HomeMy WebLinkAbout04-23-1997 Planning Commission minutes-~ ~NNING COMMISSION MINUTI~
APRIL 23, 1997
City Council Chambers, 13777 Fruitvale Avenue
Regular Meeting
Chairwoman Patrick called the meeting to order at 7:30 p.m.
Roll Call
Present: Abshire, Bernald, Kaplan, Murakami, Patrick, Siegfried
Late: None
Absent: Pierce
Staff: Interim Planning Director Walgren
Minu e - 4/9/97
COMMISSIONERS KAPLAN/SIEGFRIED MOVED TO APPROVE THE APRIL 9, 1997
MINUTES WITH THE FOLLOWING AMENDMENTS:
- Page 2, paragraph 7, line 1 amended to read: "Interim Planning Director
Walgren presented the staff report. He said that staff could not make ... "
- Page 4, paragraph 1, line 1 amended to read: "Commissioner Bernald asked if
the deck could be et~+c~a1 designed structurally to have it attached ... "
- Page 5, paragraph 3, line 2 amended to read: "...a change in design than
what was seen before. "
- Page 7, paragraph 5 amended to read: "Commissioner Murakami felt that the
design was an original one but did not believe that it fit in with the neighborhood
and:ttia~~t:v~vnl~::~e~nostuli~ a~ralsetg ..."
THE MOTION CARRIED 6-0 WITH COMMISSIONER PIERCE ABSENT.
Oral Communications
No comments were offered.
Report of Posting_A e,~; nda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April
18, 1997.
Technical Corrections to Packet
No corrections were noted.
CONSENT CALENDAR
PLANNING COMMISSI~MINUTES •
APRIL 23, 1997
PAGE - 2 -
PUBLIC HEARING CONSENT CALENDAR
PUBLIC HEARINGS
1. DR-97-017 - KAPURIA; 21427 CONTINENTAL CIRCLE. Request for Design
Review approval to add a 2,284 square foot deck to the first story of an existing two-
story home, with a 7-foot high understory beneath the deck. The proposed understory
exceeds the 5-foot maximum height, necessitating Design Review. The property is 1
acre, and is located in the Hillside Residential zoning district.
Interim Planning Director Walgren presented the staff report. He recommended approval of the
two-foot exception from a five foot underfloor to seven feet with the requirement that the rear
of the deck is to be landscaped per the conditions of approval. Staff also recommended that an
attempt be made to transplant the two coast live oak trees lower onto the property. He said that
the survival rate of tree transplanting is good if it is overseen by an ASA certified arborist.
Chairwoman Patrick opened the public hearing at 7:43 p.m.
Victoria Garrison, project designer, provided the Commission with a color board. She said that
the deck would be used to entertain and that the deck is to be accessed from the second story.
She said that the next door neighbor would be the only one who would be able to see the deck
and that it is located above this house.
Commissioner Kaplan asked about the function of the copper piping? Ms. Garrison responded
that the copper piping would be used for railing. She explained that the shininess of the copper
would disappear after a few days. She said that copper lanterns exist all around the existing
structure and that it would compliment the house.
Commissioner Murakami asked if the highest portion of the deck nearest the kitchen area is to
be painted or would it be natural wood? Ms. Harrison responded that lattice is proposed in this
area of the deck with oleander to be planted all the way around to screen the deck. She said that
the deck is to be of a natural finished redwood.
COMMISSIONERS SIEGFRIED/BERNALD MOVED TO CLOSE THE PUBLIC HEARING
AT 7:53 p.m.
Commissioner Kaplan said that the fact that someone else has something that is non conforming
does not mean that it should be repeated.
Commissioner Murakami said that the deck appears to be massive. Although the middle section
of the deck is proposed at seven feet, he said that he could approve it.
Commissioners Bernald said that she would have preferred to see the deck stepped down two
more steps. However, she would support the request.
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 3 -
Commissioner Siegfried also supported the request because he did not see a great impact on
views.
