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HomeMy WebLinkAbout05-26-1993 Planning Commission minutes • CITY OF SARATOGA PLANNING COMMISSION MINUTES May 26, 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 Asfour. ROLL CALL Present: Acting Chairperson Asfour, Commissioners Caldwell, Murakami and Wolfe Absent: Commissioners Moran and Jacobs PLEDGE OF ALLEGIANCE MINUTES Minutes of May 12, 1993. Commissioner Caldwell had the following corrections: Page 4, last paragraph, the word "soils" should be inserted in the second line after the word "site". Page 9, last paragraph, and Page 10, second to the last paragraph, the words "James Quito Market" should be deleted and replaced with "Gene's Quito Market". Page 14, 2nd paragraph, 1st line, the word "school" should be inserted prior to the word "sign" CALDWELL/WOLFE MOVED TO APPROVE THE MINUTES OF MAY 6, 1993, AS CORRECTED (ABOVE). PASSED 3-1 (COMMISSIONER MURAKAMI ABSTAINED) ORAL COMMUNICATIONS There were no oral communications. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 21, 1993. • a Planning Commission Minutes Meeting of May 26, 1993 Page 2 TECHNICAL CORRECTIONS TO PACKET Planner Walgren had the following technical correction to the packet: Item #3 DR-93-008 -Wang - On the agenda only -the numbers representing the square footage of the proposed 1st and 2nd story additions are transposed. The agenda should be corrected to reflect that the proposed 1st story addition is for 513 square feet and the square footage for the proposed second story addition is 783 square feet. Commissioner Caldwell inquired if the notices to the neighbors had incorrectly reflected the size of the additions. Planner Walgren stated that the error existed only on the agenda. In response to Commissioner Caldwell's question, City Attorney Riback stated that this transposition of the square footage on the agenda would not warrant a re-notice or a continuation of the item. PUBLIC HEARING CONSENT CALENDAR 1. DR-93-003 - Tam; 20800 Boyce Ln., request for Design Review approval to construct a 974 sq. ft. first floor addition and a 1,224 sq. ft. second story addition to an existing 2,921 sq. ft. single story residence per Chapter 15 of the City Code. The net gain of floor area on the first floor will be 234 sq. ft. due to the demolition of a detached garage and storage shed. The parcel is approximately 24,700 sq. ft. and is located within an R-1-12,500 zone district (cont. to a date uncertain at the request of the applicant; application expires 9/30/93.) ----------------------------------------------------------------------------------------------------------- 2. A-729.1 - Coates and Sowards/24 Hour Nautilus; 18764 Cox Ave., request 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 (cont. to the 6/9/93 public hearing at the request of the applicant; application expires 10/12/93). • • Planning Commission Minutes Meeting of May 26, 1993 Page 3 CALDWELL/MURAKAMI MOVED TO APPROVE THE CONSENT CALENDAR (CONTINUE DR-93-003 AND A-729.1). THE MOTION PASSED 4-0. PUBLIC HEARINGS 3. DR-93-008 - Wang; 19554 Three Oaks Way, request for Design Review approval to construct a 783 sq. ft. first floor addition and a 513 sq. ft. second story addition to an existing 3,445 sq. ft. single story residence per Chapter 15 of the City Code. The parcel is approximately 40,140 sq. ft. and is located within an R-1-40,000 zone district. Planner Walgren presented the Report dated May 26, 1993. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:35 P.M. Mr. Wang, applicant, spoke in favor of his application and explained the need for the proposed additional square footage. CALDWELL/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 7:37 P.M. PASSED 4-0. CALDWELL/MURAKAMI MOVED TO APPROVE DR-93-008 PER THE RECOMMENDATIONS IN THE STAFF REPORT. THE MOTION PASSED 4-0. 4. SM-93-003 - Johnson; 14891 Vine St., request for Site Modification approval to construct a pool and associated decking and retaining walls on a hillside parcel pursuant to Chapter 14 of the City Code. The subject property is approximately 19,891 sq. ft. and is located within an R-1-20,000 zone district. Planner Walgren presented the Report dated May 26, 1993, and noted the additional conditions of approval with regard to landscaping. He stated that these conditions are discussed on Page 11 of the Report and are included in Condition #8 of the resolution. He also answered questions from the Commission with regard to the application. Commissioner Caldwell inquired about the total amount of cut and fill associated with the project. • • Planning Commission Minutes Meeting of May 26, 1993 Page 4 Planner Walgren stated that the cut totals 410 cubic yards and the fill equals 1,050 cubic yards. He explained that these numbers also include the terrace and the work that is now being proposed. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:40 P.M. There was no one wishing to speak. CALDWELL/ WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 7:40 P.M. PASSED 4-0. Commissioner Murakami asked if the applicant was agreeable to the added landscape conditions. The applicant was not present. Planner Walgren explained that the applicant had been provided a copy of the staff report and had not contacted staff with regard to any objections to the recommendations. CALDWELL/WOLFE MOVED TO APPROVE SM-93-003 PER THE CONDITIONS AS OUTLINED IN THE STAFF REPORT. PASSED 4-0. Commissioner Caldwell expressed her appreciation for staff's efforts in carefully watching the amount of cut and fill and encouraged staff to continue close monitoring of grading of similar projects especially those that come before the Commission in stages. She also expressed support for the additional landscape requirements. 5. SM-93-004 - Matsuura; 21536 Saratoga Heights Dr., request for Site Modification approval to construct a pool and associated decking and retaining walls on a hillside parcel pursuant to Chapter 14 of the City Code. The subject property is approximately 1.3 acres and is located within a Hillside Residential (HR) zone district. The Report dated May 26, 1993 was presented by Planner Walgren. He also answered questions from the Commission regarding the application. Commissioner Caldwell inquired about the amount of grading involved with the project. • • Planning Commission Minutes Meeting of May 26, 1993 Page 5 Planner Walgren stated that the project involves 150 cubic yards of cut and 150 cubic yards of fill. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:44 P.M. There was no one wishing to speak. CALDWELL/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 7:44 P.M. PASSED 4-0. Commissioner Wolfe inquired if staff had received any responses from the neighbors with regard to this application and if the applicant was agreeable to the conditions as recommended in the staff report. Planner Walgren stated that staff had not received any responses from the neighbors. Planner Walgren also indicated that the applicant had been mailed a copy of the staff report and had not contacted staff with any opposition to the conditions. Commissioner Caldwell noted that the property owners had, at one point, expressed an interest in totally enclosing their lot with fencing which is prohibited in the Hillside District. She inquired about the impact an approval (of this application) would have on the fencing of the backyard area. Planner Walgren explained that the earlier request was to enclose a portion of the lot - in excess of 4,000 feet. He noted that this request has been withdrawn and the proposed fencing enclosure is only around the pool as required by the Uniform Building Code. This required pool enclosure is not included in the maximum 4,000 square foot enclosure restriction. CALDWELL/MURAKAMI MOVED TO APPROVE SM-93-004 PER THE CONDITIONS OUTLINED IN THE STAFF REPORT. THE MOTION PASSED 4-0. 6. V-93-008 - Schwertley; 15300 Hume Dr., request for Variance approval to allow the construction of a 5 ft. high, wrought iron fence to be located along the front property line of a corner parcel where a 3 ft. maximum height fence is allowed per Chapter 15 of the City Code. The parcel is approximately 32,670 sq. ft. and is located within an R-1-40,000 zone district. Planner Walgren presented the Report dated May 26, 1993 and answered questions from the Commissioners with regard to the project. • • Planning Commission Minutes Meeting of May 26, 1993 Page 6 Chairperson Asfour noted that a 3-foot-high fence would be allowed in that portion of the lot, but that a 5-foot-high fence is required to enclose any future pool. He asked if the pool would need to be moved back (out of the required setback) in order to accommodate the required 5-foot-high pool fence enclosure. Planner Walgren stated that the pool, itself, would need to be located outside the required 30-foot setback in order to be constructed without a variance. In response to Chairperson Asfour, Planner Walgren stated that he believed there was enough room to locate a pool outside of the required setback area. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:48 P.M. Fred Schwertley, applicant, spoke in favor of the variance application. He explained that the house is sited on the lot in an unique manner. He explained that his functional rear yard is considered by the Planning Department to be the front of the lot. He stated that approval of the fence variance would not grant a special privilege. He explained that in order to construct a 5-foot fence in compliance with the setback regulations an existing retaining wall and several trees would need to be removed. He reported that his property is frequently visited by numerous, large dogs and a 3-foot- high fence would not be sufficient to keep the animals off his property. He explained that his family and his pets have had to greatly limit their outdoor living activities because of the frequent intrusion of the property by these dogs. He