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HomeMy WebLinkAbout04-24-1991 Planning Commission minutes:: ~ w CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: April 24, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Roll Call: Chairperson Moran, Commissioners Bogosian, Caldwell, Durket, Forbes, and Tucker. Pledge of Allegiance Minutes - 3/27/91 Commissioner Caldwell requested that the motion referenced on page 15 prior to item 8 be clarified. Commissioner Durket requested that the word "would" in the fourth line of the sixth paragraph on page 4 be changed to "may" and the last sentence of that paragraph should be amended to read" "In his opinion that approach would not..." Commissioner Tucker requested that on page 24 under "Commission Items" the third line of the second paragraph be amended to read "Commission needs to get clearer direction..." FORBES/CALDWELL MOVED TO APPROVE THE MINUTES OF MARCH 27, 1991 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 April 19, 1991. Technical Corrections to Packet Material: Planner Walgren indicated that Condition No. 12 of the resolution for Item No. 1 (Tyson, DR-90-066) should be amended to include: "In addition, the driveway retaining wall shall be crib wall type and planted prior to issuance of final occupancy approval." PLANNING COMMISSION MEETING April 24, 1991 Page 2 PUBLIC HEARINGS CONSENT CALENDAR: 1. DR-90-006 Tyson, 15395 Kittridge Rd., resolution approving V-91-003 request for design review approval to construct a new 4,267 sq. ft. two-story residence within the R-1-40,000 zone district and resolution approving variance to allow the home to be constructed on a pad with an average slope in excess of 30% per Chapter 15 of the City Code. -------------------------------------------------------------- Commissioner Caldwell requested removal of this item in order to look at the color board. Mr. Walgren presented an updated staff report and noted that the applicant was present with additional alternatives for the colors. The public hearing was opened at 7:40 p.m. Mr. Leonard Tyson, 102 Bella Vista Court, Los Gatos, circulated color boards for the proposal and, using an overhead projector, described the decks in detail. Commissioner Forbes stated he wished to have a firm statement that the applicant realizes the building would be on a slope that is steeper than normal and will hold the City harmless. He also felt the chimney pots will make the building more visible from the road. TUCKER/DURKET MOVED TO CLOSE THE PUBLIC HEARING AT 7:47 P.M. Passed 6-0. CALDWELL/TUCKER MOVED TO APPROVE V-91-003. Passed 6-0. CALDWELL/FORBES MOVED TO APPROVE DR-90-066 WITH A PROVISION INDICATING THE APPLICANT WILL HOLD THE CITY HARMLESS WITH RESPECT TO THE LOCATION OF THE BUILDING ON THE SITE; THAT CONDITION NO. 9 OF THE RESOLUTION BE AMENDED TO INDICATE THE COLORS WILL BE THE DARKEST EXTERIOR COLORS AND ROOF AS INDICATED ON COLOR BOARD "A"; THAT THE FOURTH PARAGRAPH OF THE RESOLUTION INCLUDE REFERENCE TO THE FACT THAT THE PERCEPTION OF BULK IS MINIMIZED BECAUSE THE HOME IS STACKED INTO THE HILLSIDE; AND THAT A CONDITION BE INCLUDED PROVIDING FOR ELIMINATION OF THE CHIMNEY CAPS. Chairperson Moran noted receipt of a letter from Mr. Arnold objecting to the granting of the variance and design review proposal. Planning Director Emslie stated that the concern raised in the letter is in reference to the stability of the site. The project has moved forward to the Planning Commission level on the recommendation of both the City Engineer and City Geologist that • • ~ PLANNING COMMISSION MEETING April 24, 1991 Page 3 PUBLIC HEARINGS CONSENT CALENDAR Continued the building site would not adversely impact neighboring properties. Chairperson Moran indicated that her concerns about the deck have been cleared up. The motion carried on a 6-0 vote. 2. City of Saratoga - Draft Circulation Element Abstract for review and comment (cont. to 5/8/91 at the request of staff). -------------------------------------------------------------- TUCKER/FORBES MOVED TO CONTINUE ITEM NO. 2 TO MAY 8, 1991. Passed 6-0. PUBLIC HEARINGS 3. DR-91-012 Bac, 13990 Alta Vista Ave., request for design review approval to construct a new 4,200 sq. ft. two-story single family residence in the R-1- 12,500 zone district per Chapter 15 of the City Code (cont. from 4/10/91). -------------------------------------------------------------- Mr. Walgren presented the Report to the Planning Commission dated April 10, 1991. The public hearing was opened at 7:55 p.m. Mr. Ron Dick, the applicant's architect, appeared for the applicant. He said the applicant would like to remove tree No. 1 because the tree is dying and would be happy to replace it. CALDWELL/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 7:56 P.M. Passed 6-0. DURKET/TUCKER MOVED TO APPROVE DR-91-012. Commissioner Caldwell noted that the arborist does not recommend removal of tree No. 1 but recommends careful maintenance of the tree. Mr. Emslie indicated that Condition No. 11 of the resolution requires remedial action for the preservation of tree No. 1. The motion carried on a 6-0 vote. PLANNING COMMISSION MEETING April 24, 1991 • Page 4 PUBLIC HEARINGS Continued 4. DR-91-001 Yan, 13566 Cocciardi Ct., request for design review approval to construct a new 5,784 sq. ft. two-story single family residence on a 1.05 acre parcel in the NHR zone district per Chapter 15 of the City Code (cont. from 4/10/91). -------------------------------------------------------------- Mr. Walgren presented the Report to the Planning Commission dated April 10, 1991. The public hearing was opened at 8:00 p.m. Mr. Joseph Yan, 782 Lennon Dr., Milpitas, addressed the Commission, described the proposal in detail and requested input regarding the proposal. He said he would prefer that the driveway remain as designed. CALDWELL/FORBES MOVED TO CLOSE T.HE PUBLIC HEARING AT 8:10 P.M. Passed 6-0. Commissioner Durket suggested that, since the Commission would be provided with new plans, it might be best to review the proposal at a study session in order for the Commission to give its input on the new plans. DURKET/FORBES MOVED TO CONTINUE DR-91-001 TO MAY 22, 1991 WITH A STUDY SESSION ON MAY 14. Commissioner Tucker said she felt uncomfortable sending the applicant to a study session until the Commission discusses its concerns with him. Commissioner Durket responded that it seemed the applicant was already addressing some of staff's concerns, which was a step in the right direction. Commissioner Bogosian concurred with Commissioner Durket. He said one of his primary concerns when he visited the site was that the pad accommodating the swimming pool was moving so far out into the oak trees in the back that the grading was starting to deteriorate the trees. He stated he would like to see definite plans as to what the applicant plans to do about removing some of the earth and mitigation measures for preserving the trees as suggested by the arborist. He questioned whether where the swimming pool is finally going to be located would be a sufficient amount of distance. Commissioner Caldwell agreed with the previous comments and with the staff report recommendations. .She also expressed concern that PLANNING COMMISSION MEETING April 24, 1991 • Page 5 PUBLIC HEARINGS Continued the pool is moved away sufficiently from the trees. She said her preference for the driveway would be to truncate it as close to the main driveway as possible. She suggested that removal of the quoins will help reduce the bulk. Commissioner Tucker stated that she agreed with the staff report but was open to looking at some posts for the wardrobe if it does not exceed the square footage. Chairperson Moran was in agreement with the concerns raised in the staff report and the suggested solutions. She said she would like to see the driveway grading reduced by eliminating the right turn. The motion carried 6-0. 5. DR-89-018 -------------------------------------------------------------- Mr. Walgren reviewed the staff memorandum dated April 24, 1991. The public hearing was opened at 8:21 p.m. Ms. Virginia Fanelli appeared for the applicant and reviewed the history of the proposal in detail. She pointed out that the applicant has added four more trees on the eastern side of the home, and the applicant requested that the Commission reconsider that the landscaping is sufficient to create privacy for the neighbors and that the balconies can be returned to the design. Regarding the height of the home, Ms. Fanelli indicated that the lowest that would be acceptable is 23 feet. However, the applicant believes the overall proportions of the house would be better at the design of 24 feet and distributed signed letters from 20 of the neighbors in support of the plans. Mr. Christopher Yee, 14580 Saratoga Heights Rd., addressed the Commission regarding his preference for a home of 22 feet. Ms. Sachi Tanneguchi, 21503 Saratoga Heights Dr., addressed the Commission in support of the proposal. Kwong, 14581 Saratoga Heights Ct., request for design review approval to construct a new 6,690 sq. ft. two-story home on a 1.78 acre parcel in the Parnas subdivision within the NHR zone district per Chapter 15 of the City Code (cont. from 3/27/91). Mr. Charles Masters, 21764 Congress Hall Lane, addressed the Commission on behalf of the homeowners association in support of the proposal. • PLANNING COMMISSION MEETING April 24, 1991 • Page 6 PUBLIC HEARINGS Continued Dr. James Page, 21751 Congress Hall Lane, addressed the Commission. He felt that the arbitrary reduction in roof height in homes in the area results in a collection of odd-looking homes. He felt that it was an obligation of the City Council to either accept the zoning regulations as they are or inform people before they buy lots that they will be subject to individual review. In response to Commissioner Durket.'s question, Mr. Emslie responded that there is no formal notice given by the City when property changes hands, but anyone who inquires about building a home is provided with design guidelines and the handbook. The intent of the design review ordinance is succinct in generally communicating to prospective and new buyers in Saratoga. Dr. Ron Matsuura, 21536 Saratoga Heights Dr., addressed the Commission in support of the proposal. The neighbor at 21757 Congress Hall Lane addressed the Commission in support of the proposal. Ms. Marie Rose Gaspar, 14754 Pierce Rd., addressed the Commission. She distributed a map and supported the project. TUCKER/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:44 P.M. Passed 6-0. In response to Commissioner Caldwell's question, Mr. Walgren replied that staff's recommendation was that the 23 foot height proposed by the applicant had a better proportion than Exhibit B indicating 22 feet. FORBES/TUCKER MOVED TO APPROVE DR-89-018. Commissioner Durket did not feel that, with respect to the reduction in the windows for a 2~2-foot or 23-foot building, the drawings give a true picture of what a 22-foot house would look like. He was not sure that 22 feet was unworkable if there is a reduction of the windows. He said he would like to see the height reduced to at least 23 feet if not 22 feet. Commissioner Bogosian agreed with Commissioner Durket's comments. He was in favor of not including the balconies and would be comfortable with a 23-foot building given the placement of the site. Commissioner Tucker stated she felt in the past that the balconies helped soften the side of the house and was in favor of them but if the other Commissioners did not want balconies she would go along • PLANNING COMMISSION MEETING April 24, 1991 • Page 7 PUBLIC HEARINGS Continued with that recommendation. She said the 24-foot height did not seem excessive to her in the neighborhood especially since the ordinance allows for 26 feet. The majority of the homes in that area are 26 feet in height and the house is compatible in the area. She felt the Commission would be denying the applicant the privilege that his neighbors have been enjoying by limiting the home to 22 feet. Commissioner Caldwell was in support of the staff proposal of 23 feet with removal of the balconies. She said her concerns remain with respect to Mr. Yee's privacy. CALDWELL/BOGOSIAN MOVED TO AMEND THE MOTION TO MAKE EXPLICIT THAT THE RETAINING WALL STRUCTURES WILL BE CRIB STYLE AND LANDSCAPING WOULD BE REQUIRED PRIOR TO FINAL OCCUPANCY. Passed 6-0. The original motion carried 6-0. 6. DR-90-05.7 Gault, 22068 Villa Oaks Ln., request for design review approval to construct a 5,963 sq. ft. two- story single family residence on a 1.4 acre site in the NHR zone district per Chapter 15 of the City Code (cont. from 4/10/91). -------------------------------------------------------------- Mr. Emslie presented a staff update regarding the application. He reported that pursuant to the City's adoptive procedures if any vote that ends in a deadlock the applicant has the opportunity to request one revote at the immediately following meeting. The vote taken tonight will be considered a final action. If the vote ends in a deadlock again, the matter is considered denied, and the applicant has a right to appeal. Commissioner Forbes noted that in the resolution before the Commission there is reference that the development shall be located as shown in Exhibit A. He said it was his impression that the front turret was to be removed but the back one was to remain as drawn. He also noted that the copper cap was to be removed and the chimney caps were to be eliminated. Mr. Emslie responded that those changes were presented by the applicant at the hearing but since the vote ended in a deadlock, the deadlock concerns the plans that were last presented and there was no direction given by the Commission to execute those changes. The public hearing was opened at 8:55 p.m. Ms. Virginia Fanelli, the applicant's representative, indicated there was no new information to present to the Commission on this matter. PLANNING COMMISSION MEETING April 24, 1991 s Page 8 PUBLIC HEARINGS Continued CALDWELL/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 8:55 P.M. Passed 6-0. TUCKER/MORAN MOVED TO APPROVE DR-90-057. Commissioner Forbes questioned whether the applicant was willing to accept the changes that he assumed would be made. He said he was willing to approve the plans as they were presented at the last meeting. Ms. Fanelli indicated that the applicant was willing to make those changes based on remaining at a height of 24 feet and reducing the tower. She said if that were approved this evening, the applicant would accept that. However, the design does not work at a height other than 24 feet. The applicant believes there was an approval on the prior design and was willing to make the changes but cannot change the height. The motion was denied 2-4 (Bogosian, Caldwell, Durket and Forbes opposed). City Attorney Faubion suggested that a motion be made taking a positive action. DURKET MOVED TO DENY DR-90-057 WITH PREJUDICE. The motion died for lack of a second. FORBES/BOGOSIAN MOVED TO DENY DR-90-057 WITHOUT PREJUDICE. Passed 4-2 (Moran and Tucker opposed). Ms. Faubion suggested that findings to support the action be discussed in order for the applicant to decide on what grounds to appeal the decision. Commissioner Caldwell indicated that at numerous public hearings and study sessions she gave fairly detailed accounts of her objections to the structures. She could not make the finding that this minimizes bulk, the design of the structure including vertical elements and overall height make the structure incompatible with the natural surrounding. It also contravenes Policies 1 and 3 of the Design Review Handbook. Commissioner Forbes concurred with Commissioner Caldwell's comments. He also added that he was prepared this evening to accept what he believed to be what the applicant was willing to accept. He said he was disappointed but will stand by his vote. PLANNING COMMISSION MEETING April 24, 1991 w Page 9 PUBLIC HEARINGS Continued Commissioner Bogosian also concurred with Commissioner Caldwell. He added that he believed the building to be extremely bulky due to the overall height and vertical elements and is not compatible with the environment. 7. DR-90-082 Williams, 21272 Chiquita Way, request for design review approval to construct a new two-story, 7,440 sq. ft. residence on a 10-acre parcel within the NHR zone district per Chapter 15 of the City Code. The subject property is Lot #3 of the Chadwick Place subdivision (Tract #7770) (cont. from 4/10/91). -------------------------------------------------------------- Mr. Emslie reported that the City Attorney is completing a written statement to the Commission regarding this matter. He requested that the matter be continued to May 22. TUCKER/DURKET MOVED TO CONTINUE DR-90-082 TO MAY 22, 1991. Passed 6-0. Break 9:05 - 9:15 p.m. 8. UP-90-006 Peninsula Recreation, Inc., 21990 Prospect Rd., request for use permit approval to expand the Saratoga Country Club golf course with new fairways, a driving range and a manmade lake. The property proposed for expansion has recently been annexed to Saratoga and a mitigated Negative Declaration has been prepared and adopted by LAFCO for the annexation of the property to the NHR zone district which included a review of the golf course expansion. The relocation of an underground gas storage tank to a new above ground location is also part of this application (cont. from 4/10/91). Mr. Walgren reviewed the staff memorandum dated April 24, 1991. In response to Commissioner Bogosian's questions, Ms. Isabel Gloege responded that if organics or pesticides are detected in the wells an alternative water supply would be required. Commissioner Forbes questioned the liability if the wells were found to be contaminated. Mr. Emslie responded that the condition that requires regular monitoring implies that if there were unacceptable levels detected in the monitoring wells the use permit would be reviewed by the • • PLANNING COMMISSION MEETING April 24, 1991 ~ Page 10 PUBLIC HEARINGS Continued Planning Commission and the Commission would have the opportunity to add conditions to the use permit to deal with the situation as it may develop. That may include locating an alternate water source for the neighbors and performing the necessary construction so they can have a safe source of drinking water. Commissioner Forbes felt it should be spelled out who will be responsible for finding an alternative source of water and who will pay for it. Mr. Emslie agreed with Commissioner Forbes and stated he intended his comments to indicate that staff feels the Country Club, as the applicant, shoulders the sole responsibility. By reviewing conditions as they may approach intolerable levels it is within the City's purview to hold the Country Club responsible for making mitigation. The public hearing was opened a 9.:37 p.m. Ms. Elizabeth van der Toorren, 14555 Horseshoe Dr., President of the Saratoga Country Club, addressed the Commission. She said the issues raised at the January 9, 1991 public hearing have been addressed by changes in golf course design and development programs to implement the mitigation measures mandated in the Negative Declaration resulting from the Environmental Impact Report. She expressed concern regarding the staff analysis that the lake is merely decorative. She stated the lake is an integral part of the irrigation system of the golf course. She requested clarification of the 25-foot easement required by Condition No. 7 of the resolution and the 25-foot easement required by the Parks Department with a trail width of five feet. She also expressed concern regarding the golf course design. The architect said he could agree to the recommendations contained in the arborist's report except for item 4 which mandates that the water drainage pipe not travel within 25 feet of the trunk of any tree. Because of the spacing of the trees where the water drainage pipe has to go, the architect does not feel that is possible. The architect has proposed that the trenching done within 25 feet of any tree trunk be done by hand. The architect said that he could make a plant selection from the species suggested by the arborist but would prefer using the applicant's own plant list because the trees have certain features which are peculiar to the game of golf in that they have a lot of branches and they are more rapid growing than the ones suggested by the arborist. Ms. van der Toorren noted that the existing golf course is over 300 yards from the wells and downstream. She was unsure if an additional baseline study were done that whatever is found is from the Country Club. • PLANNING COMMISSION MEETING April 24, 1991 Page 11 PUBLIC HEARINGS Continued Mr. Del Woods, Midpeninsula Open Space District, addressed the Commission and indicated that many of the concerns of the District have been addressed. He said the District still has concerns regarding the underground water, what happens when pollutants are detected and what steps will be taken. He supported defining the alternatives and outlining the costs associated with those. Using an overhead projector, Mr. Woods discussed potential golf ball hazards to the residents and trail users in the area. He suggested pulling netting in close the third tee. Ms. Linda Stuckey addressed the Commission and requested clarification regarding the fencing along the property line between the Stuckey property and the Country Club. She requested consideration of the use of chain link fence. CALDWELL/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 9:57 P.M. Passed 6-0. Commissioner Tucker requested that the applicant discuss Mr. Woods' suggestion of the netting. Mr. Richard Bigler, architect for the project, was agreeable to the suggestion of moving the netting. CALDWELL/TUCKER MOVED TO APPROVE UP-90-006 WITH THE FOLLOWING MODIFICATIONS: THAT IN CONDITION 2A AFTER "WITHIN THE DRIPLINE OF EACH INDIVIDUAL OAK TREE" THE REMAINDER OF THE SENTENCE BE REMOVED; THAT CONDITION 2B BE MODIFIED TO PROVIDE THAT THE APPLICANT SHALL MAINTAIN A 25-FOOT SETBACK FOR THE OVERFLOW OF PIPE FROM ANY TREES EXCEPT WHERE THAT IS IMPOSSIBLE THEN HAND GRADING WILL BE USED TO TUNNEL THE PIPE AND THAT WILL BE OVERSEEN BY AN ARBORIST AND NO ROOTS IN EXCESS OF ONE INCH IN DIAMETER WILL BE REMOVED; THAT CONDITION 7 BE MODIFIED IN ACCORDANCE WITH COUNTRY CLUB'S REQUEST TO PROVIDE CLARIFICATION WITH RESPECT TO THE FIVE-FOOT TRAIL; THAT CONDITION 14B BE MODIFIED TO PROVIDE FOR REEVALUATION OF THE SAMPLING PROGRAM AT LEAST ANNUALLY; AND THAT THERE BE A CONDITION PROVIDING THAT THE LOCATION OF THE NETTING FOR THE THIRD TEE BE CHANGED PURSUANT TO THE RECOMMENDATION OF MIDPENINSULA OPEN SPACE DISTRICT. Commissioner Forbes proposed amendment to the motion stating that the water in the well should be analyzed prior to construction and that any increase in toxic levels should be considered as coming from the Country Club and if the wells are shut down the cost of providing potable drinking water ,for the neighbors should be borne by the Country Club. • • PLANNING COMMISSION MEETING April 24, 1991 Page 12 PUBLIC HEARINGS Continued Commissioner Caldwell pointed out that background sampling would be done and that it is premature to assume that any changes in constituent levels in the wells is necessarily attributable to the Country Club. She said she was loathe to place that responsibility on the Country Club. Commissioner Tucker agreed with Commissioner Caldwell. In response to Commissioner Bogosian's comments, Commissioner Caldwell said she would be happy ~to entertain an amendment to her motion that the Department of Health Services be copied on the analytical results of the testing of the wells and that the Department be specially notified if increases in the constituent samples are detected. BOGOSIAN/TUCKER MOVED TO AMEND THE MOTION TO INCLUDE THAT THE DEPARTMENT OF HEALTH SERVICES BE COPIED ON THE ANALYTICAL RESULTS OF THE TESTING OF THE WELLS AND THAT THE DEPARTMENT BE SPECIALLY NOTIFIED IF INCREASES IN THE CONSTITUENT SAMPLES ARE DETECTED. Commissioner Durket questioned whether the substitutions to the plant list were acceptable to Mr. Coate; Mr. Coate replied that they were. Commissioner Forbes requested that it be specifically spelled out who is financially responsible for providing a potable source of drinking water for the neighbors~if their wells are shut down. Commissioner Caldwell suggested that if the constituents in the wells reach a level of concern in the interim potable water be supplied to the users of the wells by the Country Club. That would allow the regulatory agencies an opportunity to review the data and to come to a reasonable solution regarding the responsible parties. The attorney for the Country Club addressed the Commission. She did not feel that Commissioner Caldwell's statement was correct legally. The City would be asking the Country Club to bear a financial burden where there has been no determination that there is liability. Until there is a determination that they have caused the contamination, she did not believe the City has the power to tell them that they have to provide an alternative drinking source of water . Commissioner Caldwell stated she was comfortable with that interim provision. Commissioner Durket suggested adding a clause that states that the final cost will be borne by the responsible party. • • PLANNING COMMISSION MEETING April 24, 1991 Page 13 PUBLIC HEARINGS Continued In response to Commissioner Durket's question, Mr. Coate suggested that the applicant be asked to supply two or three 24-inch box trees to replace a tree, the number of which tree will be provided to staff by the applicant. Mr. Emslie restated the motion as follows: CONDITION 2A HAS BEEN MODIFIED TO STRIKE THE PHRASE "OR PROVIDE REPLACEMENT TREES FOR EACH OF THE TREES TO BE DETERMINED BY THE CITY ARBORIST" AND ADDING THE SENTENCE "EXCEPT THAT TREE NO. MAY BE REMOVED PROVIDED THAT THREE 24-INCH BOX OAKS ARE PROVIDED AS REPLACEMENTS; ADD AT THE END OF 2B "THE APPLICANT SHALL PROVIDE A 25-FOOT SETBACK EXCEPT WHEN HARDSHIPS EXIST AND HAND GRADING IS PERFORMED AS REVIEWED AND APPROVED BY THE CITY ARBORIST. NO ROOTS OVER ONE INCH IN DIAMETER SHALL BE REMOVED; CONDITION 7 SHALL READ AS AMENDED "A SECOND FIVE-FOOT TRAIL SHALL BE CONSTRUCTED WITHIN A 25-FOOT TRAIL EASEMENT..."; CONDITION 14B SHALL READ: "AT THE CONCLUSION OF THE FIRST YEAR OF SAMPLING, THE PROGRAM SHALL BE REEVALUATED AT LEAST ANNUALLY BY. THE CITY; THAT CONDITION 17 IS ADDED TO STATE THAT THE NETTING SHALL BE MOVED WITHIN THE PROPERTY LINE CLOSER TO THE TEE AND SHALL BE SUBJECT TO PLANNING DIRECTOR REVIEW AND APPROVAL IN CONSULTATION WITH MIDPENINSULA OPEN SPACE DISTRICT. THE OBJECTIVE SHALL BE TO MINIMIZE THE PUBLIC'S VIEW OF THE EXISTING NETTING AND TO PROVIDE MAXIMUM SAFETY TO THE SURROUNDING RESIDENCES AS WELL AS TO MAINTAIN PLAYABILITY AT THE GOLF COURSE; THAT CONDITION 2C INCLUDE THAT THE LANDSCAPE ARCHITECT'S LIST OF PLANTS IS ACCEPTABLE; THAT THE DEPARTMENT OF HEALTH SERVICES SHALL BE COPIED ON. ALL MONITORING REPORTS AND SHALL BE NOTIFIED IMMEDIATELY IF ANY INCREASE IN CHEMICALS CURRENTLY BEING MONITORED IN THE WELL; AND IF ANY CONSTITUENTS MEET OR EXCEED THE MCLS FOR THOSE CONSTITUENTS THE SARATOGA COUNTRY CLUB SHALL BE RESPONSIBLE FOR PROVIDING A POTABLE SOURCE OF WATER TO THE USERS OF THOSE WELLS AND THE RESPONSIBLE PARTIES WOULD BEAR THE COST OF THE PROVIDING THE INTERIM SOURCE OF WATER. The motion carried on a 6-0 vote. 9. SD-87-008.1 Serena Investments (Sung), 22631 Mt. Eden Rd., request to extend a tentative map approval for a four-lot subdivision (cont. to 4/24/91). -------------------------------------------------------------- Mr. Emslie reviewed the staff memorandum dated April 19, 1991. He noted that he distributed a letter dated March 5 from the City Geologist which resolves some of the issues raised by the applicant. The public hearing was opened at 10:34 p.m. • PLANNING COMMISSION MEETING April 24, 1991 r ~ LJ Page 14 PUBLIC HEARINGS Continued Ms. Lucy Lofrumento appeared for the applicant. She believed the current rule is as follows: "The Planning Commission can impose conditions on its approval of the extension of the tentative map only where the imposition of such conditions is based on findings justifying the conditions as being strictly necessary for the protection of the public health, safety and welfare, due to changed conditions or intervening circumstances causing the Commission to reconsider the impact as originally resolved as shown in the record." She indicated there has been no change in state or local zoning laws during the tentative map period; there has been no material change in the physical condition of the property and no other material changes relating to the health, safety and welfare of the public. With respect to the Commission's area of gravest concern (geologic stability) existing Conditions 18 through 23 already deal with geological review and approval and Conditions 42 and 44 deal with geological mitigation measures. The City Geologist's latest review, dated March 4, shows no change in conditions from the original review and notes that the new building site is now 25 feet from the slope for Lot 4. She said the reason for the request for extension is that several conditions which were dependent upon outside sources or other circumstances, including review and approval by public agencies, have not yet been completed. TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 10:40 P.M. Passed 6-0. Mr. Emslie answered Commissioners' questions regarding the tentative map. Commissioner Tucker questioned whether there have been any significant changes in the topography or stability of the area since the tentative map was approved. Mr. Emslie replied that there has been no change in the City's zoning ordinance or development standards that affect lot size or density that were not in place at the time that the map was approved. The City Geologist has not indicated that there are any significantly changed geologic conditions that warrant devaluation at a more early stage (i.e. prior to tentative map). He said he has worked with the City Geologist for 2-1/2 years and when a substantive concern is raised by the City Geologist staff knows about it. It is not done by inference but is done very directly. He stated he views the fact that the City Geologist is recommending that the applicants proceed to the next levels of review that he has not overturned anything that would indicate that there has been more geotechnical analysis that would be necessary. Mr. Emslie • PLANNING COMMISSION MEETING April 24, 1991 Page 15 PUBLIC HEARINGS Continued indicated that staff is not comfortable in interpreting the work of technical experts in their absence. If there are serious concerns on the part of the Planning Commission regarding the information it has and the Commission does not feel it has the answers to the technical questions, he would not be able to provide those. TUCKER/MORAN MOVED FOR APPROVAL OF THE EXTENSION OF SD-87-008.1. Chairperson Moran stated she would feel comfortable conditioning an approval on getting more information about what kinds of changes have gone on and to what extent the stability of the land is now in question after the earthquake. Commissioner Tucker suggested a study session in order for the Commission to ask the people who prepared the reports the questions raised by the Commission. Commissioner Bogosian stated he would like to see something in writing from the City Geologist stating specific answers to the Commission's concerns. He did not feel another studv session was necessary. Mr. Emslie indicated that the map is set to expire on May 24. Commissioner Durket noted that the City Attorney pointed out that the Commission's duty is protect the public health, safety and general welfare and there are many unanswered questions. Because of the absence of any indication in prior reports indicating that there are no conditions he was prepared to deny the extension. Commissioner Caldwell felt there were issues revolving around the geologic information the Commission received. One of them is whether there are four suitable building sites within the subdivision. She felt the answer to that question has become obscured by the additional geologic reports received. She said she was not prepared to approve extension of the map and felt more comfortable denying it and starting fresh in order to gain a clear understanding of whether or not there are four buildable sites and, if so, what that entails and whether any correction measures that are going to be required meet the goals and objectives of the northwestern hillside specific plan. Commissioner Durket said he was surprised that in one of the conclusions of the March 4 memo it states that the consultant had identified erosion problems. He concurred with Commissioner Caldwell's comments. • PLANNING COMMISSION MEETING April 24, 1991 • Page 16 PUBLIC HEARINGS Continued Commissioner Forbes felt there was a reasonable question of health, safety and welfare of the surrounding community and did not feel the Commission could grant the extension without conditions. He said he would like a direct statement from the geologist saying that in his opinion this does not represent a significant seismic danger or hazard as well as a landslide hazard. Chairperson Moran expressed concern regarding the corrective measures that may be needed to build on the lots. She said she was hopeful that information would be available to reassure the Commission that there would not be unacceptable impacts on surrounding neighbors. Commissioner Tucker withdrew the motion. DURKET/BOGOSIAN MOVED TO DENY THE EXTENSION OF SD-87-008.1. Chairperson Moran requested a restatement of the reasons for the denial. Commissioner Bogosian stated that the information received to date has been inadequate to satisfy him as to the suitability of Lot 4. Commissioner Durket referred to his previous comments and said he believes there have been changed circumstances to mandate that the Commission revisit the issue. Commissioner Tucker said she would be abstaining from a motion for denial because she had not had time to read and digest the documents received tonight and would like to review the March 4 letter more thoroughly. Commissioner Forbes requested that the applicant comment regarding either a denial or a conditional .extension. Commissioner Caldwell stated that the public hearing had been closed, the applicant had been heard numerous times and if there were a motion on the table with respect to conditional approval she might feel differently because based on the City Attorney's memo it would be appropriate to get some input from the applicant. In this instance, there is a motion for denial on the table and it was appropriate to move forward with a vote. She reiterated her previous concerns. The motion carried on a 4-1-1 vote (Moran opposed; Tucker abstained). • • PLANNING COMMISSION MEETING April 24, 1991 Page 17 PUBLIC HEARINGS Continued Commissioner Moran said she understood what the applicant was saying and understood the Commissioners' concerns but at the same time she read the City Attorney's memo and was having a difficult time making the findings that should be made before denying the request. Commissioner Caldwell left the meeting at 11:15 p.m. and did not return. Due to the lateness of the ,hour, the applicant requested continuance of the following item: 15. V-91-005 Hardie, 13393 Sousa Ln., variance request to allow a 48 sq. ft. second story room addition to encroach 4 ft. into a 10 ft. required side yard setback in the R-1-10,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- TUCKER/FORBES MOVED TO CONTINUE V-91-005 TO MAY 8, 1991. Passed 5-0. 10. DR-90-070 Namimatsu, 14510 Sobey Rd. (Singing Hill Ct.), request for design review approval to demolish an existing home and construct a new one-story, 6,808 sq. ft. residence within the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from 4/10/91). -------------------------------------------------------------- Mr. Walgren reviewed the staff memorandum dated April 24, 1991. The public hearing was opened at~11:15 p.m. There was no one present who wished to address the Commission regarding this item. FORBES/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 11:15 P.M. Passed 5-0. DURKET/TUCKER MOVED TO APPROVE DR-90-070. Commissioner Forbes said he did not feel it was fair for the applicant to bear the cost of the fire protection measures. The motion carried 4-1 (Forbes opposed). • • PLANNING COMMISSION MEETING April 24, 1991 Page 18 PUBLIC HEARINGS Continued 11. DR-91-010 Bella Mia/Carlson, 14503 Big Basin Way, request for design review approval to construct a stairway addition to the existing restaurant building in the CH-1 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- Mr. Walgren presented the Report to the Planning Commission dated April 24, 1991. The public hearing was opened at 11:17 p.m. Mr. Curt Anderson, architect for the project, appeared for the applicant. He said the applicant was in agreement with the staff report. DURKET/TUCKER MOVED TO CLOSE THE PUBLIC HEARING AT 11:20 P.M. Passed 5-0. TUCKER/DURKET MOVED TO APPROVE DR-91-010. Passed 5-0. 12. DR-87-159.2 Saffarian, 21657 Vintage Lane, request for a one (1) year extension of time for a design review approval for a 6,193 sq. ft. single family residence in the NHR zone district per Chapter 15 of the City Code. -------------------------------------------------------------- Mr. Walgren presented the Report to the Planning Commission dated April 24, 1991. The public hearing was opened at 11:25 p.m. The applicant addressed the Commission regarding his request. Ms. Marie Rose Gaspar addressed the Commission in support of the applicant's request. TUCKER/FORBES MOVED TO CLOSE THE PUBLIC HEARING AT 11:28 P.M. Passed 5-0. TUCKER/BOGOSIAN MOVED TO APPROVE DR-87-159.2 PER THE STAFF REPORT. Commissioner Forbes felt the matter should be brought up again because too much time had elapsed. Commissioner Durket agreed with Commissioner Forbes. • • PLANNING COMMISSION MEETING April 24, 1991 Page 19 PUBLIC HEARINGS Continued Commissioner Tucker did not see any circumstances regarding the property that have changed that would make it so the Commission could make findings to deny the applicant his extension. Passed 3-2 (Durket, Forbes opposed). Commissioner Bogosian agreed with Commissioner Tucker. Chairperson Moran did not believe there were strong grounds to deny the extension. The motion carried on a 3-2 vote (Durket and Forbes opposed). Due to the lateness of the hour, the Commission discussed continuance of the following items: 13. SUP-91-001 McCue, 19911 San Marcos Rd., request for a second unit use permit to allow the construction of an 800 sq. ft. second unit attached to an existing 2,049 sq. ft. single-family residence on a 1.25 acre parcel in the R-1-40,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- 14. DR-91-011 J. Lohr Properties, 14565 Chester Ave., request for design review approval to construct a new 5,340 sq. ft., two-story single family residence on a 44,062 sq. ft. vacant parcel in the R-1- 40,000 zone district per Chapter 15 of the City Code. -------------------------------------------------------------- 16. DR-89-110 Tai, 21451 Continental Circle, request for design review approval to construct a new 7,254 sq. ft. two-story residence on a 3-acre parcel within the NHR zone district per Chapter 15 of the City Code. -------------------------------------------------------------- FORBES/TUCKER MOVED TO CONTINUE ITEMS 13 , 14 AND 16 TO MAY 8 , 1991. Passed 5-0. DIRECTOR'S ITEMS COMMISSION ITEMS The Commission discussed the possibility of forming a Design Review Committee. There was no decision made regarding such a committee. COMMUNICATIONS Written w • PLANNING COMMISSION MEETING April 24, 1991 Page 20 COMMUNICATIONS Continued oral City Council Mr. Emslie reported on the City Council meeting. ADJOURNMENT' The Planning Commission meeting was adjourned at 11:45 p.m. Rebecca Cuffman