HomeMy WebLinkAbout07-28-2004 Planning Commission Minutes
MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, July 28, 2004
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Acting Chair Nagpal called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Hunter, Nagpal, Schallop and Zutshi
Absent: Commissioners Garakani, Rodgers and Uhl
Staff: Director Tom Sullivan, Associate Planner Christy Oosterhous and Associate Planner
John Livingstone
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of July 14, 2004.
Motion: Upon motion of Commissioner Zutshi, seconded by Commissioner Hunter, the
Planning Commission minutes of the regular meeting of July 14, 2004, were
adopted with corrections to pages 14 and 15. (4-0-3; Commissioners Garakani,
Rodgers and Uhl were absent)
ORAL COMMUNICATION
There were no Oral Communications.
REPORT OF POSTING AGENDA
Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this
meeting was properly posted on July 22, 2004.
REPORT OF APPEAL RIGHTS
Acting Chair Nagpal announced that appeals are possible for any decision made on this Agenda by
filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the
decision, pursuant to Municipal Code 15.90.050(b).
CONSENT CALENDAR
There were no Consent Calendar Items.
Saratoga Planning Commission Minutes of July 28, 2004 Page 2
***
PUBLIC HEARING - ITEM NO. 1
APPLICATION #03-064 (517-22-024) MARTINO, 15374 Madrone Hill Road: The applicant requests
Design Review approval to construct a two-story single-family residence. The project includes the
demolition of an existing residence. The total floor area of the proposed residence and garage is 5,118
square feet. The floor area of the main floor is 3,514 square feet and the lower floor is 1,577 square
feet. In addition, a 1,995 square foot basement is proposed. The maximum height of the proposed
residence is 24 feet. The lot size is approximately 87,855 square feet and the site is zoned R-1-40,000.
(CHRISTY OOSTERHOUS)
Associate Planner Christy Oosterhous presented the staff report as follows:
• Advised that the applicant is seeking Design Review approval to allow a two-story, single-family
residence with a floor area of 5,118 square feet plus a basement. The maximum height is 24 feet.
The lot is nearly 88,000 square feet in an R-1-40,000 zoning district.
• Added that from the street, this home will appear to be single-story as the slope of the lot helps to
minimize the appearance of mass and bulk.
• Described the architectural style as French eclectic.
• Pointed out that the footprint of the new home will largely match the existing footprint.
• Recommended approval.
Commissioner Hunter pointed out the flat appearance of the roof with little articulation and asked for
the reasoning behind that.
Director Tom Sullivan said that while there is usually more movement, the house itself moves quite a
bit. The front elevation is well broken up while the rear elevation is more flat.
Acting Chair Nagpal asked if any further decisions have been made relating to Tree No. 5 (Oak).
Associate Planner Christy Oosterhous replied that she had thought this issue had been resolved at the
site visit.
Acting Chair Nagpal sought clarification that this tree would be retained.
Associate Planner Christy Oosterhous replied that the applicant would have to comply with the decision
of the Commission.
Acting Chair Nagpal opened the Public Hearing for Agenda Item No. 1.
Mr. Dan Winklebleck, Project Design and Applicant’s Representative:
• Advised that Tree No. 5, which is an Oak tree, would be retained.
• Added that the removal of this tree was deemed unnecessary for the driveway.
• Said that they have worked hard to maintain the footprint as closely as possible to minimize the
impacts on the site and existing landscaping. Therefore the footprint does dictate the resulting
roofline. They are achieving a large amount of square footage on a compact footprint.
• Stated he was available for any questions.
Saratoga Planning Commission Minutes of July 28, 2004 Page 3
Commissioner Zutshi asked Mr. Dan Winklebleck where the basement would be positioned on the site.
Mr. Dan Winklebleck replied that a below grade basement would be located beneath one wing of the
house, the southern area beneath the bedroom area. This is currently just crawl space. Additionally,
there will also be a daylight basement in the area in which one already exists. They plan to maintain the
current driveway as it had been determined by arborists that the existing trees would be better protected
without breaking up the existing driveway.
