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HomeMy WebLinkAbout02-11-2004 Planning Commission Minutes MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, February 11, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hunter called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Hunter, Garakani, Nagpal, Uhl and Zutshi Absent: Commissioner Schallop Staff: Director Tom Sullivan. Associate Planner John Livingstone and Assistant Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of January 28, 2004. As there was not a quorum available of Commissioners present at the January 28, 2004, meeting, the adoption of the minutes was deferred to the next regular meeting on February 25, 2004. 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 February 5, 2004. REPORT OF APPEAL RIGHTS Chair Hunter 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). AMERICANS WITH DISABILITIES ACT Chair Hunter announced that in compliance with ADA, anyone requiring special assistance in order to participate in this meeting should call the City Clerk 48 hours prior to a meeting to enable the City to make reasonable accommodations to ensure accessibility. Saratoga Planning Commission Minutes of February 11, 2004 Page 2 *** CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #03-187 (517-22-003) – BORELLI, 20200 Hill Avenue: Request for Modification of Building Plans and Development Conditions to change the previously approved new two-story house to a one-story house. Increase the floor area from 6,730 square feet to approximately 7,402 square feet including a three-car garage and a 3,089 square foot basement. The maximum building height of the residence will be reduced from 26 feet to approximately 22 feet, 6 inches. The lot size is approximately 77,003 square feet net and the site is zoned R-1-40, 000. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that the applicant is seeking modifications to building plans changing an approved new two-story residence into a one-story residence with an increase in floor area from 6,730 to 7,402 square feet, including a three-car garage and an increase of the basement from 1,700 to approximately 3,000 square feet. • Added that the maximum height would be reduced from a 26 foot high two-story home to a 22 foot, 6 inch one-story home. • Said that a secondary unit would be constructed in the basement area and that a one time 10 percent increase in allowable floor area is being allowed with the deed restriction so that the second unit would only be rented out at BMR rates. • Informed that while this increase also allows the Community Development Director the authority to waive garage space for the BMR unit, Director Sullivan has denied that option and is requiring the third garage space for this home. • Stated that the originally proposed horizontal siding is being replaced with stucco with a stone veneer. There will be dark green trim around the windows and a slate tile roof. This is a large lot and the home will be centered on the lot. The project meets design guidelines and exceeds minimum setbacks. • Advised that the project will include the replanting of 100 trees and that the structure will integrate with the environment, provide a minimum perception of bulk and create no privacy impacts. • Reported that of the 100 trees on site, 68 are protected. Originally, it was proposed that 14 trees be removed. With this modified proposal six additional trees will need to be removal or a total of 20. The Arborist is recommending replacement trees. The applicant is proposing six 48-inch box trees, 15 36-inch box trees, one 24-inch box tree and 9 15-gallon trees. Additionally, the applicant is proposing to plant 85 Toyons, which can be either bush or tree form. • Explained that Tree #73, a 26-inch Coast Live Oak, was rated as being in excellent condition and health and specific conditions were imposed to protect that tree, which the applicant has been doing. The required measures have been taken. At this time, the applicant is now asking that Tree #73 be permitted for removal. The Arborist agrees that the tree’s health and stability would be impacted by construction. However, staff is recommending the retention of Tree #73, which is a gorgeous tree. Saratoga Planning Commission Minutes of February 11, 2004 Page 3 • Pointed out that one letter has been distributed this evening in support of the project. One phone call was received in opposition and that person had said he would attend the hearing. • Stated that the proposal is consistent with the General Plan and recommended approval. Commissioner Zutshi asked staff to elaborate on the second unit. Director Tom Sullivan said that the applicant will be under no obligation to rent out his second unit but a deed restriction would be filed that states that if the unit is to be rented, it would have to be rented out as a BMR (below market rate) unit. Commissioner Barry explained that this is a part of the City’s Housing plan to meet its State-mandated housing stock. Director Tom Sullivan concurred and agreed that it is a part of the Housing Element. Commissioner Barry asked if this is an enticement. Director Tom Sullivan replied yes. Commissioner Garakani pointed out that the basement is already being formed and questioned whether it is currently at 1,700 or 3,000 square feet. Associate Planner John Livingstone advised that the applicant had increased the basement beyond the approved 1,700 square feet without