noted that the dogs may pose a safety concern. He submitted photos as proof of the reported intrusion. He also stated that he has talked with the neighbors in regard to his fence variance application and he submitted a signed letter from these neighbors in support of his application. Mr. Schwertley explained that the fence would not obstruct the view from neighboring properties and would allow him the right to safety in his own yard. In response to questions from the Commission, Mr. Schwertley stated that he had talked to the owners of some of these dogs, but that he did not know the owners of the other dogs. He expressed hesitation with regard to getting the County's Animal Control services involved and explained that this intervention may not promote good neighbor relations and may not permanently solve the problem. He also explained that the intrusion of the dogs has hindered the family's ability to freely enjoy their yard. WOLFE/CALDWELL MOVED TO CLOSE THE PUBLIC HEARING AT 7:55 P.M. PASSED 4-0. Per Commissioner Caldwell's request, Planner Walgren outlined the following necessary findings the Commission would have to make in order to approve the variance request: ~ • Planning Commission Minutes Meeting of Page 7 1. That a special physical circumstance (shape, size, topography, and etc) exists. 2. Granting the variance would not be a special privilege inconsistent with the limitations placed on the rest of the property owners in the neighborhood. 3. That granting of the variance would not be detrimental to the public's health, safety and welfare. Chairperson Asfour inquired whether the unusual location of the house on the site could be considered a special physical circumstance and used as a basis on to grant approval of the variance. He also asked if staff felt that there would be room at the back of the house to locate a pool. Planner Walgren stated that in the past staff has interpreted the necessary findings in a very literal manner and that even though the siting of the house is unique, but not wholly unusual, it does not constitute a special physical circumstance applicable to the property. In response to Chairperson Asfour's second question, Planner Walgren stated that staff did feel that there was room for a pool in the back of the property, but the location would be much more constraining than what the property owner had planned. Commissioner Caldwell stated that she had visited the site and had concluded that the parcel location (on a corner) and the siting of the house on the property creates a special physical circumstance. She noted that many properties in the area have the same type of fencing along the property line as that which is proposed. She stated that she is inclined to ask staff to draw up a resolution for approval of the applicant's request. She stated that she did not feel that by approving the applicant's request that a special privilege would be granted. Commissioner Caldwell explained that it appears that the portion of the lot which the City considers the front yard is actually the property owners functional back yard and an approval of the request would not be detrimental to the health, safety and welfare of the public nor would an approval be inconsistent with limitations placed on neighboring properties. Commissioner Murakami concurred with the comments made by Commissioner Caldwell and expressed support for Commissioner Caldwell's suggestion for staff draft a resolution for approval of the fence variance. Chairperson Asfour addressed the applicant and explained that the Commission has indicated that they would like to continue the item in order to give staff time to draft a resolution to approve the request. He also explained to the applicant that he could request that a vote be taken at this meeting. • • Planning Commission Minutes Meeting of May 26, 1993 Page 8 WOLFE/CALDWELL MOVED TO RE-OPEN THE PUBLIC HEARING AT 8:05 P.M. TO ALLOW THE APPLICANT TO RESPOND. PASSED 4-0. Mr. Schwertley, applicant, stated that he would be agreeable to continuing the item to the June 9th public hearing. CALDWELL/WOLFE MOVED TO CONTINUE V-93-008 TO THE JUNE 9, 1993 PLANNING COMMISSION MEETING IN ORDER TO ALLOW STAFF TIME TO DRAFT A RESOLUTION FOR APPROVAL OF V-93-008 BASED ON THE FINDINGS THAT THE HOUSE AND PROPERTY LOCATION CONSTITUTES A SPECIAL PHYSICAL CIRCUMSTANCE AND THAT THE 5-FOOT FENCE IS NEEDED TO ADDRESS THE SAFETY CONCERNS AS EXPRESSED BY THE APPLICANT. CHAIRPERSON ASFOUR SUGGESTED THAT THE FENCE BE ONE OF AN OPEN NATURE. City Attorney Riback suggested that the Commission use the finding that the siting of the house on the property constitutes a special physical circumstance. He explained that the concern with regard to the animals invading the property may be a remote concern. Commissioner Caldwell stated that she had intended for the findings supporting approval of the variance to be based on the special circumstance created by the house location and that the comment regarding the safety of the property owners be an additional comment reflecting that the fence would also enhance the property owner's safety and ability to enjoy the property. THE MOTION PASSED 4-0. 