Loading...
HomeMy WebLinkAbout05-12-1993 Planning Commission minutes' -•,, CITY OF SARATOGA PLANNING COMMISSION MINUTES May 12, 1993 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting The meeting was called to order at 7:32 p.m. by Chairperson Moran. ROLL CALL Present: Chairperson Moran, Commissioners Caldwell, Jacobs, Wolfe, and Asfour Absent: Commissioner Murakami Chairperson Moran noted the absence of the City Attorney per staff's recommendation and with her (Chairperson Moran's) agreement. It had been determined that the meeting agenda did not warrant the attorney's attendance. PLEDGE OF ALLEGIANCE ELECTION OF VICE CHAIRPERSON Commissioner Caldwell nominated Commissioner Asfour as Vice Chairperson. The nomination was seconded by Commissioner Wolfe. There were no other nominations for Vice Chairperson. Commissioner Asfour was unanimously elected Vice Chairperson with a 5-0 vote. Commissioner Asfour accepted the position of Vice Chairperson of the Planning Commission. ORAL COMMUNICATIONS There were no oral communications. MINUTES Minutes of April 28, 1993. Commissioner Asfour had the following corrections: Page 1, under the heading "ROLL CALL" , "Chairperson Caldwell" should be replaced with "Chairperson Moran" and "Caldwell" should be add to the list of Commissioners present at the April 28th meeting. •~ • • Planning Commission Minutes Meeting of May 12, 1993 Page 2 Page 7, paragraph immediately following the 1st motion, the last words "exiting second living unit" should be deleted and replaced with "existing main house." Commissioner Caldwell had the following corrections: Page 6, paragraph immediately preceding the motion should read: "Commissioner Asfour asked if the existing one-car garage had been inspected for the purpose of determining whether it was useable as a garage. Commissioner Asfour explained that when he had visited the site, it appeared as if the garage was not being used as a garage, but was being used as a storage structure. Planning Assistant Kermoyan stated that he had inspected the garage and had determined that the structure was useable as a garage." (Commissioner Asfour agreed with this correction and added the 2nd sentence [above).) Page 10, 1st full paragraph, second line, the words "and Commissioner Jacobs" should be added after "Chairperson Moran". Page 12, Commissioner Caldwell inquired whether there was a response to the request made in the second to the last paragraph where Chairperson Moran had suggested that the neighbors of the San Jose Water Company be noticed of the upcoming work. Planning Director Curtis indicated that there had been a reply to the request and the following wording should be added immediately prior to the last paragraph: "Planning Director Curtis indicated that he would contact the executive director of the water company to direct him to do a specific notification of the neighbors of the water company." (Planning Director Curtis noted, for the information of the Commission, that an extensive article on the upcoming work at the facility had appeared in a recent issue of the Saratoga News. Page 14, 5th paragraph from the bottom, last sentence should read "Thus, the house would be more visible if it were painted a lighter color." CALDWELL/ASFOUR MOVED APPROVAL OF THE MINUTES OF APRIL 28, 1993, AS CORRECTED (ABOVE). PASSED 5-0. ORAL COMMUNICATIONS None • • Planning Commission Minutes Meeting of May 12, 1993 Page 3 REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 7, 1993. TECHNICAL CORRECTIONS TO PACKET There were no technical corrections to the packet. PUBLIC HEARING CONSENT CALENDAR 1. LL-93-001 - Brown/Smith; 14755 & 14739 Oak Street, request for lot line adjustment approval to transfer 106 sq. ft. from parcel 517-08-019 to parcel 517-08-020 per Chapter 14 of the City Code. The parcels are located within an R-1-10,000 zone district. Commissioner Caldwell removed Item #1 from the Consent Calendar. Planner Walgren presented the Report dated May 12, 1993. Commissioner Caldwell inquired about the figures that appear on Page 3 of the staff report under the section titled "Total Floor Area". She stated that with regard to Parcel 19, it was confusing as to how Lot 19 ended up increasing in allowable floor area after a net decrease in the parcel size. She asked if this was an error in the staff report. Planner Walgren stated that the figures to which Commissioner Caldwell referred could not be correct. He stated that the 3,880 s.f. may be correct but the 1,200 s.f. may reflect the existing house size not the allowable floor area. He noted that the house is well under the allowable for the size of the parcel. Commissioner Caldwell also inquired about Paragraph 2 on Page 5 of the Resolution. She suggested that the following language be added at the end of this paragraph: "in that the lot line adjustment will decrease the non-conformity of one lot and will not alter the conformity of the second lot; and" Commissioner Caldwell explained that she felt that it is important to add this language to clarify that the lot line adjustment would not result in two totally conforming lots, but that it would reduce the nonconformity of one of the lots. • • Planning Commission Minutes Meeting of May 12, 1993 Page 4 Chairperson Moran asked if anyone else would like to speak on this application. No one came forward. CALDWELL/ASFOUR MOVED TO APPROVE LL-93-001 WITH THE AMENDMENT AS STATED ABOVE. THE MOTION PASSED 5-0. PUBLIC HEARINGS 2. DR-93-010 - Mangalick; 12846 Star Ridge Ct., request for Design Review approval to construct a second story deck which exceeds the allowable 5 ft. underfloor clearance by 3 ft. per Chapter 15 of the City Code. The parcel is approximately 52,200 sq. ft. and is located within the Hillside Residential (HR) zone district. Planner Walgren presented the Report dated May 12, 1993. He noted that letters had been received from Ronnie and Bernard Lacroute and Ingrid Sywak. With regard to Ms. Sywak's letter, he explained that the letter stated she is not opposed to the construction of the deck, but requests that the applicants be required to clean up stored construction materials, paint the stucco near the side door area, and grade and clear up the weeds existing on the slope towards Diamond Oaks Court. Planner Walgren explained that the Lacroutes' letter also stated that they do not oppose the deck construction, but would like the applicant to clear up the weeds. Planner Walgren stated that with regard to the weed abatement, staff has forwarded this concern to the Community Service Department which has a weed abatement program and will be looking into the issue. With regard to the storage of construction materials on the site, Planner Walgren explained that this is not prohibited as long as the materials are out of the required 30-foot front yard setback. He stated he did not see, when he visited the site, any materials stored within the 30-feet, but, staff would look into the issue. Planner Walgren explained that the issues raised in the letters are enforcement issues and are really unrelated to the application. He also answered questions from the Commission with regard to the issues raised. Commissioner Caldwell inquired whether staff would have any geologic concerns or concern for mobilization of the site soils if the Commission required installation of additional landscaping and appropriate irrigation along the elevation of the deck. • • Planning Commission Minutes Meeting of May 12, 1993 Page 5 Planner Walgren stated that the planting of two or three trees and the installation of a drip irrigation system would not trigger ageologic/site mobilization concern from staff. Commissioner Asfour proposed that a condition requiring additional landscaping and appropriate irrigation be added when the Commission gets to the point of making a motion. Chairperson Moran asked staff what size trees, in their opinion, would be appropriate in order to soften the elevation and lessen the appearance of mass. Planner Walgren indicated that a minimum 24-inch box trees would suffice. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING AT 7:48 P.M. There was no one wishing to speak. WOLFE/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 7:48 P.M. PASSED 5-0. WOLFE/ASFOUR MOVED TO APPROVE DR-93-010 WITH THE ADDED CONDITION THAT AT LEAST TWO 24-INCH BOX TREES, TO BE APPROVED BY STAFF, BE ADDED TO THE SITE BELOW THE DECK. WITH ACCEPTANCE FROM THE MAKER OF THE MOTION, COMMISSIONER ASFOUR MADE THE FOLLOWING ADJUSTMENT TO THE MOTION: "THE TREES SHALL BE PLANTED TOWARDS THE SIDE OF THE DECK WHICH HAS THE HIGHEST ELEVATION." Commissioner Jacobs requested some clarification with regard to what was meant by the "side of the deck with the highest elevation". He asked if this meant the area between the deck and the ground. Commissioner Asfour indicated that this (the area between the deck and the ground) was correct. COMMISSIONER ASFOUR AMENDED HIS ADJUSTMENT TO THE MOTION AS FOLLOWS: "THE TREES SHALL BE PLANTED IN THE AREA ALONG THE DECK WHERE THE LARGEST GAP BETWEEN THE DECK AND THE GROUND EXISTS." Commissioner Caldwell inquired whether requiring a third tree which would enable the plantings to span the length of the deck would more effectively address the concerns of the Commission. • • Planning Commission Minutes Meeting of May 12, 1993 Page 6 Commissioner Asfour explained that if the deck was viewed from the up-side of the slope, where the corner of the deck meets (the grade), he did not feel that the deck wall would appear massive because the wall would be covered. He stated that he would like to leave the option of planting an additional tree (if needed) up to the discretion of the City Arborist or staff. Commissioner Asfour explained, in response to Commissioner Caldwell's inquiry, that he had intended for the trees to be drought tolerant. Chairperson Moran suggested that staff be directed to check the site in 1 year to verify that the trees that have been planted as a requirement of this application are still in good health. Commissioner Caldwell noted that the staff report indicates that the material to be used in the construction of the deck is natural redwood. She and Chairperson Moran noted that the use of natural redwood is not specified in the resolution. Commissioner Caldwell stated that a condition should be added requiring the deck to be natural redwood, if redwood was the Commission's preference. She stated that she thought a natural redwood deck would blend better with the natural topography than a painted deck. Planner Walgren stated that a condition could be added to the resolution if this was the preference of the Commission. Commissioner Asfour indicated that he preferred natural redwood. COMMISSIONER JACOBS/CALDWELL MOVED TO AMEND THE MOTION TO INCLUDE A CONDITION REQUIRING THAT THE DECK BE CONSTRUCTED OF NATURAL REDWOOD. THE AMENDMENT WAS ACCEPTED BY THE MAKER /SECONDER OF THE MOTION. Per Chairperson Moran's request, Planning Director Curtis reviewed the motion as follows: APPROVE DR-93-010 WITH THE FOLLOWING ADDED CONDITIONS • AT LEAST TWO 24-INCH BOX, DROUGHT-TOLERANT TREES AND AN APPROPRIATE DRIP IRRIGATION SYSTEM (AS APPROVED BY STAFF) SHALL BE INSTALLED IN THE AREA ALONG THE DECK WHERE THE LARGEST GAP BETWEEN THE DECK AND THE GROUND EXISTS. A THIRD TREE MAY BE REQUIRED IF STAFF FINDS IT NECESSARY TO PROVIDE RELIEF FROM THE DECK; • Planning Commission Minutes Meeting of May 12, 1993 Page 7 STAFF SHALL INSPECT THE TREES ONE YEAR AFTER INSTALLATION TO ASSURE THE TREES ARE STILL IN GOOD HEALTH. REPLACEMENT TREES MAY BE REGIUIRED IF NECESSARY; THE DECK SHALL BE CONSTRUCTED FROM NATURAL REDWOOD AND SHALL BE MAINTAINED IN THE NATURAL REDWOOD COLOR. CHAIRPERSON CALLED FOR THE VOTE. THE MOTION PASSED 5-0. 3. DR-90-036.1 - Gerla; 22188 Villa Oaks Ln., request for aone-year extension of time for a Design Review approval to construct a new 6,649 sq. ft. two-story residence per Chapter 15 of the City Code. The site is approximately 2.54 acres and is located within the Hillside Residential (HR) zone district. Planner Walgren presented the Report dated May 12, 1993, to the Commission. He explained that the site conditions have remained the same since the original approval two years ago. However, he explained, a changed has occurred in the Uniform Fire Code which requires homes in excess of 3600 square feet have fire sprinklers installed throughout. He noted that a condition to this effect has been added to the extension resolution. He also answered questions from the Commission with regard to the application. Commissioner Caldwell inquired about the status of the landscape plan, as required in Condition #11, and if it would be appropriate, at this time, to add language to flag the issue of ensuring that the landscaping and irrigation installed does not exacerbate a geological problem. Planner Walgren explained that now would be an appropriate time to add language which would address this issue. He also noted that a landscape plan has been submitted, but staff is not recommending Planning Commission review of the proposed landscaping at this time because staff is still in the process of reviewing and investigating the site. He stated that the landscape plan would be brought before the Commission for review at a later date. Commissioner Caldwell stated her support for adding appropriate language at this time and requested that staff work on some wording that could be used. AT 7:57 P.M., CHAIRPERSON MORAN OPENED THE PUBLIC HEARING. • • Planning Commission Minutes Meeting of May 12, 1993 Page 8 Steve Gerla, applicant, spoke in favor of the extension application. In response to Commissioner Asfour's question, Mr. Gerla stated that he is aware of the added condition to install sprinklers and did not have any questions regarding this condition. CALDWELL/ASFOUR MOVED TO CLOSE THE PUBLIC HEARING AT 7:58 P.M. PASSED 5-0. Per Commissioner Caldwell's request, Planner Walgren offered the following language to be added at the end of Condition #11 for the purpose of addressing the geological concern - "Irrigation for this planting shall also be required to be installed prior to final occupancy and shall be designed consistent with the geotechnical recommendations in the report for this property." Planner Walgren noted that the applicant has had various geological studies conducted on the site which have been reviewed by the City Geologist. Commissioner Caldwell inquired as to the responsible party -the applicant's agent or the City and its geotechnical engineers - for determining whether the landscape and irrigation plans are resistant to geological problems Planner Walgren explained that it was his intent to make the applicant responsible, but that the Planning Commission could require planting/irrigation plan approval by the City's geotechnical engineer. Commissioner Caldwell stated that she favored having the City's geotechnical engineers review the proposed landscape and irrigation plan. She explained that the recent presentation and field trip conducted by the City's geotechnical engineers made her even more aware and concerned with such issues. She asked how the other Commissioner's felt about adding language to address the issue. Commissioner Jacobs stated that he did not have strong concerns with regard to any geotechnical issues on this site and explained that condition # 12 appropriately addressed the issue. Planner Walgren explained that extensive geotechnical studies were conducted when the plans were originally approved. He noted that landscape and irrigation plans are not normally routed to the City Geotechnical Engineers. Commissioner Caldwell stated that the language provided by Planner Walgren to be added to Condition #11 would appropriately address the issue if the words "and will not exacerbate the geotechnical conditions identified in the geotechnical reports for this property" were added after the words "consistent with". • • Planning Commission Minutes Meeting of May 12, 1993 Page 9 Per Caldwell's request, Planner Walgren read the revised wording (to be added at the end of Condition #11) as follows: "Irrigation for this planting shall also be required to be installed prior to final occupancy and shall be designed consistent with and will not exacerbate geotechnical conditions identified in the geotechnical report for this property." CALDWELL/JACOBS MOVED TO APPROVE DR-93-036 WITH THE FOLLOWING LANGUAGE TO BE ADDED TO CONDITION #11:"IRRIGATION FOR THIS PLANTING SHALL ALSO BE REQUIRED TO BE INSTALLED PRIOR TO FINAL OCCUPANCY AND SHALL BE DESIGNED CONSISTENT WITH AND WILL NOT EXACERBATE GEOTECHNICAL CONDITIONS IDENTIFIED IN THE GEOTECHNICAL REPORT FOR THIS PROPERTY." PASSED 5-0. 4. A-729.1 - Coates and Sowards/24 Hour Nautilus; 18764 Cox Ave., request for Design Review approval to modify the standards of an existing sign program in order to construct a 50 sq. ft. identification sign which is approximately 33 ft. in length and 18 inches in height per Chapter 15 of the City Code. The property is a 6.28 acre commercial complex within a Commercial Neighborhood (C-N) zone district. ----------------------------------------------------------------------------------------------------- Planner Walgren presented the Report dated May 12, 1993, and amended Condition #3 (Page 45) as follows: "Prior to the issuance of permits, the tenant must first remove any existing non-conforming sign, including window signs and the roof mounted sign bracket which is inconsistent with the provisions of Article 15-30 of the City Code and/or the sign program". He also answered questions from the Commission. In reply to Commissioner Caldwell's question, Planner Walgren explained that the 24- Hour Nautilus sign would be the only sign on that (the 24-Hour Nautilus side) elevation. Commissioner Caldwell inquired whether the Commission could limit the lighting intensity of the sign. Planner Walgren explained that he and Chairperson Moran had discussed this issue and had come up with an idea to require the sign to be no brighter than the sign at Gene's Quito Village Market and allow 30 days for the staff, the Planning Commission and members of the community to observe the lighting intensity and re-consider whether or not it is appropriate. ~ • Planning Commission Minutes Meeting of May 12, 1993 Page 10 Commissioner Asfour stated that with regard to the clause in the resolution requiring the light in the sign to be turned off at 11:00 p.m., he felt that a provision should be made to allow the sign to stay illuminated because the business is opened 24-hours and the patrons of the business need to be able to locate the site. He suggested that the sign be dimmed after 11:00 p.m. Planner Walgren explained that this was one of the original restrictions placed on all the signs in that center. He stated that he did not know if the sign light could be dimmed. Commissioner Jacobs inquired whether anyone had looked into the effect of the internal lighting from the building itself. Planner Walgren explained that the issue of the internal lighting had to do with the use itself and not with the sign application. Commissioner Asfour noted that the area across from the sign is a commercial area. Several of the Commissioners pointed out that senior housing and some single family homes were within the vicinity. Chairperson Moran asked whether the applicant could re-install special event window signs after the proposed sign is installed. Planner Walgren explained that the applicant would have to have City approval to do so. AT 8:15 P.M. CHAIRPERSON MORAN OPENED THE PUBLIC HEARING. Lee Burton, 18063 Carlton Ave., Castro Valley, representing the applicant, spoke in favor of the application. He stated that he was unfamiliar with the sign at James Quito Market to which the Commission had earlier referred. He stated that with regard to removal of the roof-mounted bracket and the other signs, he would make sure this is done. He explained the technical aspects of building and illuminating this type of sign and noted that only the blue letters would be illuminated. He explained that the color of the letters would lessen the level of illumination as opposed to a lighted cabinet sign with a white background. He also answered questions with regard to the proposed sign. Commissioner Caldwell inquired whether the level of lighting could be changed if it was found to be too bright. • • Planning Commission Minutes Meeting of May 12, 1993 Page 11 Mr. Burton explained that in order to change the lighting level of a sign after it has been built and erected would involve a good amount of work and expense. Commissioner Jacobs inquired whether Mr. Burton had installed any signs in Santa Clara County which are similar to the proposed sign. Mr. Burton stated that he was unsure, but that there maybe similar signs in Santa Clara County. He noted that a 24 Hour Nautilus exists in Sunnyvale and, although, he did not build the Sunnyvale 24- Hour Nautilus sign, it may be similar to the proposed sign. He stated he would check. He explained that he has had no experience with complaints about signs he has installed which are similar to the one proposed. Commissioner Jacobs pointed out that the Commission could continue the item to allow time to study and review the issue of the lighting (of the sign). Commissioner Wolfe inquired whether the Planning Director had visited, on a different issue, the Sunnyvale 24-Hour Nautilus site and if the sign had appeared to be excessively bright. Planning Director Curtis explained that he and Chairperson Moran had visited the Sunnyvale site, but they were checking on the amount of nighttime activity and had not really concentrated on the sign. He stated that he did not re-call the sign striking him as being excessively bright. Commissioner Asfour stated that he felt that the issue of the sign's light level was being made into a bigger issue than it should be. He stated that he was comfortable with the proposal. Mr. Burton, representing the applicant, stated that the sign proposed would not be any brighter than the existing signs in the center and did not feel there would be any problems arising from the installation of the proposed sign. ASFOUR/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. PASSED 5-0. Chairperson Moran stated that she would feel comfortable continuing the item for the purpose of allowing the Commission time to look at comparable signs. She noted that the site was located next to the entry way into a residential area and that many people would be effected by the sign. Commissioner Jacobs stated that he could support a continuance of the item. He explained that he also had concerns with regard to the size of the sign. With regard to the requirement to turn the sign off at 11:00 p.m., he stated that he felt the sign should be allowed to remain on. • • Planning Commission Minutes Meeting of May 12, 1993 Page 12 Chairperson Moran noted that the City had received complaints with regard to brightness of signs on other sites. Commissioner Asfour stated that he was comfortable with the sign as proposed, but would not be opposed to continuing the item. Commissioner Caldwell stated that she would prefer continuing the item to allow for further study of similar signs. She stated that she would like the applicant to provide information on signs in the area which use the same amount of wattage as the proposed sign so the Commission could visit these signs to experience the brightness. Chairperson Moran explained that the Commission would like to continue the item for the reasons as stated (above) and asked Mr. Burton if this would be agreeable. Mr. Burton stated that a continuance would be agreeable with him, but he noted that he is not the applicant and could not speak to that issue for the applicant. He also requested that he be allowed to re-address the Commission. CALDWELL/JACOBS MOVED TO RE-OPEN THE PUBLIC HEARING AT 8:30 P.M. PASSED 5-0. Mr. Burton, representing the applicant, stated that the only complaints that he had ever received were in regard to a different type of sign - a white cabinet sign. ASFOUR/JACOBS MOVED TO CONTINUE A-726.1 (THE PUBLIC HEARING WAS KEPT OPEN) TO THE MAY 26, 1993 PLANNING COMMISSION MEETING FOR THE PURPOSE OF ALLOWING TIME FOR THE COMMISSION TO VISIT SIMILAR SIGNS IN ORDER TO GET AN IDEA OF THE BRIGHTNESS/ILLUMINATION OF THE PROPOSED SIGN. THE MOTION PASSED 4-1 (WOLFE OPPOSED). Commissioner Caldwell added that she concurred with Commissioners Asfour and Jacobs with regard to allowing the sign to remain on past 11:00 p.m. She explained that she thought this requirement was inconsistent with the City's approval of businesses operating past 11:00 p.m. She stated that nighttime illumination of the sign would help both the patrons of the business find their destination and minimize the traffic in the neighborhood with respect to patrons driving around the area in search of the business. Commissioner Asfour asked staff to draft language to be available for the May 26th meeting, which would allow for the sign to be kept on past 11:00 p.m. Commissioner Caldwell concurred with Commissioner Asfour's request. • • Planning Commission Minutes Meeting of May 12, 1993 Page 13 DIRECTOR'S ITEMS 1. Review of Capital Improvements Budget Planning Director Curtis announced that the Review of the Capital Improvements Budget will take place at the May 26th meeting. He explained that the Commission will be requested to review the projects proposed and make sure that they are consistent with the General Plan of the City. He noted that a report on this item may be sent out early to allow the Commission additional time to review. Commissioner Caldwell inquired as to how carefully the City wanted the Commission to review the Capital Improvements Budget for General Plan consistency. She noted that last time the Planning Commission reviewed this item some of their comments were met with condemnation by some of the staff. Planning Director Curtis explained that part of the Planning Commission's responsibility was to interpret the General Plan and encouraged the Commissioners to carefully review the item and offer their comments. 2. Discussion of two-story deck design reviews Chairperson Moran and Commissioner Caldwell stated that they had found the memo to be extremely informative and the pictures to the very helpful. The Commission reviewed the memo and there was consensus to direct staff to act on Option #2. Planner Walgren explained that staff would write-up a Policy Memo for distribution to the City Planners to be inserted in the City Code for clarification of this policy. With regard to Commissioner Caldwell's question, Planner Walgren indicated that a code change would not be necessary to implement this policy. Planning Director Curtis announced that the City Council has cancelled it's 2nd meeting in July just as the Planning Commission has also cancelled their 2nd meeting in July. The Director suggested that in light of these cancellations, the joint Planning Commission/City Council worksession scheduled for July 27th be moved up to July 13th to remain consistent with the work schedule. He stated that the July 13th date would need to be confirmed. The Commission indicated that moving the joint worksession to July 13th would be acceptable. ~ • Planning Commission Minutes Meeting of May 12, 1993 Page 14 COMMISSION ITEMS Commissioner Caldwell noted the existence of a possibly illegal orange Day Care sign on Quito Road at Devon. She also inquired about a school sign at Christa McAuliffe's school which does not seem to reflect the style of other school signs in Saratoga. Planner Walgren explained that the City had received a complaint about the school sign and is currently investigating it. He stated that the sign does appear to meet the City's sign regulations with regard to size, placement and height, but that the school did not come to the City for a permit. He further explained that staff is looking into the State law with regard to local jurisdiction over the sign. He stated that the school district is citing a section of the State law which exempts them from obtaining certain permits from local jurisdiction regarding zoning matters. He noted that the City Attorney is looking into the issue. Planning Director Curtis explained that the issue is whether or not the State law gives the City the authority to review the sign. He explained that the State law exempts the City from interfering with classroom functions. Councilmember Monia addressed the Commission to explain that there was a law passed (written by Jerry Smith) which requires school districts to comply with local zoning ordinances as long as those ordinances do not intertere with classroom activity. Planning Director Curtis explained that the school district is arguing that the sign identifies classrooms and therefore has to do with classroom activity which would exempt the sign from City review. He stated that he would keep the Planning Commission updated on the issue. Commissioner Caldwell distributed an article to the Commission which discussed the installation of self-serve terminals in the City buildings of the Town of Los Gatos. She stated that she thought staff and the Commission might be interested in the article. She also distributed copies of a chapter from a program entitled Protecting Water Quality in Urban Areas. She explained that the chapter discusses site planning and suggests a different way in approaching site development particularly hillsides. She stated that she thought this information would be helpful since water quality has become an issue in Saratoga. Commissioner Jacobs inquired about the status of a boarded-up house on the west side of Quito Road. • • Planning Commission Minutes Meeting of May 12, 1993 Page 15 Planner Walgren stated that he was unaware of this house and would refer the inquiry to the Building Division for further investigation and information. Chairperson Moran distributed a memo that she and Planning Director Curtis had written on issues of the May 3rd meeting with the City's geotechnical consultant. She explained that the memo outlines what was learned at the meeting, identifies 7 concerns that arose, and offers several suggestions for trying to solve some of the issues. She proposed that the memo be sent to the City Council and discussed at the July 13th Joint Planning Commission/City Council worksession. Chairperson Moran outlined the memo and there was discussion regarding the memo. Commissioner Jacobs stated that he appreciated the memo especially since he was unable to attend the meeting. Commissioner Jacobs suggested that legal opinion be sought and available at the July 13th worksession with regard to the extent of which the City can limit or prohibit development rights. Commissioner Caldwell suggested that information also be available to the Planning Commission and City Council with regard to how other cities have handled similar geotechnical issues. Chairperson Moran asked that staff distribute copies of the packet which was provided at the meeting with the geotechnical consultant to those who were absent. Commissioner Caldwell also suggested that cone-page memo be written on the sites that were visited during the meeting with the geotechnical consultant so those who were not in attendance could conduct a self tour of the sites. Planning Director Curtis indicated that he would see that these requests are met. There was consensus of the Commission to forward the memo on to the City Council. Planner Walgren presented the revised plans of the Farsio application. He briefly explained the history of the design approval and noted that the applicant has complied with the condition of approval which was to reduce the size of the second living structure to 1,400 square feet. He stated that the approved plans before the Commission are merely presented to show that the applicant has complied with their direction. Commissioner Asfour stated that he felt the placement of the second living unit violates the spirit of the settlement agreement. • Planning Commission Minutes Meeting of May 12, 1993 Page 16 There was brief discussion with regard to the project and the design review process. The Commission noted the compliance of the size of the unit. Chairperson Moran presented Commissioner Caldwell with a plaque and asix-pack of oak trees in appreciation for her work and dedication as past Planning Commission Chairperson. COMMUNICATIONS Written 1. Public hearing notices of upcoming items on the 5/26/93 Planning Commission meeting. Oral City Council ADJOURNMENT Chairperson Moran adjourned the meeting at 9:08 p.m to 7:30 p.m. on May 18, 1993, in the Senior Care Facility, Saratoga, CA. Andrea M. Chelemengos Minutes Clerk