permits. A Stop Work order is currently in place and work cannot be continued on site until this issue is resolved. Commissioner Barry asked if there is a kitchen incorporated into the second unit and questioned whether a kitchen must be included in order to count that unit as a BRM unit. Director Tom Sullivan replied that a kitchen must be included to count as a BMR unit and pointed to the second unit’s kitchen location on the project plans. Commissioner Barry asked if the applicant is willing to give up all living space in the basement if the second unit is ever rented out. Director Tom Sullivan replied yes. Commissioner Nagpal said she had two questions. First, is the person who wrote the letter a neighbor to the project. Second, is there a more recent evaluation of Tree #73, which the Arborist had previously noted as exceptional, that was done after the cuts for the basement were completed. Associate Planner John Livingstone said that there have been two arborists monitoring the site, the City’s Arborist and a Project Arborist. There have been no negative reports of adverse impacts on the trees. Commissioner Nagpal asked if special permits are required to expand the basement from 1,700 to 3,000. Saratoga Planning Commission Minutes of February 11, 2004 Page 4 Director Tom Sullivan replied that both Planning and Building permits are required prior to enlarging an approved plan. Commissioner Nagpal asked if the whole 3,000 square foot basement is now framed. Associate Planner John Livingstone replied yes. Commissioner Garakani asked if there is any penalty for doing the work improperly and added that the extra basement space would have to be refilled in the event the Commission does not approve the expansion to 3,000 square feet. Associate Planner John Livingstone replied yes. Commissioner Barry pointed out her observance of copper on the color board and pointed out that copper is not mentioned in the staff report. Associate Planner John Livingstone replied that copper was previously approved for the gutters and dormer. Chair Hunter asked if the 10 percent extra square footage is on the first floor. Associate Planner John Livingstone replied correct. Commissioner Uhl asked why basement space is not counted in site grading. Associate Planner John Livingstone replied that this is simply the way the Code reads to not count basement space or pools. Chair Hunter opened the Public Hearing for Agenda Item No. 1. Mr. Toby Long, Project Architect: • Thanked the Commission for the opportunity to introduce their proposed changes. • Reported that he started working with the Borellis about six to eight months ago. • Said that it became clear that the second story created issues regarding future accessibility. The Borellis plan to stay in this home for a long time. • Explained that the new wing will house the two bedrooms that would have been upstairs. • Added that he has reduced the house height by four feet by going from a two to a one-story home. Commissioner Garakani asked Mr. Long to point out the new space. Mr. Toby Long: • Showed an exhibit that delineated the original footprint and the new first floor space in different colors. • Said that he has worked to maintain the integrity and architecture of the previous approved project, maintaining many of the details, exterior palette of materials but with the change to stucco from the wood siding. • Said that stucco is more fire safe. • Displayed a second exhibit, a color rendering comparing the one and two-story structures. Saratoga Planning Commission Minutes of February 11, 2004 Page 5 • Stated that the one-story offers a significant reduction in massing. • Showed a third exhibit that demonstrates the elevations. • Offered a fourth exhibit that shows the plans for new trees on site, including 85 voluntarily planted trees. Commissioner Uhl thanked Mr. Long for his great and complete presentation. Pointed out that Tree #73 is exceptional and asked why not continue to work around that tree. Mr. Toby Long: • Explained that it was previously understood that it would be an ambitious exercise to retain that tree. • Added that problems have arisen since construction began but not as a result of the changes proposed this evening. • Said that the structural integrity and health of the tree may have been compromised. However, there have been no exposed roots and the tree’s roots seem to be deep. • Advised that they have worked diligently to preserve this tree. Commissioner Zutshi suggested that the applicant wait to remove this tree. Chair Hunter advised that the Commission would vote on this issue. Commissioner Barry asked whether there are plans to remove Tree #73 immediately if the request for removal is approved or if they plan to wait and see if the tree survives through the construction process. Mr. Borelli, Project Applicant and Property Owner, 20200 Hill Avenue, Saratoga: • Assured that he hopes to keep this tree and has no objection to doing so. • Reminded that they have not removed many trees and that he did not buy this property to tear down trees. Rather, he bought the property because of the trees. • Said he has no desire to take this tree down and is surprised it has not been more damaged. • Stated that they may actually be able to keep it. Commissioner Garakani asked when the plan to add 1,300 square feet of basement space was decided upon without proper permits. Mr. Borelli: • Said that with the one-story structure they