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HomeMy WebLinkAbout11-13-1991 Planning Commission Minutes i' CI~ OF SARATOGA PLANNING COM~SION MINUTES DATE: November 13, 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 7:34 p.m. Present: Moran, Forbes, Bogosian and Tucker Absent: Caldwell, Favero and Durket Chair Moran announced that Commissioner Caldwell was absent due to the birth of four day old son. Pledge of Allegiance The Pledge of Allegiance was recited. Minutes Commissioner Bogosian asked that the minutes be amended to reflect that his objection to the GTE matter was not based on an environmental or health consideration but on the design review findings or lack thereof. He further requested that the word "health" also be deleted from his statement as noted in the October 9, 1991 minutes. Commissioner Tucker asked that the minutes of October 23 be checked as regards her statement on page 6, paragraph 4, regarding correction of the resolution regarding maximum height, noting that her recollection was that 44, 45 & 46 ft. were discussed and she wanted to be consistent. She further requested that this same paragraph be amended by adding "The letters were from people who were expressing concerns over the three story height" at the end of the paragraph. On page 16, paragraph 10, regarding DR-91-050; RE- 91-005, Callahan, insert "Commissioner Tucker stated that due to the location of the homes on the respective sites, she does not feel there is a privacy issue." On page 18, paragraph 2, regarding DR-91-056, Saratoga Estates, her statement should read "...purpose of the holes..." not poles. Chair Moran stated that Commissioner Caldwell had noted that on page 1, paragraph 1, under Minutes and in regard to Sinsley, the fourth line from the bottom should be amended to reflect that additional discussion took place before the vote, not after. On page 4, paragraph 3, regarding DR-91-021, Blackwell, the words "...for five years." should be added to the end of the next to the last sentence. On page 10, first full paragraph, regarding DR-91- 082; V-91-015, Williams, the words security deposit should replace the word bonding. Page 11, third full paragraph regarding DR-91- 026, Ruehle, amend to read "...maximize the development of their properties...". Page 12, third paragraph, same item, add "Commissioner Caldwell asked staff to analyze what if anything had changed since the height conditions were originally imposed; 1 anything that wo~1d justify deviation fro~he 22 ft. height limit." Page 14, fourth full paragraph from the bottom regarding DR-91-044, Lin, amend to read "...she had discussed the replacement tree program..." and delete the word "this". Page 17, the motion regarding DR-91-051, Shenhav, amend to read "...the landscape plan..." Page 18, last full paragraph regarding DR-91-056, Saratoga Estates, amend last sentence to read "...Planning Director but the elevation of the structure was the issue, not the size." Page 19, second full paragraph regarding the same item, add "..., because they are too massive and bulky in this established neighborhood." MOTION to approve the minutes of October 23, 1991 as amended. M/S Bogosian/Tucker Ayes 3 Noes 0 Abstain 1 (Forbes) Absent 3 (Caldwell, Favero, Durket) 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.) Chair Moran invited members of the audience to address the Planning Commission on any item not on the agenda. There were no comments. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 8, 1991. Technical Corrections to Packet Planner Walgren reported that the applicant for item 6, UP-550, Desert Petroleum, had submitted a written request for a continuance of this item until December 11, 1991. MOTION to continue UP-550, Desert Petroleum, to the December 11, 1991 meeting. M/S Tucker/Forbes Chair Moran asked if those present in the audience were agreeable to returning to the December 11 meeting and a gentleman in the audience stated the preference would be to address the Commission this evening. Commissioner Tucker. stated she felt the citizens had a right to be heard this evening and encouraged the applicant to review the tapes of this meeting. Chair Moran stated the item would not be continued, would remain on the agenda and the Commission would take testimony but would not take action. Commissioner Bogosian clarified that the matter would be heard in the order it appeared on the agenda. The maker and the second to the motion to continue withdrew the motion. 2 -~ 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). 1. 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; (application expires 12/24/91). Planner Walgren presented the staff report, noting that a letter was received from Mr. & Mrs. Lerone and Mr. & Mrs. Vigil retracting their original objections to the proposal with the conditions contained in the revised resolution. Planner Walgren reported that staff finds the home is compatible with the existing homes in this neighborhood and the design review findings can be made. Chair Moran opened the public hearing at 7:50 p.m. Mr. Haws, designer for the project, stated the letters received from concerned neighbors were to a previous design that has since been changed. Mr. Haws addressed Commissioner Durket's concerns regarding the mass and size of the proposed home, stating that the issue is adequately covered in the town zoning ordinance and he feels the size of the property and the shielding by trees will eliminate any "hemmed-in" feeling. Regarding Commissioner Bogosian's concerns with a two-story structure being too high and massive, he noted that the two-story house with a smaller footprint and a more compact length would be less damaging to the site in general and he felt the lot can support a larger home than is being proposed. Mr. Haws addressed Commissioner Caldwell's concerns regarding removal of trees, stating that the arborist's report calls for eight trees to be removed to preserve the health of other more valuable trees on the property. Mr. Haws stated that the applicant should not have to place funds in the Parks and Recreation fund; he felt it has not been done much before and doesn't know why his client is being asked to do this. He requested that this not be a matter of consideration and the applicant be allowed to remove those trees per the arborist's request. Mr. Haws asked for direction from the Commission as to what will be acceptable. Commissioner Forbes asked if a spark arrestor can be installed within the chimney rather than on top of the chimney and Mr. Haws stated he would take this into consideration. Mr. Gallo, developer, addressed the Commission stating that one reason for going to a two-story home was to reduce the number of trees to be removed. MOTION to close the public hearing at 8:00 p.m M/S Bogosian/Tucker Ayes 4 Noes 0 Absent 3 3 / Chair Moran note~his item was continued f a revious meetin P g due to a tie vote. The City Attorney reminded the Commission that this is a re-vote on the previous motion and asked staff to restate the motion, adding that the Commission can move to amend the original motion as necessary. Chair Moran read the previous motion into the record. MOTION to approve DR-91-044 per staff report with the addition of an appropriate security deposit for tree preservation measures. M/S Tucker/Caldwell (original motion/second) Commissioner Bogosian stated he was not prepared to vote on this issue. He still opposes the two-story design as the homes in that area are predominately single story homes. He stated the Planning Commission is charged with making design review findings and the City, neighbors and individuals will have to live with that decision. He further stated he is unable to make findings for this particular house due to its size, height and bulk. CALL FOR THE QUESTION Ayes 3 (Tucker, Forbes, Moran) Noes 1 (Bogosian) Absent 3 Motion passed. Commissioner Tucker suggested that Mr. Haws contact the City regarding the tree issue. Mr. Haws asked that the record reflect that this matter was finalized with the Planning Commission unless appealed within 10 days. ------------------------------------------------------------- 2. TUP-91-002 - Boisseranc, 13650 Saratoga-Sunnyvale Rd., request for temporary use permit approval to operate a Christmas tree lot in the R-1-12,500 zone district per Chapter 15 of the City Code. Planner Walgren presented the staff report. Chair Moran opened the public hearing at 8:06 p.m. MOTION to close the public hearing at 8:06 p.m. M/S Bogosian/Tucker Ayes 4 Noes 0 Absent 3 MOTION to approve TUP-91-002 per staff report. Commissioner Tucker asked if staff has ever received complaints regarding this use and Planner Walgren responded there were none contained in the file. M/S Bogosian/Forbes Ayes 4 Noes 0 Absent 3 4 • 3. 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. 17 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 10/23/91; application expires 1/92) . Planner Adar presented the staff report noting that the proposed modifications require amending the zoning ordinance and height restrictions in the MUPD zone district. She further reported that this application was continued from the October 23 meeting for a re-vote due to a tie vote, and staff was directed to come back with air quality and health reports for discussion. Planner Adar read the previous motion as follows: MOTION to recommend to City Council a zone amendment to allow a 45 ft. three-story structure within the MUPD zone provided structures are used for senior housing purposes. Planner Adar reported that Dr. Beard and Mr. Jeffrey Hornek from LSA were present to provide the Commissioner with an air quality report and a report on the short and long term health issues associated with the construction of Highway 85. Ms. Adar further commented that regarding the resolution for the site modification, staff did not prepare a resolution since the plan before the Commission this evening was only a conceptual plan and was recommending that if the Commission determines to go forward with the project a resolution for approval will be prepared. Chair Moran asked if the requirement for re-noticing is due to the tie vote or the re-opening of the public hearing, and Planner Adar clarified it is required for the re-opening of the public hearing. Mr. Hornek presented a report on the effects of carbon monoxide levels along Highway 85, stating that his model showed that at no point on the site would any state or federal air quality standard for carbon monoxide be exceeded. He did note that at the southernmost corner of the site it would be fairly close to exceeding those levels. Commissioner Tucker asked Mr. Hornek if he looked at the 5' possibility of th~freeway being widened and responded that he had gone to Cal-Trans for the preferred alignment and had used that as his model. Chair Moran asked if future traffic projections had been considered and Mr. Hornek responded he had looked to the year 2010. When asked if additional traffic signals in the vicinity would have an effect Mr. Hornek responded that any time you slow traffic down you will see a rise but the effect would be minor, even if a signal were placed at the site entrance.. Dr. Rodney Beard reviewed the material contained in the Commission's agenda packets relating to health issues stating he has attempted to check the most recent reports and with the levels of carbon monoxide detected it is very unlikely it will bet up to the 2% level. Commissioner Bogosian asked Dr. Beard if his conclusion is that the levels of carbon monoxide at this site won't get high enough to bring hemoglobin levels up to where it may cause a problem and Dr. Beard responded that was correct. Chair Moran expressed concern with a reference made regarding oxygen and asked Dr. Beard if he recommends that oxygen tanks be made available to residents of this proposed facility. Dr. Beard responded that the reference to the use of oxygen was in response to a concern for people who were sick in bed and really had problems. He further stated that some hospitals have oxygen distribution systems built into them but he is not aware of it being used in relation to air pollution. The Commission recessed at 8:50 p.m. The meeting reconvened at 9:05 p.m. Dick Oliver, Dividend Development Corp., asked for approval of the three-story height adding that, based on the testimony this evening, the carbon monoxide levels do not appear to be a problem at the proposed site. Mr. Oliver noted that by going to a three- story height, the amount of open space has increased by almost 5%. Mr. Oliver reviewed the number and types of units being proposed for this project. Commissioner Tucker clarified that the staff report notes 23 patio homes but the new plan shows 17 patio homes. Mr. Oliver confirmed that 17 patio homes is the correct figure. The City Attorney announced that there were several City Council members in the audience who may be speaking on this issue and she reminded the audience that this is a Planning Commission meeting and all comments should be addressed to the Planning Commissioners not to the Council members present. Isabell Prucah spoke against a three-story structure. Dr. Stutzman, City Council member expressed concern with some portions of Dr. Beard's report on short and long term health effects of carbon monoxide. 6 Andrew Beverett,~presenting the Senior Cit ns Council, stated they have not yet taken a stand regarding this project, but have -_ some serious concerns about the effects of carbon monoxide and with noise levels at the site. H.J. Dupate, expressed concern with the 46 ft. height requirement, pollution and noise levels. Ed Vincent, 13617 Westover Drive, spoke against the three-story design as most of that area is single family residential. Annette Suff, 12561 Paseo Cerro, spoke against the three-story design, the high density of the project and the air quality issue. Ray Pasentina, 13100 Saratoga Avenue, expressed concern with the proposed height of the project. ' Joan Fong, 18644 Bucknall Road, expressed concern with growth and increased traffic in the area, and opposed the three-story height. Dave Kramer, 13103 Montrose St., spoke against the three-story design. Ms. Andres, 13310 Kerry St., expressed concern with the potential increase in traffic and the overall mass of the project. Dr. Beard responded to the concerns expressed earlier by Council member Stutzman. Mr. Hornek reviewed some of the methods he used to gather the data for the results of his study. Dick Oliver addressed some of the concerns expressed by previous speakers noting that there are only 75 townhouses being proposed, not 195; only one extra living unit with 50 extra beds than what was previously approved, adding that this will not cause a significant increase in traffic; there will be 270 ft. between the proposed building and the houses located to the rear of the site and 340 ft. from the vineyard. Chair Moran asked if any operators had expressed an interest in the project now that it is pooposed at three-stories rather than two- stories and Mr. Oliver responded that they have not. Commissioner Tucker asked if noise diffraction off the soundwalls was taken into consideration and Mr. Oliver responded that the initial EIR addresses this and Cal-Trans did an extensive study. MOTION to close the public hearing at 10:17 p.m. M/S Bogosian/Forties Ayes 4 Noes 0 Absent 3 Planner Adar read the previous motion as follows: MOTION to recommend to the City Council a zone amendment to allow a 45 ft ., three-story structure within the MUPD zone provided structures are used for senior housing purposes. 7 Commissioner Bogo-pan stated he felt it had ~ been conclusively established that the carbon monoxide would adversely effect people in the proposed facility but what has been said has not closed the door on future research. He reported that the 45 ft. structure being proposed is unlike other structures in Saratoga and we have to look at the General Plan to see what has been done throughout the city. He further expressed concern that there is no operator for this project. Commissioner Bogosian indicated that due to the height of the building, and the effects on the surrounding community he would be unable to support the motion, but would entertain an proposal for a two-story structure and is very interested in seeing affordable senior housing in Saratoga. Commissioner Tucker reported she had received a letter from James K. Turk opposing the development modification. She further stated that the Planning Commission is being asked to change a zoning ordinance to allow for an increase in height structure and in her opinion this violates the General Plan. Commissioner Tucker also expressed concern with the uncertainty of affordability, the prospect of going forward with the project with no operator and stated there are too many unanswered questions. Commissioner Forbes stated he felt the project has a fair amount of merit adding that in approving a subdivision the Planning Commission does not determine affordability. He further indicated that he does not see any evidence that indicates this is a site that will be more endangering to seniors than downtown Saratoga and stated that the issue is whether or not to permit an increase in the building height and density in this area. Mr. Forbes asked what will happen if no operator surfaces and how long before the land is dedicated for another use. MOTION to reopen the public hearing. M/S Forbes/ Motion died for lack of a second. Planner Adar reminded the Commission that they have approved a senior housing facility for that site and what is before them now is a request to modify that project. She indicated that if the application should expire with no project on board it will have to come back to the Planning Commission. Chair Moran stated her primary concern was with the three-story structure indicating that the Planning Commission is charged with maintaining the small town character of Saratoga Avenue and she feels this project as proposed will not work. She further stated that while it appears the air quality is not excellent, it appears to be acceptable. CALL FOR THE QUESTION Ayes 1 (Forbes) Noes 3 Absent 3 Motion failed. Chair Moran stated the matter will go to the City Council with a 8 recommendation th• it not be approved. Chair Moran announced to the audience that the Planning Commission has a policy of not beginning any public hearing after 11:30 p.m. and indicated that if anyone wished to have their item continued now would be the appropriate time to make that request. 4. DR-91-058 - Saratoga Pacific Oaks, 19205 Crisp Ave. (Lot #15), request for design review approval to construct a new 5,837 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. from 10/9/91; application expires 3/9/92). Planner Riggs presented the staff report, stating that staff's only concern is with the amount of paving required for the two driveways on this project as staff feels the two driveways together with the guest parking area give the appearance of being excessive in terms of impervious coverage. Planner Riggs reported that in order to mitigate the visual impact staff recommends the guest parking area be constructed of turf block. Mr. Brook, project director, explained that the two driveways are needed due to the configuration of the lot and the home, reporting that the distance between the garage and the kitchen is quite far. He stated that the parking area would allow for off-street parking since there are a number of vehicles in this family. MOTION to close the public hearing at 10:40 p.m. M/S Forbes/Tucker Ayes 4 Noes 0 Absent 3 MOTION to approve DR-91-058. M/S Forbes/Tucker Commissioner Tucker expressed concern with the circular drive. Chair Moran agreed that the driveway was excessive and was concerned with the amount of grading already taking place on the site. Commissioner Bogosian stated he would be amenable to some king of paving blocks to allow water to drain into the soil and his main concern is with the prominence of the lower part of the lot, adding the applicant could put in more oak trees in that area to give it a more natural environment and he would like that added as a condition for screening on the west side. Commissioner Forbes indicated he would like to see the pad outside the garage eliminated by about half of what is proposed. Mr. Forbes also stated he was agreeable to add the three additional oak trees as requested by Commissioner Bogosian. Chair Moran asked if there is a regulation regarding having a circular drive so close to a cul-de-sac and Planner Riggs responded there is nothing contained in the City code preventing it. ~~ 9 • • Commissioner Tucker amended the motion to delete the circular drive. The amendment died for lack of a second. Commissioner Forbes amended his. motion to include cutting the proposed parking pad near the garage in half. Commissioner Forbes withdrew his motion. MOTION to approve DR-91-058 with a smaller pad in front of the garage and adding three additional trees on the west side of the lot. M/S Forbes/Bogosian Ayes 3 Noes 1 (Moran) Absent 3 ------------------------------------------------------------ 5. 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 10/23/91; application expires 11/19/91). Planner Walgren presented the staff report, reviewing concerns expressed by the Commission and neighbors at the last public hearing. Staff was directed to review and respond to those concerns. Mr. Walgren reviewed staff's findings, noting that the triangle piece of property was part of the Diamond parcel originally and in 1989 an application for a lot line adjustment was made and approved by the City, shifting the lot line creating a single parcel south of Comer Drive and a single parcel north of Comer Drive (parcels B & A). Staff has also researched the design review application that was approved later in 1989 for parcel A and it has been determined that the residence approved for parcel A where the correct calculations for the revised parcel configuration, and the calculations used for parcel B are the correct parcel calculations and the amount of floor area reflected are accurate. Planner Walgren added that the 20 ft. height limitation originally placed on the Ruehle was from a 1986 building site approval application that has since expired. Chair Moran opened the public hearing at 10:53 p.m. Mr. Benzing stated that his previous concerns have been addressed and in addition to the request to extend to 25 ft. 3 in. he would also like the Commission to consider that the overall length of the ridge that is at the 25 ft. 3 in. height is only 21 ft. in length out of the overall building width of 106 ft. The architectural integrity of the home demands that this height be there to keep proportioning of the home correct. Mr. Benzing added that surrounding homes have been approved for heights up to 25-26 ft. He stated that he would like to address the issue of placing brick around the lower garage portion of the house, proposing that the brick be eliminated and the area be screened with landscaping that 10 can be approved staff as a landscape plan Luanne Nieman expressed continued concern with the lot line adjustment stating that the presentation made to the public in 1989 did not accurately portray the Diamond property. The documentation she has been able to get pertained only to the Flynn portion of the property not the Diamond portion of the property. Ms. Nieman stated she is not protesting this particular proposal but is protesting how the public was informed regarding this parcel of land, and wants this discrepancy on the public record. She added that the matter was not presented the same as it is being presented now. Ms. Nieman asked that the accuracy of future presentations be scrutinized as this is not the first time this has happened. Mr. Wang, 21027 Comer Dr., expressed concern with drainage problems, indicating he wants to be sure the new plan has adequate drainage in place, including a retaining wall. Mr. Wang also expressed concern with the privacy issue, asking that adequate screening be in place between the. two properties. Warren Heid, architect, reported that the natural drainage on the property is a Swale and this is a permissible type of hillside drainage. Mr. Benzing stated that the landscape plan tries to address some of the privacy concerns, and are presently planning to plant trees along the property line to provide the screening Mr. Wang is asking for. Mr. Ruehle, 21097 Comer Dr., stated it is his interest to present privacy screening. Mr. Whitten, 21045 Comer Dr., also expressed concern with landscape screening, stating he would like the landscape be started when the construction is finished. MOTION to close the public hearing at 11:11 p.m. M/S Forbes/Tucker Ayes 4 Noes 0 Absent 3 MOTION to approve DR-91-026 with the condition of added tree-type screening along the borders. M/S Tucker/ Motion died for lack of a second. MOTION to deny DR-91-026 without prejudice. M/S Bogosian/Forbes Commissioner Forbes stated he finds this a very prominent ridge and the house as presented is too high. Commissioner Bogosian suggested the designer come to terms with this being a prominent site; this is a very tall and massive structure and possibly the building could be set further into the hillside. He added he would like to see the building no higher 11. ' than 22 ft. as posed on the original site~proval. Mr. Heid questioned why the conditions being imposed now were not presented to the applicant previously. The City Attorney determined the issues being discussed are not out of order. Chair Moran asked if the Commission would be amenable to a continuance so that a redesign could be considered to reduce the ridge line that is over the 22 ft. height restriction. Commissioner Forbes stated he would be agreeable, and clarified that he was not present at the October 23 meeting and therefore had no vote prior to this evening. Commissioner Bogosian stated that. if the applicant feels he could work within that guideline, he would consider withdrawing his motion and would move toward continuance. He added that he has visited the site and viewed it from different perspectives in the neighborhood. Planner Walgren noted that the application expires on November 19, excluding the 90 day extension. Mr. Ruehle stated that the information submitted saying this is not a principle ridge line and they are therefore living within the rules; the neighbors have not complained about the height of the house and he is not sure of the implications here. Mr. Heid stated that the applicant has not had an opportunity to address the 22 ft. height restriction and he feels that this is a beautiful home but he will go to 22 ft. if that is the only condition. He added that the amount of height being proposed (26 ft.) would not be that imposing. Stan Eisner, Interim Planning Director, suggested that all Commissioners have an opportunity to speak to the question of design and that would give the applicant an opportunity to be able to focus on all of the issues that are before the Commission before making a decision. Commissioner Tucker stated she was previously concerned about the 22 ft. height restriction and she feels the restriction took into consideration a much larger parcel. She stated she feels it is not necessary to look at the 22 ft. height restriction as a height restriction put on this property as it is today because it is at a lower elevation. Commissioner Tucker further requested that those Commissioners not able to make findings identify the issues and conditions in the resolution to give the applicant some direction. Commissioner Bogosian stated he is not suggesting we look at a prior restriction but look at this site and its relationship to the view, the neighbors, etc. If the building were lowered to 22 ft. and the same elements could be kept in the building he could support it. Stan Eisner, Interim Planning Director, stated it appears the Commission is evenly split and no resolution is going to come of this matter. He noted that if denied, the applicant has the rite 12 to appeal to the~ity Council; if continue he would hope the Commission would make a clear statement of exactly what the concerns are so the applicant can address them. Mr. Heid requested the matter be continued to the next meeting and a 90 day extension be granted. He further stated the applicant would like to review this with staff. CALL FOR THE QUESTION Ayes 2 (Forbes/Bogosian) Noes 2 (Moran/Tucker) Absent 3 Chair Moran noted that the application was not approved and would come back to the Planning Commission on December 11, 1991 as a public hearing for a re-vote by the Planning Commission. MOTION to reopen the public hearing and continue the matter to December 11, 1991. M/S Tucker/Forbes Ayes 4 Noes 0 Absent 3 Commissioner Bogosian left the meeting at 11:40 p.m. leaving the Planning Commission without a quorum to continue business. Chair Moran announced that the Desert Petroleum item (#6) will be continued to the December 11 meeting. MOTION to continue items 6, UP-550, Desert Petroleum; item 7, DR- 91-035, Chen; item 8, SM-91-007, Hancock; item #9, DR-91-052, Hu; and item 10, DR-91-037, Chao to the December 11, 1991 Planning Commission meeting. M/S Tucker/Moran Ayes 4 Noes 0 Absent 3 ------------------------------------------------------------- 6. UP-550 - Desert Petroleum, 12600 Saratoga Ave., review of compliance with existing use permit conditions which allows the operation of a gasoline service station in the R-M-5,000 P.C. zone district per Chapter 15 of the City Code. ------------------------------------------------------------- 7. DR-91-035 - Chen, 12505 Crayside Ln., Lot #18, request for design review approval to construct a new 5,511 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); application expires 2/8/92). ------------------------------------------------------------- 8. SM-91-007 - Hancock, 20410 Montalvo Oaks P1., request for site modification to previously approved plans for an existing residence in order to construct a pool, spa, arbor, decks and sitting areas in the rear yard area, per Chapter 15 of the City Code. The parcel is located within the R-1-20,000 zone district. 13 v_ 9. DR-91-052 - Hu, 12370 Ted Ave., request to demolish an existing residence in order to construct a new 3,369 sq. ft. one-story residence per Chapter 15 of the City Code. The parcel is approximately 11,202 sq. ft. and is located within the R-1-10,000 zone district (cont. from 10/23/91). ------------------------------------------------------------- 10. DR-91-037 - Chao, 21894 Villa Oaks Ln., request to construct a new 5,845 sq. ft. two-story residence within the Mt. Eden Estates subdivision per Chapter 15 of the City Code. The parcel is approximately 43,996 sq. ft. and is located within the NHR zone district (cont. from 10/23/91). -------------------------------------------------------------- ** The Planning Commission will not open any new public hearing items after 11:30 p.m. Those items not heard will be placed as early as possible on the next public hearing agenda. DIRECTOR'S ITEMS 1. DR-91-025 - Leposavic, 15134 Sperry Lane, a discussion of visual impact for an approved project. COMMISSION ITEMS COMMUNICATIONS Written 1. City Council Minutes - 10/16, 10/22 & 10/29/91 oral City Council The meeting adjourned at 11:45 p.m. 14'