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HomeMy WebLinkAbout10-09-1991 Planning Commission MinutesCITY•F SARATOGA PLANNING COMMISw.~ON MINUTES DATE: October 9, 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: Commissioners Moran, Caldwell, Durket, Tucker, Favero, Boqosian and Forbes Pledge of Allegiance Minutes - 9/25/91 Commissioner Caldwell noted a blank in minutes correction of August 28, asking that the tapes of that meeting be checked. Page 7, the paragraph following the motion to approve UP-91-006, the word "omission" should be corrected to read "prohibition". Page 8, last paragraph, Commissioner Caldwell stated the language was not clear. The City Attorney submitted the following changes to be reflected in the minutes (in relation to Up-550.1, Desert Petroleum): The application is for review of the sign. However, the applicant is also obligated to operate under the conditions of the use permit. The City does not need a sign request to pursue violations of the use permit; can pursue them independently through revocation action. The sign request itself does not give the Commission an active role in approving the overall permit. The Commission will get an opportunity to review the use permit prior to its expiration in 1994, if the applicant decides to request another extension of the use permit. Commissioner Caldwell corrected the spelling of "Biarritz" on page 8 and asked that the minutes be changed as follows on page 10 relating to Desert Petroleum: (to be inserted between the first and second sentences in the paragraph immediately following the motion to continue) She explained that it is her opinion that the proposed sign is inappropriate for the residential setting of the station. Any redesign should incorporate wood materials, external lighting and as nearly match the size and design of the existing sign as possible. Commissioner Favero noted that he was not present at the meeting of September 25 and would like clarification as to the comments contained in the last paragraph on~page 11 in relation to Dividend Development. Mr. Favero asked at what meeting the City Council requested the last design submitted and what design was being referred to, stating these may be material facts as this project proceeds. Planning Director stated it was not his understanding that the City Council directed a specific design at any point in time but the Council did indicate in July they would support increasing the height limit on the senior project in order to enhance the economic feasibility, of the project. Mr. Emslie indicated staff would review the tape and elaborate if necessary. Chair Moran asked if the "last design" referred to in the September 1 25 minutes is the c7'C,.rrently proposed design an•Planning Director Emslie responded that was correct as he understood it. Commissioner Durket requested that the meeting tapes of September 25 be checked for further discussion on item DR-91-048, Sandijeh on Burns Way. He recalled there was more discussion about what the direction the Commission wanted to take with this application between the motion to close the public hearing and the motion to continue the item to December 11. • MOTION to approve the minutes of September 25, 1991 as corrected. M/S Tucker/Caldwell ORAL COMMUNICATIONS Ayes 4 Noes 0 Abstain 3 (Bogosian, Moran, Favero ) Chair Moran invited members of the audience to address the Commission on any item not on the agenda. There were no requests. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 4, 1991. Technical Corrections to Packet PUBLIC HEARING CONSENT CALENDAR There were no technical changes. 1. DR-90-079 - Constantin, 20855 Rittridge 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 (application withdrawn by applicant). ----------------------------------------------------------- 2. DR-91-058 - Saratoga Pacific Oaks, 19205 Crisp Ave. (Lot #15), request for design review approval to construct a new 5,615 sq. ft. single family residence on a vacant lot per Chapter 15 of the City Code. The residence is situated on a 1.196 acre parcel located in the R-1-40,000 zone district. The subject property is Lot #15 of the San Marcos Heights subdivision (cont. to 11/13/91 at the request of the applicant; application expires 3/9/92). MOTION to approve the consent calendar as submitted. 