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HomeMy WebLinkAbout03-25-1992 Planning Commission minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES March 25, 1992 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order by Vice Chairperson Caldwell at 7:33 p.m. ROLL CALL Present: Vice Chairperson Caldwell, Commissioners Tucker, Bogosian, Forbes, Favero and Durket Absent: Chairperson Moran PLEDGE OF ALLEGIANCE MINUTES DUE TO THE NUMBER OF CORRECTIONS, TUCKER/CALDWELL MOVED TO HOLD OVER THE MINUTES OF MARCH 11, 1992 TO THE PLANNING COMMISSION MEETING OF APRIL 7, 1992 IN ORDER TO ALLOW THE MINUTES CLERK TIME TO MAKE CORRECTIONS. Passed 5-0 (BOGOSIAN ABSTAINED). PLANNING COMMISSION CHAIR APPOINTMENTS Forbes/Durket moved to nominate Commissioner Caldwell as Chairperson. The motion passed 6-0 making Commissioner Caldwell Planning Commission Chairperson. Tucker/Durket moved to nominate Commissioner Bogosian as Vice Chairperson. The motion passed 6-0 making Commissioner Bogosian Vice Chairperson. ORAL COMMUNICATIONS There were no oral communications REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 7, 1992. Plannin Commission Mir sites 9 Meeting of March 25, 1992 Page Two . Technical Corrections to Packet Planner Adar announced that a corrected resolution for Item #8, HR-Hillside Residential Zone District, had been distributed. Section #5 relating to the Negative Declaration had been added to the resolution as required by California Environmental Quality Act. PUBLIC HEARING CONSENT CALENDAR 1. V-92-003 - Cunningham, 19771 Junipero Way, request for variance approval to exceed the allowable floor area for a single family residence by 312 sq. ft. The proposed floor area will be 4,362 sq. ft. where 4,050 sq. ft. is allowed. Variance approval is also requested to encroach 1 ft., 10 inches into the required side yard setback and to exceed the impervious coverage by 6%, per Chapter 15 of the City Code. The project site is located in an R-1-12,500 zone district (withdrawn by applicant). ------- ----------------------------------------------------------------------------------------------------------- 2. DR-91-064 - Kinnier, 14706 6th St., request for design V-91-017 - review approval to construct a new, two-story, 2,226 sq. ft., single family residence on an approximately 3,271 sq. ft. parcel and a request for variance approval to encroach into the required front, side and rear yard setbacks and from the City parking requirement in the R-1-10,000 zone district per Chapter 15 of the City Code (cont. to 4/7/92; application expires 5/29/92). -------------------------------------------------------------------------------------------------------------------- 3. UP-91-008 - Fathali, 18444 Purdue Dr., request for use permit approval to operate a large family daycare home within an R-1-10,000 zone district per Chapter 15 of the City Code (cont. to 4/7/92; applicatio n expires 9/5/92). ----------------------------------------------------------------------------------------------------------------- Commissioner Bogosian removed Item #2 from the Consent Calendar for a status report. Planner Walgren presented the Commission with a status report and the item was then placed back on the Consent Calendar. BOGOSIAN/TUCKER MOVED TO APPROVE THE PUBLIC HEARING CONSENT CALENDAR. Passed 6-0. ' Plannin Commission Minutes g Meeting of March 25, 1992 Page Three DIRECTOR'S ITEM 1. Review of Memo to City Council and Revisions to Design Standard Ordinance. FORBES/DURKET MOVED TO MOVE THE REVIEW OF THE MEMO TO CITY COUNCIL AND REVISIONS TO DESIGN STANDARD ORDINANCE TO THE END OF THE MEETING AGENDA. Passed 6-0. PUBLIC HEARINGS 4. UP-92-001 - Cancellieri, 14445 Big Basin Way, request for use permit approval to establish a liquor store in an existing building located in the Saratoga Village within a Commercial Historic (C-H) zone district per Chapter 15 of the City Code (cont. from 3/11/92 to allow for a re-vote). Planner Walgren gave a brief report and explained to the Commission that they could, if they so desired, vote on the motion as made at the last meeting and as it appears in the March 11, 1992 minutes on page 11. The motion was read into the minutes as follows: DURKET/TUCKER MOVED TO APPROVE UP-92-001 WITH THE FOLLOWING ADDED CONDITIONS: 1. THE HOURS OF OPERATION BE LIMITED TO 10:00 A.M. TO 8:00 P.M. MONDAY -SATURDAY AND 10:00 A.M. TO 6:00 P.M. ON SUNDAYS. 2. THE BUSINESS SHALL BE RESPONSIBLE FOR CLEANING LITTER FROM THE AREA SURROUNDING THE BUILDING AND THE ADJACENT PARKING LOT. 3. THE PARKING LOT SHALL BE SUFFICIENTLY LIT. 4. THE SIDING OF THE BUILDING SHALL BE REPLACED WITH WOOD SIDING -MORE IN KEEPING WITH THE CHARACTER OF THE VILLAGE. THE SIDING SHALL BE PAINTED WITH STAFF'S APPROVAL OF THE COLOR. 5. LANDSCAPING SHALL BE INSTALLED IN THE AREA WHERE THE METAL SHED NOW STANDS AND IS PROPOSED TO BE REMOVED. Chairperson Caldwell distributed and called the Commission's attention to a sheet which provided language for findings for denial of the application. Planning Commission Mutes • Meeting of March 25, 1992 Page Four Commissioner Bogosian stated that even though he was not present at the meeting of March 11, 1992 at which time the application was first reviewed, he had reviewed the staff report and the minutes and was comfortable voting on the issue. Commissioner Durket stated that he felt that there were no facts on which to base findings for a denial. Favero stated that there were adequate facts presented at the public hearing to support a denial. Chairperson Caldwell re-read the above motion. FORBES/DURKET MOVED TO RE-OPEN THE PUBLIC HEARING AT 7:57. Passed 6-0. Diane Diezen, 14407 Big Basin Way, spoke in opposition to the application stating that the proposed business is located too close in proximity to the highschool and would not promote the desired image and standards of the community. She also inquired as to whether a feasibility study had been conducted and expressed concerns regarding safety issues. Commissioner Durket asked if the application had been withdrawn as many had heard. Planner Walgren addressed Commissioner Durket's question and stated that no formal request for withdrawal had been received. Mr. Lampshire, representing the applicant, stated that the application had not been withdrawn. He spoke in favor of the application and stated that denying his client's application based on the reported problems in the area with relation to existing liquor stores would not solve the existing problems. Bob Cancellieri, applicant and owner of 14445 Big Basin Way, stated that he had visited the business establishments of the proposed tenants and found that they ran a respectable business. He supported an approval of the application and stated that competition was good for the customers and that other types of businesses had been allowed to open in Saratoga regardless of whether there were already existing identical businesses. Harry Lulla, owner of Saratoga Wine and Spirits, stated that he ran his business according to the Alcoholic Beverage Commission regulations and spoke in opposition to the application. Planning Commission Minutes Meeting of March 25, 19~ Page Five Resident, 12471 Green Meadow Lane, spoke in opposition to the application stating that the location of the proposed liquor store was not a good location because of its close proximity to the highschool. Since there was no one else wishing to speak Chairperson Caldwell closed the public hearing at 8:16 p.m. Chairperson Caldwell stated that she had received letters of opposition from other business owners and a call from Harry Lulla prior to the meeting. Commissioner Bogosian stated that he could only deny the application if he could make findings that the proposed business posed a public safety hazard and since he could not, he would be supporting the application. Commissioner Favero reminded the Commission of the intent of the Code to preserve the character and health and safety of the community and the object to promote a mix of businesses. He therefore stated he could not support approval of the application based on the concerns expressed by the general public. Commissioner Tucker stated that she could support approval of the application for a use permit. She explained, for the sake of the public, the purpose and intent of use permits. Commissioner Forbes requested that the motion as proposed above be re-stated. Chairperson Caldwell reiterated the above motion. THE MOTION DID NOT PASS BASED ON THE FOLLOWING ROLL CALL VOTE: AYES: DURKET, TUCKER AND BOGOSIAN NOES: CALDWELL, FAVERO AND FORBES CALDWELL/FORBES MOVED TO DENY UP-92-001 FOR REASONS THAT THE PROPOSED USE IS AT VARIANCE WITH THE OBJECTIVES OF THE ZONING ORDINANCE AND THE PURPOSES OF THE DISTRICT IN WHICH THE SITE IS LOCATED, IN THAT RESIDENTS AND VILLAGE MERCHANTS TESTIFYING BEFORE THE COMMISSION AND WRITING LETTERS TO THE COMMISSION HAVE PRESENTED EVIDENCE THAT: 1. THE OPERATION OF AN ADDITIONAL LIQUOR STORE IN THE VILLAGE WILL BE TO THE DIRECT ECONOMIC AND PHYSICAL DETRIMENT TO THOSE ESTABLISHMENTS NOW POSSESSING FULL RETAIL LIQUOR LICENSES AND TO THOSE MERCHANTS IN CLOSE PROXIMITY TO THE PROPOSED LIQUOR STORE SITE. TWO, LET ALONE THREE, ESTABLISHMENTS RETAILING A FULL Planning Commission Mi~futes Meeting of March 25, 1992 Page Six LINE OF LIQUOR ITEMS WITHIN LESS THAN A FULL BLOCK'S DISTANCE FROM EACH OTHER WOULD NOT FURTHER THE COMMERCIAL ZONING DISTRICT PURPOSE OF PROVIDING OPPORTUNITIES FOR ESTABLISHMENTS TO LOCATE IN A MUTUALLY BENEFICIAL RELATIONSHIP TO EACH OTHER. TO GRANT THE PROPOSED USE PERMIT WOULD THEREFORE CONTRAVENE SECTION 15-19.010(8). 2. THE OPERATION OF AN ADDITIONAL LIQUOR STORE IN THE VILLAGE WILL NOT PROMOTE STABLE, ATTRACTIVE COMMERCIAL DEVELOPMENT TO AFFORD A PLEASANT SHOPPING ENVIRONMENT AND COMPLIMENT THE ESSENTIAL RESIDENTIAL CHARACTER OF THE CITY. THE EXPECTED LITTER AND PERSONAL SAFETY PROBLEMS ALREADY EXPERIENCED \BY RESIDENTS IN CONJUNCTION WITH THE EXISTING LIQUOR STORE, SUCH AS PEOPLE LOITERING WITH OPEN LIQUOR CONTAINERS IN AND AROUND NEARBY ESTABLISHMENTS, EMPTY CONTAINERS DISPOSED OF OUTSIDE NEARBY SHOPS, AND THE CONGREGATION OF LIQUOR STORE PATRONS IN THE NEARBY PARKING LOT, WILL DETRACT FROM THE PLEASANT SHOPPING ENVIRONMENT SOUGHT IN THE VILLAGE AND WILL POSE ADDITIONAL LITTER AND SAFETY PROBLEMS, FOR THOSE RESIDING AND WORKING IN THE VILLAGE. MOREOVER, SOME OF THE CONDITIONS PROPOSED TO CONTROL OR MITIGATE THESE PROBLEMS, SUCH AS ADDITIONAL PARKING LOT LIGHTING WILL BE DETRIMENTAL TO THE ESSENTIAL RESIDENTIAL NATURE OF THE VILLAGE AND A FURTHER NUISANCE TO THOSE RESIDING NEAR THE PARKING LOT. TO GRANT THE PROPOSED USE PERMIT WOULD THEREFORE CONTRAVENE SECTION 15-19.010(C). 3. THE SARATOGA VILLAGE IS A SMALL GEOGRAPHIC AREA ENCOMPASSING AT MOST SEVERAL BLOCKS, THE COMMERCIAL ESTABLISHMENTS IN THE VILLAGE ARE CONCENTRATED ALONG BIG BASIN WAY, WITH RETAIL ESTABLISHMENTS FURTHER CONCENTRATED NEAR THE EAST END OF BIG BASIN WAY. THE OPERATION OF AN ADDITIONAL LIQUOR STORE IN THE VILLAGE AT THE PROPOSED LOCATION WILL RESULT IN A HEAVY CONCENTRATION OF RETAIL LIQUOR STORE ESTABLISHMENTS AT THE EAST END OF THE VILLAGE. SUCH A CONCENTRATION OF LIKE RETAIL LIQUOR ESTABLISHMENTS CONTRAVENES THE VILLAGE PLAN OBJECTIVE OF ATTAINING A MIX OF SPECIALTY SHOPS, RESTAURANTS, CONVENIENCE SHOPS, SERVICES AND RESIDENCES IN THE VILLAGE. TO GRANT THE PROPOSED USE PERMIT WOULD THEREFORE VIOLATE SECTION 15-19.010(G)(3). (B) THE PROPOSED USE AND THE CONDITIONS UNDER WHICH THE PROPOSED LIQUOR STORE WOULD BE OPERATED OR Planning Commission M~tes Meeting of March 25, 1992 Page Seven MAINTAINED WILL BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR MATERIALLY INJURIOUS TO PROPERTIES OR IMPROVEMENTS IN THE VICINITY IN THAT THE EXACERBATION OF EXISTING LITTER AND SAFETY PROBLEMS DESCRIBED ABOVE POSES A DIRECT THREAT TO SAFETY AND WELFARE OF EXISTING VILLAGE RESIDENTS, PATRONS AND MERCHANTS, AND POSES THE THREAT OF INJURY TO VILLAGE PROPERTIES. THE MOTION DID NOT PASS 3-3 (Durket, Tucker and Bogosian opposed). Since a tie vote automatically re-agendizes the item for the next Planning Commission meeting, BOGOSIAN/TUCKER MOVED THAT THE PUBLIC HEARING BE CLOSED ON THE ISSUE, THEREFORE THE PUBLIC