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HomeMy WebLinkAbout03-09-1993 Planning Commission minutes. , ~. • CITY OF SARATOGA PLANNING COMMISSION MINUTES March 9, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order at 7:33 p.m. by Chairperson Caldwell. ROLL CALL Present: Chairperson Caldwell, Commissioners Murakami, Moran, Jacobs, Wolfe, Bogosian and Asfour Absent: None PLEDGE OF ALLEGIANCE MINUTES Minutes of February 24, 1993. Chairperson Caldwell had the following corrections: Page 6, the speaker referred to as "Peggy" beginning in the 2nd paragraph and throughout the page should be clarified by inserting her last name which is "Emerson". Page 8, 4th paragraph from the bottom, 2nd line, the words "oil casing" should be deleted and replaced with the words "well casing". Commissioner Bogosian had the following corrections: Page 10, 3rd paragraph from the bottom, last sentence, should read: "He suggested that language be incorporated into this ordinance which would encompass situations such as deliveries during the hours of 1:00 a.m. and 6:00 a.m." Page 11, 1st paragraph after Chairperson Caldwell opened the public hearing, the speaker's name is misspelled and should be corrected. The name should be Jerry Kocir. Commissioner Jacobs noted the following correction: Page 10, 4th paragraph, the words "regular operation" should be deleted and the words "noise violations" inserted. Planning Commission Minutes Meeting of March 9, 1993 Page 2 BOGOSIAN/JACOBS MOVED APPROVAL OF THE MINUTES OF FEBRUARY 24, 1993, AS CORRECTED (ABOVE). PASSED 6-0-1 (COMMISSIONER MORAN ABSTAINED). ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 5, 1993. TECHNICAL CORRECTIONS TO PACKET Planner Walgren noted the following technical correction: Item #3, Page 37, Condition 29 and 29a should be corrected to read as follows: 29. "Pursuant to the City Arborist's report dated September 9, 1992, all applicable tree preservation measures shall be completed prior to Final map approval, including, but not limited to: a. The owner (applicant) shall submit a plan for City Arborist review and approval indicating the installation of adequate aeration tubes to continue an air supply to the roots of tree #14. These shall then be installed, per the approved plan, in conjunction with the street improvements" PUBLIC HEARINGS 1. SD-93-001 - Audrey Smith Trust; Montalvo Rd. and Hill Ave., request for Tentative Map approval to subdivide four hillside parcels totaling 7.2 acres into six single-family residential building sites ranging from 40,000 to 50,000 sq. ft. in size. The subject property is located at the northwest corner of Montalvo Rd. and Hill Ave., within an R-1-40,000 zone district, and is proposed to be accessed via a cul-de-sac off Montalvo Rd. (public hearing cont. from 2/24/93 to amend the Tentative Map Resolution per the Commission's direction and allow the applicant time to revise the roadway configuration per the staff report recommendation; application expires 8/3/93). --------------------------------------------------------------------------------------------------------- +r • Planning Commission Minutes Meeting of March 9, 1993 Page 3 Planner Walgren presented the Staff Report Dated March 9, 1993, and answered questions from the Commission with regard to the application. He also outlined the changes made to the application per Planning Commission's direction at the February 24, 1993 public hearing. Chairperson Caldwell noted receipt of a letter from the California Regional Water Quality Control Board which included relevant information to this item and Item #3 on the agenda. Chairperson Caldwell directed the Commission's attention to Page 3 of the letter which discussed regulatory control measures. She noted that the California Regional Water Control Board would be looking to cities such as Saratoga to develop and enforce riparian corridor ordinances. AT 7:43 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING Bill Heiss, project Civil Engineer, stated that he had investigated the issue of the protruding pipe (brought up at the last public hearing on the application) and had determined that this pipe is part of a catch basin. He spoke in favor of the application and answered questions from the Commission with regard to the project. Kindel Blau, 23005 Sandy Oak Court, member of the Santa Clara County Creeks Coalition, inquired whether any flood control provisions had been made for this project, the exact location of property lines, and Saratoga's definition of a riparian habitat corridor. She explained the goals and purpose of the Santa Clara County Creeks Coalition and urged the Commission to allow the Creek Coalition to review the proposed project and make their recommendations as to a suitable size of the riparian corridor. She also answered questions from the Commission with regard to their general size recommendation for riparian habitat