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HomeMy WebLinkAbout03-24-1993 Planning Commission minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES March 24, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order at 7:30 p.m. by Acting Chairperson Bogosian. ROLL CALL Present: Acting Chairperson Bogosian, Commissioners Murakami, Moran, Jacobs, Wolfe, and Asfour Absent: Caldwell PLEDGE OF ALLEGIANCE MINUTES Minutes of March 9, 1993. Commissioner Asfour had the following correction: Page 11, the paragraph beginning with "Commissioner Asfour...", should read as follows: "Commissioner Asfour indicated that he also had reservations about the suggested amendment as it would appear to encourage the removal of the existing house." Chairperson Bogosian had the following corrections: Page 7, 1st paragraph, the following should be added to the end of the paragraph: "She also noted that a defoliant or spray similar to a defoliant had been sprayed around the creek area." Page 13, 3rd paragraph, the following sentence should be added at the end of the paragraph: "He suggested that there might have been a difference of opinion among the Council". Page 15, 4th paragraph, should be reconstructed in order to clarify the limitations of the Planning Director's authority with regard to the matter. The new paragraph should read as follows: "The City Attorney explained that the Planning Director's authority in this matter is limited to making the decision of whether or not to required construction of a wall between the commercial buildiny and the townhomes." 1 s ~ Planning Commission Minutes Meeting of March 24, 1993 M R A F R M V AP R VA E I TE F MA H 9, 993, A CORRECTED (ABOVE). PASSED 6-0. ORAL COMMUNICATIONS None REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 19, 1993. TECHNICAL CORRECTIONS TO PACKET Planner Walgren noted the following technical correction: Item #4, Page 124, a-c, the words "detached garage" should be stricken and replaced with the words "cabana pavilion". PUBLIC HEARINGS Chairperson Bogosian suggested that Item #3, SD-92-008; Sisters of Mercy, be moved to the first item of discussion under the Public Hearing section so the Commission could discuss the possibility of continuing the item per the request of a number of the neighbors. He stated that the neighbors had indicated that there had not been sufficient time for them to review the plans, formulate opinions, and present their comments to the Commission. Chairperson Bogosian inquired if a continuance of the item would be agreeable to the other Commissioners. Commissioner Moran stated that very rarely does the Commission have such a large number of neighbors requesting that an item be continued to allow them additional time for review of the proposal. She indicated her support for continuing the item to the April 14th public hearing. Gary Coates, Soquel, Ca., representing the applicant, stated that the applicants are agreeable to the continuance of the item in order to accommodate the requests of the neighbors. The item was moved up on the agenda. 2 • • Planning Commission Minutes Meeting of March 24, 1993 3. SD-92-008 - Sisters of Mercy; 19855 Douglass Ln., request for Tentative Map approval to subdivide a level 10.8 acre parcel, developed with a two-story residential retreat, into eight single-family residential building sites ranging from 40,000 to 60,000 sq. ft. in size. The subject property abuts the Wildcat Creek to the west, residential parcels to the north, Taos Drive to the east and Douglass Lane to the south, and is located within an R-1-40,000 zoning district. Five of the proposed building sites would be accessed via a cul-de-sac off Taos Drive. An environmental Negative Declaration has been prepared for Planning Commission consideration. ----------------------------------------------------------------------------------------------------------- MORAN/JACOBS MOVED TO CONTINUE SD-92-008 TO THE PUBLIC HEARING OF APRIL 14, 1993, IN ORDER TO ALLOW TIME FOR THE NEIGHBORS AND INTERESTED PARTIES TO REVIEW THE PLANS. In response to Chairperson Bogosian's inquiry, Planning Director Curtis explained that since the public hearing on the item had not been opened, the Commission could continue the item and open the public hearing at the specified public hearing date. He also explained that re-noticing of the public hearing would not be necessary. John Taylor, 19931 Durham Court, indicated that the public hearing notice from the City was the first notice he had received regarding the project. He stated that there had been no previous indication (to him) that the land was undergoing consideration for subdivision and development. He stated he had not received notice of any previous meetings on the subject. He noted that he had submitted a letter to staff requesting that the item be continued. He requested that the continuance be for a period longer than two weeks and indicated that two weeks would not give him ample time to review the proposal. Commissioner Moran stated that continuance of the application to the April 14th Planning Commission meeting would give the neighbors three weeks to review the plans. She stated that she felt this would be ample time for review. Commissioner Jacobs (seconder of the motion) expressed his agreement with Commissioner Moran's comments. THE MOTION PASSED 6-0. 3 • • Planning Commission Minutes Meeting of March 24, 1993 1. 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 (cont. from 3/9/93 to allow staff to investigate and clarify the City Council's commitment to the abutting property owner restricting development on this parcel; application expires 8/19/93). -------------------------------------------------------------------------------------------------- Planning Director Curtis presented the Report dated March 19, 1993 to the Planning Commission. He discussed the research conducted by the staff with regard to the issue of whether a height limitation had been placed on the subject lot by the City Council. He further explained that after researching the actions of the City Council, staff hold the opinion that the intent of the City Council's direction, which was to protect the Swanson property views from negative impact due to development of Lot 16, has been met. Commissioner Asfour inquired whether the suggestion from the City Council with regard to placing a height restriction on the subject lot is binding to the Planning Commission. City Attorney Riback indicated that the suggestion of a height limitation from the Council was a recommendation rather than a direction. Commissioner Moran questioned whether such limitations which are placed on particular parcels during the subdivision phase are documented and placed in the file on the property for potential buyers and developers to review. City Attorney Riback indicated that any actions taken on a piece of land should be placed in the file. Planner Walgren indicated that the minutes and the letter from Mr. Swanson had been included in the subdivision file. He stated that staff and potential buyers were made aware of the minutes and records of the Council's actions, but it was the interpretation of these actions which had been in question. Commissioner Moran inquired whether staff had analyzed and taken into consideration preservation of the view in conjunction with their recommendation to approve this application. Planner Walgren indicated that staff had visited the site and had given consideration to preservation of the view. 4 • Planning Commission Minutes Meeting of March 24, 1993 r~ AT 7:55 P.M. ACTING CHAIRPERSON BOGOSIAN OPENED THE PUBLIC HEARING. Virginia Fanelli, representing the applicant, spoke in favor of the application. She explained that her notes on the actions taken by the City Council concurred with staff's recollection of the actions. She stated that no specified height limitation in footage had been approved by the City Council. She stated that the only restriction that had been placed on structures on Lot 16 was aone-story height restriction. She also explained design features of the proposed house. She used transparencies to illustrate how the house had been designed and sited on the property in a way which would minimize any potential impacts to the views from the Swanson property. She noted that the proposed development would not unreasonably interfere with the views and privacy of the neighbors. She also submitted a letter of support from Kathy Epes of 19205 Crisp Avenue and answered questions from the Commission. Bob Swanson, 19305 Crisp Avenue, stated that he felt that the minutes of the City Council actions clearly reflect that aone-story, 18-foot, height limitation had been placed on the subject property. He explained that after the subdivision approval, he had been told by the Planning Director that he could review the grading plans. He reported that he later found out that the grading plans had already been approved and he had missed his chance to preview the plans. He stated that Lots 15 and 16 had been built up. He explained that he had then asked the City Council to place a height limitation on the parcel and, in his opinion, the Council had done so. He explained that he did not mention the 18-foot height limit in his letter because he understood that a one-story structure was limited to 18-feet in height. He stated that he thought the Council's direction regarding the height limit would serve to eliminate a situation of disputing the height of the proposed house. Mr Swanson explained that he had picked and purchased his lot because of the views from the property. He stated that the proposed construction would impact the views from his home and its massive roof lines would be visible from his property. He stated that the view from his living room which he considers to be the most valuable to him, would be the view that would be most affected. He stated his opinion that the City Council had given direction, not guidance, to limit the height of the house. Mr. Swanson also answered questions from the Commission. Virginia Fanelli, representing the applicant, stated that the applicants had designed and proposed a house that would not significantly impact the views and the properties in the vicinity. MORAN/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 8:20 P.M. THE MOTION PASSED 6-0. 5 • • Planning Commission Minutes Meeting of March 24, 1993 Commissioner Wolfe expressed his appreciation for the research conducted by all the parties involved. He stated that he does not feel that the proposed house will significantly impact the views from the Swanson property and would therefore be supporting the application. Commissioner Asfour stated that he also does not feel that the proposed structure would significantly impact the neighboring property, especially since it meets the spirit of the height restriction used on the lower pad, and would support the application. Commissioner Jacobs stated that he philosophically agrees with his fellow Commissioners Wolfe and Asfour, but would not support the application because of his interpretation of the City Council action. He stated that the applicant could seek an appeal or a modification to the subdivision conditions of approval. Commissioner Moran stated that she feels that the City Council was concerned with preserving the view and had therefore suggested that the Planning Commission carefully review any application to develop this parcel to ensure that unreasonable interference with the view would be avoided. She stated that she feels that the project will not unreasonably impact the view and she could support the application. ASFOUR/MURAKAMI MOVED TO APPROVE 93-001 AS PROPOSED. Acting Chairperson Bogosian stated that he had visited the site and feels that the application meets the design review findings. He stated that he is uncomfortable with such situations in which the Planning Commission is unsure of the actions taken by the City Council on applications. He stated that the staff and City Council should work to ensure that there is clear communication of the City Council actions. THE MOTION PASSED 5-1 (COMMISSIONER JACOBS OPPOSED). 2. UP-92-013 - McDonald/Flamme; 13173 Heath St., request for Use Permit approval to allow the construction of a 13 ft. tall, 594 sq. ft. detached garage within the rear yard setback. The garage will be located 3 ft. from the side property line and 3 ft. from the rear property line. The subject property is approximately 10,000 sq. ft. and is located within an R-1-10,000 zone district. -----------------------------------------------------------------------------------------------------------Planne r Walgren presented the Report dated March 24, 1993, and answered questions from the Commission. 6 • • Planning Commission Minutes Meeting of March 24, 1993 ACTING CHAIRPERSON BOGOSIAN OPENED THE PUBLIC HEARING AT 8:34 P.M. Ms. Flamme, applicant, offered to answer any questions from the Commission with regard to the application. Since no one else wanted to speak MORAN/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 8:35 P.M. THE MOTION PASSED 6-0. MORAN/ASFOUR MOVED TO APPROVE UP-92-013 AS RECOMMENDED PER THE STAFF REPORT. Commissioner Jacobs stated that he is not in agreement with violating the required setbacks for the purpose of saving unprotected trees and then allowing the tree preservation to be used as an excuse to enlarge the structure. He spoke in favor of maintaining the setback requirement in order to protect the neighbors. Acting Chairperson Bogosian explained that the application involves an accessory which requires the granting of a use permit opposed to a requirement for a variance in which a different set of findings must be made. Staff confirmed Acting Chairperson Bogosian's statement. Commissioner Moran inquired about the percentage of homes in that particular neighborhood that have similar garage placements which do not conform to the zoning regulations. Planner Walgren indicated that he was unsure of the specific number of properties which had similar garage placement, but noted that such situations are very common. He stated that precedence had been set by previous Planning Commission approval for similar application for which placement of accessory structures are in the back of the property and closer to the property line. Commissioner Jacobs reiterated his concern as stated above. He noted that this pattern of allowing the setback regulations to be deviated from for the purpose of saving an unprotected tree should not become a continuing pattern since many structures outlast the tree. Commissioner Moran stated that Commissioner Jacobs point has merit. There was brief discussion among the Commission regarding this issue. THE MOTION PASSED 6-0. 7 • • Planning Commission Minutes Meeting of March 24, 1993 The meeting was recessed at 8:43 p.m. and then reconvened at 8:55 p.m. Acting Chairperson Bogosian announced that Item #3 -Sisters of Mercy had been continued earlier in the evening to the April 14, 1993 Planning Commission Meeting. 4. DR-92-038 - Morrison; 19590 Juna Ct., request for Use UP-92- 011 -Permit approval to construct a 368 sq. ft. cabana located 12 ft. from the rear property line where 50 ft. is required. A sauna, several arbors and hardscape surfaces will also be located within the required rear yard setback. The request will also involve Design Review approval to allow the total square footage of all structures on the site to exceed 6,000 sq. ft. per Chapter 15 of the City Code. The parcel is approximately 46,707 sq. ft, and is located within an R-1-40,000 zone district. Planning Director Curtis presented the Report dated March 24, 1993. ACTING CHAIRPERSON BOGOSIAN OPENED THE PUBLIC HEARING AT 8:58 P.M. Dave Morrison, 19590 Juna Court, applicant, explained the proposed project and spoke in favor of the application. He also addressed such issues as lot size, the location of the proposed cabana and sewer connections. Mr. Morrison also answered questions from the Commission with regard to the project. Albert and Ann Lorincz, property owners of the adjacent lot, stated that they are not in opposition to the proposed cabana, but feel that its proposed location would be detrimental to the view from the living room of the house which they hope to build in the future. They explained that their house plans had been modified and re-sited per Mr. Morrison's suggestion. They also expressed concern regarding the amount of impervious coverage on the Morrison property and questioned the location of the sewer. Mr. and Mrs. Lorincz answered questions from the Commission. Acting Chairperson Bogosian inquired about the development stage of the Lawrence's home. Planner Walgren indicated that the Lorinczs' had applied and received design approval some time ago, but the approval has since expired. He explained that Mr. and Mrs Lorincz would now have to reapply for design approval and building permits before any construction could commence on their property. s • • Planning Commission Minutes Meeting of March 24, 1993 City Attorney Riback concurred with the explanation offered by Planner Walgren with regard to the status of the Lorincz plans. Hal Lemons, project architect, spoke in favor of the application and explained that the cabana had been strategically placed to tie in with the pool, the pathway and the waterfall. He also answered questions from the Commission with regard to the materials to be used in the construction of the cabana. Mr. Morrison re-addressed the Commission and explained that the cabana is proposed on the westerly side of his property and should not impact any building plans of the Lorinczs'. Mr. Morrison explained that he had objected to the Lorincz's proposed plans because he wanted to protect his pool privacy and make certain that the pool could not be viewed from the Lorincz's house. He also noted that there were potential problems with the Lorincz's plans with regard to the location of the home's leachfield. Mrs. Lorincz re-addressed the Commission and stated that she and her husband were unaware, at the time of their design review, of the problems presented by the location of the leachfield. She stated that they were forced to relocated their house because of Mr. Morrison's objection. She also stated that the revised house plans allow a view into Mr. Morrison's pool area. ASFOUR/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 9:20 P.M. PASSED 6-0. Commissioner Jacobs stated that he was troubled by the plan which was proposed. He stated that no alternative location for the cabana had been proposed. He noted that the cabana could be relocated in the area noted on the plans as "lawn". He expressed understanding for the neighbors concern with the view of the cabana from their property and stated that some compromise should be reached which would satisfy both parties. Commissioner Asfour pointed out that the applicant was not required to submit any alternatives and that his proposal should be reviewed. Commissioner Murakami inquired whether Mr. and Mrs. Lorincz could submit plans with a different orientation of their new house. Planner Walgren indicated that they could indeed make a new application with the house orientated differently on the lot, but the proposed house would need to meet the current standards. Planner Walgren noted that it sounds as if the difficulty the Lorinczs' are experiencing have to do with connecting to the sewer. Planner Walgren also answered questions with regard to the sewer issue. 9 • • Planning Commission Minutes Meeting of March 24, 1993 e City Attorney Riback noted that it was his understanding, as Planner Walgren had mentioned, that prior to any development of the Lorinczs' lot, requirements as set forth by the Santa Clara County Environmental Health Department, with regard to sewer hook ups and the location of the leachfield, must be met. ASFOUR/WOLFE MOVED TO APPROVE DR-92-038. City Attorney Riback suggested that the Commission vote on the use permit application first. ASFOUR/WOLFE WITHDREW THEIR MOTION. ASFOUR/WOLFE MOVED TO APPROVE UP-92-011. Commissioner Jacobs stated that he was opposed to the proposed location for the reasons he had previously stated. He suggested that as a compromise for allowing Mr. Morrison to locate the cabana as proposed, he (Mr. Morrison) should permit the Lorinczs' to re-site their future house as they had originally proposed. Acting Chairperson Bogosian stated that he could support the application and noted that the Lorinczs' have a clean slate to work with and many option with regard to placement of their future home. Commissioner Moran stated that it is her hope that Mr. Morrison would allow Mr. and Mrs. Lorincz to place their home on their property as they would like and that everyone's privacy could be protected. Commissioner Asfour pointed out that even though some of the Commissioners had indicated their desire for Mr. Morrison to work out a compromise with the Lorinczs with regard to the placement of their future home, there was really no binding assurance that the Commission could make which would ensure that Mr. Morrison would not object to the Lorincz's plans at the time of their design review. THE MOTION PASSED 4-2 (COMMISSIONERS MURAKAMI AND JACOBS OPPOSED). ASFOUR/WOLFE MOVED TO APPROVE DR-92-038. THE MOTION PASSED 6-0. 5. DR-90-066.1 - Tyson; 15395 Kittridge Rd., request for aone- V-91-003.1 -year extension of time for a Design Review approval to construct a new 4,267 sq. ft. two-story residence. The request also includes extension of a Variance approval to allow the home to be constructed on a pad within an average slope in excess of 30% io • • Planning Commission Minutes Meeting of March 24, 1993 (46%) per Chapter 15 of the City Code. The parcel is approximately 1.02 acres and is located within an R-1-40,000 zone district. Planner Walgren presented the Report dated March 24, 1993. Commissioner Murakami explained that he had been noticed of a conflict of interest with regard to the application and stepped down from the dias. In response to Acting Chairperson Bogosiari's question, Planner Walgren stated that staff had not detected any landslide activity on the site. ACTING CHAIRPERSON BOGOSIAN OPENED THE PUBLIC HEARING AT 9:35 P.M. Leonard Tyson, applicant, spoke in favor of the application extension request. He explained that the project had been held up by the difficult process of securing financing. MORAN/JACOBS MOVED TO CLOSE THE PUBLIC HEARING AT 9:36 P.M. PASSED 5-0. MORAN/JACOBS MOVED TO APPROVE DR-90-066.1 AND V-91-003.1. THE MOTION PASSED 5-0. 6. SD-90-007.1 - Ajluni; 13850 Ravenwood Dr., request to DR-92-039.1 - modify conditions of Tentative Map approval in order to add 144 sq. ft. of floor area to a previously approved 3,499 sq. ft. residence where 3,500 sq. ft. is the maximum permitted, and to widen the .driveway to 22 ft. where 18 ft. is the maximum allowed. The applicant is also requesting to modify a Design Review condition of approval to require only partial perimeter fencing. The subject property is 19,279 sq. ft. and is located within an R-1-10,000 zone district. -------------------------------------------------------------- Planner Walgren presented the Report dated March 24, 1993 and answered questions from the Commission with regard to the application. There was discussion regarding the condition restricting the size of the home. It was determined that the condition limiting the home to 3,499 square feet would expire in two years at which time the applicant could pursue a building permit to add the additional square footage that is now requested as part of this application. 1~ • • Planning Commission Minutes Meeting of March 24, 1993 THE PUBLIC HEARING WAS OPENED AT 9:42 P.M BY ACTING CHAIRPERSON BOGOSIAN. Andy Ajluni, applicant, spoke in favor of the application. He explained that the proposed modifications to the design would allow for fewer roof cuts which would result in a more aesthetically pleasing design. He stated that the neighbors had no objections to these modification. Mr. Ajluni explained that he would like to widen the driveway in order to allow two cars to be parked side by side on the driveway. He also answered questions from the Commission with regard to the application. Matthew Durkett, Raven Court, noted that there are two distinct neighborhoods in the vicinity. He stated that he objects to the widening of the driveway because the subject property is right next door to a property which already has a very wide driveway. He explained that the two wide driveways would give an appearance of an overwhelming amount of pavement. He spoke in opposition to the request to add additional square footage to the house. Mr. Durkett explained that at the time of the original design review application, the neighbors had expressed their preference for limiting the size of the house. He stated that as it was, the size limit of 3,499 square feet was a compromise. He claimed that the house would be incompatible with the surrounding homes if it was increased in size. In response to Commissioner Bogosian's question, Mr. Durkett explained that the neighborhood consisted of primarily ranch style homes with ample lawns and minimal amounts of pavement. Andy Ajluni, applicant, explained that with the increase of the driveway width there would still be a 10-foot-wide landscape strip between his driveway and his neighbors driveway. He also noted that by right he could come back at a later date and add the additional square footage on the his home, but it would be more economical for him to add the extra square footage now during the original construction of the house. ASFOUR/MORAN MOVED TO CLOSE THE PUBLIC HEARING AT 10:02 P.M. PASSED 6-0. Commissioner Jacobs stated that he was initially inclined to agree with staff's recommendation to deny the request for the additional square footage, but after learning that the condition will expire in two years he supports approval of the additional footage. He stated that he had no problem with the fence request, but was concerned with the request to widen the driveway. Commissioner Murakami stated that he could support the application including the request for additional square footage. Commissioner Asfour stated that he could support the application as requested. 12 • • Planning Commission Minutes Meeting of March 24, 1993 Commissioner Moran expressed her support for approval of a 20-foot-wide driveway, approval of the fence request and denial of the request for the additional floor area. Commissioner Wolfe stated that he could support the application as requested. Acting Chairperson stated that he could support approval of a 20-foot wide driveway, approval of the fence request, but could not support the request for additional floor area. He stated that the size limitation placed on the house was to preserve the quality of the neighborhood. He stated that the addition may be visible from the back and the sides and may cause the house to be incompatible with the surrounding homes. He stated that he would be very uncomfortable with approving the additional square footage. MORAN/MURAKAMI MOVED TO APPROVE DR-92-0039.1 THE MODIFICATION REQUEST WITH REGARD ONLY TO THE FENCE. PASSED 6-0. MORAN/BOGOSIAN MOVED TO APPROVE SD-90-007 SUBJECT TO THE STAFF RECOMMENDATION WITH THE ADDITIONAL CHANGE THAT THE DRIVEWAY BE LIMITED TO 20-FEET WIDE. Commissioner Asfour stated that he could support only part of the motion -particularly the part with regard to the driveway. He expressed his opposition to denying the request for additional square footage. He inquired about the correct action for him to take with regard to the motion. City Attorney Riback suggested that the issue of the driveway be separated out from the motion and be acted on in a separate motion. The Commission agreed to handle the two issues through separate motions and Commissioner Moran and Acting Chairperson Bogosian withdrew their motion. Planning Director Curtis suggested that the Commission consider requiring the applicant to add the additional 2-feet of pavement to the north side of the driveway in order to maximize the separation between the applicant's drive way and his neighbor's driveway. Andy Ajluni, applicant, indicated that he would prefer equal distribution of the 2-feet (in total) on both sides of the driveway. JACOBS/MORAN MOVED TO APPROVE A 20-FOOT WIDE DRIVEWAY WITH THE PROVISION THAT THE ADDITIONAL 2 FEET BE EITHER EQUALLY DISTRIBUTED ON EITHER SIDE OF THE DRIVEWAY (1 FOOT ON THE NORTH SIDE AND ONE 13 • • Planning Commission Minutes Meeting of March 24, 1993 FOOT ON THE SOUTH SIDE) OR THE 2 FEET IN TOTAL BE PLACED ON THE NORTH SIDE. THE MOTION PASSED 6-0. JACOBS/WOLFE MOVED TO APPROVE SD-90-007.1 (THE REQUEST TO ADD AN ADDITIONAL 144 SQUARE FEET). Acting Chairperson Bogosian stated that he was very uncomfortable with this modification and would be supporting staff's recommendation to deny this request. Commissioner Moran concurred with the comments made by Acting Chairperson Bogosian. She expressed appreciation to the staff for their continued attention to the size issue on this project. She stated that house size limits were established in the tentative map by the Planning Commission and by the City Council in order to make the new houses compatible with the neighborhood of smaller houses. She explained that compatibility is an important policy goal and therefore, the request to exceed the size limit should be denied. Commissioner Jacobs noted that because of the fact that the condition limiting the size will expire in two years the request for the additional floor area is not unreasonable. Commissioner Asfour concurred with Commissioner Jacob's comments. THE MOTION PASSED 4-2 (ACTING CHAIRPERSON BOGOSIAN AND COMMISSIONER MORAN OPPOSED). DIRECTOR'S ITEMS DR-88-057; Lin, 12532 Parker Ranch Ct. Review of amended house color Planner Walgren reported on issue of the existing exterior house color and explained that the house had been painted a color which did not match the approved color. He submitted a color board and pictures of the house for the Commission's review. There was discussion among the Commissioners, staff and City Attorney Riback with regard to the various options the Commission had with regard to this issue. City Attorney Riback explained that conditions which would carry with the land could be place on such future projects. He explained that the Planning Commission could legally require the applicant to repaint the house with to match the approved color. However, he explained, the applicant could possibly hold the City financially liable for the expenses incurred by repainting the house. 14 • • Planning Commission Minutes Meeting of March 24, 1993 The Commission agreed that the it would be an unreasonable burden on the homeowner to repaint the house and therefore the house could remain as it is. The Commission stressed that cautions be taken in the future to avoid such similar situations. 2. Hillside field trip with City Council -Planning Director Curtis indicated that a May date would be set for this event. 3. Discuss agenda items for Joint Worksession with City Council on 4/13/93 Planning Director Curtis stated that the issue of Non-conforming Uses and the Status Report on the Paul Mason Specific Plan would be a part of the meeting agenda. He announced that he had received two requests from applicants wishing to place the Land Use Concepts for the Paul Mason Specific Plan and Discussion of the Mountain Winery Land Use on this agenda. Discussion commenced on the appropriateness of discussing these issues without public notification. It was the consensus of the Commission that these two items not be placed on the agenda. Planning Director Curtis asked that the Commissioners submit suggestions for other agenda items for this meeting to him by Friday. Planning Director Curtis stated that the Election of Officers should be conducted at the next Planning Commission meeting immediately following Roll Call. Acting Chairperson Bogosian and Commissioner Jacobs indicated that they may be absent for that meeting. COMMISSION ITEMS Commissioner Asfour indicated that he may be absent from the worksession of April 6, 1993. SD-92-006; Bochenek, 14350 Douglass Ln. Review of recorded easement Planner Walgren presented the riparian easement for this project for the Commission's review. The Commission reviewed and accepted the easement. Commissioner Bogosian announced that the Housing Element would be discussed at the April 6th study session. 15 • s Planning Commission Minutes Meeting of March 24, 1993 Commissioner Moran requested that the City Council discuss with the Planning Commission budget impacts on the Planning Commission, Planning staff and the issue of the presence of the City Attorney at Planning Commission meetings. Commissioner Moran inquired about the length of time the Planning Commission tapes are kept. City Attorney Riback explained that the tapes are required by law to be kept for one year and that the minutes serve as the official record of actions taken at Planning Commission and City Council meetings. COMMUNICATIONS Written 1. City Council Minutes - 2/23 & 3/3/93 Oral City Council ADJOURNMENT At 10:50 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 16