HEARING WILL NOT BE RE-OPENED ON THE ITEM AT THE NEXT MEETING. PASSED 6-0. The Commission took a break at 8:32 p.m. The meeting was reconvened at 8:43 p.m. 5. DR-91-072 - Saratoga Pacific Oaks, 19216 Crisp Ave., request for design review approval to construct a new two-story 5,520 sq. ft. residence pursuant to Chapter 15 of the City Code. The subject property is 40,006 sq. ft. in area and is Lot #18 of the San Marcos Heights subdivision (cont. from 3/11/92; application expires 6/20/92). ------------------------------------------------------------------------------------------------------------------ Planner Walgren presented the Report dated February 12, 1992 to the Commission. Chairperson Caldwell opened the public hearing at 8:45 p.m. Virginia Fanelli, representing the applicant, spoke in favor of the application and presented a picture board showing the site and the various views from that site. She also explained the issues of the proposed design, the developer intent to maintain compatibility among the homes in the subdivision and landscape plans. Since there was no one else wishing to speak Chairperson Caldwell closed the public hearing at 8:55 p.m. TUCKER/FORGES MOVED TO APPROVE DR-92-002 AS PER THE STAFF REPORT. Commissioner Durket stated that he believed that the homes proposed for the subdivision were progressively getting larger. Commissioner Bogosian stated that he was initially concerned with the appearance of mass and bulk, but after using the aid of the visuals felt that the proposed design was compatible with the previously approved homes for the subdivision. Planning Commission M~tes • Meeting of March 25, 1992 Page Eight Chairperson Caldwell concurred with Commissioner Bogosian. THE MOTION PASSED 5-1 (Durket opposed). 6. UP-92-002 - Allan, 14426 Black Walnut Ct., request for use permit approval to construct a 690 sq. ft. workshop within the rear yard setback of a 40,933 sq. ft. parcel per Chapter 15 of the City Code. The property is located in an R-1-40,000 zone district. Planner Walgren presented the Commission with the Report dated March 25, 1992. Chairperson Caldwell opened the public hearing at 9:00 p.m. Mr. Allen, applicant, spoke in favor of the application and answered questions of the Commission in regard to the application. Chairperson Caldwell closed the public hearing at 9:02 p.m. FORBES/FAVERO MOVED TO APPROVE UP-92-002. COMMISSIONER TUCKER ADDED AN AMENDMENT TO THE MOTION THAT THE WORKSHOP NOT BE USED AS A SECOND LIVING UNIT WITHOUT THE PROPER PERMITS. THIS AMENDMENT WAS ACCEPTED BY THE MOVER AND SECONDER OF THE MOTION. THE MOTION PASSED 6-0. 7. SD-91-005 - Kerwin Ranch L.P., 13616 Fruitvale Ave., request for tentative map approval to subdivide an 11.6 acre site into sixteen (16) single family residential parcels ranging from 20,500 to 32,000 sq. ft. in size. The subject property is located at the southeast corner of Saratoga and Fruitvale Avenues, within an R-1-20,000 zone district, and is proposed to be accessed by two cul-de-sacs; one an extension of Ronnie Way serving eight (8) parcels, and the other accessing Saratoga Avenue, aligned with Scotland Dr., serving the remaining eight (8) parcels. An environmental Negative Declaration will be presented at the public hearing for Planning Commission consideration. -------------------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated March 25, 1992 and answered questions of the Commission. Chairperson Caldwell opened the public hearing at 9:08 p.m. Captain Kerwin, applicant, spoke of the Kerwin Ranch Partnership, gave a brief history of the property and submitted to the Commission the Kerwin Ranch Land Use Policy. Planning Commission Mi'Ptutes • Meeting of March 25, 1992 Page Nine Linda Davis, applicant, spoke in regard to the orchard, the economic infeasibility of continuing the orchard, the diseased condition of the orchard trees and submitted a report on the history, preservation and condition of the orchard. She also stated that the existing house was in such poor condition that it would need to be re-built from the ground up. Bill Heis, project civil engineer representing the applicant, explained the lay out of the proposed subdivision, presented alternative plans and spoke in favor of the proposed tentative map. He also answered questions of the Commission in regard to the application. Robert Cooper, 13655 Ronnie Way, expressed support for the proposed subdivision and stated that he favored the proposed plan over any of the previously proposed plans. He also stated that he favored the plan because it did not have an egress/ingress onto Fruitvale. He stated that he was not in favor of blocking off the pedestrian/bike trail. Planner Walgren stated that he had received letters of opposition to the extension of Ronnie Way into the Kerwin Ranch property, to the pedestrian pathway linking Kerwin Ranch to Fruitvale and requesting restrictions on future house construction. The letters were from Mr. and Mrs. Vial, Mr. and Mrs. Perkiest, Mr. and Mrs. Ellis, Mr. and Mrs. Smith, Ms. Ware, and Ms. Mac Intosh. Don Boden,13551 Ronnie Way, commended the Kerwins on keeping the neighbors informed of their plans. He distributed a packet to the Commission and spoke in opposition to extending Ronnie Way in to the Kerwin Ranch property. Gunther Machol, resident of Ronnie Way, spoke in opposition to the City acquiring Lots 14, 15, and 16 to utilize the land as a park. He submitted a petition to the Commission expressing this opposition. He spoke in favor of the land being zoned R1-20 and used only as a R1-20 subdivision. He read through the petition submitted and outlined the reasons the neighbors supported the land to be used only as an R1- 20 subdivision. Bill Stevens, 19337 Lisa Marie Lane, concurred with the comments of the previous speaker opposing the City acquisition of Lot 14, 15, and 16. He also submitted a document signed by the residents of Lisa Marie Lane expressing this opposition. Carol Machol, resident of Ronnie Way, submitted another petition opposing the tentative map of the Kerwin Ranch property. She outlined the various maps that accompanied the petition and the 10 points (listed in the petition) that should be adopted in conjunction with an approval of any tentative map of the Kerwin Ranch property. She also expressed concern regarding the height and building pads of any future homes on the property and great concern for the pedestrian pathway connecting with Fruitvale and it potential development. She also answered questions of the Commission regarding the neighbors concerns regarding the pathway. ' ~ Planning Commission Mlfi"utes • Meeting of March 25, 1992 Page Ten Planner Walgren explained that the pathway was a 20 foot pedestrian pathway only and that the proposed cul-de-sac dead ends into a private parcel on which the pathway exists therefore making any other type of public access impossible. Mrs. Markowski, resident of Portos Court, inquired as to how the Commission could guarantee the neighbors that the pathway would not be developed into a roadway in the future as Commissioner Durket stated. She also expressed great concern regarding the potential use of the path as a vehicular access road. Commissioner Durket explained that one of the ways to ensure the restriction of the path was by attaching such a condition to the tentative map. He also suggested that staff could research other ways in which to prohibit the pathway from being developed into a roadway. Planner Walgren explained that the General Plan also has a provision which prohibits the connection of Ronnie Way with Fruitvale Avenue. Resident, corner of Ronnie Way and Wendy Lane, stated that traffic on Ronnie Way had been a problem in the past and that the problem would just increase if Ronnie Way and Fruitvale Avenue were connected. Bill Choko, Ronnie Way, spoke in opposition to connecting Ronnie Way and Fruitvale for vehicular use and suggested that the pedestrian path be re-routed to run from Ronnie Way, parallel to Fruitvale, down to the creek and then up and along Fruitvale in order to prevent the path's use as a road. Chairperson Caldwell suggested leaving the public hearing open since it appeared that the item would continue to another meeting. Commissioner Durket suggested that staff research acceptable ways in which the City could guarantee points 1 and 2 in the document submitted by Carol Machol in order to alleviate the peoples' fear of the extension of Ronnie Way to Fruitvale. He also suggested that a study on the use of the path be conducted and an analysis of the benefit versus burden of phasing the project opposed to it being developed in its entirety or as a whole. Commissioner Bogosian suggested looking into a serpentine type of park along the path to prevent the future expansion of the path into a vehicular roadway. He also expressed support for implementation of a height restriction of 22 feet and under for any proposed homes in the subdivision and favored R1-20 zoning. Commissioner Tucker spoke in favor of having more information from the City Engineer regarding the reconfiguration of Lisa Marie Lane and its resulting safety issues. She also spoke in favor of the R1-20 zoning and suggested placing a home at the end of the Ronnie Way extension so as to alleviate concerns of the foot path ever being converted into a vehicular roadway. Planning Commission MrT~utes • Meeting of March 25, 1992 Page Eleven Commissioner Durket amended his above comment to clarify that it was point 2 of the document submitted by Carol Machol that he was more concerned with preserving. Commissioner Favero stated that he was in favor preserving some open space not necessarily as a park, but perhaps establishing an open space corridor to preserve a portion of the orchard. He also expressed interest in hearing a presentation or discussion with a representative of the Heritage Commission regarding their concerns and desires of preserving a portion of the subject area. Chairperson Caldwell suggested looking at the Lisa Marie tentative map conditions in order to help with the issues of the proposed Kerwin tentative map. She also suggested speaking with the Fire and Police Officials regarding access issues. Chairperson Caldwell spoke in favor of a worksession on the item. Planner Adar stated that a joint worksession with the Heritage Commission was scheduled for April 28th and that this item could be placed on the agenda. BOGOSIAN/TUCKER MOVED THAT SD-91-005 BE CONTINUED TO THE WORKSESSION OF APRIL 28, 1992 AND THAT THE CITY ENGINEER, POLICE AND FIRE OFFICIALS BE PRESENT AND THAT STAFF PREPARE FOR THE WORKSESSION, THE ITEMS AND REPORTS AS REQUESTED BY THE COMMISSION. The motion passed 6-0. The Commission took a break at 10:35 p.m. and then reconvened at 10:44 p.m. Chairperson Caldwell moved the following Directors Item to this point in the meeting to accommodate a member of the audience who had attended the meeting for the purpose of hearing this item. DIRECTOR'S ITEM 1. Review of Memo to City Council and Revisions to Design Standard Ordinance. Planner Adar presented the Report dated March 25, 1992 to the Commission. She explained that Staff recommended that Sections 13 and 14 be taken out of the ordinance and those sections be left to the City Engineer to refer to the City Council and be handled separately from the rest of the ordinance. Both Planner Adar and City Manager answered questions of the Commission. Chairperson Caldwell questioned the reasoning for deleting the phrase "surrounding the main residential structure" from the end of Section 15-14.050(g). Planner Adar explained the staff's reasoning. Commissioner Durket stated he was in favor of leaving the phrase in. Planning Commission M~tes Meeting of March 25, 1992 Page Twelve Commissioner Caldwell suggested deleting paragraph 4 on page 1 of the memo and going directly to the itemized changes. She also stated that since #3 and 4 on page 2 is no longer under consideration and should also be deleted. She suggested that the memo more accurately state that it was the staff and not the Commission who had suggested some of the amendments to the Zoning Ordinance. She also expressed concern regarding the previously mentioned section 3 pertaining to the grading, She stated that the memo did not accurately reflect what the Commission would have recommended which was that 3 horizontal to one vertical could be exceeded up to 2 to 1. Chairperson Caldwell also stated that she would be more comfortable seeing the final memo. Commissioner Favero agreed. Commissioner Tucker stated that she felt comfortable with just Chairperson Caldwell reviewing it. Chairperson Caldwell asked staff to mail a copy of the memo to each of the Commissioners. 