corridors and model ordinances that they use. In response to Ms. Blau's questions, Planner Walgren indicated that no flood control provisions had been made or are necessary for this project. He noted that the tributary of the creek is actually off the subject property and located on the adjacent property. Chairperson Caldwell read aloud the City's definition of a riparian habitat corridor. Bill Heiss, project civil engineer, reiterated his support for the application and stated that neither he nor his client would be in favor of holding up the subdivision application for further study by the Santa Clara County Creek Coalition. BOGOSIAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 8:03 P.M. PASSED 7-0. • ~ Planning Commission Minutes Meeting of March 9, 1993 Page 4 Commissioner Bogosian stated that he wanted to clarify that this project includes provisions for private open space not public open space. He also noted that there are other reasons besides environmental preservation reasons for requiring large easements or setbacks from a creek. He cited a such reasons as erosion control and structure slippage prevention. Chairperson Caldwell concurred with the comments made by Commissioner Bogosian and cited several examples of such situations. MORAN/BOGOSIAN MOVED TO APPROVE 93-001 AS RECOMMEND PER THE STAFF REPORT. Commissioner Moran stated that she had reviewed the application, and the minutes, and had listened to the tapes of the February 24, 1993, meeting and was impressed with the work and care that the applicant and staff had taken with this application. She stated that she felt the required 60-foot riparian habitat corridor would be appropriate. COMMISSION MORAN ADDED AN AMENDMENT TO HER MOTION WHICH REQUIRED THAT ANY FENCING SITUATED ALONG THE NORTHWEST PROPERTY LINE BE AN OPEN, STRAIGHT WIRE FENCE. Commissioner Bogosian inquired whether this type of fencing would meet the pool fence enclosure requirements. City Attorney stated that this type of fence would be acceptable as long as the openings (the gaps between the wires) are less than 4 inches. She suggested that the amendment include wording that the fence meet the code requirements for pool enclosure fences should a pool be built on the property. COMMISSIONER BOGOSIAN STATED THAT THE AMENDMENT WAS ACCEPTABLE TO HIM AS THE SECONDER OF THE MOTION. Planner Walgren stated that he believed that the back portion of the property abutting the creek was already fenced in. Commissioner Wolfe stated that he did not remember an existing fence along this portion of the property. The project engineer indicated that there currently was not a fence on this portion of the property. Commissioner Wolfe commented that he favored an open, see-through fence. THE MOTION (INCLUDING THE AMENDMENT REGARDING THE TYPE OF FENCE) PASSED 7-0. • • Planning Commission Minutes Meeting of March 9, 1993 Page 5 2. SM-92-009 - Robbins; 15244 Montalvo Heights Ct., request for Site Modification approval to allow the construction of a swimming pool and surrounding rockscape and waterfall, per Chapter 14 of the City Code. The subject property is approximately 2.5 acres and is located in an R-1-40,000 zone district (cont. from 2/24/93 to allow the applicant to correct discrepancies in the plans; application expires 6/11/93). Planner Walgren presented the Report dated March 9, 1993 and answered questions from the Commission with regard to the application. AT 8:20 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING. Virginia Fanelli, representing the applicant, gave a brief explanation of the proposed modifications and spoke in favor of the application. Since there was no one else wishing to speak, ASFOUR/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 8:23 P.M. PASSED 7-0. MORAN/MURAKAMI MOVED TO APPROVE SM-92-009. Commissioner Moran stated that she thought the project and the landscaping would be compatible with the surrounding properties. Commissioner Bogosian concurred with Commissioner Moran's comments and also stated that he felt the pool would be an asset with regard to fire safety. THE MOTION PASSED 7-0. 3. SD-92-006 - Bochenek; 14350 Douglass Ln., request for V-93-003 - Tentative Map approval to subdivide a 3.05 acre parcel into two separate parcels of 1.47 and 1.58 acres within an R-1-20,000 zone district per Chapter 14 of the City Code. The request also involves Variance consideration to allow the existing residence to be located 45 feet from the front property line where a 77 foot front yard setback is required, per Chapter 15 of the City Code. The minor land division is categorically exempt from further environmental review under the CEQA guidelines (cont. from 2/24/93 in order to readvertise as a variance application; application expires 7/14/93). -------------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated March 9, 1993, and answered questions from the Commission with regard