2 M/S Caldwell/Fave~ ~ All ayes • MOTION to continue Item 10, Open Space Element, to a study session. M/S Forbes/Favero Ayes 6 Noes 1 (Moran) Commissioner Caldwell noted for the record that a clear majority of the residents who were pesent that evening to speak on this issue indicated a preference for a special study session. Commissioner Bogosian stated he would like to add that individuals be notified again for the study session and would like to adopt a format similar to zoning ordinances with a line by line analysis. He indicated he could support the motion if these concerns were understood. Commissioner Tucker asked if it would be in the best interest to listen to those people that have come to this meeting to hear this item, allowing the Commission some format to follow in a study session. Commissioner Forbes stated he did not feel it was fair to other citizens that their items be delayed or continued in order to hear this item and that the open space issue should be given careful consideration, and deserves an individual, less formal forum. Commissioner Favero expressed agreement, indicating this matter requires a great deal of public input and he is anxious to hear from the average Saratoga citizen regarding this. Chair Moran spoke in favor of hearing the matter this evening, stating that citizens had come to this meeting expecting this matter to be addressed, and she would like to hold the hearing as advertised. Planning Director Emslie indicated that the Planning Commission can continue a public hearing without opening the public hearing and it would be appropriate to continue it to a date certain. Commissioner Tucker suggested that those present in the audience to hear the open space element item should contact staff to make sure their concerns are addressed at the study session. Commissioner Caldwell suggested that if this matter is voted to a separate meeting, it should be a very structured meeting and one at which only this matter will be heard. Planning Director Emslie stated that November 5 is a regularly scheduled study session and staff would check to see that the theater will be available. Chair Moran indicated to the audience that the Planning Commission would reconvene on November 5, 1991 to hear the Open Space Element item. She further stated that the Commission will convene in its regular meeting room (theater) and any change to that would be posted on the doors directing the public to the Community Center. Commissioner Caldwell suggested that staff post the doors this evening to let late-comers know that the public hearing for the Open Space Element has been postponed to November 5. Chair Moran announced to the audience that with 14 public hearings on the agenda it was very likely that the Commission would not get to all public hearings; the Commission's policy is to not begin any public hearings after 11:30 p.m. and anyone interested in having their item continued should make that request of the Commission. PUBLIC HEARINGS ** 3. AR-91-016 - GTE Mobilnet, 14375 Saratoga Ave., request for 3' design review approval to~onstruct two, 40 ft. cellular transmission towers per Chapter 15 of the City Code. The structures are located in the Professional and Administrative Office (P-A) zone district (cont. from 9/25/91; application expires 3/11/92). Planner Susan Riggs presented the staff report, indicating the item had been continued previously over concerns with conflict of interest and stated the City Attorney would address that issue after the staff report. Ms. Riggs reviewed the revised proposal before the Planning Commission, indicating that staff has prepared an initial environmental study. Ms. Riggs reported that staff was recommending a non-biased third party be retained by the applicant, and approved by the Planning Director, to evaluate conflicting reports to determine if the environmental impacts can be mitigated. Planner Riggs further reported that, due to the issues of design incompatibility, non- conformance and environmental concerns, staff is unable to recommend approval of this project. The City Attorney addressed the conflict of interest issue, indicating that a mere participation in mutual funds does not constitute a conflict of interest as long as the mutual fund meets the statutory definition registered with the SEC. Several Commissioners indicated they had no conflict of interest and were prepared to vote on this matter this evening. Commissioner Caldwell asked for clarification that either a Negative Declaration or an EIR would be needed if the Commission determined to go forward with the project. Planning Director Emslie responded that the study shows that a Negative Declaration would be prepared. Commissioner Caldwell added that it could be the Commission's conclusion that a full EIR is necessary and Mr. Emslie agreed that was correct. Several Commissioners reported viewing Mr. Wetstone's clips regarding another GTE monopole in the bay area. Chair Moran opened the public hearing at 8:02 p.m. Peggy Cocker, representative of GTE Mobilnet, reviewed the new plan before the Commission, indicating the new proposal is for two 40' foot wooden poles, with three antennas attached to the top. Ms. Cocker reviewed the staff report, focusing on the issues of design review, non-conformance, and further environmental review. She reported that in their opinion this site does meet design review criteria, it is compatible in terms or height and bulk design, and they believe this particular use will not enlarge or intensify this non-conforming use. This is an unmanned facility and will not increase parking requirements for this site. As to the issue of site coverage, .Saratoga ordinance definition of structure specifically excludes fences, and they will not be looking at fence to determine if this use is non-conforming as to site coverage. In their opinion the two wooden poles will not be intensifying or enlarging the non-conforming use. As to environmental review, they do not feel that further environmental review is necessary but rather, under SEQA, a categorical exemption should apply. Ms. Cocker further reported that they do not feel that this type of 4 facility poses any'!'health hazard. Ms. Planning Commission vote on the specific evening, and if denied, give GTE; specific assist them in determining rather or not to other antennae poles on this site. Cocker asked that the plan before them this reasons for denial to look at other plans for Don Whetstone, 14395 Saratoga Avenue, expressed concern over the fact that screening has not been addressed, indicating that trees on the east side of the site will do nothing to screen the view from his building located on the west side of the property. Mr. Whetstone further stated his concern with the rapid increase in cellular use indicating that applications have been filed with the FCC and the EPA to do something about setting some standards. He expressed appreciation to the Planning Commission for trying to protect residents regarding this issue. Noel Lindsay, 14349 Saratoga Avenue, asked that consideration be given to the potential damages that could be incurred by homeowners in the area of the site. Mr. Lindsay stated his opinion that equitable restitution should be made to homeowners who's property values will drop if this project proceeds as proposed. Joe Long, 14363 Saratoga Avenue, spoke against the project stating it does not belong this close to residences and it will take away views and property values. Shelley Williams, 11951 Brook Ridge Drive, spoke in favor of the project and urged the Planning Commission to visit the site. Bob Pierce, 20350 Argonaut Drive, stated the project would not do anything to enhance the aesthetic value of the Village and urged the Planning Commission to deny the project. Mary Monaghan, 14351-C Saratoga Avenue, expressed concerns with health hazards and urged denial of the project. Peggy Cocker, representing the applicant, addressed some of the concerns raised by residents stating that the applicant has been working on the need for service in the project area and reiterating her previous statement regarding the SEQA categorical exemption. Ms. Cocker further stated the applicant feels they have put their best plan before the Planning Commission. Ms. Cocker proceeded to answer various questions of the Commission, indicating the poles are 22" in diameter at the bottom with tapering to the top; wires shown in Exhibit A would be in the interior of the structure; there is approximately 395 sq. ft. inside the building, which is presently being used as office space but will house telephone switching equipment. MOTION to close the public hearing at 8:34 p.m. M/S Favero/Bogosian Al1'ayes MOTION to deny AR-91-006 with prejudice. M/S Forbes/Tucker 5 Commissioner Tucke~ withdrew her second wh~ the motion was repeated. The motion died for lack of a second. Commissioner Favero referred to documents provided by staff giving a chronology of events, indicating that the Planning Department was going to approve this on August 5 and asked why this point was not included in the chronology of events. Planner Riggs responded that because this was a permitted use' under this zone district staff typically, in order to keep the process moving, sends a letter of intention to approve to affected neighbors to let them know what the proposal is. Ms. Riggs stated concerned citizens then have ten days to review the proposed plans, giving them an opportunity to discuss and raise issues of concern to staff. At the end of the ten day period, a second letter is sent stating that staff will either go forward with intention to approve the project or, as in this case, staff will recommend denial of the project. Commissioner Favero expressed concerns with sending mixed signals to the public and the credibility of the representations made. Commissioner Favero questioned why a petition signed by residents was not included in the agenda packet and Planner Riggs responded it may have been included in a previous packet. Commissioner Favero also expressed concern with health hazards, indicating he would not vote in favor of this project. MOTION to deny AR-91-016 with prejudice. M/S Forbes/ Motion died for lack of a second. MOTION to deny AR-91-016 without prejudice per the staff report. M/S Caldwell/Tucker Commissioner Caldwell stated that she felt the heart of the issue is how to define the use and, for the purposes of the Commission's evaluation of non-conforming use; are we talking about just the aspect of the use that makes it non-conforming or the totallity of the use at the site. The City Attorney responded that categorical exemptions apply only if there is no chance the project will have an adverse effect. If it is determined there could be an adverse effect, as staff has found, the categorical exemption doesn't matter. Commissioner Caldwell further asked the issue of enlarging or intensifying the use - what use are we talking about - and the City Attorney responded it is dependent on what question is being asked. She stated that for the purposes of processing this application, staff determined that a design review permit was required because the antennae is a new, independent structure. As to determining what type of parking and the details of the district standards, one way or another we need to look at what the parking effects are. Commissioner Bogosian stated he is opposed to this design review proposal because he can't make the design review findings, the view cannot be successfully mitigated, and it will adversely impact the environment. He also stated he feels there will be an intensification of use in the area, impacted the total flow of traffic . 6 Chair Moran thanke~the Planning staff for th~series of reports and stated a different location should be looked into. Commissioner Durket expressed appreciation to staff for the reports on health issues expressed agreement with Commissioner Bogosian's views. CALL FOR THE QUESTION All ayes Chair Moran informed the applicant they have ten days to appeal this action to the City Council. Chair Moran again invited applicants to request a continuance of their items to another meeting. Mr. Oliver requested his item, Item 9 - Dividend Development be continued for two weeks to allow the Planning Commission to review the results of the air study. MOTION to continue SM-91-003, ZC-91-001, to the October 23, 1991 Planning Commission meeting. M/S Tucker/Durket Mr. Brackwill asked if was appropriate to ask for a study session regarding the carbon monoxide issue and Chair Moran indicated the carbon monoxide report was not available this evening and it would be more appropriate to address this issue at the next meeting when all the information will be available. She further recommended that Mr. Brackwill leave his name and address with staff who will see that he is notified of future meetings on this subject. CALL FOR THE QUESTION Ayes 6 Noes 0 Abstain 1 (Favero) Chair Moran called a recess at 8:55 p.m. The Planning Commission reconvened at 9:09 p.m. ----------------------------------------------------------- 4. 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 (cont. from 9/11/91; application expires 10/26/91). Planner Walgren presented the staff report, noting that the Planning Commission reviewed this matter at its September 11 meeting and, based on the prominence of the parcel, continued the item to allow the applicant to revise the plans per staffs recommendations. Mr. Walgren reviewed the changes before the Commission this evening, stating that staff feels the applicant has satisfactorily addressed each of the concerns raised at the September 11 public hearing. 7 Commissioner Caldw~l indicated that at the las~public hearing the second story pullback was discussed and asked if the resolution to that concern was the window boxes. Planner Walgren indicated that was correct. Commissioner Favero asked if a precedent was being set here in regard to elevation and exceeding the height limit and questioned if this should go before the City Council. Planner Walgren indicated the condition was being specifically placed on this individual parcel, and would~be looked at case by case. The City Attorney stated that any action the Commission takes is precedent setting to the extent that someone else has similar conditions. This condition is applied to meet a specific situation and each application would be evaluated on a case by case basis. Commissioner Caldwell asked for clarification of the policy regarding bonding conditions. Planner Emslie responded that the policy states that replacement and protected trees shall be bonded for 100% of their retail value. Chair Moran opened the public hearing at 9:20 p.m. Michael Helm, 200 7th Avenue, Santa Cruz, project architect, reviewed the modifications made to the plans and indicated he and the applicant are agreeable to all conditions and ask for approval of the Commission. MOTION to close the public hearing at 9:24 p.m M/S Tucker/Durket All ayes MOTION to deny DR-91-022 and SD-89-011.2 without prejudice for the following reasons: 1. this site is even more prominent than the neighboring site and a significant percentage of the roof line exceeds the 200' contour; 2. applicant did not accomplish a meaningful second story relief; 3. the color is far too white. M/S Caldwell/Bogosian Commissioner Favero indicated he would like to see the Commission articulate what they would like to see from the applicant. Commissioner Caldwell stated she~has been very specific in her motion as to what she would like to see. CALL FOR THE QUESTION All ayes ----------------------------------------------------------- 5. DR-91-041 - Waller, 20420 Montalvo Oaks, request for design review approval to construct a new 4,123 sq. ft.~two-story residence on a 22,651 sq. ft. parcel within the R-1-20,000 zone district per Chapter 15 of the City Code (cont. from 8/28/91; application expires 1/26/91). Planner Walgren presented the staff report, noting that staff recommends approval of this project. Mr. Walgren further reported 8, that staff had rec~ed landscape plans today ~hibit B) and they would be included in the resolution should the Planning Commission approve the project. Planner Walgren reported that the house plan has been modified to leave 16' between the house and the trees . The City Horticulturist's report is also included for reference. Chair Moran opened the public hearing at 9:40 p.m. Michael Layne, 513 Monterey Avenue, Los Gatos, architect, addressed the Commission regarding the proposed plan and stated that every effort will be made to see that the trees nearest the house are preserved. Mr. Hogan of Saratoga expressed concern with the protection of the six Blue Oaks and the Elm tree, and suggested several measures that could be taken to see that they are preserved. His suggestions were in the areas of grading, irrigation and utility trenching. He further suggested that inspections be made at key stages of the construction of the proposed home. Mr. Waller, applicant, stated he will take all necessary precautions regarding drainage and asked that the Commission look at their building project and the drainage issue as two different matters. Duane Sand, 14910 Vickery Lane, reported that the changes made since the last meeting were very good and he was pleased with the landscaping plan submitted. Mr. Sand did express concern with the drawings regarding the roof line and concern with the drainage issue. Richard Rivoir, 20411 Hill Avenue, reviewed maps plotting the property and expressed his concerns with drainage construction as well as the bulkiness of the proposed structure. Joseph Waller, 2367 Bay, San Francisco, applicant, addressed some of the concerns expressed by other speakers, indicating specifically that there is a separate agreement regarding the drainage issue. Betsy Mace, 20172 Glen Brae Drive, expressed concerns with the height and location of the proposed structure. Mr. Hancock, 20410 Montalvo Oaks Place, asked that the Planning Commission pay special interest to the height of this proposed project. Keith Miller, 14900 Vickery Lane, expressed concern with the close proximity of the house to the trees and with the drainage issue. MOTION to close the public hearing at 10:20 p.m. M/S Caldwell/Tucker All.ayes MOTION to deny DR-91-041 without prejudice. M/S Durket/Bogosian 9' Commissioner Durke~stated his belief that its not possible to put a two story home on this particular lot. He further stated this is a very nice home, but is~not appropriate for lot. Commissioner Tucker spoke in favor of the design, stating she feels it is compatible with the other homes in the neighborhood. Commissioner Favero asked if the issue of a single story structure was considered at the study session. Commissioner Durket indicated it was not requested, but he had mentioned he would like to see a single story. Commissioner Favero indicated he could only support this if it were a one story structure. CALL FOR THE QUESTION Ayes 4 Noes 3 (Caldwell, Tucker, Moran) Chair Moran again invited members of the audience with items on the agenda to ask for a continuance of their item at this time. Steve Straight, applicant for Items 13 & 14, DR-91-055 and DR-91- 056 requested his item be continued to the October 23 meeting. MOTION to continue DR-91-055 and DR-91-056 to the October 23, 1991 Planning Commission meeting. M/S Forbes/Tucker Ayes 5 Noes 0 Abstain 2 (Caldwell & Favero where out of the room at the time the vote was taken) ----------------------------=------------------------------ 6. SD-89-009 - Wonq, Chiquita Ct., request for tentative map approval to subdivide a 26.4 acre site into five new parcels ranging from 2.6 to 10.7 acres in size. The subject property is located between Chiquita Way and Chiquita Court, within the NHR zone district, and is proposed to be accessed by a cul-de-sac off Chiquita Court. A draft Environmental Impact Report will be presented which will then be available for public review and comment for a period of 45 days, per the California Environmental Quality Act guidelines. Planner Walgren presented the .staff report and history of this item, noting that the most critical environmental impacts have been summarized in the staff report. Mr. Walgren reported that staff is recommending the Planning Commission direct the applicant to proceed with a modified bridge access alternative. Ms. Turrell, project manager of the EIR for Engineering Science, presented their findings and reviewed the site plans for the Planning Commission as well as various alternatives as recommended by the EIR. Commissioner Caldwell asked if .the statement identifying the mitigated alternative as the most ;favorable applies to individual site development as well. Ms. Turrell responded that the statement 10 is intended to inc~de individual site developT nt. Commissioner Favero asked Ms. Turrell if enough mitigation could be implemented to preserve the biological and hydrology type of impacts. He indicated the documents expressed substantial concern with these issues and felt we should focus on the environmental impacts with respect to wildlife and watershed. Ms. Turrell responded there will be cumulative impacts on wildlife if the site is developed. She further stated that given the fact that this site is between two existing developments the impacts to wildlife can be reasonably mitigated if the site is not completely fragmented. Ms. Turrell stated the hydrology impacts can be mitigated with the right conditions and the right kind of maintenance. Commissioner Favero expressed concern with the magnitude of the mitigation and how effective it can really be. Ms. Turrell responded that they will not create any more impacts than are already created on site by runoff. Commissioner Durket noted that one alternative considered was the elimination of parcels 1 & 5 but this was not a recommended choice and asked why. Ms. Turrell responded it was not recommended that parcel 1 be eliminated because they thought it could be developed as proposed. She further reported that parcel 5, located in the middle of a landslide, was eliminated by moving to the proposed mitigated alternative. Planning Director Emslie asked the Commission to keep in mind that the EIR is resource information to give information on potential impacts of a project before a decision is made. Part of an EIR always includes an analysis of alternatives, but does not mean that the Commission is bound by that. Commissioner Caldwell asked how staff reached the proposed alternative stated in their report. Planner Walgren responded that staffs recommendation for the bridge alternative is consistent with the EIR's recommendation of the modified bridge alternative and the only real inconsistency relates to parcel 1, which does conform with NHR standards. Staff was taking the criteria further, but overall staffs recommendation is consistent with the EIR recommendation. Commissioner Caldwell asked how the "no project" alternative fits into this. Planning Director Emslie responded that every EIR prepared in the state has as one of its alternatives a "no project" alternative which has to be looked at. The Commission has to be told what will happen if no project go forward. Commissioner Caldwell 'asked how the Commission is to address the cost of corrective measures. Planning Director Emslie responded that staff does not have the information at this point to answer that and are waiting for geotechnical clearance on this. Staff would not recommend any of these alternatives until that phase of the development is completed. Commissioner addressed page 91 of the agenda packet, asking if Item d should be revised to address all trees, not just ordinance sized trees given the policy of the Council to require identification of all trees and groves of trees on development applications. Planning Director Emslie agreed. Chair Moran opened the public hearing at 11:15 p.m. 11' • • Bill Heiss, Civil Engineer for the project, reviewed for the Commission the history of the project. Mr. Heiss reported that because of the ongoing erosion there is continual silting and is the cause for the continual landslides. He stated he feels this is primarily a hydrologic problem. Mr. Heiss further reported that he will be interfacing with staff to determine which alternative will work and will be meeting with consultants as to where to go from here. He also stated he would prefer not to eliminate parcel 1 as it seems the most logical site with its easy access and flat terrain. Commissioner Favero stated he is not prepared to compromise the environment therefore the no project alternative would be his choice. Paul Robles, 12906 Chiquita Ct., expressed concern with both environmental and aesthetic issues. Gerry Fields, 12861 Chiquita, also expressed concern with the environment and asked that the sewage situation be addressed. Luanne Nieman, 13217 Padero Ct., expressed concern with a potential increase in the flow that goes from the end of the property into Calabazas Creek. She also stated. she felt notice of this hearing was not adequate and the notice received did not give an explanation of what type of hearing this would be. William Brook, 20230 Merrick Dr., spoke regarding staffs recommendation pertaining to pedestrian and equestrian pathways, stating he would like to recommend that what Mr. Emslie knows of this project be preserved and an addition to recommendation #4 that the Parker Ranch people be involved. Commissioner Favero expressed agreement with Mr. Brook in that intense public involvement is needed in regard to this project. Commissioner Bogosian indicated he would prefer to see the geological studies before directing the applicant further. Commissioner Tucker indicated she was willing to provide more direction to rule out some things so that the applicant can be more focused. She further stated she felt the bridge alternative would have the least impact on wildlife: Commissioner Caldwell asked if it is possible for the City to require mitigation under the no project alternative. Planning Director Emslie responded that we need to focus on the adequacy of the document. He further stated it would be helpful if the Commission would give some indication of what configuration of the development the Commission would like to see. He noted that if some different alternative comes up that no one has thought of before, we have to begin this entire process over. Commissioner Caldwell asked what the Commission's limitations are in relation to the 45 day time frame and Mr. Emslie responded that the 45 days is the publics opportunity to review the project as it stands. If the project changes, we go back to square one and begin the review period over again. He further noted we are looking at a decision in approximately May of 1992. 12 Commissioner Caldw~l suggested moving the di~ussion to a study session format with the EIR consultant present in order to give additional input on this matter. Planning Director Emslie indicated this would be appropriate. Commissioner Favero stated he is feels the Commission needs to understand more about the impacts of this project and he is unwilling to compromise. Mr. Favero also indicated he is uncomfortable with the notification process and would like to pursue the matter. Mr. Schwartz, San Marcos, Saratoga, addressed the Commission regarding the NHR specific plan as it relates to additional creeks and culverts, and asked if the recommended alternative would effect these two conditions. Commissioner Caldwell responded that at this point the Commission does not have all the necessary information available at this time to say what is required on a lot by lot basis. Planning Director Emslie reported that if there were no conflicts the study session could be set for Tuesday, October 15. MOTION to continue SD-89-009 to an October. l5 study session. M/S Tucker/Durket All ayes Chair Moran indicated that the study session will focus on the EIR and participants should come with questions and concerns. Commissioner Favero indicated he would like to explore some of the methodologies used in arriving at the conclusions with respect to mitigation recommendations. ----------------------------=------------------------------- 7. 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. from 9/25/91; application expires 11/19/91). MOTION to continue to October 23, 1991. M/S Forbes/Favero All ayes ------------------------------------------------------------ 8. DR-91-044 - Lin, 20170 Rancho Bella Vista, request for design review approval to construct a new 4,440 sq. ft. two-story residence on a 20,033 sq. ft. parcel within the R-1-20,000 zone district per Chapter 15 of the City Code (cont. from ,9/25/91; application expires 12/24/91). MOTION to continue to October 23, 1991 meeting. M/S Forbes/Favero All ayes 13 9. SM-91-003 - Dividend Development Corp.(Owner); Chapman & ZC-91-001 - Wilson (Applicant), 13150 Saratoga Ave., request to modify previously approved site development 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 In addition, 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 feet to allow a three-story structure. This would exceed the 30 foot, two-story limit prescribed for the MU-PD zone district (cont. from 9/25/91; application expires 1/92). MOTION to continue to October 23, 1991 meeting. M/S Forbes/Favero All ayes 10. City of Saratoga - Open Space Element This is the first public hearing for review and consideration of an amended Open Space Element. As a follow-up to the Open Space Survey conducted within Saratoga's community, the City Council formed an Open Space Task Force to study the open space conservation issues. The Task Force formulated preservation policies and implementation program in a Draft Open Space Element for the Planning Commission review and consideration. MOTION to continue to November 5, 1991 meeting. M/S Forbes/Favero All ayes 11. DR-91-050 - Callahan, 14307 Lutheria Way, request to RE-91-005 - construct a 1,880 sq. ft. one and two-story addition to an existing 3,015 sq. ft. two- story residence. The request also involves pool and hardscape surface construction within the R-1-20,000 zone district per Chapter 15 of the City Code. MOTION to continue to the October 23, 1991 meeting. M/S Forbes/Favero All ayes --------------------------------------------------------- 12. DR-91-051 - Shenhav, 12291 Titus Ave., request for design 14 ~eview apt~roval to constr~t a 1, 108 sa. ft. second story addition to an existing 2,638 sq. ft. single family residence per Chapter 15 of the City Code. The residence is situated on a 14,000 sq. ft. parcel and is located in the R- 1-12,500 zone district. MOTION to continue to the October 23, 1991 meeting. M/S Forbes/Favero All ayes 13. DR-91-055 - Saratoga Estates, 19171 Oahu Ln., request to construct a .new one-story 4,047 sq. ft. residence per Chapter 15 of the City Code. The parcel is approximately 16,738 sq. ft. in area and is located within the R-1-15,000 zone district. Continued per applicants request. MOTION to continue to the October 23, 1991 meeting. M/S Forbes/Tucker Ayes 5 Noes 0 Abstain 2 (Caldwell/Favero out of room) ------------------------------------------------------------ 14. DR-91-056 - Saratoga Estates, 19151 Oahu Ln., request to construct a new one-story, 4,093 sq. ft. residence per Chapter 15 of the City Code. The parcel is approximately 26,365 sq. ft. in area is located within the R-1-15,000 zone district. Continued per applicants request. MOTION to continue to the October 23, 1991 meeting. M/S Forbes/Tucker Ayes 5 Noes 0 Abstain 2 (Caldwell/Favero out of room) ------------------------------------------------------------ DIRECTOR'S ITEMS Planning Director Emslie reported that neighbors adjacent to the Woolworth subdivision have submitted an alternative plan to the plan the Commission approved at its last meeting. He indicated that the proposed plan moves the driveway away from the Ernesto property and toward the front property line. Mr. Emslie reported he wanted to make the Commission aware of this and the Commission determined it could be considered on an administrative basis. Commissioner Caldwell expressed agreement provided the arborist be consulted regarding measures to preserve the trees around the driveway. Planning Director Emslie thanked the Planning Commission for the 15 ' rewarding and chal~nging years he has spent king with them. COMMISSION ITEMS Commissioner Forbes expressed concern with the efforts of Barry Coates in determining protective measures for trees that everyone agrees to but then do not follow through with and asked if there could be a periodic follow up .procedure implemented. Planning Director Emslie responded this would be very labor intensive however the bonding method works essentially as an insurance policy wherein people pay a premium to hold money aside for the survival of trees. Commissioner Caldwell suggested .that on a regular basis add a condition that the applicant provide written confirmation that the work is being completed. This information would be submitted to the Planning Department where it would be directed to the appropriate Planner. Another. suggestion was an annual or bi- annual review by the arborist. Commissioner Tucker expressed her objection, indicating she did not feel that the City has the staffing to handle this type of project. Commissioner Caldwell asked for a letter to be drafted to the City Council requesting the Commission be given a courtesy interview for any applicant being considered to~fill Mr. Emslie's position with the purpose of the interview being an opportunity to express any concerns the Commission may have with any applicant. MOTION to direct staff to draft a letter to the City Council requesting a courtesy interview with any interim or permanent applicant. M/S Caldwell/Durket Ayes 4 Noes 1 (Moran) Absent 2 (Favero/Bogosian) Commissioner Caldwell suggested an item be place on the agenda for the December joint meeting with Council pertaining to the County wide effort to preserve riparian corridors. She indicated a video would be shown by Linda Shield-Jones. COMMUNICATIONS Written 1. City Council Minutes - 9/17 &9/18/91 2. Planning Commission Study Session Report - 10/1/91 oral City Council ADJOURNMENT The meeting adjourned at 12:15 a.m. 16