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Modification to Site - 2003 MEMORANDUM To: Tim Haley A ociate Planner, Comm. Development Dept. Date: From: Subject: Appeal of PC decision denying the application ofMr. Roy Divittorrio for a Modification to a Site and Architectural Permit (PLN 2003-145) - 1512 Walnut Drive At the regular meeting of February 3, 2004, the City Council held a public hearing to consider an Appeal by Mr. Roy Divittorio of a Planning Commission decision denying a Modification to a Site and Architectural Permit (PLN 2003-145) to change the approved roof design of a single family residence on property located at 1512 Walnut Drive in a R- 1-10 (Single-Family Residential) Zoning District. After hearing public testimony and following City Council deliberation, the City Council took the following action: 1. Adopted Resolution No. 10287 upholding Mr. Divittorio's Appeal and overturning the Planning Commission decision to deny a Modification to Site and Architectural Permit (PLN 2003-145) to change the approved roof design of a single- family residence on property owned by Roy and Adrienne Divitorio located at 1512 Walnut Drive in an R-I-10 (Single-Family Residential) Zoning District, subject to the attached findings A copy of this Resolution is attached for your records, together with a copy of the letter written to Mr. Divittorio in follow up to the City Council's action. February 4, 2004 Mr, Roy Divittorio 1512 Walnut Drive Campbell, CA 95008 Dear Mr. Divittorio: At the regular meeting of February 3, 2004, the Campbell City Council held a public hearing to consider your Appeal of a Planning Commission decision denying your application for a Modification to a Site and Architectural Permit (PLN 2003-145) to change the approved roof design of a single family residence on property located at 1512 Walnut Drive in a R-1-10 (Single-Family Residential) Zoning District. After hearing public testimony, and following City Council deliberation and discussion, the Campbell City Council took the following action: 1. Adopted Resolution No. 10287 upholding your Appeal, overturning the Planning Commission decision to deny a Modification (PLN 2003-145) to change the approved roof design of a single-family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-1-10 (Single-Family Residential) Zoning District, subject to the attached findings and conditions of approval, A certified copy of this Resolution is enclosed for your records. Continued "" 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TOO 408.866.2790 Page 2 - continued Please do not hesitate to contact this office (866-2117) or Tim Haley, Associate Planner, Community Development Department, should you have any questions in regard to the City Council's action. Sincerely, tl~ Anne Bybee City Clerk Ene. cc, Tim Haley, Associate Planner, Community Development Department RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION DECISION TO DENY A MODIFICATION (PLN2003-45) TO CHANGE THE APPROVED ROOF DESIGN OF A SINGLE-FAMILY RESIDENCE ON PROPERTY OWNED BY ROY AND ADRIENNE DIVITTORIO LOCATED AT 1512 WALNUT DRIVE IN AN R-1-1O (SINGLE FAMlL Y RESIDENTIAL) ZONING DISTRICT. APPEAL OF MR. ROY DIVITTORIO. FILE NO. PLN2003- 45. 10287 After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2003-45. 1. The proposed residential project is consistent with the R-1-1O (Single-Family Residential, 10,000 square foot minimum lot size) Zoning District, as required per the Zoning Ordinance and the San Tomas Area Neighborhood Plan. 2. The density of the proposed project site is 2.6 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 3.5 units per gross acre.) 3. The proposed roof changes are well designed and are architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with the San Tomas Area Neighborhood Plan. 5. The completed project would consist of a 5,305.6 square foot residence with a building coverage of 31 % and a floor area ratio of 0.39. 6. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. City Council Resolution PLN2003-45 -1512 Walnut Drive Granting Appeal and Overturning PC Denial of Modification to Site and Architectural Review Permit Page 2 3. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council grants an appeal and overturns the Planning Commission decision to deny a Modification (PLN2003-45) to change the approved roof design of a single-family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. CO~TYDEVELOPMENTDEPARTMENT Plannin2 Division 1. Proiect Approval: Approval is granted for a Modification (PLN2003-145) to a previously approved Site and Architectural Review Permit (PLN2001-133) to change the approved roof design of a single-family residence located at 1512 Walnut Drive. The project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein: Project plans prepared by Design Tech Associates and received by the Planning Division on December 3, 2003. 2. Previous Approval: The project shall comply with all conditions of approval of the original Site and Architectural Review Permit (pLN2001-133). a. Buildin2 Division 3. Permits Required: Revised building permit plans shall be provided for the revised roof design. 4. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. City Council Resolution PLN2003-45 -1512 Walnut Drive Granting Appeal and Overturning PC Denial of Modification to Site and Architectural Review Permit Page 3 PASSED AND ADOPTED this 3rd call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: IL~ Anne Bybee, City Clerk day of , 2004, by the following roll February Furtado, Watson, Dean, Burr Kennedy None None APPROVEn:=---T~. ~ " Donald R. Burr, Mayor me: rontGomG INSTRUgËm' tS A TRUW AND CORRECT COpy OF THE ORIßtNAL ON FILE IN 1d:C 01'1',0.<;:.. 6r. Út,.k.. :J PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 7. Appeal of Planning Commission decision regarding the Application of Mr. Roy Divittorio for a Modification (pLN2003-145) to a previously approved Site and Architectural Review Permit to change the approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-1-10 (Single Family Residential) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider the Appeal of the Planning Commission decision regarding the Application of Mr. Roy Divittorio for a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit to change the approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-1-1O (Single Family Residential) Zoning District. Senior Planner Bradley - Staff Report dated February 3, 2004. Mayor Burr declared the public hearing open and asked if anyone in the audience wished to be heard. Audrey Kiehtreiber, 1509 Walnut Drive, Campbell, appeared before the City Council and spoke in opposition to the Appeal. Meg Stein, 1203 Hazel A venue, Campbell, appeared before the City Council and referred to applicable sections of the San Tomas Neighborhood Association guidelines with regard to this Appeal. Adrienne Divittorio, 1512 Walnut Drive, Campbell, appeared before the City Council and spoke in support of the Appeal. Janet Rinck, 661 W. Parr Avenue, Campbell, appeared before the City Council and spoke in opposition to the Appeal. Greg Munn, Design Tech Associates, appeared before the City Council and spoke in support of the Appeal. Doug Clark, 785 W. Parr Avenue, Campbell, appeared before the City Council and spoke in support of the Appeal. Analise Wrightson, 1570 Walnut Drive, Campbell, appeared before the City Council and spoke in opposition to the Appeal. Ellen Dorsa, 1593 Walnut Drive, Campbell, appeared before the City Council and spoke in opposition to the Appeal. Minutes of 2/3/04 City Council Meeting 4 Roy Divittorio, 1512 Walnut Drive, Campbell, appeared before the City Council and spoke in support of the Appea1. Peter Kiehtreiber, 1509 Walnut Drive, Campbell, appeared before the City Council and spoke in opposition to the Appeal. Lisa Hereford, 1295 Walnut Drive, Campbell, appeared before the City Council and spoke in support of the Appeal. David Lee 1495 Walnut Drive, Campbell, appeared before the City Council and spoke in support of the Appeal. There being no one else wishing to speak, Mayor Burr closed the public hearing. Following discussion, M/S: Dean/Furtado - that the City Council adopt Resolution 10287 granting an Appeal and overturning the Planning Commission decision to deny a Modification (pLN2003-145) to change the approved roof design of a single- family residence on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-1-10 (Single Family Residential) Zoning District. Motion adopted by the following roll call vote: AYES: Councilmembers: Furtado, Watson, Dean, Burr NOES: Councilmembers: Kennedy UNFINISHED BUSINESS There were no agendized items, NEW BUSINESS 9. General Fund FY 03/04 Mid-Year Update Finance Director Conner - Staff Report dated February 3, 2004. M/S: Kennedy/Furtado - that the City Council acknowledge and file the General Fund mid-year update for FY 03/04 and direct staff to prepare the necessary budget adjustments as recommended within the report. Motion adopted unanimously. Minutes of 213/04 City Council Meeting 5 CO,^~' Y~~f'Av-S Y ~'"j'Q ( \-\L~~r 'RECEIVED FEB 0 320M C\T~ClERt<:S. Off\CE Hal Carrol 1395 Walnut Drive Campbell, CA 95008 408-370-3142 phone TO: City Council Members Phone: 3 408-866-2140 PAGES: DATE: 2/3/04 COMMENTS: Fax: 408-374-6889 City Of Campbell City Council Members 70 N. First Street Campbell, CA 95008 Fax: 408-374-6889 2/3/04 To: Mayor: Vice Mayor: Council Members: The City Council of the City of Campbell Donald R. Burr J anc P. Kennedy Matthew Dean, Daniel Furtado, Jeanette Watson Subject: 1512 Walnut Drive, Appeal of Planning Decision, PLN2003-145 Please see the letter which follows. From: Subject: Hal Carroll City Council Meeting tonight RE: PLN 2003-145 To: Mayor: Vice Mayor: Council Members: The City COtUlcil of the City of Campbell Donald R. BUtT Jane P. Kennedy . Matthew Dean, Daniel Furtado, Jeanette Watson Subject: 1512 Walnut Drive, Appeal of Planning Decision, PLN2003-145 February 3, 2004 City Of Campbell City CouncH Members 70 N. First Street Campbell. CA 95008 Hello, My name is Hal Carroll and my wife, Joanne, and our family are 20 year residents ofCarnpbell. We have lived at 1395 Walnut Drive for the past 6 years. We are writing you to express our opinion of the building variance(s) appeal before you on tonight's agenda regarding the new home being huilt at 1512 Walnut Drive. As you may know, Walnut Drive is located in an older and established neighborhood, with guidelines for home design established by the STNA to preserve our rural community heritage. These guidelines are publicly available to all who desire to become a part of the community and improve - or build new - homes located within me Association area. But there's something special about Walnut Drive that you can't see from the street or in the city eodes - our sense of community and what our rural roots mean to us. A few examples: approximately 1/2 of the residents of me street have keys to one another's home so that we may take care of the hornes,families and pets of each other in times of need. Additionally, many of us have fruit trees that we harvest as a group and then have neighborhood cooking and canning events to share our harvest amongst ourselves and our friends; also, it's vcry common to have one or two monthly events in our homes, just to stay in touch with one another and be part of the community. Clearly, we are not me norm in Silicon Valley and~ truthfully, wc like it that way. So when someone buys a property in our neighborhood to tear it down and build their dream homc, we respect their right to live in a home that they love, but we expect them to respect the basic tenets expressed - and that we subscribe to - in the STNA guidelines. All this said, we ask that you reject this appeal for the following reasons: 1. Two years ago Divinorio Construction applied for and received approval to build this house. At this time the City of Campbell Planning Commission imposed certain modifications of the roof lines in order to MINIMIZE the large appearance of the home. Not a single square inch of internal space or room design was changed, just the APPEARANCE of the external rooflines. This was done, by the way, after active participation by several Walnut neighbors and STNA members. 2. Divitonio Construction AGREED to these changes, and DID NOT appeal to the City Council. 3. Divitonio Construction then proceeded to BUILD the home with their ORIGINAL roof line design over the door and framed in the gable roof over the garage, and THEN applied for a change order request with the Campbell Planning Commission. We reject this obvious lack of respect for the City. it's processes, employees and the STNA, as well as the Walnut Drive residents, 4. The Campbell Planning Commission denied their approval of the changes, listing as one of their reasons the fact that 2 years ago Divittorio Construction accepted their original decision. 5. Divitorrio ConstrUction has noW appealed this decision, tWice rendered by the Campbell Plarming Commission. 6. We believe the abandonmeI\t oftheir oil-leaking vehicle on the street ~ finally being tagged for towing by the city - is further example of their lack of understanding and respect for the neighborhood values and basic common courtesy to one another. Again, we ask that you reject this appeal and that the home be completed as approved by the City of Campbell PI arming Commission. I realize I may have gotten 111ittle off-topic with my comments about our neighborhood, but having said that, I believe it's important to understand what makes our neighborhood what it is. Thank you in advance for your time and efforts on the behalf of all Campbell residents. / í Bit'!) <>CI'atds G~. .~ .' I J.....-" J Hal ÔUTOl1---' 1395 Walnut Drive Campbell, CA 95008 ITEM NO: CATEGORY: MEETING DATE: 8. Public Hearing February 3, 2004 TITLE Appeal of a Planning Commission decision denying the application of Mr. Roy Divittorio for a Modification to a Site and Architectural Permit (PLN2003-145) to change the approved roof design of a single family residence on property located at 1512 Walnut Drive in a R-1-10 (Single-Family Residential) Zoning District. CITY COUNCIL ACTION The City Council may take one of the following actions: 1. Adopt a Resolution, incorporating the attached findings, approving an appeal and overturning the Planning Commission denial of a Modification to Site and Architectural Permit (PLN2003-145) and find that the project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the conversion of small structures; or 2. Adopt a Resolution, incorporating the attached findings, denying an appeal and upholding the Planning Commission denial of a Site and Architectural Permit (PLN2003-l45) and find that the project is Categorically Exempt under Section 15303, Class 3 of the California Environmental Quality Act (CEQA) pertaining to the conversion of small structures; or 3. Continue the item for additional information or refer the project back to the Planning Commission. BACKGROUND The Planning Commission approved a Site and Architectural Review Permit for the home under construction on the project site on May 14, 2002. This project was continued from the prior meeting of April 9, 2002 to allow the applicant tirne to revise the project plans to incorporate suggestions made at the public hearing from the Planning Commission, Planning Staff and the neighborhood. The comments that were made at the public hearing were in regard to the massing of the second floor and the compatibility of the proposed residence with the surrounding neighborhood. The applicant revised the plans to incorporate hipped roof forms on the second floor, the removal of the vertical wall plane over the left part of the residence and replacement with a dormer and new porch pillars. These changes are illustrated on the Attachment No.8 (Elevation Comparison). City Council Report - February 3, 2004 Appeal ofPLN2003-45 - 1512 Walnut Drive Page 2 Mr. Divittorio has completely framed and sided the residence consistent with the approved plans except for the construction of a gable roof over the entry. He additionally has temporarily framed the outline of a gable roof over the garage to depict the massing of the requested roof change. The Planning Commission, at its meeting of January 13,2004, considered a Modification request (PLN2003-l45) to the previously approved Site and Architectural Review Permit (pLN200l- 133) to change two roof forms on the front elevation of the single-family residence from hipped roofs to gable roofs. One of the roofs is on the second story and is directly above the front door and the other roof is over the garage. At the meeting five neighbors spoke in opposition to the project and the applicant/appellant spoke in support of the proposed roof change. The main objections raised at the public hearing dealt with the visual massiveness of the residence and that the proposed roof changes accentuated the size of the residence. (see Attachment No.5 - Minutes). Planning Commission Meeting: At its meeting of January 13, 2004, the Planning Commission adopted Resolution No.3534 denying a Modification to a Site and Architectural Permit to allow roof modifications to a previously approved single family residence on property located at 1512 Walnut Drive by a 3-2 vote, with two Commissioners absent. (see Attachment No. 4- Resolution). Planning Division staff recommended that the Planning Commission deny the application due to a lack of consistency with the intent of the San Tomas Neighborhood Area Plan (see Attachment No.3 - Staff Report) Appeal: On January 14, 2004, the City Clerk received a letter of appeal from Mr. Roy DiVittorio, the property owner and applicant, appealing the Planning Commission's decision to deny the Modification to the Site and Architectural Permit (pLN2003-145). Mr. DiVittorio's letter of appeal outlines the following reasons for the appeal: 1. The Planning Commissioners did not have an opportunity to meet with the applicant at the site. 2. The change in the roof design results in a more balanced elevation that is aesthetically correct. 3. The change from a hipped to gable roof design does not make the house look much bigger in size. A copy of the applicant's appeal letter is attached (see Attachment No.6 - Letter). AL TERNA TIVES The alternative actions the City Council may take are listed on page one under "City Council Action. " FISCAL IMPACTS None. City Council Report - February 3, 2004 Appeal ofPLN2003-45 -1512 Walnut Drive Page 3 Attachments: 1. Draft City Council Resolution approving an appeal and overturning the Planning Commission denial of a Modification to a Site and Architectural Permit (PLN2003-l45). 2. Draft City Council Resolution denying an appeal and upholding the Planning Commission denial of a Site and Architectural Permit (PLN2003-l45). 3. Planning Commission Staff Report of January 13, 2004. 4. Planning Commission Resolution No. 3534. 5. Planning Commission Meeting Minutes of January 13,2004. 6. Appeal Letter submitted by Mr. Roy Divittorio on January 14, 2004. 7. Photos of the project site and surrounding residences 8. Comparisons of Front Elevation Prepared by: ~e Planner Approved by: Reviewed by: Mayor Donald R. Burr QUALITY BUILDING MATERIALS. SUPERIOR SERVICE SERVING THE SANTA CLARA VALLEY FOR MORE THAN HALF A CENTURY February 2, 2004 City Council City of Campbell 70 North First Street Campbell, CA 95008 Re: Appeal by Mr. Roy Divittorio, Agenda Date 2/3/04 Dear Council Members: I am writing in support of the gable revision that the Divitorrio's have requested. My concern with this matter is only partly due to the fact that Roy Divitorrio is a customer of mine. I also look forward to he and his family soon becoming my neighbors, as my home is at the corner of Walnut Drive and Chapman Drive. I feel that the roof modifications sought by this applicant are not only modest in nature, but that they will result in a more pleasing combination of hips and gables. Roy made an assortment of concessions during the initial approval process in response to the concerns of some neighbors about their impression of scale, in particular, from the front elevation. The project has been shaping up beautifully, and I do not feel that changing two segments of the roof at this juncture would significantly impact the overall feeling of mass, and that any impact that it might have would be outweighed by the improved appearance. I respectfully ask that you allow the Divitorrio's to complete' their home as they have requested. Thank you for your consideration. Sincerely, ~w~:w~lI$ President cc: John Saunders 720 CAMDEN AVENUE. CAMPBELL, CA 95008.408-378-5231. FAX 408-378-0258 Roy Di Vittorio 1512 Walnut Dr. Cmmpbe~Ca.95008 Attachment #6 R J::. \.. 11:. I V C. LI 1-14-04 ill, t.! 1 1 "'nn¡ '" rl ,t 'I ':..1.;"1 Re: Jan. 13,2004 panning Commision Decision ~ITY CLERK'S OFFICF CC'-~£k~ C¡/Y) ~ To: City Clerk This letter is to inform the City Clerk that I will be appealing the p1amring Conunission's 3 to 2 decision against me concenrlng the changing of my garage and foyer roof line from a hip roof to a gable roof. I feel that if I could have met the Panning Commissioners, who voted against me, on the jobsite so that they could have seen the actual construction of the rootline, they could have better understood that a gable would balance the look of the house and be more aesthetically correct from an architectural stand point and not make the house look that much bigger in size. Please call me on my cell phone (408) 655-0570 with any concerns. Sincerely, ~ DUPLICATE PJECEIP1 CITY OF CAMP~~¡ L, LA REC\iD BY~ ,JAriH PArOR: ROY DrVITTC~IO T!1T!Ai:"Q flATt:'- id iij./I\', .w~~. w un¡~' v.;.~IV~ REG-_::_~T,¡~~.~. R..ð,T.!F-.' ¡.'.'.1...1,/"...;/;."ff,.i.¿, T~~' ~n"i ~. - - - - T...rit.i V:::'i.l~,j!) 01000163775 TtI:'Cr'OTOTTnAi ",,-..n..n..! I.UI\ OTHER REŸEìJJJE AMOUH1 $1 00 - O{¡ ---------------- Tj'¡ïÀi mil:'- ;;';¡;;~ "Vi.: $iOO.OO TENDEREr:: ¡-'UA.!;;¡:-. "","nvi...- ~100,OO $.ûÜ ~ January 14,2004 Mr.Roy Divittorio 5846 Marshwell Way San Jose, CA 95138 Re: PLN2003-l45 -Modification to Site and Architectural Review Permit 1512 Walnut Drive Dear Applicant: Please be advised that the Planning Commission, at its meeting of January 13, 2004, adopted Resolution No, 3534 denying a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit to change the approved roof design on the above-referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m. on Friday, January 23, 2004. California Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this decision must be sought. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Tim J. Haley Associate Planner cc: Lynn Penoyer, Public Works Frank Mills, Building Chris Veargason, County Fire 70 North First Street. Camphell, California 9500f:-1436 IEI.40R.866.2140. h\x408.871.5140 rrm 408.866.2790 , RESOLUTION NO. 3534 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A MODIFICATION (PLN2003-l45) TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT TO CHANGE THE APPROVED ROOF DESIGN ON PROPERTY OWNED BY ROY AND ADRIENNE DIVITTORIO LOCATED AT 1512 WALNUT AVENUE IN AN R-l-lO (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. FILE NO. PLN2003- 145. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-l45: 1. The proposed project is not consistent with the General Plan in that the proposed changes do not maintain and support the existing character and development pattern of the surrounding neighborhood and is inconsistent with the San Tomas Area Neighborhood Plan. 2. The proposed changes to the approved project are not consistent with the San Tomas Area Neighborhood Plan in that the perceived scale and mass of the proposed residence is proposed to be increased and is not compatible with the adjacent homes and the surrounding neighborhood. 3. The proposed project is surrounded by houses that are of a different scale and architectural style. 4. The completed project would consist of a 5,305.6 square foot residence with a building coverage of 31 % and a floor area ratio of 0.39. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1, The proposed project is not consistent with the General Plan. 2. The proposed project is not consistent with the San Tomas Area Neighborhood Plan, 3. The proposed project will not aid in the harmonious development of the immediate area. 4. The proposed project is not compatible with the adjacent land uses and the surrounding neighborhood. Planning Commission Resoh..don No. 3534 PLN2003-145 -- 1512 Walnut Drive Denial of Modification to Site and Architectural Review Pennit Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission denies a Modification (PLN2003-l45) to a previously approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-l-lO (Single Family Residential) Zoning District. PASSED AND ADOPTED this 13th day of January, 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley and Rocha Francois and Roseberry Gibbons and Hernandez None APPROVED: George Doorley, Chair A TrEST: Sharon Fierro, Secretary Planning Commission Minutt;S of January 13,2004 Attachment #5 Page 4 Chair Doorley reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. *** Chair Doorley read Agenda Item No.3 into the record. 3. PLN2003-145 Divittorio, R. Public Hearing to consider the application of Mr. Roy Divittorio for a Modification (PLN2003-145) to a previously approved Site and Architectural Review Permit to change the approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-l-lO (Single Family Residential) Zoning District. This project was previously deemed Categorically Exempt under CEQA. Project Planner: Tim J. Haley, Associate Planner Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: . Advised that the applicant is requesting to modify the approved roof design in two locations of this new house, one located over the second story entry and the second located over the garage. . Reminded that the original application first came before the Commission on April 9, 2002, and was continued to the meeting of May 14, 2002, to allow the applicant to modify his project based upon feedback given by the Commission and members of the community, . Said that the project was brought back with revisions that included more hip than gable roof lines. At that time, the Commission found that the changes reduced the appearance of mass and approved the project. . Stated that the house, located within the San Tomas Neighborhood, is currently under construction and the applicant has converted two hips into gables. . Said that while staff believes the project meets the requirements of the San Tomas Area Neighborhood Plan, these new changes do not meet the intent of the plan. . Recommended denial of this request for Modification due to inconsistencies with the General Plan and San Tomas Area Neighborhood Plan. . Said that SARC reviewed this proposal at its meeting of December 9, 2003, and he would allow the SARC member to report on their actions. Commissioner Rocha asked if the applicant came forward to seek approval of these changes. Senior Planner Geoff I. Bradley replied yes, during the framing stage. One of the gables, the smaller one located over the entry, had been executed and the other has since been framed. Chair Doorley provided the Site and Architectural Review Committee report as follows: . SARC reviewed this application on December 9th and decided to forward it to the Commission without recommendation. Chair Doorley opened the Public Hearing for Agenda Item No.3. Ms. Ellen Dorsa, 1573 Walnut Drive, Campbell: Planning Commission MinuL~¡) of January 13,2004 Page 5 . Said that her home is diagonally across the street from the Divittorio home. Reminded the Commission that when this project first started, the Divittorios stated that they would be there forever while others in the neighborhood would go within five years. Pointed out that she waited eight years for a house to open up on this street. Said that the Divittorios never made an effort to meet with the neighbors. Stated that at the time of original review of this project, she felt that a monster house such as this one does not fit in this neighborhood, even with the proposed changes. Pointed out that almost every house in this neighborhood that has been remodeled has been single-story. Those owners that have remodeled into two-stories have worked to limit the impacts. Described the Divittorio home as a minimum setback, in your face huge. Expressed her belief that the Divittorios don't actually plan to stay long on Walnut while the neighborhood will live with this house forever. Said that she is losing privacy with this house. Added that the yard she has planted over five years in order to achieve privacy will now have to start over. Questioned the height of the home under construction in light of the fact that it was regraded, Declared that this is a beautiful house for Los Altos Hills but not for this simple neighborhood. . . . . . . . . . . . Ms. Analise Wrightson, 1570 Walnut Drive, Campbell: . Advised that her home is one house down from the Divittorio home. . Stated that the roofline was already decided upon and that she thought it was a done deal. . Asked that the Commission deny this application. . Pointed out that this is already a large home and that the Divittorios were originally asked to lessen the effect. Adding these gables is not compliant with that request. . Stated that the Divittorios have business influence in Campbell and stated her belief that the City will not let that influences its decision. . Asked the Commission to stick to its original decisions. . Stated this is a waste of time and that the Divittorios should have appealed the original decision in a timely manner. Ms. Audrey Kiehtreiber, 1509 Walnut Drive, Campbell: . Reminded the Commission that in 2002, the neighborhood was told by Divittorio that it should be grateful to have this large house in their neighborhood, increasing property values. . Agreed that this will be an attractive home but huge and overwhelming for this neighborhood. . Displayed pictures of homes on the block to demonstrate that the neighborhood is not some slum but rather is attractive. There are beautiful homes with owners who take a lot of pride in and care of their homes. . Advised out that Ridgecrest Group recently built three homes in the neighborhood. The developer really worked with all of the neighbors. While these are big homes, you don't get that impression. Planning Commission Minul\"s of January 13,2004 Page 6 . Pointed out in a photograph the fact that the living room at the Divittorio home overlooks the neighboring house, despite a six-foot high fence separating the two houses. Said that at the time of original hearing, the City was celebrating its 50th Anniversary of its founding. Asked the Commission to make sure that new homes show respect for the community and its values. This can be accomplished by working together. Asked the Commission to deny this request. . . . Mr. Peter Kiehtreiber, 1509 Walnut Drive, Campbell: . Questioned what's going on here since a year and a half ago the Planning Commission looked at this house, the neighbors complained and staff made recommendations to resolve the issues that were raised. The Commission then imposed changes, the applicant agreed to them and did not subsequently appeal the final decision of the Commission. Divittorio Construction now wants to undo the Planning Commission's changes. . Stated that this sends the signal that final Planning Commission decisions are not final. . Asked that this request be denied. . Said that as it is, this home is too big. Changing it as requested would make it appear even bigger. . Said he is not asking the Commission to impose an untold hardship on the applicant but rather to uphold its actions. . Pointed out that the smaller gable has already been constructed. This applicant is so sure that his request would be approved. Ms. Janet Rinck, 661 W. Parr Avenue, Campbell: . Stated her agreement with Audrey and Peter Kiehtreibers' comments that this will be a beautiful house that does not fit in this neighborhood. . Explained that she moved into the neighborhood in May 2003 and that she is here to stay. . Expressed her opinion that the scale of this house is pretty large. Mr. Roy Divittorio, Applicant and Owner, 1512 Walnut Drive, Campbell: . Reminded that the Commission considered his project in April and May of 2002. At the April meeting, it looked as if three Commissioners were in favor of his original plan while four wanted changes. Therefore he did make changes by lowering his living room ceiling, taking out windows and eliminating gables. . Pointed out that arched windows usually don't have hips over them and that is why a gable is needed there. . Said that his reason for this requested change is that aesthetically the house would look more balanced. It will look better. . Stated that he knows that the house looks big, it is big. The second story is already there. . Said that he has heard from many people that gables are no big deal and should be allowed. . Advised that the grading was surveyed and approved. . Said that while the house may look bigger with the gables, it will also look better and more balanced. The gables will not make it look that much bigger. . Said that while his neighbors may think he will sell this house soon, he does not plan to do so. The project is costing him in both time and money to make these changes. . Explained that if he has to look at these hip roofs over the next 30 years, it will bother him, Planning Commission MinUlt;S of January 13,2004 Page 7 . Agreed that people in the area will either hate or love this house. For everyone who does not like it, there are others who do. Stated, this is my home. Why not go my way. . Commissioner Francois asked Mr. Roy Divittorio the height differences between using a hip versus gable roof. Mr, Roy Divittorio replied that they are the exact same height and slope up to the same peak. The gables do not add height. Chair Doorley asked if anyone in the audience wanted to address the Commission specifically. No one came forward. Chair Doorley closed the Public Hearing for Agenda Item No.3. Commissioner Alderete: . Stated that this project appears to meet the STANP requirements but not the subjective criteria. . Said that the Commission is rehearing some of the same items originally considered and that the issue under consideration tonight is two gables versus two hip roofs. . Asked staff to explain why this change swings the appearance of this home into not being in compliance with the subjective criteria of the ST ANP. Senior Planner Geoff I. Bradley: . Demonstrated the difference in impact by showing a slide of the existing gable framing over the garage that is covered in a blue tarp with the actual approved hip roof framed below the tarp. . Pointed out that the existing hip roof is visible below the tarp and slopes up to the second floor. The framed and tarred gable roof is clearly larger in scale and mass as the gable element is higher closer to the front property line in comparison to the maximum height of the hip being located further back at the start of the second story, sloping downward toward the front of the house and property line. . Said that a hip roof has a lower profile and a gable is a more prominent element. A change of three gables from the original design significantly reduced the massing of this home when this project was originally approved. Commissioner Alderete asked if having the minimum front yard setback also increases the impact of the hip versus gable as far as appearance of mass. Senior Planner Geoff I. Bradley replied yes one could say the massing would be less visible with a 1O0-foot front yard setback. However, 25 feet is the largest minimum front yard setback standard in the City. Commissioner Alderete: . Said that when approving the original plan, they were working off drawings. Now the structure has been framed. Planning Commission MinUtes of January 13,2004 Page 8 . Added that now it is more difficult to see the appearance of mass. However, with the framing and blue tarp, it looks to him that the hip roof is less massive than gables. Chair Doorley: . Said he wanted to explain further what transpired at SARC, who forwarded this application without recommendation. . Explained that this action was not the result of having no opinion. Rather, since seven Commissioners with lots of compromises approved this project, SARC did not feel that it was right to make a recommendation with just the involvement of two Commissioners. Commissioner Roseberry: . Thanked Chair Doorley for the clarification on SARC's actions, as this was a question that he had. . Said that it appears this project meets the metrics of the ST ANP and that the applicant has come asking for a change. . Said that there have been poor neighbor relations in this situation and the applicant seems more to be seeking forgiveness than permission. . Said that the issues of whether the Divittorios will keep or sell this home are irrelevant as is the level of frustration of Mr. Divittorio. . Stated that this is a changing street with large lots. There are few areas that a house of this scale could be constructed. . Added that this is an architectural detail and does not make this house look worse with gables. Commissioner Francois: . Advised that he spent 20 minutes today looking at this house. . Agreed that the gable does give the house balance. . Pointed out that there are huge homes just two blocks north and that the Divittorio project is not much bigger. The house on Chapman and Walnut is a compound compared, it's huge. . Agreed that this is not a slum neighborhood. . Declared that no one on the Commission would roll over for a contractor simply because he does business in town. Each application is considered on a case-by-case basis with integrity. . Said this project appears to fall within the guidelines of the ST ANP and that the gables do appear to add balance to this home. Commissioner Rocha: . Agreed that there are two-story homes on this street, including the large one at Chapman and Walnut, that are out of scale with the single story homes on the street. . Restated Commissioner Francois' comments that the Commission on a case-by-case scenario considers each project and that the Commission does not need to be lectured on what its role is and should be. . Added that they spend as much time as possible on these things and encourage interested citizens to consider applying for Planning Commission appointment when there are openIngs. Planning Commission MinUl\"S of January 13,2004 Page 9 . Said that he feels that the applicant should conform to the approved project and will support staff's recommendation to deny. Advised that he was not a part of the Commission that granted the original approval. . Chair Doorley: . Said that he was on the Commission at that time and that the rights of the applicant and community were considered. . Added that the issue of hip versus gable was talked about greatly. . Advised that his opinion has not changed and that he too supports staff's recommendation to deny. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Rocha, the Planning Commission adopted Resolution No. 3534 denying a Modification (PLN2003-145) to a previously approved Site and Architectural Review Permit to change the approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive, by the following roll call vote: A YES: Alderete, Doorley and Rocha NOES: Francois and Roseberry ABSENT: Gibbons and Hernandez ABSTAIN: None Chair Doorley reminded that this action is final in 10 calendar days, unless appealed in writing to the City Clerk. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: . Advised that at its last meeting, Council authorized the abatement of Hazardous Vegetation, also known as weeds. . Announced that there are two items set for the next meeting with a Study Session following. ADJOURNMENT The Planning Commission meeting adjourned at 8:32 p.m. to a Study Session immediately following and thereafter to the next Regular Planning Commission Meeting of January 27, 2004. SUBMITIED BY: Corinne A. Shinn, Recording Secretary APPROVED BY: George Doorley, Chair ATTEST: Sharon Fierro, Secretary CITY OF CAMPBELL - PLANNING COMMISSION Staff Report - January 13,2004 PLN2003-145 Divittorio, R. & A. Public Hearing to consider the application of Mr. Roy Divittorio for a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit (PLN2001-133) to change the approved roof design of a single-family residence located on property owned by Roy and Adrienne Divittorio at 1512 Walnut Drive in an R-l-lO (Single Family Residential) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, Denying a Modification (PLN2003- 145) to a previously approved Site and Architectural Review Permit (PLN2001-133) to change the approved roof design of a single-family residence. ENVIRONMENT AL DETERMINATION Staff recommends that the Planning Commission find that this project is categorically exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to the minor alteration of an existing structure. PROJECT DATA Cate2orv Gross Lot Area: Net Lot Area: Density: Proposed 16,500 square feet (.38 acres) 13,500 square feet (,31 acres) 2.6 units per gross acre Allowed/ReQuired N/A 10,000 square feet Less than 3.5 units per gross acre Proposed Residence: First Floor: Second Floor: Basement: Garage: 2,340.5 square feet 1,562.5 square feet 858.6 square feet 544 square feet N/A N/A N/A 200 square feet minimum Covered Porch: 470 square feet N/A Accessory Building A: Accessory Building B: 195.5 square feet 640.6 square feet 200 square feet maximum 1,000 square feet maximum Floor Area Ratio: Building Coverage: Parking Provided: 0.39 (5,283 square feet) 31 % (4,191 square feet) 4 spaces (2 covered, 2 uncovered) 0.45 maximum (6,075 square feet) 35% maximum (4,725 square feet) 2 spaces (1 covered, 1 uncovered) Staff Report - Planning Commission Meeting of January 13,2004 PLN2003-l45 - 1512 Walnut Drive Page 2 Catee:orv Building Height: Proposed 27 feet, 7 inches AllowedJReQuired 28 feet maximum Setbacks: Front Yard: Rear Yard: Side Yard (Left): Side Yard (Right): 25 feet 51 feet 12 feet 16 feet 25 feet minimum 25 feet minimum 8 feet minimum 12 feet minimum Surrounding Uses: North: South: East: West: Residential Residential Commercial Residential DISCUSSION Applicant's proposal: The applicant is requesting approval of a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit (PLN2001-133) to change two roof forms on the front elevation of a single-family residence from hipped roofs to gable roofs. One of the roofs is on the second story and is directly above the front door and the other roof is over the garage. Background: The Site and Architectural Review Permit for the home went to the Planning Commission on April 9, 2002. The project was continued to the May 14,2002 meeting to allow the applicant time to revise the project plans to incorporate suggestions made at the public hearing from the Planning Commission, Planning Staff and the neighborhood. The comments that were made at the public hearing were in regard to the perceived massing of the second floor and the compatibility of the proposed residence with the surrounding neighborhood. The applicant revised the plans to incorporate hipped roof forms on the second floor, the removal of the vertical wall plane over the left part of the residence and replacement with a dormer and new porch pillars. At the Planning Commission meeting of May 14,2002, the Planning Commission found that the revisions made by the applicant reduced the perceived mass of the second floor and made the proposed home more compatible with the surrounding neighborhood and approved the project. The house is currently under construction and has not yet been completed. ANAL YSIS General Plan Designation: The General Plan land use designation for the project site is Low Density Residential (less than 3.5 units per gross acre.) The density of the proposed project site is 2.6 units per gross acre, which is consistent with the General Plan land use designation. The following General Plan Strategies were used in analyzing the proposed changes: Staff Report - Planning Commission Meeting of January 13,2004 PLN2003-145 - 1512 Walnut Drive Page 3 Stratef!V LUT-S,2a - Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Staff finds that the scale and mass of the proposed residence is increased by the proposed roof design and does not maintain and support the existing character and development pattern of the surrounding neighborhood. Strategy LUT-7.2n: Consistency With Plans - Ensure that new development and substantial remodeling projects are consistent with Specific Plans, Area Plans, City Standard Details, and adopted Streetscape Standards to create a cohesive design. Staff finds that the proposed changes to the residence are inconsistent with the San Tomas Area Neighborhood Plan design guidelines because the perceived scale and mass of the proposed residence is increased by the proposed roof design and is less compatible with the adjacent homes and the surrounding neighborhood than the approved design. San Tomas Area Neighborhood Plan: The project site is located within the San Tomas Neighborhood and is subject to the development standards and design guidelines of the San Tomas Area Neighborhood Plan (ST ANP). The proposed project meets the requirements for setbacks, lot coverage, floor area ratio, and height. However, staff finds that the proposed changes to the residence does not meet the design guidelines of the ST ANP. The ST ANP requires that the scale and mass of new homes be compatible with the existing homes in the surrounding area. Although the proposed residence incorporates many architectural features that are representative of the San Tomas Neighborhood such as a porch that runs across the front of the house, horizontal siding and a two-car garage, staff finds that the proposed changes will change the perceived scale and mass of the home, thereby making it incompatible with the adjacent single- story homes and the surrounding neighborhood. Staff is recommending denial of the Modification to a previously approved Site and Architectural Review Permit for inconsistency with the General Plan and the San Tomas Area Neighborhood Plan as discussed above. Zoning Designation: The zoning designation for the project site is R-l-lO (Single-Family Residential, 10,000 square foot minimum lot size.) The proposed project complies with the development standards for the R-l-lO Zoning District and the STANP except for the design guidelines of the ST ANP regarding perceived scale and massing and compatibility with the surrounding neighborhood. Building Design: The approved two-story residence utilizes mostly hipped roof fonns, horizontal siding and composition shingle roofing. The proposed change would change two of the hipped roofs to gables. The roof over the entry has been constructed as a gable and is not Staff Report - Planning Commission Meeting of January 13,2004 PLN2003-l45 - 1512 Walnut Drive Page 4 consistent with the approved plans. The roof over the garage has been constructed as a hip roof with additional framing and a blue tarp to show what a gable roof form would look like. Staff believes the hipped roof forms clearly provide a less visually prominent roof, resulting in a less mass! ve appearance. Street Improvements: The project site does not have standard street improvements (curb, gutter or sidewalks) and none are required and/or allowed by the STANP on Walnut Drive. Landscaping: Pursuant to the STANP, the applicant is required to provide a total of seven trees on site, one tree per 2,000 square feet of net lot area, including existing trees on site. The proposed site plan shows the retention of many of the existing trees on site and the location for eleven new trees as well as the replacement of the existing impervious driveway with landscaping. A black walnut tree located in the front yard died and has been removed. This was not a protected tree. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this application at its meeting of December 9, 2003. The Committee forwarded the application to the Planning Commission without a recommendation. A TT ACHMENTS 1. Findings for Denial of File No. PLN2003-l45 2. Findings for Approval of File No. PLN2003-l45 3. Conditions of Approval of File No. PLN2003-l45 4. Exhibits (Approved Plans & Proposed Plans) 5. Photos 6. Letter from the Applicant 7. Location Map Approved by: Prepared by: Sharon Fierro, Community Development Director FINDINGS FOR DENIAL OF FILE NO. PLN2003-145 SITE ADDRESS: APPLICANT: P.c. MEETING: 1512 Walnut Drive Roy and Adrienne Divittorio January 13,2004 Findings for Denial of a Modification to a previously approved Site and Architectural Review Permit to change the approved roof design of a single-family residence located at 1512 Walnut Drive. The Planning Commission finds as follows with regard to File No. PLN2003-l45: 1. The proposed project is not consistent with the General Plan in that the proposed changes do not maintain and support the existing character and development pattern of the surrounding neighborhood and is inconsistent with the San Tomas Area Neighborhood Plan. 2. The proposed changes to the approved project are not consistent with the San Tomas Area Neighborhood Plan in that the perceived scale and mass of the proposed residence is proposed to be increased and is not compatible with the adjacent homes and the surrounding neighborhood. 3. The proposed project is surrounded by houses that are of a different scale and architectural style. 4. The completed project would consist of a 5,305.6 square foot residence with a building coverage of 31 % and a floor area ratio of 0.39. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is not consistent with the General Plan. 2. The proposed project is not consistent with the San Tomas Area Neighborhood Plan. 3. The proposed project will not aid in the harmonious development of the immediate area. 4, The proposed project is not compatible with the adjacent land uses and the surrounding neighborhood. FINDINGS FOR APPROVAL OF FILE NO. PLN2003-145 SITE ADDRESS: APPLICANT: P.c. MEETING: 1512 Walnut Drive Roy and Adrienne Divittorio January 13,2004 Findings for Approval of a Modification to a previously approved Site and Architectural Review Permit to change the approved roof design of a single-family residence located at l512 Walnut Drive. The Planning Commission finds as follows with regard to File No. PLN2003-145: 1. The proposed residential project is consistent with the R-l-lO (Single-Family Residential, 10,000 square foot minimum lot size) Zoning District, as required per the Zoning Ordinance and the San Tomas Area Neighborhood Plan. 2. The density of the proposed project site is 2.6 units per gross acre, which is consistent with the General Plan land use designation of Low Density Residential (less than 3.5 units per gross acre.) 3. The proposed roof changes are well designed and are architecturally compatible with the surrounding neighborhood. 4. The proposed project is consistent with the San Tomas Area Neighborhood Plan. 5. The completed project would consist of a 5,305.6 square foot residence with a building coverage of 31 % and a floor area ratio of 0.39. 6. The project is not located in a particularly sensitive environment; and no substantial evidence has been presented to suggest that there is a reasonable possibility that significant environmental impacts would result from the project due to unusual circumstances or from the cumulative impacts of successive projects of the same type in the same place. Based on the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. 3. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 4. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. CONDITIONS OF APPROVAL FOR FILE NO. PLN2003-145 SITE ADDRESS: APPLICANT: P.C. MEETING: 1512 Walnut Drive Roy and Adrienne Divittorio January 13,2003 The applicant is hereby notified, as part of this application, that he/she is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. Where approval by the Community Development Director, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable Conditions of Approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Plannim! Division 1. Project Approval: Approval is granted for a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit (PLN200l-l33) to change the approved roof design of a single-family residence located at 1512 Walnut Drive. The project shall substantially conform to the project exhibits listed below; except as may be modified by the conditions of approval contained herein: Project plans prepared by Design Tech Associates and received by the Planning Division on December 3, 2003. 2. Previous Approval: The project shall comply with all conditions of approval of the original Site and Architectural Review Permit (PLN2001-133). a. Buildine Division 3. Permits Required: Revised building permit plans shall be provided for the revised roof design. 4. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. DIVITTORIO CONSTRUCTION 5846 Marshwell Way * San Jose, CA 95138 * 40~-226-5987 * Fax 408-281-0286 Panning Department City of Campbell RE:Di~ttorioRe&denœ 1512 Walnut Dr. Campbell, Ca. 95008 12-05-03 " To Planning Department: This letter is to explain why we would like to make the changes to the tront elevation of our house. Basically, the main reason is for appearanœs. We feel that it would look better to change the roofline over the arched window'above the porch and the roofline over the garage from a hip roof to a gable roof. The roofline over the arched window should be a gable so that it can help accentuate the look of an arched window, instead of making it looked cramped above the window. Also, with three gables on the left side of the house and none or the right side of the house, then ~e house looks unev~n. So, if we make the garage a gable, then it would offset the gables on the left side of the house and also help out the looks of the arch over our garage door. I feel that what we are asking is reasonable, because we have had two different designers and one architect other than our. own architect who. all agreed with the change. Also, I have showed the two different drawings to numerous people and' no one has said that the approved drawing looks better than the new proposed drawing. So hopefully the Site Architectural Review Board can see that what we want is not a very big change and it will not make the house look any bigger because there are already rooflines higher behind the arched window roof and behind the garage is a second story. Also, this is our home and we are paying for the changes and paying all the city taxes for this property, so it would be niœ to have it the way we would like it, especially since what we are asking for is within the City's codes and requirements. Sincerely, ~ ~ ;€OriO RECEIVED DEC 0 5 2003 cnv OF CAMPBELL PLANNING DEPT. December 31, 2003 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Campbell has set the time of 7:30 p.m., or shortly thereafter, on Tuesday, January 13. 2004 in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Mr. Roy Divittorio for a Modification (PLN2003-l45) to a previously approved Site and Architectural Review Permit to change the approved roof design on property owned by Roy and Adrienne Divittorio located at 1512 Walnut Drive in an R-I-IO (Single Family Residential) Zoning District. This project was previously deemed Categorically Exempt under CEQA. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. Decisions of the Planning Commission may be appealed to the City Council. Appeals must be submitted to the City Clerk in writing within 10 calendar days of an action by the Commission. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. PLANNING COMMISSION CITY OF CAMPBELL SHARON FIERRO SECRETARY PLEASE NOTE: When calling about this Notice, please refer to File No. PLN2003-l45 Address: 1512 Walnut Drive 70 North First Street. Campbell, California 95008-1436 TEL 408.866.2140 . lAX 408.871.5140 . Tl)D 408.866.2790 7' " San Tomas Neighborhood Association Meg Stein 1203 Hazel Ave Campbell, CA 95008 Dear Planning Cornmissioners: RECEIVED JAN 13. 2003 C\1'l OF CAMPBEll PLANN\NG DEPT. January 12,2004 RE: 1512 Walnut Drive, Campbell, Ca Sorry I am unable to attend this evenings planning session. With regard to the above request, please refer to page II ofthe San Tomas Neighborhood plan which states under the heading of "compatibility" that some projects have utilized design features that are not commonly found in the area and are "out of scale with surrounding homes." On Page 13 under Scale & Mass, that the "perceived scale and mass of a proposed addition to an existing home should be of a similar shape and form as those in the original house. The perceived scale and mass should also be compatible with homes in the surrounding area. It is my understanding according to the STNA plan that this home may be perceived to be out of cornpliance with the STNA guidelines. Respectfully Submitted, (~CS' //~ Meg Stein / STNA Liaison O~.C%A -'-.. ~ t: <;- U ... 0 0 -;.~ "t: 'O'CH"'O' J City of Campbell u Community Development Department 70 N. First Street, Campbell, CA 95008 MEMORANDUM To: Site and Architectural Review Committee Tim J. Haley, Associate Plann;;P-~- Date: December 9, 2003 From: Subject: 1512 Walnut Drive - Site and Architectural Review Permit Modification PROPOSAL The applicant is requesting approval of a Modification to a previous Site and Architectural Review Permit that allow the construction of a two story single-family residence on the subject property, The applicant is proposing the modification of two approved hipped roof elements into gable roof elements. The subject property is located on the east side of Walnut Drive between Chapman Drive and West Parr Avenue. The approved residence is currently under construction. Background: The Planning Commission approved a new single-family residence on this site at its meeting of May 14,2002. The approved elevations depicted a gable roof as a dormer element over the living room and at the entry porch. The remaining roof styles were depicted as hipped roof elements. The Planning Commission approved these elevations after a continuance of the Site and Architectural Application and a modification to the original design that presented a more massive appearance of the residence. Request: The applicant at this time is requesting approval to modify two of the hipped roof designs (one at the stairway entry and the second over the garage) into a gable style roof. There is no change to the building square footage, The applicant believes that the gable roof design presents a more balanced and desirable architectural appearance of the building elevation. Referral: Staff is referring this item to the Planning Commission for their consideration, in that substantial discussion took place regarding the massing of this residence and its appearance along the Walnut Drive frontage. Staff will provide notice to surrounding property owners regarding the requested modification, Attachment: 1) Reduced approved elevations 2) Reduced modified elevations 3) Photo of existing residence DIVITIORIO CONSTRUCTION 5846 Marshwell Way * San Jose, CA 95138 * 40~-226-5987 * Fax 408-281-0286 Panning Department City of Campbell RE: DiVittorio Residence 1512 Walnut Dr. Campbell, Ca. 95008 12-05-03 .' To Planning Department: This letter is to explain why we would like to make the changes to the front elevation of our house. Basically, the main reason is for appearances. We feel that it would look better to change the roofline over the arched window 'above the porch and the roofline over the garage from a hip roof to a gable roof The roofline over the arched window should be a gable so that it can help accentuate the look of an arched window, instead of making it looked cramped above the window. Also, with three gables on the left side of the house and none op the right side of the house, then the house looks unev~n. So, ifwe make the garage a gable, then it would offset the gables on the left side of the house and also help out the looks of the arch over our garage door. . I feel that what we are asking is reasonable, because we have had two different designers and one architect other than our.'own architect who. all ~eed with the change. Also, I have showed the two different drawings to numerous people and' no one has said that the approved drawing looks better than the new proposed drawing, So hopefully the Site Architectural Review Board can see that what we want is not a very big change and it will not make the house look any bigger because there are already rooflines higher behind the arched window roof and behind the garage is a second story. Also, this is our home and we are paying for the changes and paying all the city taxes for this property, so it would be nice to have it the way we would like it, especially since what we are asking for is within the City's codes and requirements. sm~~ ~ Vittorio RECEIVED DEC 0 5 2003 GIN OF CAMPBELL PLANNING DEPT. December 4, 2003 Re: PLN2003-145 - 1512 Walnut Drive - Modification to Site and Architectural Approval Dear Applicant: Please be advised that the above-referenced application has been scheduled for the following meeting(s): Site and Architectural Review Committee Meeting Date: Tuesday, December 9,2003 Time: 6:30 p.m. Location: Doetsch Conference Room, City Hall, 70 N. First Street, Campbell Planning Commission Meeting Date: Tuesday, January 13, 2004 Time: 7:30 p.rn. Location: City Hall Council Chambers, 70 N. First Street, Campbell Should you have any questions or comments, please do not hesitate to contact me at (408) 866- 2140. Sincerely, -#fg(l!bp . Geoff I. Bradley Senior Planner cc: Roy Divittorio (ApplicantIProperty Owner) 5846 Marshwell Way San Jose, CA 95138 70 North First Street. Campbell, California 95008-1436 . TEL 408.866.2 40 . FAX 408.871.5140 . Tim 408.866.2790