will need mechanical rooms at both ends of the house, including one under the garage area. • Added that he had spoken to Planner John Livingstone in September as well as the Building Department regarding this possibility. • Reminded that the added basement does not represent a change in the footprint. • Said that he is aware that if he does not receive approval for the expanded basement this evening he will have to fill that portion back in. • Said that he has worked on this project for three years and wanted to get on the agenda in December but was unable to do so. • Said that as it is going, it will be another two years before he can move into his new home. • Stated that he is not getting any younger and that both he and his wife are retired. They want to have as much time with this house as possible. Saratoga Planning Commission Minutes of February 11, 2004 Page 6 • Agreed that if they did wrong, it was wrong. Mr. Robert Zager, 20292 Calle Montalvo, Saratoga: • Said he is in opposition to the removal of Tree #73. • Pointed out that the Tree Ordinance protects trees and that there are no criteria to support the removal of this tree. • Said that there is very little room for error regarding Tree #73 and that the existing approved plan allows for non-encroachment on that tree. Chair Hunter told Mr. Zager that she appreciates hearing quotations from the City’s new Tree Ordinance. Mr. Robert Zager: • Replied that lots of work went into the development of the Tree Ordinance and that he was very involved in the process. • Said that this is a large house on a large lot. They are retaining lots of trees. • Said that he is also concerned about retention of Trees #4, 67-69, 73-75 and 82. Director Tom Sullivan pointed out that the City’s current Arborist did an update for this application and that the former Arborist did the original report. Mr. Doug Anderson, Project Arborist: • Said that the spirit behind their Tree Removal Permit request is to protect the neighbors in the event that the tree suddenly needs to be removed. • Said that they plan to continue to do everything possible to protect the tree but that it would be nice to have an existing permit on hand in case removal is required later on. • Assured that they are working hard to retain this tree. • Said that all trees considered to be possibly impacted by construction are still currently in excellent conditions. • Stated that Tree #73 would only be removed in a worse case scenario. Commissioner Garakani pointed out that the extra 10 percent bonus in square footage is now causing the tree to be more endangered. Mr. Doug Anderson said that tree retention is a dynamic process and that there is really no way to know if roots are underneath until excavation occurs. Commissioner Nagpal asked if there is a bond on this project. Associate Planner John Livingstone replied yes. Commissioner Nagpal asked what the ramifications are should the tree be affected. Associate Planner John Livingstone replied that the bond would be applied to the replacement. Director Tom Sullivan advised that prior to issuance of occupancy and release of utilities, the Building, Planning staff and City Arborist do a final inspection before releasing bonds. Saratoga Planning Commission Minutes of February 11, 2004 Page 7 Commissioner Barry suggested crafting conditions in the event that no Tree Removal Permit is granted. Commissioner Uhl said that there are a lot of good things with this project change and that they changes are not directly impacting Tree #73 any further. Mr. Doug Anderson reminded that there were concerns about Tree #73 even with the original approval. Chair Hunter asked about where additional excavation would be. Commissioner Uhl asked why a crawl space would need to be near this tree. Mr. Toby Long said that it would not be located closer to the tree. Commissioner Garakani pointed out that the crawl space is under the existing footprint. Commissioner Uhl asked why this changes anything from before relative to Tree #73. Mr. Toby Long replied it doesn’t. Commissioner Nagpal asked why then is the possible removal of Tree #73 up for discussion. Mr. Toby Long replied that Tree #73 is a separate issue from the modifications to the building plans. Challenges to Tree #73 are a result of slope and cut for the excavation of the basement that encroached into the canopy. Commissioner Uhl pointed out that this was already approved before. Mr. Toby Long said that they want to be able to remove Tree #73 if it becomes jeopardized. Mr. Borelli added that the proposed addition is no closer to the tree and that the crawl space mentioned was approved with the original plan. Mr. Doug McCuen, Project Builder: • Announced that the decision to expand the basement prior to obtaining proper permits was his and he is responsible for that action. • Said that he had believed this issue would not require additional Planning Commission review. • Assured that the dirt excavated for the basement is still on the property and could be put back in place if the expansion request for the basement is not granted. • Apologized for his actions and reported that the project is stopped right now. Commissioner Barry offered her appreciation to Mr. McCuen for owning up to his responsibility. Chair Hunter closed the Public Hearing for Agenda Item No. 1. Commissioner Zutshi: • Said that Mr. Borelli is serious about his trees and will do everything to save them. Saratoga Planning Commission Minutes of February 11, 2004 Page 8 • Stated that right now the trees on site appear to be in good condition and that they appear to be doing everything right to preserve the trees. • Agreed that the proposed house is large. Commissioner Nagpal asked what the process would be if the Commission elects not to allow the removal of Tree #73. Director Tom Sullivan replied that if something happens to the tree prior to final, they can apply for a Tree Removal Permit with proper public notice going out to surrounding property owners. The permit would be issued based upon a substantiating Arborist report. This process is faster than design review. Commissioner Nagpal said that the site is large and has many trees. She is in favor of going with the staff recommendation to retain Tree #73 and hope for the best. Commissioner Barry: • Thanked the architect for his presentation. • Agreed that a one-story home is much nicer than a two-story home and represents a good design decision that will look very nice, providing a cleaner and more pleasant appearance. • Expressed appreciation for the willingness to accept a deed restriction to help the City meet its Housing obligation. • Explained that the City gets credit for the BMR unit. • Agreed with Commissioner Nagpals’ position to retain Tree #73. • Added that there is a fairly speedy process for Tree Removal Permits if one becomes necessary. • Said that she is against decorative copper as it is a toxic metal that should not be widely used but, since this issue was previously approved, she would not object at this time. Commissioner Uhl: • Stated that this is a beautiful project and that this proposal offers nice design changes. • Agreed that a one-story home is better than a two-story home. • Said that he is not sure what can be done if something happens to Tree #73 and that there is no point in conducting an administrative process after. • Said that it is the consensus of the group to protect Tree #73 and there is no point in bringing that issue back. Commissioner Nagpal pointed out that the only reason it would come back to the Commission is if an administrative decision is appealed. Commissioner Uhl asked if the tree is damaged, it simply comes down. Director Tom Sullivan replied that it depends upon the extent of damage. Appropriate action is determined by the Arborist. Commissioner Garakani: • Said that there are ways to protect trees and bonds to insure them. The owner is committed to do whatever is necessary to preserve his trees. • Said that he was also concerned about other trees proposed for removal and that he does not see a reason for their removal as they serve as screening trees. Saratoga Planning Commission Minutes of February 11, 2004 Page 9 • Stated he did not mind the modification of the residence but he does mind the removal of any additional trees. Commissioner Barry asked why other trees need to be removed if they are not near the house. Associate Planner John Livingstone responded that some are small, not all are protected and they would be replaced with nicer and prettier species. Chair Hunter said that she did not notice any as extraordinary and pointed out that Mr. Borelli is from Carmel, a community equally protective of its trees. Commissioner Garakani expressed support for retention of Trees 73, 74, 75, 68, 67 and 69. Commissioner Nagpal pointed out that the approval for those trees to be removed was already approved previously. Chair Hunter: • Pointed out that no pool is planned for this property. • Added that there are plans for dirt paths through the oaks. • Stated that this is a beautiful house and that she prefers the single-story format. • Said that she is not prepared to remove Tree #73 and agreed that the owner is taking beautiful care of the trees on site. • Advised that they will continue to take such good care especially if there is no pre-approved Tree Removal Permit in their pocket. • Recommended approval of the modifications to the house. Commissioner Garakani restated his support for the retention of Tree #74. Chair Hunter reminded that the applicant is planting 100 new trees. Commissioner Nagpal reminded that the applicant already received approval for the removal of Tree #74. Commissioner Garakani pointed out that with the changes to the house, this can be considered a new project. Director Tom Sullivan cautioned that modifications do not necessarily open up the entire approval. The applicant can go ahead with what was originally approved. Chair Hunter recommended approval of the building plan changes without the removal of Tree #73. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Zutshi, the Planning Commission adopted a Resolution for Application #03-187 to allow Modification of Building Plans and Development Conditions to change the previously approved new two-story house into a one-story house on property located at 20200 Hill Avenue, by the following roll call vote: AYES: Barry, Garakani, Hunter, Nagpal, Uhl and Zutshi NOES: None Saratoga Planning Commission Minutes of February 11, 2004 Page 10 ABSENT: Schallop ABSTAIN: None Mr. Borelli voluntarily agreed to remove Tree #74 from the removal list. *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #04-002 – Rezoning Various Parcels for General Plan Consistency (517-22-004, 517- 20-016, 517-20-021, 517-19-082, 517-19-098, 517-19-084, 517-19-085, 517-18-018, 517-12-020, 517- 12-022, 517-12-021) Various Owners: 20152, 20161 Hill