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HomeMy WebLinkAbout07-25-1990 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTBS DATE: July 25, 1990 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Tucker, Commissioners Burger, Caldwell, Kolstad, Moran and Tappan. Commissioner Siegfried was absent. Pledge of Allegiance Approval of Minutes of July 11, 1990: Commissioner Burger noted in the second paragraph of page 5 that the third sentence should read "He further indicated that he discussed the fence with Mr. Gromiko after the last meeting and stated the fence could not be seen from Mr. Gromiko's property." On page 6 in the final paragraph, the fifth line should read: "However, Mrs. Chapin Can see the fence and it was her feeling .... " Commissioner Burger requested the.following be added on page 13 at the bottom of the page after the last sentence: " which clearly indicated her concern about the 15-foot side yard variance." On page 14 the fifth line should be amended to read: "She said the home is bulky and she understood..." and i'n the following line the' first three words should be eliminated. \ Commissioner Caldwell noted on page 7 in the second to the last paragraph in the last line "at the meeting" is repeated. On page 9 in the third to last paragraph Commissioner Caldwell requested that the tape be checked to clarify her comments. On page 13 the fourth line should read "requested staff to address". On page 16 the second line should read "make it clear that she made no statements". On page 20 Commissioner Caldwell requested the third -. paragraph be amended to read: "Commissioner Caldwell stated she was not even in favor of the billboard on the property and if given the option to make the decision on the 30 foot structure she would not deem that an appropriate use of the property." On page 24 in the second paragraph Commissioner Caldwell requested that the comments made by the City Attorney and Planning Director be included in the record. Commissioner Tappan requested on page 24 toward the bottom of the page after word "Kohler" the word "is" should be inserted. Commissioner Moran noted on .page.6 that David Hunt's address is 14684 Pike Road. 'PLANNING COMMISSION MEETING July 25, 1990 Page 2 Approval of Minutes Continued BURGER/TAPPAN MOVED TO APPROVE THE MINUTES OF JULY 11, 1990 AS AMENDED. Passed 5-0-1; Commissioner Kolstad abstained. ORAL COMMUNICATIONS: None. REPORT OF POSTING AGENDA: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 20, 1990. Technical CorreCtions. tO packet Material: Planner Walgren noted that the 'Planning Department received a letter regarding item 4 on the consent calendar from a neighbor directly across the street opposing the design review request for a two-story conversion. PUBLIC HEARINGS CONSENT CALENDAR: 1. SM-90-004 Morrison, 14170 Teerlink Way, request for site modification approval to construct a swimming pool and retaining walls on a site with an average slope exceeding 10% in the NHR zone district per chapter 14 of the City Code (cont. to 8/8/90 per request of applicant). 2. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design review approval to construct a new two-story 4,518 square-foot residence per Chapter 15 of the City Code. The subject property is located within the R-i-20,000 zone district and is part of Tract 6531 (cont. from 7/11/90)o 3. DR-90-020 Jue, 21903 Villa Oaks, request for design review approval to construct a new 5,716 Square-foot two- story single-family home in the NHR zone district per Chapter 15 of the City Code (cont. from 6/27/90). 4. DR-90-040 Eisenberg, 12091 Saraglen Dr., request for design review approval to construct a 676 square-foot second-story addition and 138 square feet of additional first floor area to an existing one- story, single-family residence in the R-l-10,000 zone district per Chapter 15 of the City Code. Commissioner Caldwell requested that item 2 be removed. PLANNING COMMISSION MEETING July 25, 1990 Page 3 PUBLIC HEARINGS CONSENT CALENDAR Continued Commissioner Burger requested that item 4 be removed. MORAN/KOLSTAD MOVED APPROVAL OF CONSENT CALENDAR ITEM 3. Passed 2. DR-89-078 Gallo, 20087 Mendelsohn Ln., request for design review approval to construct a new two-story 4,518 square-foot residence per Chapter 15 of the City Code. The subject property is located within the R-i-20,000 zone district and is part of Tract 6531 (cont. from 7/11/90). In response to questions from Commissioner Caldwell, Mr. Walgren responded that eight ordinance-size trees are proposed for removal and the City's consulting arborist reviewed the site and recommended that on this particular site thinning of trees would be beneficial for some of the other trees that would remain. Therefore, staff is recommendihg approval of the project as proposed. BURGER/KOLSTAD MOVED TO APPROVE DR-89-078 PER THE STAFF REPORT. Passed 6-0. 4. DR-90-040 Eisenberg, 12091 Saraglen Dr., request for design review approval to construct a 676 square-fOot second-story addition and 138 square feet of additional first floor area to an existing one- story, single-family residence in the R-l-10,000 zone district per Chapter 15 of the City Code. Commissioner Burger requested removal of this item because a letter was received stating some concern regarding the proposal. Chairperson Tucker indicated the letter was received from Mr. and Mrs. Swofford Who were opposed to the application. Mr. Walgren presented the Report to the Planning Commission dated July 25, 1990. In response to Commissioner Caldwell's questions regarding the bulk issue, Mr. Walgren responded that the original proposal had the second story addition located towards the front of the building. Staff worked with the applicant to have it shifted towards back of the site giving some relief to the front elevation. Staff felt that, combined with the small size of the proposed addition, the design review was acceptable. Mr. Walgren also stated the PLANNING COMMISSION MEETING July 25, 1990 Page 4 PUBLIC HEARINGS CONSENT CALENDAR 'Continued applicant stepped the building back significantly from the front elevation and was not willing, because of the small size of the addition, to step it back any more from the side. Commissioner Caldwell requested 'staff's response to the letter received from the Swoffords. Commissioner Kolstad stated that staff usually points out items of law and felt the Commissioners should make their own determination regarding the comments in the letter. Commissioner Caldwell responded she is looking to the expertise of staff with respect to the loss of~ view issue. The Public Hearing was opened at 7:50 p.m. The applicant, Mr. Blaine Eisenberg, 12091 Saraglen Drive, addressed .the Commission. He explained his reasons for the addition to the house. He said that the setbacks of the lot are such that there is no room to add.on to the first story so if they want to add the space it has to go up. They originally went with a plan that would go on top of the garage because that minimized the impact on the family during the development. Staff did not think that was a good plan so it was moved back and is 70 feet from the nearest neighbor at the front and rear directions. He said he talked to all of the neighbors and the Swoffords had originally said the addition was fine. One of the points discussed in their letter that has the most merit is the view issue. He circulated photographs and indicated that between his property and the Swoffords' property are two very large trees which he estimates to be 40 or 50 feet high. During the winter some of the leaves fall off the trees and when that occurs the Swoffords can look through the branches of the trees and see the hills, There. are trees around the perimeter of the yard and in the front of the yard so basically from the side there is no real impact to the neighbors. TAPPAN/BURGER MOVED TO CLOSE THE PUBLIC HEARING AT 7:59 P.M. Passed 6-0. Commissioner Tappan said he agrees with the applicant that many of the points in the Swoffords letter are immaterial and it sounds as if the Swoffords are more upset with the fact that there have been four or five different families in the home over a period of time. They make the point, in item 5 of the letter, that trees have been planted and, in terms of blocking the view of the hillsides, the trees are the culprits. He said he had trouble understanding the Swoffords point with respect to the proposal diminishing the value of their existing home. PLANNING COMMISSION MEETING July 25, 1990 Page 5 Commissioner Moran stated she. is inclined to agree with Commissioner Tappan's comments. ,However, she said she did value the views of the citizens of the community and felt it was her job to respond to those concerns. She indicated she would be willing to have the item continued to another time so she could look at the property. COmmissioner Burger said she had no objection to continuing the item although, in her opinion, it is not necessary. She agreed with both Commissioners Tappan and Moran and thought that perhaps the Swoffords feel the concerns raised in their letter are valid. She stated she thought staff was professional enough to have already considered these items when the application first came to them; and if they are not pointed out in the Staff Report, her assumption is that staff has considered them and found them to be nonexistent in terms of impact on the neighbors. 'Commissioner Burger said she is in favor of the application and would be ready to vote on it this evening unless it is the consensus of the Commission to continue the item. Commissioner Kolstad stated he believed there is no loss of value of the Swoffords' property in that it is not a view lot and an appraiser would give it no value for view. He said he is prepared this evening to vote for approval. Commissioner Caldwell said she has not seen the lot either so it is difficult to make a judgment on the view issue on the basis of the pictures. She indicated she would still like to hear from staff with respect to the overbuilding .and view issues as raised by the Swoffords. Chairperson Tucker stated she did visit the site and noticed there were, in near proximity, about six existing two-story homes and none of them wereadjacent to each other except at the beginning of Saraglen. She expressed concern that two two-story homes would be together and thought the Commission should take a look at the cumulative effect of this type of building. Since remodeling can have an effect on the neighborhood, she thought it would be a good idea for the Commissioners to look at the site.. She said she would be willing to vote on the application tonight if a majority of the Commissioners wished to do so but'felt the item should be continued in order for the other Commissioners to view the site. Mr~ Emslie reported that staff's analysis relied on the limited size of the second-story addition because it was not a complete addition over the full ground floor. He stated that perhaps the questions raised in the Swoffords' letter deserve specific investigation. Staff did not visit the Swoffords' house and did not look at windows or living areas where there may be concern about view blockage in order to assess that. The General Plan PLANNING COMMISSION MEETING July 25, 1990 Page 6 PUBLIC HEARINGS CONSENT CALENDAR Continued discusses maintaining view corridors and that can be achieved with the proper placement of second stories to allow views over remaining portions of the building. This may be the case in this instance. He said staff is comfortable with the limited size of the addition and the fact that it does not extend over the wide part of the buildings blocking large parts of views from across the street. CALDWELL/BURGER MOVED TO CONTINUE DR-90-040 TO AUGUST 8, 1990. Passed 5-1. Commissioner Kolstad was opposed. Commissioner Burger requested that staff schedule a land use visit for this property. pUBLIC HEARINGS: 5. DR-90-029 Calebotta, 14240 Paul Ave., request for design review approval to construct a 777 square-foot second story addition and 17 square feet of additional first.floor area to an existing one- story single family residence in the R-l-10,000 zone district per' Chapter 15 of the City Code. Commissioner Caldwell reported on the land use visit. Mr. Walgren presented the Report to the Planning Commission dated July 25, 1990. Staff recommended that conditions 7 and 8 be combined and that there be one condition stating that the second story window located on the south elevation at the far right and two upper story Windows on the north elevation shall be changed to obscure glass or clerestory type windows. These revised elevations would be approved by the Planning Director prior to zone clearance. Mr. Walgren also stated it does not appear there is a full six-foot setback shown in the plans and staff has added an additional condition that the applicant submit a site survey prepared by a licensed land. surveyor or registered civil engineer to verify the building location and setback shown. The Public Hearing was opened at 8:15 p.m. Mr. Scott Cunningham, 4275 Saratoga Avenue, appeared for the applicant. He said he worked with staff to keep the home in compliance with the design review ordinances. At Mr. Cunningham's request, Mr. Walgren clarified the staff recommendation regarding the windows. Mr. Cunningham stated that the type of windows staff recommends would pose light and.ventilation concerns since the Building Code requires that necessary light and ventilation requirements be met. Mr. Cunningham stated the concern on the PLANNING COMMISSION MEETING July 25, 1990 Page 7 PUBLIC HEARINGS CONSENT CALENDAR Continued north is that is primarily stark wall and it did impact the applicants. He said he is not sure the privacy issue is apparent there and the applicants would generally not be in favor of removing or obscuring those windows. Regarding the property on the south he said clarification of the side setback is difficult because it is so overgrown and it is difficult to walk down that side of the house at this time. Condition 9 requires landscaping to add four trees to that elevation which would make it virtually impossible to access that side of the house. He suggested that since the applicant is not moving or altering the wall or foundation along that wall that the applicant is willing to stick with the required compliance regardless of where the survey at the front defines the property line. Commissioner Kolstad expressed concern that .the lot width may be less than 50 feet but the applicant needs 50 feet 4 inches in order to allow for the addition. Mr. Walgren indicated staff is also recommending that condition 9 be removed because there is no room to plant anything. Also the condition for the windows on the north elevation, from staff's perspective, is more critical than the south elevation because the back of the building looks directly over the rear yard and deck area of the neighbor. TAPPAN/KOLSTAD MOVED TO CLOSE THE PUBLIC HEARING AT 8:26 P.M. Passed 5-0. Commissioner Kolstad said he agreed with staff regarding the windows and would not be in favor of voting this evening because the numbers regarding the plan need to be worked out. In response to Commissioner Burger~'s request, Mr. Walgren clarified staff's concerns regarding the second story windows on the north elevation. Chairperson Tucker stated she has concerns with the entire neighborhood. She said if larger homes are put in the neighborhood the character of the neighborhood would be changed. She complimented Mr. Cunningham on the sensitive design of the home but pointed out this would put three two-story homes in a row giving it a row effect of homes versus independent single-family units. There has been concern in the past over bulkiness of the homes on substandard lots and she believed the applicant Could get an addition to the home which could b~ done keeping it one story so it would not impact the neighborhood. as much. PLANNING COMMISSION MEETING July 25, 1990 Page 8 PUBLIC HEARINGS CONSENT CALENDAR Continued Mr. Walgren responded the applicant would have a little room to work with if the addition were kept to one story but may not be able to have an addition of the size requested. Commissioner Caldwell expressed concern regarding cumulative effects and the parking issue and asked if staff had any concerns about this proposal further exacerbating the negative impact of development in the neighborhood. Mr. Walgren responded that as far as the construction of the home the applicant is limited on setbacks in the front, rear and side as to where they can go. Staff felt this was a well-designed, sensitive two-story addition for this constrained parcel. Commissioner Burger said that in this case she prefers the second story. The second story is approximately one-third the size of the first floor of the home. There is minimal yard to work with both in the rear and the side and she expressed concern about an addition to a home that would eliminate use of the yard. She stated she would prefer to see Commissioner Kolstad's concern regarding the sideyard setback be addressed and some attention to the windows and the privacy impacts should be addressed. She said she would like to see a creative approach to the privacy problem and attention to the lot width problem. Commissioner Moran stated she was concerned about the neighborhood and the three two-story houses in a row. She agreed with Commissioner Kolstad's concerns. She did not feel a study session should be held on the six-foot issue unless additional information is made available. Commissioner Burger pointed out that the house is already there and there will not be any widening of the home. Mr. Emslie said the question is where the property lines are located. TAPPAN/MORANMOVED TO CONTINUE DRT90-029 TO AUGUST 22, 1990 WITH A STUDY SESSION ON AUGUST 14, 1990.. Passed 6-0. Break 8:45 - 9:00 p.m. 6. DR-90-027 Anderson, 20574 Komina Ave., request for design V-90-013 review approval to construct a 1,453 square-foot one and two-story addition to an existing one- story residence. Variance approval is also requested to allow the structure to encroach into a required front yard setback per Chapter 15 of the City Code (cont. from 6/27/90). PLANNING COMMISSION MEETING July 25, 1990 Page 9 PUBLIC HEARINGS Continued Mr. Walgren presented the Report to the Planning Commission dated July 25, 1990. He indicated the applicant was going to drop the fence that was originally proposed. In response to a question by Commissioner Moran requesting an explanation of the perceived setback, Mr. Walgren responded that when this was originally heard by the Commission the thought was that since the 10-foot right of way would never be developed, the Commission may be able to support the variance request if there was at least 25 feet from the edge of the pavement. Commissioner Moran expressed concern regarding the terminology of ',perceived setback". The Public Hearing was opened at 9:05 p.m. Dr. Arthur Anderson, 20574 Komina Avenue, addressed the Planning Commission. He said the neighbors are all in favor of the proposal and pointed out that four of the existing houses on Komina Avenue encroach on the setback. Dr. Anderson distributed copies of a Staff Report for a project approved at 20620 Komina Avenue in 1987. He described the plans for his home and circulated photographs of homes on Komina. Responding to a question asked earlier in the meeting, Mr. Ron Forsythe, Campbell, indicated that the square footage for the shed was not included in the square footage. Dr. Anderson described the shed. MORAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 9:18 P.M. Passed 6-0. In response to a question from Commissioner Caldwell, Mr. Walgren responded that if the measurements taken by the Anderson's agent are accurate an eight-foot variance would be required. Commissioner Caldwell questioned if it would be possible to remove eight feet from the work storage room and still maintain a usable space there and avoid the variance issue and the issue of perceived setback. Commissioner Burger stated she found the proposal acceptable at the last meeting and still finds it acceptable. Commissioner Kolstad said he did not see a problem with the proposal, was in favor of the fact the height was increased by two feet and did not have a problem with the shed. He said he could make the variance findings and was prepared to vote on the application. PLANNING COMMISSION MEETING July 25, 1990 Page 10 PUBLIC HEARINGS Continued Chairperson Tucker stated she was having difficulty making the variance findings and agreed with staff's initial report that there are alternatives to the site. Since there are alternatives, she said she could not make the variance findings and considered it a grant of special privilege. She felt the City should be more concerned over the easements and setbacks because the City is growing and those options should be kept open. KOLSTAD/TAPPAN MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION APPROVING V-90-013 DELETING THE FENCE AND THE STRUCTURE ABOVE THE FENCE. APPROVAL IS BASED ON THE FACT THAT THE YARD AND LANDSCAPING ARE A SPECIAL SITUATION AND BECAUSE THERE HAVE BEEN SIMILAR SITUATIONS IN THE NEIGHBORHOOD. THE SQUARE FOOTAGE FIGURES FOR THE SHED WILL BE INCLUDED AND THE GRANTING OF THE VARIANCE WOULD NOT BE A SPECIAL PRIVILEGE. Commissioner Moran said she was initially unenthuSiastic about this application but is now in favor of it. She was in favor of the roof height and noted the back yard landscaping presents a special situation. : The motion passed on a 5-1 vote; Chairperson Tucker was opposed. KOLSTAD/BURGER MOVED TO DIRECT STAFF TO PREPARE A RESOLUTION TO APPROVE DR-90-027.. Passed 5-1; Chairperson Tucker was opposed. 7. DR-90-018 Williams, 18396 Purdue Ave., request for design review approval .to construct a 747 square-foot second-story addition and 252 square feet of additional first'floor area to an existing one- story, single-family residence in the R-l-10,000 zone district per Chapter 15 of the City Code. CommissiOner Burger reported on the land use visit. Chairperson Tucker noted receipt 'of a letter opposing the application. Mr. Emslie presented the Report to the Planning Commission dated July 25, 1990. The Public Hearing was opened at 9:40 p.m. Mr. MoUltrup, 5976 Starwood Dr., appea~ed for the applicant. He indicated the proposal was discussed with the neighbors and there was positive support from the neighbors. He said the applicant was agreeable to staff's recommendation for use of horizontal siding° PLANNING COMMISSION MEETING July 25, 1990 Page 11 PUBLIC HEARINGS Continued MORAN/TAPPAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:45 P.M. Passed 6-0. Commissioner Caldwell expressed Concern regarding a paragraph in the resolution which states that future upgrading of the area should not cause an overbuilt appearance on the existing substandard lots. She pointed out that what was evidently meant by the statement was "future upgrading of this kind". She said she finds it difficult to base a decision on this kind of statement where the Commission has no clue what future actions will be taken in the neighborhood and may not have any control over the type of upgrading that takes place at a future date. City Attorney Toppel stated the Commission's findings did not have to go beyond this site and the resolution could indicate that this improvement does not result in an overbuilt appearance. Commissioner Burger agreed with Commissioner Caldwell's comments. Commissioner Kolstad noted that 'this house is the first in the neighborhood for transition. He stated the Commission attempts to control the one story homes in the neighborhoods and was shown by the City Council that was not necessarily the direction that the Commission should follow. Commissioner Kolstad said that with that in mind the Commission should approve such proposals until such time that the Council provides a different direction. Commissioner Burger agreed . with Commissioner Kolstad ' s understanding of the Council's direction and said she found this particular design sensitive and a good approach to the question of second-story additions Of neighborhoods. She in~dicated she would like to see horizontal siding rather than vertical and requested that be included as a condition~ She said she could vote for approval of the proposal. ~ Commissioner Moran stated she found the design to be massive and bulky and would like to see some of the design element toned down. Chairperson Tucker said she visited the site and noted the neighborhood does have a certain= character and is all one-story homes except for one home. She pointed out the neighborhood is one listed in the General Plan as one of modest homes. sh.e stated the trend appears to be that home are being built out to the maximum in the neighborhoods and indicated other cities are experiencing a backlash from allowing this type of situation to happen in their cities. She did not feel the design of the home belongs in this neighborhood and finds it difficult to change the character Of this neighborhood. PLANNING COMMISSION MEETING July 25, 1990 Page 12 PUBLIC HEARINGS Continued Commissioner Tappan said he was not against a two-story home in this neighborhood but did not find the design of the home to be pleasing. He felt it was bulky and would call undue attention to itself in the neighborhood. Commissioner Caldwell stated she was not set against some type of two-story design but agreed with Commissioner Tappan that this would "stick out like a sore thumb" in this neighborhood. She stated she would be amenable to l~oking at other designs. Commissioner Kolstad indicated that after Commissioner Tappan's comments he was leaning towards a more modest look. In response to a question from Commissioner Caldweil regarding exploring designs for a one-story addition, there was discussion and general consensus that the .Commissioners were in favor of entertaining alternative designs for a two-story addition. MORAN/TAPPAN MOVED TO CONTINUE DRi90-018 TO AUGUST 22, 1990 WITH A STUDY SESSION ON AUGUST 14. Passed 6-0. 8. FE-90-001 Parker Ranch Homeowners Assoco, Tr. 6526, request for exception from the hillside fencing ordinance regarding the 4,000 square-foot maximum area of enclosure. The request was made by petition of more than 60% of the property owners within the Parker Ranch subdivision per the recent fence ordinance amendment to Chapter 15 of the City Code. Parker Ranch includes Parker Ranch Rd., Star Ridge Ct., Chiquita Ct., Farr Ranch Rd., Continental Circle, Diamond Oaks Ct. and Comer Dr. Mr. Emslie presented the Report to the Planning Commission dated .July 25, 1990. In response to Commissioners' questions, Mr. Toppel explained the ordinance in detailS. The Public Hearing was opened at 10:20 p.m. Ms. Ronni Lacroute, representing the Parker Ranch Homeowners Association and a resident of 12832 Star Ridge Court, addressed the Commission. She reviewed the homeowners' reasons for requesting the fencing regulations and reviewed the proposal in detail. She circulated photographs of fences in the neighborhood° A discussion ensued regarding the proposal and the ordinance. Mr. Toppel explained that the Commission is not limited to the conditions in the Homeowners Association proposal. PLANNING COMMISSION 'MEETING July 25, 1990 Page 13 PUBLIC HEARINGS Continued Mr. Bernard Lacroute, 12832 Star Ridge Court, addressed the Commission. He addressed the 30-foot setback problem which has been raised. He said the proposal for 30-foot setbacks is not practical on a number of the lots and cannot be implemented. He believed it would be impossible,.with a 60% allowance per lot to block access to any of the open space. He stated the Homeowners Association is in favor of no contiguous fencing. Mr.. Frank Herterich, 12273 Vista Arroyo Court, addressed the Commission. He discussed the homeowners' difficulties in landscaping their properties. He stated the homeowners agreed to the proposal as proposed to the City Council. Ms. Judy Steppner, 12553 Parker Ranch CoUrt, agreed with the previous speaker and added she has no desire to fence any more of her property than she has already fenced. She felt many of the homeowners have no desire to put up large fences. Mr. Roy Weaver, 12344 Farr Ranch'Court, addressed the Commission and requested approval of the fencing proposal. TAPPAN/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 10:44 P.M. Passed 6-0. In response to a question from Commissioner Kolstad regarding the possibility of contiguous fencing, Mr. Emslie responded that the setback requirement is a method to categorically ensure that access will be assured and there will be no fences touching because the fences will all be certain distances from the property lines. Mr. Toppel stated the recommended approach is to deal with fencing requests on a lot-by-lot basis. The most equitable approach is to. have each lot provide its own individual setback. In response to questions from Commissioner Burger, Mr, Emslie reviewed the Commission's options. for approving fencing. He said the Commission could allow for exceptions to the exceptions to come back to the Planning Commission for review. The Commission would also have the option of allowing no exceptions and having those requests come to the Commission as variances, Commissioner .Burger said she was unsure about the concept of allowing six-foot fences in front yards and suggested the fences start at the house line. She requested the Commission discuss the possibility of enclosing less than 60% of a lot. Chairperson Tucker indicated the Commissioners' consensus was that there should be no contiguous fencing and no perimeter fencing. She stated the Commission still needs to discuss the lot-by-lQt PLANNING COMMISSION MEETING July 25, 1990 Page 14 PUBLIC HEARINGS Continued issue and whether the Commission wants to approve exceptions as modifications or variances. She felt Commissioner Burger's point regarding fences in the front yard was good one. Chairperson Tucker said she is leaning more towards the modification aspect rather versus the variance aspects. Mr. Toppel clarified that a six-foot fence is allowable beyond the front yard setback. Commissioner Burger indicated the Commissioners have only had a few days to review the proposal. Since there are so many lots that cannot meet the 30-foot setback,' she expressed concern that the Commission would impose some conditions that perhaps cannot be met that may impose additional hardships. She requested additional time to review the proposal. She said she would also like the opportunity to revisit the site. Commissioner Kolstad expressed concern that there be guaranteed migratory paths for wildlife. Chairperson TuCker indicated she would like to see an booklet of approved designs for the Architectural Control Committee. Commissioner Burger suggested the Homeowners Association representatives meet with staff and point out five or six lots where the 30-foot setback would be a problem and the Commissioners could view those lots. There was Commission consensus that more time was needed to review the proposal. CALDWELL/TAPPAN MOVED TO CONTINUE FE-90-001 TO AUGUST 8, 1990. Passed 6-0. Staff was directed to prepare conditions that include no six-foot fencing in the front setbacks, require landscaping per staff's approval around the fencing that is erected and the condition that the Architectural Control Committee for Parker Ranch present a booklet of preapproved designs that would be approved by staff to be used by the residents to erect permissible fencing. Break 11:15 p,m. - 11:20 p.m. Chairperson Tucker moved the agenda to item 10. PLANNING COMMISSION MEETING July 25, 1990 Page 15 PUBLIC HEARINGS Continued 10. AZO-90-003 City of Saratoga - Miscellaneous Amendments to Zoning Regulations. The City will consider miscellaneous amendments to zoning regulations regarding fence height outside a required yard; exclusion of enclosed balconies from floor area calculations; authorized removal of trees and penalties for Unlawful removal; exceptions for unenclosed improvements within a required yard; and setbacks for .swimming pools. There was Commission consensus to continue this item to a later meeting. CALDWELL/MORAN MOVED TO CONTINUE AZO-90-003 TO AUGUST 22, .1990. Passed 6-0. 9. SD,.9.0-003 Peninsula Townhomes Assoc., 12297 Saratoga- UP-~Q'-003 Sunnyvale Rd., request for tentative map approval DR-90~034 to subdivide a 2.67 acre lot into one two-acre multi-family parcel and two .3 acre parcels .for commercial use. Use permit approval is requested to allow a 30~unit multi-family residential development within a Commercial Visitor (C-V) zone district. Design review approval is also requested for the entire project per Chapter 15 of the City Code.. An initial environmental assessment has been prepared and is incorporated in this application. Commissioner Burger reported on the land use visit. Mr. Walgren presented the Report to the Planning Commission dated July 25, The Public. Hearing was opened at 11:24 p.m. Mr. Lightner described the pro~ect. He said the applicant is trying to a create a sense of community that allows for privacy. He stated they were also trying to deliver a variety of home types for a variety of households. The applicant spoke with neighbors to discuss the potential impacts that might occur. The resident at 20632 Oak Creek Lane stated that Mr. Lightner met with the homeowners association and answered questions regarding the project. The resident at 20628 Oak Creek Lane addressed the Commission. She said her house has a balcony overlooking the property which is PLANNING COMMISSION MEETING July 25, 1990 Page 16 PUBLIC HEARINGS Continued infrequently used. She indicated the proposed project would not. impact her property. In response to Commissioner Tappan's concerns regarding the density issue, Mr. Lightner responded that it was his understanding after the second study session there was some consensus on the issue of density. He invited the Commissioners to study the model and noted that from the street density will not be perceived. In response to a question from Commissioner Kolstad regarding the commercial parcels, Mr. Lightner responded that it is the applicant's intention to sell those parcels to investors after the project is completed. It was thought it would be more practical to sell those separately. Chairperson Tucker said she is'not prepared personally to go forward on approval of the project because she has concerns regarding density, the parking, the turnaround and was concerned about setting a precedent regarding the three story homes. She kept the public hearing open in order to for the Commission to address the draft environmental assessment, the retail and commercial parking standards and the modification of the development standards. She requested that Commissioners provide direction to the applicant regarding the issues. Commissioner Kolstad said he still has questions on trash, lighting and the number of parking spaces on the residential side~ He would be in favor of using a gray color. He requested further clarification or enhancement of paving treatment. He also indicated he was not in favor of dual parcels for the commercial side and would be in favor of one parcel for conformity that would not cause problems in paint colors., signage and paving. Commissioner Kolstad stated that 2if there area limited number of parking spaces in the subdivision he would like to see a limitation on the' use of that Commercial property. He stated he also has concerns regarding density. Commissioner Burger agreed with Commissioner Kolstad's concerns and felt many of those concerns can be solved by addressing the density issue. Commissioner Caldwell suggested,~ as a possible solution to the density problem, elimination of the row houses. That would permit extra space for the appropriate amount of parking for the commercial area and perhaps alleviate the need for restricting the type of commercial enterprises that could locate there. PLANNING COMMISSION MEETING July 25, 1990 Page 17 PUBLIC HEARINGS Continued Commissioner Moran agreed with CommissiOner Caldwell's suggestion regarding the row houses and the parking. She said she continues to be concerned about density.: She also felt the commercial parking area should be carefully reviewed by the Commission. Commissioner Tappan stated CommisSioner Kolstad's points regarding the dual commercial property were well taken but he also understood the applicant's interest in wanting to divide the parcel into two parcels~ Chairperson Tucker stated her concerns are similar to the others that have been discussed this evening. Commissioner Ca!dwell said she would not be in favor of making any decision on this proposal until the geologic report is available. Mr. Lightner said he was of the impression after previous discussions that the row houses would be an asset to the City. He stated the proposed density is no greater than the density of the project next door. Following further discussion regarding the density issue, there was Commission consensus that a study session is needed to further review the proposal, MORAN/TAPPAN MOVED TO CONTINUE SD~90-003, UP-90-003 AND DR-90-034 TO SEPTEMBER 12, 1990. Passed 6-.0. DIRECTOR'$ ITEMS 1. Upcoming planning applications and projects. COMMISSION ITEMS COMMUNICATIONS Written Oral Commissioner Burger reported on the City Council meeting. Commissioner Caldwell questioned whether it would be possible to request a policy directive from the City Council on the issue of the Council's policy with respect to second-story additions. Mr. Emslie said he would prepare a proposal for discussion at the next meeting. PLANNING COMMISSION MEETING July 25, 1990 Page 18 ADJOURNMENT The meeting of the Planning Commission was adjourned at 12:10 a.m. Respectful ly submitted, Rebecca Cuffman