HomeMy WebLinkAbout01-14-2009 Planning Commission MinutesMINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, January 14, 2009
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Cappello called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
Absent: None
Staff: Director John Livingstone, Assistant Planner Cynthia McCormick, Assistant
Planner Michael Fossati and City Attorney Bill Parkin
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of December 10, 2008.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner
Rodgers, the Planning Commission minutes of the regular meeting of
December 10, 2008, were adopted with an edit to page 7. (5001;
Commissioner Kundtz abstained)
ORAL COMMUNICATION
There were no Oral Communications.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on January 8, 2009.
REPORT OF APPEAL RIGHTS
Chair Cappello announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of
the decision, pursuant to Municipal Code 1590.050(b).
CONSENT CALENDAR
There were no Consent Calendar items.
Saratoga Planning Commission Minutes of January 14, 2009 Page 2
***
PUBLIC HEARING ITEM NO. 1
APPLICATION #PSP080003 (36612054) Goodere, 12333 SaratogaSunnyvale Road:
The applicant requests Planning Commission approval to construct and display a freestanding
identification sign. The sign will be approximately 34 square feet in size. Sign materials
include a concrete base, aluminum skin, lettering and numbers. Sign colors include white,
black and warm gray. The sign will be externally illuminated with a 20watt halogen up light.
Per Saratoga Municipal Code (SMC) Section 1530.060(a), illuminated signs require Planning
Commission approval. The property location is approximately 45,000 square feet and the
zoning is CommercialVisitor (CV). (Michael Fossati)
Mr. Michael Fossati, Assistant Planner, presented the staff report as follows:
• Advised that illuminated sign requests require Planning Commission approval.
• Said that the application is Categorically Exempt under CEQA.
• Described the proposed sign as being located in the front of 12333 SaratogaSunnyvale
Road consisting of approximately 34 square feet and constructed of aluminum and
concrete with an aluminum skin. The colors of the sign are black, white and gray. The
sign is approximately four feet, six inches tall. The illumination will be groundmounted low
voltage with 20 watts of light per fixture and three fixtures per side for a total of 60 watts
per side of the side.
• Explained that this sign wattage is the same as the Saratoga Country Club sign that was
approved last year.
• Reported that this sign is to be placed in a landscape area where there is currently a
Chinese Pistach tree. That tree will be relocated into the street side planter strip.
• Added that both Public Works and Parks staff reviewed the relocation of the Chinese
Pistach tree and agreed that it would be acceptable. There was such a tree there in the
past that was knocked over by a truck and never replaced.
• Reported that the 500foot neighbor notification was distributed and no negative comments
were received.
• Said that all findings required per Code and the Gateway Guidelines have been met.
• Recommended approval.
Commissioner Rodgers asked if the handout this evening should be attached to Exhibit A.
Planner Michael Fossati deferred to the City Attorney.
City Attorney Bill Parkin said that it could be added to the resolution.
Chair Cappello opened the public hearing for Agenda Item No. 1.
Mr. Kurt Goodere, Applicant:
• Said that his business is being relocated onto this property where there is currently no
sign.
Saratoga Planning Commission Minutes of January 14, 2009 Page 3
• Added that no one can find the site right now.
• Explained that this is a twostory building with seven tenants. They will be the main
tenants.
Chair Cappello closed the public hearing for Agenda Item No. 1.
Commissioner Hlava pointed out that there is existing language in the resolution requiring
replanting as shown on Exhibit A. She suggested making tonight’s handout a part of Exhibit
A.
City Attorney Bill Parkin said that is a fine idea.
Commissioner Hlava said that she has no problems with this request. If there is no further
discussion required, she said she would be willing to make the motion.
Commissioner Rodgers said that she has no problem and is happy that this business is
relocating to Saratoga.
Motion: Upon motion of Commissioner Hlava, seconded by Commissioner
Rodgers, the Planning Commission approved a freestanding exterior
illuminated sign of approximately 34 square on property located at 12333
SaratogaSunnyvale Road, with the addition to Exhibit A, by the following
roll call vote:
AYES: Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
PUBLIC HEARING ITEM NO. 2
APPLICATION #PDR080028 (51720027) Jensen, 14890 Montalvo Road: The applicant
requests Design Review approval to construct a secondstory addition to an existing single
story singlefamily residence. The project will add 135 square feet to the ground level and
1,028 square feet to a new second story for a total floor area of 4,967 square feet. No trees
are proposed for removal. The proposed height of the home is less than 26 feet. The lot is
20,794 square feet and the site is zoned R120,000. (Cynthia McCormick)
Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows:
• Provided a revised draft resolution that includes changes to Condition 18 on the
indemnification clause.
• Explained that the applicant is seeking Design Review approval to allow the construction of
a 1,028 square foot second story addition and a 135 square foot ground level addition to
an existing singlestory residence. The total floor area would be 4,967 square feet.
Saratoga Planning Commission Minutes of January 14, 2009 Page 4
• Reported that the site includes an existing secondary dwelling unit that will be deed
restricted to allow a onetime tenpercent floor area bonus.
• Advised that the existing residence was reviewed by the Heritage Preservation
Commission on December 9, 2008, and was found not to be historic.
• Reported that the home will include the two existing wood burning fireplaces, two existing
gas fireplaces and one new gas fireplace on the second floor for a total of five fireplaces.
• Said that no trees are proposed for removal.
• Said that a variety of green strategies will be implemented as described in Attachment 4.
• Reported that the project color board is being distributed.
• Stated that the home will maintain the existing brick and wood siding façade.
• Pointed out that the surrounding neighborhood is a mixture of both one and twostory
homes.
• Said that the perception of bulk is reduced through the use of undulating walls and a low
pitch roof. The home will not exceed 26 feet in height and privacy impacts are minimized
by locating the majority of the second story toward the front of the property.
• Recommended that this project be found Categorically Exempt from CEQA and that the
Commission adopt a resolution approving PDR080028 as amended.
Commissioner Rodger said she was not sure that she had an Attachment 4 in her packet.
Planner Cynthia McCormick said she would pass around her copy of Attachment 4.
Chair Cappello opened the public hearing for Agenda Item No. 2.
Ms. Kirsten Jensen, Applicant and Property Owner:
• Explained that she is here with her husband, David Kerley.
• Reported that her mother is also here this evening. She will be moving out here from New
Jersey when the addition is done.
Mr. Roger Griffin, Paragon Design Group, Los Gatos:
• Explained that this existing residence has one bedroom on the main floor and the goal is to
have a sleeping room on the ground floor for parents to use without their having to
negotiate stairways.
• Reported that they had first looked at converting the existing garage into a master
bedroom and move the garage under the rear patios but the driveway for this new garage
would be near an existing oak tree along Montalvo Road, which brought up uncomfortable
issues.
• Added that they brought in an arborist, Barrie Coate, for an evaluation and guidelines that
would preserve this magnificent oak tree. It soon became clear that any excavation would
be detrimental to this tree. Then, and only then, did they consider adding a second story.
• Said that this second story has been designed to be entirely compatible with the original
architecture to look as though it was built at the time of original construction.
• Stated that in addition, they have utilized onestory elements, stepping up to the upper
floor, and have avoided twostory fullheight walls.
• Said that this undulation of the wall plain significantly reduces the apparent mass of the
structure.
Saratoga Planning Commission Minutes of January 14, 2009 Page 5
• Advised that they believe this solution is highly compatible with the neighborhood and is
smaller in appearance than the other larger twostory homes across the street.
• Requested approval and said he was available for any questions.
Commissioner Hlava pointed out a typographical error that reads “thankless” water heater
rather than the intended “tankless” water heater.
Commissioner Zhao asked about allowances for five fireplaces.
Chair Cappello explained that as they are existing, it is okay to keep them.
Chair Cappello closed the public hearing for Agenda Item No. 2.
Commissioner Hlava said that she could make the findings to support this application with no
problem. There are lots of twostories in the vicinity and this is a halfacre lot.
Commissioner Rodgers said that this proposed new second story is so well articulated and
uses the same wood as the original house as well as using the same brick company to
provide bricks that match existing bricks. She said that this would be practically an invisible
addition.
Commissioner Kundtz said that there is no excess bulk. They have done a great job with the
design. The house remains compatible with the neighborhood and he can support this
request.
Commissioner Zhao said that she can make all the findings and finds that this home appears
like a singlestory structure.
Commissioner Kumar said he too could make the required findings. While the project is up to
the maximum allowed square footage, there is no impression of bulk. He reminded that this is
a larger lot at half an acre. He advised he could support this request.
Chair Cappello:
• Explained that it is important for the Commission to carefully look at twostory additions
closely. These applications are not rubberstamped.
• Added that each application is evaluated on its own merits and design.
• Agreed that all the findings could be made in support of this application.
• Stated that the home fits in this neighborhood and on this lot and allows the retention of
views and privacy.
• Said that this home has a great appearance.
Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner
Hlava, the Planning Commission granted Design Review Approval
(Application #PDR080028) to construct a 135 square foot first floor
addition and 1,028 square foot new second story on an existing resident
located at 14890 Montalvo Road, as amended and including a deed
Saratoga Planning Commission Minutes of January 14, 2009 Page 6
restriction for the existing secondary dwelling unit, by the following roll
call vote:
AYES: Cappello, Hlava, Kumar, Kundtz, Rodgers and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
DIRECTOR’S ITEMS
Director John Livingstone:
• Pointed out the tentative agenda that forecasts out to March.
• Reminded that a question was raised about having a Planning Commission
retreat/workshop on January 27 th . However, staff has learned that Jonathan Wittwer
cannot attend a meeting on that date. He would like to participate in a training session
with the Commission in the near future.
• Suggested that the Commission could still meet on January 27 th at approximately 5:30
p.m. after the site visits in order to prepare for the February 4 th joint Council/Planning
Commission session.
Commissioner Hlava:
• Pointed out that there are two things to accomplish. One is a training session that
Jonathan Wittwer wants to conduct. The second is an opportunity for the Commissioners
to get together to look at the work schedule for the rest of the year.
• Questioned whether this should happen before the February 4 th joint meeting with Council
or after.
• Added that Commissioner Rodgers had previously indicated to her that it might be helpful
for the Commission to meet before the joint meeting with Council. She said that she thinks
that with so many new members on the Council, the previous priority list might change so
perhaps this part of the discussion should occur after the joint session.
Chair Cappello said that the Commission typically has a preparation meeting prior to a joint
session with Council. It gives the Commission the opportunity to gather and organize its
thoughts.
Commissioner Kundtz said that at these preparation meetings, Director Livingstone gives the
Commissioners an overview of the coming year’s priorities.
Commissioner Cappello sought clarification from Director John Livingstone that City Attorney
Jonathan Wittwer wants to conduct the training portion of the Commissioners’ meeting.
Director John Livingstone replied yes, he’s prepared an extensive template and format for
resolutions and reports and he wanted to go over that before staff starts using it. He added
that Council has its own retreat on January 30 th .
Commissioner Rodgers said that the Commission gives its priorities and feedback to Council.
Saratoga Planning Commission Minutes of January 14, 2009 Page 7
Chair Cappello said that there is real value and purpose in the Commission having such a
preparation meeting prior to the joint session with Council. He said that while January 27 th
might not be the best day, there may not be any other choices available.
Commissioner Kumar supported holding a meeting of the Commissioners on January 27 th to
open the discussion on the issues and priorities of the Commission prior to meeting with
Council. After than, another meeting can be set in the future for training with City Attorney
Jonathan Wittwer.
Chair Cappello agreed.
Director John Livingstone pointed out that the schedule is pretty packed. If this preparation
meeting is held on January 27 th , there are study sessions set through March. This
Commission is going to be busy until summer.
Commissioner Hlava cautioned that the Housing Element would be the focus through June. It
will take up so much time and other priorities might have to wait until after June.
Director John Livingstone agreed. He added that he is working on a draft game plan for the
Housing Element Update. However, Council has also asked that the Planning Commission
work on an ordinance update to extend the relaxed parking.
Chair Cappello said that the meeting on January 27 th appears to be necessary and can be
scheduled.
Director John Livingstone advised that this session was plugged into the schedule yesterday.
Chair Cappello pointed out that Commissioner Kumar has prepared a list of suggested
priorities and suggested that the other Commissioners also do so in preparation for the
January 27 th meeting.
COMMISSION ITEMS
There were no Commission Items.
COMMUNICATIONS
There were no Communications Items.
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Kundtz, seconded by Commissioner Hlava, Chair Cappello
adjourned the meeting at approximately 7:39 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk