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HomeMy WebLinkAbout02-08-1995 Planning Commission minutesi _; ~NNING CO1VIl~iISSIO~T 1tiINLTT)~ FEBRtiARY 8, 1995 City Council Chambers, 13777 Fruitvale Avenue Regular Meeting ----------------------------------------------------------------------------------------- The meeting was called to order at 7:30 p.m. by Chairman Asfour. Roll Call Present: Abshire, Kaplan, Murakami, Patrick, Siegfried, Asfour Late: None Absent: Caldwell Staff Present: Associate Planner Walgren City Attorney Riback and Community Development Director Curtis were not present this evening. PLEDGE OF ALLEGIA\ CE MI\~iJTES January 25, 1995 COMMISSIONERS PATRICK/ABSHIRE MOVED TO APPROVE THE JANUARY 11, 1995 MINUTES WITH THE FOLLOWING AMENDMENTS: - Page 6, paragraph 5, second sentence amended to read as follows: "...However,she had one concern, that being the rotunda because it is the front, central focal point of the building and appears to be flat;<>nari-txtural and plytvood~ life i.n appcar:~nce. - Page 11, paragraph 1, first sentence amended to read: "...addition,30 more r°°s residences will be constructed at the old Paul Mason property.... " - Page 13, paragraph 4, second sentence amended to read: "...Itpre~eck eurre~ to her that Saratoga was incorporated to differentiate itself from San Jose...." - Page 14, paragraph 4, amended to include the following: "Chairman Asfour congratulated the public for not repeating what was previously stated. He stated that he did not see a clear and present need to chance the general plan to ac~Qri~odate: Cie applitarit`s:>:request fir commercial des~~riat~on for:::::>tla€::.lot. He supported rejection of the plan. " - Page 15, addition of the following paragraph prior to the closing of the public hearing: "CommissiarerMurakami. cotnplint~nted the applicant .fq.r the design ~if..the hotrtes, ~ for~his cooperattan in the design review process and ~ stated his supp<.irt for ~lY applications." - Page 18, paragraph 7, amend the motion to read as follows: "Commissioners PLAI~TNING COMMISSI• MINUTES • FEBRUARY 8.1995 PAGE - 2 - Caldwell/Siegfried moved to direct staff to prepare a resolution approving the proposal which includes approval of the two signs and the guard house making the variance findings that due to the physical constraints~:~ of~~~~tlie properties of the neighborhood.... " THE MOTION CARRIED 6-0 WITH COMMISSIONER CALDWELL ABSENT. ORAL COAZitZU\'ICATION No comments were offered. REPORT OF POSTII~TG AGE`TDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 3.1995. Technical Corrections to Packet Planner Walgren reported that there were two corrections as follows: - Item No. 1, the zoning change should be in resolution form and has so been corrected. - Item No. 3, Lester/Von Dorsten, 14120 Saratoga Avenue, applicant has requested that this item be continued indefinitely. Staff supports the request because it allows the city to have the map and the design of the new homes reviewed simultaneously by the Heritage Preservation Commission. Staff will send out new public notices to the adjoining properties within 500 feet and readvertise the item for a later date. Commissioner Kaplan noted that the 3-29-95 expiration date as listed on the agenda. Planner Walgren informed the Commission that the 3-29-95 date reflects the time limit that theyCity has according to state law and the Permit Streamlining Act. Staff is able to extend that date up to 90 days if the applicant requests the City to do so. The applicant has requested the 90 day extension so the new expiration date is June 29, 1995. Should the application not be ready to proceed by the June 29, 1995 date, the City would need to agendize the item and have it heard and recommend denial of the application based on inactivity and the lack of resubmittal. Anew application would then need to be filed if that is the case. CONSENT CALE\'DAR 1. GPA-94-002 Kosich; 1232 Saratoga Ave., request for General Plan Amend- AZO-94-001 ment in order to redesignate approximately 3 of the 5 acres, from Medium Density Residential (M-10) to Commercial Retail (CR). The request also im~olves Amending the Zoning Ordinance in order to rezone the 3 acres from R-1-10,000 to Commercial Neighborhood PLANNING COMMISSI~ MINUTES • FEBRUARY 8, 1995 PAGE - 3 - (C-N). An Em~ironmental Initial Study, as required by the California Environmental Quality Act (CEQA), has been prepared for this project. (Cont. from 1/25/95 to prepare and adopt denial Resolutions). ------------------------------------------------------------------------------------------------ 2. V-94-024 - Vineyards of Saratoga Homeowners Assoc.; Saratoga Ave. at Hwy. 85, request for Variance approval to allow an 8 ft. tall soundwall along the Saratoga Ave. frontage of the Vineyards of Saratoga townhomes. The subject property is located at the northwest corner of Saratoga Ave. and H~vy. 85 and is within a Residential Multiple-Family zoning district. (Cont. from 1/25/95 to amend and adopt the approval Resolution). COMMISSIONERS KAPLAN/PATRICK MADE A MOTION TO MOVE AGENDA ITEM 3 (SD-94-002/DR-94-011/DR-94-012 TO THE CONSENT CALENDAR BY MINUTE ACTION. THE MOTION CARRIED 6-0 WITH COMMISSIONER CALDWELL ABSENT. 3. SD-94-002 - Lester/Von Dorsten; 14120 Saratoga Avenue, request for Tentative DR-94-011 - Parcel Map and Design Review approvals to subdivide a 1.3 acre parcel DR-94-012 - into separate parcels and to construct t~vo ne~v single-family residences. The subject property is an interior parcel located within an R-1-20,000 zoning district. (Cont. from 1/25/95 at the request of the applicant; application expires 3/29/95). COMMISSIONER KAPLAN/MURAKAMI MOVED TO APPROVE CONSENT CALENDAR ITEMS 1, 2 AND 3 (CONTINUING AGENDA ITEM 3 INDEFINITELY) BY MINUTE ACTION. THE MOTION CARRIED 6-0 WITH COMMISSIONER CALDWELL ABSENT. PUBLIC HEARI\GS 4. DR-94-050 - Lei;~is; 18581 McCoy Ave., request for Design Review approval to construct a 1,768 sq. ft. first and second story addition to an existing 1.348 sq. ft. single story residence pursuant to Chapter 15 of the City Code. The subject property is approximately 12,400 sq. ft. and is located within an R-1-10,000 zoning district. (Cont. from 1/25/95 at the request of the applicant; application expires 5/4/95). ------------------------------------------------------------------------------------------------ Planner Walgren presented the staff report on this item. Staff indicated its support of a two story home in this particular site but recommended that the applicant revise the plans to bring the height down, to spread the home out a little bit, and to emphasize the horizontal, reducing the emphasis on the vertical so that it better integrates with the neighborhood. Staff requested Commission indication as to whether there was an agreement with staff's recommendation. PLANNING COMMISS>~ MINUTES • FEBRUARY 8, 1995 PAGE - 4 - Commissioner Murakami inquired as to the general lot dimension. Planner Walgren responded that it was his belief that the lot was approximately 165 feet deep and that the lot was significantly deeper than the typical lot within this subdivision. Chairman Asfour opened this item to public hearing at 7:43 p.m. Carey Lewis, 18581 McCoy Avenue, applicant, stated that he understood that all t~vo story homes in this area are subject to public hearing. He stated that he was careful to understand the neighborhood to ensure that whatyis proposed is in accordance with City requirements. He noted that the area consists primarily of older homes of which, many remain in their original condition, many of the homes have been fixed up without changing the architectural design, and many homes have been modified substantially with t~vo story additions. In the immediate vicinity, there are up to a half a dozen two story homes within two blocks of this home. However, no two story homes are located on the immediate short street of McCoy Avenue. He felt that the immediate neighborhood would be changing and that it was in a transitional stage. As far as the design, he has worked with staff to incorporate staff's changes. He indicated that he was not requesting any variances or special circumstances and that he would try to meet specific guidelines. Given the design, he has kept the height down as much as possible in order to be able to utilize the upstairs area which has a high pitch and steeper slope. He informed the Commission that up until the week before the last public hearing, he had not received any comments from staff regarding concerns for the style or design of the home proposed nor was he informed that the style of the home would not fit that of the neighborhood. He stated that he was surprised to find that staff vas not going to make a recommendation one way or another. Staff's concern was primarily whether the t~vo story structure was compatible with the neighborhood. Staff did recommend that the height of the home be brought down to the height of the one story homes on the street. That suggestion did not make sense to him because it would take away the second story and defeats the purpose of what was trying to be accomplished. At no time was it suggested to him by staff that he extend the home or that a different design be submitted. He informed the Commission that he has spoken to the neighbors and that he has received encouragement and full support from the neighbors. In summary, he stated that he has tried to do what he has been asked to do. The question before the Commission is the two story compatibility issue. He requested that the Commission approve the plans as submitted. Commissioner Kaplan asked if Mr. Lewis considered utilizing more of his backyard. Mr. Lewis responded that the reason he did not utilize more of his backyard was due to the fact that there are two large maple trees located 25 feet from the rear fence. Commissioner Murakami stated that he had a problem with the design in relationship with the neighborhood. He felt that there was adequate room to accommodate a one story home. He inquired as to the reason for the two story design. Mr. Lewis responded that he designed this particular addition due to the cost involved and to retain the large backyard for the children to play in. Mark Harrington, project designer, informed the Commission that the next item on the PLANNING COMMISSIi MINUTES • FEBRUARY 8, 1995 PAGE - 5 - agenda was also for a request for a t~vo story home. He informed the Commission that the neighbors support the two story design. He stated that he believed that the height of the home was factored into the two story predominance. Chairman Asfour noted that Mr. Lewis' neighborhood had only one, two story home. Therefore, he did not believe that the neighborhood was predominantly two story homes. He stated that he does not oppose two story homes, but that the rules that the Commission have to comply with have to do with a two story versus a one story home, not the height of the home. He asked if the applicant would agree to the recommended continuance. Mr. Lewis questioned why the issue of the t~vo story predominance was not raised at the beginning of the process. He stated that the rules were not defined and made it difficult for him to know what he can and cannot do. Commissioner Siegfried commented that he does not have a problem with a second story but that he did have a problem with this particular house because he felt that the second story needed to be tucked in better than this one is. He felt that the applicant could still achieve the same square footage and accomplish a better design. He also felt that the applicant made a good point in that this item vas brought to a public hearing to see what the Commission thinks about this issue. He was not sure if this vas the ~vay the process should work. Marilyn Uzzardo, 18598 McCoy Avenue, informed the Commission that she resides across the street from this proposal. She also informed the Commission that she had proposed and received city approval to build a second story addition to her home but that her husband got sick and died. She stated that she supported the request for a two story home. She noted that there was a t~vo story home located at the end of McCulloch Avenue and one located on Martha Avenue. She indicated that the neighbors supported the proposal and that she did not feel that it would be appropriate to have the children play on the front yard of McCoy Avenue. Harry Goldberg, 13208 McCulloch Avenue, informed the Commission that he has plans to build a second story on his home. He indicated that the neighbors were in support of the second story. He felt that t~vo story additions needed to start somewhere, because in the past, neighbors have tried to add second stories to their homes but were not successful in receiving approval. Commissioner Murakami asked if Mr. Goldberg had knowledge as to how many second story additions were denied. Mr. Goldberg responded that he had his o~vn feelings as to this issue. Clair Goldberg expressed concern with the removal of existing trees. Commissioner Kaplan clarified that the Commission was not suggesting the removal of any trees. COMMISSIONERS KAPLAN/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. . PLANNING COMMISS>~ MINUTES S' FEBRUARY 8.1995 PAGE - 6 - Chairman Asfour stated that in principle, he did not oppose a t~vo story home if it improves the neighborhood but that it has to be the appropriate two story home and meets the Cit}~'s guidelines. Commissioner Siegfried stated that he did not have a problem with a two story addition and felt that there would be future requests for t~vo story additions. However, he did have concern with designing a project under public hearing. He supported the continuance so that the project could be redesigned to have the second story tucked in a little better and to see a slightly better design. Planner Walgren commented that this case was a little unusual. From the onset, staff has emphasized to the homeowner that architectural compatibility would be the key issue to receiving approval of a two story home on this property. The design would need to be well integrated with the existing lo~v single story homes so that you do not see a two story home with an 11 and 12 roof pitch as you drive down McCoy Avenue that stands out of character with the adjacent homes. He indicated that a staff planner worked with the applicant and went through several plan revisions, resulting in the plans that were before the Commission this evening. Rather than continue to go through plan revisions on a project that may ultimately be denied by the Commission on the basis that this is not a particular neighborhood where a two story home was appropriate, staff was asking for Commission direction whether it was willing to consider a two story home on this property. If so, staff would continue to work with the applicant to make the changes discussed in the staff report. Chairman Asfour asked when the applicant was informed of the t~vo story predominance. Planner Walgren responded that the concerns with the compatibility of the home has been ongoing and has been a result of each resubmittal. The staff report recommendation was determined prior to the January 25 public hearing and that was the reason for the continuance to this evening. v Chairman Asfour inquired if the Commission vas willing to entertain a two story home in this neighborhood. If so, the Commission should make a recommendation to have the applicant work with staff to incorporate its design recommendations. Commissioner Abshire stated that he could support the two story home because this neighborhood would be changing as they were 40 year old homes and the adjacent neighbors have stated their support to the addition. He felt that the neighborhood would be changing to a two story neighborhood as the lots are improved. He agreed that there could be some improvement to the design. Commissioner Patrick commented that it appears that whatever action is taken on this parcel would be affecting and setting the character of the neighborhood. She noted that the neighborhood consisted primarily of single story, smaller, older homes. She did not feel that the two story home was compatible with the rest of the neighborhood. She felt that the project designer could design the home such that it could fit in with the neighborhood. She expressed concern with the compatibility issue that is required as a finding and felt that the roofline was too large. PLANNING COMMISS# MINUTES • FEBRUARY 8.199 PAGE - 7 - Commissioner Murakami stated that he did not oppose two story homes. However, he concurred with Commissioner Siegfried that the home needed to be redesigned to lower the height of the roof. If the applicant was willing to do so, he would support the request. Commissioner Kaplan stated her concurrence with the comments as expressed by Commissioner Patrick. The issue was that of compatibility and keeping with the architecture of the neighborhood. She did not feel that there exists a two story predominance and that allowing a two story home would change the character of the neighborhood. She stated that she had to work with the constraints of what she is told to evaluate. She noted that most of the remodeling being undertaken in the area are that of one story remodels. Commissioner Siegfried stated that he does not object to two story homes and felt that the neighborhood would change to a two story neighborhood. However, he felt that there should be a redesign of the roof so that it is tucked better into the house so that it is not as obtrusive. He felt that this issue should have been considered by the Commission outside of a public hearing forum such as a work study session because it not only impacts this property owner but that of the neighborhood. Chairman Asfour indicated that he would support staff's recommendation. THE MAJORITY OF THE COMMISSION INDICATED THAT THEY WOULD SUPPORT THE TWO STORY ADDITION AS LONG AS THE ISSUE OF DESIGN IS RESOLVED (COMMISSIONERS KAPLAN AND PATRICK INDICATING THAT THEY COULD NOT MAKE THE FINDING TO SUPPORT THE REQUEST AND COMMISSIONER CALDWELL ABSENT). COMMISSIONERS KAPLAN/SIEGFRIED MOVED TO REOPEN THE PUBLIC HEARING AT 8:13 P.M. Mr. Lewis stated that he did not oppose the continuance so long as the two story issue would not be rejected at the next meeting. He also stated that he understood the concern for the redesign of the home. He felt that the existing trees help shelter (screen) the home. Commissioner Siegfried stated that this is a changing neighborhood and that he would want to see a design that was more compatible with one story homes but a different design of the second story so that it does not jump out at you. Chairman Asfour requested that the design of the roof be done in such a manner that it does not stand out as a t~vo story home. y COMMISSIONERS SIEGFRIED/KAPLAN MOVED TO CONTINUE DR-94-050 TO MARCH 8, 1995 WITH REVISED PLANS BEING SUBMITTED TO STAFF BY FEBRUARY 24. THE MOTION CARRIED 6-0 WITH COMMISSIONER CALDWELL ABSENT. . PLANNING COMMISS# MINUTES • FEBRUARY 8.1995 PAGE - 8 - 5. DR-94-0~9 - Country Club Homes/Oakley; 14696 Via De AZarcos, request for Design Review approval to construct a 5.994 sq. ft. two-story residence on a vacant 1.03 acre hillside parcel within an R-1-40,000 zoning district. The subject property is Lot 4 of the San Marcos Heights subdivision. ------------------------------------------------------------------------------------------------ Planner Walgren presented the staff report on this item. Staff recommended the addition of a condition to read: "If the two small oak trees located within the building footprint can be successfully transplanted on the site, they could be used as replacement for the proposed landscaping oaks that are in the submitted exhibit. " Commissioner Kaplan asked if there vas a condition in association with the maintenance of the transplanted oak trees to ensure their success and that they be replaced if the trees do not survive. Planner Walgren responded that a condition could be added to require that the transplanting occur at the onset of the project so that there is approximately one year between being transplanted and being finaled to do the inspection. If that is not possible, a maintenance agreement could be recorded that gives the City one to two years to check on the health of the trees. If the trees do not survive, they are to be replaced with boxed trees. Commissioner Kaplan stated that she would support the maintenance agreement alternative. Chairman Asfour opened this item to public hearing at 8:24 p.m. Marty Oakley, applicant, informed the Commission that he would answer any questions which it may have. Commissioner Abshire inquired if Mr. Oakley would build a house higher than the existing 26 feet maximum limit. Mr. Oakley responded that he wanted to create a certain look for this piece of property and that he needed the maximum height of 26 feet for the two story element to achieve the architectural style desired and that the bulk of the house was located centrally. Regarding the neighborhood and the price range that is to be achieved for this house, it is compatible to acre size lots as far as living space. He indicated that the upstairs element could be used as an in-law suite. His main concern was for the exterior curb appeal and achieving the proper amount and the size of the rooms. He stated that he concurred with the added requirement for the tree maintenance agreement. Commissioner Siegfried commented that this home was beautifully designed. He liked the roof variation and felt that it should be encouraged. He felt that the roof design and colors accent the house. Commissioner Murakami stated that he liked the design of the house as well. He inquired as to the exterior surfaces that were proposed. Mr. Oakley commented that he wanted to achieve a simple elegant design. COMMISSIONERS PATRICK/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:28 P.M. PLANNING COMMISS# MINUTES • FEBRUARY 8, 1995 PAGE - 9 - COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR-94-059 WITH THE ADDED CONDITION TO REQUIRE A LANDSCAPE MAINTENANCE AGREEMENT. THE MOTION CARRIED 6-0 WITH COMMISSIONER CALDWELL ABSENT. 6. DR-94-068 - \Torouzi; 13192 McDole St., request for Design Review approval to construct a 1,097 sq. ft. second story addition and 467 sq. ft. of first level floor area to an existing 1,577 sq. ft. one-story residence per Chapter 15 of the City Code. The parcel is approximately 10,200 sq. ft. and is located within an R-1-10,000 zoning district. Planner Walgren presented the staff report on this item. Staff recommended the addition of a condition to require the use of obscure glass along the rear master bedroom window. He indicated that the applicant has not been informed as to the recommended added condition. Commissioner Kaplan requested that staff note the location of the two story homes in a neighborhood in the future. Chairman Asfour opened this item to public hearing at 8:30 p.m. Ray Norouzi, designer/owner, informed the Commission that he would agree to answer the questions which it may have. COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:34 P.M. Commissioner Kaplan noted that at the site visit, this house was impacted by the house located next door which towers over it and was incompatible with any of the homes in the neighborhood. She felt that the adjacent house gives credence to this applicant's request to have a two story home. Also to be considered is the shallowness of the lot. She stated that she could support the request. Commissioner Murakami commented that in reviewing this site, this application had constraints on the lot that the previous application did not have and that it made sense to request a two story addition. He stated that he liked the design but that he wished that the applicant could smooth out or balance the design. He understood the limitations of the square footage and that he was willing to support the request. Commissioner Siegfried stated his concurrence with the comments as expressed by Commissioner Murakami. Commissioner Abshire stated that the addition would be an improvement to the existing house. COMMISSIONERS MURAKAMI/SIEGFRIED REOPENED THE PUBLIC HEARING PLANNING COMMISS~ MINUTES FEBRUARY 8, 1995 PAGE - 10 - AT 8:35 p.m. Chairman Asfour informed the applicant that staff was recommending, at a minimum, that the rear/east elevation of the master bathroom window be of obscured Glass material as well as the master bedroom window. y Mr. Norouzi stated that he would agree to the use obscured glass material for the master bathroom windows. COMMISSIONERS PATRICK/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT 8:40 P.M. COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR-94-068 WITH AN ADDED CONDITION TO REQUIRE THAT THE MASTER BATHROOM WINDOWS BE OF OBSCURED GLASS. THE MOTION CARRIED 5-1 WITH COMMISSIONER PATRICK VOTING NO AND COMMISSIONER CALDWELL ABSENT. Commissioner Patrick stated that she felt that the home appeared to be too boxy on a small lot. DIRECTOR' S ITEitIS COMMISSIO\ ITE`1S - Commissioner Kaplan reported on the February 7 work session. She noted that the Tree Preservation Committee has prepared a package of information to design a new ordinance to protect trees. They have prepared a guideline booklet to be distributed to many organizations. Also, certain sections can be extrapolated and compiled as information to be distributed over the counter so that applicants can know what is to be expected in regards to the preservation of trees. Several members of the Committee made excellent presentations at the study session. She felt that the Committee's effort requires a full hearing by the City Council. She recommended that this item be taken off the February 21 City Council meeting and that it be given a second study session. Commissioner Patrick felt that the City Council should be given the information that was presented to the Planning Commission. - Planner Walgren requested Commission clarification regarding scheduling the Tree Committee for the joint meeting scheduled for February 21. It was his understanding that the City Council has requested a status report or presentation for the February 21 meeting. Commissioner Kaplan requested that the City Manager relay the Commission's recommendation that the City Council remove this item from that meeting and that the Council schedule a special meeting to have the Tree Preservation Committee make its presentation. PLANNING COMMISS~ MINUTES • FEBRUARY 8.1995 PAGE - 11 - - Commissioner Siegfried asked if there was discussion regarding the DiManto letter at the study session. Commissioner Kaplan responded that there was no discussion regarding the DiManto letter. Commissioner Siegfried recommended that the Commission visit the site so that it can understand Mr. DiManto's concerns regarding the property. Chairman Asfour recommended that a site visit be scheduled for the next land use site visit. Commissioner Kaplan asked if the Commission looks at the land, what can be done? She asked if the issue warranted a study session? Commissioner Siegfried felt that discussion was warranted and that the constraints were driven by the visible hillsides and that they affect properties that do not have the same problems. He was not sure what the answer would be. Maybe a set of findings can be made that this was a unique site and that the site was restricted to 5 lots on 26 acres due to the slope. Planner Walgren commented that in today's slope density ordinance, the site would yield approximately 3 lots. - Commissioner Patrick informed the Commission that the Constantin application was denied without prejudice by the City Council at its January 10 meeting. Ms. Fanelli, the Constantin's representative informed the City Council that new plans would be submitted showing the relocation of the home on the parcel, indicating that no one offered the relocation of the home as a suggestion. - Commissioner Murakami stated that he was invited to attend a special meeting scheduled for Friday from 4-6 p.m. due to Chairman Asfour's absence. Seeing that Chairman Asfour vas back in town, he questioned if it was still necessary for him to attend the special meeting. Chairman Asfour requested and stated his appreciation of Vice-chairman Murakami could attend the meeting as he would not be able to attend the meeting due to a death in his family. COVZI~iUI`TICATIO\ S Written 1. City Council Minutes - 1/10; 1/17; 1/18; 1/24 2. Notices for the 2/22/95 Planning Commission Oral City Council ADJOURNMEITT -There being no further business, the Commission meeting adjourned at 8:51 p.m. to 7:30 p.m., Tuesday, February 21, 1995, Administrative Conference Room, 13777 Fruitvale Ave. ,Saratoga, CA PLANNING COMMISS~ MINUTES FEBRUARY 8.1995 PAGE - 12 - RESPECTIVELY SUBMITTED, IRMA TORREZ MINUTES CLERK