HomeMy WebLinkAbout04-26-1995 Planning Commission minutes
.A\TNING COMMISSION MINUTi
APRIL 26, 1995
Cite Council Chambers, 13777 Fruitvale Avenue
Regular ivleeting
The meeting was called to order at 7:30 p.m. by Chairman Asfour.
Roll Call
Present: Abshire, Caldwell, Kaplan, Murakami, Patrick. Siegfried, Asfour
Late: \Tone
Absent: None
Cite Attorney Riback was not present this evening.
PLEDGE OF ALLEGIANCE
PLAl~'NING COMMISSION CHAIR APPOINTME\TT AND ELECTION OF VICE-CHAIR
COMMISSIONERS CALD~~'ELL/ASFOUR MOVED TO NOMINATE COMMISSIONER
MURAKAMI AS CHAIR OF THE PLANNING COMMISSION. THERE BEING NO OTHER
NOiIiI\TATIO\TS, COMMISSIONERS SIEGFRIED/CALDV~TELL MOVED TO CLOSE THE
\TO1~iINATIONS FOR CHAIR. COMMISSIONER MURAKAMI ~'~'AS APPOINTED TO
SERVE AS CHAIR~~iAN OF THE PLANNING COMMISSION. THE MOTION CARRIED
UNA\TIMOUSLY (7-0).
COMMISSIO\TERS CALDWELL/PATRICK MOVED TO >\TOMI\TATE COMMISSIONER
KAPLAN AS VICE-CHAIR. THERE BEIl~TG NO FURTHER NOMINATIONS.
COMMISSIO\TERS SIEGFRIED/PATRICK MOVED TO CLOSE THE NOMINATIONS FOR
VICE-CHAIR. COMMISSIONER KAPLAI~T A'L'AS ELECTED TO SERVE AS VICE-CHAIR
OF THE PLA\TNING COMMISSION. THE MOTION CARRIED UNANIMOUSLY (7-0).
Commissioner Asfour thanked Community Development Director Curtis and the Planning staff
for their assistance in making his job as Chairman easy.
Chairman Murakami, on behalf of the Planning Commission, thanked and congratulated
Commissioner Asfour for all of his hard work and his dedication as Chairman of the Planning
Commission.
MI\TU TES
April 11, 1995
COMMISSIONERS KAPLAN/CALDVVELL MOVED TO APPROVE THE APRIL l 1. 199
MINUTES WITH THE FOLLOWING AMENDMENTS:
- Page 1, relocate the Pledge of Allegiance prior to the Planning Commission Chair
Appointment and Election of Vice-Chair.
PLANNING COMMISSI•MINUTES i
APRIL 26, 1995
PAGE - 2 -
- Page 1, under the March 8, 1995 Minutes, amend the second sentence to read: "...~ °~~g
............. .
i~zutes to its April 26, 199 meeting...."
..:....... ......
......... .......
..................
- Page 2, under Public Hearing Consent Calendar item 1, line 12 amended to read:
"...required. he believed that the applicant would withdra~~° their objection to the
merger to combine the two parcels.
- Page 3, paragraph 3 amended to read: "Commissioner Caldwell stated that she was not
present at the last public hearing ~~-hen this item w-as heard but that she had revie«°ed the
~~~ritten record. She requested additional discussion as to ~~~hat is meant by the second
sentence contained in paragraph two located on page ~ of the staff report ~~-hich reads:
'Successful 1-Ieritage structure preservation. p.rtijects 13ave. ~e~*n accomplishe~i~ by ~ti~c~:rk#t~
with devclopc:rs c~rz a cvoperati~~c~ b~~sis',..."
- Page 16, paragraph 7, line 4 amended to read: "...improvement made to the plans. She
stated that she vas r~~~restecl in knowing....
...............:..:
- Page 19, last paragraph. line 3 amended to read: "...whomever it believed ~t would be of
interest to."
THE MOTION CARRIED 4-0-3 AS FOLLOWS: AYES: ASFOUR. CALDWELL. KAPLAN.
~1URAKAMI; I~'OES: NONE; ABSTAIN: ABSHIRE. PATRICK, SIEGFRIED; ABSENT:
i`TONE.
Community Development Director Curtis informed the Commission that the minutes for the
March 8, 199 minutes ~~°ould be included in the May 10 Planning Commission packet.
ORAL COMMUNICATIONS
\TO comments were offered.
REPORT OF POSTI\TG AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April
21. 1995.
TECHNICAL CORRECTIONS TO PACKET
Planner Walgren informed the Commission that a request ~~-as received yesterday afternoon from
the applicant requesting that Item 4 be continued indefinitely. He therefore recommended that
Item 4 be removed from the consent calendar and that it be continued to a date uncertain.
CONSENT CALENDAR
PUBLIC HEARING CONSENT CALENDAR
PLANNING COMMISSI~MINUTES •
APRIL 26, 199
PAGE - 3 -
Commissioner Kaplan requested that Public Hearing Consent Item 3 be removed from the Public
Hearing Consent Calendar.
At the request of staff, Item 4 was removed from the Public Hearing Consent Calendar.
1. DR-93-019 Liu/Chen; 21409 Tollgate Road, request for Design Review approval to
construct a new x,218 sq. ft. two-story residence per Chapter 1 ~ of the
City Code. The property is a 1.7 acre vacant hillside parcel located within
a Hillside Residential (HR) zoning district. (Continued to May 24 at the
request of the applicant; application expires 9/8/95).
2. DR-90-036.3 GerlaiHomecraft Builders: 22188 Villa Oaks Ln., request for a third and
final one year extension to a previously approved Design Review
application to construct a new 6.649 sq. ft. two story residence per Chapter
1~ of the City Code. The property is a vacant 2.~4 acre hillside parcel
located within a Hillside Residential (HR) zoning district.
COMMISSIONERS ASFOUR/SIEGFRIED MOVED TO APPROVE COI~TSENT CALENDAR
ITEMS 1 AND 2. THE MOTION CARRIED UNANIMOUSLY (7-0).
3. DR-90-066.3 Tyson; 1 ~39~ Kittridge Road, request for a third and final one-~°ear 3J
91-003.3 extension to a previously approved Design Revie«- application to construct a near-
4.267 sq. ft. t«-o-story residence per Chapter 1 ~ of the City Code. The property
is a vacant 1.02 acre hillside parcel located within a Hillside Residential (HR)
zoning district.
Chairman Murakami stepped do~~•n from discussion of agenda item 3.
COMMISSIONERS SIEGFRIED/CALDWELL MOVED TO APPROVE CONSENT ITEM NO.
3. THE MOTION CARRIED 6-0-1 WITH CHAIRMAN MURAKAMI ABSTAINING.
4. LL-9~-003 Stella Investment Co. and Burke; 22665 Garrod Rd. and 1348 Villa Oaks
Lane, request for Lot Line Adjustment approval to relocate an existing lot
line between a 14.95 acre parcel and a 5.4 acre parcel per Chapter 14 of
the City Code. Both parcels are located within a Hillside Residential (HR)
zoning district.
COMMISSIONERS CALDWELL/SIEGFRIED MOVED TO CONTINUE CONSENT ITEM 4
INDEFINITELY. THE MOTIO\T CARRIED UNANIMOUSLY (7-0).
PLTBLIC HEARINGS
~. DR-9~-012 Ho; 20180 Cherry Lane, request for Design Revie~~j approval to construct
a 1.062 sq. ft. one and two-stor}• addition to an existing 2,005 sq. ft. single
story residence per Chapter 1 ~ of the City Code. The parcel is
PLANNING COMMISSI~ MINUTES •
APRIL 26, 1995
PAGE-4-
approximately 10,084 sq. ft. and is located in an R-1-10,000 zoning
district.
Planner VValgren presented the staff report on this item.
Commissioner Kaplan asked how much weight staff gives to existing vegetation as specified in
the resolution of approval. She inquired if this was a standard requirement for privacy concerns.
Planner ~~%algren responded that in this particular ease, this ~i~asn't a criteria that staff used as a
consideration in terms of supporting the application or not. The finding in the resolution noted
that in addition to being able to support the design, vegetation exists along the property line. He
further stated that if vegetation did not exist, staff «-ould consider requiring additional landscaping
to soften the elevation but that it was not a consideration at this time.
Chairman Murakami opened the public hearing at 7:47 p.m.
Thomas Lew, architect, stated that he was happy with the «~orking relationship he had with
planning staff and its assistance with the design of the project. He stated that he tried to achieve
a one/two story compatible design with that of the existing neighborhood. He requested
Commission approval of this project.
COMMISSIOI~TERS ASFOUR/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT
7:50 P.M.
Commissioner Siegfried stated that he would vote in favor of the request but expressed concern
that the two story design was not in the best interest of the community in that area. He did not
believe that the design was sensitive enough.
Commissioner Abshire noted that the neighborhood consisted of low profile homes while this
home was a high profile home. He felt that staff did a great job in working with the applicant
to improve the original submittal. He suggested that in the future. that the architect consider
lo~~=er profiles in a neighborhood similar to this.
Commissioner Kaplan asked why the Commission was supporting the approval of this application
if it has expressed concerns with the design.
Commissioner Patrick stated that she would vote in support of the project because it appeared to
be compatible with the neighborhood. especially with the remodelling that has occurred in the
neighborhood. y
Commissioner Siegfried stated that he would vote in favor of the project because it was in
conformance with existing codes. Ho«•ever, he stated that he was not sure that he would like to
see this design in the future.
Commissioner Asfour commented that this was a welcomed relief from a "box on a box" design
in a second story addition.
PLANNING COMMISSI• MINUTES
APRIL 26. 1995
PAGE - S -
Chairman Murakami pointed out that the house across the street had been extensively remodeled.
The applicant of that home was required to return to the Commission to soften the design. He
felt that this design was pleasingly enough for the neighborhood and would vote in support of
the request.
Commissioner Caldw°ell noted that the home across the street as mentioned by Chairman
Murakami was one that the Commission worked hard on. The applicant was requested that he
redesign the submittal and that the end result w-as a much better design. one that the property
owner w-as happy with.
COMMISSIONERS ASFOUR/CALDWELL MOVED TO APPROVE RESOLUTION DR-9~-012
AS RECOMMENDED BY STAFF. THE MOTION CARRIED UNANIMOUSLY (7-0).
6. DR-9~-006 Cocciardi; 13341 Old Oak ~Vay, request for Design Review- approval to
construct a new 4.492 sq. ft. tw-o-story residence on a vacant x.24 acre
hillside parcel within the Chadwick Place subdivision (Lot 2, Tract 7770).
The subject property is located within a Hillside Residential zoning
district.
Planner Walgren presented the staff report on this item. He informed the Commission that the
City arborist, Barrie Coate has reviewed the application and that his report states that the
development can proceed «-ithout being a detriment to the existing trees as long as the conditions
in the resolution are maintained.
Commissioner Patrick asked about the condition of the trees located on the lower portion of the
lot and inquired as to their maintenance. Planner Walgren responded that the applicant posted
a maintenance bond with the City and that the trees were planted last year. Staff reviewed the
condition of the trees and have notified the property owner that the trees would need to be
replaced and that the replacement of the trees should occur shortly.
Commissioner Abshire stated that he hoped that some method of irrigation vas being providing
with the replacement of the trees. Planner Walgren informed the Commission that irrigation has
been provided but that the trees that were not surviving were trees that were damaged at the time
that they were transported to the site. In response to Chairman Murakami's question as to
w=hether the trees planted were all live oak, he noted that the trees planted were coast live oaks.
cedar trees and some maple-type trees.
Chairman Murakami opened the public hearing at 7:~9 p.m.
Troy Habib, 21 ~ 1 Park Avenue, Saratoga. informed the Commission that he would respond to
any questions which it may have.
Commissioner Asfour stated that he appreciated that the applicant worked towards blending the
design of the home with the terrain.
PLANNING COMMISSI• MINUTES •
APRIL 26. 1995
PAGE-6-
Commissioner Abshire stated that he appreciated the use of the height poles to give the
Commission an idea as to how the house ~~~ould be sited on the lot.
COMMISSIONERS SIEGFRIED/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT
8:00 P.M.
Commissioner Siegfried stated that it was a well designed house. Commissioner Abshire
concurred with Commissioner Siegfried's statement.
Planner Walgren noted that condition 10 of the resolution of approval accepted the material
scheme but asked for a darker color and required that the roof the proposal return to the
Community Development Director for his review prior to the issuance of a zoning clearance
because the stucco based color «~as a little tivhite for a ridgeline.
COMMISSIO\TERS ASFOUR/PATRICK MOVED TO APPROVE RESOLUTION i~TO. DR-95-
006 AS RECOMMENDED BY STAFF. THE MOTION CARRIED UNANIMOUSLY (7-0).
7. DR-94-058- Yang; 13983 Pike Road. request for Design Review approval to con-
V-95-003 - struct a 1;071 sq. ft. second story addition and 47 sq. tt. of first level floor
area to an existing 3,533 sq. ft. one-story residence per Chapter 15 of
the City Code. The request also involves Variance approval to construct
a new front porch entrance. an open trellis. fencing, and a carport within
the required front yard setback. The property is approximately 1 acre and
is located within a Hillside Residential (HR) zoning district.
-------------------------------------------------------------------------------------------------------
Planner Walgren presented the staff report on this item. Staff indicated that it was supporting
the variances requested based on the fact that the development was built under different zoning
regulations. Staff did not believe that the variances ~i-ould be increasing the non-conformity.
Commissioner Asfour noted that the variance ~~~as multi-faceted and that he had a problem with
one of the variances being requested. Community Development Director Curtis stated that the
variances can be approved with the finding that one of the variances could not be approved. The
resolution would return to the Commission incorporating the action taken this evening.
Chairman Murakami opened the public hearing at 8:06 p.m.
Thomas Le~r•, project architect, stated that this was a difficult site to work with. Because of the
existing easement, some of the setbacks could not be met. He indicated that privacy vas an issue
to Mr. Yang, the applicant, especially the swimming pool privacy. He requested approval of the
variance because all efforts were attempted to prevent the need for variances and that the design
of the home could not be achieved without the variances.
Chairman Murakami asked about the trellis over the pool and stated that he understood the need
for privacy from the upper road. Some of the Commissioners, at the site visit, felt that there
v~-ould be proper screening of the outer fence instead of a structure over the s~i°imming pool. Mr.
Lew informed the Commission that the o~i~ner currenth~ experiences a maintenance problem with
PLANI~TING COMMISSI• MINUTES •
APRIL 26, 199
PAGE - 7 -
the pool and that he did not want to add to the maintenance with the installation of trees to screen
the swimming pool. Chairman Murakami recommended screening by means of vegetation (i.e.,
shrubs and!or trees). Mr. Lee requested that the Commission approve an open trellis over the
pool.
Commissioner Patrick asked if the trellis over the pool was going to have vegetation. Mr. Lew
responded that the applicant does not propose any sort of vegetation on the trellis over the pool
at this time.
Commissioner Kaplan stated that she had a problem with the trellis over the pool. She was not
convinced that there ~~~as a privacy issue because the Commissioners had viewed the site starting
from the highest point along the adjacent roadway and from the front porch of the house above
and there ryas no point from which the pool was visible. She stated that she could not support
the use of a trellis. If the applicant ryas going to install vegetation, then the new fence should
be installed ~yith landscaping planted along the fence because the trellis «-ould stick out.
Commissioner Asfour concurred «-ith Commissioner Kaplan's comments and stated that he could
not make the findings to support the trellis.
Commissioner Kaplan asked if Mr. Lev vas amenable to changing the color of the house because
the stucco vas a-hite in color and would be visible from other areas. She recommended that the
resolution be modified to allow staff to approve and select a darker stucco color. Mr. Lev stated
that he ~yould agree to the condition.
COMMISSIO\TERS SIEGFRIED!ASFOURMQVED TO CLOSE THE PUBLIC HEARING AT
8:1 ~ P.M.
Commissioner Siegfried stated that other than the concern ~yith the trellis and the stucco color.
he could support the request. Commissioners Asfour and Kaplan concurred «=ith Commissioner
Siegfried's comments.
Commissioner Abshire stated that he would hate to see a lovely, logy lying house being turned
into a "castle" and that this was not the ~yay he «-ould like to see Saratoga go. However, he
noted that there are other second story homes in the neighborhood, so he could not object
seriously to this request.
Chairman Murakami stated that he felt that the addition would be an improvement over the
e~cisting structure.
Commissioner Asfour requested that staff look at the do~vnslope side of the house as the concrete
seemed to have sagged a little and that there may be some soil movement.
Community De~•elopment Director Curtis recommended that this item be continued and that staff
be directed to return ~~°ith a resolution reflecting the Commission's action, to be placed on the
Commission's consent calendar.
Commissioner Siegfried recommended that the resolution be approved tonight incorporating its
PLANNING COMit'IISSI• MINUTES •
APRIL 26. 199
PAGE - 8 -
modifications so that the project is not delayed for two weeks.
Community Development Director Curtis noted that it has been a procedure to continue items to
the next meeting to allow staff to incorporate the Commission's modifications. He recommended
that should the Commission wish to approve the resolution this evening, the motion should
indicate that the Commission could not make the findings on the trellis and that findings can be
made for the remaining variances.
COMMISSIONERS ASFOUR/CALD`VELL MOVED TO APPROVE RESOLUTION NOS. DR-
94-0~8 AND V-95-003 WITH T~VO MODIFICATIONS AS FOLLO`~%S: I) STAFF TO
APPROVE A DARKER COLOR FOR THE STUCCO: AND 2) SINCE THE COMMISSION
COULD NOT MAKE THE FINDINGS FOR THE TRELLIS PORTION OF THE VARIANCE.
THAT PORTION IS DE\IED. THE MOTION CARRIED LTA\TIMOUSLY (7-0).
DIRECTOR'S ITEMS
Community Development Director Curtis reminded Commissioners Siegfried and Kaplan about
the Design Review Task Force meeting scheduled for Friday at 8:30 a.m.
Planner Walgren asked that the Commission consider under "Director's Items" an item that was
not included in the agenda. He informed the Commission that last year, the City approved a
design review and a variance to renovate an old Heritage Inventory structure at 14690 Oak Street.
He noted that variances -ere approved for the front and side setback and that it had the support
of the Heritage Preservation Commission as it was retaining the older residence and that it
supported the design. This ~yeek, when the foundation sticks ~~~ere set up in the field, it ryas
noticed that one of the interim setbacks that was not subject to a variance «-as roughly one foot
closer to the interior property line than ryas approved. Pursuant to Planning Commission policy
on field changes to plans, any change in footprint over five inches ~yould need to be considered
by the Commission. Given that this .vas relativeh~ minor and since the project is under
construction, staff wanted to present this issue to the Commission this evening. Staff has taken
a look at the plans and felt that it does not significantly change any of the earlier approvals and
should not cause any additional impact to any adjoining properties. In response to Chairman
Murakami's question as to the cause of the mix-up, Planner VValgren believed that an error «=as
made in the plans and that once it was staked in the field, it was noted.
BY CONSENSUS. THE COMMISSION CONCURRED WITH STAFF'S
RECOMMENDATION.
COMMISSION ITEMS
Commissioner Kaplan stated that she and Chairman Murakami toured the "Village" «-ith Otto
Cranford. There were individuals who have been in business and involved in the "Village" and
its design for many years and that these individuals «°ere witnessing a change. New merchants
are coming into the Village ~yho have no historic perspective and who may not care whether the
Village was a Village or not. They were there to make a living and that they want their stores
to show their merchandise and signs anyway they want. One such property owner at the bicycle
PLANNING COMMISSI• MINUTES •
APRIL 26. 199
PAGE-9-
store stepped out of his store as they were standing looking at the confused, busy window
displays. She noted that the ~~-indows were virtually covered with "stuff'. She stated that she
asked him if he had ever had anyone present him with the Village Design Guidelines. His
response ~~•as less than friendly and that he was hostile and angry that she raised the issue. She
felt that there was a dichotomy of people ~~ho are there to make a living and don't care and that
there are people who are there because they have been there for a long time. She felt that the
dichotomy would color whatever happens with the sign program for the Village and with
whatever else the City does for the Village. She also noted that because it was dusk, many of
the street lights in the maintenance district were not working. She did not feel that the merchants
were getting their money's worth under their electric maintenance agreement. She also noted that
there w-as no lighting on signage that states "parking". She informed staff that there was a tree
falling do«rn and that the lady from the international coffee place ~~°as perturbed that the tree «~as
allowed to fall down. She suggested that lighting and signage be incorporated if the City wants
people to park in the district. y
Commissioner Siegfried stated that he walked through the Village center from front to back and
that there appears to be a different view than ~~-hat was presented to the Commission and that
concerns may not have been as bad as were indicated. He noted that the liquor store was the
~~-orst in town because paper hangs all over the windo«-s. He felt that the Commission needed
to be careful and that it may be walking into something that it would get hit hard upon. He
stated that he identified 4-6 troublesome neon signs in the windows and that during the daytime.
the paper signs were troublesome.
Commissioner Asfour commented that he also walked the Village center on Saturday. He stated
that as a result of the last study session, the Village representative indicated that he had plans for
the Village. Commissioner Asfour asked that representatives from the Village bring a plan to the
Commission for its revie~ir. It was later apparent that no plan existed.
Chairman Murakami stated that the Village vas falling apart and recommended that the merchants
police themselves.
Commissioner Cald~~-e11 stated that she got an ear full from one merchant who was hostile. She
did not feel that the Commission should have to deal ~i-ith the hostility. She stated that she
;anted to get the other merchants perspective of the Village Plan. She stated that merchants did
not know about the Village Guidelines and did not really have a particular regard for the
guidelines with the exception of the old merchants who really want to preserve the Village
aesthetics. She also noted the degree of disagreement among the merchants and that there ~~~as
a lack of leadership. She concluded that there «-as not a particular solution to the issue. She
suggested that this issue be included with the City Council's review of business development
because this issue was related to that and that the City Council grapple with the whole issue (i.e.,
Village identity, what the}~ want to be, ho~v they see that they can generate business and maintain
as much of the aesthetics of the Village working «-ithin the guidelines). She did not know if the
Commission should step into this because it is a complicated issue. She also recommended that
the Design Review Task force review this issue.
Commissioner Caldwell noted that there was a lot going on here and when the issue of signs are
PLANS"ING COMMISSI• MINliTES S
APRIL 26. 199
PAGE - 10 -
brought up, other emotions surface. She had one person indicate to her ho~v unfair the parking
district was and that until some of these other issues are resolved. she did not know how you
could get the merchants together. r
Community Development Director Curtis stated that the City has consistently received complaints
about the window signage in the Village as well as other places. Staff has proposed some
limitations to window sins. He informed the Commission that he had a meeting in April with
20-30 Village merchants and that half of them have indicated that they would like to maintain
the Village image and half did not.
Commissioner Siegfried noted that the public «-as not complaining about the Village but
merchants complaining about other merchants.
Commissioner Kaplan asked how the Commission can forward the issue of the Village Merchants
to the City Council and its Business Development Task Force as part of next Tuesday's study
session. Community Development Director Curtis responded that the Commission could request
that he formally request that the City Council address this issue.
Commissioner Siegfried stated that the whole question of interior signs ~yere not ignored because
the Planning Commission and the City Council did not want staff to regulate what kind of paper
sign could be put up for three days and that the merchants should try to do that themselves.
Commissioner Caldwell reminded the Commission that the Tree Workshop is scheduled for
Saturday morning at 9 a.m. in the Library.
Commissioner Asfour noted that State Senator Tom Campbell would also be speaking at 10 a.m.
on Saturday morning.
Commissioner Siegfried stated that the Bike Committee has met and that it will be proposing to
extend the bike path along the lover part of Saratoga Avenue from Quito to Cox and that public
input would be taken.
Chairman Murakami informed the Commission that he would be absent from the Mav_ 10 meetinu
because he would be out of the country. y
COMMUNICATIONS
Written
1. City Council Minutes - 4/5/9
2. Planning Commission Notices for ~/10/9~
Oral
City Council
PLANNING COMMISSI~ MINUTES
APRIL 26, 199
PAGE - 11 -
ADJOURNMENT - There being no further business, the meeting adjourned at 8:40 p.m. to
7:30 p.m., Tuesday, May 2, 199, Senior Adult Day Center, 196» Allendale Ave., Saratoga, CA.
RESPECTIVELY SUBMITTED,
IR.NIA TORREZ
MINUTES CLERK
it PC0~2695. SAR