be added to buffer and upgrade the tree screening. Kaplan questioned the orientation of the garage. The public hearing was closed at 11:05 p.m. Murakami felt the home is nicely designed and fits well with the other designs in the neighborhood. Kaplan suggested that pervious pavers be used for the driveway. Bernald had no problem with the project and could support it. Page liked the orientation of the home. Martlage could not support the project as it is not in compliance with the City Council directive. Pierce liked the house. KAPLAN / BERNALD MOVED TO APPROVE DR -98 -018; MOTION PASSED 5 -1 (MARTLAGE OPPOSED). 12. UP -98 -006 (397 -15 -018) - PAGENET, 14000 Fruitvale Avenue; Request for Use Permit approval to install cellular antennas and associated equipment cabinets at the Theater Arts Building of West Valley College. The site is located within an R -1- 40,000 zoning district. Walgren presented the staff report. Chair Pierce excused himself from any discussion as a result of potential conflict of interest. The public hearing was opened at 11:09 p.m. Paul Wolcott, applicant's representative, said they had worked with staff and that he was available to answer questions. Murakarni asked whether the applicant anticipated an increase in the number of sites in the future. Kaplan was concerned about measures for tree protection and asked how the City interacts with the college. Walgren responded that the City interacts with the applicant. Kaplan wondered if the metal container could be moved to another location. Wolcott responded that it is located at the only elevation that allows access to the roof. The public hearing was closed at 11:15 p.m. Martlage appreciated that PageNet is locating the antennas where it is suitable to do so. Kaplan, Murakami, Page and Bernald had no objection to the project. KAPLAN / MARTLAGE MOVED TO APPROVE UP -98 -006; MOTION PASSED 5 -0. Planning Commission Minutes August 12, 1998 Page 9 13. UP -98 -008 (389 -03 -002) - NEXTEL, Congress Springs Park, Glen Brae Drive; Request for Use Permit approval to install a monopole with cellular antennas and an associated equipment structure at the south -east corner of Congress Springs Park. The site is located within an Agricultural zoning district. Walgren presented the staff report. Murakami asked if this was the same proposal as the one to be located on Quito Road. The answer was yes. Page asked how tall the existing Sprint pole is. Walgren responded that it is about 40 feet in height. The public hearing was opened at 11:20 p.m. Karen Vernetti, applicant's representative, thanked the staff for working with them. The public hearing was closed at 11:23 p.m. Page, Martlage and Bernald had no problem with the project. Murakami felt the applicants had chosen a good and unobtrusive place to install the monopole and antennas. Kaplan and Pierce agreed. MURAKAMI / KAPLAN MOVED TO APPROVE UP -98 -008; MOTION PASSED 6 -0. DIRECTOR ITEMS • Joint Meeting with City Council September 8, 1998 Proposed topics for discussion at the upcoming joint meeting were reviewed by the Commissioners. COMMISSION ITEMS • There was discussion regarding whether Planning Commission regular meetings might be held in the Senior Center. COMMUNICATIONS Written • City Council .Minutes dated July 15 and July 21, 1998 ADJOURNMENT AT 11:30 P.M. TO NEXT MEETING Wednesday, September 9, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, July 22, 1998 - 7:30 p.m. :PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Page and Patrick Absent: Commissioner Murakami Staff: Director Walgren, Planning staff Crowley Pledge of Allegiance Minutes Bernald requested the following modifications to the minutes of July 8, 1998: (Cotran) • Page 2, paragraph 3: Correct the sentence to read "...there will be one wood - burning fireplace." The applicants did voluntarily agree to limit the structure to no wood - burning fireplaces. (Campbell) • Page 3, paragraph 6: Correct the first sentence to read "...talking with the Campbells had been helpful." (Douglass) • Page 4, paragraph 3: Correct the first sentence to read "Bernald reported that two letters had been received concerning equestrian pathways and questioned whether the Planning Commission could deal with the issues raised..." • Page 4, paragraph 13: Correct the sentence to read "Bernald liked the design but could not approve of the size and placement, lack of privacy, and potential landslide situation on the lot. " (Whitlow /Argonaut Associates) • Page 7, paragraph 5: Correct the paragraph to read "Bernald agreed. She was in favor of building the wall on the north side, with the walkway maintained. " (Commission Items) • Item 3: Correct the sentence to read "A resident's attorney contacted Commissioner Bernald..." APPROVED AS AMENDED 5 -0 (PAGE ABSTAINED). Oral Communications None. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 1998. Planning Commission Minutes _ Page 2 July 22, 1998 Technical Corrections to Packet Item 2, Pinn Brothers, page 5 of staff report, "Conclusion ": The last sentence, referring to the floor area exception request, should be stricken. CONSENT CALENDAR LZI1 i ��DER7111WOR 1. DR -97 -050 & SD -95 -008.1 (503 -49 -044) - PINN BROTHERS, Trinity Place Subdivision, Lot 8 (formerly 20875 Saratoga Hills Road); Request for Design Review approval to construct a new 4,450 sq. ft. one -story single family residence on Lot 8 of the Trinity Place subdivision pursuant to Chapter 15 of the City Code. Modification of the approved subdivision map is also requested to allow the proposed residence to access off Trinity Avenue instead of Saratoga Hills Road. The lot is 40,128 sq. ft. in size and is located within an R -1- 40,000 zoning district. Walgren presented the staff report. He stated that the public hearing would deal with both Lots 8 and 9. Bernald commented that the average site slope on Lot 9 seems steep at 36.6 %. Walgren responded that the slope of the under- building footprint is 25 %. The public hearing was opened at 7:45 p.m. Chuck Bonunarito, applicant's representative, read a letter from the architect explaining the reasons for relocating the driveways and said that the negative impact of tree removal would be minimized. Patrick commented that the house on Lot 8 is sited so that it cannot be seen from the street. Kaplan asked the length of the house from the edge of the driveway (180 feet), and confirmed that each house will have one wood - burning fireplace. Ann Waltonsmith, Saratoga Hills Road, expressed concern about the potential for erosion and felt that more cement and the long driveways will add to the amount of water running on the street during the winter. Joe Kafka, attorney for Bob Schiro on Upper Hill Court, stated that Mr. Schiro was concerned about noise, trees being removed, and that one of the houses is two stories. Bommarito responded that the flooding on Saratoga Hills Road occurs because the existing inlet had not been built to handle the large capacity of water and that the civil engineer was working with the homeowners' association to resolve the drainage problem. He also stated that the large tree buffer will remain and that the actual living area of the house is a single story built over the garage. Bernald asked if the two energy dissipaters will pick up the drainage around the house. The public hearing was closed at 8:05 p.m. Bernald questioned whether a certain number of unannounced site inspections could be required, would not Planning Commission Minutes Page 3 July 22, 1998 support the floor area exception, could not make findings to support a two -story home, and felt the wrought iron was not appropriate. Kaplan felt there will some unavoidable removal of trees on Lot 9. She would not support the floor area exception but could support moving of the driveways. Patrick did not like the design of the house on Lot 8 and felt there should be more wood or river rock on the facade; she was also opposed to the floor area exception. Martlage felt that wood would be a better choice for the railings than wrought iron and that the structure on Lot 8 seems tall. Page had no issues with the application. Pierce could support the two -story house, as it is a bigger house on a bigger lot. He felt the floor area reduction was acceptable, but said that river rock would be preferable to stucco as it would provide a more natural texture on the exterior. BERNALD / KAPLAN MOVED TO APPROVE SD -95- 008.1; MOTION PASSED 6 -0. BERNALD / PATRICK MOVED TO APPROVE DR -97 -050 WITH CONDITIONS THAT THE FLOOR AREA EXCEPTION NOT BE GRANTED, THAT THE EXTERIOR OF THE HOUSE HAVE A MORE NATURAL FACADE, THAT THERE BE ONE WOOD- BURNING FIREPLACE, AND THAT THERE BE FULL SITE REMEDIATION AND UNANNOUNCED SITE VISITS BY THE CITY'S ARBORIST; MOTION PASSED 5 -I (PIERCE OPPOSED). The public hearing was reopened at 8:15 p.m. There was a discussion of the inlet and its redesign. The public hearing was closed at 8:20 p.m. 2. DR -97 -051 & SD -95 -008.2 (503 -49 -043) - PINN BROTHERS, Trinity Place Subdivision, Lot 9 (formerly 13995 Trinity Avenue); Request for Design Review approval to construct a new 4,740 sq. ft. two -story single family residence on Lot 9 of the Trinity Place subdivision pursuant to Chapter 15 of the City Code. Modification of the approved subdivision map is also requested to allow the proposed residence to access off Saratoga Hills Road instead of Trinity Avenue. The lot is 59,042 sq. ft. in size and is located within an R -1- 40,000 zoning district. Walgren presented the staff report. Kaplan felt the size of the house should be reduced and the basement eliminated; she did not like the circular stairway and felt that the round windows do not give a rural appearance. Bernald concurred. Patrick was satisfied and felt the house is not inappropriate. Martlage felt the entrance is grandiose and should be redesigned; she did not like the wrought iron. Planning Commission Minutes July 22, 1998 Page felt the issue of the driveway and the amount of fill must be addressed. Pierce liked the design and felt it was natural; he said the change in the driveway is a necessity. PATRICK / BERNALD MOVED TO APPROVE SD- 95- 008.2; MOTION PASSED 6 -0. Page 4 MARTLAGE / PATRICK MOVED TO APPROVE DR -97 -051 WITH CONDITIONS THAT THE ENTRYWAY BE REVISED AND THE WROUGHT IRON BE REPLACED WITH MORE NATURAL MATERIAL; MOTION PASSED 4 -2 (BERNALD / KAPLAN OPPOSED). 3. DR -98 -032 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for Design Review approval to construct 15 single family residences, ranging in size from 3,870 sq. ft. to 4,345 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the City Planning Commission in August 1996. The lots range in size from 15,113 sq. ft. to 20,775 sq. ft. and are located within an R -1- 12,500 zoning district. Walgren presented the staff report. The public hearing was opened at 8:35 p.m. Ray Nasmeh, applicant's representative, reported that all of the homes had been completely redesigned in terms of floor space and elevations and that they are compatible in bulk and height with the surrounding area. Patrick commented that the site is overrun with weeds and is a fire hazard; she asked when the weeds would be removed (7 -10 days). In response to her question about the number of wood - burning fireplaces, she was told there is one wood - burning fireplace in the family room of each house. The public hearing was closed at 8:42 p.m. Martlage found the facades of the redesigned houses to be more attractive. She was concerned that the garage access faces the street and felt that if this could not be changed, the color of the garage should be the same as the bulk of the home so as to reduce the visibility of the garage. She was not pleased with the configuration of Lots 4 and 7 and thought the garage should be moved to the other side of the house in both cases. Page agreed and had the same concerns with Lots 4 and 7. Bernald thanked the applicants for working with the Commission. She felt the triangular pie- shaped entryways Should be changed on half the homes and questioned whether the garage doors could be turned away from the street. Kaplan said the roofing materials should be varied, eliminating the red Mission tiles and using flatter, tile roofing to resemble shake. Walgren passed the materials board to the Commissioners. Kaplan felt that breaking up the appearance of so much concrete would be an improvement and would like to see different driveway treatments. Patrick said the houses are now compatible with the surrounding area but would like to see different roof lines and relocation of the driveways on Lots 4 and 7 to shorten them. Planning Commission Minutes Page 5 July 22, 1998 Martlage felt the access to Lot 14 should be reconfigured so that the access would be from Petonia Court. Pierce said the new designs are not as interesting but that they fit better in the surrounding area. BERNALD / PATRICK MOVED TO APPROVE DR -98 -032 WITH CONDITIONS THAT THE GARAGE ACCESS ON LOTS 4 AND 7 BE CHANGED, THAT THE PROPORTIONATELY TALL ENTRY BE MODIFIED ON 8 OF THE 15 HOMES, THAT THE SPANISH MISSION TILE BE ELIMINATED AND THE ROOF MATERIALS BE MORE FLAT AND COMPOSITE, THAT THERE BE A VARIETY OF DRIVEWAY MATERIALS, AND THAT THERE BE ONE WOOD- BURNING FIREPLACE; MOTION PASSED 6 -0. DIRECTOR ITEMS • Walgren reviewed results of the appeals of the Jayakumar and Neogy projects heard at the 7/15/98 City Council meeting. • The joint meeting with Planning Commission and the City Council to be held 9/8/98 was discussed. • Walgren raised the issue of action minutes versus verbatim minutes of the Commission meetings. COMMISSION ITEMS • Martlage had attended a meeting of the Bicycle Advisory Committee and reported that a letter would be forthcoming from Parks & Recreation stating they want to work with the Planning Commission regarding bicycle and equestrian trails. COMMUNICATIONS W rittvn • City Council Minutes dated July 1 and July 7, 1998 ADJOURNMENT AT 9:15 P.M. TO NEXT MEETING • Wednesday, August 12, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, July 8,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage, Murakami and Patrick Absent: None Staff: Director Walgren, Planning staff Crowley Pledge of Allegiance Minutes - June 10 and June 24, 1998 THE MINUTES OF JUNE 10 WERE APPROVED 5 -0 (MURAKAM.I ABSTAINED). THE MINUTES OF JUNE 24 WERE APPROVED WITH CHANGES 5 -0 (MARTLAGE ABSTAINED): • Page 2, paragraph 10 (Blackwell /Hassler): Correct the sentence to read `Bernald asked about the configurcalion of the lots." in lieu of "Bernald asked about the size of the lots." Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 2, 1998. Technical Corrections to Packet None CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -066 (APN 503 -31 -055) - COTRAN, 14158 Dorene Court; Request for Design Review approval to construct a new 4,855 sq. ft., two -story single family residence, 20 ft., 9 in. in height, on a vacant 1.05 acre parcel in the Hillside Residential zoning district. (CONTINUED FROM 6/24/98). Walgren presented the staff report. The public hearing was opened at 7:44 p.m. Sandra Paim, architect, reported she had worked with staff and spoken with neighbors in an effort to make the application sensitive to design standards. She showed representations of revised roofing materials and colors. Planning Commission Minutes July 8, 1998 Page 2 Kaplan asked if the applicants had agreed to staff - recommended changes concerning colors and roofing materials. Bernald wondered if the roofing material might be changed to something more slate -like and asked about the two skylights on the lower level floor plan. Kaplan inquired whether the gate identified on the plans is actually a gate or simply an entry into the driveway. Walgren explained that the plans call for a wrought iron fence and an entry gate, and stated that all fencing details will be reviewed and the gate will be a maximum height of five feet. Kaplan asked that the approval resolution include a condition that there will be one wood - burning fireplace. The applicants did voluntarily agree to limit the structure to no wood - burning fireplaces. The public hearing was closed at 7:55 p.m. Martlage found the revised roof tile preferable to terra cotta, and was pleased with plans to soften the balustrade. Patrick was pleased that the colors will be changed but would prefer to see more wood; she does not like the design and cannot approve. Bernald concurred with Martlage. Murakami felt the new roof materials are an improvement. Kaplan did not care for the design. Pierce liked the design and can approve. BERNALD / MARTLAGE MOVED TO APPROVE DR -97 -066; MOTION PASSED 5 -1 (PATRICK OPPOSED). 2. DR -98 -019 & V -98 -005 (503 -22 -102) - CAMPBELL, 20731 Marion Road; Request for Design Review approval to add 2,216 sq. ft. to an existing 3,084 sq. ft. main residence at a height of 23.5 ft. where 18 ft. is existing. The structure is known as the Pollard House and is listed on the City's Heritage Inventory. The site is two acres, located within an R -1- 12,500 zoning district. Variance approval is necessary to allow the square footage to exceed the maximum permitted for a parcel in the R- 12,500 zoning district. Walgren presented the staff report. Kaplan felt the profile of the house is very long and wondered if the look would be better if the garage were detached. She asked if the applicants would be able to add additional buildings or pools to the property. Walgren responded that the property could be subdivided, yielding up to three or four parcels. Patrick commented that the existing barn and garage do not appear to be of any heritage value. Pierce questioned whether the Commission could put a deed restriction on the property so that it would not be further developed in the future. Walgren responded that the State Map Act and the City's zoning requirements do not give this authority to the Commission. The public hearing was opened at 8:10 p.m. Gary Campbell, applicant, discussed the history of the property. He felt the request for a Variance is justified, as they Planning Commission Minutes Page 3 July 8, 1998 are trying to maintain the original house, and said they had no interest in subdividing, which would be limited by the mature trees. IA is adjacent neighbors are in agreement with the project. Dennis Burrow, architect, was present to respond to technical questions and concerns of the Commission. Martlage asked if consideration had been given to moving the house more toward the back. Patrick did not like that the garage doors face the street and asked if the garage could be pushed further back. Kaplan suggested the applicant's recreational vehicle could be stored in the barn and the garage built on the side. Neighbors spoke in favor of the project and were pleased that the proposed additions are compatible with the existing architecture and surroundings. They were interested in preserving the orchard and the heritage of Saratoga and felt the proposed construction accomplishes these objectives as well as preserving the Pollard home. Bernald said that talking with the Campbells had been helpful. She felt that the sliding doors and the windows are not compatible with Victorian style and wondered if they could be changed, also that the large bays in the garage are a modern feature on a Victorian house. Patrick did not like the placement of the garage and felt that it did not fit with the style of the house. Martlage questioned the compatibility of the garage with the house. Kaplan noted that the garage is larger than the traditional size and wondered if the applicants plan to pave the road in that area. MUrakami asked how the house would be affected by removal of some of the height. The public hearing was closed at 8:50 p.m. Kaplan appreciated the efforts to preserve the historic building but felt that some of the character is lost by the addition of a garage. She would like to see a break in the long "railroad car" effect and would not be able to approve with the garage in its proposed location, feeling it detracted from the house. Murakami also appreciated the efforts to preserve, but felt the garage is too large and that reducing its size would enhance the look of the house. Bernald concurred with the other Commissioners. She felt the applicants and staff should continue to work together and find a way to move the garage back. Patrick felt the garage is not located where it should be and that pushing it back would be an improvement. She could not support the application with the garage located where it is. Martlage concurred that the garage is incompatible and not appropriate, and that the design is too linear. Pierce felt the garage is too large. The public hearing was reopened and the item continued to the 7/22/98 Study Session, for discussion of preliminary conceptualized plans, and revised drawings and layouts. Planning Commission Minutes July 8, 1998 Page 4 3. DR -98 -003 (APN 503 -78 -029) - DOUGLASS, 22111 Villa Oaks Lane (Lot 11);. Request for Design Review approval to construct a new 6,566 sq. ft., two -story residence on a vacant 4.89 acre parcel located in a Hillside Residential zoning district. Walgren presented the staff report. The public hearing was opened at 9:10 p.m. Bernald reported that two letters had been received concerning equestrian pathways and questioned whether the Planning Commission could deal with the issues raised in the letters. Walgren stated the City is working on these matters with the Parks & Recreation Department. The applicants were present and said that their architect and civil engineer were available to answer questions. Kathy Williams, architect, said she had worked with the applicants to create a contemporary and low - profile home. They had lowered the ceiling height, removed the terrace from the lower level, and reduced the overall length of the house, for a 200 square foot reduction. She gave a presentation showing the effect of the revisions. Patrick liked the look of the copper gutters and asked what treatment would be used to preserve them. M:urakami commented that there was a large amount of cut and fill. Martlage inquired about the geological stability of the swimming pool. Teri Lynn Baron, Via Escuela Drive, requested that a trail be created to connect with the dedicated easement. Pierce responded that the Commission cannot create a new trail on the applicants' property. The public hearing was closed at 9:30 p.m. Patrick felt that the house is not located where it should be and did not like the amount of impervious coverage. Bernald liked the design but could not approve of the size and placement, lack of privacy, and potential landslide situation on the lot. Murakami liked the design of the house but felt there should be modification to the pad and the house moved back. Kaplan felt there would be privacy issues due to the house being on a prominent site. Martlage concurred and said she would like to see additional changes. Pierce felt the house is too big for the pad and requested further redesign. The public hearing was reopened and the item continued to the 8/12/98 regular meeting, for revised plans. CHAIR PIERCE REQUESTED A BREAK FROM 9:40 TO 9:50. 4. DR -98 -021 (APN 397 -18 -093) - MORAN, 14725 .Live Oak Lane; Request for Design Review approval to construct a first and second story addition of 1,397 sq. ft. to an existing 4,188 sq. ft., single story structure Planning Commission Minutes July 8, 1998 located in an R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 9:52 p.m. The applicant stated her agreement with the staff's recommendations. Kaplan asked if the fireplaces are new or if they are pre - existing. The public hearing was closed at 9:54 p.m. Page 5 Murakami appreciated the cross - section of the addition shown on the plans and would be able to approve the project. Bernald, Patrick and Kaplan could also approve. Martlage liked the design and felt it had a positive effect. Pierce would be able to approve the project. BERNALD / MARTLAGE MOVED TO APPROVE DR -98 -021; MOTION PASSED 6 -0. 5. DR -96 -056.1 & UP -96 -016.1 (APN 393 -01 -024, 025, 026, 027, 028 & 393 -02 -003) - SARATOGA COURTYARDS, LLC /ARGONAUT ASSOCIATES, Saratoga - Sunnyvale Road & Blauer Drive; Request for modification of Design Review and Use Permit approval to redevelop and expand the Argonaut Shopping Center by adding approximately 10,000 sq. ft. to the existing Safeway Supermarket, renovating the existing Center buildings and constructing two new free - standing buildings. The modification request is to allow the free - standing building approved for Pad B at the southeast corner of Saratoga - Sunnyvale Road and Blauer Drive to be separated from the overall project approval so that they may proceed with construction of that building independent of the overall project. The conditions of approval required that construction of the free - standing buildings occur simultaneously with the renovation of the Center, in order to ensure that the renovation did occur. Walgren presented the staff memorandum. The public hearing was opened at 9:59 p.m. Anthony Morici, applicant, explained the background of the project, noting there are specific plans and building issues for Pad B, also that he has met with Public Works staff. Martlage asked if the seller of the property had disclosed the condition of the building. Denise Levy, Regan Lane, stated that the residents will be affected by changes at the Center and expressed concern about the types of businesses to be there as well as increased traffic. She wondered if traffic hours could be restricted. Pierce responded that that particular issue could not be addressed at this hearing. Chris Hawks, Blauer Drive, concurred that the residents will be affected by changes in the Center and by the retail businesses that will go in there. He felt that the application for Pad B should remain connected to Pad A (main center) and recommended denial of the project. Planning Commission Minutes _ Page 6 July 8, 1998 Morici said that Mauer Drive will be improved with landscaping and responded to Hawks' questions. The public hearing was closed at 10:14 p.m. Bernald did not like the proposed architecture. She shares the frustration that the project has not been completed and would not be able to vote in favor of the project at this meeting. Patrick expressed concern about the poor condition of the Center and said she would not vote in favor of the project, nor would she vote to approve separation of Pad A and Pad B. Martlage did not care for the design as it exists. As the original approval was granted previously and she is a new member of the Commission, she said she would probably abstain. Kaplan expressed dissatisfaction with the condition of the Center and said she could not vote to change something that had been voted on previously. Murakami agreed with the other Commissioners. Pierce felt there was no reason to change the project. KAPLAN / MARTLAGE MOVED TO DENY DR -96- 056.1 & UP -96- 016.1; MOTION PASSED 5 -0 (MARTLAGE ABSTAINED). 6. DR -96 -056.2 & UP -96 -016.2 (APN 393 -01 -024, 025, 026, 027 & 028) - WHITLOW /ARGONAUT ASSOCIATES, Saratoga - Sunnyvale Road & Blauer Drive; Request for modification of an approved project to remove or reduce a required soundwall between the Argonaut Shopping Center and adjacent properties to the north and east. Walgren presented the staff report. Bernald wondered if the Center has anything to say if the Commission recommends the wall not be built, and if the City has liability. Walgren responded that the City would not incur any liability as a result of waiving the soundwall at the neighbors' request. The public hearing was opened at 10:26 p.m. Robert Whitlow, applicant, represented seven out of nine homeowners regarding the soundwall, all of whom felt the wall is not necessary, and that noise and traffic are not a problem. Neighbors also spoke in opposition to the wall; they were concerned about people writing on the wall and wondered If the pedestrian access for the neighborhood, currently at the northeast corner, would be maintained. Murakami asked why there had been no complaints when this was first brought to the Commission. Whitlow responded that he was not aware that a wall would be built. Martlage was concerned about the RV path under the tree canopy and over the tree roots. Denise Levy, Regan Lane, commented that the only noise heard is from the air conditioners, which are located above roof level and higher than the soundwall. She was opposed to a wall because it meant that trees would be removed, and felt the wall would encourage problems with trash, rats and drainage. Planning Commission Minutes _ Page 7 July 8, 1998 The public hearing was closed at 10:40 p.m. Martlage was concerned about the aesthetics of the soundwall and felt that having a break for pedestrians defeats the purpose of the wall. Patrick noted that the neighbors originally wanted a soundwall, that there should be no access to and from the back yards, and that she was not in favor of changing what had been previously approved. Kaplan was not in favor of making any changes to the Center. Murakami understood the convenience to the neighbors of having access to and from the Center but questioned whether there were safety and legal issues of not allowing the wall to be built. He also said that the wall is not high enough to prevent the transmission of sound. Bernald agreed. She was in favor of building the wall on the north side, with the walkway maintained. Pierce said that the owner of the shopping center was not opposing the wall. Murakami and Martlage felt the wall should be built adjacent to the properties on the north. Kaplan and Patrick were opposed to any changes. BERNALD / MURAKAMI MOVED TO APPROVE DR -96 -056.2 & UP -96- 016.2; MOTION PASSED 4 -2 (KAPLAN AND PATRICK OPPOSED). 7. DR -98 -017 (APN 397 -42 -018) - PINN BROTHERS, 14168 Taos Court (Lot 6); Request for Design Review approval to construct a new one - story, single family residence, 5,521 sq. ft. in size, 20 ft. in height, on a vacant 59,289 sq. ft. lot in the R -1- 40,000 zoning district. Walgren presented the staff report. Patrick asked what had been changed since the original plan. Walgren responded that the changes were in terms of envelope and massing, and that modifications had been made to the design of the entryway. The public hearing was opened at 10:55 p.m. Chuck Bommarito, applicant's representative, showed a rendering of the first house, then showed how the changes would affect the overall design. He said the living area had been reduced by 13 %, that there was a change in the exterior elevation, and that a 275 square foot porch was removed. The modifications were done in order to bring the home more into conformance and make it look like a Saratoga ranch style home. Kaplan asked about the driveway material. She felt the home is well separated from the neighbors, that it follows the topography, and that it has a good floor plan and design. Martlage inquired what the differences were among the plans from January, February and today. Patrick asked if the landscape wall was against the house; she was told that it was not, its purpose was to soften the exterior. Planning Commission Minutes Page 8 July 8, 1998 The public hearing was closed at 11:05 p.m. Murakami reported that he had met with Bommarito 1' /z months ago to go over the plans. Kaplan had no problem with the design and felt it was compatible. Murakami felt the original perception was too large; after reviewing the plans and the changes, he can approve. Bernald would support the plan. Martlage felt the plan has not changed sufficiently is still not compatible with Condition #24 of the Tentative Map Resolution for the subdivision. Patrick concurred; she would prefer that the exterior be wood, and cannot support. Pierce was able to support the project. KAPLAN / BER.NALD MOVED TO APPROVE DR -98 -017; MOTION PASSED 4 -2 (MARTLAGE AND PATRICK OPPOSED). DIRECTOR ITEMS • Walgren advised the Commissioners that a joint meeting with the City Council is scheduled for September 8th. • Walgren announced that a new Planning Commissioner, Chuck Page, has been selected; he will be sworn in at the July 15th City Council meeting and will attend the next Commission meeting on July 22nd. COMMISSION ITEMS • Bernald noted that part of the field next to the San Jose Symphony Showcase house has been plowed, and thanked Walgren for this effort. • The City's arborist had been out to the Shah property and reported that the tree is not damaged but that the fencing is down. Penalties will accrue as long as the fencing is not in place. • A resident's attorney contacted Commissioner Bernald concerning tennis court lights wanted by the resident. COMMUNICATIONS Written • City Council Minutes dated June 17, 1998 • Notices for Planning Commission Meeting of July 22, 1998 ADJOURNMENT AT 11:30 P.M. TO NEXT MEETING • Wednesday, July 22, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, June 24,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Murakami and Patrick Absent: Commissioner Martlage Staff: Director Walgren, Planning staff Crowley Pledge of Allegiance Minutes Minutes from June 10, 1998 meeting will be considered at the July 8, 1998 meeting. Oral Communications None. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 19, 1998. Technical Corrections to Packet Item #1 (Cotran): The applicants have provided requisite information concerning resolution of geotechnical issues and have requested a continuance to the 7/8/98 public hearing. Item #2 (Blackwell /Hassler): The smallest lot size will be 13,000 square feet, not 13,500 square feet as shown in the staff report. CONSENT CALENDAR DR -97 -066 (APN 503 -31 -055) - COTRAN, 14158 Dorene Court; Request for Design Review approval to construct a new 4,955 sq. ft., two -story single family residence, 20 ft. in height, on a vacant 1.05 acre parcel in the Hillside Residential Zoning District. (REQUEST FOR CONTINUANCE TO 7/8/98). PATRICK / BERNALD MOVED TO APPROVE CONTINUANCE OF DR -97 -066; MOTION PASSED 5 -0. PUBLIC HEARINGS 2. SD -97 -002 (APN 397 -28 -047, 048 & 397 -29 -004) - BLACKWELL/HASSLER, 14000 Alta Vista Avenue; Request for Vesting Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots ranging in size from 1.3,500 to 34,000 sq. ft. each. The project site abuts the Saratoga Creek to the south and is heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The property is located within an R -1- 12,500 zoning district. Planning Commission Minutes June 24, 1998 Page 2 An environmental Initial Study has been prepared for this project and is available for review at the City of Saratoga in the Planning Division offices at the above address. (CONTINUED FROM 6/10/98 AT THE REQUEST OF THE APPLICANT). Walgren presented the staff report. Patrick said the initial study completed last year recommended a subsequent study be performed, and that this revised information had not yet been received. The public hearing was opened at 7:43 p.m. William Heiss, civil engineer, provided a presentation describing the previous layout of the property and how it had been developed. He also discussed existing trees and those to be removed, a landscape restoration plan, and mitigation measures. The applicant asked to start the architectural review process before the final map is recorded. Patrick asked why the additional studies had not been done before now. Pierce asked to see the location of the current driveway. Walgren stated that there could be no Design Review of the individual homes until the final map has been recorded. Neighbors felt the density of the entire project should be decreased and were concerned about increase in traffic, significant noise impact, loss of privacy, and the issue of safety for their children. They felt the traffic study was inadequate and wanted to verify information from other developments. Bernald asked about the configuration of the lots. Pierce wondered if the neighborhood residents would be willing to pay for an additional traffic study to refute the one presented. Patrick commented that speed bumps Might help to reduce traffic speed. She also felt that five homes are not conducive to the neighborhood, but that the setting would be lovely for fewer homes. Barrie Coate, arborist, agreed that a large part of the property is dense in terms of tree growth; he stated that problem trees could be replaced and that protection could be put around certain trees to save them and provide screening. Kaplan did not like the configuration and was opposed to the flag lot. The public hearing was closed at 9:05 p.m. Patrick felt the constrained site and its many trees presented a challenge and wondered if other possibilities existed for access. Pierce was concerned about the other three lots on Alta Vista and felt a study session would be appropriate to discuss all the lots and options available. Kaplan, Murakami and Bernald agreed the issues should be reviewed again and that the discussion should be continued to a study session. Planning Commission Minutes June 24, 1998 Page 3 The public hearing was reopened and the item continued to a study session 7/8/98 for further discussion. CHAIR PIERCE REQUESTED A BREAK FROM 9:20 TO 9:30. 3. LL -98 -002 & V -98 -004 (397 -28 -031) - BLACKWELL PROPERTIES, 20345 Williams Avenue; Request for Lot Line adjustment to relocate an existing property line six feet between Lot 22 (Parcel A) and Lot 23 (Parcel B) of the Williams Tract. Variance approval is required to allow Parcel B to be reduced in size by 920 sq. ft. from its current size of 9,940 sq. ft. Parcel A will increase in size from 7,670 to 8,590. The combined parcels are 17,610 sq. ft. and are located in an R- 1- 10,000 zoning district. Walgren presented the staff report. Kaplan confirmed that the lot line adjustment is being proposed to prevent the property line going through the existing home on Parcel A. The public hearing was opened at 9:39 p.m. William Heiss, civil engineer, discussed the reasons for the proposal for a lot line adjustment and remodel of the home on Parcel A. Neighbors asked whether building permits had been issued and wondered if the house on Parcel A, which they felt was not a buildable lot, would be torn down or remodeled. Heiss responded that they plan to remodel the existing house; the lot line adjustment would provide a six foot setback to this house on Parcel A and that it does not impact Parcel B. Bernald asked if the garage would remain on Parcel A. Kaplan asked if the two parcels could be merged into a conforming lot. Walgren responded that the City did not have the authority to require that these two legal lots of record be merged into a single lot. The public hearing was closed at 9:55 p.m. Patrick, Bernald, Murakami and Pierce were not opposed to the project. Kaplan recommended retaining the large trees on Parcel B, but felt she could approve the project. PATRICK / BERNALD MOVED TO APPROVE V -98 -004; MOTION PASSED 5 -0. PATRICK / BERNALD MOVED TO APPROVE LL -98 -002; MOTION PASSED 5 -0. 4. DR -98 -010 & V -98 -001 (APN 503 -26 -028) - BAGNAS, 14005 Wildwood Way; Request for Design Review approval to construct a new 1,990 sq. ft., two -story single family residence, 22 ft. in height, on a 3,572 sq. ft. parcel in the R -1- 10,000 Zoning District. Applicants also request Variance approval for reduced setbacks for the first and second stories of the proposed structure. Walgren presented the staff report. Planning Commission Minutes June 24, 1998 Pierce asked what style of house is being proposed. Page 4 Murakami said it was not unusual to see constraints on all lots in this neighborhood and that similar Variances have been granted in this tract. Bernald wondered if the driveway were accessible with the gate located where it is; she felt the old gate should be replaced with something newer. Kaplan felt the gate was superfluous; the street is private and residents can choose to close it off. Patrick recommended removal of the existing poorly maintained vegetation along the gate so that sufficient room exists for emergency vehicles. The public hearing was opened at 10:05 p.m. The applicant stated their intention to remove vegetation and to move the gate for the safety of the neighborhood. Kaplan felt the house appears to be three stories and very large, and wondered if the applicant had considered a basement to lower the profile of the house. Patrick asked if the applicant had plans for a sidewalk. Neighbors felt the house would add to the neighborhood, but wanted to keep the chains up on both sides of the street. Patrick asked if the chains could be moved to provide more parking for the neighbors. The public hearing was closed at 10:16 p.m. Bernald felt the Design Review and Variance pose no problem; she was concerned about the posts but did not know if moving them will help the parking situation. She would be able to support the project. Murakami liked the design. Kaplan would not be able to support the project. Patrick felt the house is too large and massive. Pierce liked the house and felt that the design changes staff required and the added wood siding make it acceptable and a nice addition to the neighborhood. BERNALD / MURAKAMI MOVED TO APPROVE V -98 -001; MOTION PASSED 3 -2 (KAPLAN AND PATRICK OPPOSED). MURAKAMI / BERNALD MOVED TO APPROVE DR -98 -010 WITH MODIFICATIONS; MOTION PASSED 3 -2 (KAPLAN AND PATRICK OPPOSED). 5. AZO -98 -001 - CITY OF SARATOGA; Consideration of proposed amendments to Article 15 of the Municipal Code - the Saratoga Zoning Ordinance. Amendments would include revisions to the Building Floor Planning Commission Minutes June 24, 1998 Page 5 Area and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review processes and the Sign Ordinance. New regulations are also proposed that would include a restriction on the number of wood burning fireplaces allowed and the creation of a creek protection setback for new construction. Lastly, staff is proposing amendments to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. Walgren presented the staff memorandum. The public hearing was opened at 10:35 p.m. Walgren summarized the proposed ordinances. Each of the ordinances was addressed separately, and the Commission discussed whether to recommend or not recommend these to the City Council. The public hearing was closed at 10:55 p.m. PATRICK / KAPLAN MOVED TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENTS WITH CHANGES BY ADOPTING RESOLUTION AZO -98 -001; MOTION PASSED 5 -0. DIRECTOR ITEMS • Candidates for the vacancy on the Planning Commission would be interviewed at the July 1 Council meeting. • The Jayakumar and Neogy appeals will be heard at the July 15 Council meeting. • Annexation along Mt. Eden Road at the northeast corner of the City was discussed. • The Community Service Officer will be on vacation the weeks of July 6 and 13. • Walgren will be on vacation the weeks of August 17 and 24. • November 11 is a legal. holiday; the Commission meeting scheduled for that date will be held Tuesday, November 10, with site visits on Monday, November 9. COMMISSION ITEMS COMMUNICATIONS W rittvn • City Council Minutes dated June 3 and June 9, 1998 • Notices for Planning Commission Meeting of July 8, 1998 ADJOURNMENT AT 11:00 P.M. TO NEXT MEETING • Wednesday, July 8, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, June 10, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Martlage and Patrick Absent: Commissioner Murakami Staff: Director Walgren, Staff Planner Ratcliffe Pledte of AllelZiance Minutes - May 1.3 and May 27, 1998 PATRICK / BERNALD MOVED TO APPROVE THE MINUTES OF MAY 13; MOTION PASSED 4 -0 (BERNALD ABSTAINED). BERNALD / KAPLAN MOVED TO APPROVE THE MINUTES OF MAY 27; MOTION PASSED 3 -0 (MARTLAGE AND PATRICK ABSTAINED). Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 5, 1998. Technical Corrections to Packet None. CONSENT CALENDAR 1. SD -97 -002 (APN 397-28-047,048 & 397 -29 -004) - BLACKWELL/HASSLER,14000 Alta Vista Avenue; Request for Tentative Subdivision Map approval to subdivide a 2.6 -acre parcel into five individual lots ranging in size from 13,500 to 34,000 sq. ft. each. The project site abuts the Saratoga Creek to the south and is heavily wooded. There is an existing home, a cottage and several accessory structures on the site. The property is located within an R- 1- 12,500 zoning district. An environmental Initial Study has been prepared for this project and is available for review at the City of Saratoga in the Planning Division offices at the above address. (CONTINUED TO 6/24/98 AT THE REQUEST OF THE APPLICANT - IN RESPONSE TO NEIGHBORS' REQUEST FOR ADDITIONAL TIME TO REVIEW PROPOSAL). Planning Commission Minutes June 10, 1998 Page 2 2. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to construct a 1,098 sq. ft. single story addition to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R- 1- 10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 15 feet. (CONTINUED FROM 5/27/98). PATRICK / BERNALD MOVED TO APPROVE THE CONSENT CALENDAR; MOTION PASSED 5 -0. PUBLIC HEARINGS 3. DR -98 -008 (APN 389 -16 -003) - SALAH, 13033 Montrose Street; Request for Design Review approval to construct a new 31985 sq. ft. , two -story single family residence, 24 feet, 8 inches in height, on a vacant 14,330 sq. ft. parcel in the R- 1- 10,000 zoning district. A foundation from a destroyed home currently exists on the site. Walgren presented the staff report. The public hearing was opened at 7:42 p.m. The applicant said he had worked with Planning staff on three revisions to the plans, stating that the house has been set back from the street and that the area is under renovation. The public hearing was closed at 7:45 p.m. Patrick was not in favor of the second story and did not feel that this location is appropriate for a two story home. Martlage did not feel the floor area exception is appropriate. Bernald would approve the project, but stated this does not set a precedent. Kaplan and Pierce felt the two story home is appropriate but could not support the exception to the square footage reduction. KAPLAN / MARTLAGE MOVED TO APPROVE DR -98 -008 WITH MODIFICATIONS TO DENY THE FLOOR AREA REDUCTION EXCEPTION; MOTION PASSED 4 -1 (PATRICK OPPOSED). 4. DR -98 -013 (APN 517 -20 -033) - LUNDSTROM, 14780 Montalvo Road; Request for Design Review approval to construct a new 3,871 sq. ft., single story residence, 22 feet in height, on a 20,299 sq. ft. parcel in the R -1- 20,000 zoning district. Walgren presented the staff report. The public hearing was opened at 7:53 p.m. Park Miller, architect, discussed the project. Kaplan asked if both fireplaces used gas only; applicant replied that both had gas starters. Planning Commission Minutes June 10, 1998 Page 3 Patrick asked if the driveway goes up to the property line; applicant responded yes, that this was done to allow room for a car to turn around. Walgren explained that with this configuration, the 26 feet is necessary. Patrick was concerned about the amount of paving. Kaplan was also concerned about the amount of paving and trees #4 and 96; she wondered if it would be possible for the garage to be entered off Montalvo. The applicant will comply with the arborist's suggestions and conditions. The public hearing was closed at 8:02 p.m. Martlage had concerns about the paving and "guest parking" which she felt infringes on the entryway; she also hates to see the wisteria lost. Bernald concurred with Martlage. Kaplan thought the garage should be moved so as to reduce paving. Patrick concurred with the other Commissioners and felt the garage should open the other way. Pierce thought the paving and pervious paving are fine given the size of the lot; he felt the design is good and should not be changed. KAPLAN / BERNALD MOVED TO APPROVE DR -98 -013 WITH MODIFICATIONS TO THE DOOR FACING MONTALVO ROAD; MOTION PASSED 4 -1 (PIERCE OPPOSED). 5. DR -98 -012 (APN 510 -05 -030) - JUNGE and NIX, 19600 Saratoga -Los Gatos Road; Request for Design Review approval to construct a two story addition totaling 1,994 sq. ft. to an existing single story residence of 3,253 sq. ft. on a 1.1 acre lot in the R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 8:10 p.m. The applicant gave a presentation. Bernald asked questions regarding the circular driveway. The public hearing was closed at 8:14 p.m. Bernald had no problem with the design, but would like assurance that cars will not be parked outside. Kaplan and Patrick felt the project was appropriate. Martlage thought the entryway was nice. Pierce liked the project. Planning Commission Minutes Page 4 June 10, 1998 PATRICK / KAPLAN MOVED TO APPROVE DR -98 -012; MOTION PASSED 5 -0. 6. DR -98 -006 (397 -08 -070) - DOLES, 15280 El Camino Grande; Request for Design Review approval to demolish an existing single story residence, guest house and detached garage totaling 6,736 sq. ft. and construct a new single story residence and guest house totaling 6,381 sq. ft. on an existing 3.5 acre parcel located in the R -1- 40,000 zoning district. Walgren presented the staff report. Kaplan asked if the property could be subdivided; Walgren responded that it could. Pierce asked if the Commission could prohibit subdivision of the property. Bernald felt that tree 431, a Canary Pine, was a fine specimen. The public hearing was opened at 8:23 p.m. Marty Oakley, applicant's architect, discussed impervious coverage on the property and that the proposed square footage is less than the existing amount. Kaplan asked the architect to discuss fireplaces (two wood - burning, one gas only in master bedroom and all had gas starters), and trees on the property (there are many trees and shifting the house would affect the other trees). Martlage felt it would be a shame to lose the older architectural elements and asked if these would be sold or demolished; the applicant responded that the architectural features of the house would be salvaged. Pierce asked about grading. Bernald felt the tree protective fencing was OK. The public hearing was closed at 8:30 p.m. Kaplan said the house was nice house but that she liked the old house; as long as the trees are protected, she would be able to approve. Patrick liked the old house, but had no major objections. Martlage concurred with Patrick and would have liked the old design. Kaplan wanted two gas- burning fireplaces. Bernald concurred with Patrick and Martlage, and felt the design was acceptable. Pierce liked the design. .KAPLAN / MARTLAGE MOVED TO APPROVE DR -98 -006 WITH CONDITIONS; MOTION PASSED 5 -0. 7. DR -98 -011 (386 -52 -018) - HO, 20283 Seagull Way; Request for Design Review approval to add 409 sq. ft. to the first story of an existing 1,596 sq. ft. single story residence and add a new 1,050 sq. ft. second Planning Commission Minutes June 10, 1998 Page 5 story for a total square footage of 3,055 sq. ft. The site is approximately 9,375 sq. ft. located within an R- I- 10,000 zoning district. Walgren presented the staff report. Bernald asked a question about the amount of additional coverage. Kaplan wondered if the windows might be shifted, possibly those on the upper level. The public hearing was opened at 8:50 p.m. The applicant felt the design is good and nicely massed, and said they are sensitive to the privacy issues of the neighbors. Kaplan asked whether the two fireplaces are gas only. Bernald asked the windows and balcony on the back. Nunenkamps expressed concerns about loss of privacy and impact on views. They felt a second story was inappropriate and that a single -story home would be more harmonious with the neighborhood; if the home were a single story, they preferred that the French doors and balcony be removed, or possibly add trees to screen. The applicant stated they would be happy to move the windows to east instead of to the back and /or provide a landscape plan. The public hearing was closed at 9:10 p.m. Patrick and Martlage would be able to approve the project with changes in the windows. Bernald will support the application. Kaplan agreed and stated that, as a matter of policy, each two -story home is handled on a case by case basis. Pierce liked a two -story home being 21 feet tall. PATRICK / MARTLAGE MOVED TO APPROVE DR -98 -011 WITH THE CONDITION THAT THE TWO FIREPLACES BE NON- WOODBURNING, ALSO THAT THE APPLICANTS WORK WITH STAFF AND NEIGHBORS ON AN APPROPRIATE LOCATION FOR THE UPPER FLOOR WINDOWS; MOTION PASSED 5 -0. 8. DR -98 -015 (APN 503 -27 -066) - CLARK, 14241 Springer Avenue; Request for Design Review approval to demolish an existing single story residence and accessory structures totaling 1,633 sq. ft., and construct a new two- story, single family residence totaling 2,707 sq. ft., 22 ft. in height, on a 7,467 sq. ft. lot in the R -1- 10,000 Zoning:District. Walgren presented the staff report. The public hearing was opened at 9:20 p.m. Planning Commission Minutes June 10, 1998 Page 6 The applicant felt their French Country style home is respectful of the environment and said they want to ensure that trees are protected. Kaplan confirmed that all fireplaces are gas and asked if the applicants plan to dig out a cement wall on the property and cover it over. The applicant responded that if the arborist feels the wall should remain, they will go along with that. A neighbor gave his full support to the plan and liked what they applicants are doing; he thought the cement on the property is an old retaining wall. The public hearing was closed at 9:30 p.m. Martlage liked everything about the house. Bernald and Kaplan concurred. Patrick liked the design and felt the neighborhood is doing well; the basement being located close to the creek might present a possible drainage problem, but it wasn't significant. Pierce liked the project,, the neighborhood and the design. MARTLAGE / PATRICK MOVED TO APPROVE DR -98 -015; MOTION PASSED 5 -0. DIRECTOR ITEMS • DR -97 -065 - KRIENS, 18974 Monte Vista Drive; Request for administrative approval of plan revisions. ADMINISTRATIVE APPROVAL WAS GRANTED. • DR -95 -011 - CORNELL, 13626 .Deer Trail Court; Request to modify approved plans. STAFF WAS DIRECTED TO REQUIRE A FORMAL SITE MODIFICATION APPLICATION FOR THE PROPOSED CHANGES. • A ceremonial gavel was presented to Patrick in recognition of her past service as Planning Commission Chair. • Various code enforcement matters were discussed and updates provided. COMMISSION ITEMS • Bernald reported that the San Jose Symphony Showcase had been successful and wondered when the field would be plowed. • Patrick asked if accessory structures on that site were permitted? Walgren will follow up. • There was a discussion of the Bellicitti property on Quito Road; Walgren will follow up on the issues raised. • The Commission reviewed two letters received regarding equestrian trails. Planning Commission Minutes June 10, 1998 COMMUNICATIONS Written • City Council Minutes dated May 20 and May 26, 1998 • Notices for Planning Commission Meeting of June 24, 1998 ADJOURNMENT AT 9:50 P.M. TO NEXT MEETING Wednesday, June 24, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA Page 7 CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, May 27,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Bernald, Kaplan, Murakami Absent: Commissioners Martlage, Patrick Staff: Walgren, Ratcliffe Pledge of Allegiance Minutes - April 22 and May 13, 1998 Bernald requested the following modifications to the minutes of April 22, 1998: (Blackwell Brothers) • Page 3, paragraph 7: Correct the second sentence to read "Trees #26 and #33 must be saved..." in lieu of "Trees #26 and #30 must be saved..." (Poellot) • Page 3, last paragraph: Add the phrase "and he approved of the project." • Page 4, paragraph 2: Correct the first sentence to read "...was thankful there were 3 gas fireplaces" in lieu of "...noticed there were 3 gas fireplaces." (San Jose Symphony) • Page 4, Paragraph 11: Correct the spelling of Commissioner Bernald's last name to ` Bernald" in lieu of "Bernard." Correct the last sentence to read "...that soil should be built up to make this area more level near the road" in lieu of "...that something should be placed there to make this area more level." • Page 4, paragraph 16: Correct the first sentence to read "...but preferred using a shuttle, feeling there was a safety concern..." in lieu of "but were against using a shuttle, feeling it was a safety concern..." • .Page 5, paragraph 1: Add the phrase "and asked for discussion." APPROVED AS MODIFIED 3/0 (KAPLAN ABSTAINED) Consideration of the minutes from May 13, 1998 was continued to the meeting of June 10, 1998. Oral Communications None Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 22, 1998. Technical Corrections to Packet Item 3 (Neogy): (a) The terms "hipped" and "gabled" were transposed in the staff memorandum relating to the roof style being proposed. (b) The pool has been relocated from the rear yard to the front yard of the home. Planning Commission Minutes Page 2 May 27, 1998 2. Item 5 (Fitzsimmons): (a) The signature page was not included with the Resolution. (b) Subsection 15 of the Initial Study should show a net increase of 4 new homes, rather than the 12 homes stated. CONSENT CALENDAR 1. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to construct a second story addition of 946 sq. ft. to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R -1- 10,000 zoning district. Proposal will change building height from 1.4 feet, 6 inches to 21 feet, 6 inches. (CONTINUED FROM 4/22/98 - APPLICANTS REQUEST FURTHER CONTINUANCE TO 6/10/98 TO COMPLETE PLAN REVISIONS) 2. DR -97 -067 (APN 386 -53 -006) - LUI, 20380 Seagull Way; Request for Design Review approval to construct a first story addition totaling 1,807 sq. ft. to an existing 1,840 sq. ft. house on a 12,291 sq. ft. lot in the R -1- 10,000 zoning district. (CONTINUED FROM 4/22/98) KAPLANBERNALD MOVED TO APPROVE THE CONSENT CALENDAR; MOTION PASSED 4/0. PUBLIC HEARINGS 3. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval to construct a new 6,489 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential zoning district. (CONTINUED FROM 4/22/98) Walgren presented the staff memorandum. The public hearing was opened at 7:40 p.m. The applicant was present and responded to questions raised by the Commissioners. Kaplan asked if the applicant had considered lowering the profile of the house and using a basement. The applicant responded that the size of the lot makes this difficult. Kaplan asked Walgren what would be involved to lower the house, and how visible it would be. Walgren responded that the house would have to be a one -story with a basement, or a stepped two -story, and that the property is screened by Coast Live Oak and other trees. The public hearing was closed at 7:45 p.m. Kaplan was not happy with the project; she did not like the pool being located in the front of the property; she also felt the house is too big and would like to see it re- designed. Murakami was not comfortable with the way the house sits, feeling the appearance is bulky, and that the modifications did not improve the design. He wondered if a work session might be considered and was not ready to approve. Bernald concurred with Kaplan and Murakami, feeling the location of the pool was not suitable and that the house was not compatible with the lot and the neighborhood. Planning Commission Minutes Page 3 May 27, 1998 Pierce was concerned with the size of the house, stating that while the lot was large, the building pad was small. Tile size reduction of 200 square feet on a 6,600 square foot house was not enough of a reduction to make a difference in the bulk of the house. The applicant was given the option to have the Commission vote or to continue the project. KAPLAN /MURAKAMI MOVED TO DENY DR -97 -060; MOTION PASSED 4/0. 4. SM -98 -001 (APN 517 -23 -020) - BIRENBAUM, 20052 Sunset Drive; Request for Site Modification approval to construct a new rear yard pool with associated spa, arbor and decking on a 2.96 acre parcel located in a Hillside Residential zoning district. The property is currently developed with a 5,111 sq. ft. two -story residence. Walgren presented the staff report. Kaplan clarified that the 4,000 square foot fenced area excluded the pool. The public hearing was opened at 7:50 p.m. Jeff Werner, applicant's designer, said that, after a long discussion, the pool had been proposed on the flattest portion of yard. The public hearing was closed at 7:57 p.m. Bernald was able to support the application, given the dense vegetation. Murakami had no objection. Kaplan concurred; she had been concerned about the slope but after the geotechnical report and inspections, she felt these concerns had been addressed. Pierce felt the isolated location chosen for the pool was a good one. BERNALD / KAPLAN MOVED TO APPROVE SM -98 -001; MOTION PASSED 410. 5. SD -98 -001 (APN 389 -34 -003) - FITZSIMMONS/YAMAOKA DEVELOPMENT, 13480 Saratoga Avenue; Request for Tentative Subdivision Map Approval to divide one 3.24 acre parcel into five single - family residential lots. The lots would range in size from 20,012 sq. ft. to 24,051 sq. ft., permitting home sizes of 4,518 to 4,830 sq. ft. (including garages). An Environmental Initial Study and Negative Declaration have been previously noticed pursuant to the requirements of the California Environmental Quality Act. Walgren presented the staff report. Kaplan was concerned about trees #13, 14, 15 and 16. Bernald asked Walgren if some of the trees could be moved. Walgren responded that they could be transplanted. Planning Commission Minutes Page 4 May 27, 1998 Kaplan also said she had received a call from a resident regarding this project. The public hearing was opened at 8:07 p.m. The applicant's architect concurred with the conditions placed on the project and said that he wanted to stress the Tentative Map, not the structures. Bernald wondered how large the one -story homes would be on Lots 4 and 5 Kaplan asked if the applicant had considered going down (i.e., a basement) instead of up, and wanted to be sure that the public sees the exhibits. Neighbors presented a neighborhood map and a highlighted plan of Area L. They supported single -story homes and requested that the pad elevation be at the natural grade and that the pipe be moved to protect trees, in accordance with the Resolution. They were concerned about drivers making left turns from Ranfre, property value protection, loss of privacy, and asked that more attention be given to the Arborist Report. The applicant said that the Tentative Map had restraints and that the individual homes would be subject to the Design Review process. He said the roof line might be lowered and windows facing adjacent properties removed. Kaplan asked if the applicant had seen Heritage and Kerwin Ranch. The response was yes. The public hearing was closed at 8:40 p.m. Murakami had concerns regarding privacy issues on Lots 4 and 5 and felt they should stay consistent with the past. Kaplan concurred with Murakami and asked Walgren whether Kerwin Ranch is 22 feet. Walgren responded yes. Bernald asked questions regarding the sewer and storm drain lines. The arborist had recommended the lines be relocated, and Bernald wondered if this condition was included in the Resolution. Walgren responded yes. Bernald was impressed with the neighbor turnout. She was concerned that the pad level remain as close to natural grade as possible, felt that the houses should be limited to one story, and had concerns regarding traffic. Pierce concurred and complimented the neighbors and the applicant for their excellent presentations. He felt that two story homes were inappropriate and that the applicant should consider basements; he also felt the pads should be at the current level and raised questions regarding fencing. Kaplan felt the fencing along Saratoga Avenue should be the same as the subdivision to the south. Pierce felt that homes should be one story and that maintaining building pads at the current height will increase property values. BERNALD /MURAKAMI MOVED TO APPROVE SD -98 -001 WITH CONDITIONS; MOTION PASSED 4/0. KAPLAN /BERNALD MOVED TO ADOPT THE NEGATIVE DECLARATION; MOTION PASSED 4/0. At the request of Chair Pierce, there was a break from 8:50 - 9:00 p.m. Planning Commission Minutes May 27, 1998 Page 5 6. DR -97 -059 (APN 503 -16 -092) - BLACKWELL BROTHERS, 18880 Bella Vina Court; Request for Design Review approval to construct a new 6,011 sq. ft. two -story residence on a newly created parcel, Lot 5 of the Bella Vina Subdivision. The site is 40,000 sq. ft. and is located within an R -1- 40,000 zoning district. Walgren presented the staff report and read a letter from a neighbor into the record. The public hearing was opened at 9:01 p.m. Greg Blackwell, applicant, responded to questions. Kaplan was concerned about the three fireplaces and wondered if they were gas or wood burning. The applicant agreed to make one of the fireplaces gas burning only. Bernald asked Walgren about an ordinance relating to fireplaces currently being developed. Walgren responded that the ordinance will be before the Planning Commission at the June 24th meeting, and, if adopted, will become effective in August of this year. The public hearing was closed at 9:08 p.m. Bernald liked the design and the project, but she had concerns with the fireplaces. Murakami liked the design and noted that the Commission has approved other homes without restricting fireplaces. He complimented the applicant for using differing home designs and was willing to approve the project. Kaplan was concerned with the fireplaces; if one fireplace were completely gas and the other two had gas starters, then she would be able to approve. Pierce liked the design and wanted to be consistent with previously approved projects. He suggested that all fireplaces be gas equipped. Pierce stated that Mr. Conrado, a neighbor, liked the design as well. MU.RAKA1vII /BERNALD MOVED TO APPROVE DR -97 -059 WITH CONDITIONS; MOTION PASSED 4/0. 7. V -98 -006 & F -98 -001 (APN 503 -72 -038) - THOMAS, 21550 Saratoga Heights Drive; Request for Variance approval to construct a six foot fence within the front yard setback, the application includes a Fence Exception request to enclose an area in excess of 4,000 sq. ft. in the HR district. The parcel is approximately 2.1 acres. Walgren presented the staff report. The public hearing was opened at 9:17 p.m. The applicant stated that deer eat all vegetation and objected to staff's recommendation that the Variance be denied. Kaplan asked if the applicant has had cars drive over the property. The applicant responded yes. The public hearing was closed at 9:25 p.m. Planning Commission Minutes May 27, 1998 Page 6 Kaplan said that the ordinance regarding fencing is in place for a reason and that she didn't believe that a fence will stop the deer. Murakami did not feel the Commission could make findings for a Variance or a Fencing Exception. Bernald concurred with Kaplan and Murakami and was sensitive to the issue of preserving trees. She was not able to support the application. Pierce disagreed with the other Commissioners, stating that there are many fences in this area. He felt the Commission could grant the fence exception, as he feels it is a reasonable request. Kaplan said that the fact that other fences have been erected illegally, does not mean that it is all right to do so. Walgren brought up the suggestion of using parallel wires. Bernald felt this was a massive amount of fencing and asked if there might be another way to do it. MURAKAMI /KAPLAN MOVED TO DENY V -98 -006; MOTION PASSED 4/0. KAPLAN /BERNALD MOVED TO DENY F -98 -001; MOTION PASSED 3/1 (PIERCE OPPOSED). DIRECTOR ITEMS 1. Walgren provided an update of the project to consolidate the newsracks in the Village and identified Jennie Loft as the point person for this effort. 2. Walgren reported that an honorary gavel will be given to Commissioner Patrick at the next public hearing in recognition of her service as Chair of the Planning Commission. COMMISSION ITEMS Kaplan asked questions about the Old Oak Way property. Walgren summarized the findings and actions taken by Community Development and Engineering inspection staff. 2. Pierce would like to organize a group drive to look at good and bad examples of home designs in other cities. COMMUNICATIONS Written 1. City Council Minutes dated May 6 and May 12, 1998 2. Notices for Planning Commission Meeting of June 10, 1998 ADJOURNMENT TO NEXT MEETING 9:42 p.m. to Wednesday, June 10, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, May 13,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Pierce, Commissioners Martlage, Murakami, Patrick Absent: Commissioners Bernald, Kaplan Staff: Walgren, Ratcliffe Pledte of Allegiance Minutes - April 22, 1998 At the request of Chair Pierce, consideration of the minutes of the previous meeting was postponed until the May 27, 1998 public hearing. Oral Communications None. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 8, 1998. Technical Corrections to Packet Regarding Public Hearing item No. 5 (Cellular One), condition #6 was stricken from the approval Resolution. CONSENT CALENDAR 1. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval to construct a new 6,699 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential zoning district. PATRICK/MARTLAGE MOVED TO CONTINUE DR -97 -060 AT THE APPLICANT'S REQUEST, TO 5/27/98; MOTION PASSED 4/0. PUBLIC HEARINGS 2. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS, 18850 Bella Vina Court; Request for Design Review approval to construct a new 5,219 sq. ft. two -story home on a vacant lot. The site is approximately 75,000 sq. ft. gross, 34,438 sq. ft. net (accounting for the Santa Clara Valley Water District easement). It is accessed by a bridge across Calabazas Creek from Bella Vina Court and is located within an R -1- 40,000 zoning district. This application was previously heard at the Planning Commission meeting of January 28, 1998, and the study session of February 11, 1998. The parcel is Lot 3 of the recently approved Blackwell 6 Lot Subdivision. Planning Commission Minutes Page 2 May 13, 1998 Walgren presented the staff memorandum. Chris Spaulding, applicant's architect, described changes made to the project. John Hulme, 20964 Comer Drive, distributed a letter to the Commission. He was pleased with the screening and stated his support of the project in general, requesting that open space and landscaping be used rather than a redwood fence. Martlage asked a question about the breezeway. Murakami asked the reason for the increase in square footage of the project and was told that the increase was primarily in the breezeway. Patrick liked the plan but was unsure if the Commission should impose fencing conditions. She wanted the fence to reflect the "craftsman" style. Martlage liked the design but wanted to impose guidelines on the fence, and referred this matter back to staff. Murakami felt it was unfortunate that tree #25 will not be saved but liked the design and the decision to keep the large oak tree. Pierce liked the design and the fact that the oak tree will be saved; he wanted the applicant and Mr. Hulme to work together on the fencing issue. PATRICK/MARTLAGE MOVED TO APPROVE DR -97 -028 WITH MODIFICATIONS FOR FENCING, BASED ON THE APPLICANT WORKING WITH STAFF; MOTION PASSED 4/0. 3. DR -97 -062 (503 -75 -010) - JEPSEN, 21756 Congress Hall Lane; Request for Design Review approval to construct a new 5,155 sq. ft. two -story home on a vacant lot. The site is approximately 3 acres, located within the Hillside Residential zoning district. Walgren presented the staff memorandum. Park Miller, applicant's architect, produced a photo simulation showing the views from Tollgate Road and addressed the issues of the paved area and its impact on the neighborhood; impervious coverage; and replacing asphalt with interlocking squares. He commented that a neighbor had recommended a higher retaining wall to avoid extra grading. Martlage asked about the proposed colors of the house. Patrick asked whether interlocking pavers are pervious. The architect felt that pavers would be impervious due to compaction. Neighbors expressed concerns with visual proximity and noise, and suggested there be a higher retaining wall along the driveway, and that the project be relocated 5 feet to the south. Patrick asked what the neighbors meant by a "higher" retaining wall. Planning Commission Minutes 1. Page 3 May 13, 1998 The architect said that the applicant would agree to increase the height of the retaining wall, but that moving the house 5 feet to the south would be problematic. Murakami liked the design and the step -down, and was glad to see the neighbors in agreement. He appreciated the view from Tollgate Road and noted that this house appeared to be lower than existing structures. The lot is constrained and lie felt it would be difficult to move the house. Patrick was concerned about impervious coverage but was willing to approve the project, based on resolution of the height of the retaining wall. She felt that neighbors should not demand an odd placement of the new house, and she did not sense there was a privacy issue. She said she was able to support the project. Martlage appreciated the work the architect had put in for the Study Session and will support the project. Pierce suggested that the neighbors work together to resolve the issue of the retaining wall and was able to support the project. PATRICK/MURAKAMI MOVED TO APPROVE DR -97 -062 WITH THE MODIFICATION THAT STAFF WORK WITH THE APPLICANT ON HEIGHT OF THE RETAINING WALL; MOTION PASSED 4/0. 4. DR -98 -007 (APN 503 -23 -006) - JAYAKUMAR, 14265 Burns Way; Request for Design Review approval to construct a new two -story, single family residence, 4,043 sq. ft. in size, 25 ft. in height, on a 29,020 sq. ft. lot in the R -1- 15,000 Zoning District. A single story residence currently exists on the property. Walgren presented the staff report. The applicant's architect presented color copies of renderings of the second story. He stated that an effort had been made to respect neighbors' privacy by placing the second story away from the nearest neighbor and using low - pitched roof lines. Patrick asked the architect if they had considered putting in a basement, and the applicant responded that a basement had not been considered. Murakami wondered why such a large balcony had been placed in the rear of the house, feeling there might be privacy issues. The applicant stated this would be an eating area and a place for outdoor enjoyment. Neighbors appreciated efforts to reduce the bulk of the house and to create a sensitive design, but expressed concern about the precedent such a large house would set and submitted a letter with 11 signatures in agreement. They felt the house should be built on a smaller scale, more in line with existing homes, and raised questions about the compatibility and bulk of such a large 2 story house, including loss of sunshine and views. The applicant maintained that the design is a good and sensitive one. Martlage asked if neighbors had seen the colored renderings, and the architect responded that they had. Martlage liked the design but not the deck, and wondered why no consideration had been given to a basement. She felt the design was sensitive, but she was not sure that a 2 story home is appropriate in this neighborhood. Patrick liked the neighborhood and felt she might agree to a smaller 2 story house. She felt that the design gave the Planning Commission Minutes Page 4 May 13, 1998 applicant a great view at the expense of the neighbors. She was unwilling to impinge on the neighbors and wondered why there had been no consideration of a basement. Murakami noted that most of the opponents to the project live on Marion, not Burns Way. He felt that anything would be an improvement from what is existing, especially since the applicant has worked with staff and neighbors to mitigate privacy concerns. He felt the size could be reduced, or that a basement might be utilized. Pierce liked the design of the house and felt it was considerate of the neighbors, but questioned whether the design is appropriate to the lot. He did not want to take away from the uniqueness of the neighborhood, and felt that a 1 story house with a basement might be more appropriate. The Commissioners advised the applicant that there were not enough votes to approve the project, and they offered the applicant the opportunity to re- design for presentation at a future public hearing. In lieu of a continuance, the applicant asked for a vote. PATRICK/MARTLAGE MOVED TO DENY DR -98 -007; MOTION PASSED 4/0. 5. UP -98 -005 (403 -24 -001) - CELLULAR ONE, East of Quito Road and Adjacent to Hwy 85; Request for Use Permit approval to install 3 cellular panel antennas on an existing PG &E transmission tower with an associated radio equipment shelter (approximately 160 sq. ft.) to be located directly beneath the tower. The site is located within an R -I- 1.0,000 residential zoning district. An Initial Study and Negative Declaration have been prepared for this project pursuant to the requirements of the California Environment Quality Act. Walgren presented the staff report. Jennifer McCook of Cellular One, applicant's representative, said this project would provide service to Saratoga residents and that the aesthetic impact would be minimal. Martlage questioned the paint colors on the antenna and the structure. Murakami raised questions and received confirmation that there would be no interference with radio transmission, that additional cell sites were needed largely because of an increase in the use of phones in cars, and that application for a site at West Valley College was a few months away. Pierce said there was a similar configuration on Pollard Road, and the applicant confirmed that it belongs to Sprint. He asked if co- location on this site might be a possibility, to which the applicant said that the landlord has requested there be only one carrier. The applicant requested that the Commission make an exception in the process for submitting building plans, as they wished to submit before the end of the appeal period. Walgren said this might be a possibility and that a form is available covering assumption of risk. Cheriel Jensen, 13737 Quito Road, spoke in opposition to the project, raising issues that the Initial Study was inaccurate and violated the City's and County's General Plan, also challenging the aesthetic and health impacts. The applicant's representative responded that the area will be kept clean, that Cellular One is regulated by the PUC, and that the Engineer's report is within the FCC Standards for cellular antennas. Martlage felt the location for this utility is a logical one but that the area needs landscaping. She suggested Planning Commission Minutes Page 5 May 13, 1998 modifications to the approval, including addition of landscaping to screen the structure, elimination of Condition #6 of the Resolution, painting of the antennas to match the tower, and painting of the structure in a light brown, with staff's approval. Patrick concurred that the location is reasonable, that the structure should be painted a light brown, and that the weeds will need to be controlled. Murakami said that the City Council has already determined that a Conditional Use Permit is appropriate for this project, and the FCC has done the same. It is logical that the City allow this project. Pierce did not feel the- existing tower is aesthetically pleasing, but that it is needed. Regarding color, he recommended the applicant work with staff. MURAKAMI /PATRICK MOVED TO ADOPT THE NEGATIVE DECLARATION AND APPROVE UP -98 -005 WITH MODIFICATIONS FOR LANDSCAPING TO SCREEN THE STRUCTURE AND REMOVAL OF CONDITION #6 FROM THE RESOLUTION; MOTION PASSED 4/0. DIRECTOR ITEMS None COMMISSION ITEMS Murakami asked if applications had been received for the vacant position on the Planning Commission. Walgren responded that none had been received as yet, as the vacancy had just been posted in the Saratoga News the previous week. 2. Patrick reported she had been contacted by a resident who said she had not been noticed for the Fitzsimmons project. Patrick assured the resident we would do our best. COMMUNICATIONS Written 1. City Council Minutes dated April 15 and April 21, 1998 2. Notices for Planning Commission Meeting of May 27, 1998 ADJOURNMENT TO NEXT MEETING 9:32 p.m. to Wednesday, May 27, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, April 22,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Martlage, Murakami, Pierce Absent: Commissioners Kaplan, Siegfried Staff: Walgren, Crowley Pledge of Allegiance Minutes - March 25, 1998 Page 6, paragraph 1 (Jepsen): The minutes should be amended to read "...the garage door faces the valley. " in lieu of "... the garage door faces the street. " APPROVED AS MODIFIED 5/0. Oral Communications None Report of Posting Alzenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 17, 1998. Technical Corrections to Packet Walgren reported that the total square footage of the proposed structure in Item #8 (DR -97 -067, Lui) shown as 3,348 square feet, should be 3,308 square feet. CONSENT CALENDAR 1. UP -98 -002 (APN 510 -05 -026) - McCONNELL, 19540 Saratoga -Los Gatos Road; Request for Use Permit approval to construct a 488 sq. ft. pool house with maximum height of 12 feet in a required rear yard, 8 feet from the rear property line of a lot in the R -1- 40,000 zoning district. APPROVED 5/0. 2. DR -97 -063 (389 -37 -041) - CHAN, 13494 Myren Drive; Request for Design Review approval to construct a new two story house, 2,763 sq. ft. in size, 24 feet in height, on a 8,400 sq. ft. lot in the R -1- 10,000 zoning district, currently occupied by a single story house, 1,550 sq. ft. in size and 14 feet in height. CONTINUED AT APPLICANT'S REQUEST FROM 3/11/98. APPROVED 510. Planning Commission Minutes Page 2 April 22, 1998 PUBLIC HEARINGS 3. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for Design Review approval to construct 15 single family residences, ranging in size from 3,857 sq. ft. to 4,229 sq. ft., pursuant to Chapter 1.5 of the City Code. The subdivision of this property was approved by the City Planning Commission in August 1996. The lots range in size from 15,000 sq. ft. to 21,600 sq. ft. and are located within an R.1- 12,500 zoning district. CONTINUED AT APPLICANT'S REQUEST FROM 3/25/98. Walgren presented the staff memorandum. The public hearing was opened at 7:40 p.m. Raymond Nasmeh, applicant's representative, thanked the Commissioners for their review of the plans and stated that wood had been added to several of the designs in accordance with the Commission's request. The public hearing was closed at 7:50 p.m. Commissioner Murakami felt that no changes had been made to homes #4, #7, #11 and #13; that the complete look of the whole project was the same as before; and was not able to approve the application. Commissioner Pierce felt the project was incompatible with the neighborhood and could not support the design. Commissioner Bernald liked homes #7 and #9, but not #13. She felt the designs might fit well in another area, but not in Saratoga and was unable to approve the project. Commissioner Martlage appreciated the work done by the applicant, but felt that preservation of the character of Saratoga is critical. She concurred with the other Commissioners and could not approve the plan. Chair Patrick felt the houses do not fit the character of this ranch style neighborhood and was not able to approve the project. She thought the City would be better served by denying the project, as the compatibility issue is important. BERNALD /MURAKAMI MOVED TO DENY DR -97 -057 WITHOUT PREJUDICE; MOTION PASSED 510. 4. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS, 18850 Bella Vina Court; Request for Design Review approval to construct a new 5,163 sq. ft. two -story home on a vacant lot. The site is approximately 75,000 sq. ft. gross, 34,438 sq. ft. net (accounting for the Santa Clara Valley Water District easement). It is accessed by a bridge across Calabazas Creek from Bella Vina Court and is located within an R -1- 40,000 zoning district. This application was previously heard at the Planning Commission meeting of January 28, 1998, . and the study session of February 11, 1998. The parcel is Lot 3 of the recently approved Blackwell 6 Lot Subdivision. Walgren presented the staff memorandum. The public hearing was opened at 8:00 p.m. Greg Blackwell, applicant, reported that concerns voiced by the Commission had been addressed and showed a landscaping plan to the Commissioners. The house had been rotated 45 °; trees had been moved on the property; the second story had been redesigned and repositioned; a detached garage and landscaping will resolve the problem of Planning Commission Minutes Page 3 April 22, 1998 headlights shining into a neighbor's yard; and the driveway had been moved away from the neighbor's home. John Hulme, 20964 Comer Drive, recognized that the lot is not an easy one on which to build, but he hated to see the loss of natural screening provided by the big trees. They are interested in preserving the two major oak trees, and their recommendation would save trees #26 and #25. Commissioner Pierce asked Mr. Blackwell if he had tried to rotate the house in order to save tree #26; it would be a shame to lose such a beautiful tree. The original design had preserved tree #26. The public hearing was closed at 8:15 p.m. Commissioner Martlage felt the revised plan is much more appealing. If the issue is the tree, it seems a shame to lose it, when rotating the house could save it. Commissioner Pierce felt the new design is an improvement and that tree #26 must be saved, possibly by using the old location with the new design. Proper screening and vegetation could limit exposure to the neighbor's house. Commissioner Bernald appreciated the changes made to the second floor. Trees #26 and #33 must be saved, and this might be accomplished by rotating the house and going back to the other plan. Commissioner Murakami recommended rotating the house to accommodate tree 426, which must be saved. Chair Patrick liked the new design and would be able to approve the original plan if it were shifted slightly. Tile Commission will need to see revised drawings. Regarding the trees, it will not take much to save #26; tree #33 is more questionable and might not survive. Shifting the house to the southwest, modifying the northeast corner, and reorganizing the floor plan will address the neighbor's issues and will save tree #26. The public hearing was reopened and the item was continued at the applicant's request to 5/13/98 to modify the plans. 5. DR -97 -064 (503 -16 -091) - POELLOT, 18860 Bella Vina Court; Request for Design Review approval to construct a new 5,303 sq. ft. one -story home with a 546 sq. ft. detached guest cottage on a vacant lot. The site is approximately 51,000 sq. ft. and is located within an R -1- 40,000 zoning district. The parcel is Lot 4 of the recently approved Blackwell 6 Lot Subdivision. Walgren presented the staff report. The public hearing was opened at 8:20 p.m. Louie Leu, architect, stated that Walgren's concerns had been addressed and that lie realized there would be a considerable amount of grading. Neighbors had no difficulty with the design but felt it is important to preserve native vegetation. Mike Poellot, applicant, said that their plan was to preserve as much of the native vegetation as possible. Commissioner Murakami would like to see more native varieties of trees. Commissioner Pierce stated that Ile had spoken with Mr. Conrado, a neighbor of the project, and he approved of the project. Planning Commission Minutes Page 4 April 22, 1998 The public hearing was closed at 8:30 p.m. Commissioner Bernald felt the color renderings were helpful and was thankful there were 3 gas fireplaces. She would be able to support the project. Commissioner .Murakami liked the design and can support the project. He was concerned about replacement trees but appreciated the applicant's answer to his question. Commissioner Pierce can support the project. Chair Patrick felt that having native vegetation will help the project. BERNALD /1VMARTLAGE MOVED TO APPROVE DR -97 -064; MOTION PASSED 510. 6. TUP -98 -001 (APN 397 -05 -096) - SAN JOSE SYMPHONY, 18450 Sobey Road; Request for Temporary Use Permit to hold the annual Designer Home Showcase from May 9 through June 7, Tuesday through Sunday from 10:00 AM to 4:00 PM (Thursdays until 8:00 PM). Parking for the event will be provided on an adjacent site that the applicants state can accommodate the anticipated 100 to 150 per day visitors. Walgren presented the staff report. The public hearing was opened at 8:40 p.m. Bonnie Radding, applicant's representative, recognized that the Commission is concerned about the parking lot, stating the lot will be the only place to park and that parking will be monitored. Commissioner . Bernald commented that the parking area had been scraped and will be rolled. She had driven by the area and noticed 12 cars parked on the street, not in the lot, and stated that two guards would be needed, one to monitor vehicular traffic and one to direct pedestrians. She also mentioned that the area at the entrance to the parking lot is sloped and that soil should be built up to make this area more level near the road. Commissioner Murakami asked how the situation would be handled if the lot were flooded or becomes muddy. Commissioners Pierce and Martlage had no comments or questions. Chair Patrick confirmed the volume of people expected to attend the event per day and that the parking lot will accommodate 75 -100 cars. Commissioner Bernald asked the cost of a shuttle for the month. Radding stated that the monthly charge would be $18,000 and this is why it a decision was made not to provide shuttle service. Neighbors spoke in favor of the symphony and the showcase home, but preferred using a shuttle, feeling there was a safety concern for the children in the area. They asked that no parking be permitted on Evans Lane and that signs be erected off both sides of Sobey Road indicating that parking there is available only for the showcase. Mrs. Radding stated that more signs can be used to further regulate parking. The public hearing was closed at 9:00. Planning Commission Minutes _ Page 5 April 22, 1998 Commissioner Bernald would like to have a shuttle used for the event, and asked for discussion. Commissioner Pierce felt a shuttle wasn't necessary. He felt that workers at the event should be required to carpool. Commissioner Murakami concurred, feeling that the cost of a shuttle is prohibitive and recommended use of more signs and monitors. Chair Patrick felt the City should require "No Parking" signs along all the roads in the area and that there should be more than two people involved in monitoring pedestrians and vehicles. She also felt that workers should park offsite. BERNALD /MURAKAMI MOVED TO APPROVE TUP -98 -001 WITH CONDITIONS FOR SAFETY, PARKING AND WEED ABATEMENT; MOTION PASSED 5/0. THERE WAS A BREAK FROM 9:10 - 9:25 AT THE REQUEST OF CHAIR PATRICK. 7. V -98 -003 (517 -10 -008) - ALLEN, 14500 Oak Street; Request for Variance approval to rebuild an existing 569 sq. ft. detached garage at a height of 15 feet. Variance approval is required to allow the side yard setback to remain at 1.5 feet. The site is 8,125 sq. ft. located within an R- 1- 10,000 zoning district. CONTINUED AT APPLICANT'S REQUEST FROM 3/25/98. Walgren presented the staff report. The public hearing was opened at 9:26 p.m. John Allen, applicant, stated that the original garage was for one vehicle and was poorly constructed; they are interested in making the property look better. The public hearing was closed at 9:28 p.m. MURAKAMI /PATRICK MOVED TO APPROVE V -98 -003; MOTION PASSED 5/0. 8. DR -97 -067 (APN 386 -53 -006) - LUI, 20380 Seagull Way; Request for Design Review approval to construct a first and second story addition totaling 1,569 sq. ft. to an existing 1,840 sq. ft. house on a 12,291 sq. ft. lot in the R -1- 10,000 zoning district. Walgren presented the staff report and clarified specific terms used in the report. The public hearing was opened at 9:30 p.m. Darrel Fazekas, architect, distributed photos showing the large tree in front of the house, also stating the size of the balcony was 3,408 square feet and that the height of the windows had been reduced by 18 inches. Commissioner Murakami questioned the rounded corner on the design and was told that it was meant to soften the look of the home and provide more landscaping. Commissioner Bernald requested clarification about the reduced height of the windows. Planning Commission Minutes Page 6 April 22, 1998 The public hearing was closed at 9:40 p.m. Commissioner Murakami was concerned about the rear elevation and the balconies but felt that if staff is satisfied, he would able to approve the project. Commissioner Bernald felt that the design of the balconies was grandiose for the neighborhood. Commissioner Pierce felt the design is not appropriate, as the neighborhood is primarily made up of one story houses, and he does not like the balconies. Commissioner Martlage concurred, and also disliked the balconies. Chair Patrick felt this area is not appropriate for a second story, that the balconies are not compatible with the neighborhood, and that the applicants should eliminate the second story. The public hearing was reopened and the item was continued at the applicant's request to 5/27/98 for resubmittal of a single story design. 9. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to construct a second story addition of 946 sq. ft. to an existing 2,397 sq. ft. house on an 11,900 sq. ft. lot in the R- 1- 10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 21 feet, 6 inches. CONTINUED AT APPLICANT'S REQUEST FROM 3/25/98 FOR REDESIGN. Walgren presented the staff report. The public hearing was opened at 9:44 p.m. Thomas Liu, architect, showed photos of the project, stating the design had been significantly modified and included removal of the window and balcony on the right side; the addition of a wooden lattice screen would reduce the impact on neighbors' privacy to a minimum. The result is a home that will be more compatible with the neighborhood. Commissioner Bernald was concerned about the need for the second story balcony and wondered if there are other options available. Neighbors were interested in preserving the look and feel of the neighborhood and spoke against the project, noting that none of the improvements to other homes in the area involved a second story addition and that the privacy of the neighbors would be impacted. The public hearing was closed at 10:01 p.m. Commissioner Martlage preferred the second design but was disappointed that more changes hadn't been made. She was not able to support the project. Commissioner Pierce said that one story homes are predominant in the neighborhood and was opposed to any second story addition. Commissioner Bernald liked the design but cannot support the project because of the balcony. She felt it would be appropriate at any other location, but not in this case. Planning Commission Minutes Page 7 April 22, 1998 Commissioner Murakami said the design was well balanced but that not enough changes were made in response to the Commission's requests. He felt this design does not fit in and cannot support the project. Chair Patrick concurred and appreciated the balance in the design. She felt the lot is big enough to expand and that a second story addition is not needed. The public hearing was reopened and the item was continued at the applicant's request to 5/27/98 for resubmittal of a single story design. 10. DR -97 -060 (APN 503 -78 -038) - NEOGY, 22665 Garrod Road; Request for Design Review approval to construct a new 6,699 sq. ft., two -story home on a vacant 4.48 acre lot in the Hillside Residential zoning district. Walgren presented the staff report. The public hearing was opened at 10:10 p.m. Rathin Neogy, resident, said the lot is private and doesn't interfere with others, stating he had worked with staff to preserve existing trees and maintain required setbacks. The public hearing was closed at 10:15 p.m. Commissioner Murakami noted that during the Commission's site visit, the height poles were down and there was no visual picture of the size of the house. Commissioner Pierce felt the applicant should spray paint the corners of the project to show the size of the home. Chair Patrick confirmed that the driveway will be made of a pervious material. She noted that there were four gas fireplaces with gas starters, and that they would be gas - burning only, not wood. She would prefer to have no wood - burning fireplaces, or possibly only one. Commissioner Bernald liked the house but felt it was very large. Chair Patrick said the Commission would need to see proper markings to determine size before they go further. The public hearing was reopened and the item was continued at the applicant's request to 5/13/98 to better demarcate the building footprint and to revisit the site. 11. SD -98 -003 (APN 393 -40 -020) - BOISSERANC, 13650 Saratoga - Sunnyvale Road; Request for Subdivision approval to subdivide a 1.67 net acre parcel of land into four single - family lots. The residence existing at the property would be relocated to one of the new lots. A new cul -de -sac would be extended from Franklin Avenue and the lots would be accessed from that street. The proposed lots range in size from 12,500 sq. ft. to 20,000 sq. ft. The property is located in an R -1- 12,500 zoning district. Walgren presented the staff report. The public hearing was opened at 10:28 p.m. Planning Commission Minutes April 22, 1998 Warren Whaley, applicant's representative, stated they had responded to requests made of them. Page 8 Neighbors raised concerns, citing the high level of noise, the fact that construction hours established by the City were not being observed, and that the builder does not provide adequate cleanup after work has been done. Commissioner Pierce asked whether there were plans for a causeway or walkway from the cul -de -sac to Saratoga - Sunnyvale Road. Commissioner Murakami raised the issue of the difference in height at the walkway. The public hearing was closed at 10:40 p.m. Commissioner Murakami appreciated the fact that neighbors had come to the meeting and felt that staff should be able to monitor some of their concerns. Commissioner Bernald commented on the gentle slope to the walkway and the difference in height, and wondered if the two developers might be able to work together to deal with this issue. She can support the project. Commissioner Pierce agreed and wants the Commission to have the opportunity to review the fence. Commissioner Martlage concurred. Chair Patrick would like to see the street landscaping put in as early as possible. MURAKAMIIMARTLAGE MOVED TO APPROVE SD -98 -003; MOTION PASSED 5/0. DIRECTOR ITEMS UP -98 -001 - PAGE NET /WHALEN & CO. INC., 12333 Saratoga - Sunnyvale Road; Request for minor modification of previous approval. Walgren presented the staff memo. The modifications were accepted 510. COMMISSION ITEMS Appointment of new Chairperson and Vice Chairperson BERNALD /MARTLAGE NOMINATED COMMISSIONER PIERCE AS THE NEW CHAIRPERSON FOR THE PLANNING COMMISSION; PASSED 510. PATRICK/MARTLAGE NOMINATED COMMISSIONER BERNALD AS THE NEW VICE - CHAIRPERSON FOR THE PLANNING COMMISSION; PASSED 510. Summer /vacation schedule It was determined to cancel the second meeting in August 1998. Planning Commission Minutes April 22, 1998 COMMUNICATIONS Written City Council Minutes dated March 14, 18, 20, 24 and 27, 1998 Notices for Planning Commission Public Hearing of April 22, 1998 City Council Minutes dated April 1 and April 7, 1998 Page 9 ADJOURNMENT TO NEXT PUBLIC HEARING 11:00 p.m. to Wednesday, May 13, 1998, . Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, March 25,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce Absent: Commissioner Siegfried Staff: City Attorney Riback, Walgren, Crowley Pledge of Allegiance Minutes - March 11, 1998 Page 1 (Minutes): Voting results on approval of the minutes should read `Approved as modified 412 ( Bernald and Kaplan abstained) " in lieu of "Approved as modified 610. " APPROVED AS MODIFIED 6/0. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 20, 1998. . Technical Corrections to Packet CONSENT CALENDAR 1. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Road; Request for Design Review approval to construct 15 single family residences, ranging in size from 3,857 sq. ft. to 4,229 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the City Planning Commission in August 1996. The lots range in size from 15,000 sq. ft. to 21,600 sq. ft. and are located within an R1- 12,500 zoning district. PIERCE /BERNALD MOVED TO CONTINUE DR -97 -057 AT THE APPLICANT'S REQUEST TO 4/8/98; APPROVED 6/0. 2. V -98 -003 (517 -10 -008) - ALLEN, 14500 Oak Street; Request for Variance approval to rebuild an existing 569 sq. ft. detached garage at a height of 1.5 feet. Variance approval is required to allow the side yard setback to remain at 1.5 feet. The site is 8,125 sq. ft. located within an R- 1- 10,000 zoning district. PIERCE /BERNALD MOVED TO CONTINUE V -98 -003 AT THE APPLICANT'S REQUEST TO 4/8/98; APPROVED 6/0. Planning Commission Minutes March 25, 1998 PUBLIC HEARINGS Page 2 3. DR -97 -056 & SM -98 -002 (366 -48 -001) - GOTTIMUKKALA, 12496 Parker Ranch Court; Request for Design Review approval to construct a new 4,509 sq. ft. two -story home on a vacant lot of the Parker Ranch Subdivision. Site Modification is also requested to allow a pool on this lot. The site is 50,440 sq. ft. located within an HR zoning district. CONTINUED AT APPLICANT'S REQUEST FROM 3/11/98 FOR ADDITONAL SITE VISIT AND CLARIFICATION OF DESIGN CONCERNS. Walgren presented the staff memorandum. Commissioner Kaplan requested that City Attorney Riback define the normal process between the City and the .Homeowners' Association when there is a private agreement, in terms of the City's level of responsibility. Riback responded that the City is neither responsible for nor obligated to enforce the Codes, Covenants and Restrictions (CC &Rs) of a Homeowners' Association. Discussion ensued about the City and the Homeowners' Association being separate entities; decisions made by the City do not override those in the CC &Rs, nor do actions pertaining to the CC &Rs override those of the City. The public hearing was opened at 7:40 p.m. Walter Chapman, architect, commented on the design of the house, stating that sinking the house into the hillside will minimize the visual impact from offsite, and also stated that he had additional information to address other Planning Commission concerns. Chapman asked for clarification of which party, the City or the Homeowners' Association, has control over whether a pool is allowed on the property. John Heindel, 12468 Parker Ranch Court, spoke on behalf of the Board of Directors of the Homeowners' Association, stating that the CC &Rs to not allow a pool on the site, and that the only way to accomplish this would be to change the CC &Rs to approve the granting of a pool. If the Commission approves a pool the Board of Directors will be required to take steps to keep the pool from being built. Commissioner Bernald asked the reason for the site having been set up not to have a pool. Heindel responded that the restriction was imposed by the City at the time the CC &Rs were adopted. Walter Chapman stated he would be happy to meet with the Homeowners' Association and go through their process. The public hearing was closed at 8:00 p.m. Commissioner Pierce felt the siting of the pool was acceptable and would defer to the Homeowners' Association with regard to their approval to amend the CC &Rs. Commissioner Martlage agreed the pool had been sited in the only possible place, stating an approval had already been forwarded from the Homeowners' Association's own architectural review committee. Commissioner Bernald felt the pool fits nicely into the home and concurred with Commissioner Pierce that the Commission should defer to the Homeowners' Association on the issue of amending the CC &Rs. Commissioner Murakami agreed with the siting of the pool but felt the matter of whether a pool is allowed should be clarified before the Commission decides to approve. Planning Commission Minutes March 25, 1998 Commissioner Kaplan concurred. Page 3 Chair Patrick felt the house is acceptable, but was unwilling to approve or disapprove the pool without addressing the issues of the CC &Rs. Commissioner Bernald felt the house was nicely sited on the knoll and would be able to approve the application. Commissioner Murakami said he was ready to approve the application. Commissioners Kaplan concurred and requested a condition be included to allow only one wood - burning fireplace. Commissioner Pierce concurred. KA.PLAN /BERNALD MOVED TO APPROVE DR -97 -056 WITH A CONDITION TO ALLOW ONLY ONE WOOD- BURNING FIREPLACE; APPROVED 6/0. PIERCE /BERNALD MOVED TO DENY WITHOUT PREJUDICE SM -98 -002; DENIED 6/0. 4. SD -97 -001 & V -98 -002 (APN 397 -24 -010, 038, 073, 074 & 075) - PENN BROTHERS CONSTRUCTION, 20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with two primary single family homes and two independent "cottages ". One of the residences is the original "Hayfield House" designed by Julia Morgan in 1919 and is listed on the City's Heritage Resource Inventory. This structure and one of the cottages would be retained on the proposed Lot 9, which would also include a new three -car garage for a total of 8,766 sq. ft. Variance approval is necessary to allow the total proposed building area for Lot 9 to exceed the 7,320 sq. ft. maximum permitted by Zoning Ordinance for a 3.08 acre parcel. The subdivision would be accessed via two cul- de -sacs with seven of the new lots gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located within an R -1- 20,000 zoning district. An Environmental Initial Study has been prepared for this project pursuant to the requirements of the California Environmental Quality Act. The public comment period for the Environmental Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire March 17, 1998. No final action may be taken on the project until the public review process has been completed and an environmental determination has been made. CONTINUED FROM 3/11/98 TO PREPARE DRAFT ENVIRONMENTAL NEGATIVE DECLARATION AND APPROVAL RESOLUTION. Walgren presented the staff memorandum and additional correspondence received from neighbors after the packet had been distributed. Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project. Commissioner Kaplan initiated a discussion of the source of street names for the subdivision, agreed to by the Heritage Preservation Commission. Chair Patrick asked about the statement that the resolution reflect the agreement of the neighborhood. She raised the question of the City enforcing conditions that should be enforced by property owners. The public hearing was opened at 8:19 p.m. Planning Commission Minutes Page 4 March 25, 1998 Chuck Bommarito, representing Pinn Brothers, gave an overview of the project to date and was available to respond to questions of the Commissioners. Neighbors expressed their willingness to work with Pinn Brothers but were concerned about visibility, bulk and height of the houses, setbacks, tree preservation, fencing, gating, and the pedestrian and bicycle path. Chuck Bommarito requested the condition that front yard landscaping be installed prior to final inspection be eliminated, as he felt homeowners should have the ability to be involved in their own landscape design. The public hearing was closed at 9:05 p.m. THERE WAS A BREAK FROM 9:06 - 9:18 AT THE REQUEST OF CHAIR PATRICK. Commissioner Pierce was opposed to installing operational gates but was agreeable to "faux" gates that would remain open at all times. He would be able to support the project. Commissioners Bernald and Murakami were in agreement. Commissioner Kaplan requested further clarification of item #13 of the CC &Rs and was concerned about the amount of street traffic. Chair Patrick was opposed to the use of gates; she would like to see landscaping plans, and specific plans for each house. KAPLAN /BERNALD MOVED TO APPROVE THE NEGATIVE DECLARATION; APPROVED 510. KAPLAN /BERNALD MOVED TO APPROVE SD -97 -001 AND V -98 -002; APPROVED 5/0. 5. DR -98 -001 (APN 386 -06 -040) - CHEN, 12491 Woodside Drive; Request for Design Review approval to construct a second story addition of 952 sq. ft. to an existing 2,396 sq. ft. house on an 11,900 sq. ft. lot in the R -1- 10,000 zoning district. Proposal will change building height from 14 feet, 6 inches to 21 feet, 6 inches. Walgren presented the staff report. The public hearing was opened at 9:35 p.m. Thomas Liu, designer /architect, said he had worked with staff to respond to questions from the Planning Commission. Neighbors felt that the second story addition with its balcony would intrude on neighbors' privacy and that the tile roof was out of character for the neighborhood. The public hearing was closed at 9:51 p.m. Commissioner Martlage found the neighborhood attractive and felt the second floor balcony and bedroom are intrusive; if they were removed, the plan would fit better. Planning Commission Minutes Page 5 March 25, 1998 Commissioner Pierce agreed that this is a nice neighborhood and was comprised of one story, shake roof type houses, for the most part. He was not able to support a second story addition in this neighborhood. Commissioner :Bernald agreed and felt the balcony and the north - facing window should be removed, also that the the roof should be changed. She could not support the project. Commissioner Murakami said the architect had done a good job and had no objection to the siting. He was bothered by the privacy issue and felt he could support the project if one room and the balcony were removed, and if a shake roof were used instead of tile. Commissioner Kaplan felt that a two story home is acceptable, but that there are privacy issues with this house. She liked the design and would be able to approve the application with modifications. Chair Patrick felt that a second story is acceptable and said she liked the design, but that this configuration would intrude on neighbors' privacy, also that the roof doesn't fit in the neighborhood. If the balcony and the third bedroom were removed and the roof changed, she would be able to approve. The public hearing was reopened and the item was continued at the applicant's request to 4/22/98 for redesign. 6. DR -97 -062 (503 -75 -010) - JEPSEN, 21756 Congress Hall Lane; Request for Design Review approval to construct a new 5,155 sq. ft. two -story home on a vacant lot. The site is approximately 3 acres, located within the Hillside Residential zoning district. Walgren presented the staff report. The public hearing was opened at 10:08 p.m. Park Miller, architect, explained the reasons for siting of the house and how their design softens the aspects of massing of the house. A neighbor expressed his concerns about the project, including blocking of their views, orientation of the house, placement of the driveway, and that the house is incompatible with the neighborhood. The public hearing was closed at 10:32 p.m. Commissioner Murakami liked the design and asked whether it was possible to modify the garage. Commissioner Kaplan said the house is located in a lovely area; she felt there should be less driveway and that the house should be in a different location. She could not approve the application. Commissioner Murakami liked the step down of the house but was concerned about the driveway. He understood the constraints on the lot and that the design had to be one that would please everyone, but Ile would be unable to approve as the house is designed currently. Commissioner Bernald said the house appears to be a three story residence and she could not approve. Commissioner Pierce felt the applicant should look at alternatives for moving the driveway and garage, if possible. He would not be able to approve. Planning Commission Minutes March 25, 1998 Page 6 Commissioner Martlage concurred. She said the setbacks are per the City ordinance but did not like the length of the driveway and the fact that the garage door faces the valley. Chair Patrick liked the design of the house but was concerned with the amount of paving and the three -story approach. She suggested scheduling a meeting with the applicant in a study session to look at other options. The public hearing was reopened and the item was continued at the applicant's request to the 4/22/98 Study Session to review design alternatives. DIRECTOR ITEMS l . Planning Commission Retreat Walgren reported that three of the Commissioners were unable to attend the Planning Commission Retreat originally scheduled for April 3. Following discussion of available options, the Retreat was rescheduled for April 1.7. 2. New Assistant Planner Walgren announced that a new Assistant Planner, Christina Ratcliffe, had been hired to replace Carol Deming. Christina will be introduced at the next meeting of the Planning Commission. COMMISSION ITEMS Commissioner Murakami stated he had received information about an architects' refresher course and wondered if the other Commissioners might be interested in attending the class. 2. A discussion was held regarding the Planning Commissioners' anticipated vacation schedules, and whether the Commission should consider having substitute Commissioners available in order to maintain a quorum at the public hearings. COMMUNICATIONS Written 1. City Council Minutes dated March 4, 1998 2. Notices for Planning Commission Meeting of April 8, 1998 ADJOURNMENT - 11:00 p.m. to Wednesday, April 8, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, March 11, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Murakami, Pierce Absent: Commissioner Siegfried Staff. Walgren, Crowley Pledge of Allegiance Minutes - February 25, 1998 Page 2, bottom line (Pinn Brothers Construction): The minutes should be amended to read "...as she is a neighbor... " in lieu of "...as she was a neighbor.... " Page 5, paragraph 8 (Persson): The voting result was omitted from the minutes and should be shown as "Approved 311 (Patrick opposed). " APPROVED AS MODIFIED 4/2 (BERNALD AND KAPLAN ABSTAINED).. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 6, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. UP -98 -001 (366 -12 -054) - DANIELS /PAGE NET, 12333 Saratoga - Sunnyvale Road; Request for Use Permit approval to mount two 14 ft. antennas to an existing 40 ft. tower for a total combined height of 50 feet. Equipment will be located in an existing building at the base of the tower. The site is 44,330 sq. ft. located within a Commercial Visitor zoning district. Walgren presented the staff report. KAPLAN /PATRICK MOVED TO APPROVE UP -98 -001; APPROVED 6/0. Planning Commission Minutes March 11, 1998 PUBLIC HEARINGS Page 2 2. SD -97 -001 (APN 397 -24 -010, 038, 073, 074 & 075) - PINN BROTHERS CONSTRUCTION, 20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with two primary single family homes and two independent "cottages ". One of the residences is the original "Hayfield House" designed by Julia Morgan in 1919 and is listed on the City's Heritage Resource Inventory - this structure would be retained while the other three structures are proposed to be removed. The subdivision would be accessed via two cul -de -sacs with seven of the new lots gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located within an R -1- 20,000 zoning district. An Environmental Initial Study has been prepared for this project pursuant to the requirements of the California Environmental Quality Act. The public comment period for the Environmental Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire March 17, 1998. No final action may be taken on the project until the public review process has been completed and an environmental determination has been made. Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project. Walgren presented the staff memorandum. The public hearing was opened at 7:50 p.m. Allan Piton, developer, stated that he had met with neighbors to address their concerns, including drainage, traffic, preservation of oak trees, historical preservation of the cottage, siting and orientation of the houses, and preservation of the rural aesthetic. Neighbors expressed their appreciation that the developer had worked with them to address their concerns about design, construction hours and tree preservation. The public hearing was closed at 8:15 p.m. Commissioner Kaplan stated that the streets located inside a gated entry would be considered private streets and, as such, would be maintained by property owners. Commissioner Pierce commented there would be no public access to the private streets, but that there would be pedestrian and bicycle access. Discussion ensued relative to the ability of the City to enforce an item in the CC &Rs that would require property owners to maintain and keep vineyards, and whether we can require a homeowner to maintain a certain type of landscaping. Planning Commission Minutes Page 3 March 11, 1998 The Commissioners were in agreement that there should be no entry gates to the property, and were pleased with the cooperation between neighbors and the developer. The public hearing was reopened and the item was continued to 3/25/98 for Draft Environmental Negative Declaration and Approval Resolution. 3. DR -97 -056 & SM -98 -002 (366 -48 -001) - GOTTIMUKKALA, 12496 Parker Ranch Court; Request for Design Review approval to construct a new 4,509 sq. ft. two -story home on a vacant lot of the Parker Ranch Subdivision. Site Modification is also requested to allow a pool on this lot. The site is 50,440 sq. ft. located within an HR zoning district. Walgren presented the staff report. The public hearing was opened at 8:35 p.m. Walter Chapman, architect, said he had met with staff and had taken their concerns into consideration regarding placement of the home. The public hearing was closed at 8:38 p.m. Commissioner Murakami understood the restriction on the building pad, as there would be a considerable amount of cut and fill. He suggested the outline of the retaining walls be sprayed with paint to give a clearer representation of the amount of earth to be moved. He felt the architect had done a good job. Commissioners Bemald, Pierce and Martlage concurred. Conunissioner Kaplan recalled that the house is not being stepped into the hill, but is going out from the hill. She also felt the size of the house should be discussed. Chair Patrick was concerned about the amount of cut and felt the house was not well stepped, that it is prominent, will be visible, and is too large. The public hearing was reopened at 8:48 p.m. to allow the designer to clarify the Commission's questions. Walter Chapman used the overhead projector to illustrate how the house follows the contour of the hillside. Commissioner Kaplan felt that the second story, at 2,400 square feet, is overly large when placed over the first story, which is 1,500 square feet, and wondered if the size of the second story could be reduced. Commissioner Murakami felt the Commissioners should look at the site again to get a better understanding of how the house will fit with the hillside. The Commissioners concurred that an additional site visit would be helpful in clarifying their questions.. Planning Commission Minutes March 11, 1998 The public hearing was closed at 8:58 p.m. Page 4 The public hearing was re- opened and the item was continued at the applicant's request to 3/25/98 for an additional site visit and clarification of design concerns. THERE WAS A BREAK FROM 9:00 TO 9:10 AT THE REQUEST OF CHAIR PATRICK. 4. DR -97 -063 (389 -37 -041) - CHAN, 13494 Myren Drive; Request for Design Review approval to construct a new two story house, 2,763 sq. ft. in size, 24 feet in height, on a 8,400 sq. ft. lot in the R -1- 10,000 zoning district, currently occupied by a single story house, 1,550 sq. ft. in size and 14 feet in height. Walgren presented the staff report and introduced material received after the packet had been distributed. The public hearing was opened at 9:12 p.m. Kong Chan, applicant, stated that the majority of his neighbors supported the project. The neighborhood is an older one, and he feels it will be improved by building this home. Neighbors spoke both in support of and in opposition to the project. Those who opposed felt the house was too big and obstructed their views, and that a two story home was not compatible with the neighborhood. The public hearing was closed at 9:43 p.m. Commissioner Kaplan felt that while upgrading and improving is good, a two story house is not the answer. One two story home next to another would create a wall effect. Commissioner Martlage concurred that a wall will be created with a second two -story house and that a single story home is more appropriate. Commissioner Pierce felt that it is good to improve the neighborhood; however, the design is bulky and has large windows on the second floor. It is not appropriate to the area. Commissioner Bernald felt the house is not compatible in bulk and height, as the neighborhood is made up primarily of ranch style homes. Commissioner Murakarni was not opposed to a two -story house, but wants to avoid putting several two - story homes in a row. He felt the neighborhood is in transition and that there is sufficient room on the lot for a single story home. Chair Patrick concurred that this design is not compatible with the neighborhood and that she would like to see more wood. Planning Commission Minutes Page 5 March 11, 1998 The public hearing was reopened and the item was continued at the applicant's request to 4/8/98 for redesign. 5. DR -97 -057 (503 -21 -009 & 012) - NAVID, 15041 & 15072 Saratoga - Sunnyvale Rd; Request for Design Review approval to construct 15 single family residences, ranging in size from 3,857 sq. ft. to 4,229 sq. ft., pursuant to Chapter 15 of the City Code. The subdivision of this property was approved by the City Planning Commission in August 1996. The lots range in size from 15,000 sq. ft. to 21,600 sq. ft. and are located within an R1- 12,500 zoning district. Walgren presented the staff report. The public hearing was opened at 10:00 p.m. Raymond Nasmeh, developer, stated that he had been worked with staff, the neighborhood, and the school district on this project. He displayed artist renderings of the designs for the 15 homes proposed, and described features of each home. The Commissioners commented on these and compared them to the plans they had originally received, reviewing each design on an individual basis. Neighbors said that Navico had worked well with neighbors, that they had no objection to the development and felt it will add to the community. The public hearing was closed at 11:05 p.m. Commissioner Bernald was happy the developer had worked with the neighbors. She liked the cleanliness, crispness and professionalism of the designs, but would like to more wood used on the homes. Commissioner Murakami liked the designs and the fact that Navico had worked with the neighbors. He felt the fences should be wood, not stone, and that an effort should be made to break up the surface appearance of the homes so they have a different appearance from one another. Cormnissioner Pierce liked the designs and felt that more wood would be a better transition from existing neighborhoods to their development. Commissioner Martlage appreciated all the effort they have taken. She felt that some of the lots with two - story homes proposed are big enough that a single story design might be better. She would like to ask the architect for more attention to detail. Commissioner Kaplan felt it is an interesting project. Chair Patrick felt the designs are attractive, but not reflective of the neighborhood. She would like to see more wood and changes in some of the driveways and felt the application should be brought back for clarity. Planning Commission Minutes March 11, 1998 Page 6 The public hearing was reopened and the item was continued at the applicant's request to 3/25/98 for redesign. DIRECTOR ITEMS COMMISSION ITEMS 1. Commissioner Bernald stated that the Planners Institute sponsored by the League of California Cities was informative and beneficial. 2. There was a discussion regarding the lighting system in the theater and that it is difficult to concentrate fiilly with the brightness of the camera lights. Walgren stated the City will work with the drama group to upgrade the lighting system, suggesting that one option might be to put a diffuser on the existing lights so that the effect is less harsh. COMMUNICATIONS Written 1. City Council Minutes dated February 18 and February 24, 1998 2. Notices for Planning Commission Meeting of March 25, 1998 ADJOURNMENT - 11:30 p.m. to Wednesday, March 25, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, February 25,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Martlage, Murakami, Pierce Absent: Commissioners Bernald, Kaplan, Siegfried Staff. Walgren, Crowley Pledge of Allegiance Minutes - February 11, 1998 APPROVED 4/0. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 20, 1998. Technical Corrections to Packet CONSENT CALENDAR 1. 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 -1- 40,000 zoning district. CONTINUED FROM 2/11/98 TO PREPARE AND ADOPT DENIAL RESOLUTIONS. MURAKAMI /PATRICK MOVED TO ADOPT DENIAL RESOLUTIONS DR -96 -054 & V -96- 018; DENIAL RESOLUTIONS ADOPTED 4/0. PUBLIC HEARINGS 2. DR -97 -021 & V -97 -005 (APN 503 -15 -042) - MARCINCOWSKI /BREGANTE; 21143 ,_Chadwick Court; Request for Design Review approval to construct a new 5,046 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 2.3 acres in size, located in an HR zoning district. CONTINUED FROM 1/14/98 FOR RE- DESIGN. Planning Commission Action Minut,- Page 2 February 25, 1998 Walgren presented the staff memorandum recommending approval of the project. The public hearing was opened at 7:40 p.m. Lou Basile, builder, highlighted extensive changes made to the plan. Chair Patrick and Commissioners Murakami and Pierce each stated they had met with Mr. Basile regarding the re- design. Luanne Nieman, 13217 Padero Court, expressed concern regarding drainage problems on the property. The public hearing was closed at 7:45 p.m. Commissioner Murakari was satisfied with the modifications made and believed the issue of drainage had been addressed previously. Commissioner Pierce felt the design changes made as a result of the several hearings held on the project were an improvement and was pleased the building has been further reduced in size and footprint. Commissioner Martlage concurred and appreciated the effort to redesign. Chair Patrick also concurred and felt the drainage system improvements required as part of the project approval will alleviate the concerns regarding water runoff. PIERCE /MURAKAMI MOVED TO APPROVE DR- 97 -0 -21 & V -97 -005; APPROVED 4/0. 3. SD -97 -012 (APN 397 -24 -010, 038, 073, 074 & 075) - PINN BROTHERS CONSTRUCTION, 20325 La Paloma Avenue & 14315 Douglass Lane; Request for Vesting Tentative Map approval to subdivide an approximately 19 acre site into fifteen individual lots ranging in net size from 21,780 sq. ft. to 3.08 acres. The site is adjacent to Wildcat Creek and is currently developed with two primary single family homes and two independent "cottages ". One of the residences is the original "Hayfield House" designed by Julia Morgan in 1919 and is listed on the City's Heritage Resource Inventory - this structure would be retained while the other three structures are proposed to be removed. The subdivision would be accessed via two cul -de -sacs with seven of the new lots gaining access from Douglass Lane and eight from La Paloma Avenue. The property is located within an R -1- 20,000 zoning district. An Environmental Initial Study has been prepared for this project pursuant to the requirements of the California Environmental Quality Act. The public comment period for the Environmental Initial Study and the Draft Negative Declaration began on February 11, 1998, and will expire March 17, 1998. No final action may be taken on the project until the public review process has been completed and an environmental deterniination has been made. Commissioner Martlage excused herself from any discussion as she is a neighbor of the site /project. Planning Commission Action Minut,.._ Page 3 February 25, 1998 Based on lack of a quorum, the public hearing could not be opened and the Planning Commission could not deliberate on the application in its entirety. The item was continued to March 11, the next available public hearing. The public was invited to speak on the Environmental Initial Study. Neighbors spoke in support of the project and said they have worked with the developer in an effort to come to agreement on important issues including design, tree preservation and general traffic concerns. They requested the agreed -upon issues be incorporated into the Tentative Map and conditions of approval. There was a break from 8:30 to 8:40 at the request of Chair Patrick. 4. DR -96 -030 (APN 397 -03 -082) - HONG, 14427 Emerald Hill Court; Request for Design Review approval to construct a 5,220 sq. ft. two -story home on a currently vacant parcel. The lot is 40,219 net sq. ft. and is located in an R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 8:45 p.m. Darrell Fazekas, applicant's architect, agreed with staff recommendations. Neighbors supported the project, but expressed concern about placement of the house on the site, and privacy, grading and drainage on the property. The public hearing was closed at 8:53 p.m. Commissioner Martlage wondered if the house could be turned. Walgren stated that in order to turn the house, the plans would need to be re- designed, not just shifted, and may result in increased grading quantities. Commissioner Murakami said the home matches the neighborhood, that the neighbors' concerns can be worked out with staff, and that drainage issues will be addressed. Commissioner Pierce was not convinced the house could be turned and felt that modification of the second floor windows and proper planting would address the privacy issue. He liked the design and could support the project. Chair Patrick concurred that moving the house would cause more grading problems. She could approve the project based on receipt of final grading and drainage plans by the appropriate engineer. MURAKAMI/PIERCE MOVED TO APPROVE DR -96 -030 WITH CONDITIONS REGARDING LANDSCAPING AND WINDOW PLACEMENT, AND A CERTIFIED ENGINEER'S REPORT Planning Commission Action Minut,-_- February 25, 1998 TO BE PROVIDED; APPROVED 4/0. Page 4 5. DR -97 -058 (APN 397 -18 -065) - CARTER, 14810 Farwell Avenue; Request for Design Review approval to construct a new single story house, 4,517 square feet in size, 23 feet in height, on a 1.002 acre lot in the R -1- 40,000 zoning district, currently occupied by a single story 3,256 square foot house, 17 feet in height and a 562 square foot guest house /carport, 10 feet in height. Walgren presented the staff report. The public hearing was opened at 9:01 p.m. There were no comments from the applicant or the public on the application. The public hearing was closed at 9:02 p.m. Commissioner Pierce liked the size of the home and felt it was not overwhelming. Commissioner Murakan-ii liked the design. Conunissioner Martlage felt it would be better if the column at the rear of the house were straight, not curved, and she did not like the fact that the garage faces the street. Chair Patrick did not like the design and felt there was too much lot coverage. PIERCEIMURAKAMI MOVED TO APPROVE DR -97 -058; APPROVED 3/1 (PATRICK OPPOSED). 6. DR -97 -053 and V -97 -011 (APN 503- 55 -53) - PERSSON, 21194 Haymeadow Drive; Request for Building Site approval, Design Review approval, and Variance approval to construct a new 4,047 square foot house, 25 feet in height, on a vacant 1.002 acre lot in the R -1- 40,000 zoning district. Applicant requests Variance approval in order to adhere to that zoning district's standard front yard setback, rather than the percentage based setbacks prescribed for all vacant lots. Applicant also requests Design Review exception to permit construction of garage with 7 foot, 6 inch ttnderfloor clearance, in exceedance of city limitation of 5 feet, and Floor Area exception to waive required floor area reduction for houses in excess of 18 feet in height. Walgren presented the staff report and addressed additional information documented by staff following a site visit. The public hearing was opened at 9:10 p.m. Russ Dotter, applicant's architect, explained their efforts to maintain existing oak trees and to work with the site. Richard Weiser, 21216 Haymeadow Drive, commented that this is a difficult site on which to build, and Planning Commission Action Minute Page 5 February 25, 1998 was concerned with the project's conformance with City codes, the fact that his view would be obscured, the large number of windows in the home, tree preservation and diverting water off the property. Philip Liu, 21197 Haymeadow Drive, said the roof line appears to be over the neighbor's property, and was concerned about traffic problems, as the cul -de -sac is shared by five neighbors and no additional parking spaces are available. The public hearing was closed at 9:35 p.m. Conunissioner Murakami requested that staff comment on Mr. Weiser's concerns about the code. He visited the site as well as the Weiser home, and felt the design is good and the home is stepped down nicely. He would be able to support the application. Commissioner Pierce agreed that parking would be limited and suggested the contractor bring people up to the site in a group if it becomes a problem. He also visited the site and the Weiser home and understands the neighbors' concerns, as they will lose their view. Pierce likes the design and can support the application. Conunissioner Martlage was troubled by the exception to the floor area and felt the home is too large. She cannot support the application. Chair Patrick felt the step -down design of the home adapts well to the hillside and that the home is a good addition to the neighborhood; she would be able to approve the application. The loss of the neighbors' view is regrettable but unavoidable. PIERCE/MURAKAMI MOVED TO APPROVE DR -97 -053 AND V -97 -011 WITH A CONSTRAINT ON CONSTRUCTION HOURS AND THAT CONSTRUCTION VEHICLES AT THE SITE BE MINIMIZED TO THE EXTENT FEASIBLE; APPROVED 311 (PATRICK OPPOSED). DIRECTOR ITEMS 1. Walgren stated that he had distributed to each Commissioner for their information, a process manual for Code Enforcement. COMMISSION ITEMS COMMUNICATIONS W ri ttnn City Council Minutes dated February 4 and February 10, 1998 Notices for Planning Commission Meeting of March 11, 1998 ADJOURNMENT - 10:00 p.m. to Wednesday, March 11, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, February 11, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Ber nald, Kaplan, Martlage, Murakami, Pierce Absent: Commissioner Siegfried Staff. City Attorney Riback, Walgren, Crowley Pledge of Allegiance Minutes - January 28, 1998 Page 4, paragraph 2 (Nextel Communications /Turkus): Commissioner Bernald requested the minutes be amended to read that this statement was made by Vic Monia, not by Commissioner Pierce. APPROVED AS MODIFIED 4/0; Kaplan and Murakami abstained. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 6, 1998. Technical Corrections to Packet CONSENT CALENDAR PUBLIC HEARINGS 1. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION, 14168 Taos Court; Request for Design Review approval to construct a 5,521 sq. ft. one -story home at 20 feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district. CONTINUED FROM 1/28/98 REGULAR PUBLIC HEARING MEETING. Walgren presented the staff memo. The public hearing was opened at 7:37 p.m. Chuck Bommarito, applicant's representative, stated the size of the home had been reduced and presented a letter from John Teter giving his approval of the mitigations done on the plan. Planning Commission Minutes Page 2 February 11, 1998 Amlette Woolsey, 19952 Durham Court, commented that while the height of the house is acceptable, the square footage is too large to be compatible; the house will look very large. The public hearing was closed at 7:43 p.m. Commissioner Murakami did not like the design, but felt the applicant met all of staff s requirements. Commissioner Bernald appreciated the change in the square footage and the closed garage; she was concerned that, with the guest room being removed, there was no ready access to a bathroom from a pool that may go in. She would be able to approve the application. Commissioners Kaplan and Pierce concurred. Commissioner Martlage said the house doesn't comply with the City Council directive to make it compatible with the rest of the neighborhood in terms of bulk and size. Chair Patrick did not like the design and said it would still be a long, big house and that she would be unable to approve the application. BERNALD /PIERCE MOVED TO APPROVE DR -97 -012; DENIED ON A SECOND FAILED MOTION; SPLIT 3/3 (MARTLAGE, MURAKAMI AND PATRICK OPPOSED). 2. 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 -1- 40,000 zoning district. A draft environmental Initial Study has been prepared pursuant to the requirements of CEQA. CONTINUED FROM 1/28/98 ADJOURNED STUDY SESSION MEETING. Walgren presented the staff memo. The public hearing was opened at 7:55 p.m. Scott Troyer, applicant's representative, requested a study session to speak about architectural issues and get a better feel of what changes might be considered acceptable. He was told that the Commission needs to deal with the Negative Declaration before they can deal with architectural issues. Chair Patrick said that based on what the Commission has heard, mitigation measures haven't been completed and that having this application before them at this time might be premature. She said that, if a continuance was requested and approved, the applicant will need to present mitigation measures at the March 25 meeting. Commissioner Pierce felt a continuance was reasonable but said the Negative Declaration issues must be dealt with first, before worrying about architecture. Planning Commission Minutes Page 3 February 11, 1998 Commissioner Kaplan felt that based on the inability of the applicant to provide a specific plan for mitigation, she could not support a continuance. PIERCE MOVED TO CONTINUE DR -96 -054 AND V -96 -018 AT THE REQUEST OF THE APPLICANT; THE MOTION DIED FOR LACK OF A SECOND. Allen Adams, applicant, said that if the home can be built on the site and if all conditions are satisfied, the property owner should not be denied the right to build. Attorney Riback clarified that if the Planning Commission votes to deny this application, it doesn't mean that nothing can be built on the site. The issues raised are for this particular design. Pane Wild, 14665 Ambric Knolls, asked if there was a way to make sure that work on landslide repair and retaining walls was completed and not stopped in progress. The public hearing was closed at 8:10 p.m. Commissioner Murakami said he was concerned that the configuration of the driveway is a safety issue and that he could not support this application. Commissioner Bernald felt the house is too massive for the site and appears to be a three story building. She was concerned that the house does not fit the lot and there are too many collective problems. Commissioner Kaplan felt that no mitigation measures have been addressed. Conunissioner Pierce said he moved for the continuance because he felt the applicant has made a good faith effort to do what might be impossible and was willing to listen to a proposal to deal with mitigation issues; design issues, however, should not be addressed yet. Commissioner Martlage felt the house was not compatible with the site and that it did not satisfy the issues in the Enviromnental Impact Report. Chair Patrick was concerned that this is the fourth hearing of this application and that no attempt has been made to satisfy the issues raised. She was surprised at the request for a continuance at this late date and cannot support the application. BERNALD /KAPLAN MOVED TO DENY DR -96 -054; DENIED 6/0. BERNALD /KAPLAN MOVED TO DENY V -96 -018; DENIED 6/0. 3. DR -97 -065 (397 -08 -026) - KRIENS, 18974 Monte Vista Drive; Request for Design Review approval to construct a new 1,228 sq. ft. accessory structure to the rear of the residence. Demolition of an existing home and the construction of a new one -story residence have already been approved on this lot. The site is 61,790 sq. ft. located within the R -1- 40,000 zoning district. Planning Commission Minutes Page 4 February 11, 1998 Walgren presented the staff report. Commissioner Murakami asked if the 12 foot height limit is feasible or if it should be raised. The public hearing was opened at 8:31 p.m. Neighbors attended the meeting with concerns about height and drainage. Commissioner Kaplan said that if the applicant were to submit an application for a pool in the future, the Commission would have no control, and she felt that was important for tree protection. Bernald said the applicants appear to have dug out for a pool. Commissioner Martlage had no comments. Commissioner Bernald said the driveway circles around into the garage rather than going directly into the garage. She felt this affects an existing oak tree and would rather see a re- design. Commissioner Kaplan felt that the pool should go in while there is still access and drainage can be addressed. She was not convinced that the building is suitable as a pool house. From the initial arborist report, trees would be in danger. Walgren said the access is along the driveway between the existing home and the second structure. Commissioner Murakami was bothered by the height, given the additional height of accessory structures, and cannot approve the application. Chair Patrick said the house is spread out; she felt the accessory structure looks more like a rental unit and felt the drainage issue should be handled. Commissioner Pierce said that the code does allow a height of 15 feet, and felt all improvements must be entirely under the drip line of the oak tree. KAPLAN /MARTLAGE MOVED TO DENY DR -97 -065; DENIED 511 (PIERCE OPPOSED). DIRECTOR ITEMS 1. Review of Current Commission Application Forms The Commission agreed that these forms have been obsolete for some time, also suggested the forms be shorter. Commissioner Kaplan provided a memorandum with her recommendations for changes. 2. February 24, 1998 Adjourned CC /PC /HPC Joint Meeting - -i Planning Commission Minutes Page 5 February 11, 1998 Commissioner Bernald said she will be unable to attend this joint meeting. The Commission discussed items to be addressed including Measure G, update of the inventory list for Heritage Preservation Commission, and cable TV broadcast of the Planning Commission meetings. 3. Cable Television Broadcast Update A discussion was held regarding the original plan to move the site where the Council and Commission meetings are held. Chair Patrick and Commissioner Kaplan felt the lighting required to broadcast is disconcerting. 4. Mountain Winery Walgren reported that the County is moving to legalize use of the Mountain Winery and to apply parameters, also to increase the amount of seating. 5. Roofing Requirements Walgren said that the Public Safety Commission is encouraging the requirement of Class A roofing throughout Saratoga. 6. Citywide Reorganization Walgren reported that the second phase of the reorganization had been accepted by the Council. COMMISSION ITEMS COMMUNICATIONS Written City Council Minutes dated January 21 and January 27, 1998 Notices for Planning Commission Meeting of February 25, 1998 ADJOURNMENT - 9:02 p.m. to Wednesday, February 25, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, January 28,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Martlage, Pierce Absent: Commissioners Kaplan, Murakami, Siegfried Staff. City Attorney Faubion, Walgren, Crowley Pledge of Allegiance Minutes - January 14, 1998 Page 2 (Bregante), Commissioner Bernald requested the minutes be amended to read "Commissioner Bernald was also concerned about the size of the house, " not "the granting o f a variance. " Page 3 (Pine Brothers Construction), Commissioner Bernald requested the minutes be amended to read "Commissioner Bernald said that although the site has a different flavor, from the neighbors, the proposed home did not comply with the restrictions placed on the lot in the Resolution, " not that "Commissioner Bernald felt that home brings a different flavor to the neighborhood. " APPROVED AS CORRECTED 4/0. Oral Communications Richard Carlson, 13971 Pike Road, reported that PG &E is upgrading their power pole to provide more power to new residents, resulting in obstruction of his views; he asked if any recourse is available.. Walgren responded that public utilities are not subject to Planning Commission or City Council review and approval, particularly public utility upgrades to existing facilities. This body governs new construction related to utilities, with the requirement that new construction must underground their utilities. Existing utilities and upgrades of utilities are not subject to the Planning Commission's review or approval. Walgren suggested that Mr. Carlson work with PG &E and, if that is not satisfactory, to meet with the representatives of the Public Utilities Commission. Chair Patrick suggested Mr. Carlson follow staff's recommendations. Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 23, 1998. Technical Corrections to Packet 00 Planning Commission Minutes Page 2 January 28, 1998 Walgren reported that a letter was received from Chuck Bommarito, representative of Pinn Brothers Construction, requesting that Item 2 be postponed until the February 11 public hearing. This item was heard at our last public hearing and resulted in a 3/3 tie vote. Tie votes are automatically continued to the next available meeting for a re -vote; a second tie vote would be a denial. The applicants have chosen to postpone the item in order to give them time to revise the plans, which will be presented at the February 11 public hearing. This is the first applicant's request for a continuance, so policy is that it is automatic, not subject to a vote, and no continuance fee is collected. Any additional continuances would result in collection of a fee, and the item would be subject to a Commission vote and approval. CONSENT CALENDAR PUBLIC HEARINGS 1. UP -97 -010 (APN 389 -19 -031) - NEXTEL COMMUNICATIONS/TURKUS, Southwest Corner of Sousa Lane and Quito Road; 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 Road adjacent to Highway 85. (CONTINUED FROM 12/10/97) Walgren presented the staff memo. The pubic hearing was opened at 7:55 p.m. Commissioner Bemald stated that she had spoken with Dave Hardy at the counter on Tuesday, January 20. Dave Hardy, applicant's representative, confinued his meeting with Commissioner Bernald, the purpose of which was to be sure he would be providing the kind of information the Commission was requesting. He discussed the advantage of the tree pole, urging approval of the project as submitted by Nextel. Conunissioner Pierce asked whether eliminating the six antennas and putting them in the tree pole, if approved, will still leave a telephone pole on the property, and was told a telephone pole will remain. Commissioner Pierce confirmed there would then be two boxes. Chair Patrick asked what will happen in the future relating to technology, and was told the main changes will be in the electronic equipment, that it will get smaller. Commissioner Bernald asked why their pole would be too tall if they used the alternate site of the PG &E pole. Hardy said that being too high on the pole can cause the signal to overshoot the area instead of focusing on calls in the local area. Commissioner Bernald asked if this situation could be engineered. Hardy said the way to engineer it is to go above the wires or below the wires. Commissioner Martlage said that her understanding is that Nextel's proposal still calls for the equipment building to be 10' by 20'. Neighbors were present and expressed their objections and concerns about this project, including the Plamling Commission Minutes - January 28, 1998 Page 3 location and size of the equipment, maintenance of the property, lack of installation of an irrigation system, and devaluation of neighbors' properties. A neighbor raised the issue of compliance with Measure G, and asked if there was an EIR or a negative declaration. Walgren responded that an Environmental Initial Study and a draft Negative Declaration were presented at the December 10 hearing and are still open and available for public review, and subject to Planning Commission consideration tonight. The initial checklist primarily is the basis for the Negative Declaration, also relying on the parameters of the FCC Act of 1966 and the Health and Safety Standards Act. Commissioner Bernald asked Walgren to address the concerns about maintenance of the property. He responded that we do have a maintenance agreement, so if 25% of the plants that are installed are not surviving, we have the authority to require that those be replanted. Because of the nature of the property and the difficulty of providing a permanent irrigation system, that was not a requirement. The requirement was that the plants be irrigated until they are self - sustaining. We have a continuing maintenance agreement that if they are not surviving, they can be replanted, and that would reinitiate the requirement to bring water trucks to the property and irrigate the site. Commissioner Martlage asked whether a tree pole is available that the neighbors might go to see. The public hearing was closed at 8:40. Commissioner Bernald said they have a letter from Lee Lesh and wanted to verify his statement that approximately 15 years ago the city elected to change the zoning from C -N to R -1. Walgren confirmed that R -1 is correct. Commissioner Pierce was concerned that this might not be the correct site, and neighbors are reticent to go along with the project. He is unable to support the application, whether the original proposal or staffs recommendation. Commissioner Bernald was concerned that putting the pole and the building on the site does not keep it in character with a residential area. She feels there are alternative areas that would be more correct and cannot support the application. Commissioner Martlage felt the equipment building is too big for this spot. She believes that new technology will downsize the structure, so did not see a point in putting up such a big structure now. Chair Patrick said that, in order to support the project, she would have to be convinced there were no other alternatives for site location, that the neighbors were happier than she heard here, and that the technology couldn't be smaller in some way. Chair Patrick said it appeared the applicant would not be getting approval tonight. The Commission gave the applicant the opportunity to re -open the public hearing only for the purpose of attempting to meet any of the requirements or to comply with anything heard. If the applicant wanted a vote and to take it on to the City Council, that was also an option. The applicant requested a vote. BERNALD /PIERCE MOVED TO DENY UP -97 -010; DENIED 4/0. Planning Commission Minutes January 28, 1998 Page 4 Walgren believed the points were made clearly enough that he would consider the resolution as being adopted this evening, and it could be drafted tomorrow for the chairperson's signature. He did not feel the resolution would need to be brought back on the February 11 agenda, unless the Planning Commission would prefer to see it before they adopt it. Planning Commission concurred. Vic Monia felt that if this is an R -1 district, and if the applicant comes back on this property, the Commmission will need an opinion from the City Attorney on whether or not that is in violation of Measure G, as Measure G's words specifically say that you cannot increase intensity use. 2. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION INC., 14168 Taos Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story home at 20 feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district. (CONTINUED FROM 1/14/98). APPLICANT REQUESTED A CONTINUANCE TO 2/11/98. 3. DR -97 -028 (503 -16 -090) - BLACKWELL BROTHERS DEVELOPMENT CO., 18850 Bella Vina; Request for Design Review approval to construct a new 4,997 sq. ft. two -story residence on a newly created parcel, lot 3 of the Bella Vina Subdivision. The site is 75,217 sq. ft. (33,081 sq. ft. net) located within the R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 8:50 p.m. Chris Spaulding, applicant's representative, addressed an item on the staff report relating to color and material schemes for this house. This one is proposed not to be stucco with a slate roof, but a shingle house with a comp shingle roof. Site will not be visible, except for one neighbor to the north, the Hulmes. The bridge has been designed in the only practical place. The Fire Department requires a large turning area for their apparatus. The house has been placed to the south, within the setbacks and easements required for the creek and sanitary sewer; we tried to make the house predominantly one story so as to keep the exposure from the existing house to the north as low as possible. Our elevations show that the only second story windows that look that direction are a small bathroom window and two small windows in a playroom. Further, we tried to save a tree to the north to try to get some shelter between the two houses. Commissioner Pierce wondered what the limitations are in rotating the house so that the front was facing more toward the bridge and was told the turnaround required by the Fire Department would not fit. Chair Patrick felt the driveway appears to be right along the property line, which faces the "only neighbor" whose vision is at all impaired by this house; it seems to be very intrusive to the only people who are there. Walgren said that a letter was received this evening and distributed to the Planning Commissioners from John and Susan Hulme, who live directly adjacent to the property. The Hulmes are here to present their points, so Walgren will not read the letter into the record. Planning Commission Minutes Page 5 January 28, 1998 Neighbors attended the meeting and expressed their concerns about the property setbacks being closer and closer to the houses; that neighboring properties should be taken into consideration as new properties are developed; that landscaping has been put into the creek beds and that protection of the creek cannot be enforced; and that more time was needed to look over other alternatives for the property. John Huhne, 20964 Comer Drive, said that people previously would have to cross his property to get to this house, and was concerned about the bridge and the orientation of the house. Connnissioner Martlage asked if Mr. Hulme would entertain the idea of an access easement across his property rather than have the access across the creek. Mr. Hulme said he would probably not consider it. Greg Blackwell, 20011 Bella Vista, said the bridge was not put in with the improvements because there was a possibility that they would be going into a contract to sell the property to Mr. Hulme, and that the applicant was never interested in an easement over his property. The house was designed to be as far away from the Hulmes as possible. Commissioner Bernald asked Mr. Blackwell why the bridge is located where it is, and was told that it is located at the narrowest part of the creek where it can cross. The public hearing was closed at 9:15 p.m. Commissioner Martlage was concerned about the placement of the house and felt it appears to intrude on the neighbor's back yard. Commissioner Pierce felt the bridge will be adequate to handle creek water flow; he would like to see an attempt made to turn the house to face more of the creek area. The design of the two -story part of the house, which seems to be dropped on top ( "box on box ") is not attractive. He said he would have no problem with the floor area exception being made. Commissioner Bernald was surprised to see a new home with the "box on box" feature built in from the beginning and was having trouble with the siting on the property as well as the length of the driveway as a result of turning the house around. A different floor plan or a different siting might have been better. Chair Patrick likes the design but is concerned about the siting and the length of the driveway. She would like to see some consideration given to a re- siting the house. Chair Patrick stated that the four commissioners present will not vote to approve as proposed. She asked the applicant if he would like to request a reopening of the public hearing to come back with something else, stating that overlays showing why it can't change would be appropriate as well. She suggested the applicant speak with staff to clarify what the Commission is asking. PIERCE/BERNALD MOVED TO REOPEN THE PUBLIC HEARING FOR THE PURPOSE OF CONTINUING IT TO THE 2/11/98 STUDY SESSION; PASSED 4/0. There was a break from 9:25 to 9:30 at the request of Chair Patrick. Planning Commission Minutes January 28, 1998 Page 6 4. V -97 -013 (APN 503- 55 -22) - WILD, 14634 Ambric Knolls Road; Request for Variance approval to permit an existing carport (built by a previous owner without permits) that is 13 feet from the side property line where a 20 -foot setback is required. Separate from the Variance request, the applicant will also apply for building permits to legalize an existing 94 sq. ft. addition to their one -story home and a 700 sq. ft. detached garage, 10.5 feet in height. The property is 1.06 acres and is in the R -1- 40,000 zoning district. Walgren presented the staff report. The public hearing was opened at 9:35 p.m. Gary Schloh, architect representing the owner, said that Mr. Wild had asked that they make everything on this property comply to current City codes and requirements. He complimented staff on their report. The public hearing was closed at 9:38 p.m. Commissioner Martlage felt the application provided the best solution given the lay of the property. Commissioner Pierce was pleased that Mr. Wild chose to come to the City and to hire someone like Mr. Schloh to make the property appropriate under our code and regulations, and is able to support the application. Commissioner Bernald felt it appears to be well integrated into the plan, and since there have been no complaints over this period of time, she has no problem supporting it. Chair Patrick said she would be concerned if there were neighbors concerned about the setbacks, but other than that, there seems to be no problem, and it seems appropriate. BERNALD /PATRICK MOVED TO APPROVE V -97 -013; APPROVED 4/0. 5. UP -93 -005.1 & V -93 -016.1 (APN 386 -46 -005) - VALLANCEY, 12580 Pasco Cerro; Request for clarification of UP -93 -005 and V -93 -016 so as to expressly permit use of converted carport as guest house/habitable space. Walgren presented the staff memo. Commissioner Martlage asked for confirmation of the restricted hours. Walgren stated that the limiting hours are 1:00 -6:00 a.m., and that the time restriction comes from our commercial zoning ordinance, which prohibits 24 -hour businesses; the time was chosen because it was consistent with an existing ordinance. The public hearing was opened at 9:44 p.m. Mark Vallancey, applicant, said the building was originally to be used as a darkroom. He made several changes to improve the property and felt his neighbors would agree that the property looks better now. The Planning Commission Minutes - January 28, 1998 Page 7 house does not have a lot of flexibility, and he is looking for an overflow bedroom, a general utility room. Neighbors attended the meeting and spoke in support of the applicant and his proposal. They felt that the curfew recommended was far - reaching and that placing a commercial restriction on a residential property was not appropriate. Chair Patrick commented that one of the speakers was at the meeting of October 27, 1993, and according to the minutes, he assured the Commission that the structure would only be used as a garage, workshop, and bathroom, and not a dwelling unit. Her sense was that he did not feel there was any ambiguity in what was approved at that time. The public hearing was closed at 10:05 p.m. Commissioner Bernald requested information from the City Attorney about legal parameters for second units and dwelling units. The City Attorney said that the primary difference between a second unit and a guest house is defined as a temporary or accessory use and not intended for separate living quarters. The conditions and approvals imposed would be what the Commission feels would be necessary as an accessory use. Chair Patrick asked that the City Attorney define a dwelling unit. The City Attorney read the definition from the code. Conunissioner Pierce felt that the 1:00 -6:00 restriction is difficult to enforce, and felt that the solution is to require that the bathroom be taken out. He would support a requirement that the bathroom facilities be removed, as well as the main kitchen facilities, eliminating any need for the 1:00 -6:00 restriction. Commissioner Martlage asked where the phrase "intensity of usage" comes into play, whether with this project, or making the distinction between a guest house and a second unit. She said if intensity abuse was defined anywhere, or whether there are informal definitions used by staff. Walgren said the terminology in the staff report is the result of almost a year's worth of involvement with our code enforcement staff and discussions with the applicant's representative. Commissioner Bernald was concerned about the kitchen, and is uncomfortable with overturning very strong feelings that came from a previous Planning Coininission. She said there are four Commissioners here that would be concerned with creating a situation such as the one the applicant has created. Walgren asked if there was some consideration to ask the applicant to choose between the two, or making a motion to go with one or the other. Commissioner Pierce stated he still thought the 1:00 -6:00 restriction would be difficult to enforce. Chair Patrick suggested to the applicant that he can choose to go along with the staff's recommendation or that he can choose to take out the bathroom. Either way, it becomes more like a guest bedroom, if that is the way the applicant chooses to use it. She was not inclined to approve this because it is an expansion of Planning Commission Minutes - - Page 8 January 28, 1998 the original use. PIERCE /PATRICK, ON UP -93 -005.1 AND V -93- 016.1, MOVED TO APPROVE THE STAFF'S RECOMMENDATION WITH THE ADDITIONAL OPTION THAT THE TIME RESTRICTION WILL BE IN PLACE UNTIL SUCH TIME AS THE APPLICANT, MR. VALLANCEY, CHOOSES TO REMOVE THE BATHROOM FACILITIES AND THE KITCHEN FACILITIES; APPROVED 4/0. 6. DR -97 -054 & UP -97 -014 (366 -29 -009 & 366 -29 -007) - PENINSULA RECREATION, INC.; 21990 Prospect Road; Request for Design Review and Use Permit approval to construct an addition to the existing clubhouse (including an elevator and remodeled exterior), a new pro shop which will be approximately 1,100 sq. ft., a new observation deck between the tennis courts, and 30 new parking spaces. The site is approximately 34.4 acres, located within the Hillside Residential zoning district. Walgren presented the staff report. The public hearing was opened at 10:29. Bill Masten, project architect, said they concur with the staff report, and hope the Commission will also approve the application. Commissioner Martlage asked why an out - building containing rest rooms was not considered for the site, as plumbing and electricity already exist there. Masten said the site was chosen specifically to maximize existing parking. It also has to do with visual accessibility for groundskeepers and course maintenance people. The public hearing was closed at 10:32. Commissioner Bernald said that everything looks good to her. Commissioner Pierce said he's happy to see the expansion, and he can support it. Commissioner Martlage concurred. Chair Patrick also concurred. BERNALD /MARTLAGE MOVED TO APPROVEUP -97 -014; APPROVED 4/0. BERNALD /MARTLAGE MOVED TO APPROVE DR -97 -054; APPROVED 4/0. DIRECTOR ITEMS 1. Rescheduling Retreat Planning Commission Minutes January 28, 1998 Page 9 Walgren said the retreat was postponed because so many Planning Commissioners were unable to attend and that we are not fully staffed right now. We would like to do it when all the Planning Commissioners are available, and we have our vacant position filled. The tentative date is March 27. 2. Recruitment for Assistant Planner We are in the process of recruiting for the position formerly held by Carol Deming. We had hoped to use the candidacy list from when we hired John Cook, but all of the good candidates on that list have jobs they are happy with. We have to go through a full recruitment process, and we will be bringing someone in on a contract basis to help us get over the backlog. 3. Coffee at Commission Meetings Walgren polled the Planning Commissioners to see if any are using the coffee in the lobby. They responded that they are not drinking it, and a decision was made not to provide coffee at future meetings. COMMISSION ITEMS 1. Appointment of New Bicycle Advisory Committee Member BERNALD /PIERCE MOVED TO NOMINATE CHERYL MARTLAGE AS THE NEW MEMBER OF THE BICYCLE ADVISORY COMMITTEE; APPROVED 4/0. Walgren told Commissioner Martlage that Erman Dorsey is our staff person to the Bicycle Advisory Committee, and that she can feel free to contact Erman or himself if she has questions. 2. Planners Institute Conference Walgren wanted to verify with the Commissioners the level of interest generated for attending this conference scheduled for March 5 -7. Roughly $1,750 has been set aside for this event. Commissioner Martlage said it has been suggested that she attend; Walgren said that he would attend as well. Other Commissioners will be contacted, and further discussions will be held. COMMUNICATIONS Written City Council Minutes dated January 7, 13 and 15, 1998 Notices for Planning Commission Meeting of February 11, 1998 ADJOURNMENT - 10:55 p.m. to Wednesday, February 11, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: Wednesday, January 14,1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call Present: Chair Patrick, Commissioners Bernald, Kaplan, Martlage, Pierce, Siegfried Absent: Commissioner Murakami Staff. City Attorney Faubion, Bradley, Crowley Pledge of Allegiance Minutes - December 10, 1997 - Approved 4/0; Chair Patrick and Commissioner Martlage abstained. Oral Communications Report of Posting Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 9, 1998. Technical Corrections to Packet Associate Planner Bradley reported that page 8, condition 5c, of Resolution DR -97 -012, should read "...replacement trees valued at $2,730...," not "...replacement trees valued at $8,224...." This will be corrected on the Resolution. CONSENT CALENDAR 1. UP -97 -010 (APN 389 -1.9 -031) - NEXTEL COMMUNICATIONS /TURKUS, Southwest Corner of Sousa Lane and Quito Road; 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 Road adjacent to Highway 85. (CONTINUED FROM 12/10/97; APPLICANT'S REQUEST FOR A FURTHER CONTINUANCE TO JANUARY 28,1998, APPROVED 6/0). PUBLIC HEARINGS 2. DR -97 -021 and V -97 -005 (APN 503 -15 -042) - BREGANTE; 21143 Chadwick Court; Request for Design Review approval to construct a new 5,683 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 2.3 acres in size, located in an HR zoning district. (CONTINUED FROM 11/12/97). Planning Commission Minutes January 14, 1998 Page 2 Bradley presented the staff report recommending approval of the application if Commission concurred that the design of the revised plans is appropriate for the site and that the size of the floor area reduction is adequate. The public hearing was opened at 7:34 p.m. Lou Basile, applicant's representative, stated the revised design was accepted by all commissioners at the December 10, 1997 study session and requested that the Planning Commission reconsider approval. Neighbors on Chadwick Court were present and expressed concern about the size and location of the house and its impact on their privacy. The public hearing was closed at 8:00 p.m. Commissioner Kaplan questioned the importance of the sewer easement and was concerned about granting a variance on a steep hillside. Commissioner Bernald was also concerned about the size of the house. Commissioner Siegfried disagreed, stating that the real concern is the type of home and the sizing. Commissioner Pierce felt the house was still too large. Commissioner Martlage felt the right elevation in the plan is better, as the roof line is cut down. Chair Patrick felt the house is too big, and that she cannot approve the plan. COMISSIONERS MOVED TO REOPEN THE PUBLIC HEARING AND TO CONTINUE THE ITEM TO FEBRUARY 25, 1998, FOR RE- DESIGN OF A SMALLER HOME. APPROVED 6/0. 3. DR -97 -012 (APN 397 -42 -018) - PINN BROTHERS CONSTRUCTION INC., 14168 Taos Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story home at 20 feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000 zoning district. Bradley presented the staff report recommending approval of the application, as the project meets all height, setback and floor area requirements. The public hearing was opened at 8:30 p.m. Chuck Bommarito, Pinn Brothers Construction, agreed with the findings of the staff report and displayed a rendering of the house. Planning Commission MinaL , Page 3 January 14, 1998 Neighbors on Durham Court were present and expressed concern about the home size, water runoff from Wildcat Creek, and compatibility with other houses. The public hearing was closed at 8:40 p.m. Commissioner Kaplan asked the total length of the house, and requested information about the type of fireplaces. She commented on the compatibility of this home with others. Commissioner Martlage pointed out that the two sides of the neighborhood are different and that this home does not look like a "transition" piece to her. Commissioner Pierce noted that it is difficult to get from one neighborhood to the other, and that the lot on Taos Court is extremely large. He stated that he would be able to approve the plan as submitted. Commissioner Siegfried liked that home and felt that it was nicely designed. Commissioner Bernald said that although the site has a different flavor from the neighbors, the proposed home did not comply with the restrictions placed on the lot in the Resolution. Chair Patrick said she would not be able to approve the plan. COMMISSIONERS MOVED TO REOPEN THE PUBLIC HEARING AND TO CONTINUE THE ITEM TO JANUARY 28, 1998, FOR A RE -VOTE. SPLIT 3/3. There was a break from 8:50 - 8:55 p.m. at the request of Commissioner Kaplan. DIRECTOR ITEMS 1. Status Report on Argonaut Shopping Center Bradley presented the staff memo, stating that the Planning Commission had two options: (1) to direct staff to allow Pad B development to proceed independently of the main Center, or (2) to confirm staffs position that the project needs to occur simultaneously and as a whole. In response to questions from Commissioner Kaplan, City Attorney Faubion explained that the project had been approved in total and that Pad B is still connected with Argonaut, even though the ownership is separate. Chair Patrick stated that the project cannot be separated into parts, that it must remain as one. She asked if the owner was seeking any changes for the plans for Pad B. Planning Commission Minn,.:., January 14, 1998 Page 4 Commissioner Bernald asked if Pad B could be developed in February or March, at the same time Alain Pinel begins work. Commissioner Siegfried stated that Argonaut Center cannot radically change. 2. Planning Commission Retreat Commission accepted the Retreat agenda. 3. Planners Institute Conference This will be an item of discussion on the agenda for January 28, 1998. COMMISSION ITEMS Commissioner Bernald requested that the Bicycle Advisory Committee appointment be agendized for the January 28, 1998 meeting. COMMUNICATIONS Written 1. City Council Minutes dated December 3, December 9, and December 17, 1997 2. City Council Meeting Calendar for 1998 3. Notices for Planning Commission Meeting of January 28, 1998 ADJOURNMENT - 9:15 p.m., to Wednesday, January 28, 1998, Civic Theater 13777 Fruitvale Avenue, Saratoga, CA