HomeMy WebLinkAbout05-28-1997 Planning Commission minutes~ANNING COMMISSION MINUTi~
' MAY 28, 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, Pierce, Siegfried
Late: None
Absent: None
Staff: Interim Planning Director Walgren
Minutes - 5/14/97
COMMISSIONERS KAPLAN/MURAKAMI MOVED TO APPROVE THE MAY 14, 1997
MINUTES CORRECTING MINOR TYPOS AND CORRECTING PAGE 11, LINE 4 TO
READ:
"...57 are valley oaks. She said that it would take fifty years to :reestablish a riparian
habitat ...She stated that she was prepared to vote this evening and that it would be a
vote that would not be appreciated li~- if~~;.
THE MOTION CARRIED UNANIMOUSLY (7-0).
Oral Communications
Paula Pambianko, 20541 Wardell Road, addressed the home that is being built at 12528 Spring
Blossom Court. She expressed concern that the foundation is being placed close to existing trees.
She did not believe that the home was sited as approved nor the home being constructed per
approved plans. She said that site plans have not been made available for review and that the
neighbors were told that the site plans would be made available tomorrow. She informed the
Commission that the property owner removed existing trees and landscape screen, resulting in
an argument between her husband and the property owner. She requested that a stop work order
be placed on construction to allow investigation and review of the approved plans. Also to be
investigated are the trees that were cut and the trespassing that occurred to remove the fence
separating the two properties.
Mark Ryan, 20563 Wardell Court, submitted a summary of his remarks for the Commission's
review. He said that a plot map was submitted and approved by the Planning Commission. The
plot map showed a 13-foot separation from the fence. A resurvey of the property suggests that
there is a three-foot separation. It appears that a larger home is being built than was approved.
He said that there is a code requirement that stipulates aneight-foot setback of structures from
existing trees. He requested that the Commission stop the project and require that a new site plan
be submitted that shows the location of the trees in relationship to the structures.
PLANNING COMMISSI~ MINUTES •
MAY 28, 1997
PAGE - 2 -
Sarath Vidanage, property owner, said that a tree located on his property was removed because
it was dead and that he left a portion of the trunk in place to verify that the tree is dead. He said
that he was required to install a fence around the perimeter of the property, noting that there is
confusion regarding the property line. He stated that the Building Department has verified all
parameters and verified building setbacks. He addressed the condition of the pine trees by stating
that they were dead or diseased for the past six months and that there was no question that the
trees needed to be removed.
Chester Peterson, 12641 Saratoga-Sunnyvale Road, expressed concern with the removal of the
apple and pane trees. He informed the Commission that he reported the removal of the trees to
his landlord and the Building Department.
Interim Planning Director Walgren stated that city staff was aware of the situation. He said that
the trees removed were not ordinance protected trees (size-wise). This is a civil matter versus
a zoning violation. He said that a tree was found to be six feet closer to the building foundation
but that it was not of specimen sized tree. He informed the Planning Commission that the City
arborist would be investigating the condition of the trees. If the trees are found to be diseased,
replacement trees will be required. If the trees were damaged due to removal or construction,
staff would require mitigations.
Commissioner Kaplan felt that improperly plotted plans invalidates the applicant's approval.
Interim Planning Director Walgren informed the Commission that staff stopped further
construction of the project to investigate the situation. He said that the trees were not shown
correctly on the plans submitted and that the City arborist will further investigate this issue.
Commissioner Kaplan stated that if it is verified that the trees are in poor condition, this may be
the opportunity to require replacement trees.
Commissioner Murakami felt that the owner should have consulted the adjacent property owner
before cutting overhanging branches.
Commissioner Siegfried recommended that the project be stopped if the applicant did not meet
tree setback requirements.
Interim Planning Director Walgren recommended that staff be directed to return with a tree
plotted map as a director's item for the next agenda.
Chairwoman Patrick recommended the planting of trees be required to mitigate the mistake of
plotting the trees and that an arborist report be submitted.
Commissioner Kaplan recommended that the applicant meet with the neighbors to keep them
appraised on his actions.
