Planning Commission - Regular Meeting

Present. Present. Here. We adopt the motion to adopt the agenda. So move I I motion carries. Sorry, maybe I wasn't close.

Hello. Hello. Is that good? I think I just wasn't close enough. All right. So, we've already had roll call. We've already adopted the um agenda. Next, I will ask if um there are any public comments that are not on tonight's agenda. If so, we will hear those now. Okay. Okay, I'm getting the no there or not. Um, and we also have consent calendar. So, does anyone wish to remove anything or adopt or adjust or amend anything from the consent calendar? Otherwise, may I have a motion to adopt the consent calendar?

I move that we adopt the consent calendar. Second. Okay. All in favor? I I Okay. Motion carries. 5. Uh we do uh we do have continued public hearing. So I will turn over to staff to u present the project. Thank you.

All right. Good evening everyone. Thank you commission. Um tonight I will be presenting this hillside development permit and variance for a property at 1280 Panorama Drive. Um the reason why um it was listed as a continuance is that it was scheduled for the September 2nd meeting, but per the request of the applicant to revise some of the drawings, it was continued to tonight. So before I get into the project itself, I want to reiterate what was in the staff report and reiterate to everyone here the scope that the planning commission will be um considering tonight and that is for the hillside development permit. the exception to development within the class 2 rgeline setback, the exception to development within the 15 degree rgeline declination, and also a variance permit to reduce the required front setback. Staff has added a condition of approval to have the DRC, the designer review commission, consider the designer review permit and grading permit. As part of that review, the design review commission would consider the design related elements and landscaping. So, massing, design, um architectural treatment, landscaping as I um had mentioned and that would be considered after planning commission action at a later date to be determined. For some context of the site, this property is located in the northern portion of Lafayette, north of Happy Valley Road. It is an approximately 1.57 acre parcel um that falls right on a class 2 ridge line. So kind of looking, it's not clear in this image, but the topography of the site is steeply sloping to the east downhill and to the west across Panorama downhill. Looking at the existing conditions, there is an existing singlestory um

residence that is kind of elevated off of Panorama Drive which is in the images what we are looking up from. Um kind of vaguely in the images you can see the story poles which outline the proposed um the proposal which I will go into. Um it's in the proposal is to do a almost demolish leave some of the uh existing walls and do a second story um with some moderate additions to the first story. And so the story poles if you visited the site and go by kind of help uh visualize the proposed scale and mass. So, kind of more specifically going into the proposal, um the addition areas would take it from a 3,000 approximately square foot singlestory home to a 4,469 ft twostory residence. Majority of the new square footage of the area would be in the seconds story additions. Um, as I had mentioned earlier, all of this property is within a class two ridge line. And so kind of in looking at what is on screen and highlighted in yellow is the propo or the um yes the proposed variance. So um as outlined in the staff report and I will reiterate it here in 1971 when the property was built a 15t front yard setback was granted for the building of the home. Um in 1974 a 10-ft front yard setback was granted for the existing covered patio. And so the property, I'm sorry, the applicant has measured setbacks um to that 15 foot and that 10 foot point. Um per code setbacks for this property are measured from the right-of-way easement or access easement. So although we see a property line, the setbacks are actually measured

from the edge of the access easement. Um so what is highlighted in yellow is that area of the covered patio that would encroach into the 10-foot setback. So as existing it's 10 foot with the proposal that setback would be reduced to 4 feet 10 in. As part of this um application request there is an exception to build within the or above the 15°ree hillside declination. Um so what that is is a 15 degree from the ridge line. Um so that is shown in green dashed on the screen and the proposed residence as it is cited would sit above um would sit above that dashed line. Um so when considering um exceptions to build within the declination, we're looking at development located away as much as possible from public vantage points, heavily lo used streets and points of interest. The proposal as it's cited is in approximately the same location as existing but again with an increase in height with the second story additions and the expansion um of the first story in an already flat area of the law. Staff is able to make the findings to recommend approval um of the development above the 15 degree declination. The next two slides, um, I'll be highlighting kind of the proposal as it relates to the scope that staff is asking the planning commission to consider tonight, which is the hillside development permit and variance. So, this is the front elevation, so the west elevation. So, if you were on Panorama Drive, this is what you would see. Um, we can see the second story editions and also a kind of clear glass covered porch. That would be the portion that is encroaching.

This elevation um is not adjacent to any um close neighbors um and is relatively stepped back from the roadway. The elevation shown on screen is to the north and so to the north of the property is where the neighbors at 1290 Panorama are and they are the probably the closest residence um to the proposed building. Um, so kind of wanted to demonstrate as part of the findings for a hillside development permit, you know, minimizing privacy impacts. And so with this elevation, those two windows um to the right on the screen are to a bathroom and a storage area. And then the windows to the left above the sliding glass doors are clear. So there is no um kind of habitable living space in that area. These are the proposed renderings that show what the proposal um would look like. Again, um staff has added a condition of approval to have the DRC design review commission act on the design review permit and grading permit. Um and again, as part of their review, they would address kind of the design related considerations um such as building envelope, massing scale, architectural detailing, and landscaping. The project was referred to our outside referral agencies. Um, and the main comments that we initially received were from the city engineer and East Bay Municipal Utility District, EB MUD, that questioned the um there were some structures that were proposed within the rideway and an East Bay mud um easement. Um and so after kind of consultation with them, the applicant team removed all those structures from the ride ofway in the easement which satisfied um those

comments. Um and so this was seen through a revised plans that that was submitted. So staff asked the city engineer Evie Mud and the fire pestic district fire protection district to re-review those revised plans and their comments were satisfied. But regardless, staff added a project specific condition for EB MUD to review the proposal and approve it just to ensure that their um their easement has nothing encroaching in it and they are satisfied with the development. The project was noticed and area posted with notices 10 days prior to the September 2nd hearing. Again, the item was continued to this date today. Um, but as it was continued, the planning commission agendas were updated with this continuence. Um, after September 2nd, we did receive one letter from the neighbors at 1290 Panorama Drive and they um sought to kind of further understand the scope that was being considered. um staff and that neighbor were not able to find a time um to meet in person to discuss the proposals, but there was open lines of communication um between both. And as always, staff is always readily available um for anyone to discuss the development um and any proposal going before the commission. So staff recommends that the planning commission find the project exempt from SQA and adopt planning commission resolution 202509 approving the project subject to the conditions listed in the resolution and the staff report. Thank you.

Thank you. Uh does anyone have any clarifying questions for the applicant? Vice Chair, I just want to check um did you actually meet with the neighbors? I wasn't clear from the description. No, didn't physically meet with the neighbor. No, not physically. I mean, like were they essentially able to satisfy their because it seemed like from their letter they were just like, "Oh, we want more info." Were you able to like email them everything? And yeah, we we email corresponded, but um it there was not enough conversation to ensure that their um their concerns or issues were satisfied. Okay. Are they here tonight? Um Constantine? Yes.

Okay. Well, all right. Any other clarifying? All right. Um, if the applicant would like to present, please, now's your time. Come on up. Tell us who you are. And [Music]

good evening, commissioners and city staff. My name is William Leo, project applicant and architect on 1280 Panorama Drive. Um, I don't have a presentation per se, but I like just I like to just talk a little bit about how uh the home the current homeowners Anuen and Vin Shun engaged with my services. Um we had started the project approximately August of last year and had gone through uh quite a bit quite extensive design iterations. And what we wanted to do was keep the footprint of the existing house largely intact because there are a lot of architectural characteristics were that were nice but it just needed to be modernized and accentuated. Um and so that's what I've done. Um, so there's a slight increase in the square footage as well, only because they wanted to add an art studio that was quite substantial at under 1,000 square ft. Um, and a large garage that would include fourcar stackers.

Okay, great. No, I just wanted to make sure I didn't, like I said, just a brief presentation. So, no, I appreciate it. Uh, let me see if anyone has any questions. So, just hold on a second. Anyone have any clarifying questions for the applicant? Uh, thank you. I I was curious about the garage because um and obviously I didn't spend as much time with the plans as as you have, but so now when someone drives into the garage, they have the ability to stack the cars with a stacking mechanism, right? Correct. Okay. And then above that is the art studio and Correct. Okay. And so that's why I'm proposing to excavate. Yeah. Right. And that's what I thought and Thank you. That that's very interesting. Thanks.

Uh Commissioner Mason, um how old it is what's the date of construction or how old is the original house? It's uh I believe from 1971. Okay. Um how is or what is your approach to the foundation in that you know 71 is not much of a foundation and you're adding a second story. Are you right? So, um most of the structure will be demolished. Okay. Um the existing foundation will be retrofitted. Uh currently there's a it's not a slab on grade and we would like to uh change it to a slab on grade. Okay.

So that would mean retrofitting the existing stem walls and then and filling it and then doing a slab on grade. So you have somebody specifically looking to address the foundation. Correct. Yeah. We have a we have uh retained a structural engineer. Okay, that's all I wanted to know. Thank you. Any other clarifying questions? All right. All right. Thank you very much. You can go ahead and go on back. Thank you.

Um All right. We will now open this up for public comments. Do we have anybody? If there's anyone here who wants to do a public comment, just uh if staff knows you, otherwise there's a comment card for you to fill out. Did Did you fill out a It's all right. Come on up. You're you're I'm assuming you're Yeah. Come on up and introduce who you are. Hi. And I think you might need to push the button for the green light to go on.

Yes. Um I I'm Constantine Capcalas and I live at the adjacent property 1290 which is really the only property that's being impacted by this. And um first wanted to say welcome Ann and Vin to the neighborhood and look forward to them coming. I just had a couple of questions. First of all, um I'm not as prepared as I wanted to be. I just flew in 2 hours before the meeting and didn't have time to get my notes, but I was wondering, so the story poles that are there are not the existing property perimeter here. Just go ahead and address your questions and then we'll make sure to just process. Apologize. Oh,

it's all right. It's all right. Just process. I was wondering I think I've been told that the story poles that are in place are not the existing perimeter of the structure. So I wanted to clarify that. Okay. And if you have other questions, go ahead. Let's do them all and then we'll and then I'm trying to clarify how much the setback is from the property line on what would be the garage side and the twotory addition to the property. Mhm. and also how far past the normal um setback is going to encroach on the front. Okay. And

so I mean it'd be a lot easier if we had had a little model to look at. Yeah. I mean I don't disagree with you. I mean the application that's online has with the exception of the story poll questions all the rest of it is part of the application there's a uh um you know well engineered site plans at least in terms of um layout and and other you know arborist and other aspects of it. Um, does anyone I I I don't feel I would I would ask staff if you could help us with the story polls. Give like a little guidance on that.

Yeah, of course. Yeah. So, the story polls as you see them on the site currently show the proposed um footprint and the kind of the top of the um building second story. So, not the existing but it shows the proposed condition. Okay. And then um so yeah, what was your

I'm I'm here on behalf of myself, my wife, and my mother-in-law, and we purchased the 1290 property from my mother-in-law, and she's staying with us still. Um but I guess our concern is that that second story that's going to be constructed is going to be so close to our property line. I mean, it almost doesn't fit the character of the neighborhood. Um, everybody else's homes are pretty well set back or not encroaching on the um on the street itself. And so I was wondering, I mean, there's so much land to the other side of the building, I don't understand why that's not usable. So, the applicant will have an an opportunity after all public comments to address. So, I'll let them address that. Um, I can't say why they designed it anyway. Um, but um uh so they'll address that. Okay. If they so choose. Um,

may I follow up on that? um in in the rebuttal period when he gets to talk again, if you could describe my recollection is there's redwood trees on that side of the house on the garage side and can you describe um if those will cover the windows that are going to be installed. Okay.

And then I will advise you on this as well. We we do get this from time to time that maybe neighbors or future neighbors haven't quite met till this kind of point in the process. Um by all means meet them afterwards if you don't get the choice and I don't know who's who except who came up. Um but it things like this you know we will do what what's required of the planning commission and design re review will go through the design review criterias and the grading plan. Um, but you know, neighbor to neighbor, it's sometimes better for neighbor to neighbor to just talk because I've found in the five years I've been up here that a lot of times your concern is probably something that easily can can be addressed that doesn't require us to get involved, which is the best way for it to happen. But I I I'm glad you came here tonight and I'm glad you had the opportunity to present to speak. So is there anything else that we can answer for you otherwise we'll let during the robot? Well, because I think you have your regulations and it's compliant with your regulations or variances. I think we're talking about what you just addressed is neighbor to neighbor.

Yeah. And aesthetics, right? And the aesthetics will be at the design review in the future to be determined. So, I recommend that you, you know, familiarize yourself with the package that gets submitted and hopefully by then you'll have a communications going. And for us, we have to make findings based on the staff report and and what's required. And so up here, it's our charge to go through all those findings and make sure if like say your your point on the variance that we agree that the variance is something that we can support based on the findings that individually we have to make or decide we don't make. So okay. All right.

Any other questions for Okay. Thank you very much. Appreciate you coming up. All right. Any other um public comments? All right. Nothing online. Okay. So, we'll close the public comment period. Um and then I would ask the applicant to come up and uh I would also advise you guys to introduce yourselves afterwards. But if you could address any of the concerns that uh were brought up, I think that'd be helpful.

Yeah. So, um, regarding the setback, there's a 20 foot setback from the property line to the garage wall, uh, slash the edge of the art studio as well. Um, and I understand the bulk of the structure is over the garage, which I believe from my notes is approximately 20 ft 3 in high uh, from grade. And there are transom windows in the art studio, so there's a lot of privacy. The the the homeowners will not be able to look down onto the neighboring property. Okay. And and I appreciate that. I would advise you guys afterwards to talk because sometimes that you know, if you're not a architect engineer, you talk about this regularly. That doesn't make a lot of sense. And I know because sometimes I don't even know what you're saying, but and I'm in this world and I'm an engineer. But so just if you guys can, I think that would help. So, any other clarifying questions?

Uh, just to clarify, uh, 20 ft the property line is center of the street or is a property line at the edge of the street? Well, I was referring to the side. Okay. The neighbor. Okay. Thank you. And what's the foliage between you and Currently, it's um redwood trees. Okay. So, it's good screening. Yeah, good screening. Thank you. Great. Anything else? All right. Thank you very much. Thank you. All right. Um, so that's applicants time. So then I'll bring it back to the planning commission for discussion. Anyone? I'll I'll start please.

One thing I think is really important uh thank you chair to re reiterate what you just said is that in case it was missed, it sounded like the response to public comment were just clarified in the applicant's rebuttal. So again encouraging the applicant and the neighbor to speak after because I think the answers that the speaker the commenter was asking the questions he was asking were addressed. Um I I've reviewed everything. I visited the site. I do think um yes it's taller than what you know is existing. I do I am able to make all of the findings that are required of us tonight. I do appreciate the effort that the applicant has put in to revise per the East Bay Med comments. Um, and again, just really encourage the applicant and the neighbor at 1290 to be in communication.

Anyone else? Commissioner Mason.

Yeah. Yes. Thank you. I also can make uh the findings. I'm an engineer myself and uh explaining complex things to somebody who doesn't have the same background as you can be difficult. So, and a lot of times I found that I get asked a question, I answer a related but different question and both sides end up being frustrated. So, you know, take the time, listen to each other. Uh, at the end of the day, they're going to be neighbors. There's not that much up there and much better to have good neighbors than hostile neighbors. But, thank you very much for your presentation.

Anyone else? All right. Um I I I just say I too can make the findings. I I do think it's important when we make the findings to, you know, and and in the package it talks about um that, you know, whether something would be um a a special privilege like somebody could ask for something that's, you know, way way out of off the fairway. And if for some reason we did that without any precedent or any reason behind it, that would look funny. It would say, why are you doing that? So, we try really hard to make sure and to just be open that this is not a special privilege. This is what other people are getting the benefit of. Um, it doesn't mean that everybody agrees, but that's what we do and that's what each one of us individually has to do. So, I'm prepared to do that. So, at this point, uh, unless there's anything else, if someone could propose a motion, um, I'm ready to move forward.

Or can I get a motion? Um, I'll make the motion. It's fine. Thank you. I I I move that we adopt the staff recommenda staff staff report recommendations and find the project exempt from SQA adopting PC resolution 2025-09 uh approving the project subject to conditions second. All in favor I

uh any opposed? Okay, motion carries 5-0. All right. Um you all are welcome to stay. We're going to go on to the rest of the meeting. So, thank you for for those who are here. Uh, with that, what do we have next? Other business. Hold on. Let me just make sure. Uh, no new business. Other business. Arc volunteer. Do we still need someone for Halloween? Do they have to dress up? Yes. And yes. All right. But since it's Zoom, I think you could just turn on a filter. Yeah. I I I I can do it. All right.

I saw 9:30 for a second. I thought I was like, "Oh, no. Halloween." But yeah, 9:30. And sir, um, just because they just stepped out, I want to make sure you get a chance to talk to them. Okay. Because Okay, we're done with all that business. Okay. Just want to Okay, we've still got a few mention that there's an appeal period. Uh, yeah. Is there appeal period? Is there appeal period for what we just um Yes. 14 day 14 days it can be appealed. There is a a 14-day appeal period. I'm saying that to the whole room. Um so just be aware of that. All right. Uh commissioners reports.

We don't have a volunteer phone. Yeah, we do. Oh, thanks. Thank you. Um, no commissioners report, planning director's report.

Uh, just a reminder that we do have an ADU accelerator program which is ongoing uh for about two years now. We have reduced impact fees uh city impact fees uh by 50% and that will persist through next year. um as well. Um I think you can unlock up to $15,000 per edu accessory dwelling unit um through a one-time grant from the state through Senator Glazer's office. Um and I think we have one or two other programs u which are ongoing. So uh please visit loveafia.orgu org/adedu and they will be you you can um see all of the accelerator programs which are currently running. Um the there's a subcommittee of design review commissioners working with the consultant Lisa Wise Consulting on phase two of of the objective standards. So that's ongoing in the background in in a series of weeks slash a couple um months. We'll be bringing that forward to the planning commission and full design view commission as well. Um and then you may have heard out there that Abag um MTC, the Metropolitan Transportation Commission has uh adopted Plan Bay Area 2050. And as a means of implementing that vision, um one of the the um components is to reduce greenhouse gases. Um the the MTC board has uh adopted the TOC which is transitoriented communities and so that

is a as a policy as well known I think in short it is uh about put more things near transit you know increase density around transit allow more walkability try to increase increase uh station access um and you'll reduce uh vehicle trips and increase ridership and so in that is being promulgated in the form of TOC um compliance implementation and uh we have every jurisdiction in the Bay Area is going through trying to understand what those rules are the the um rubric, the metrics, and there is a continued response. When is this going to effect? It it'll be early next year sometime um where we will have to demonstrate compliance. Uh the MTC board will have a retreat this week uh to discuss TOC and implementation. Some of the feedback they have received um is that it's it's yet another level of regulatory framework which doesn't necessarily conflict with but doesn't necessarily align with city's adopted housing elements SB79 and a and a host of other uh things which are ongoing. it it further complicates um things in a lot of ways. And so um other feedback has included rather than making the these very lofty goals and you know having an F a fluorary ratio

for commercial of four which is like a 65 foot height limit. um making make less making about compulsory in order to have access to OAG grant fundings, one Bay Area grant funds um which the city has received about $4 million over the last four or five years um to make it more incentive based um rather than so more carrot less stick. And so, uh, we will continue to lean in and monitor and try to understand to the best of our ability and and we'll bring that forward to, uh, the planning commission and and city council at the appropriate time when we have some more definitive answers. Oh, questions. uh how does that or does it affect uh downtown or within the half hour uh lighting because you know late at night you know that can be a component of walkability you're coming back from Bart Lake correct you couldn't agree more um in the hundreds of pages of materials I have not seen the word lighting yet but I will take that back and uh plug it in and see see if there's anything around that it it I don't believe it gets that granular but um that's a great note. Thank you.

Because that can affect how we look at a project. Agreed. Thank you. It's more the stick right now. And and I'll just note lighting is part of SEPTED and and safety all around. You can have adequate or or substantial lumens but how they are delivered and the orientation of the fixture and the exposure of the fixture rather than lighting surfaces it is outward um like a goolog. Uh so uh the the the design matters not just uh the illumination level

the foot candles. So 2050 has been out for a while right so this is finally looking into detail of one of the programs within 2050 or what's that connection? Um, I'll say it is it's the manifestation of planaria 2050 as it meets grant funding OAG grant funding. That's what it is. So, in order to have access to certain pots of money, makes sense. You need to demonstrate compliance with TOC. Okay.

Thank you. Um, if nothing else, I think we're adjourned. Thank you. Thank you.