to the application. • • Planning Commission Minutes Meeting of March 9, 1993 Page 6 Commissioner Bogosian inquired about any Heritage Preservation Designation of the existing house on the site. Planner Walgren explained that the existing house on the site had not received Heritage Preservation Designation, but the Heritage Commission had only recommended that the existence of the house be documented. Planner Walgren explained that a Heritage Preservation Designation would not necessarily require that the house be preserved indefinitely, but that any alterations to the house would require Heritage Commission and Planning Commission review. Chairperson Caldwell noted that this property abuts Wildcat Creek and inquired how far a 60-foot setback would encroach into the building envelope of Lot 2 should the Commission decide to condition this project to include a 60-foot riparian easement. Planner Walgren stated that he thought that such an easement would slightly encroach into the proposed building envelope. He indicated that he would scale the plans and inform the Commission as to the extent of the encroachment. AT 8:30 P.M., CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING. Bill Heiss, project civil engineer, gave a presentation on the application. He discussed such issues as the new minimum access road, tree preservation, the pedestrian/equestrian pathway, and issues pertaining to the creek. He spoke in favor of the application and answered questions from the Commission. Commissioner Jacobs inquired who would be the party responsible for maintaining the road. Bill Heiss, project engineer, explained that maintenance would be shared by the property owners and the City. He noted that the pedestrian easement would be maintained by the City. Commissioner Bogosian asked about liability issues with regard to potential injuries sustained on the private access road. Planner Walgren noted that 90% of public easements cross private property. He further explained that in this situation the pedestrian easement also crosses a private road. Planner Walgren noted that this situation is not uncommon. • • Planning Commission Minutes Meeting of March 9, 1993 Page 7 Sally Stream, 14230 Douglass Lane, member of the Mid-Peninsula Open Space District and a Docent for California Native Plant Society, submitted a document which contained the signatures of those people who walk/jog the pathway "loop". She spoke in favor of preserving the pine trees and establishing a riparian habitat easement along Wildcat Creek. She also noted that a defoliant or spray similar to a defoliant had been sprayed around the creek area. Annie Woolsey, 19952 Durham Court, urged the Commission to protect the creek bank and the wildlife. She spoke in opposition to the construction of a solid wood fence along the creek. Bob Woolsey, 19952 Durham Court, spoke in favor of establishing some type of buffer zone between the creek and the oak trees in order to preserve the existing vegetation. City Attorney addressed the earlier questions from the Commission with regard to maintenance of the road and pathway and liability issues. She explained that liability for the pedestrian easement would derive from the maintenance agreement. She stated that if the City maintains the pathway then the City is also liable for any injuries on the pathway. She directed the Commission's attention to Condition # 14 which states that the easement is an existing easement. She also noted that she had not yet seen the maintenance agreement and therefore could not comment on it until she had reviewed it. Commissioner Bogosian asked about the width of the easement. He also noted that should guest visit the site, they may park along the street and essentially block the pedestrian easement. Commissioner Jacobs stated that he felt there would be competing uses with regard to vehicles parking on the road and pedestrians and equestrians trying to use the pedestrian/equestrian easement. He suggested the Commission ask the project engineer about relocating the driveway. Planner Walgren stated that the easement is 30-feet wide and that the road is between 12-16 feet wide. Commissioner Bogosian expressed his support for pinning down the exact location of the trail and specifying its use. Mary Ann Swan, Chairperson of the Saratoga Parks and Recreation Commission, addressed the Commission and explained that the Parks and Recreation Commission would be determining the exact location and use of the trail after the subdivision has been approved. She expressed concern regarding fire safety issues. She inquired whether there would still be access from the Spaich property • • Planning Commission Minutes Meeting of March 9, 1993 Page 8 to Douglass. She urged the Commission to research whether a fire truck could get down the easement and to the other side of Douglass. She supported the stipulation of no parking on the