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Minutes - 04-10-13 - PCPlanning Commission Minutes Page 1 April 10, 2013 TOWN OF LOS GATOS PLANNING COMMISSION MEETING ACTION MINUTES TOWN COUNCIL CHAMBERS 110 E. MAIN STREET WEDNESDAY, APRIL 10, 2013 Chair Charles Erekson called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Charles Erekson, Vice Chair Margaret Smith, Commissioner John Bourgeois, Commissioner Kendra Burch, Commissioner Thomas O'Donnell, Commissioner Joanne Talesfore, and Commissioner Marico Sayoc. Absent: None Others: Town Attorney Judith Propp, Principal Planner Joel Paulson, Associate Planner Jennifer Savage, Associate Planner Erin Walters, and Recording Secretary Linda Rowlett. PLEDGE OF ALLEGIANCE Led by Vice Chair Margaret Smith. APPROVAL OF MINUTES OF MARCH 27, 2013 Motion by Commissioner Joanne Talesfore and seconded by Commissioner John Bourgeois to approve meeting minutes of March 27, 2013. Motion carried 7-0. WRITTEN COMMUNICATIONS Chair Charles Erekson noted that there is a desk item for Item #1. REQUESTED CONTINUANCES - NONE Planning Commission Minutes Page 2 April 10, 2013 SUBCOMMITTEE REPORTS General Plan Committee -- Commissioner John Bourgeois reported that the committee met earlier today regarding the Affordable Housing Overlay Zone (AHOZ). It selected the South Bay site, the Bentley site, the Los Gatos Lodge site, and is also considering the Acura site (including the land up to Roberts Road), as a mixed-use affordable residential over commercial. New development standards will be developed for the sites and staff will begin the neighborhood outreach. VERBAL COMMUNICATIONS (AUDIENCE) Maggie Creighton • Commented she is working with a large group of Los Gatos residents who have identified serious land use violations relating to the ongoing existence of the Templar presence in the community. A formal complaint was delivered to the Town offices outlining the specific violations. The violations should not be ignored and the group looks forward to receiving input from the Planning Commission. CONSENT CALENDAR - NONE CONTINUED PUBLIC HEARINGS 1. 128 Yosemite Way - Architecture and Site Application S-12-040. Requesting approval to exceed the floor area ratio (FAR) for an addition and for a grading permit for a single- family residence on property zoned R-1:8. APN 532-36-059. PROPERTY OWNER/APPLICANT: Linus Lundberg. PROJECT PLANNER: Jennifer Savage. Chair Charles Erekson opened the public hearing. Associate Planner Jennifer Savage presented the staff report. Linus Lundberg, Applicant, gave a presentation on the proposed project. Commissioner John Bourgeois • Asked how much grading is needed and if the material is being exported. Linus Lundberg • Commented that 65 cubic yards of grading is required and he specified the areas on the overhead. • Commented that they are not exporting any materials. Commissioner Joanne Talesfore • Asked if there is an opportunity to incorporate the shed into the garage and get it out of the setback. Planning Commission Minutes Page 3 April 10, 2013 Linus Lundberg • Commented that there is no natural location for the shed that will comply with the setback and it will not fit within the garage. It would be much more visible if it was moved to the front of the lot. It is currently not visible from the street. The shed is well built and they prefer not to use the garage for storage. Commissioner Margaret Smith • Asked about Mr. Cannon's comments and if any of his comments were incorporated. • Asked about drainage issues with the hillside. Linus Lundberg • Commented that they have incorporated all of Mr. Cannon's design comments regarding the flat roof, details on drainage, making architecture lines more prominent with trim, a larger recess of the garage, and changing a corner to tie in with the window section. • Commented that there have not been any drainage issues with the hillside and they have not had any water in the crawlspace. The footprint of the house is only slightly changed. The only issues are the water on the flat roof and the garage roof. They will work with engineers to ensure that no water drains onto neighboring properties. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Joanne Talesfore • Asked what percentage of homes that were approved while exceeding the FAR (Floor Area Ratio) is represented in the desk item. Associate Planner Jennifer Savage • Commented that she does not know the exact percentage, but that the desk item is not an exhaustive list. Commissioner Thomas O'Donnell • Commented that this house looks like it will fit in with the neighborhood. • Commented that houses that exceed the FAR are taken on a case by case basis and he believes the information supports this proposal. Commissioner John Bourgeois • Commented that he believes the proposal will be a significant upgrade to the neighborhood and that the architecture of the shed fits with the home and is in the best location. Motion by Commissioner John Bourgeois and seconded by Commissioner Thomas O'Donnell to approve Architecture and Site Application S-12-040 subject to the conditions as noted in Exhibit 3 of the staff report dated April 10, 2013. The required findings were made as noted in Exhibit 2 of the staff report dated April 10, 2013. Motion carried 7-0. Planning Commission Minutes Page 4 April 10, 2013 Principal Planner Joel Paulson recited appeal rights. NEW PUBLIC HEARINGS 2. 