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HomeMy WebLinkAbout11-13-1996 Planning Commission Minutes_' INNING COMMISSION MINUTE NOVEMBER 13, 1996 City Council Chambers. 13777 Fruitvale Avenue Regular Meeting ---------------------------------------------------------------------------------------- Chairwoman Kaplan called the meeting to order at 7:30 p.m. Roll Call Present: Abshire, Bernald, Kaplan. Patrick. Siegfried Late: None Absent: Pierce. Murakami Staff: Community Development Director Curtis. Planner Walgren and City Attorney Riback. lZinutes - 10/23/96 COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE THE OCTOBER 23, 1996 WITH THE FOLLOWING AMENDMENTS: - Page 1 to reflect that Vice-chairwoman Patrick called the meeting to order at 7:30 p.m. - Page 3, paragraph 1, fourth sentence .amended to read: "...However he did not believe that this r°~°'~~°'' *"° issue ~~fas z~sl~ed...." AS THERE WERE ONLY THREE COMMISSIONERS PRESENT WHO WERE IN ATTENDANCE AT THE OCTOBER 23. 1996 MEETING, THE MINUTES WERE DEFERRED TO NOVEMBER 26. 1996. Oral Communications No comments were offered. Resort of Posting Agenda Pursuant to Government Code X4954.2, the agenda for this meeting was properly posted on November 8, 1996. Technical Corrections to Packet No corrections were noted. CO\TSE\'T CALE\DAR Bill Cornwell, 13964 Crisp Avenue. requested that item 2 be removed from consent calendar item 2. ' PLANNING COMMISSI~ MINUTES NOVEMBER 13, 1996 PAGE - 2 - PUBLIC HEARING CONSE`TT CALENDAR 1. SD-96-005 & UP-96-004 - EITZEN; END OF OLD OAK `'L'AY; Request for Tentative Parcel Map approval to subdivide a 31.1 acre hillside parcel into four individual lots of 5.6, 3.1, 2.6 and 2.2 net acres. Approximately 17 acres would be dedicated as open space. Use Permit approval is requested to allow the four lots to be clustered together, thus allowing the open space dedication. Lot 1 is proposed on a City Code identified minor ridgeline and Lots 2 and 3 are along a major ridgeline - more restrictive building height limits are applied to ridgeline lots. The property is located within a Hillside Residential (HR) zoning district (cont. to 12/11/96 at the request of the applicants; City re~ie~v deadline is 12/17/96) . ------------------------------------------------------------------------------------------------- COMMISSIONERS PATRICK/SIEGFRIED MOVED TO APPROVE PUBLIC HEARING CONSENT CALENDAR ITEM 1 BY MINUTE ACTION. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. 2. DR-96-055 - CORNVVELL; 19364 CRISP AVENUE; Request for Design Review approval to construct a 337 square foot addition to an existing single family residence and to increase the roof height from 16 feet to 21 feet, pursuant to Chapter 1S of the City Code. The property is 40,300 sq. ft. and is located in an R-1-40.000 zoning district. Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 7:35 p.m. Bill Cornwell, applicant. requested that he be allowed access to the dormer windows so that the windows can be maintained. He did not believe that the area would be suitable for living space. COMMISSIONERS PATRICK/BERNALD MOVED TO CLOSE THE PUBLIC HEARING AT 7:40 P.M. Commissioner Patrick stated that a hatch could be installed. She asked if the slope was fixed or would future consideration be given'? Planner Walgren responded that the slope vas not fixed and that the square footage could change if a survey is conducted and found that slope is less than 109. Chairwoman Kaplan stated that she would support staff's recommendation of having a nonfunctional dormer window. COMMISSIONERS PATRICK/ABSHIRE MOVED TO APPROVE RESOLUTION NO. 96-055 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. ' PLANNING COMMISSI~ MINUTES • NOVEMBER 13.1996 PAGE - 3 - PUBLIC HEARIl\TGS 3. DR-96-043, V-96-016 & SD-96-009 - ROSENGARTEN, 14596 BIG BASL'~T VVAY; Request for Design Review approval to construct amixed-use four unit residential townhome and two unit commercial/retail development in the Saratoga Village. The existing commercial structure would be removed. Variance approval is requested to deviate from the pedestrian open space and parking requirements. Tentative Subdivision Map approval is necessary to establish the to~vnhomes on their own parcels. The subject property is approximately 13.200 sq. ft. and is located within the Commercial-Historic zoning district (cont. from 10/9/96; City revie~;~ deadline is 3/18/97) . Planner Walgren presented the staff report. Chairwoman Kaplan opened the public hearing at 7:44 p.m. Michael Rosengarten, applicant, stated that he tried to address the Commission's previous concerns and stated that he would answer any questions relating to the design