easement. Commissioner Bogosian again expressed his support for pinning down the exact location of the trail and specifying its use. Planner Walgren provided some background information on the existence of the pathway. He explained that the existing asphalt road had been deemed by the Parks and Recreation Commission to be an appropriate pathway and was then recorded as an easement. The recording of this easement had been broad enough to include the roadway. He stated that there is no need to build a new pathway. Commissioner Jacobs expressed his concern with regard to the multiple and possibly conflicting uses. Jennifer Crotty, Parks and Recreation Commissioner, stated that she thought that the trail is a "gold mine" and is frequently use by area residents. She stated that the multiple use of the easement should not be such a scary issue. Commissioner Bogosian stated his concern for either a future property owner or the City being hit with a lawsuit for liability of an injury sustained on the easement. Discussion commenced regarding the easement, its size, use and the location of the proposed driveway. Bill Heiss, project engineer, explained that the easement is approximately 20-feet wide and that he is of the opinion that no significant impacts would exist. He also explained, in response to MaryAnn's question about access from the Spaich property, that no recorded easement exists for access from the Spaich property. He also explained that with regard to fire/emergency vehicle access down the easement, the City had no legal right to require emergency access down the easement and if emergency vehicle access was required, the City would have to widen the easement. Commissioner Wolfe inquired whether the City had a fire plan for this area and if the subdivision had been reviewed by the Fire Chief. Planner Walgren stated that the map had been review and was acceptable to the Fire Chief. Mr. Pastor, 14230 Douglass Lane, stated that he saw no conflict in the multiple use of the easement. He noted that there would be ample room for pedestrians even in the case of cars parking along the road. He stated that should the • • Planning Commission Minutes Meeting of March 9, 1993 Page 9 Commission require the roadway to be widened to accommodate emergency vehicles the widening would devastate much of the existing vegetation. Bill Heiss, project engineer, spoke in favor of using the canopy of the existing oak trees as a marker for a riparian habitat easement/corridor. ASFOUR/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 9:13 P.M. PASSED 7-0. Planner Walgren responded to Commissioner Moran's question about a 60-foot riparian corridor and its encroachment into the building envelope. He stated that the envelope at the closest point to the creek would be approximately 45-50 feet from the center of the creek and 40 feet from the top of the bank. Commissioner Asfour stated that he had concerns with Parcel A and its future development in relation to the creek. He stated that he also had concerns with the trees on Lot 2 and favors an easement to ensure protection of the trees. Chairperson Caldwell outlined the issues as follows: 1. Size of Riparian setbacks 2. Variance of the House on Lot 1 3. Trail Easement Commissioner Moran stated that she favored a 60-foot riparian corridor on both Lots 1 and 2, could support the variance application, and did not see the multiple use of the easement as a problem. Commissioner Asfour stated that he saw no problem with the multiple use of the easement and could support the variance. Commissioner Jacobs stated that he was opposed to the roadway as drawn and favors moving the road out of the pedestrian path. He stated that he could support the variance and favors a 60-foot riparian corridor. Chairperson Caldwell asked the reason why the roadway had not been moved. Staff indicated that the roadway had been located in the easement in order to preserve the existing trees. Commissioner Asfour stated that there may be no alternative to some multiple use of the easement. • • Planning Commission Minutes Meeting of March 9, 1993 Page 10 Commissioner Bogosian concurred with Commissioner Jacobs' comments and expressed strong support for maintaining existing trails. However, he expressed concern with conflicting uses of the easement. He favored relocation of the trail and also preservation of the trees. He expressed support for the riparian easement and support for the application as a whole with the reservations as stated above. There was some discussion regarding moving the driveway or the trail, but no consensus was reached. Commissioner Murakami stated that he could support the application as recommended in the staff report. Commissioner Wolfe indicated that he had no problem with any of the issues and could support the application. Chairperson Caldwell inquired whether there would be provisions for replacement value of the oak tree to be removed. Planner Walgren stated that a provision would be part of the design review process, but that the Planning Commission could provide for this provision now during the subdivision review. Chairperson Caldwell expressed her support for the riparian and trail easements and the variance. She inquired as to how the Planning Commission should handle the issue of the Lot 2 envelope encroaching into the riparian easement. Planner Walgren explained that a revised tentative map would be needed, but the Commission could take action with a condition that the applicant revise the proposed building site and show the 60-foot easement. He stated that the revised tentative map could be reviewed by the Planning Commission for their acceptance prior to the City Council's approval of the final tentative map. MORAN/ASFOUR MOVED TO APPROVE V-93-003. PASSED 7-0. MORAN/BOGOSIAN MOVED APPROVAL OF SD-92-006 WITH THE FOLLOWING FOUR ADDITIONAL PROVISIONS: 1) INCORPORATION OF A 60-FOOT RIPARIAN HABITAT EASEMENT FROM THE CENTER OF WILDCAT CREEK FOR BOTH LOTS 1 AND 2. 2) APPROPRIATE TREE REPLACEMENT BE A CONDITION OF DESIGN REVIEW. 3) THE BUILDING ENVELOPE FOR LOT 2 BE ADJUSTED SO AS NOT TO ENCROACH INTO THE 60-FOOT RIPARIAN EASEMENT. • • Planning Commission Minutes Meeting of March 9, 1993 Page 11 4) A CONDITION SHALL BE INCORPORATED WHICH PRECLUDES THE CONSTRUCTION OF ANY SOLID FENCING IN THE RIPARIAN EASEMENT (ONLY AN OPEN, WIRE FENCE MAY BE ALLOWED TO SPAN THE ENTIRE LENGTH OF THE PROPERTIES). Commissioner Bogosian inquired whether the maker of the motion would accept an amendment to the motion which would require that the largest possible building envelope for Lot 1 be drawn in on the map. He explained that it would be unlikely that the new owners of Lot 1 would keep the existing house and therefore the envelope, if drawn on the map, would assure that anything built on the lot would not be within the easement. Commissioner Moran stated that she had reservations with this amendment because the Commission would be essentially approving the envelope without seeing it first. Commissioner Asfour indicated that he also had reservations about the suggested amendment as it would appear to encourage the removal of the existing house. The City Attorney advised the Commission that this issue may be better dealt with during the design review process. Chairperson Caldwell agreed with the City Attorney. The amendment was not added to the motion. THE MOTION PASSED 6-1 (COMMISSIONER JACOBS OPPOSED). The meeting was recessed at 9:45 p.m. and reconvened at 9:57 p.m. 4. SD-90-003.1 - Peninsula Townhomes Assoc., 12297 Saratoga- UP-90-003.1 - Sunnyvale Rd., request for aone-year exten- DR-90-034.1 - sion of an approved development which includes V-90-039.1 - Tentative Map approval to subdivide a 2.67 acre lot into one, two-acre multi-family parcel and two, .3 acre parcels for commercial use; Use Permit approval to allow a 26-unit multi-family residential development within a Commercial Visitor (C-V) zone district; Design Review approval for the entire project; and Variance approval to allow the two commercial structures to encroach into rear yard setbacks per Chapter 15 of the City Code. Planner Walgren presented the Report dated March 9, 1993. • • Planning Commission Minutes Meeting of March 9, 1993 Page 12 CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 9:58 P.M. Bill Whitner, General Partner, representing the owner/applicant, offered to answer any questions from the Commission. MORAN/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 9:58 P.M. PASSED 7-0. MORAN/JACOBS MOVED APPROVAL OF SD-90-003.1, UP-90-003.1, DR-90-034.1 AND V-90-039.1 PASSED 7-0. 5. DR-93-001 - Duran; 19231 Crisp Ave., request for Design Review approval to construct a new 5,426 sq. ft. one-story single-family residence per Chapter 15 of the City Code. The subject property is approximately 44,955 sq. ft. and is located within an R-1-40,000 zone district and is Lot #16 of the San Marcos Heights subdivision. -------------------------------------------------------------------------------------------------- P l a n n e r Walgren presented the Report dated March .3, 1993 and answered questions with regard to the application. Chairperson Caldwell stated that she had reviewed the City Council minutes and inquired whether or not a height limit had been placed on construction on this property. There was discussion among the staff and the Commissioners regarding whether or not a height limitation had been placed on this property. The City Attorney was asked to review the minutes for her interpretation. Councilmember Monia's presence in the audience was noted and it was suggested that he be consulted as to whether a height restriction exists. THE PUBLIC HEARING WAS OPENED AT 10:10 P.M. BY CHAIRPERSON CALDWELL. The Commission requested Councilmember Monia to address the question of whether or not a height restriction had been placed on the property. Councilmember Monia verified that a height limit of 18 feet had been placed on any construction on the property. He also answered questions from the Commission with regard to the height restriction. He indicated that the overall height of the structure was limited to 18 feet. • • Planning Commission Minutes Meeting of March 9, 1993 Page 13 Commissioner Moran questioned why the staff report had indicated that no height limitation existed. Planner Walgren explained that there may have been a misunderstanding of the motion at the time the staff report was written. Commissioner Bogosian suggested that the City Attorney review the records (minutes and tapes) of the meeting and verify the intent of the City Council motion. He suggested that there might have been a difference of opinion among the Council. Commissioner Asfour stated that his interpretation of the City Council minutes is that an 18 foot height restriction had been placed on this parcel. BOGOSIAN/ASFOUR MOVED TO CONTINUE DR-93-001 TO THE MARCH 24, 1993, PLANNING COMMISSION PUBLIC HEARING IN ORDER TO ALLOW STAFF TIME TO REVIEW THE RECORDS OF THE MEETING WHETHER A HEIGHT RESTRICTION EXISTS. Commissioner Moran supported continuation of the public hearing. Don Duran, property owner, 19231 Crisp Avenue, stated that he had purchased the property with the understanding that no height limitation existed. He supported the continuing the public hearing on the application so the matter could be resolved. THE MOTION PASSED 7-0. 6. DR-92-045 - Mace; 15195 EI Casino Grande, request for V-92-022 - Design Review approval to construct an 818 sq. ft. two-story addition and 362 sq. ft. of first floor area to an existing 3,951 sq. ft. two-story residence per Chapter 15 of the City Code. The request also involves Variance approval to allow the addition to be located 49 ft. from the rear property line where a 60 ft. rear yard setback is required. The subject property is 37,462 sq. ft. in area and is located within an R-1-40,000 zone district. -----------------------------------------------------------------------------------------------------Planner Walgren presented the Report dated March 9, 1993 and answered questions with regard to the application. CHAIRPERSON CALDWELL OPENED THE PUBLIC HEARING AT 10:23 P.M. Michael Lane, representing the applicant, spoke in favor of the application and offered to answer any questions. • • Planning Commission Minutes Meeting of March 9, 1993 Page 14 ASFOUR/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:26 P.M. PASSED 7-0. MORAN/BOGOSIAN MOVED TO APPROVE V-92-022. Both Commissioners Moran and Bogosian indicated they could make the findings to support the variance in light of it preservation of the existing vegetation. THE MOTION PASSED 7-0. MORAN/MURAKAMI MOVED TO APPROVE DR-92-045. PASSED 7-0. 7. V-92-019 - Brown, 14755 Oak St., request for Variance approval to allow a 527 sq. ft. addition to an existing 1,137 sq. ft. home to allow the existing garage, which currently encroaches into the street right-of- way, to be relocated per Chapter 15 of the City Code. The new construction will be located 1 ft. 4 in. from the rear property line where a 10 ft. rear yard setback is required, and at the Oak Street property line where a 15 ft. exterior side yard setback is required. The subject property is approximately 5,558 sq. ft. and is located within an R-1-10,000 zone district. ----------------------------------------------------------------------------------------------------------- Commissioners Bogosian and Wolfe indicated they had been notice of a conflict of interest with regard to this item and stepped down from the dias. Planner Walgren presented the Report dated March 9, 1993, and answered questions from the Commission. Planner Walgren noted the receipt of 5 letters from neighbors expressing support for the application. THE PUBLIC HEARING WAS OPENED AT 10:29 P.M. Scott Cunningham, project designer, representing the applicant, spoke in favor of the application. He discussed such issues as trees, setbacks, visibility, and the lot line adjustment. He also answered questions from the Commission with regard to the proposed project. Mrs. Brown, 14755 Oak Street, Applicant, spoke in favor of the application and explained the need for the requested variance. Mr. Persico,14761 Bohlman Road, expressed support for the proposed project. AT 10:37 P.M. MORAN/MURAKAMI MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. • • Planning Commission Minutes Meeting of March 9, 1993 Page 15 MORAN/MURAKAMI MOVED TO APPROVE V-92-019. Commissioner Asfour stated that he generally does not like to see variances, but feels that this variance if granted would better serve the interests of the residents and neighbors. THE MOTION PASSED 5-0. Commissioners Wolfe and Bogosian re-joined their fellow Commissioners at the dias. DIRECTOR'S ITEMS 1. Letter from Gerald A. May Planning Director Curtis provided background information regarding the problem existing between Mr. May and an adjacent business which leaves their back door open during business hours. Planning Director Curtis explained that Mr May had requested an opportunity to address the Planning Commission with regard to the problem. Planner Walgren explained that no masonry wall had been required between the condominium building (in which Mr. May resides) and the commercial building. Planner Walgren explained that the City had worked with both of the parities involved, but no agreement had been reached. Commissioner Bogosian inquired whether the Planning Commission was the appropriate body to hear and make a decision on this issue. The City Attorney explained that the Planning Director's authority in this matter is limited to making the decision of whether or not to require construction of a wall between the commercial building and the townhomes. Planning Director Curtis indicated that he was looking to the Planning Commission for direction on this issue and that their review and comments had been requested by Mr. May. He also explained that he has no authority to require the rear door to be kept closed, but that he could require the construction of an 8 foot wall between the 2 buildings. Planning Director Curtis answered questions from the Commission with regard to the existing situation, the City's attempt to mediate the situation, and etc. He indicated that the issue of the open rear door may be a civil matter between the two property owners. Chairperson Caldwell invited the parties to speak on the issue. Mr. May addressed the Commission and presented slides of the commercial building, and various views into the business from his living areas. He stated that there were also noise and odors which came from the business. He referred to a • Planning Commission Minutes Meeting of March 9, 1993 Page 16 letter written by Jerry Lohr, the developer, to the townhome owners which stated that the businesses were required to keep their back doors closed and were to be used only for emergency exit. He indicated that the construction of a wall between his building and the commercial building would be unacceptable and would not solve the problem. Sandy Sloan, 60 S. Market Street, San Jose, attorney representing business owner, stated that she had reviewed the file and found no requirement specifying that the back doors of the commercial building be used only for emergency exit. only. She stated that the business owners have not violated any City code and favored the construction of a wall between the two buildings. Commissioner Jacobs stated that he saw no reason for the business to leave the back door open all the time. He expressed his opposition for the construction of a wall. Commissioner Bogosian noted that there may be a ventilation problem. Commissioner Asfour stated that he felt the doors should be kept closed and does not support the construction of a wall. He referred to the letter from Jerry Lohr which stated that the doors are for emergency use only. Building Owner, stated that they bought the building in 1988 and have tried to work with the town homeowners. In response to the Commission's question, he indicated that the tenant was responsible for maintaining the ventilation system. Nancy Harold May, addressed the Commission and concurred with the comments made by Mr. May. She noted that she was here with the full support of the homeowners association. Commissioner Wolfe noted that Jerry Lohr may have never communicated to the new building owners the policy that the rear doors of the business be used only for emergencies. Chairperson Caldwell and Commissioner Murakami suggested that the ventilation system of the building be inspected to verify that it is operating in compliance with City standards. Planning Director Curtis thanked the Commission for their input. • Planning Commission Minutes Meeting of March 9, 1993 Page 17 COMMISSION ITEMS 1. DR-92-027, V-92-011 - Girand/McGregor; Saratoga Hills Rd. Planner Walgren explained the requested modification. The Commission reviewed and approved the modification. 2. Discussion of Construction Hours The Commission directed staff to forward to the City Council a recommendation that the City amend the Code with regard to Regulations of Weekend Construction Hours. There was a 5-2 vote in favor of the hours of construction on Saturdays and Sundays to begin at 8:30 a.m. (Commissioners Wolfe and Jacobs were opposed). COMMUNICATIONS Written 1. City Council minutes - 2/17/93 2. Public hearing notices of upcoming items on the 3/24/93 Planning Commission meeting. Oral City Council ADJOURNMENT At 11:38 p.m. the meeting was adjourned to 7:30 p.m. on March 24, 1993, in the Civic Theater, 13777 Fruitvale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk