Loading...
HomeMy WebLinkAbout01-24-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: January 24, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Siegfried, Commissioners Burger, Harris, Tappan, Tucker and Moran. Commissioner Kolstad was absent. Pledge of Allegiance: Approval of Minutes: Minutes of January 10, 1990: 'Commissioner Burger noted that on page 13 in the paragraph beginning "Commissioner Burger stated" the sentence should read "the Planning Commission is dealing with a large lot with extremely large setbacks." Commissioner Harris noted on page 11 the paragraph on the vote should read "Kolstad/Harris moved denial of DR-89-114 without prejudice." Commissioner Harris also noted on page that 6 Mr. Kohler's first name is Willem. Commissioner Moran noted on page 15, the second to the last paragraph should read "Commissioner Moran suggested taking out both window extensions". HARRIS/BURGER MOVED TO APPROVE THE MINUTES OF JANUARY 10, 1990 AS AMENDED. Passed 6-0. ORAL COMMUNICATIONS: None. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this Meeting was properly posted on January 19, 1990. Technical Corrections to Packet Material: Planning Director Emslie indicated it was noted in the packet that the drawings for the Chang application for Item 15 on the Public Hearing Calendar agenda were not received in time to be distributed in the Planning Commission packet but were distributed to the Planning Commission PLANNING COMMISSION MEETING Page 2 January 24, 1990 Technical Corrections to Packet Material Continued as soon as they were received. Mr. Emslie commented that the proper procedure, if any CommisSioners felt they did not have sufficient time to review the plans, would be to continue the item to February 14. Several Commissioners indicated they did not receive the drawings and would ask that the item be continued. Chairperson Siegfried indicated he would bring the item up later in the meeting when the Changs were present. PUBLIC HEARINGS CONSENT CALENDAR: 1. V-89-035 Gill, 13935 Saratoga Ave., request for variance approval to reduce the required rear yard setback of 45 ft. to 37 ft. to facilitate construction of an addition to an existing home in the R-i-20,000 zone district per Chapter 15 of the City Code (cont. to 2/14/90 at the request of the applicant). 2. DR-89-116 Blackwell, 21357 .Diamond Oaks Ct., request for V-89-051 design review approval to construct a new 5,454 sq. ft. two-story home within the NHR zone district per Chapter 15 of the City Code. Variance approval is requested to allow the home to be built on a greater than 30% slope, and to exceed the allowable floor area for this site (cont. to 2/28/90 for further geologic review). 3. DR-89-100 Briggs, 20540 Komina Ave., request for design review approval for a two-story addition to an existing one-story single family dwelling in the R-l-10,000 zone district. The total proposed floor area including proposed detached garage is 3,002 sq. ft. (cont. to 2/14/90). 4. DR-89-106 Guilardi, 15410 Pepper Ln., request for design review approval to construct a 419 sq. ft. first floor and a 1,949 sq. ft. second floor addition to an existing one story home for a total floor area of 6,931 sq. ft. in the R-i-40,000 zone district per Chapter 15 of the City Code (cont. to 2/14/90). 5. DR-89-039 Pearce, 14857 Bohlman Rd., request for design review approval for a new 7,570 sq. ft. one-story single family dwelling in the HC-RD zone district per Chapter 15 of the City Code (cont. from 1/10/90). PLANNING COMMISSION MEETING Page 3 January 24, 1990 PUBLIC HEARINGS CONSENT CALENDAR Continued 6. DR-89-099 Sullivan, 13370 'Pierce Rd., request for design review approval for a new 7,560 sq. ft. two-story single family dwelling in the NHR zone district per Chapter 15 of th~ City Code (cont. from 1/24/90). 7. LL-89-008 Allison, 20700 Saratoga Hills Rd., request for lot line adjustment approval to transfer 25,395 sq. ft. from Parcel B to.Parcel A in the R-i-40,000 zone height per Chapter 14 of the City Code. 8. DR-89-117 Sato, 21282 Tollgate Rd., request for design review approval to construct a 550 sq. ft. second-story addition to an existing single story residence within the R-I-40,000 zone district per Chapter 15 of the City Codel A first floor addition and an exterior deck are also part of the application. Chairperson Siegfried requested removal of Public Hearings Consent Calendar Item 6. HARRIS/TUCKER MOVED APPROVAL OF CONSENT CALENDAR ITEMS 5, 7 AND 8. 6. DR-89-099 Sullivan, 13370 'Pierce Rd., request for design review approval for a new 7,560 sq. ft. two-story single family dwelling in the NHR zone district per Chapter 15 of the City Code (cont. from 1/24/90). Chairperson Siegfried said he requested removal of this item in order that he might abstain, as he lives across the street from the property. Commissioner Tucker chaired the .meeting; the Public Hearing was opened at 7:40 p.mo The architect for the property addressed the Planning Commission. He said the concerns brought up at the last meeting regarding the tree next to the tennis court were addressed. They were able to move the tennis court 10 ft. from the tree, and it does not appear to change any of the grading in that area. The other issue was the distance between the proposed home and the home next to it. He said the Applicant is willing tobuild some type of fencing or to do extra planting in that area. There are oaks trees that screen the two properties° The open fence along Pierce Road was deleted from the plans for the present in order to work on a design. HARRIS/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:43 P.M. Passed 5-0. PLANNING COMMISSION MEETING Page 4 January 24, 1990 PUBLIC HEARINGS CONSENT CALENDAR 'Continued HARRIS/MORAN MOVED TO APPROVE DR-89-099 PER THE MODEL RESOLUTION. Passed 5-0. Chairperson Siegfried resumed chairing the meeting. PUBLIC HEARINGS: 9. DR-88-102 Pool, 20334 Thelma Ave., request for design review approval to construct a 736 sq. ft. second floor addition to an existing one-story home for a total of 3,481 sq. ft. in the R-l-10,000 zone district per Chapter 15 of the City Code (cont. from 12/13/89). Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990.. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 7:48 p.m. Mr. Frank Wall, Architect, addressed the Planning Commission. Mr. Wall said it appears the area:noted in the staff's summary is larger than the home actually would be even with the second story added. He indicated the area is not 3,481 sq. ft. but is 3,060 sq. ft. Mr. Brian Pool, Applicant, addressed the Planning Commission. He indicated there has been a lot of misunderstanding on this project, some of which was done by the Applicant and the Applicant's agents. Those corrections were made with the help of the architect to ensure compliance with the technical problems. Mr. Pool described the plans for the project. Mrs. Isabel Pool, Applicant, addressed the Planning Commission. She stated her family's history of living on the property and described the proposed plans for the property. She said the neighbors on both sides are in favor of the plan and requested that the Planning Commission take into consideration how difficult it is to live in a house that is not adequate for their needs. Mr. Michael Berry, 20333 Thelma Ave., addressed the Planning Commission. He said he has no objection to the proposed plans. He views the proposal as a resolution to the Pool's problems and a welcome addition to the neighborhood as it would enhance the neighborhood. PLANNING COMMISSION MEETING Page 5 January 24, 1990 PUBLIC HEARINGS Continued Mr. Ralph Yonge, 20351 Thelma2 Ave., addressed the Planning Commission. He and his wife live across the street from the Pools. He said he has no objection to the second story. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:01 P.M. Passed 6-0. Commissioner Harris indicated she would vote against the proposal. She said her recollection is that when the application was before the Planning Commission, it was suggested the house be expanded as a one story house, and she still thinks that is the best way to go. Commissioner Harris stated the structure, as it looks now, is quite attractive from the front but from the left side she finds that it is just one massive wall that goes up the entire height of 22' 7" and finds that undesirable for this neighborhood. Commissioner Burger concurred with Commissioner Harris' comments. Commissioner Moran also concurred with Commissioner Harris ' comments and said she will not be able to support the staff recommendation at this time. TAPPAN/TUCKER MOVED TO APPROVE DR-88-102 PER THE MODEL RESOLUTION. NO ACTION TAKEN ON ROLL CALL VOTE: AYES: Commissioners Tappan, Tucker and Siegfried NOES: Commissioners Burger., Harris and Moran ABSENT: Commissioner Kolstad DR-88-102 was continued to February 14, 1990 at the request of the Appl i cant. Chairperson Siegfried moved the agenda to item 15. 15. DR-89-121 Chang, 12500 DeSanka Ave., request for design review approval to construct a 438 ft. first floor and an 815 sq. ft. second floor addition to an existing one-story home for a total of 2,907 sq. ft. in the R-1-10~000 zone district per Chapter 15 of the City Code. Chairperson Siegfried informed Mr. and Mrs. Chang that several Commissioners did not receive the plans for review prior to the meeting and requested that the item be continued to February 14, 1990. There was no objection to the continuance. Chairperson Siegfried moved the agenda to item 10. PLANNING COMMISSION MEETING Page 6 January 24, 1990 PUBLIC HEARINGS Continued 10. V-89-033 Matsuura, 21536 Saratoga Heights Dr., request for variance approval to allow an open 5 ft. tall fence within a required front yard in the NHR zone district per Chapter 15 of the City Code. Variance approval is also requested to enclose the remaining portion of this parcel with open wire fencing in a hillside zoning district which only allows a 4,000 sq. ft. maximum area of enclosure (cont. from 12/13/89). Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. The Public Hearing was opened at 8:05 p.m. Dr. Ron Matsuura, Applicant, addressed the Planning Commission. Dr. Matsuura cited another incident, which he feels was racially motivated, where someone entered=his property . He indicated he also has had incidents of people coming up to the back of the property. Ms. Sachi Tariguchi, 21503 Saratoga Heights Drive, addressed the Planning Commission as President of the Homeowners Association. She circulated a list of suggestions and expressed appreciation for the opportunity to let the views'of the homeowners in the area be known. Ms. Tariguchi said she spoke to about 21 out of 33 individual owners in the area and received the following suggestions: - The Homeowners Association members shall present all fencing plans to the Board of Directors prior to requesting a permit with the City and prior to installation. - All fencing in front yards, including exterior side yards, shall be accompanied by adequate complementary landscaping especially facing the street. - Five or six foot fencing in front yards and exterior side yards should be permitted if it is complementary to all existing structureS. - The homeowners find that the 3 foot limit in the hillside areas are not appropriate.. If the property is elevated from the street 3 feet almost looks minuscule. Also, if the fencing is done for protection or security or to prevent wild animals from coming onto the property 3 ft. does nothing. PLANNING COMMISSION MEETING Page 7 January 24, 1990 PUBLIC HEARINGS Continued - Acceptable materials as per the City Fencing Ordinance shall be used. - Planning staff asked if the residents would all like to conform to one type of fencing. The majority said they would not like to limit all of the homes in the hillside area to that one type of fencing especially because of the many different types of architecture there now. - The maximum area of enclosure permitted should be based on the size of the lot and visual impact upon adjacent lots or adjacent.street areas and that the fencing should not exceed 60% of the total lot size. The homeowners had difficulty coming to any conclusions on setbacks because some of the homes are as close as 20 ft. from the street and some about 150 ft. Ms. Diane Ferran, 21531 Saratoga Heights Drive, addressed the Planning Commission. Ms. Ferran indicated the existing fence is very becoming. She stated that in some instances fencing is necessary and if done properly is very desirable. She cited several occasions when incidents occurred at the Matsuura property. Ms. Marie Rose Gaspar, 14754 Pierce Road, addressed the Planning Commission. She said she is in favor of fencing and feels that it is necessary in the area because of security problems which have been evident for many years. She cited several incidents which occurred in the area of her property. Ms. Gaspar indicated, however, that applicants should go through the process to obtain fencing. Mr. Saffarin, 21757 Congress Hall Lane, addressed the Planning Commission. He said he is in favor of fencing but there is a need to have some access for the fire department in case of emergency. BURGER/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:23 P.M. Passed 6-0. Commissioner Burger cited the Applicant's proposal is to enclose about 35,000 sq. ft. in the rear yard. She stated the policy has been to keep the hillsides as open as possible and cited the 4,000 sq. ft. limit on enclosing hillsides. Commissioner Burger said she feels enclosing 35,000 sq. ft. of the back yard is excessive and will have to be cut down, as far as she is concerned, to comply with the ordinances as they exist today. As far as the front yard is concerned, Commissioner Burger indicated Dr. Matsuura's comments PLANNING COMMISSION MEETING Page 8 January 24, 1990 PUBLIC HEARINGS Continued lead her to the conclusion that, despite the 6 ft. fence, there are still security problems and the fence has not solved these problems. She said she has given a lot of thought to this situation since the last meeting and feels that the process was not adhered to as the fence appeared without benefit of permit and also appeared in the City right of way. Because of these reasons, Commissioner Burger stated she cannot vote in favor of the fence in the front yard either. She does believe that this subject should be addressed and cited the suggestions of the Homeowners Association. Commissioner Tappan said he has,sympathy for the Applicant and understands the Applicant's desire to secure his property and protect his family. In light of that, he will not have trouble making the finding for the variance in this case. He did indicate, however, that he has trouble with the rear yard enclosure and requested to hear comments of other Commissioners. Commissioner Tucker stated she' too is sympathetic with the Applicant, but she is having a hard time with this not being a special privilege because of the fact that cars pull up on property all over Saratoga and a fence is. not a solution to that problem. She also questioned whether the Applicant has a security system; the Applicant responded that he did. Commissioner Moran said she has a problem with dealing with this as variance. She feels it has not solved the problem and probably will not solve the problem of racially motivated attacks and verbal attacks. She indicated she is not in favor of dealing with fencing for any reason and is delighted to see the suggestions from the Homeowners Association because she feels that is the direction the Planning Commission should be moving in. At this point she would not support the variance. = Commissioner Harris concurred with Commissioner Moran's comments and said she has a problem with' fences in front yards that are higher than 3 ft. She also said she feels this is too large of an area to be enclosed. Chairperson Siegfried stated he likes the wrought iron fence in the front yard. He feels it is a very attractive feature, does not have trouble with that kind of a feature in the hillsides per se and could make a finding on the wrought iron fence even though it was constructed without a permit. He said he does share the concern of the other Commissioners in terms of the enclosure of the rest of the property although it'is only slightly more than 60%. He suggested continuance of the item so that the entire issue of fences in the subdivision could be addressed. PLANNING COMMISSION MEETING Page 9 January 24, 1990 PUBLIC HEARINGS Continued Commissioner Burger reiterated that her argument is not that the fence is unattractive, but she is bothered that there is a permit process in place and these are the kinds of things that happen when it is not adhered to. Chairperson Siegfried suggested that the matter be left as it is pending trying to get some overall plan for this subdivision. Planning Director Emslie stated .that an ordinance is before the City Council, and this item should be continued until July because it will take at least that long for the process to be completed. TAPPAN/MORAN MOVED TO CONTINUE V-89-033 TO JULY 11, 1990. Passed 6-0. 11. TR-89-193 Eubanks, 18650 Kosich Dr., appeal of an administrative decision to deny a request to remove an ordinance sizeprotected tree per Chapter 15 of the City Code in the R-l-10,000 zone district (cont. from 1/10~90). Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 8:40 p.m. Mr. Earl Eubanks, Applicant, addressed the Planning Commission. He stated that in his preliminary request to have the tree removed, there was a comment made about debris and problems related to debris. Mr. Eubanks reported that damage has occurred to three vehicles parked under the tree. He has a small garage in the back of the lot and would eventually like to remodel it into a family room and put in a two or three car garage in the approximate location of the tree. He circulated photographs of a tree of the exact height of the tree on this .property which is located on his wife's family's residence. These photographs show extensive damage from a typical winter storm from the tree. He said that nearly every winter he has to go out in the middle of the night to move his vehicles across the street. Mr. Eubanks indicated that branches from a severe storm have broken off of the tree and have gone into the street. He stated'the tree creates an environment where he feels unsafe on his property. TAPPAN/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:49 P.M. Passed 6-0. PLANNING COMMISSION MEETING Page 10 January 24, 1990 PUBLIC HEARINGS Continued Commissioner Tappan stated he sympathizes with the Applicant, however, he could not vote to approve removal of the tree. Commissioner Tappan stated that to live in a heavily wooded area such as Saratoga there are sacrifices to be made such as the inconvenience of having to move vehicles. TAPPAN/HARRIS MOVED TO DENY APPEAL OF ADMINISTRATIVE DECISION ON TR-89-193. Passed 6-0. Break 8:50 p.m. - 9:05 p.m. 12. UP-89-002.1 Shannon, 12840 Saratoga-Sunnyvale Rd., request for modification to a previously approved use permit to operate a dog and cat veterinary hospital at the Saratoga Oaks Center within the C-N zone district. The applicant would now like to extend the hours of operation, limit the use permit to a cat hospital only, and provide overnight cat boarding. Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. Mr. Emslie reported that, contrary to the Staff Report, the Applicant is not requesting change to the use permit to include only cats. The Applicant desires to retain the dog and cat portion of the use permit but has indicated she will receive and treat only cats. The Public Hearing was opened at 9:08 p.m. Dr. Lynn Shannon, 12840 Saratoga-Sunnyvale Rd., Applicant, addressed the Planning Commission. Dr. Shannon read letters from adjacent neighbors supporting the. Applicant's request. She noted the Planning Commission's concern regarding extending the hours for the hospital and the possibility of having dogs added to the practice. Dr. Shannon suggested that a clause be added to the use permit stating if dogs were ever' added to the practice then the hours would revert back to 8 to .6 Monday through Saturday and a yearly review would be required.~ BURGER/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:16 P.M. Passed 5-0. Commissioner Burger noted that to her knowledge there have been no complaints regarding the hospital. She indicated that staff's recommendation regarding the hours is appropriate and would not be against inserting a clause that if any dogs were treated at the hospital the permit would revert. back to the hours as they now exist. Commissioner Burger also stated she would vote for the boarding with a review at an appropriate time. PLANNING COMMISSION MEETING Page 11 January 24, 1990 PUBLIC HEARINGS Continued Commissioner Tappan said that he,. too, has heard of no complaints against the hospital and would be in favor of the proposal with a six-month review of the use permit. Commissioner Moran agreed with Commissioner Tappan's comments. Commissioner Tucker stated she would defer to the other Commissioners as she is not knowledgeable about cats but would like to review the use permit in six months. HARRIS/TAPPAN MOVED TO APPROVE UP-89-002.1 WITH THE CONDITION THAT THE HOURS BE 6 A.M. TO 9 P.M. SEVEN DAYS A WEEK; THAT ONLY WELL CATS BE BOARDED; IF AT ANY TIME THE APPLICANT WISHES TO HAVE DOGS BOARDED OR CARED FOR THE PERMIT WILL REVERT BACK TO THE PRESENT CONDITIONS; AND THAT THE PERMIT WILL BE REVIEWED BY THE PLANNING COMMISSION IN SIX MONTHS. Passed 6-0. 13. UP-88-010 Cupertino Union School Dist., owner;/Primary Plus, applicant; 12211 Titus Ave., review of Primary Plus Preschool Use Permit by the Planning Commission to ensure compliance with all City requirements. The review is required at 4-month intervals for the school's first year of operation. Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. Mr. Emslie circulated photographs submitted by adjacent neighbors showing the problem with parents utilizing Titus Avenue as a loading zone and turning on the road. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 9:34 p.m. Mr. George Plumbly, Director of Asset Management for the Cupertino School District, addressed the Planning Commission regarding the parking issue. He indicated that most of the excess parking is by the public school portion of the Primary Plus operation. The administrative difficulty regarding the parking lot has been resolved and the school district is prepared to go to bid for an additional 30 parking places on-site and to make a modification in the drop-off area which would be eight parking places in length. Ms. Carol Freitas, Primary Plus, addressed the Planning Commission. She stated when the Land Use Committee visited the area at 3:30 p.m. they viewed the typical parking pattern of Primary Plus. She indicated that parents are coming.and going every few minutes all day long'between 6:45 a.m. and 6:00 p.m. PLANNING COMMISSION MEETING Page 12 January 24, 1990 PUBLIC HEARINGS Continued Mr. Chris Taaffe, 12198 Titus Avenue, addressed the Planning Commission. Mr. Taaffe noted that at 3:30 p.m. there is only Primary Plus at the location and the problem manifests itself when the alternative program and Primary Plus are involved at the same time. He said that typically when he leaves his home at 8:00 a.m. the parking lot is jammed, there is a constant flow of traffic in and out of the parking lot, cars are dodging one another, and he cannot get out of his driveway for approximately 10 minutes. He said people do park up and down the street, quite often in front of his mailbox. He said he would hope that the Planning Commission will continue to review this problem. He submitted additional photographs showing the parking Outside of the school grounds as well as parking on a day when an'event occurred at Primary Plus. Mr. Taaffe stated the neighbors who live on Titus are very concerned. They do not want to inhibit good, worthy programs in the City but merely want to eliminate the source of any traffic flow and parking problems that presently exist. Mr. Andy Bogard, 12022 Titus Avenue, addressed the Planning Commission. Mr. Bogard indicated that in the mornings at around 8:30 the traffic is tremendous. He said there are 20 or 30 cars in a five-minute period of parents trying to get their children to school on time. He said making a left turn out of the parking lo~ is particularly hazardous because of the lights at Miller and Johnson, and there is not much time to turn left. He suggested that during peak hours allowing right turns only from the parking lot might be the answer to that problem. The neighbor at 12154 Titus Avenue addressed the Planning Commission. He expressed concern.at seeing parents removing their children from the street side of their cars. He said he would like to see a monitor to stop parents from doing this. Ms. Betty Jo Stewart, 12517 Palmtag, addressed the Planning Commission. She lives on the route that many children take to go to Lynbrook High School and Miller Junior High School and that needs to also be considered in the traffic pattern. Mr. Taaffe stated that it is very'difficult for his child to cross the street in front of his house and reiterated that the parking and traffic problems need to be resolved. Ms. Sheila Goldstein, 12041 Country Squire Lane, addressed the Planning Commission. She said she saw an advertisement for Primary Plus indicating that school begins at 6:30 but it was her understanding that school was to start at 6:45 a.m. PLANNING COMMISSION MEETING Page 13 January 24, 1990 PUBLIC HEARINGS Continued Ms. Freitas indicated that Primary Plus has five locations and it has never been advertised to have this particular school open at anything but 6:45 a.m. ~ BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 9:57 P.M. Passed 6-0. Commissioner Harris expressed her~concern about the parking problem and indicated every effort must be made to move the parking from Titus Avenue. she stated the possibility of having access directly off of Prospect and coming into the back of the school and perhaps having some parking in the field was originally discussed and requested that the possibility be left open in order to try to solve the problem. Commissioner Harris also indicated she was in favor of Mr. Bogard's suggestion of having no left turn onto Prospect. In response to questions from Commissioners, City Attorney Toppel indicated that the no left turn would be within Saratoga's jurisdiction. When traffic issues arise, the City Council would normally refer the problem to the Public Safety Commission for study and recommendation and the action would have to come from the City Council. The Planning Commission could submit a request to the City Council. Commissioner Burger indicated she would like to see the no left turn and would like to review the new parking to see if it works out. She said it is her feeling the new parking may not be enough. Commissioner Burger stated she would like to see added to staff's recommendation that it must be made clear to the parents that they are not to use Titus for passenger loading and it should be made clear that there are to be no U-turns on Titus for any reason. Commissioner Tappan stated his 2belief that the school should instruct the staff to inform parents about loading zones, restrictions with respect to parking on Titus, and U-turns. He said .he is in favor of the no left turn onto Prospect and the neighbor's suggestion regarding aSmonitor. Commissioner Moran questioned the possibility of having a staff person accept students at the green curb and the parents could go through the parking lot and leave, making their U-turn in the parking lot. Ms. Freitas responded that the two schools should be separated. She said the majority of the children arriving during the times pointed out as a problem are not Primary Plus students but Christa McAuliffe students. She also indicated that the State would not PLANNING COMMISSION MEETING Page 14 January 24, 1990 PUBLIC HEARINGS Continued allow the Primary Plus staff to take the children from the cars because the State procedures require that the parents must go into the School, the child looked at for health clearance and signed in inside the school. In response to a question from Commissioner Tappan, Mr. Plumbly stated it is anticipated the parking will be completed in about mid-April. Commissioner Tappan stated he is in favor of the idea of exploring a monitor and a general policing must go on which is the responsibility of the school district and the staff of Primary Plus. It must be made clear to parents how to behave when dropping their children off in the mornings. In response to a question from Commissioner Harris, City Attorney Toppel stated a requirement for a monitor can be imposed indirectly through Primary Plus since if traffic cannot be handled Primary Plus would lose its use permit. Hopefully that would be the incentive for the school district to address the problem as it relates to their own children. The Planning Commission directed that staff prepare correspondence to the City Council requesting consideration of a left turn lane at Titus Avenue for certain peak hours. HARRIS/BURGER MOVED TO APPROVE UP-88-010 WITH THE CONDITIONS THAT STAFF HAS SUGGESTED CHANGING THE WORDING TO AN APPROXIMATE ADDITION OF 22 SPACES RATHER THAN 25; REQUIRING A MONITOR BE PRESENT DURING THE PEAK HOURS IN THE MORNING; REQUIRING PRIMARY PLUS TO PROVIDE A WRITTEN NOTICE TO PARENTS AS TO.THEIR BEHAVIOR IN DROPPING THEIR CHILDREN OFF AND PICKING THEM UP; AND INCLUDING A REVIEW OF THE PARKING SITUATION AFTER THE ADDITIONAL PARKING IS PROVIDED. Passed 6-0. Commissioner Tucker noted that staff has requested the Sheriff's Department monitor the a.m. and p.m. drop-offs and ticket drivers for illegal U-turns. She requeste~ an update on the results of the monitoring. 14. DR-89-109 McConnell, 19540 ~Saratoga-Los Gatos Rd., request SD-89-015 for building site approval and design review approvals to construct a 2,209 sq. ft. first and second floor addition to an existing two-story home for a total of 4,828 sq. ft. in the R-i-40,000 zone district per Chapters 14 and 15 of the City Code. PLANNING COMMISSION MEETING Page 15 January 24, 1990 PUBLIC HEARINGS Continued Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990'. Commissioner Moran reported on the land use visit. The Public Hearing was opened at 10:13 p.m. Mr. Curt Anderson, Architect, addressed the Planning Commission. He said the Staff Report was received the previous day and it was the first time it came to the attention of the Applicant that staff had concerns about the elevations. He indicated that in order to proceed with the project the Applicant would like to modify conditions 5, 15 and 16 to be subject to approval of the Planning Director. HARRIS/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:18 P.M. Passed 6-0. Commissioner Harris expressed concern regarding the parking for the second unit. Commissioner Burger indicated she is also concerned with the parking for the second unit. Commissioner Moran stated she would like to have a study session on this project. Her questions include the overhang, the design issues, the color issue and the garage. Commissioner Burger said she is not concerned with the color, the overhang or the brick and that those issues could be handled at the Planning Director approval level.' She indicated that unless the Planning Commission is reluctant to require the covered parking space as part of the second unit, she saw no reason that the Planning Commission could not vote approval on the proposal and require a covered parking space to go with the second unit. Mr. Anderson stated the Applicant.indicated he would be willing to allocate one of the spaces in the three-car garage for the second unit. Commissioner Tucker stated she did not think an older person would walk from the garage to the second unit especially in inclement weather. She said it is her feeling that the three-car garage would eventually be taken up for the people who live in the home. PLANNING COMMISSION MEETING Page 16 January 24, 1990 PUBLIC HEARINGS Continued Commissioner Moran stated that the windows on the side elevation seem to be designed more to fit in with the floor plan than with the outside of the house. Since the house is on a major street in the community, she expressed concern about the way the house looks. Commissioner Moran also indicated her desire that landscaping be required in the front. TUCKER/HARRIS MOVED TO APPROVE DR-89-109 AND SD-89-015 WITH THE CONDITIONS THAT A COVERED PARKING SPACE FOR THE SECOND UNIT BE ADDED AND THAT THE MODIFICATIONS FOR ITEMS 5, 15 AND 16 AND THE COVERED PARKING SPACE BE APPROVED BY STAFF. Passed 5-1; Commissioner Moran dissenting. 16. V-89-034 Feemster, 18800 Ten Acres Rd., request for variance approval to waive the 3 ft. height limit for fencing in the front yard setback in order to legalize an existing 6 ft. fence in the R-i-40,000 zone district per Chapter 15 of the City Code.. Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. Commissioner Burger reported on the land use visit. The Public Hearing was opened at 10:33 p.m. Mr. John Feemster, 18800 Ten Acres Road, Applicant, addressed the Planning Commission. Mr. Feemster said it was his understanding that the fence is legal. It was constructed as it was allowed in the application. He stated that about four years ago he inquired what would need to be done to level off some of the front of his property in order to expand his garden and was of the understanding that no permits would be required to make any of the requested changes. He said it now appears that his fence is not consistent with current ordinances but he thinks he has a fence that was right to begin with. Mr. Feemster indicated he strengthened the fence a few times after cars went through it. The latest addition to the fence was last year when a different stucco was put on. HARRIS/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 10:42 P.M. Passed 6-0. City Attorney Toppel stated he felt the issue is whether this was an existing fence. If it was an existing fence then the age would not matter as long as it was lawfully constructed prior to the date the regulations changed, which was March 20, 1987. He said his understanding of this situation is that the original fence is being PLANNING COMMISSION MEETING Page 17 January 24, 1990 PUBLIC HEARINGS Continued replaced by a new fence which is why it is before the Planning Commission. In response to a question from Chairperson Siegfried, Mr. Feemster stated that since March 1987 he has added stucco to the fence. In the beginning of 1987 the fence was about the same as it is now. None of the posts have been replaced. The grapestakes and ties have been replaced because of cars running into it. Commissioner Burger indicated if this is an existing fence, conforming or not conforming, and was simply upgraded she is willing to accept that as fact and there was no variance required. It was the consensus of the Planning Commission that no variance is required for the upgrading of the existing fence. 17. UP-574.2 Brookside Club of Saratoga, 19127 Cox Ave., request to alter swim start times to begin one hour earlier than the current use permit allows for three summer dates in the R-1-'10,000 zone district per Chapter 15 of the City Code. Planning Director Emslie presented the Report to the Planning Commission dated January 24, 1990. The Public Hearing was opened at 10:50 p.m. Chairperson Siegfried noted that each of the Commissioners has received a three-page letter signed by seven neighbors voicing their concerns and a petition in opposition to the change in hours and the sports court was also received. Mr. Daniel Hanley, Brookside Club of Saratoga, addressed the Planning Commission. He said the issue has been discussed for over a year and recommendations have been made by staff. He requested that the Planning Commission make a decision on this issue. Ms. Dee Askew, 12651 Saratoga Creek Drive, addressed the Planning Commission. Ms. Askew reviewed the events which have occurred over the past year regarding this issue. Ms. Askew stated that the neighbors feel Brookside is not providing the supervision to abide by Planning Commission rules and the only solution is to relocate the tennis back court and the basketball hoop or to eliminate them. It was suggested that since the opposite side of the club grounds has a large asphalt area that is unused it would be appropriate for this use. Mr. Bob Salutric, 12635 Saratoga Creek Drive, addressed the Planning Commission. Mr. Salutric stated he believes the level of PLANNING COMMISSION MEETING Page 18 January 24, 1990 PUBLIC HEARINGS Continued noise is growing at Brookside. He said his solution is close to the proposed solution. Because of the noise level and since there is no supervision along the fence, Mr. Salutric proposed that the rebound wall and the basketball hoop be moved onto the tennis court or to the asphalt area. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 11:10 P.M. Passed 6-0. Commissioner Burger indicated she is in agreement with all of staff's conditions and would also favor complete elimination of the sports court. Commissioner Harris agreed with qommissioner Burger's comments. BURGER/HARRIS MOVED TO APPROVE UP=574.2 WITH THE CONDITION THAT THE FENCE ALONG THE EASTERN BOUNDARY BE UPGRADED TO FORM A SOLID AIRTIGHT BARRIER; THAT A LANDSCAPING PLAN FOR THAT AREA BE PREPARED TO BUFFER THE RESIDENTIAL AREA; THAT THE TENNIS REBOUND WALL AND THE BASKETBALL STANDARD BE ELIMINATED IN THAT AREA; AND THAT THE DEBRIS IN THE CREEK AREA BE MONITORED. Passed 6-0. DIRECTOR'S ITEMS 1. Upcoming planning applications and projects. COMMISSION ITEMS COMMUNICATIONS Written 1. Heritage Preservation minutes from 12/6/89. 2. Committee-of-the Whole Report 1/16/90. 3. Memo from Engineering Dept. re: Traffic impact from Landtech Development Corp. subdivision on Mt. Eden Rd. Oral. ADJOURNMENT The meeting of the Planning CommiSsion was adjourned at 11:30 p.m~ Respectfully submitted, Rebecca Cuffman