of the project. Warren Heid, project architect, explained the changes made to the drawings as stated in the letter he submitted. He stated that the basic philosophy vas not to have a bridge affect but more of a mall affect with a symmetrical entryway. He stated that the CH-2 zoning district requires a mall affect as part of the design requirement so that the public can walk inside the mall area. The windows and doors at the front were chanced to bay ~vindo~vs to give it abetter store front appearance. Chairwoman Kaplan stated that the design appears to have a bridge between two buildings. She stated that she did not like this feature in the previous design and that she did not care for it in this redesign. She commented that it vas still unknown if there would be an increase in on-street parking. Mr. Heid stated that two normal size and two compact parking spaces could be located in the front of the building for a total of four on-street parking spaces. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:00 P.M. Commissioner Bernard stated her appreciation of the applicant's willingness to work with the City and of the chances that were made, specifically the open windows and setbacks. Commissioner Siegfried felt that the changes made were an improvement. Commissioners Patrick and Abshire stated that they would support the chances. ' PLANNING COMMISSI• MINUTES • NOVEMBER 13, 1996 PAGE - 4 - Chairwoman Kaplan stated that she was concerned with the variance as far as the parking spaces were concerned as it is not known what off-site parking spaces are to be proposed. Planner Walgren clarified that the applicant is proposing 14 parking spaces. 25 ~ of which are to be compact spaces which are what the Code requires for this particular project. He indicated that the City Arborist recommends the elimination of one of the parking spaces in order to break up existing asphalt to allow the large coast live oak tree more breathing room. Therefore, staff recommended deviation from the parking spaces by one space subject to the variance findings as listed in the report. COMMISSIONERS SIEGFRIED/BERNARD MOVED TO APPROVE RESOLUTION NO. V-96-016 WITH THE FINDINGS AS RECOMMENDED BY STAFF. THE MOTION CARRIED ~-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE RESOLUTION NO. SD-96-009 AS RECOMMENDED BY STAFF. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. COMMISSIONERS SIEGFRIED/PATRICK MOVED TO APPROVE RESOLUTION NO. DR-96-043. THE MOTION CARRIED 4-1 WITH CHAIRWOMAN KAPLAN VOTING NO AND COMMISSIONERS MURAKAMI AND PIERCE ABSENT. 4. SD-95-005 & LL-95-004 - CONSTANTTi\T, 15261 NORTON RD. & 20855 KITTRIDGE RD.; Request for Building Site approval for an existing 46,600 sq. ft. hillside parcel of record located off Norton Rd. Lot Line Adjustment approval is also requested to merge a 51,400 sq. ft. parcel off Kittridge Rd. above together with the lower Norton Rd. parcel to create a single lot. Pursuant to Chapter 14 of the City Code, Building Site approval may be requested to ascertain what off-site improvements would be necessary to develop the lots in the future; no on-site development is proposed at this time (cont. from 10/23/96 at the request of the applicants; City review deadline is 3/4/97). ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. He informed the Commission that letters have been received and distributed to the Commission from Mr. and Mrs. Phipps ~vho reside on Kittridge Road and the Cheesemans who have cited their concerns regarding this proposal and also expressing concern that none of the neighbors were notified of the public hearing for this project. He confirmed that noticing was sent out to the residents within X00 feet of this project. Commissioner Patrick asked staff if by merging these t~vo parcels and approving a building site on the lower parcel. what would that mean to the upper parcel (i.e. can accessory structures be built on the upper parcel)? Planner Walgren stated that prohibiting construction on the upper parcel could be handled through a recorded open space easement and not affect the buildability of the lower parcel. Staff did not recommend such a condition because the code prohibits development on any slopes of 309 or greater. He - • • PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - ~ - indicated that there is no portion of the upper Kittridge Road parcel that has a slope of 309 or less. Chairwoman Kaplan asked why the merger has not taken place'? City Attorney Riback responded that the City vas pursuing a mandatory merger with the properties and that the intention to merge has been recorded against the properties placing future purchasers on notice of the intent of the City to have the parcels merged. It was his belief that the City put this action on hold when the property owners indicated that they were willing to merge the properties. He stated that the city has not waived its right to merge the lots should the property owners elect not to pursue the merger. Chairwoman Kaplan opened the public hearing at 8:10 p.m. Virginia Fanelli, requested approval of a building site and lot line adjustment. She stated that two years ago, the Planning Commission and the City Council denied a request for lot line adjustment. Following the denial, the City recorded an intent to merge the parcels. She felt that the denial of the original lot line adjustment was based on incorrect information. As such, her clients were left with no use of their parcels until a resolution could be reached. She informed the Commission that the Constantins are in agreement with a merger, allowing one single family residence to be built on it with the stipulation that both applications are approved. She stated that the geotechnical reports have identified t~vo acceptable building sites on these combined parcels. She stated that it is understood that a single home would be built on the merged lots. Chairwoman Kaplan stated that it has been suggested that buildings be permanently be prohibited in the area outside of the building pad. She asked if the Constantins would be agreeable to recording an open space easement on the upper portion? Mrs. Fanelli stated that it was the intent to build on the lower portion within the building em~elop. She stated that she would not object to reserving the area outside of the building setbacks in an open space easement. Beverley Phipps, 15270 Norton Road, stated that the site has been defined in the City's geologic map as being unstable. He stated that site has an average slope is 65 9 and is accessed by a single road. He felt that it would require radical disturbance to the fragile shallow soil in the steep hill to have a home built and that construction of a home would affect the geologic condition. The steep slope provides an excellent view of the valley. Therefore, the residents in the valley would also view the home that is to be built on the hill. He stated that the residents expressed a strong support of preserving open space in a 1990 survey. If a permit to build is granted, he felt that it would set a precedent and allow construction on this slope. Regarding notification, it was true that the neighbors were notified of the original meeting but noted that the hearing vas continued several times without renotification. y • • PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - 6 - Mrs. Fanelli stated that she vas in possession of the January 1996 geotechnical report and that it determined that a building site exists if the appropriate mitigation measures are followed. Planner Walgren stated that this item was originally heard in September 1996 by the Planning Commission and that the application was continued to October 23, 1996 at the applicant's request. At the October 23 meeting, a second continuance was announced to tonight's meeting. When continuances are announced, new notices are not mailed out to adjacent property owners. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:27 P.M. Commissioner Abshire felt that this was a good compromise to solve the problem and stated that he would support the request with the stipulation that the upper portion be reserved as open space. Commissioner Patrick stated that she was satisfied with the geotechnical report that this home would not impact any of the neighboring homes. She stated that she would support the request with the dedication of open space for the upper portion of the site. Commissioners Siegfried concurred with Commissioner Patrick's comments and stated that he has a high degree of confidence in the geotechnical work by Mr. Cotton, geotechnical consultant. Commissioner Bernard concurred with the comments as expressed by her fellow Commissioners. Chairwoman Kaplan stated that she could support the request as long as the approval is conditioned upon the preservation of an space easement. She recommended that the resolution return to the Commission with the condition requiring dedication of an open space easement for its review and approval. Planner Walgren informed the Commission that the approval vas contingent upon the merger. Commissioner Patrick stated that she would support the merger followed by the approval of a building site. City Attorney Riback recommended that the Commission take action this evening subject to review of the language relating to the open space easement at its next meeting. COMMISSIONERS ABSHIRE/PATRICK MOVED TO APPROVE RESOLUTION NO. LL-9~-004. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND • • PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - 7 - PIERCE ABSENT. COMMISSIONERS ABSHIRE/PATRICK MOVED TO APPROVE RESOLUTION SD- 95-005 WITH THE STIPULATION THAT IT INCLUDE A CONDITION THAT REQUIRES AN OPEN SPACE DEDICATION AS DISCUSSED BY THE COMMISSION. THE RESOLUTION TO RETURN TO THE COMMISSION TUESDAY, NOVEMBER 26, 1996 FOR ITS APPROVAL. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. 5. V-96-011 & SM-96-002 - PAK; 21441 TOLLGATERD; Request for Variance and Site Modification approval to construct a ne~v 704 square foot three-car carport and a new pool pursuant to Chapter 15 of the City Code. Variance approval is requested to allow the carport to be located within the front and exterior side yard setbacks. The subject parcel is 1.2 net acres and is located in a Hillside Residential zoning district. Planner Walgren presented the staff report. He indicated that letters were received in opposition to the request: one letter being co-signed by the Araldis, Martins, Achkars and Gail Frizzel and a separate letter from Richard Geno in opposition to the request He informed the Commission that the applicant has requested that the variance application be continued to January 8, 1997 so that he could respond to the concerns expressed in the letters and work on the existing garage configuration and driveway access so that the variance request could be withdrawn ~ He indicated that the site modification for the swimming pool could be considered this evening. Staff recommended approval of the site modification and continuance of the variance to January 8, 1997. Chairwoman Kaplan opened the public hearing at 8:35 p.m. Scott Cunningham, project designer, stated that based on the concerns by the neighbors regarding the variance request, he would request that it be continued. Regarding the site modification request, he stated his concurrence with staff's recommendation. He informed the Commission that the pool pad would be dropped 2.5 feet from the lawn area and that the parcel would eventually be landscaped. Fencing material is proposed to be a green mesh netting and that it is to be installed at the pool deck. He stated that approximately 609 of the trellis is to be removed and that the retaining wall would be of poured concrete and that it would be heavily screened with landscaping. Chairwoman Kaplan inquired about the size of the trees. She felt that larger oak trees should be planted initially. Planner Walgren stated that it has been common in other developments to require that 509 of the trees be a minimum of 24"-boxed minimum to provide a mix in sizes. He stated that the Commission could condition this to install 509 24" boxed trees. Mr. Cunningham asked what is the likelihood of the survival of larger specimen sized trees • • PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - 8 - compared to smaller trees? He stated that he would not object to the condition. COMMISSIONERS PATRICK/ABSHIRE MOVED TO CLOSE THE PUBLIC HEARING AT 8:43 P.M. COMMISSIONERS PATRICK/BERNARD MOVED TO CONTINUE APPLICATION V-96-011 TO JANUARY 8. 1997. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. COMMISSIONERS PATRICK/BERNARD MOVED TO APPROVE RESOLUTION SM- 96-002 WITH THE STIPULATION THAT ADDITIONAL LARGER SIZED BOXED OAK TREES ARE TO BE PLANTED PER STAFF'S RECOMMENDATION. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. 6. DR-96-046 & V-96-015 - MUNIZ; 19938 BARD\'I CT.; Request for Design Review approval to demolish an existing single story home and build a new 2.628 sq. ft. (including garage) t~vo-story residence in its place. Variance approval is requested to allow the new structure to maintain the existing nonconforming yard setbacks and to exceed the 2.400 sq. ft. building size limit for the parcel. The subject parcel is 4,560 net sq. ft. and is located in an R-1-20.000 zoning district. ------------------------------------------------------------------------------------------------- Planner Walgren presented the staff report. He stated that staff was generally supportive of the front and side yard setbacks as it matches the footprint of the existing home. He indicated that staff could not support the rear yard setback as the existing home currently meets the rear yard setback. Staff recommended that the plans be modified to meet the rear yard setback of 20 feet. This would also coincide with the arborist recommendations to protect the large redwood tree. Staff was not able to find special circumstances to allow the building to be built larger than is allowed by code. Staff finds that the design is appropriate y and fits architecturally in size mass and bulk. However. siai~ recommends that this item be continued and that the applicant be directed to bring the design down to 2,400 square feet and to address the arborist's comments addressed in the report relating to the protection of the redwood tree and the future home from the buttress roots expanding and causing damage to the home's foundation. Chairwoman Kaplan opened the public hearing at 8:46 p.m. Terry Martin, project architect, stated that he would comply with the 25-foot rear yard setback to protect the redwood tree. He stated that a 400 square foot garage was needed. He stated that he neglected to note an existing easement. He felt that a 2,560 square foot home could be designed and yet maintain the character of the home. Inclusion of the easement would make the project comply with design standards (reduction of 68 square feet). • • PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - 9 - Anita Muniz, applicant, requested the approval of the additional 160 square feet. She noted that the approval of the 160 square feet would still make her home the smallest home in the area. If required to eliminate 160 square feet. it would result in the elimination of a bedroom and that it would create a hardship. She informed the Commission that all the neighbors on Baroni Court support the requested square footage and submitted the letter in support for her file. Chairwoman Kaplan asked if thought was given to installing a basement. Mr. Martin stated that a flood plain exists in this area. COMMISSIONERS PATRICK/SIEGFRIED MOVED TO CLOSE THE PUBLIC HEARING AT 8:52 P.M. Commissioner Patrick stated that she felt that it was a beautiful site and that she liked the design of the home. However. she could not make the variance findings based on the size of the lot. Commissioner Abshire concurred with the comments as expressed by Commissioner Patrick. He felt that this was a small lot located within an R-1 20,000 zoning district which would require too many variances and that he could not support the request. He stated that he would support a 2,112 square foot home as this was a small lot. Commissioner Bernard felt that a special lot exists which contains special trees and a creek. She stated that she supported the design. However, she could not support the variance request. Commissioner Siegfried concurred with the comments as expressed by his fellow Commissioners. Chairwoman Kaplan inquired if the applicant would like to have this item continued to allow him the opportunity to redesign the project. Mr. Martin stated that he would agree to a continuance. COMMISSIONERS BERNARD/PATRICK MOVED TO REOPEN THE PUBLIC HEARING AND CONTINUED THE PUBLIC HEARING FOR DR-96-046 AND V-96- O15 TO DECEMBER 11.1996. THE MOTION CARRIED 5-0 WITH COMMISSIONERS MURAKAMI AND PIERCE ABSENT. DIRECTOR'S ITEViS Community Development Director Curtis indicated that there were no Director's Items to report. • ~ PLANNING COMMISSION MINUTES NOVEMBER 13.1996 PAGE - 10 - COMMISSION ITEViS 1. DR-89-126 -Hong; 14591 Deer Spring Ct. Request for modification to approved building materials/colors. Planner Walgren presented the staff report. He stated that staff supports the removal of the brick and recommended the use of stucco with the use of a darker color with a corresponding darker roof line. Austin Hong, applicant, stated that the home is setback 50 feet from the ridQeline. He stated that you would only see a small portion of the top of the home. The use of a Malibu beige color is proposed. He did not believe that the color would stand out and that it would add warmth and fit in with the environment. Chairwoman Kaplan concurred with staff's recommendation. Commissioner Patrick stated that she did not like the use of the Malibu beige color as it appears to be too reflective. She recommended that the sand pebble color be used as it would be a better tone that would blend with the adjacent home. Commissioner Bernard agreed that the color would stand out, pick up light and that it would be seen. BY CONSENSUS, THE COMMISSION APPROVED THE REMOVAL OF THE BRICK VENEER TO BE REPLACED WITH A DARKER COLORED STUCCO FINISH. COit1i\ZLI~TICATIO\TS Written 1. City Council Minutes dated 10/16 & 10/22/96 2. Planning Commission Notices for 11/26/96 City Council ADJOURNItiENT -There being no further business, the meeting adjourned at 8:55 p.m. to 5:00 p. m. ,Wednesday , November 26, 1996. EOC Conference Room. 13777 Fruitvale Avenue, Saratoga, CA L PLANNING COMMISSION MINUTES NOVEMBER 13, 1996 PAGE - 11 - • Respectfully Submitted. Irma Torrez Minutes Clerk IT?PC 111 i96. SAR