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HomeMy WebLinkAbout09-11-1991 Planning Commission Minutesi • ~;,\ ~. • CITY OF SARATOGA PLANNING COMMISSION MINUTES DATE: September 11, 1991 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Ave. TYPE: Regular Meeting ---------------------------------------------------------------- Roll Call Chair Moran called the meeting to order at 7:30 p.m. Present were Commissioners Moran, Favero, Forbes, Tucker, Bogosian and Caldwell. Commissioner Durket was absent. Pledge of Allegiance Minutes ORAL COMMUNICATIONS (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.) There were no requests. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 6, 1991. Technical Corrections to Packet Planner Walgren stated that item number 10 on the public hearing agenda, DR-91-065.1, the title on the Resolution, page 78, the first Whereas, "...a one year extension to a design review approval application to construct a 3,785 sq. ft. two-story residence." In addition, on page 82 of the same Resolution, where it says" Section 3 construction is to be commenced within 24 months..." needs to be changed to 12 months. 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-90-079 - 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 85% and to allow the structure to exceed the 26 ft. height limitation (cont. to 10/9/91; application expires 10/17/91). 1 • ~ Commissioner Bogosian requested this item be removed from the Consent Calendar. He asked Planning Director Emslie if the Planning Department has received a tentative map application for this lot. Planning Director Emslie stated a map has not been received; the City Attorney has prepared a draft Certificate of Compliance which contains as a condition a requirement for the applicants to submit a tentative map application for their single lot. The document has been forwarded to the applicant for review; the applicant has indicated they would like to prepare a response to the findings of the City Attorney. MOTION to continue this item to October 9, 1991. M/S Caldwell/Favero Ayes 6 Absent 1 (Durket) ----------------------------------------------------------- 2. DR-91-026 - Ruehle, 21097 Comer Ave., request for design review approval to construct a new 5,221 sq. ft. two-story residence on a 1.95 acre site within the NHR zone district per Chapter-15 of the City Code. A rear yard pool, pool house _~- and associated decking are also proposed (cont. to 9/25/91; application expires 11/19/91). Commissioner Caldwell requested this item be removed from the Consent Calendar, indicating she would like a status report on this item. Planning Director Emslie stated that the reason for the continuance is because there is some review needed by the geologist, and it is policy to not present applications to the Planning Commission with outstanding geologic review. MOTION to continue DR91-026 to September 25, 1991. M/S Caldwell/Forbes Ayes 6 ----------------------------------------------------------- 3. DR-91-053 - Chyan, 20767 Sevilla Ln., request for exemption from under floor area restriction for the construction of a deck to an existing two-story home in the R-1-12,500 zone district per Chapter 15 of the City Code. Motion to approve the Consent Calendar, consisting of Item No. 3, Chyan, DR-91-053, per the staff reports. M/S Tucker/Bogosian Ayes 6 ----------------------------------------------------------- 2 • • PUBLIC HEARINGS 4. DR-91-023 - Sinsley, 12496 Parker R, design review approval 4,651 sq. ft. two-story zone district within subdivision per Chapter (cont. from 8/28/91). inch Ct., request for to construct a new residence in the NHR the Parker Ranch 15 of the City Code Planner Walgren reported that this item was continued from the last public hearing due to the lateness of the hour; the applicant is requesting design review approval to construct a new 4600 sq. ft. residence within the Parker Ranch subdivision. He reported the house would be located along the west side of the Parker Ranch hills; this same application was approved by the Planning Commission in 1988 and was issued a zone clearance by the Planning Department; the application remained inactive in the Building Department and the applicant learned when attempting to pull building permits that the application has expired. Planner Walgren stated that staff feels that design review findings can be made to support the application as submitted with additional conditions numbered 12 and 13 in the Resolution. He further added language to the design review Resolution regarding the exception for the 15 ft. height accessory structure. This was added under the fifth finding of the resolution. Commissioner Caldwell asked for staff's recommendation with respect to when the landscaping should be installed. Planner Walgren stated the landscaping should be installed prior to final occupancy. Commissioner Caldwell also asked for the findings regarding the floor area. Planner Walgren reported that the Code permitted exception requires the Planning Commission make all findings in the design review section. Commissioner Favero asked what the rear elevation looked out upon. Planner Walgren responded it will be facing the canyon area to the west. Commissioner Moran inquired about a future pool, asking for an estimate of grading if a pool is constructed in the future. Planner Walgren stated that there are restrictions on the degree of slope a pool can be placed on and if an application is made in the future, the cumulative grading will be considered. Chair Moran opened the public hearing at 7:52 p.m. Doug Sinsley, 1512 Jarvis Ct., the applicant, spoke regarding his preference for copper roofing material. Mr. Sinsley also presented photos of copper roofs for the Commissioner's review. Commissioner Forbes asked how long it takes for a copper roof to age. The applicant indicated it was just a matter of time and he would consider using chemicals to speed the process up. 3 s MOTION to close the public hearing at 7:55 p.m. M/S Tucker/Forbes Ayes 6 Commissioner Tucker indicated a desire to add language that the underfloor area cannot be enclosed since the applicant has already exceeded the floor area limit. Planner Walgren suggested adding that as a condition. He further stated that a new condition (#3) be added requiring the total square footage on the site shall not exceed what is being approved with this proposal. Commissioner Tucker stated she would be comfortable adding as part of condition #5 only the reference to not enclosing the underfloor area. MOTION to approve DR-91-023 with the addition of a condition preventing conversion of the underfloor area; landscaping be installed prior to final occupancy on the East elevation and the copper roof be oxidized at the time of final inspection. M/S Tucker/Forbes Commissioner Caldwell reminded the Commission that they have proposed to the City Council omission of the section from the City Code that would permit such a floor area exceedance. She indicated she cannot make the findings in respect to the floor area exceedance and suggested some type of architectural device to break up the wall that would face the open space easement. Commissioner Favero stated he feels the elevations for the garage should be reviewed by staff as he would like to see a reduction in size and impact to the surrounding area. Commissioner Caldwell asked that the motion be amended to reduce the floor area to the maximum allowed by code. Commissioner Bogosian seconded the amendment. Commissioner Tucker reminded the Commission that what is being reviewed tonight is currently allowed and she is voting in favor based on that. Commissioner Caldwell clarified that she is reminding the Commissioners of the rationale and is asking that the Planning Commission take this into account when considering the design review findings. Chair Moran stated that while she is in favor of preserving open space, this project has already been approved and the applicant should be allowed to move forward with the way the house is currently designed. Planning Director clarified for the Commission that this is not a request for an extension; the original application expired and this is to be reviewed as a new request. Commissioner Caldwell clarified for the Commission that the amendment is not to vote the project down, but to omit from the approval the floor area exceedance, permitting the balance of the project to go forward. 4 • Doug Sinsley, 1512 Jarvis Ct., applicant, maintaining the extra square footage. CALL FOR THE QUESTION (amendment) Motion failed. spoke in favor of Ayes 3 Noes 3 (Forbes, Tucker, Moran) Commissioner Caldwell suggested that on page 136 of the Resolution, the third finding be modified to state there is no tree removal. Planning Director Emslie restated the original motion for clarification. CALL FOR THE QUESTION Ayes 4 Noes 2 (Caldwell, Favero -------------------------------------------------------------- 5. DR-91-035 - Chen, 12505 Crayside Ln., Lot #18, request for design review approval to construct a new 4,789 sq. ft. two-story residence on a one acre parcel within the R-1-20,000 zone district per Chapter 15 of the City Code. The subject property is Lot #18 of the Beauchamps subdivision (Tract #8316) (cont. from 8/28/91). Planner Riggs presented the staff report to the Planning Commission, indicating that staff concerns regarding the amount of cut and fill has been addressed by the applicant. She further stated that staff recommends approval of this project. Chair Moran opened the public hearing at 8:25 p.m. Steve Yang, 1150 N. First St., San Jose, architect, indicated he was representing the owner, Mrs. Chen, and would be happy to answer any questions the Commissioners may have. Mr. Yang showed a picture of the proposed home. Commissioner Forbes asked if the architect would be amenable to removing the inverted covers on the top of the chimneys. Mr. Yang stated he would be agreeable to removing them. Chair Moran asked if the possibility of reducing the size of or removing the front porch element had been considered. Mr. Yang stated that they are proposing the porch to go along with the rest of the house. MOTION to close the public hearing at 8:29 p.m. 5 • M/S Caldwell/Forbes • Ayes 6 Commissioner Bogosian stated he visited the site previously; is unable to make the design review findings for this building in terms of its height and bulk for the lot. He stated that the design as proposed would be incompatible with existing houses in the neighborhood. He suggested the house be lowered, reduce the chimney caps, and eliminate the columns and ballisters. Commissioner Caldwell agreed with Commissioner Bogosian and would also like to reduce the over-built look of the lot by reducing the circular drive in the front. Commissioner Forbes stated he would be in favor of continuing this item and would like to have height poles and have the footprint outlined as he is not certain that this is not going to block neighbors views. Commissioner Favero expressed concern with the manner in which staff formulates recommendations on projects that come before the Planning Commission. He further stated that this design seems to be inappropriate for the location. Planner Riggs reported that staff did request that the architect reduce the porch element, but the applicant preferred to go forward with the project as it is presented this evening. Commissioner Tucker stated she is pleased with the setbacks but she would defer to the Commission since she has not viewed the site. Chair Moran asked about the possibility of the applicant pulling back the second story approximately 8 ft. to avoid the massive look. She asked the architect if he would be willing to move this to a study session and Mr. Yang indicated he would prefer the study session. MOTION to continue DR-91-035 to a study session; applicant to outline the footprint of the building site; and to put site poles on the property. M/S Forbes/Favero Commissioner Favero suggested a study session may not be the best approach unless the applicant is prepared to consider substantial redesign of the structure. Commissioner Caldwell expressed concern with going to study session since the Commission is considering a lot of changes; suggested staff give the applicant sufficient direction on a new application. Commissioner Caldwell asked for direction from staff, and Planning Director Emslie responded that continuing the public hearing could accomplish the same effect, allowing the applicant time to submit revised plans. Commissioners Forbes and Favero withdrew the motion to go to a study session. MOTION to continue DR-91-035 to a public hearing to be held on October 23, 1991. M/S Forbes/Bogosian Ayes 6 6 r • Commissioner Forbes requested that the footprint of the building is outlined and site poles are erected prior to the public hearing. ----------------------------------------------------------- 6. DR-91-042 - Westbrook, 20611 Lomita Ave., request for design review approval for a 1,003 sq. ft. one and two-story addition to an existing 2,077 sq. ft. one-story residence for a total of 3,080 sq. ft..per Chapter 15 of the City Code. The parcel is 9,281 sq. ft. located within the R-1-10,000 zone district (cont. from 8/28/91). Commissioner Bogosian indicated he was stepping down during discussion of this item because he lives within the noticed area. Planner Walgren presented the staff report, indicating that this plan was first heard by the Commission at the August 28 public hearing and the Commission continued the item to a study session to visit adjacent parcels. Staff's recommendation is to recommend the application with the addition to condition number 7, to replace the bamboo along the northwest property line. Mr. Walgren noted a minor change to condition number 12 of the resolution, indicating it should be amended to include that clerestory glass on upper level windows, at the applicants discretion, shall be used on the second story to mitigate privacy concerns. He further noted that a letter was received opposing this proposal from an anonymous party. Commissioner Caldwell asked if it is possible to move the proposed addition in the northeast direction away from the pine and walnut trees and still remain within setback requirements. Planner Walgren responded that the applicant has not given specifics, but the only way to fully protect the tree would be to move the project completely out of the trees drip line. Mr. Westbrook, applicant, responded to the anonymous letter submitted to the Planning Commission tonight. He stated he is a contractor, not a developer and he finds the Monterey pine tree to be a nuisance but is willing to support saving the tree. Commissioner Caldwell asked the applicant if he would consider moving the addition out of the drip line and he responded that he had not given this option any consideration. Stan Bogosian, resident of Lomita Avenue, stated his support of the application, adding he wants the tree preserved. Chair Moran closed the public hearing. MOTION to continue this item to a public hearing and a study session set for October 1 to relocate the addition to save the tree and have the arborist in attendance at the October 1 study session; 7 • • continue to allow Barrie Coate, Arborist, to recommend additional conditions to ensure to the maximum extent possible the survival of the tree. ----------------------------------------------------------- 7. DR-91-022 - Orosz, 14113 Pike Rd., request for design SD-89-011.2 - review approval to construct a new 5,217 sq. ft. two-story residence on a one acre site within the NHR zone district per Chapter 15 of the City Code. Modification to condition #27 of SD-89-011 is also requested to allow the structure to exceed the 200 ft. contour elevation. Planner Walgren presented the staff report and project history. Commissioner Bogosian questioned staff's objective to lowering the house to conform with the 200' contour elevation. Planner Walgren described staff's concerns related to the prominence of the site and that the proposed design should be lowered in order to reduce visual impact to the wider region. Commissioner Caldwell asked about tree #3 which was not shown on the site plan, and Planner Walgren responded that the tree would have to be removed due to construction. Mr. Orosz, the applicant, addressed the application and asked questions about how the height limits were established by the Planning Commission at the building site approval phase of this project. He further stated he would like to build the turret and noted there are other homes in Saratoga with turrets. Mike Helms, 200 Seventh Ave., Santa Cruz, architect, addressed the Planning Commission primarily regarding the height of the lot. He indicated his client would like to raise the elevation of the house, but they are trying to stay within the intent of the ordinance and keeping it as low as possible. He further stated that it is possible they can reduce the mass of the front element. MOTION to close the public hearing at 9:58 p.m. M/S Caldwell/Forbes All ayes Commissioner Caldwell stated she is concerned with the proposed removal of the two 13" oaks and would like to add to the list staff has prepared that preservation of those two oaks be included in any revisiting of this application. Commissioner Bogosian stated he would like to see the 200' height limitation adhered to. He further indicated support for the preservation of the two oak trees. 8 • • Commissioner Forbes expressed concern with the amount of glass in the northwest elevation and the potential reflection of the sun. Commissioner Favero indicated he would support this application if it were to be kept as rural as possible. He would also request that the applicants consider a one store alternative. MOTION to continue DR-91-022 and SD-89-011.2 to October 9, 1991. M/S Tucker/Bogosian All ayes ----------------------------------------------------------- 8. UP-91-007 - Rodriguez, 12308 Crayside Ln., request for use permit approval to construct a pool house within a required rear yard setback on a 37,462 sq. ft. parcel within the Beauchamps subdivision per Chapter 15 of the City Code. Planner Walgren presented the staff report, indicating that staff feels the necessary findings can be made to recommend approval with the conditions made in the resolution including #3 which requires submittal of revised plans showing the pool cabana being lowered to a maximum of 12' prior to the issuance of zone clearance. Chair Moran opened the public hearing at 10:12 p.m. David Fox, 100 N. Third St., Campbell, landscape architect, explained the reason for the increased height of 13' to match the roof pitch of the main house. MOTION to close the public hearing at 10:14 p.m M/S Favero/Forbes All ayes MOTION to approve UP-91-007 per the applicants request of a 13' height limitation, amending the resolution to state that the Planning Commission finds that the 13' exception can be supported and that it provides architectural compatibility with the residence. M/S Bogosian/Favero All ayes ----------------------------------------------------------- 9. DR-91-046 - Vaudagna, 19695 Glen Una Dr., request for design review approval for a 183 sq. ft. one- story and a 51 sq. ft. two-story addition to an existing two-story home which exceeds 6,000 sq. ft. of floor are in the R-1-40,000 zone district per Chapter 15 of the City Code. Planner Riggs presented the staff report, indicating that staff recommends approval of this application. 9 • • Chair Moran opened the public hearing at 10:20 p.m. Park Miller, #2 N. Santa Cruz Ave., Ste. 209, Los Gatos, architect, was present to answer questions of the Planning Commission. MOTION to close the public hearing at 10:20 p.m. M/S Caldwell/Forbes All ayes Commissioner Forbes stated he would abstain from voting due to a personal friendship with the applicant. Commissioner Tucker asked if the proposed parking is sufficient and Planner Riggs responded that parking will be sufficient to accommodate the second unit. MOTION to approve DR-91-046 per the staff report. M/S Caldwell/Favero Ayes 5 Abstain 1 (Forbes) ----------------------------------------------------------- 10. DR-89-065.1 - Rivoir, 14917 Vine St., request for a one year extension of time for a design review approval of a 3,727 sq. ft. two-story residence in the R-1-20,000 zone district per Chapter 15 of the City Code. Planner Walgren presented the staff report, indicating that staff has included additional conditions pertaining to the completion of Vine Street improvements. Commissioner Bogosian asked about the conditions to improve Vine Street, and Planner Walgren responded that the conditions the applicant is responsible for are contained in City Council Resolution 2561, and Planning Commission Resolution SD-88-013. He further reported they are responsible for improvements to the end of Vine Street. Commissioner Caldwell addressed the tree situation, clarifying that two oaks and a eucalyptus be replaced with one 24" box tree in addition to the other trees. She proposed replacement of the trees on a trunk diameter basis. Commissioner Caldwell further noted that there is trash and debris around the 8" oak that should be removed as soon as possible. Chair Moran opened the public hearing at 10:32 p.m. Richard Rivoir, applicant, addressed the improvements on Vine Street and indicated he and his architect were present to answer any questions the Planning Commission may have. 10 • • MOTION to close the public hearing at 10:36 p.m. M/S Tucker/Forties All ayes MOTION to approve the one year extension and modification of tree replacement on a trunk diameter basis and approve DR-89-065.1 M/S Forbes/Tucker All ayes il. AR-91-016 - GTE Mobilnet, 14375 Saratoga Ave., appeal of denial of Administrative Review to construct a 40 ft. tall monopole cellular transmission tower within the Professional and Administrative Office (PA) zone district per Chapter 15 of the City Code. Planner Riggs presented the staff report and project history to the Planning Commission, indicating the application had previously been denied due to the inability to mitigate the visual impact of the tower. She stated the applicant has only lowered the tower 10' but has not mitigated the visual impact. Staff had further requested information regarding transmission waves and the effects on nearby electronic equipment, but this information was not provided until after the agenda packets were mailed. She called the Commissioner's attention to the additional material submitted in an attempt to address these concerns. Planner Riggs reported that staff is recommending denial based on the inability to mitigate the visual impacts however staff could support a proposal similar to what the Planning Commission saw on June 12 provided that adequate screening could be provided. Ms. Riggs stated this may require the applicant to rearrange the parking layout. Staff would also recommend that the chain link fencing be replaced with some type of wood structure that would completely screen the base. Commissioner Caldwell addressed the possibility of a condition that would provide some sort of compensation for any damage by interference to neighboring businesses or land owners. Chair Moran opened the public hearing at 10:55 p.m. Peggy Cocker, representative for GTE Mobilnet, addressed the Planning Commission regarding the proposed modifications. She stated the monopole of a 40' height is a permitted use in the PA zone district. Ms. Cocker further stated that GTE is very eager to work with staff, but with a 40' pole there is going to be a visual impact that cannot be completely hidden. She stated it is felt that the two pole proposal is workable, and they are interested in working with staff on the landscaping ideas. Ms. Cocker also stated that GTE has never had problems with interference and GTE feels comfortable in agreeing that if there is any interference they will remove their antennas. ~ Ms. Cocker generally addressed all concerns, and asked the Commission to overturn staff's 11 • recommendation for denial or alternatively grant a continuance to allow GTE to explore with staff the visual impact. Commissioner Favero stated he has experienced no difficulty with his cellular service, therefore does not feel that putting up the antenna will accomplish anything more from a service viewpoint; as to lines being down, his cellular was down during the last earthquake just like the telephone lines, so he sees no advantage there; and he is appalled that GTE is trying to diminish the appearance of the Village that the City is trying to protect. He further expressed concern with GTE's threat of litigation if the project is not approved. He feels staff is perfectly right to deny this application. Ms. Cocker responded that GTE has worked with closely with staff over the last year; this is a very important site to them and if they forced to go to the PUC they will. She indicated that GTE is responding to complaints from customers in the area and they are trying to supply service with the least visual impact possible. Chair Moran called a 5 minute break to allow the City Attorney to respond to questions raised by Commissioner Favero regarding possible conflict of interest. The meeting reconvened at 11:12 p.m with the Commissioners present. Commissioner Favero stepped down due to possible investments in GTE per the City Attorney's opinion, but he will be speaking against this matter as a private citizen. Commissioner Tucker expressed a concern that perhaps other Commissioners may have a conflict also. The City Attorney advised that this could be seen as a direct financial impact on anyone who may have holdings in GTE through mutual funds, but more research is required to determine if there is in fact a conflict. MOTION to continue this item to the September 25 meeting to allow the City Attorney to research the issue of conflict of interest concerning Planning Commissioners holding mutual funds in GTE. M/S Caldwell/Bogosian All ayes Chair Moran offered an apology on behalf of the Planning Commission for the unexpected circumstances. 12. DR-91-047 - Donohoe, 14441 Oak Place, request for V-91-012 - variance and. design review approval to reconstruct a portion of an existing 2,588 sq. ft. residence which encroaches into the exterior side yard setback within the R-1- 10,000 zone district per Chapter 15 of the City Code. 12 • • Planner Walgren presented the staff report indicating that staff recommends approval of both the design review and the variance request with the conditions contained in the resolutions. Chair Moran opened the public hearing at 11:27 p.m. Warren Heid, architect, reviewed for the Planning Commission the circumstances under which the building lines were established. MOTION to close the public hearing at 11:29 p.m. M/S Forbes/Caldwell All ayes MOTION that the application be approved by adopting the resolution V-91-012 and DR-91-047. M/S Favero/Forbes Commissioner Tucker and Chair Moran expressed concern with the front yard setback. Commissioner Bogosian stated he was unable to make the findings for the garage. CALL FOR THE QUESTION Ayes 3 Noes 3 Motion did not pass Warren Heid requested clarification from the Commission as to a better location for the garage and expressed concern with destroying the integrity of the site. MOTION to approve V-91-012 with the condition to eliminate the addition to Orchard Place. M/5 Tucker/Forbes Ayes 5 Noes 1 (Bogosian) MOTION to approve DR-91-047 with the changes to meet the variance requirement. M/S Tucker/Forbes Ayes 5 Noes 1 (Bogosian) DIRECTOR'S ITEMS 1. Review of the draft report from the Planning Commission to the City Council dealing with a number of issues related to the R- OS zone. Planning Director Emslie reported that Council will receive a memo at their September 18 meeting if the Planning Commission approves this evening. He further noted that the final version of the R-OS 13 ~ • Zone was included on the Commissioner's packets with areas underscored to show the Commission where staff has made minor wording changes and some clarifications. Mr. Emslie reported that the City Attorney has requested that the last sentence on paragraph F on page 9 to a higher position, placing it as paragraph C on the previous page in order that it would stand out more for enforcement purposes. This requirement relates to the City's attitude towards the application not being complete until all of the engineering and geotechnical reports are complete. Commissioner Caldwell asked if the qualifier "natural" is necessary in the definition of riparian corridor on page 167; Planning Director Emslie responded it could be deleted as it is redundant. Regarding the open space definition on page 147, Commissioner Caldwell recommended augmenting what is already there by including another sentence indicating that the Planning Commission has identified many potential problems with this definition and would like the opportunity to fully review it in the context of the element. Planning Director Emslie indicated staff would make that modification. Chair Moran questioned whether the memo was the appropriate context to be discussing the problems the Planning Commission does or does not have with the definition. Mr. Emslie indicated the definition will be evolving and it will apply to R-OS because a reference has been made to it. Chair Moran referred to the new "Whereas" on page 150 of the ordinance, stating she would rather say "establish" or "determine" the boundaries of ROS rather than "apply" boundaries. Chair Moran urged reconsideration of the recommendation to not allow variances for swimming pools on steep lots. Her concern is based on tying the Planning Commissions hands by not allowing any kind of variance for pools on sites that exceed 15%. Commissioner Favero stated that the overall objective is to try to preserve native topography and that he is not sure that making it difficult to build pools is the solution. Commissioner Tucker indicated she feels having a variance gives control, and expressed concern with people's property rights. MOTION to approve forwarding the draft report dealing with ROS zone issues with the following changes: - amplification of the open space definition (Pg 147) - remove "natural" from riparian corridor definition - change "apply" to "establish" or determine" on Pg 150 of the ordinance M/S Caldwell/Favero Ayes 5 Noes 1 (Moran) ------------------------------------------------------------ 2. Review of draft scope of work for City's Air Quality Consultant to prepare analysis of the Paul Masson Senior Project. Commissioner Favero stepped down from this item. 14 # • Planning Director Emslie reviewed the staff report. Chair Moran asked if metered ramps were worked into this and Mr. Emslie responded they were. Commissioner Tucker asked if a noise study was considered and staff responded it was not. Commissioner Tucker suggested a noise study be performed. Commissioner Caldwell suggested the title be changed to include ..."(carbon monoxide)"... She also addressed the overview section, second sentence regarding quantitative analysis stating the discussion of pertinent mitigation measures should be included. She stated it would be very helpful to LSA if they had a set of plans including exact heights proposed. Planning Director Emslie stated they will get the most recently revised plans. Chair Moran stated she wanted to be sure the scope of work should be focused on a particular set of plans. She indicated a date should be put in the memo so that all are aware of what we're talking about. Commissioner Caldwell felt only carbon monoxide should be noted. Chair Moran suggested "automobile generated pollutants". Commissioner Caldwell referred to #4 indicating she would like to change to "exposure to projected levels of carbon monoxide"; wants to deal with the ones they are projecting for this site. Commissioner Bogosian reminded the Commission that the Council asked for a carbon monoxide study; would like to deal with only that at this time. Planning Director Emslie suggested getting State or Federal standards for the other pollutants. Commissioner Caldwell suggested item #6 be changed to read "an analysis of the interior sources of carbon monoxide..." Chair Moran questioned whether #5 should be changed to learn how to mitigate effects. Staff was directed to ask the consultant to identify their sources of information; get clarification on #5. The general consensus that the scope of work was acceptable. Commissioner Tucker asked that her vote on the R-OS be reconsidered because of the swimming pool. MOTION to reconsider the motion regarding whether the Planning Commission will send the recommendations on ROS to the Council. M/S Tucker/Moran All ayes MOTION to send the memo to Council with noted changes. M/S Caldwell/Bogosian Ayes 4 Noes 2 (Moran,Tucker) 3. Saratoga Post Office: Proposed Fence Commissioner Tucker asked if the fence would be taken down if the 15 ~~ ~ i site should become residential and P1 indicated that they are required to cooper could impose a condition with the Post Offi stated he just wanted to advise the Play situation. Commissioner Caldwell requested full-size the Planning Commission for review rather copies. The Commission was in agreement tc COMMISSION ITEMS inning Director Emslie ate with the City and we ce's consent. Mr. Emslie fining Commission of the rawings be presented to than the photo-reduced give it a try. It was requested that the 11:30 p.m. time agenda. COMMUNICATIONS Written 1. 2. 3. limit be written on the City Council Minutes - 8/14 & 8/27/911 Heritage Preservation Minutes - 7/24/91 Planning Commission Study Session Repor oral City Council - 9/3/91 ADJOURNMENT - The meeting was adjourned at 12:30 a.m. _ ~ /i~ / , .~ 16 ,.. ~~~_ ~1 Q1.NV~~ ~Jp.PePc.ueJP2. Q~