8. HR -Hillside Residential Zone District -Combined District of the NHR and HC-RD Zone Districts. Articles 15-13 and 15-14 of the City Code. The Planning Commission will consider combination of two existing hillside zone districts, NHR -Northwestern Hillside Residential (Article 15-14) and HC-RD - Hillside Conservation -Residential District (Article 15-13) into one district: HR - Hillside Residential. The new district will combine the permitted and conditional uses of both districts; will apply the standards of the NHR zone which are very similar to the HC-RD and will apply the height restriction for construction on ridgelines in both district areas. A Negative Declaration. has been prepared for this project (cont. from 3/11/92). Planner Adar presented the Report dated March 25, 1992 and answered questions of the Commission. Commissioner Tucker stated that there was not ample time to thoroughly review the entire report and stated that she was not prepared to vote on the issue at this time. Commissioner Bogosian concurred with Commissioner Tucker's statement. Commissioner Favero stated that he was in favor of allowing additional time for the other Commissioners to review the item. Planning Commission MlTutes Meeting of March 25, 1992 Page Thirteen FAVERO/TUCKER MOVED TO CONTINUE THE ITEM TO THE PLANNING COMMISSION MEETING OF APRIL 7, 1992, WHERE THE ITEM SHOULD BE PLACED ON THE CONSENT CALENDAR. The motion passed 6-0. Chairperson Caldwell suggested that the Commission look at applying the NHR Specific Plan to the new HR zone. DIRECTOR'S ITEMS 1. Review of existing guidelines regarding modifications to approved plan sets. 2. Request for operational definitions of the terms "material changes", "ascertainable change", and "adverse impact on surrounding area". Planner Walgren gave a brief report on this item and recommended that the Commission accept the item as an informational item. He also answered questions of the Commission regarding these items. Chairperson Caldwell spoke to the issue of implementing a provision with regard to allowable heights of building pads and limitation on the deviation of the pads to that which is shown on the approved plans. City Manager suggested a possibility of limiting the height of a building based on an above sea level measurement. Commissioner Favero suggested establishing guidelines that would allow staff flexibility to use judgement for in field changes. Chairperson Caldwell stated that she didn't feel the definitions in item 2 of the Directors Items were very useful. She stated that the definition for Material Change missed completely the "extent" of a change. The words "in any way" should be added to the end of the definition for Ascertainable change and in the definition of Adverse Impact, examples of specific sites should be give. Commissioner Favero asked if staff could work on a definition for mitigation. The City Attorney advised that the staff remain with CEQA's definition of mitigation. COMMISSION ITEMS Executive Session concerning City Attorney evaluation It was the consensus of the Commission to reschedule this item for 7;15 p.m. on the April 28, 1992, worksession and begin the Regular Business at 7:45 p.m. Plannin Commission Rtes 9 Meeting of March 25, 1992 Page Fourteen COMMUNICATIONS Commissioner Bogosian stated that Mrs. Faye Mongrow wrote a letter regarding the parking problem in the Village. Written 1. Heritage Preservation Minutes - 2/12/92 Oral City Council ADJOURNMENT The meeting was adjourned at 11:46 p.m. by Chairperson Caldwell. Andrea M. Chelemengos Minutes Clerk