Commissioner Abshire said that he could support the deck if it is painted the same color as the
house. He said that a large deck is being proposed and that if it is a different color than the
house, it would make the deck stand out. Therefore, he could not approve the deck.
Chairwoman Patrick felt that the deck was a massive deck on a prominent lot. She expressed
concern with the copper piping leeching into the hillside soil. She said that she could not make
the findings to approve the request as the deck's height appears to be inappropriate and that it
would have too much coverage, bulk, height and use of copper.
COMMISSIONERS SIEGFRIED/BERNALD MOVED TO APPROVE RESOLUTION NO. DR-
97-017 PER THE STAFF REPORT. THE MOTION FAILED ON A 2-4 VOTE AS
FOLLOWS: AYES: SIEGFRIED, MURAKAMI; NOES: ABSHIRE, BERNALD, KAPLAN,
PATRICK; ABSTAIN: NONE; ABSENT: PIERCE.
Interim Planning Director Walgren clarified that the deck could be built as designed at five feet
without having to come back to the Planning Commission for its approval.
Commissioner Abshire said that he would approve the deck if there was a color change.
Commissioner Kaplan said that copper leeching is a serious problem and could that she could not
support their use.
COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO REOPEN THE PUBLIC
HEARING AT 7:50 P.M. TO ASK THE APPLICANT'S REPRESENTATIVE IF SHE
WISHES TO CONTINUE THIS ITEM.
Ms. Garrison said that the color of the underneath post of the deck could be painted gray to
address the Commission's concern of color.
Interim Planning Director Walgren said that an alternate action would be to approve the deck
with a condition that would require the railings/under floor post to be painted to match the house
and that the copper railings be changed to a wood or natural material (to be approved at a staff
level).
Commissioner Siegfried suggested that this item be continued to allow the applicant the
opportunity to discuss alternatives with staff.
Mr. Kapuria, applicant, said that most of the copper water pipes installed in homes do not pose
a danger of leeching. He said that he would agree to paint the deck to match the home. He stated
his agreement to a continuance
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 4 -
Chairwoman Patrick said that she would not approve the request based on the use of the copper
material.
COMMISSIONERS SIEGFRIED/BERNALD MOVED TO CONTINUE THE PUBLIC
HEARING TO MAY 14, 1997 WITH REVISED PLANS TO BE SUBMITTED TO STAFF BY
FRIDAY, MAY 2, 1997. THE MOTION CARRIED 6-0 WITH COMMISSIONER PIERCE
ABSENT.
2. DR-97-007 - WHEATLEY; 20761 PAMELA WAY. Request for Design Review
approval to construct a 1,600 square foot, two story addition to an existing one story
home on a 8,429 square foot lot pursuant to Chapter 15 of the City Code. The site is
located an R-1-10,000 zoning district.
Interim Planning Director Walgren presented the staff report. He recommended approval of the
request with an additional requirement that stipulates that some design changes are to be made
prior to the issuance of a zoning clearance [i.e., changes to be made to the rear (north elevation)
and the interior elevation (west elevation)] . Staff recommends the introduction of a horizontal
break between the first and second floor to reduce the vertical emphasis and to emphasis the
horizontal lines of the structures to address the appearance of mass and bulk.
Chairwoman Patrick asked at what level will the height of the house be in relationship to the
street. Interim Planning Director Walgren said that the home lowers significantly 10-12 feet on
Pamela Way and that the elevation of Pamela Way will be slight. As you approach Sixth Street
at the garage entrance, the pad is at street grade.
Commissioner Kaplan noted that the front yard was significantly large. She asked if the applicant
could build in the front yard area. Interim Planning Director Walgren said that the front setback
requirement on Pamela Way is 25 feet and that the applicant proposes a 40-foot setback.
Chairwoman Patrick opened the public hearing at 8:00 p. m.
Ms. Reese, project designer, informed the Commission that condominiums are located to the rear
of the property (60 feet away from the rear of the second floor addition). She did not believe that
the condominiums would be impacted by the design. Therefore, she did not believe that the
horizontal feature to break up the mass was necessary. She explained that structurally, there is
a problem with designing a horizontal break. She said that she would agree to explore the use
of a fascia board or alternate architectural element to address staff's concern of mass and bulk.
COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING
AT 8:05 p. m.
Commissioner Murakami said that the second story addition was nicely designed. He said that
he did not have a problem with the rear and north elevation. Structurally, he understood the
project designer's comments. He said that he would support a cosmetic design alternative.
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 5 -
Chairwoman Patrick said that the use of a cornice type-approach to mitigate staff's concern
would be acceptable to her.
COMMISSIONERS SIEGFRIED/BERNALD MOVED TO APPROVE RESOLUTION NO. DR-
97-007 PER THE STAFF REPORT WITH THE STIPULATION THAT THE APPLICANT BE
REQUIRED TO PROVIDE A CORNICE TYPE-APPROACH OR COSMETIC ALTERNATIVE
TO ADDRESS THE CONCERN OF MASS AND BULK OF THE SECOND STORY
ADDITION. THE MOTION CARRIED 6-0 WITH COMMISSIONER PIERCE ABSENT.
3. DR-97-002, V-97-001 - MOSHTAGHI; 20758 WILDWOOD WAY. Request for
Design Review approval to construct a new 2,214 square foot, two story residence on a
3,549 square foot lot and a request for Variance approval to encroach into the required
front, side and rear setbacks pursuant to Chapter 15 of the City Code. The subject
property is located in an R-1-10,000 zoning district.
Interim Planning Director Walgren presented the staff report. He said that the subdivision was
created before the adoption of the City's zoning district and that the lot is a substandard lot. Staff
supported the variance request based on the special circumstance of the substandard nature of the
parcel and the fact that it would create a more conforming situation than currently exists. Staff
felt that the plans presented this evening for design review consideration can also be supportive
with an added condition to stipulate that a landscape plan is to be submitted prior to the issuance
of a zoning clearance, incorporating one or two native trees and replanting of the property. The
landscaping is to be installed prior to the fmal inspection of the new home.
Commissioner Kaplan asked if it would be feasible and within City ordinance to allow the garage
entrance to access off Fourth Street? Interim Planning Director Walgren informed the
Commission that the ordinance does not prohibit access to the garage from Fourth Street. Staff
would review garage access as part of the plan review and site inspection process. He noted that
there is a significant grade change and that there may be a site visibility consideration since
access is readily available off Wildwood Way.
Chairwoman Patrick opened the public hearing at 8:10 p.m.
Omid Shakeri, representing the applicant, informed the Commission that he designed a home that
would be compatible with that of the surrounding neighborhood (i.e., craftsman style home). He
said that the existing home is an older home that has not been maintained. The existing home is
proposed to be demolished to be replaced with the proposed home. He stated his agreement with
staff's recommendation, including the condition to submit a landscape plan.
Everet Killian, 14395 Wildwood Way, said that Wildwood Way is a privately owned street. If
heavy equipment is to be used, he expressed concern that the equipment may impact the private
road and may require maintenance. He said that the plans depict a 17-foot setback to the rear and
an 18-foot front setback. He asked if the house could be setback further so that the home does
not stand out as the home located at 27670 Springer is setback 34 feet. He requested that the
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 6 -
home be setback further away from Wildwood Way. He asked if the utilities would be
undergrounded? Interim Planning Director Walgren said that the new utilities would be required
to be underground.
Commissioner Murakami noted that the old structure sits right on Fourth Street and that the new
proposal would provide a greater setback.
Simon Chen informed the Commission that he is purchasing the home next door. He also
expressed concern with the setbacks. He felt that if a 25-foot front setback is not approved, it
would obstract views from Wildwood Way. If the home is setback further on Fourth Street, his
future home would stand out. He requested that this concern be mitigated through landscaping
or the installation of a sound wall.
David Reed, 20750 Wildwood Way, stated that he liked the plans and felt that the home would
be an improvement to the area. He said that the west side of the home would be the same length
as his home. He noted that the second story would be located close to his home and that it would
block the sun and his view. He supported the eight-foot second story setback because he did not
believe that atwelve-foot second story setback would make much of a difference. He said that
the master bedroom has two windows that look out toward the west side and are directly in line
with his bathroom windows. He requested that the windows be raised or opaqued so that the
owners do not look down to his bedroom. He requested that construction trucks park on Fourth
Street and that they not use Wildwood Way as there is a shortage of parking and that it would
be difficult to maneuver.
Mr. Shakeri said that he would not object to adjusting the windows to address Mr. Reed's
concern and that he would make sure that the construction/contract workers park on Fourth
Street. He addressed the setback concerns and said that once the house next door develops, the
homes would line up.
Commissioner Kaplan asked about the concern .from the neighbors' regarding damage to the
private street. Interim Planning Director Walgren recommended that a condition be included that
would stipulate that prior to final inspection, a grading inspector is to review the road to
determine if damage has occurred due to construction. If road damage occurs due to construction
use, the applicant is to repair the damage. Mr. Shakeri stated his concurrence to this added
condition as long as the road condition is studied prior to and after construction.
COMMISSIONERS MURAKAMI/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING
AT 8:29 p.m.
Commissioner Murakami felt that the home was well designed for the neighborhood. He stated
his appreciation of the neighbors' comments. He said that the City is dealing with an old
structure that is to be replaced with a new one. He said that he would support the request subject
to the conditions as recommended by staff.
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 7 -
Commissioner Kaplan said that the design would be an improvement to what exists. She
recommended that the two, second master bedroom windows be modified to be half size
windows. Interim Planning Director Walgren recommended that the bedroom windows be either
clear story, upper level or eliminated, subject to the applicant's choosing.
Commissioner Abshire felt that this was too much home for the size of the lot. He felt that the
home could be reduced in size to accommodate setback requirements.
Commissioner Siegfried felt that a smaller home would give the appearance of a bungalow.
Chairwoman Patrick said that she liked the design and that she appreciated that it was not a
Tudor. She said that she would prefer to see the garage sited elsewhere because she did not like
garages in front of houses, especially a small home like this. She said that would not like the
home be setback further toward the bank and that she would support the request.
COMMISSIONERS MURAKAMI/KAPLAN MOVED TO APPROVE RESOLUTION V-97-001
SUBJECT TO THE FINDINGS AS DESCRIBED. THE MOTION CARRIED 5-1 WITH
COMMISSIONER ABSHIRE VOTING NO AND COMMISSIONER PIERCE ABSENT.
COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO APPROVE RESOLUTION NO.
DR-97-007 WITH THE ADDED CONDITIONS TO STIPULATE MODIFICATIONS TO THE
SECOND STORY MASTER BEDROOM WINDOWS; SUBMITTAL OF A LANDSCAPE
PLAN PRIOR TO ZONING CLEARANCE; AND REPAIRS TO WILDWOOD WAY SHOULD
DAMAGE OCCUR TO THE PRIVATE STREET DUE TO CONSTRUCTION USE. THE
MOTION CARRIED 5-1 WITH COMMISSIONER ABSHIRE VOTING NO. AND
COMMISSIONER PIERCE ABSENT.
DIRECTOR ITEMS
1. Notice of Grading/Tree Removal Permit
Interim Planning Director informed the Commission that staff supports the request to perform
a one-time road construction pad preparation and walnut orchard tree removal. Staff scheduled
this item as an informational item to let the applicant know that staff is planning to approve the
request. If acceptable to the Planning Commission, staff will send courtesy notices to all
adjoining praperty owners, notifying them that heavy equipment can be expected on a certain
date. He said that grading will be conducted under city permit and supervision.
Chairwoman Patrick expressed concern with dust associated with grading. She requested that
staff make sure that the dirt is kept wetted down.
BY CONSENSUS, THE COMMISSION CONCURRED WITH STAFF'S
RECOMMENDATION.
• •
PLANNING COMMISSION MINUTES
APRIL 23, 1997
PAGE - 8 -
Interim Planning Director informed the Commission that staff's representative to the Library
Commission has requested that the Commission consider whether a member is interested in
participating in the Library Expansion Subcommittee. Commissioners Siegfried, Murakami and
Bernald agreed to volunteer to sit on the Subcommittee.
COMMISSION ITEMS
1. DR-96-040 - MAITRA; 14455 PIKE ROAD. Request for approval of color board.
Interim Planning Director presented the staff report and provided the Commission with the new
color board material depicting the use of a darker earthtone color scheme.
Commissioner Siegfried said that he did not have a problem with the use of a trim but that he
did not support the color proposed.
Commissioner Murakami recommended that the colors be toned down.
BY CONSENSUS, THE COMMISSION DID NOT SUPPORT THE COLOR BOARD AS
PRESENTED AND RECOMMENDED THAT THE COLORS BE TONED DOWN.
Commissioner Kaplan recommended that Annette Woosley be thanked for forwarding to the
Commission an article from the May issue of Look Magazine discussing modern architecture.
Commissioner Bernald congratulated City Attorney Fabian for being certified by the American
Institute.
COMMUNICATIONS
ri en
1. City Council Minutes dated 4/2; 4/8/97
C~ Council
ADJOURNMENT -There being no further business, the meeting adjourned at 8:43 p.m. to
7:40 p.m., Wednesday, May 14, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Respectfully Submitted,
Irma Torrez
Minutes Clerk
IT\PC042397.SAR
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CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE:
PLACE:
TYPES
ROLL CALL
Wednesday, April 23, 1997 - 6:00 p.m.
EOC Center, 13777 Fruitvale Avenue
Adjourned Regular Meeting
Present: Chair Patrick, Commissioners Abshire, Bernald,
Kaplan, Murakami & Siegfried
Staff: Walgren
Absent: Commissioner Pierce
ORAL COMMUNICATIONS
None.
STUDY SESSION AGENDA
The meeting is a study session between applicants, interested
citizens and staff, to discuss advance planning projects, continued
applications and general planning issues. The Planning Commission
has a policy that no decisions will be made at these sessions. A
written report will be made of the proceedings.
1. Presentation by Teresa Lee, Director of Public Information and
Education - BAY AREA AIR QUALITY MANAGEMENT DISTRICT.
Teresa Lee and staff were present from the BAAQMD.
Ms. Lee began with a presentation on the background and
history of the BAAQMD, founded in 1955 and serving nine
counties. She noted the following facts:
• Air quality in the Bay Area has improved significantly
over the past 30 years.
• Ozone is created by high temperatures, NOX emissions and
inversion layer - weather most critical factor.
• Air pollution in the Santa Clara Valley tends to back-up
into the foothills.
• Ozone 50°s/50o industry/automobiles. PM~o particulates
generated by fireplaces, etc.
• Particulate matter from sources like wood burning
fireplaces/stoves are becoming the greater health concern
- a winter problem v. ozone which is a summer problem.
``"'s:
::
• Winter inversions on cold, still days are much
lower/shallower and more dangerous than others - though
fireplaces/wood stoves are a small fraction v.
automobiles.
• Wood stoves <1990 are "dirtiest", later stoves better,
pellet stoves better yet, gas stoves best.
• New Federal PM:c standards would put many communities out
of attainment based on proposed thresholds - mostly in
mid-western communities.
• Bay Area will be close to either attainment/non-
attainment to new standards.
For reference Ms. Lee passed out model ordinances from the Cities
of Petaluma and Los Gatos.
Meeting was adjourned @ 7:15 p.m. with appreciation extended to
BAAQMD representatives and with motion to:
• Publish informative article in Saratogan.
• Consider adopting ordinance at later meeting.
esan4-23