Commissioner Zutshi questioned areas of the driveway that have buckled.
Mr. Dan Winklebleck replied that any driveway repairs would be done according to arborist
recommendations.
Commissioner Zutshi pointed out the request of one neighbor for a construction start time of 7:30 a.m.
instead of the standard start time of 7 a.m. She questioned if this time constraint also applies to delivery
of materials.
Mr. Dan Winklebleck replied that the schedule applies to everyone who comes to the site. He said that
the General Contractor would be made aware that no one could arrive prior to 7:30 a.m. Added that
this is a Condition of Approval and these conditions are printed on the working drawings.
Director Tom Sullivan added that the project site would also be posted on the street side with signage
that will list allowable construction hours for this project. He added that 7 a.m. is typically the regular
start time allowed.
Acting Chair Nagpal asked if this sign is a requirement.
Director Tom Sullivan replied yes, it is a requirement for all such construction projects.
Commissioner Hunter pointed out that construction crews like to work between the hours of 7 a.m. to
about 3 p.m.
Mr. Dan Winklebleck assured that the conditions of approval would be complied with.
Acting Chair Nagpal asked about the roof slate colors and whether the actual materials used would
create the checkerboard pattern or appear to be more one color.
Mr. Dan Winklebleck replied that the slate would consist of blended colors.
Acting Chair Nagpal asked if there would be contrasting colors.
Mr. Dan Winklebleck replied more complimentary.
Acting Chair Nagpal asked Mr. Dan Winklebleck if the comments and suggestions made are
acceptable.
Mr. Dan Winklebleck said that he has heard nothing otherwise.
Saratoga Planning Commission Minutes of July 28, 2004 Page 4
Mr. Greg Smith, 15472 Madrone Hill Road, Saratoga:
• Said he is the closest neighbor to the Martinos and the only one who can see the property.
• Stated that he has seen the plans, likes them and has no objection to their approval.
• Explained that his only concern is the condition of the shared common drive following construction.
If the driveway is damaged, he expects the damage to be repaired to match the condition it was at
the start of this construction project.
Acting Chair Nagpal closed the Public Hearing for Agenda Item No. 1.
Commissioner Zutshi said that this project was okay.
Commissioner Hunter said that while she had no problem with the removal of three Redwoods she does
question the removal of the Oak, which Mrs. Martino hopes to have removed.
Acting Chair Nagpal said that this project provides an improvement to an existing structure and that the
slate roof is compatible. Stated she is supportive of this project.
Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the
Planning Commission granted Design Review approval to allow the construction of
a two-story single-family residence on property located at 15374 Madrone Hill
Road, by the following roll call vote:
AYES: Hunter, Nagpal, Schallop and Zutshi
NOES: None
ABSENT: Garakani, Rodgers and Uhl
ABSTAIN: None
***
PUBLIC HEARING - ITEM NO. 2
APPLICATION #04-012 (397-23-012) – FILICE, 20288 La Paloma Avenue: Request Design Review
approval to demolish and rebuild a significant portion of the existing 1,900 square foot house and add a
new second floor for a total floor area of 2,879 square feet. The proposed project will also include a
789 square foot basement. The height of the structure will not exceed 26 feet. The gross lot size is
7,321 square feet and zoned R-1-10,000. (JOHN LIVINGSTONE)
Associate Planner John Livingstone presented the staff report as follows:
• Advised that the applicant is seeking Design Review approval to allow the demolition and
reconstruction of a significant portion of an existing 1,700 square foot home. The project includes a
new second story for a total of 2,879 square feet. The project includes a 789 square foot basement.
The maximum height is 26 feet. The lot size is 7,300 square feet and the zoning is R-1-10,000.
• Said that this house may possibly be historic but it is not included on the City’s Historic Resource
Inventory. However, it is located in an historic area.
• Stated that the home was built in the 1920s.
• Reported that the applicant was required to hire a qualified historic architect to review this structure.
Their initial report found that this structure has local historic significance. This historic architect
worked with the project architect to match the new construction for historic integrity. Four to five
Saratoga Planning Commission Minutes of July 28, 2004 Page 5
different plan proposals were evaluated to achieve the current design and final plans were prepared.
The project meets the requirements established by the Secretary of Interior standards as pertains to
historic structures.
• Informed that the City’s Heritage Preservation Commission considered this project, reviewed the
proposal and conducted a site visit. Their recommendation is that the Planning Commission
approves this proposed addition.
• Said that there is no consistent design type in this area. Homes vary in age and architectural style
and include Traditional, Tudor and Craftsman styles. Some are two stories. Two homes in the area
are included on the Historic Resource Inventory.
• Described the proposed exterior for the addition as being light beige stucco with a smooth texture.
The texture of the new portion would be lighter in texture than the existing portion of the house in
order to make the additions obvious from the original structure.
• Said that the project meets required Design Review findings and conforms to the policies of the
Residential Design Handbook regarding issues of bulk, privacy and views.
• Said that a two-car garage is required. The existing one-car garage will be demolished and a
tandem two-car garage constructed in its place.
• Stated that one seven-inch Magnolia tree will be removed from the center of the backyard, which
was found to have only 50 percent structural integrity. A native replacement will be planted. This
removal also facilitates the creation of an open play area.
• Reported that the project plans have been shown to neighbors. Several letters of support have been
received and one letter raising concerns.
• Recommended approval and advised that the owner and project architect are available this evening.
Acting Chair Nagpal asked staff if any files had been found pertaining to a previous denial by the
Planning Commission for this property.
Associate Planner John Livingstone replied no, nothing was found. He suggested that perhaps a project
review process was started but actual plans were never formally submitted.
Acting Chair Nagpal stated that it appears that the general size of homes in this neighborhood is about
2,800 square feet.
Associate Planner John Livingstone added that there are also many two-story homes in the area.
Acting Chair Nagpal asked if the Village Green Homeowners Association submitted any comments.
Associate Planner John Livingstone replied no.
Acting Chair Nagpal opened the Public Hearing for Agenda Item No. 2.
Mr. Mike McKay, Project Architect:
• Said that John Livingstone did a very thorough job explaining this project.
• Stated that they have undergone an extensive design process with lots of cooperation between
Planning staff, the Dill Design Group and neighbors.
• Said he would be available for any questions are as his clients, Mike and Jennifer Filice.
Ms. Nora Mason, Madrone Hill Road, Saratoga:
Saratoga Planning Commission Minutes of July 28, 2004 Page 6
• Reported that she has resided in her home for seven years and is opposed to the project.
• Agreed that the home plans are lovely but the issue is the tiny lots.
• Explained that there is no driveway between this lot and her own. Construction of this addition
would rob her of daylight and a glimpse of sky from her home.
• Said that she worked with Mr. McKay on minor changes and had suggesting he flip a couple of
rooms but they are unwilling to do that.
• Stated that the Filices have the right to build and they are not breaking any Codes but that she also
has the right to see blue sky.
• Advised that she teaches piano from her living room.
• Pointed out that once constructed, when she looks out her home all she will see is a huge two-story,
which will give the appearance of a zero lot line. This would diminish the value of her home and
set a precedent in the neighborhood.
• Said that this construction would represent the first without benefit of a driveway between a new
two-story and an older single-story home.
• Asked the Planning Commission to consider her position and stated that this decision will require
the wisdom of Solomon.
Commissioner Hunter reported that while she had missed the site visit she had driven past the project
site. She asked Ms. Nora Mason if she had participated in the meeting with the Heritage Preservation
Commission when this project was discussed.
Ms. Nora Mason replied no. She said that she was not aware she had that option.
Commissioner Zutshi asked about her proposal to flip the design of this addition.
Ms. Nora Mason said that she believed that she would retain some view of sky from her home if the
master bath and closet were flipped, with the closet closest to her property and the bath on the other
side.
Commissioner Zutshi expressed confusion as she felt that the roofline would stay the same even with
this proposed change.
Ms. Nora Mason said that Mr. McKay told her that this change was not desirable to them but she felt it
would shift the Martino’s `house from four to five feet further from her property.
Acting Chair Nagpal asked Ms. Nora Mason about her desire to keep the Oak tree and suggested that
removal might offer her some view of sky.
Ms. Nora Mason replied that this tree will serve to block the view of concrete but does not block sky
since the tree is not that tall. The tree would soften massing.
Mr. Eugene Zambetti, 20301 La Paloma Avenue, Saratoga:
• Said that he has looked at the plans and supports their approval.
• Said he owns property across the street and to the north and that his home is in a way also a two
story, with a garage at the bottom and living room above it.
Saratoga Planning Commission Minutes of July 28, 2004 Page 7
• Stated that this proposed design is in keeping with the original subdivision and reported that he has
owned his property in this neighborhood since 1975. The setbacks are in character and style is in
keeping with the neighborhood.
• Opined that it would be difficult to flip the house at this time since the project has already
undergone lots of review.
• Stated that neighbor issues have been addressed.
• Said that he submitted a letter of support and is available for any questions.
Ms. Joan Bose, 20289 La Paloma Drive, Saratoga:
• Said that she lives across from this site.
• Said that while she will see the second floor from her property she is in favor of this project that has
been tastefully designed to reflect the character of the Village.
• Recommended approval.
Mr. Mike McKay, Project Architect:
• Said that they have tried to work with Nora Mason, trying to do as much as they could to increase
her view of the sky. They considered swapping the closet and bath and found it difficult to
accomplish.
• Stated that they have balanced the needs of many neighbors and not just Ms. Mason.
• Explained that if they swapped the bath and closed, the shading on the structure to the north would
be increased. The elements did not line up with the swap and there were minimal improvements to
the Mason side. However, they did make some changes to accommodate Ms. Mason’s concerns,
including changing some gables to hips.
• Disagreed that their elevation would result in a wall of stucco. There is the first story, a tile roof, a
setback second story and tile roof. The structure is well articulated and not just a wall of stucco.
• Reported that the Filices have offered skylights to the neighbor on the north to offset impacts.
Mr. Brian Rosevear, 20283 La Paloma Avenue, Saratoga:
• Said that he resides across the street and up one house.
• Expressed the support of both he and his wife.
• Stated that this home fits into the neighborhood and is good for the neighborhood.
Acting Chair Nagpal closed the Public Hearing for Agenda Item No. 2.
Commissioner Hunter said that she would like to hear comments from the Commissioners who were
able to make the site visit.
Commissioner Zutshi said that Ms. Mason has some valid points in that some sky view would be
obscured from her kitchen. Reminded that the Filices had offered skylights.
Director Tom Sullivan corrected that the skylights were offered to the home on the north while Ms.
Mason is on the south.
Acting Chair Nagpal re-opened Public Hearing No. 2.
Ms. Nora Mason:
• Stated her agreement that this proposed home is lovely and will add to the neighborhood.
Saratoga Planning Commission Minutes of July 28, 2004 Page 8
• Said that she is not here to oppose the house but just to address her concerns about a loss of sky
view.
• Suggested that some modification could occur so that she doesn’t feel like she lives in a cave.
Acting Chair Nagpal asked Ms. Nora Mason if skylights might address her concerns for sky view and
natural light.
Ms. Nora Mason replied that no matter what happens, she would have to install skylights in her home.
Mr. Mike Filice, Project Applicant and Property Owner, 20288 La Paloma Avenue, Saratoga:
• Said that they have spent the last six months trying to address Ms. Mason’s concerns and proposed
a number of ideas to soften the impacts of their second story and stucco.
• Reported that on January 11, 2004, they met with all their neighbors and Ms. Mason mentioned a
concern regarding loss of light. At that time, he offered to contribute some amount to the
installation of a skylight. The same offer was made to the property owner on the other side.
• Stated that he has resided in Saratoga since 1990 and has owned this property since 1998.
• Said that while they cannot make everyone happy they are trying their best to do so.
• Reminded that many changes have been made to the plans and many letters of support provided.
• Said that he is not sure what else to do.
• Stated that at one time they had considered increasing the setback from 11 feet to 13.
• Said that all these neighbors have to live together as these homes are close together.
• Said that he hopes to stay in this home for a long time.
• Reminded that the project was started in May 2003 and that he is hoping to get the project
approved.
Acting Chair Nagpal asked Mr. Mike Filice if he is willing to adding screening.
Mr. Mike Filice replied absolutely.
Acting Chair Nagpal pointed out that the street tree is missing in front of his property and would he be
willing to replant one there.
Mr. Mike Filice replied that he was happy to do that.
Acting Chair Nagpal re-closed Public Hearing No. 2.
Acting Chair Nagpal:
• Said that this is a difficult decision.
• Stated that she understands where Ms. Mason is coming from and had suggested that removing a
tree might be a solution but Ms. Mason said that was not her preference.
• Cautioned that the Commission cannot mandate installing skylights in other folks’ homes on this
project but can suggest screening.
• Added that while there are no easy solutions, what is being requested here is not unreasonable.
• Stated that the design is nicely done and that with screening she is inclined to approve this request.
Commissioner Hunter:
Saratoga Planning Commission Minutes of July 28, 2004 Page 9
• Agreed that change comes hard and it often happens that neighbors are not happy with what is
happening. This has happened to her too.
• Said that much time has been spent on this and that it is time to move ahead.
• Agreed that requiring skylights for neighbors’ homes is above and beyond.
• Suggested that the project move ahead and get started.
• Said that the design is lovely and it is her hope that the impacts on Ms. Mason will not be as bad as
she images they will be.
Commissioner Schallop:
• Agreed with the previous comments.
• Said that swapping rooms would just trade problems.
• Said that the process has been followed as best as it can and that the applicant has the right to build.
• Suggested a focus on screening.
Commissioner Zutshi pointed out that a large amount of communication has occurred between the
applicant and Ms. Mason and suggested that one cannot satisfy everybody. Said that Ms. Mason should
decide between screening and keeping the tree.
Acting Chair Nagpal reminded that Ms. Mason wants the tree retained. She added that staff would
oversee the issue of screening.
Motion: Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, the
Planning Commission granted Design Review approval to allow the demolition and
reconstruction of a significant portion of an existing residence with a new second
floor and basement on property located at 20288 La Paloma Avenue, subject to the
Community Development Director’s approval of additional screening in the side
yards and additional front curbside landscaping, by the following roll call vote:
AYES: Hunter, Nagpal, Schallop and Zutshi
NOES: None
ABSENT: Garakani, Rodgers and Uhl
ABSTAIN: None
***
DIRECTOR’S ITEMS
Director Tom Sullivan reported the following:
• Reminded the Commission that the meeting of August 11th has been cancelled.
• Advised that Commission would conduct a Study Session on September 22, 2004, to review a
Design Review application on Burns Way.
• Reported that Council would conduct a site visit to Swarthmore next Tuesday at 3 p.m. to evaluate
the Redwood tree the property owner seeks to have removed. The driveway has been removed and
next week the curb and gutter would be removed by the Public Works Department.
Acting Chair Nagpal asked Director Tom Sullivan about the church on Allendale and when it would be
agendized.
Saratoga Planning Commission Minutes of July 28, 2004 Page 10
Director Tom Sullivan replied that the project is not finalized and that a Study Session is proposed prior
to a public hearing.
Commissioner Schallop advised that there is a lot of neighborhood interest in this project.
COMMISSION ITEMS
Commissioner Schallop advised that he would be absent from the August 25th meeting.
COMMUNICATIONS
None
ADJOURNMENT TO NEXT MEETING
Upon motion of Commissioner Hunter, seconded by Commissioner Zutshi, Acting Chair Nagpal
adjourned the meeting at 8:00 p.m. to the next Regular Planning Commission meeting of August 25,
2004, at 7:00 p.m.
MINUTES PREPARED AND SUBMITTED BY:
Corinne A. Shinn, Minutes Clerk