PLANNING COMMISSI~MINUTES
MAY 28, 1997
PAGE - 3 -
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May
23, 1997.
Technical Corrections to Packet
Interim Planning Director Walgren noted one correction to the packet. The correction is to Public
Hearing agenda item 3, page 4, the Design Review section. He said that this section correctly
describes the colors and material to be used for the home.
CONSENT CALENDAR
PUBLIC HEARING CONSENT CALENDAR
1. SD-96-002 ~ UP-96-001 - DAOU/CIVITAF CORP., CHIQUITA COURT;
Request for Tentative Parcel Map approval to subdivide a 26 acre hillside parcel into five
individual lots ranging in size from 1.1 to 3.2 net acres. Approximately 15 acres would
be dedicated as open space. Use Permit approval is requested to allow the lots to be
clustered together, thus allowing the open space dedication. Lot 1 is proposed to access
off Comer Dr. Lots 2 - 5 would be accessed via an extension of Chiquita Ct. The
property is located within a Hillside Residential (HR) zoning district (cont. from
5/14/97 to prepare and adopt denial Resolutions; City review deadline is 1/6/98).
COMMISSIONERS PIERCE/KAPLAN MOVED TO REMOVE ITEM ONE FROM THE
PUBLIC HEARING CONSENT CALENDAR.
Commissioner Kaplan referred to page 3, second bullet, and recommended that the word
"a~eidably" be replaced with the word "vic~i"
COMMISSIONERS MURAKAMI/BERNALD MOVED TO APPROVE PUBLIC HEARING
CONSENT CALENDAR ITEM 1 BY MINUTE ACTION AS AMENDED. THE MOTION
CARRIED UNANIMOUSLY (7-0).
PUBLIC HEARINGS
2. DR-97-008 - METZLER, 12181 MELLOWOOD DR.; Request for Design Review
approval to construct a 1,082 sq. ft., one and two-story addition to an existing 1,830 sq.
ft. one story home on a 9,750 sq. ft. lot pursuant to Chapter 15 of the city Code. The
site is located in an R-1-10,000 zoning district (cont. from S/ 14/97 for applicants to
complete revisions; City review deadline is 9/14/97).
Interim Planning Director Walgren presented the staff report. He indicated that a letter was
submitted this evening from a resident across the street opposed to the addition.
• •
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 4 -
Chairwoman Patrick asked what siding material would be used? Interim Planning Director
Walgren informed the Commission that the siding would be of a stucco painted finish.
Chairwoman Patrick opened the public hearing at 8:05 p.m.
Leonard Siemer, 12191 Mellowood Drive, spoke on behalf of area residents including Ms.
Chang and stated the area residents' opposition to the request. He said that Ms. Chang felt that
the second story addition would take away sun light and that it would eliminate her privacy. He
said that his family room would reduce sun light by approximately 25 % . He said that it was the
neighbors' belief that the design was denied. He informed the Commission that a petition would
be circulated should the Planning Commission approve the request. He felt that the size of the
lot would accommodate a 2,000-foot addition without destroying elevations. He said that at least
75 % of the Mellowood Drive residents oppose the request.
John Metzler, applicant, stated that he did not believe that this addition would take away sunlight
from Mr. Siemer's home. He requested that he be allowed to install either stained glass windows
or trees to the rear of the property to address the privacy concern.
Stan Field, project architect, stated that he felt that the addition was compatible to that of the
neighborhood and that it would not stand out. He informed the Commission that the existing
wood siding is to be removed and replaced with stucco.
COMMISSIONERS KAPLAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING
AT 8:15 P.M.
Commissioner Kaplan asked who required the installation of the rear row of trees? She stated
that the Commission does not recommend the use of plantings for architectural relief. She asked
if there was anything wrong with the design that needs to be fixed? Interim Planning Director
Walgren responded that there is a gap from the rear property line and the second story addition
and that there was a concern with privacy impact. He said that an alternative to planting a row
of trees would be to install stained or tinted glass windows.
Commissioner Kaplan stated her support of retaining the row of rear trees to minimize the
privacy impact.
Commissioners Murakami commended the applicant on the design as it was an improvement to
the original design submitted. He said that he understood the apprehensions of the neighbors with
the construction of a second story addition but felt that it was a reasonably designed addition.
He noted that the applicant has met all legal code requirements with the design of the addition.
Commissioner Bernald stated her concurrence with Commissioner Murakami's comments.
• •
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 5 -
Commissioner Siegfried stated that the height of the home is proposed at 22.5 feet and that the
addition is centered. Therefore, he did not believe that the two story home would have a
significant impact to the neighborhood.
Commissioner Pierce concurred with the comments as expressed by his fellow Commissioners.
He felt that the design is contemporary and that it would fit in with the neighborhood. He also
felt that tastefully designed second story additions are reasonable requests.
Chairwoman Patrick concurred with the comments as expressed and felt that this was the least
obtrusive second story addition she has seen and that she did not believe that the second story
addition would shed a shadow.
COMMISSIONERS MURAKAMI/SIEGFRIED MOVED TO APPROVE RESOLUTION NO.
DR-97-008 WITH THE STIPULATION THAT A LANDSCAPE PLAN BE SUBMITTED FOR
STAFF REVIEW. THE MOTION CARRIED UNANIMOUSLY (7-0).
3. DR-97-011 - CHAPMAN, 20238 HILL AVENUE; Request for Design Review
approval to construct a new 6,059 sq. ft. two-story structure and a request for an
exception from the floor area reduction requirement for structures in excess of eighteen
feet in height on a 43,691 square foot parcel pursuant to Chapter 15 of the City Code.
The property is located in a R-1-40,000 zoning district.
Interim Planning Director Walgren presented the staff report. He stated that there are a number
of two story homes in the neighborhood. Therefore, staff believes that the findings to support
the approval of the floor area reduction exception can be made.
Commissioner Murakami inquired as to the square footage of the basement? Interim Planning
Director Walgren responded that the basement is proposed at 1,300 square feet.
Chairwoman Patrick opened the public hearing at 8:25 p. m.
Walter Chapman, project designer, addressed the concern of the trees. He informed the
Commission that the City arborist has not had the opportunity to review the latest drainage plan.
He provided the Commission with a tree list. He indicated that the drainage lines and sewer
laterals are to be shifted and that they would not impact the trees' root systems. The roadway
realignment would also mitigate any impact to tree root systems. The drainage swale would be
eliminated and be replaced by a solid wall to protect the trees. He said that four trees would be
removed for aesthetic reasons and that three trees would be removed to allow construction of the
home. It was his believe that once the City arborist reviews the revised plans, it will be
determined that the trees would not be impacted. The swimming pool is proposed to be relocated
to retain three trees. He indicated that a circular driveway is proposed at a 14 foot width with
a center walkway to the front door. He informed the Commission that some previous material
would be used in the front driveway and in the rear parking area.
• •
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 6 -
Chairwoman Patrick stated that upon review of the tree chart submitted by the applicant this
evening, there appears to be a disagreement between the applicant and the City arborist about
which trees are to be removed or retained (i.e., trees 23 and 24).
Commissioner Murakami asked about the number of bedrooms proposed? Mr. Chapman
responded that five bedrooms are proposed and that a portion of the basement is to be used as
living area.
Commissioner Kaplan noted that there is a disagreement with saving tree number 22.
COMMISSIONERS PIERCE/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING AT
8:44 P.M.
Interim Planning Director Walgren clarified that the basement is proposed at 3,200 square feet.
He said that trees 23 and 24 were not identified by the arborist as ones to be removed. If they
are to be removed, they need to be included in the resolution as trees to be removed and that a
replacement value be identified.
Commissioner Kaplan expressed concern with the removal and protection of the trees on site and
recommended that the City arborist review the plans before granting approval. She expressed
concern with the size of the home. She said that a home is proposed to be constructed from one
property line to the other. She stated that she could not support the increase in floor area but that
she could support the relocation of the swimming pool away from the trees.
Commissioner Murakami stated that with the inclusion of the basement area as living space, a
9,000 square foot home is proposed and felt that the square footage was excessive. He
recommended that the square footage of the home be reduced to save additional trees.
Commissioner Bernald stated her concurrence with the comments as expressed by Commissioners
Kaplan and Murakami. She recommended that the size of the home be reduced to save the
existing trees.
Commissioner Siegfried concurred with the comments expressed by the Commission and noted
that the basement was not included as part of the living area.
Commissioner Pierce felt that the basements should be encouraged. He said that this is the largest
home that can be built on an acre lot. He felt that the applicant was entitled to the floor area
reduction exception as the neighborhood is predominantly two story homes. As long as the pool
is relocated, he could support the application.
Commissioner Kaplan noted that the staff report states that the property is bounded by single
story homes. Interim Planning Director Walgren clarified that the term single family homes
refers to single family home development versus multi-family home development, regardless of
the number of stories proposed.
• •
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 7 -
Chairwoman Patrick supported the use of basements. However, she noted that this basement is
above ground. She also expressed concern with the extensive use of pavement. She stated her
support of the relocation of the swimming pool. She said that a large home is proposed that fits
the building site. She stated that she could not make a decision on this application at this time
because of the ambiguity relating to the trees.
Commissioner Pierce said that he would like to know how much pervious/impervious material
is proposed to be used in the driveway.
Commissioners Kaplan/Bernald moved to reopen the public hearing at 8:52 p. m.
Interim Planning Director Walgren clarified that review of final landscape plans would indicate
the amount of pervious/impervious material to be used, the relocation of the swimming pool, and
preservation of the trees.
Mr. Chapman stated his concurrence with atwo-week continuance.
BY CONSENSUS, THE COMMISSION CONTINUED THE PUBLIC HEARING TO JUNE
11, 1997.
4. DR-97-018 - SHELTON/DOLUCA, 15052 GYPSY HILL ROAD; Request for
Design Review approval to construct a 5,396 square foot one-story residence on a vacant
1.07 acre lot. The property is located in the R-1-40,000 zoning district.
Interim Planning Director Walgren presented the staff report.
Chairwoman Patrick opened the public hearing at 9:05 p.m.
Curt Fry, project designer, indicated that the design was that of a California Mission style
design. He said that the Swale is directed toward the street, that the roof material would be tile,
and that two fireplaces are proposed.
Commissioner Kaplan asked if the applicant- would agree to make one fireplace anon-wood
burning fireplace?
Stacey Shelton stated that she would like to have the ability of installing two wood burning
fireplaces.
COMMISSIONERS PIERCE/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING AT
9:07 P.M.
Commissioner Murakami stated that the proposed design was an improvement to what has been
approved in the area. Therefore, he could support the request.
• •
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 8 -
COMMISSIONERS MURAKAMI/BERNALD MOVED TO APPROVE RESOLUTION NO.
DR-97-018. THE MOTION CARRIED UNANIMOUSLY (7-0).
5. DR-97-019 -ANDERSON, 22661 GARROD ROAD; Request for Design Review
approval to construct a new 5,504 sq. ft. single-story residence on a vacant lot. The
property is 1.8 net acres and is located in the Hillside Residential zoning district.
Interim Planning Director Walgren presented the staff report. He informed the Commission that
the attic is large enough to be considered usable space but not habitable space. If used as
habitable space, it would exceed the maximum square footage allowed.
Chairwoman Patrick opened the public hearing at 9:12 p.m.
Scott Stotler, project designer, distributed pictures that depict the proposed architectural style,
noting that a single story country home is proposed.
Commissioner Kaplan asked if the oak grove is to be retained? She asked if an oak management
condition was included to discourage the use of high water usage plants around the oak tree(s)
canopy? She said that she would want to review a landscape plan to ensure that the appropriate
landscaping is used.
Commissioner Pierce inquired about the circular driveway and asked what surface material would
be used? Mr. Stotler responded that the driveway is proposed to be 12 feet in width and that
asphalt material is proposed.
COMMISSIONERS MURAKAMI/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING
AT 9:18 P.M.
Commissioner Abshire stated his support of the design.
Commissioner Pierce supported the proposed design but expressed concern with the driveway.
He recommended that the driveway be constructed of pervious material and that the applicant
work with staff to reduce the amount of driveway asphalt so that it is aesthetically pleasing.
Commissioner Siegfried supported the design as proposed.
Commissioner Bernald also stated her support of the design but recommended that the driveway
be reduced. She also recommended that some portions of the driveway be of pervious material.
Commissioner Murakami commended the applicant on the design. He stated that would support
the use of some pervious driveway material.
•
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 9 -
COMMISSIONERS PIERCE/MURAKAMI MOVED TO APPROVE RESOLUTION NO. DR-
97-019 WITH THE CONDITION THAT THE APPLICANT WORK WITH STAFF TO
REDUCE THE AMOUNT OF IMPERVIOUS PAVEMENT, THAT PERVIOUS MATERIAL
BE USED FOR A PORTION OF THE DRIVEWAY, AND THAT A LANDSCAPE PLAN BE
SUBMITTED FOR STAFF REVIEW PRIOR TO THE ISSUANCE OF A BUILDING
PERMIT. THE MOTION CARRIED UNANIMOUSLY (7-0).
6. DR-97-022 -GREATER BAY CONSTRUCTION, 12308 - 12339 KOSICH
PLACE; Request for Design Review to construct seven one-story, and five two-story
residences, ranging in size from 3,277 sq. ft. to 3,996 sq. ft. pursuant to Chapter 15 of
the City Code. The subdivision of this property was approved by the Planning
Commission on September 25, 1996. The lots range in size from 10,005 sq. ft. to
16,257 sq. ft. All properties are located in the R-1-10,000 zoning district.
Interim Planning Director Walgren presented the staff report. He recommended that the twelve
homes proposed be considered as one application. Staff supported the request with the
recommendation that the plans for Lot 8, plan F, be further modified to provide for greater
articulation of the rear elevation between the first and second story.
Chairwoman Patrick opened the public hearing at 9:26 p. m.
David Chu, Greater Bay Construction, informed the Commission that seven single story homes
and five, two-story homes are proposed. He said that he would agree to make modifications to
lot 8 as recommended by staff.
Commissioner Kaplan inquired about the fireplaces and asked the applicant if he would agree to
install non-wood burning fireplaces to protect the environment. Mr. Chu confirmed that two
fireplaces are proposed for each home and that each would have gas starters.
Commissioner Bernald stated that Saratoga has seen a number of Mediterranean style homes. She
asked if the applicant would be agreeable to using wood instead of stucco material?
Greg Zimmerman, project designer, felt that harmony in design would be achieved if stucco is
used in this small subdivision. He said that four of the twelve homes would use wood and brick
materials. He felt that the subdivision would be more of a community if the homes were designed
differently with some similarity in the use of stucco.
Commissioner Pierce stated that in reviewing the roofline of plan F, it appears to be layers upon
layers of roofline. It also has front elevations with windows going up to the height of the roof.
He expressed concern with the front elevations and the expanse in window use.
Mr. Zimmerman said that he would agree to lower the window, but that in doing so, it would
increase the use of stucco and the appearance in mass.
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 10 -
Interim Planning Director Walgren stated that the Design Review Guidelines does not address
the use of expanse in windows. However, the Guidelines discourages the use of blank walls. He
felt that the use of windows provides articulation to the wall elevations. He said that the amount
of window glaze may be Commissioner Pierce's concern.
Chairwoman Patrick asked if it was possible to build wood sided homes? Mr. Zimmerman stated
that he did not want to introduce 12 homes that were not designed as one product.
COMMISSIONERS SIEGFRIED/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING
AT 9:41 P.M.
Commissioner Abshire stated that he wished that there was additional space between the homes
than proposed or that a greater variation in setbacks be required. It was his belief that once the
homes were constructed that they would appear to be tall structures.
Commissioner Pierce expressed concern with the design of plan F. He recommended that the
roofline of of 8 be redesigned. He also expressed concern with the height of the windows.
Commissioner Siegfried stated his support of the design with the exception of plan F.
Commissioner Bernald felt that this design is a repetition of the Greenbriar development. She felt
that the size of the home and use of stucco was over done.
Commissioner Murakami stated that he did not like the way each home appears but that he would
not deny the design. He concurred with the recommended redesign of lot 8. He felt that the
proposed subdivision proposes alternate one and two story homes and that it would not appear
to be obtrusive.
Commissioner Kaplan expressed concern with the design of the subdivision and stated her
support of different neighborhood designs (eclectic design).
Chairwoman Patrick concurred that the design is similar to that of the Greenbriar development.
She did not believe that the design would be compatible with the surrounding homes. Therefore,
she could not support the request.
Commissioner Pierce agreed that the most recent designs incorporated the use of wood and stone
material and that he would support their use. He recommended that the window area be reduced.
COMMISSIONERS KAPLAN/PIERCE MOVED TO REOPEN THE PUBLIC HEARING.
Mr. Chu stated his concurrence to a continuance with clear direction being given by the Planning
Commission as it was his belief that the proposed design met City guidelines.
•
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 11 -
Interim Planning Director Walgren clarified that the Commission expressed concerns regarding
building size, proximity of the buildings to each other, incorporation of horizontal elements, use
of wood, and modifications to plan F.
COMMISSIONERS PIERCE/MURAKAMI MOVED TO CONTINUE THE PUBLIC HEARING
TO JUNE 25, 1997 WITH REVISED PLANS BEING SUBMITTED TO STAFF BY JUNE 13.
THE MOTION CARRIED UNANIMOUSLY (7-0).
DIRECTOR ITEMS
1. Review of Sign Program for Argonaut Shopping Center
Interim Planning Director Walgren presented the staff report and stated staff's support of an
eclectic sign program with the stipulation that a limited range of color be approved to be
consistent with the colors and materials of the approved renovation plans.
Commissioner Kaplan stated that she could not support the request as she could not judge the
colors proposed. She requested that sample lettering and colors be submitted for Commission
review to make sure that the signs and the colors are compatible with roof and fascia of the
Argonaut Shopping Center.
Commissioner Siegfried concurred with the comments as expressed by Commissioner Kaplan.
He said that he did not want every sign to look the same.
Craig Maynard, Cal Neon Signs, said that the unifying factor is the limiting use of colors. He
felt that the proposed sign program would be an attractive approach, tying the sign to the
building.
Commissioner Murakami asked if plans could be submitted that would depict what is being
proposed. Mr. Maynard responded that he would agree to submit plans that would explain what
is being proposed.
BY CONSENSUS THE COMMISSION DIRECTED THE APPLICANT TO SUBMIT PLANS
AND A COLOR BOARD FOR COMMISSION REVIEW TO EVALUATE THE REQUESTED
SIGN PROGRAM.
COMMISSION ITEMS
Commissioner Murakami said that he and Commissioner Bernald recently attended the Library
Commission meeting noting that another meeting is scheduled next week.
PLANNING COMMISSION MINUTES
MAY 28, 1997
PAGE - 12 -
Commissioner Bernald said that the Bicycle Committee has requested that they be provided with
additional information on future projects that will incorporate bike paths as part of their
development. Interim Planning Dvector Walgren informed the Commission that any project that
proposes to incorporate bike paths are routinely referred to the Bicycle Committee.
Commissioner Siegfried indicated that he would be out of country during the month of July.
COMMUNICATIONS
Written
1. City Council Minutes dated 5/7 & 5/13/97
2. Notices for 6/ 11 /97 Planning Commission
ADJOURNMENT -There being no further business, the meeting adjourned at 9:50 p.m. to
7:30 p.m. Wednesday, June 11, 1997, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
Respectfully Submitted,
Irma Torrez
Minutes Clerk
IT\ PC052897.SAR