204 Prince Street - Architecture and Site Application S-13-017. Requesting approval to construct a second story addition to a single-family residence on property zoned R-1:8. APN 407-32-017. PROPERTY OWNER: Michael & Kristin Hickman. APPLICANT: Robin McCarthy. PROJECT PLANNER: Erin Walters. Chair Charles Erekson opened the public hearing. Associate Planner Erin Walters presented the staff report. Commissioner Joanne Talesfore • Asked about the Evergreen trees. Associate Planner Erin Walters • Commented that the species of Evergreen trees has not yet been defined but it can be worked out with the Town Arborist and the neighbor before issuing the building permit. Commissioner Thomas O'Donnell • Asked if anyone considered moving the second story of the home in consideration of the impact on the neighbor. • Asked why staff believes it is okay to approve this addition while it is in strict violation of immediate neighborhood in the Residential Design Guidelines. • Asked what rooms will be on the second floor. Associate Planner Erin Walters • Commented that moving the second story was discussed with the applicant and his architect but they believe the proposal best suits the needs of the addition. • Commented that staff looked at the immediate neighborhood and identified a house three doors down that could be seen within that streetscape. • Commented that the second story will be a master suite and an office. Commissioner Joanne Talesfore • Asked which elevation shows the windows. Associate Planner Erin Walters • Commented Sheet A-6 (east elevation) shows the bedroom or office and bathroom windows. Mike Hickman, Applicant, gave a presentation on the proposed project. Vice Chair Margaret Smith • Asked about the fireplace size. • Asked if the location of the fireplace is why they decided on this particular design. • Asked about the size of the backyard. Planning Commission Minutes Page 5 April 10, 2013 • Asked about the second story balcony. Mike Hickman • Commented that the fireplace stack is in the center of the home separating the kitchen and family room. • Commented that the fireplace is one reason why the addition is in the present location. They also remodeled their kitchen and front entry two years ago and did not want to redo the entire home. • Commented that he did not know the size of the backyard. • Commented that the balcony is inset rather that protruding, but it is a usable balcony. There is an office and bathroom window on the north side. There is no sight line from the balcony so he did not elaborate on it because it does not seem to be a point of contention. Commissioner Thomas O'Donnell • Commented that he believes they did a great job except for the visibility from the one location and asked what can be done to minimize the impact on Mr. Li's property. Mike Hickman • Commented that there is nothing that can be done with zero impact with what they have to work with. They tried to avoid a towering second floor with large windows. They optimized what they could do with the layout of the lot. Commissioner Kendra Burch • Asked about the elevation difference between his house and the house behind him. • Asked if the applicant would be willing to plant more trees at the neighbor’s request. Mike Hickman • Commented the elevation difference between his house and the house behind him is about six feet. The neighbor in back has no concerns. • Commented that they would be agreeable to plant more trees, but Mr. Li indicated he would prefer no additional trees. Winston Li • Commented that his concerns are lighting, air flow, obstruction of view, privacy, negative impact to his curb appeal, potential increase in operating costs of his home, and potential reduction in property value. • Commented that there is a cast of shadows in the afternoon and it will block his views. His deck is where the shadows will be and this will impact his enjoyment of his yard. • Commented that the balcony protrudes from the wall and provides visual access to the neighbors. • Commented that new structures should blend in with the neighborhood. Commissioner Joanne Talesfore • Commented that the applicant would plant landscape trees. • Asked Mr. Li about the height of the Oleanders in his yard. Planning Commission Minutes Page 6 April 10, 2013 Winston Li • Commented that more trees would give more privacy but he would lose more light. He currently has ample light and three of the largest windows in his house face his backyard. • Commented that the Oleanders almost touch the power lines but he plans on trimming them. If planting is done on his side, he can trim them to add more light. Commissioner John Bourgeois • Asked Mr. Li if there are things that could be done to improve the current design. Winston Li • Commented that he discussed his concerns with Mr. Hickman and asked if he could move the second story addition to the middle or front of his house. A single story expansion would be more acceptable and still allow enough square footage for an expansion. • Referenced a one-story home at 208 Prince Street that has a similar layout and more square footage than the proposed home. • Commented he has a petition form with signatures from two neighbors on Newville Drive who oppose the addition. Betsy Strong • Commented she lives on Prince Street next to the proposed addition. She has lived there for 20 years and believes they would be more impacted by the addition than the other neighbors and they are in full support of the addition. They do not believe that privacy will be a problem. • Commented that the remodels in the neighborhood have improved home values. • Commented that she has used this contractor and that he is respectful of the community. • Commented that the lots are very large in the neighborhood. Vice Chair Margaret Smith • Asked Ms. Strong about their addition. Betsy Strong • Commented that they widened their home, moved the side entrance to the front, and moved the garage over a little bit. Mike Hickman • Commented that the shadow study shows no impact on Mr. Li's structure. The bushes in Mr. Li's yard have more of an impact on his house than the proposed addition. • Commented that trimming the Oleanders to fence height would allow more light into Mr. Li's yard. • Commented that the balcony comes out only one foot. They would only see the roof of Mr. Li's home if they stretch way out from the balcony. • Complimented the design at 208 Prince Street, but that design would mean a complete redo of a kitchen that was recently remodeled. The two-story addition was the best alternative. Planning Commission Minutes Page 7 April 10, 2013 Commissioner Marico Sayoc • Commented that the design is well incorporated onto Prince Street. • Asked why the second story is set in the back. Mike Hickman • Commented that the fireplace location and the newly remodeled kitchen preclude them from moving the second story forward. It would also affect the entry and the staircase. Structural concerns were identified with having the addition on the front of the house. The design is consistent with the other homes and with the existing structure. Commissioner Thomas O'Donnell • Confirmed that the reason for doing a second story addition is to avoid redoing the kitchen. • Asked what the current master bedroom will be used for with this new addition. Mike Hickman • Commented that the primary reason for the second story addition is to avoid moving the kitchen. He did not anticipate that a second story would be a problem since there are other two-story homes in the area. • Commented that the current master bedroom would be used as a child's bedroom in the short term; a bedroom for aging parents in the long term. Commissioner Joanne Talesfore • Asked about landscaping in relation to the power lines. • Asked if they considered moving the office downstairs to lessen the impact of a daunting wall. • Asked if they considered a belly band. • Asked if they could move the office downstairs. Mike Hickman • Commented the trees were considered from a design perspective and as a concession for privacy issues. He is open to accommodating the neighbor's preference. • Commented that it would be optimal to build the addition in the center of the house but structurally it is easier to reinforce the foundation and put structural siding on the existing walls. • Commented that his architect commented that they would have a belly band. • Commented that they can do without an office but he is not sure what that would gain. Commissioner Thomas O'Donnell • Asked if they could build 70 percent of the addition to lessen the impact on the neighbor. Mike Hickman • Commented that Mr. Li indicated that nothing short of a one-story addition would be acceptable. Planning Commission Minutes Page 8 April 10, 2013 Commissioner Kendra Burch • Asked if the second story could be shifted forward a few feet. Mike Hickman • Commented that they worked with a structural engineer from the beginning and that shifting the second story forward would impact the family room structural wall. They would need a completely different solution if they moved it forward. They tried to find a one-story solution but were not successful. Chair Charles Erekson closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Thomas O'Donnell • Commented that this is basically a single story neighborhood. The lot is also six feet higher than the neighbor below. Apparently, the main reason for not doing a one-story addition is that the applicant does not want to redo the kitchen. • Commented that this second story changes the character of the neighborhood. Commissioner Joanne Talesfore • Commented that she agrees with Commissioner O'Donnell and believes that the application merits another look to come to a better resolution. She would propose that it go back for a redesign. She does not believe that trees will solve the problem. Commissioner Marico Sayoc • Commented that she feels for the applicant because it is a good design, but they are hindered by the slope in regard to the neighbors. The Residential Design Guidelines clearly define a neighborhood for compatibility. • Commented that she believes a redesign is in order. Vice Chair Margaret Smith • Commented that she feels conflicted because from the front of the home, the addition may be able to be moved forward slightly but that may not solve the problem. • Commented that it appears that a second story may be rejected by the Commission. She does not object to a second story in this neighborhood. As the older homes are renovated, there will be more of them. • Commented that she believes a redesign is beneficial since there is no resolution to the problem. Commissioner Thomas O'Donnell • Commented that he is troubled by adding second stories to a single story neighborhood in light of the Residential Design Guidelines. He has not heard any testimony for an exception to the Guidelines. Vice Chair Margaret Smith • Commented that Commissioner O'Donnell's comments are well taken, but she is taking into consideration that there are four two-story homes down the street. Planning Commission Minutes Page 9 April 10, 2013 Commissioner Joanne Talesfore • Commented that she is sympathetic with both parties and believes that it is possible to come up with a good solution. Motion by Commissioner Joanne Talesfore and seconded by Commissioner Kendra Burch to continue Architecture and Site Application S-13-017 to May 8, 2013, for a redesign to consider the impact to the neighbor and to consider the character of the neighborhood and immediate neighbors. Commissioner John Bourgeois • Confirmed that the maker of the motion does not want to include a designation for a one- or two-story redesign. Commissioner Joanne Talesfore • Commented that she is leaving it open in case there is an option for a second story that would not have the visual impact from Newville Drive. She does not want to stifle creativity. Commissioner John Bourgeois • Commented that he is sympathetic to the homeowners, but there are very clear guidelines and he would have a lot of trouble approving a two-story house on this parcel unless it is extraordinarily designed. Commissioner Thomas O'Donnell • Referenced the homes on Union Avenue where it was not obvious that one was a two-story home. Other than that, his personal feeling is that the guidelines need to be observed, or he would need a very strong showing of why it should be an exception to the guidelines. Commissioner Joanne Talesfore • Commented that she should have said in her motion that a redesign should be in accordance with the Residential Design Guidelines. Motion carried 7-0. NEW OTHER BUSINESS 3. Report from Director of Community Development a. Principal Planner Joel Paulson reported that on April 2, the Development Review Committee (DRC) approved the demolition of an existing house and construction of a new house on 218 Tourney Loop Road and approved a one-year time extension for 248 Jared Lane. Plans for both of these projects are available in the Community Development Department. Planning Commission Minutes Page 10 April 10, 2013 4. Commission Matters a. Commissioner Joanne Talesfore commented that the exception to the FAR on Item #1 was acceptable and wonders if the guidelines need to be revisited to enable staff to consider these applications. It seems that the Commission has looked at a lot of FAR overages in the past few years. Commissioner Thomas O'Donnell commented that he believes that the exception to the FAR was handled properly on Item #1 tonight. He also believes that it is a good idea to refer guideline exceptions to the Commission. ADJOURNMENT Meeting was adjourned at 8:37 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, April 10, 2013 ___________________________________________ Charles Erekson, Chair APPROVED AS TO FORM AND ATTEST: _____________________________ Joel Paulson Principal Planner