Avenue, 20170 Bonnie Brae, 28010, 28020,28-21, 28011 Audrey Smith Lane; 14931 Vickery Avenue, 20500, 20550, 20568 Lomita Avenue: A Zoning Ordinance amendment is proposed to maintain consistency between the General Plan and the Zoning Ordinance. The above referenced parcels are designated as RLD (Residential Low Density), 2.18 dwelling units per acre in the General Plan. These parcels are currently zoned R-1- 40,000, which requires a minimum lot size of 40,000 square feet. The RDL designation in the General Plan dictates a minimum lot size of 20,000 square feet. Rezoning these parcels to R-1-20,000 will restore consistency with the General Plan. Information regarding the proposed rezoning is available at the Community Development Department at 13777 Fruitvale Avenue. (ANN WELSH) Assistant Planner Ann Welsh presented the staff report as follows: • Recommended that this item be continued to the next meeting on February 25, 2004, as noticing was missed for approximately 12 homes that are impacted by the changes. • Advised that legal noticing is required within 500 feet of a project site. • Added that the proposal is already being properly re-advertised for February 25th. Director Tom Sullivan added that anyone present this evening could elect to testify this evening if they so wish. Commissioner Nagpal asked if this change means that these properties can be subdivided. Director Tom Sullivan said that some could while others cannot. Commissioner Nagpal stressed the importance of noticing neighbors and asked if the only reason behind this action is to achieve consistency between the Zoning and General Plan. Director Tom Sullivan replied correct. He added that it has been Law since the 1970s to have Zoning consistency with the General Plan. Assistant Planner Ann Welsh added that only one property on Hill Avenue appears to be sub-dividable as a result of this change. Commissioner Barry said that she drove around to each property and was concerned about the subdivision issue. Stated that she is reassured that only one property could do so. Assistant Planner Ann Welsh said that she could analyze the possibility of each lot if the Commission so desires. Saratoga Planning Commission Minutes of February 11, 2004 Page 11 Commissioner Barry pointed out that there is really no choice. Achieving consistency has to be done. Commissioner Zutshi asked staff if this is the only area found to be inconsistent. Director Tom Sullivan replied so far. Assistant Planner Ann Welsh said that staff is still looking. Director Tom Sullivan added that there are 12,000 parcels in the City. Chair Hunter asked when the General Plan is reviewed. Director Tom Sullivan replied that there is a specific State-mandated deadline for updating the Housing Element. However, the remainder of the General Plan should be reviewed each year and updated ever five years or so. Chair Hunter opened the Public Hearing for Agenda Item No. 2. Mr. Gary Smith: • Said that he is willing to return for the next meeting. • Stated that his family has title documents from 1957 that show that his parcel could be subdivided. • Added that right now his parcel is Zoned R-1-40,000, which would prevent him from subdividing. • Said that he located the title documents about nine months ago as evidence of his family’s long- standing understanding that their property could be subdivided. • Advised that he wanted to explore their options and approached City staff. • Expressed his appreciation for the diligence of the City staff. • Said that he was unaware of the requirement for conformity between Zoning and the General Plan and that he is glad to learn of that fact. • Assured that if his property is to be subdivided, he would respect all requirements. Commissioner Barry asked if the City could do a General Plan revision and change Zoning. Director Tom Sullivan said that this would require study as part of a larger scope. By State Law, one does not change the General Plan to be consistent with Zoning. This is usually done on a larger scale. Commissioner Barry suggested that the bar be raised. Director Tom Sullivan said that the Commission does not have the authority to increase density. Commissioner Barry asked if the density could be lowered. Director Tom Sullivan replied yes as part of a whole area with a larger view. The R-1-20,000 Zoning is prevalent in this area in question. *** DIRECTOR’S ITEMS Saratoga Planning Commission Minutes of February 11, 2004 Page 12 Director Tom Sullivan reminded the Commission of the upcoming joint meeting with Council on March 17th. Dinner and refreshments will be provided. COMMISSION ITEMS Chair Hunter advised that she attended the Heritage Preservation Commission and stated that John Livingstone is doing a great job with the HPC. She added that the HPC would be applying for a $500,000 grant next week for use in fixing the historic park. Commissioner Uhl advised that he would be in and out of Singapore over the next few months and will miss the March 25th meeting. Chair Hunter advised that she too would be absent from the March 25th meeting. Commissioner Barry reported that she would miss the next meeting on February 25th. COMMUNICATIONS Letter from Mark Weisler ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Garakani, seconded by Commissioner Nagpal, Chair Hunter adjourned the meeting at 8:35 p.m. to the next Regular Planning Commission meeting of February 25, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk