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HomeMy WebLinkAbout08-14-1991 Planning Commission Minutes>~ ~ r: CITY OF SARATOGA PLANKING COMMISSION AGENDA DATE: August 14, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Ave. TYPE: Regular Meeting ---------------------------------------------------------------- Roll Call Chairperson Moran, Commissioners Bogosian, Favero and Forbes were present at 7:30 p.m. Commissioners Durket and Caldwell arrived at 7:35 p.m. Commissioner Tucker's absence was excused. Pledge of Allegiance Minutes - 7/24/91 & revised minutes from 6/26/91 FORBES/FAVERO MOVED TO APPROVE THE 1~INUTES OF JULY 24, 1991 AND JUNE 26, 1991. PASSED 4-0 FORBES/FAVERO traITHDREfia THEIR MOTION . Com. Bogosian corrected the Minutes of July 24, 1991 as follows: Page 4, the vote regarding application DR-90-077, LL-91-003-SD-89- 011.1 should be PASSED 3-2 (Durket, Bogosian vote no) Com. Caldwell corrected the Minutes of July 24, 1991 as follows: Page 3, Staff Presentation to reflect the Planning Commission did give specific direction to the applicant with respect to the staff report; Page 5, request the Planning Director to rewrite the 4th paragraph to reflect it is possible to build a three story structure within 36 ft.; Page 6, 4th paragraph should read "three story project", rather than "two-story project"; Page 7, 5th paragraph add to the last sentence "and for the purpose of a senior facility only"; Page 13, both motions should read °'moved to approve". BOGOSIAN/DURKET MOVED TO APPROVE THE MINUTES, AS A1-~ENDED. PASSED 6-0 ORAL COMFRtJNICATION5 (THIS PORTION OF THE MEETING IS RESERVED FOR PERSONS DESIRING TO ADDRESS THE COMMISSION ON ANY MATTER NOT ON THE AGENDA. SPEAKERS ARE LIMITED TO TWO MINUTES. A MAXIMUM OF 15 MINUTES WILL BE ALLOWED FOR THIS ITEM.) REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 9, 1991. Technical Corrections to Packet -None ~r s ,; PLANNING COP~ISSION P~EETING August 14, 1991 Page 2 PUBLIC HEARING CONSENT CALENDAR THESE ITEMS WILL BE ACTED UPON IN ONE MOTION UNLESS THEY ARE REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION BY COMMISSIONERS OR ANY INTERESTED PARTY. 1. 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. to 10/9/91; -------- application expires 11/19/91). --------------------------------------------------- 2. V-91-010 - De Lap, 15495 Belnap Dr., request for variance approval to stabilize a failed hillside with a series of parallel retaining walls in excess of 5 ft. in height (6 ft., 6 ft. and 12 ft.) and in excess of 10 ft. in height over a 30 ft. run (24 ft.) within the HC-RD zone district per Chapter 15 of the City Code (withdrawn by applicant). -------- 3. DR-91-040 --------------------------------------------------- - Guido, 13861 River Ranch Circle, request for design review approval for a 630 sq. ft. one-story and a 607 sq. ft. second story addition to an existing 1,617 sq. ft. single family residence in the R-1- 10,000 zone district per Chapter 15 of the City Code (cont. to 9/25/91; application expires -------- 12/20/91). --------------------------------------------------- 4. DR-90-079 - Constantin, 20855 Kittridge Rd., request for SD-90-009 - design review approval and building site V-90-037 - approval to construct a new two-story 4,390 sq. ft. residence on a 1.8 acre site within the HC-RD zone district per Chapters 14 and 15 of the City Code. Variance approval is also requested to allow the residence to be constructed on a pad with an average slope of 85o and to allow the structure to exceed the 26 ft. height limitation (cont. to 9/11/91; application expires 10/17/91). In response to Com. Caldwell°s question, Planner Walgren stated DR- 91-040 is continued because thmx was an application for a design review for a two story home and staff had concerns with the proposal. The applicant is now in the process of preparing a one story proposal. Planning Director Emslie stated it is similar reasons for DR-90-082 continuance. He stated Constantin is continued because of the legal issues regarding the creation of the lot. r • PLAPdNI~IG COF~MISSION MEETING August 14, 1991 Page 3 5. LL-91-002 - Smith, 20301 Hill Ave., request for lot line ZC-91-002 - adjustment approval to relocate an existing lot line per Chapter 14 of the City Code. The proposal also involves rezoning the properties from R-1-20,000 to R-1-40,000 to conform with the revised property lines. A Negative Declaration has been prepared (cont. to 8/28/91 to readvertise as a General Plan Amendment). ----------------------------------------------------------- CALDT~iELL/FORBES MOVED APPROVAL OF THE COIdSE1~T CALEI~YDAR. PASSED 6-0 PUBLIC HEARINGS (THE PLANNING COMMISSION POLICY RELATIVE TO PUBLIC HEARINGS IS THAT THE APPLICANT'S PRESENTATION SHALL BE LIMITED TO 10 MINUTES, AND OTHER SPEAKERS WILL BE LIMITED TO 3 MINUTES). 6. DR-91-020 - Saratoga Pacific Oaks, 14980 Gypsy Hill Rd., Lot #33, request for design review approval to construct a new 5,397 sq. ft., one-story single family residence on a 1.2 acre vacant parcel in the R-1-40,000 zone district per Chapter 15 of the City Code (cont. from 7/24/91 due to the late hour). ----------------------------------------------------------- Staff Presentation: Planner Walgren presented the staff report to the Planning Commission dated August 14, 1991. He noted staff distributed reduced elevations of the home. He reiterated comments from the staff report noting the home is visible from very few locations on the valley floor and not at all visible from Crisp Ave. He stated staff recommends approval with the conditions as outlined in the staff report. Chair Moran opened the public hearing at 7:45 p.m. Mr. Greg Brooks, Saratoga Pacific Heights, informed the Commission he would answer any questions. In response to Com. Bogosian's question regarding the Chimney stacks, Mr. Brooks stated they are within 24 inches. Com. Forbes requested the removal of the pots on the Chimney. Mr. Brooks stated he would have no objection to removing them, but felt they are an architectural element that ties into the architect of the house. • PLANNING COMAiISSION PiEETING August 14, 1991 Page 4 In response to Com. Caldwell's question regarding the stacks on the Chimneys, Mr. Emslie stated they each serve a separate fireplace. CALDWELL/FORBES MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0 DURKET/BOGOSIAN PROVED TO APPROVE DR-91-020 6dITH THE PRODIFICATION TO THE CHIMNEY TO REDUCE THE HEIGHT AND HAVE THREE SMALL. SEPARATE CAPS, SUBJECT TO STAFF APPROVAL. Chr. Moran questioned the landscaping and suggested a combination of 15 gallon trees with 24" box trees installed in the back of the property. Com. Caldwell supported Chr. Moran°s suggestion. Com. Durket and Com. Bogosian had no objection to amending the motion. The above motion was approved adding that 15 gallon trees and 24" box trees to be installed in the back of the property. Passed 6-0. 7. CITY OF SARATOGA - Proposed changes to City Code. The City of Saratoga is considering the following proposed changes to the City Code: 1. Establishment of new density standards for subdivisions in the NHR, HC-RD and Agricultural zones. 2. Establishment of a size limitation for homes located in the NHR and HC-RD zone districts. 3. Revisions to setback and coverage standards for all zones. 4. Establishment of revised clustering standards for new subdivision located in the HC-RD and NHR zones. 5. Establishment of floor area reduction factor based upon the maximum height of structure for homes located in the R-1 zone districts. 6. Revisions to the grading standards including lowering the threshold for which a permit is required. A draft Negative Declaration has been prepared. Staff Presentation: Planning Director Emslie presented the staff report to the Planning Commission dated August 14 , 1991. He stated the item before the Planning Commission is the consideration of a recommendation to the City Council to amend sections of the Residential Zoning Ordinance concerning lot sizes, subdivision, • • PLAIVIVIAIG COP9P~iISSIOAT MEETING August 14, 1991 Page 5 clustering of sites, design review regulations, setback coverage and grading. Mr. Emslie informed the Commission, included in the staff report is a draft form of a Negative Declaration, a brief summary of some of the issues the Planning Commission has addressed and a summary of some of the issues surrounding dedication of land vs. the acceptance of an easement in terms of clustering and open space development. Mr. Emslie went on to review the major changes in the Ordinance as outlined in the staff report. Mr. Emslie noted that he and the City Attorney had met with representatives of the San Marcos Heights Development who raised a question which had to do with the affects of the revised setback standards as it affects the San Marcos Heights Development. The City Attorney suggested a grandfathering clause be added to the variance section of the Ordinance. The purpose of the clause would be to acknowledge the amount of work already done in approving a development. This work would be carried from the Tentative Map and the Grading Permit to the setbacks in subsequent building permits. Keeping in mind the different permits operate under different ordinances. Com. Bogosian questioned if this clause would only relate to already approved building pads? The City Attorney said it would and in order to determine this the staff would look back through the history of the Tentative Map. In response to Com. Forbes' question regarding pads being constructed according to a legal grading permit and the developer having to regrade, the City Attorney stated the developer would have to comply to the new Zoning Ordinance. She felt setbacks would be the biggest problem. Com. Favero suggested applying the clause on a case by case basis. The City Attorney stated the blanket clause would narrow this to an already approved Tentative Map as of the date of the Ordinance. Planning Director Emslie stated it is typical for a development in Saratoga to take years to build out a subdivision and it would be better to have the grandfathering clause. Com. Durket thanked Planning Director Emslie for the information on clustering. In response to Com. Caldwell°s concern regarding site coverage in R1 districts, Mr. Emslie stated the maximum percent coverage, including necessary driveways is 55%. He explained a single driveway is 16' wide and necessary to access the property. • • PLANNIAIG COP~iISSIOAT P~EETING August 14, 1391 Page 6 Com. Caldwell suggested rewording the condition, making it clear that it is a driveway which is absolutely necessary to provide the vehicle access from the street to the enclosed parking. She also suggested in sub-section (b) of Site coverage the wording be changed to reflect all main structures. Com. Caldwell noted, regarding Clustering of lots, section (6), that it was her understanding that a reduction in building height etc is allowed. Mr. Emslie stated he would check to see if this consistent. Chair Moran opened the public hearing at 8:28 p.m. Mr. Kirk Anderson, Architect, noted he had received a copy of the proposed Ordinance changes stating that his major concerns are with the setbacks. He expressed concern about no exceptions in the variance section of the Ordinance regarding setbacks. He suggested adding section (e) to 515-13.090 to read "The Planning Commission may grant an exception to front, side or rear setbacks, given unusual site conditions such as topography, geological concerns, natural vegetation and/or pre-approved building pad sites in subdivisions approved with final maps recorded prior to the final acceptance of this Ordinance review." He noted this would give the Planning Commission another vehicle to examine on a one to one basis without additional cost to the applicant. He stated this exception would eliminate some proposals for a variance. Mr. Bill Heist, Civil Engineer stated that in addition to the final recorded map, an approved Tentative Map should be considered also. Under the Grading, he feels the 1000 cubic yards should not include a pool. He stated there should be no maximum floor area in the R1- 40, HCRD and NHR districts. He noted there are other regulations to ensure an acceptable project. Regarding the floor area reduction for height, he would like to see the R1-40 hillside lots excluded. Mr. Scott Cunningham, Scott Design Associates, stated he did not agree with the formula for determining floor area. He suggested the floor area be determined on the basis of uniform building code and adjust the size accordingly if it affects the bulk. Mr. Bob Swanky expressed concern about who is the "City of Saratoga" when changing the Ordinance. He did not support the building height restrictions. Mr. Eric Morley, representing the Board of Realtors, stated the Board has concerns regarding the 7,200 s.f. maximum and requested this be removed from the Ordinance. He also expressed concern regarding house size reduction based on height. • ~ PLANNING COMMISSION MEETING August 14, 1991 page ~ Mr. Safaria, 21757 Congress Hall Ln., noted his lot is a triangle shape and requested the front and rear setbacks be combined so as to build a house in an appropriate location. Mr. Kirk Anderson concurred with Mr. Safaria noting that combined setbacks would allow more flexibility. Mr. John DeMato stated that property owners and citizens in the City have not be properly notified and staff should consider notifying all property owners in Saratoga regarding this issue. Mr. Clay Thomas, Saratoga, stated he had not been notified of the change, he expressed concern about the zoning changes. Mr. Gerry Huston, Saratoga, stated he had not been notified. He feels many homeowners have not been informed and this zoning change affects homeowners of Saratoga. Mr. Eric Morley stated the Board of Realtors represents the homeowner. He stated the Board is concerned about preserving the residential character of the Community. In response to Com. Durket's question Mr. Morley stated his clients are informed by newsletters and communications with clients to inform them of this process. Mr. Kirk Anderson stated he is concerned about the quality of life in Saratoga. Ms. Marie Gaspar, Realtor, stated this process will cause many problems for people trying to sell property in Saratoga. She also noted that developers are not building in Saratoga because of strict regulations. FORBES/BOGOSIAN 1bIOVED TO CLOSE THE PUBLIC HEARING. PASSED 6-0 In response to Com. Favero's concerns Com. Caldwell noted residents of Saratoga spoke at previous hearings in favor of this Ordinance. Com. Durket requested a change in ,Page 3 of the Ordinance, Section 515-11.080 (b) ..."maximum height of any main or accessory structure..." to "...maximum height of all main and accessory structures...", this change should be incorporated throughout the document. Com. Durket stated that 18' should be the cut off for one story and requested a change on Page 15 to reflect having no reduction until 18'1". He noted he would like to adopt part of Mr. Anderson's language to read "The Planning Commission may grant an exception to front, side or rear setbacks when there has been prior Planning Commission approval of building pad sites and subdivisions approved with Tentative and Final Maps recorded prior to adoption .: • PLANNING COMMISSION MEETING August 14, 1991 Page 8 of this Ordinance". This language should be in the variance section. Com. Bogosian stated the height limit should start at 18' 1" and would support the amendment to that affect. Regarding the grandfathering clause he would like the language wrote in a legal memo for review. Com. Caldwell concurred with Com. Durket she supported his suggestion, to be written in the variance section. She noted exceptions would only be granted for those subdivisions in which building site locations are an issue. Planning Director Emslie stated there has to be substantial evidence before an exception is granted. The City Attorney explained the issuance of a Grading Permit. Planning Director Emslie stated that the grading of a subdivision needs to be done on a comprehensive basis which staff will address. In response to this Com. Caldwell stated this would be her recommendation, to include this criteria in any exception that is drafted. She stated obtaining a legal memo may hold up the process. Mr. Emslie stated there would be appropriate time to review a legal memo. Commissioner Caldwell continued her changes to the Ordinance. Page 3, add a third finding to read "The exception will not result in the removal of any protected tree as described in Section 15.50- 050" She stated the purpose of this exception is because it would be unacceptable to allow an applicant to exceed the allowable impervious coverage threshold by way of the exception process. She feels an applicant should be encouraged to work around an ordinance tree. She would also like to see this repeated in the site coverage sections. In response to Com. Caldwell°s question Mr. Emslie stated the clustering and ROS would be identical. Com. Favero spoke in support of Com. Caldwell°s third exception. Mr. Emslie stated Com. Caldwell's suggestive third language is similar to the grading findings. Com. Bogosian stated he would like to see specific language rather than general. Com. Durket stated there may be a problem when trying to get an • • ., , PLANNING COPgNIISSION P4EETING , August 14, 1991 Page 9 exception into the site coverage that will not result in the detriment to natural land forms and vegetation. Com. Favero would like specifics as to environmental impact. Com. Caldwell would like to see a specific exception that no ordinance tree be removed. Chr. Moran stated she was not in support of the third finding. She stated she would like to be able to consider site coverage independent of an ordinance tree. She noted she would have no objection to preserving and protecting the natural vegetation. Com. Favero stated the Planning Commission should be encouraging one-story, therefore not be too restrictive when considering site coverage. He noted he would like. to see Com. Caldwell's proposal be incorporated in the Ordinance.' Mr. Emslie stated Com. Caldwell°s proposal does not differ from ancillary coverage. Com. Forbes suggested language such as "it is prohibited to unduly manipulate the environment". Chr. Moran stated the Planning Commission has the ability to ensure site coverage exceptions are sensitive to the vegetation. Com. Durket stated consideration .for the removal of an Ordinance size tree does not mean an exception has to be granted. He feels it is an important issue, but not a finding. The City Attorney agreed with Com. Durket. Com. Caldwell stated she would like a third finding to address the environment in general terms and would like staff to write this finding. Com. Bogosian stated she would like to see some specifics in the third finding. Com. Favero concurred. Com. Caldwell addressed Maximum building height. She stated under 18'1" should be deleted and feels anything above 22' should be dealt with differently with regards to floor area reduction. She suggested increasing the percentage for penalty when exceeding the 18' height limit. Commissioners Caldwell and Favero felt the percentage should be higher when exceeding 22 ft. to discourage height. Both Commissioners felt the numbers are not adequate to reach the goals of the Planning Commission and suggested 4% and 5%. .. • PLANNING COMMISSION MEETING August 14, 1991 Page 10 After much discussion relating to the penalty figures it was agreed by Commissioner that 2% plus 20 in all zoning districts would be acceptable. In response to Chr. Moran's question regarding setbacks, Mr. Emslie stated it is staff's intent to increase second story setbacks. Com. Favero addressed the grading with regards to the 1000 cubic yards which include a swimming pool. Mr. Emslie stated a typical pool is 150-200 cubic yards. Com. Favero felt this is a significant percentage of the total cubic yards and asked if the amount of cubic yards for grading should be reduced? In response to Chr. Moran's question Mr. Emslie stated the 1000 cu yds often excludes the pool. He noted including the pool is a means of tightening up the rules. Chr. Moran suggested changing the figure to 1200 cu. yds. to include pools. Com. Caldwell spoke in support of staff recommendation of 1000 cu. yds. Com. Favero also spoke in support of staff recommendation. Floor area was discussed. Planning Director Emslie stated the formulas used will stay as is. Regarding design review Chr. Moran stated in larger homes it is more difficult to make the findings on mass and bulk. CALDWELL/FORBES MOVED TO ADOPT RESOLUTION AZ-9i-001 WITH THE FOLLOWING TbIODIFICATIONS: PAGE 9 (B) TO READ n...TttTHEN THE MAXIMUM HEIGHT OF ALL OF THE STRUCTURES ON THE SITE...9° THIS IS TO APPLY THROUGHOUT THE DOCUMENT; NO DEDUCTION UNTIL HEIGHT IS OVER 18°1°t AND THAT IS 2% PLUS 20 FOR EACH FOOT OVER 18' UP TO THE MAXIMUM OF 26° FOR ALL ZONES; PAGE 8 DEFINE CLUSTERING TO ENSURE IT IS CONSISTENT WITH ROS; DIRECTION TO STAFF TO PREPARE THE LANGUAGE FOR THE GRANDFATHERING CLAUSE WITH RESPECT TO SETBACKS AND ALSO STAFF TO DEVELOP LANGUAGE FOR A THIRD FINDING IN THE SITE COVERAGE SECTION WHICH COVERS ENVIRONMENTAL PROTECTION. PASSED 6-0 The Commission took a break at 10:15 p.m. The meeting readjourned at 10:26 p.m. Commissioner Durket did not return after the break. • • PLANNING COMP~ISSION FLEETING August 14, 1991 Page 11 8. DR-91-014 - Saratoga Pacific Oaks, 19244 Crisp Ave., request for design review approval to construct a new 5,374 sq. ft. two-story residence in the R-1-40,000 zone district per Chapter 15 of the City Code. The subject property is Lot #17 of the San Marcos Heights subdivision (Tract #8316). ----------------------------------------------------------- Staff Presentation: Planner Walgren presented the staff report to the Planning Commission dated August 14, 1991. He noted the applicant is proposing in combination with the landscape plan and the site specific plan to replant 15 oak trees of various species, which will be installed prior to occupancy. Planner Walgren addressed Condition 3 regarding height noting staff has discussed this with the applicant and the matter will be resolved. Chr. Moran opened the public hearing at 10:29 p.m. Mr. Gregory Brooks, Saratoga Pacific Heights, stated with regards to Condition 3 to lower the roof he will comply. He stated only the ridge line is over 26' which is a very minimum part of the house. He stated most of the house is under 26 ft. CALDWELL/BOGOSIAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0 CALDWELL/BOGOSIAN MOVED TO APPROVE DR-91-014 WITH COND. 11 TO INCLUDE A MIX OF 24" BOX TREES AND 15 GALLON TREES. PASSED 5-0 9. SD-90-011.1 - Houston, 14810 Sobey Rd., request for modification to a condition of tentative map approval per .Chapter 14 of the City Code. ----------------------------------------------------------- Staff Presentation: Planner Walgren presented the staff report to the Planning Commission dated August 14, 1991. He noted the City Engineer has no objections to modifying the resolution as outlined on the revised resolution. In response to Com. Bogosian's question regarding improvements, Planner Walgren stated the improvements are minor. Planning Director Emslie stated there are very little off-site improvements. Planner Walgren addressed Condition 19 the words "...as required by the central fire district.'P should be added to the sentence. Chr. Moran opened the public hearing at 10:37 p.m. Mr. Bill Heist, Civil Engineer, stated the utilities lines are already in place. He noted they are basically up-grading the driveway. - • PLANNING COMMISSION RiEETING August 14, 1991 • Page 12 Mr. Gary Houston stated there would be no curbs or gutters required and also noted the utilities line are in place. CALDWELL/FORBES MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0 FORBES/CALDWELL MOVED TO APPROVE SD-90-011.1 INCLUDING THE ADDITIONAL WORDING TO CONDITION 19. PASSED 5-0 10. DR-91-049 - Tai, 21451 Continental Circle, request for design review approval to construct a new 7,105 sq. ft. two-story residence per Chapter 15 of the City Code. ----------------------------------------------------------- Staff Presentation: Planner Walgren presented the staff report to the Planning Commission dated August 14, 1991. He noted the proposal is similar in design to the prior application with the major exception to the length which has been reduced to 106 ft. In response to Com. Forbes' question, Planner Walgren noted the house is wider. Planner Walgren also noted there are minor changes to the landscaping. In response to Com. Favero's question Planner Walgren stated there are similar length homes in the area. Chr. Moran opened the public hearing at 10:43 p.m. Com. Favero and Com. Caldwell informed the Commission of phone calls they both received from the applicant. Mr. Paul Tai, Cupertino, stated the home has been reduced to 106 ft. on staff's recommendations. He feels this is as much reduction as possible and urged the Planning Commission for approval. FORBES/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0 CALDWELL/FORBES MOVED TO APPROVED DR-91-049 WITH THE FOLLOWING MODIFICATIONS: COND. 10 BE MODIFIED TO REFLECT DROUGHT TOLERANT SPECIES IN THE LANDSCAPING; COND. 11, REMOVAL OF THE FOUNTAIN AND THE ADDITIONAL LANDSCAPE PLANS BE IN CONFORMANCE WITH COND. 10; IN ADDITION THE LANDSCAPE PLANS SHOULD INCLUDE SCREENING AROUND THE LAWN AND PLAY AREA; COND. 9, DARK EARTH TONE COLOR REQUIRED. Com. Favero suggested the approval of the project contingent upon submission of an acceptable landscape plan. Chr. Moran stated she would like to see more trees on the plans, particular on the southeast corner. The above motion carried 5-0. .. 7~ _, _; PLANNING COMMISSION MEETING August 14, 1991 Page 13 11. V-91-011 - Combellick, 13810 Saratoga Ave., request for variance approval to allow a 6 ft. tall sound wall to be located within a required front yard setback, a 6 ft. tall fence and lap pool to be located within a required exterior side yard setback in the R-1-20,000 zone district per Chapter 15 of the City Code. ----------------------------------------------------------- Staff Presentation: Planner Walgren presented the staff report to the Planning Commission dated August 14, 1991. He noted this is a 3 variance request to complete his yard and surrounding improvements. He noted staff feels the applicant meets the criteria for the variance as outlined in the staff report. Planning Director Emslie informed the Commission that Com. Durket supported the variance for the sound wall only. Com. Bogosian questioned what is the absolute closest property line, excluding the roads to the property on the west? Planner Walgren stated approximately 30 ft. He also noted the two driveways will remain. Chair Moran opened the public hearing at 10:55 p.m. Mr. Tom Combellick stated it is 75 ft. from the pool to the property line on the other side of the driveways and 48 ft, to the rear property line. He stated he will comply with staff recommendations. In response to Com. Forbes' question Mr. Combellick stated the lap pool is 16 ft. x 40 ft. BOGOSIAN/FAVERO MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0 Com. Caldwell questioned if the sound wall would conform to the Heritage Commission's development of the fence Ordinance? Planning Director Emslie stated this process has not be completed at this time. FAVERO/BOGOSIAN MOVED TO ADOPT V-91-001 SUBJECT TO STAFF°S RECOMMENDATIONS. Com. Bogosian stated he has visited the site and can make the findings to approve the Variance requests. Com. Favero stated he also visited the site and the applicant°s wall would be an extension of an existing wall. He praised the applicant for preserving the tree on his property. Chr. Moran stated she will not support the variance requests. She :, .+. PLAIJMIYYG COP~MISSIOld MEETING August 14, 1991 Page 14 expressed concern regarding a 6 ft. wall on a heritage lane while an Ordinance is being developed for Heritage Lane on Saratoga Ave. Com. Caldwell noted the Heritage Commission had reviewed this application for the sound wall and had no objections. She stated she would accept staff°s recommendations for the variance request. The above motion was carried. Passed 4-1 (Chr. Moran opposed) DIRECTOR°S ITEMS Planning Director Emslie informed the Commission of dates for the circulation meetings and study sessions. He noted the meetings will be noticed. Chr. Moran noted that all Commissioners are encouraged to attend the Circulation Workshops. COMMISSIOPI ITEMS Com. Forbes requested that applications should be heard first in the public hearings and then City business. He stated he would like a specific time frame for site visits. Com. Bogosian agreed with Com. Forbes, but felt much of the audience at this hearing was here for item 7 which was the Design Review. Com. Caldwell stated the time spent on the Design Review at this hearing was well spent. She feels Ordinances etc. are important as this is the public process. Chr. Moran spoke in support of the agenda. Com. Bogosian requested that staff add boxed oak trees to conditions regarding landscaping. The City Attorney informed the Commission she would be absent at the next hearing. .. • i .. -_ •~ PLA1~fNING COP~ISSION A~EETING August 14, 1991 Page 15 COMMUNICATIONS Written 1. City Council Minutes - 7/17/91 2. Heritage Preservation Minutes - 7/10/91 Oral City Council Planning Director reported on the City Council°s meeting. ADJOURNMENT Having concluded business, the Planning Commission adjourned at 11:25 p.m. to the next Regular Meeting of August 28, 1991 at 7:30 p.m. C0.~~~ K ~ ~.o-C~c~d Catherine M. Robilla~ Minute Clerk . • i PLAN1VIAiG COI+~NiISSIOYd F4EETIAIG August 14, 1991 Page 15 Cont. to August 1. DR-91-021 - Blackwell, 20011 Bella Vista, request for design review approval to demolish an existing one-story single family residence and construct a new 6,209 sq. ft. two-story residence on a 1.075 acre site, in the R-1- 40,000 zone district per Chapter 15 of the City Code (cont. to 8/28/91). ----------------------------------------------------------- Cont. to 8/20/91 Study Session 6. DR-89-041.1 - Dividend Development Corp., Owner; Chapman & SM-91-003 - Wilson, Applicant; 13150 Saratoga Ave., request ZC-91-001 - to modify previously approved site develop- SD-89-006.1 - ment plans for the senior housing portion of the former Paul Masson site. The applicants propose the following on an 11.07 acre parcel located on the southerly half of the Masson site zoned MU-PD: A. 192 condominium units B. 21 patio homes C. 40 beds - personal care D. 80 beds - skilled nursing The owner and applicant are requesting to amend the height limitation prescribed for the MU-PD zone district. The owner and applicant request a maximum height of 46 ft. to allow a three-story structure. This would exceed the 30 ft., two-story limit prescribed for the MU- PD zone district. The owner and applicant are also requesting to extend the design review and subdivision approvals which are scheduled to expire on August 23, 1991. The owner and applicant are also requesting modification to conditions of approval requiring cash deposits at the close of escrow for each townhome unit. ----------------------------------------------------------- 9. DR-91-006 - Chadwick, 21152 Chadwick Ct., request for design review approval to construct a new 5,659 sq. ft. :~. • • PLAA~AJI1dG COF~ISSIOId F~iEETING August 14, 1991 Page 16 two-story residence per Chapter 15 of the City Code. The subject parcel is 2.8 acres in area and is Lot #6 of Tract 7770, the Chadwick Place subdivision.