7. SM-93-001 - Lin; 20170 Rancho Bella Vista, request for Site Modification approval to construct a pool, spa and waterfall per Chapter 14 of the City Code. The parcel is approximately 20,033 sq. ft. and is located within an R-1-20,000 zone district. Planner Walgren presented the Report dated May 26, 1993 and answered questions from the Commission with regard to the application. Commissioner Caldwell inquired about the phrase in the arborist's report that states that the pool can be constructed "without causing further damage to the existing trees". • • Planning Commission Minutes Meeting of May 26, 1993 Page 9 Planner Walgren stated that he was very familiar with the project and explained that various constraints existed on the lot which caused unavoidable damage to some of the trees during the original construction phase. Planner Walgren noted that remedial measures have been taken since the arborist's report was written. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 8:10 P.M. There was no one wishing to speak. CALDWELL/WOLFE MOVED TO CLOSE THE PUBLIC HEARING AT 8:10 P.M. PASSED 4-0. Chairperson Asfour stated that his only concern was with the route of the bob-cat, but that this concern had been addressed Page 46 of the staff report. Commissioner Caldwell stated that the applicants may be sorry that the pool is located so far away from the house. She also noted that this location is the only location where the pool may be located. MURAKAMI/WOLFE MOVED TO APPROVE SM-93-001. PASSED 4-0. Commissioner Caldwell commended staff on their constant tree preservation monitoring. She noted that this lot spurred the Commission's attention to tree replacements. Chairperson Asfour announced that the next item would probably take some time and asked that those wishing to address the Commission fill out a request to speak form and give it to a staff member. He also explained that a time limit of 3 minutes would be enforced and that no decision on the next issue would be made at this meeting. He explained that another public hearing would take place on June 9, 1993. Commissioner Asfour recessed the meeting at 8:16 p.m. The meeting was reconvened at 8:26 p.m. 8. AZO-93-002 - Draft Prezoning Boundary Map for Proposed Expanded Sphere of Influence for the City of Saratoga and Associated Negative Declaration. The Planning Commission will hold two public hearings to consider the above referenced draft prezoning map on Wednesday, May 26 and Wednesday, June 9, respectively. The prezone map will identify future boundary limits for areas within the proposed expanded Sphere of Influence. The Sphere of Influence is the area outside the current City limits from which parcels may be annexed into the City in the next 5 to 25 • Planning Commission Minutes Meeting of May 26, 1993 Page 10 years. The purpose of the May 26 meeting will be to receive public testimony regarding this item. No decision will be made by the Planning Commission at this meeting. On June 9, the Planning Commission will consider the May 26 public testimony, review the map, and make a final recommendation to the City Council. Associate Planner George White presented the Report dated May 26, 1993. He presented an overhead depicting the existing sphere of influence and the area that would be included in the proposed expansion of the sphere of influence. He noted that the overhead had an error with regard to depicting the boundaries. He noted that the northwesterly boundary on the overhead actually belonged to Cupertino Boundary Agreement Area and explained that the boundaries would be amended accordingly. Associate Planner White discussed the activities which led to initiation of this project, the steps and agencies involved in reviewing and implementing the project, and the impacts the expansion of the sphere of influence would have on properties. Associate Planner White noted that letters expressing opposition to the proposed expansion had been received from Alan and Margaret Giberson, Robert Webb, The Santa Clara Peace Officers Association, Wanda Alexander and Gail and Doug Cheesemen. Mr. White also explained that the public hearing on this item would be held over two meetings and recommended that the Commission accept public comments tonight and then continue the public hearing to the meeting of June 9, 1993. Commissioner Caldwell asked Planner White to explain how staff had come to the conclusions it did with regard to the initial study. Associate Planner White explained that the initial study was conducted on the map itself and therefore the map in itself would not have impacts. Commissioner Caldwell inquired about CEQA's request for the initial study and if the staff and Planning Commission review was more or less a rubber stamp procedure. She wondered if CEQA was really asking for their finding on perceived impacts. Associate Planner White explained that the process is not a "rubber stamp" process and that the impacts to which Commissioner Caldwell refers would really take place at the time of property development and/or at the stage of property annexation. • • Planning Commission Minutes Meeting of May 26, 1993 Page 11 Planning Director Curtis explained that CEQA allows some projects to be categorically exempt and that this is not one of them. He explained that at this time CEQA is only asking for an initial study ,even though this study may spur those involved to think ahead with regard to potential impacts. he explained that the current pre-zoning is not proposed to be changed. He said if this was the case some the answers on the initial study checklist may have been different to reflect the potential impacts. He explained that this is a preliminary evaluation and that more specific impacts would be addressed at the time of specific project proposals. Commissioner Caldwell inquired whether this action by the City would facilitate the development of the properties involved and how would the environmental impact differ from the kind of development that historically progresses under County jurisdiction. Planning Director Curtis explained that staff does not feel that development would facilitate merely because the City prezones the area. He explained that prezoning facilitates the extension (of the sphere of influence) should contiguous properties be proposed for development. He stated that this process sets the stage for properties to be incorporated into the City. Associate Planner White pointed out that the City's environmental assessment is forwarded on to LAFCO. He further explained that LAFCO is the lead agency and will make an assessment of the City's Initial Study and it's conclusions. Commissioner Wolfe noted that CEQA stands for California Environmental Quality Act and asked staff to explain what impact CEQA has on this process. Associate Planner White explained that CEQA is an act passed by the State legislature which requires local agencies to review development projects and assess the potential impacts to the environment. He explained that there are a number of ways with this act to do this assessment, namely through a layering or progression of reviews. CEQA provides the local agencies with a checklist to consider when making this assessment. He stated that eventually the City's studies are forward to State agencies for their review. Chairperson Asfour asked that comments be limited to 3 minutes and requested that speakers indicate whether their property is currently within the sphere of influence or if it is within the boundaries proposed for the expansion of the City's sphere of influence. Associate Planner White explained that staff would be taking notes on the questions asked and that the questions would be addressed in the form of a written staff report presented at the June 9, 1993 public hearing. • • Planning Commission Minutes Meeting of May 26, 1993 Page 12 CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 9:40 P.M. Mr. and Mrs. Halunen, 116 Los Gatos, Los Gatos, spoke in opposition to the proposed expansion of Saratoga's sphere of influence. They expressed. concern with the added layer of bureaucracy and the potential for increased taxes. Mr. Halunen stated that he did not agree with the possibility of annexation being open-ended. He stated that he thought there should be a time cap or deadline and after that deadline inclusion within the sphere of influence and/or possible annexation should be retracted. They also stated that they had not had a chance to review the differences between the County codes and the City' codes. Jerry Tatro, 16335 Sanborn Road, spoke in opposition to the proposal and submitted a letter expressing his concerns. He inquired about the advantages for property owners with regard to being (annexed) in the City opposed to remaining in the County. He inquired how the City would service the expanded/added properties. Mr. Tatro stated that the City does not have the appropriate equipment to maintain this area with it's particular type of terrain. He stated that he is happy with the service received from the County and the County's response times. He stated that the City would need to hire more employees and purchase additional equipment to maintain the additional properties. He stated that he is not in favor of being included in the proposed expansion of the sphere of influence. Bill Robson, 15591 Ravine Road, Los Gatos, strongly opposed his property being included in the proposed expansion of the sphere of influence. He stated that Saratoga has no interest or desire to maintain these areas and that he wanted no part of Saratoga' processes, staff, or city councils/commissions. He stated that should the expansion of the sphere of influence be pursued that the action would be challenged in court. Ed McQuorrie, 15881 Ravine Road, Los Gatos, stated that he is opposed to being included in Saratoga's expansion of its sphere of influence. He stated that he felt Saratoga's hillside regulations were too lax and that the City's creeks are not well maintained. He noted that he is discouraged by and does not want to be a part of Saratoga's political battles. He suggested that the issue be put to a vote so those affected property owners could make the decision. Sherry Chappell, 24124 Big Basin Way, stated that her property was in the proposed sphere of influence area. She inquired whether the City, if this area were to be incorporated into the City, what action would the City take with regard to unpermitted construction and grading which is a problem in the area. • • Planning Commission Minutes Meeting of May 26, 1993 Page 13 Jeffrey Patterson, 22020 Mount Eden Road, stated that he operated the Mountain Vineyards and is in attendance in order to understand what is proposed. He stated that he is concerned that if the land he farms and resides on is annexed into the City, the land values would rise and the owner would see the opportunity to sell and develop the land. He stated that the vineyards would then be lost. He inquired why the City is pursuing this matter and asked if it is the City or if LAFCO is pressing for the sphere of influence to be expanded. Staff indicated that the City of Saratoga initiated the process for the expansion of the sphere of influence. Margaret Slemmons, 19655 Redberry Drive, Los Gatos, expressed opposition to the proposed expansion of the sphere of influence, prezoning and annexation. She stated that she did not think the City has the financial resources to maintain additional hillside properties and roads. She noted that this issue had come before the City in the 1970's and had been dismissed. She wondered why the City has now began to pursue the issue. George Tengan, 16505 Sanborn Road, concurred with the comments made by Mrs. Slemmons. He expressed concern with the City's ability to maintain the additional roads and streams associated with the land proposed to be included in the sphere expansion. He also inquired why the City had initiated the expansion. Larry Hartage, 15808 Glen Una Drive, inquired as to Saratoga's motivation for wanting to expanded its sphere of influence. He asked about the impacts involved. Mr. Hartage stated that there should be a mutual benefit to the City as well as the property and property owners affected with regard to expanding the sphere of influence. He inquired why the two hearing dates are so close in time. He expressed opposition to the rumor of widening Glen Una to 60 feet and requested that the people be provided with more information on the ROS zoning (lot size requirements) and any future plans the City may have with regard to the properties included in the expanded sphere of influence boundaries. He also inquired about the cost to property owners with regard to connecting to the sewer and other cost associated with the expansion. Commissioner Caldwell stated that the ROS zoning calls for a minimum lot size of 20 acre and that this zoning has been applied to the Saratoga Country Club. Commissioner Caldwell asked if staff could explain why the City is pursuing expansion of it sphere of influence. Chairperson Asfour explained that if questions are addressed as they arise the process may take a very long time. He noted that staff would be answering all questions via a staff report available for the June 9th meeting. • • Planning Commission Minutes Meeting of May 26, 1993 Page 14 John Wiess, 15968 Hidden Drive, Los Gatos, Chairperson of and representing the Montgomery Highlands Property Homeowners Association, spoke in favor of the proposed expansion. He explained that half of the Montgomery Highlands property in within the City's current sphere of influence and the other half is outside. He stated that this expansion would allow for the property to obtain better fire protection and an upgraded water and sewer system. He explained that currently the property has to get permits from the County and from the City depending on the location of the proposed work. Chairperson Asfour clarified that this hearing is not on the issue of annexation, but only on the issue of expanding the City's Sphere of influence. Doug Bowles, P.O. Box 90238, San Jose, representing a parcel in the proposed expansion of the sphere of influence, expressed concerns with regard to police protection. He stated that he had conferred with the sheriff's department and had been told that the City may have difficulty providing adequate police protection to the new areas. He asked if additional police would be hired to serve the added area. He also asked about the cost to property owners with regard to connecting with the City's sewer system. He stated that he did not feel that adequate time had been allowed for with regard to hearing public comments, addressing concerns, and coming to a decision on this issue. Chairperson Asfour stated that no decision would be made at either of the scheduled hearings. He further explained that the Planning Commission would make a recommendation to the City Council and that other State agencies would also be involved in the expansion process. Frank Nemec, 16800 Bohlman Road, stated that his property is included in the proposed expansion. He stated that he was not concerned with the expansion of the sphere of influence, but is opposed to the possibility of his land being annexed into the City. He stated that he did not want to live in the City limits, be annexed into the City, pay taxes to the City, allow a City body which he cannot elect have authority over his land, is opposed to regional government or anything that encourages regional government, any increase of density, and additional restrictions (i.e., City building permits, restrictions on fencing, animals, landscaping and etc.). He stated that he sees no reason for or benefit from this proposed action. He stated that he strongly objects to being deprived due process of law because he cannot bring legal action to this process unless it involves an issue that has been discussed during this process. • • Planning Commission Minutes Meeting of May 26, 1993 Page 15 Cliff Reeder, 1500 Pierce Road, Saratoga, property outside of current sphere of influence, strongly supports the proposed expanded sphere of influence and potential annexation. He noted that annexation would increase his taxes ,but that he would benefit from the additional services which the City would provide. He submitted a letter in support of the expansion of the sphere of influence and potential annexation subject to the following provisions: extension of water/sanitation district, extension of cable television and the adoption of the currently private road which serves as access to 3 parcels. Meg Giberson, 15561 Glen Una Drive, submitted a letter in opposition to the proposed sphere expansion. She stated that she and her husband believe that Saratoga has demonstrated an unwillingness or incapacity to oversee development of land in its control. She noted that Saratoga does not meet its fair share of affordable housing requirements. She stated that the land proposed to be included in this expansion is unsuitable for urbanization and inquired about the City's reasons for wanting to acquire additional property within its sphere of influence. Linda Colby, 17017 Bohlman Road, spoke in opposition to the proposal and stated that she concurs with the many comments made by previous speakers. She stated that she is happy with the service provided by the County and does not feel that the City is adequately staffed to provide the same quality of service. She questioned whether the City has really considered the potential problems that it might face with the inclusion of the additional area within its sphere of influence. Ken Colby, 16600 Bohlman Road, stated that he has the same concerns expressed by the previous speakers with regard to the City's ability to provide adequate services. He stated that this action may spark an increase in development and that this proposal is unnecessary at this time. He inquired why the City favors the expansion and if the additional land in the sphere would increase the City tax base. He stated that he is happy with the current County jurisdiction of his property. Tom Warren, 16651 Bohlman Road, spoke in opposition to the expanded sphere of influence. He requested that more information be available at the June 9th meeting with regard to the process and the potential impacts of this action. He inquired if sphere of influence could turn into a "sphere of control". He stated that the County services are good and asked if the issue could be put to a vote. Commissioner Wolfe asked staff to provide an explanation of sphere of influence. Associate Planner White stated that LAFCO defines sphere of influence as "a plan for the possible, ultimate, physical boundaries of the service area of a local agency as determined by the Commission (LAFCO)." Associate Planner White explained that this means the ultimate boundaries for the expansion of services and City boundaries. • • Planning Commission Minutes Meeting of May 26, 1993 Page 16 City Attorney Riback added to Mr. White's explanation that the practical effect of the sphere of influence is to enable the County to come to the City in respect to any development proposal within the sphere of influence to obtain the City's comments on the particular development. Roy Larson, 15671 Glen Una Drive, spoke in opposition to the proposed extension. He stated that he is not interested in wider streets, curbs and sidewalks. He explained that the County area has an abundancy of wildlife and he and his family oppose any change in this area and the proposal of an expansion to the Saratoga sphere of influence. J. W. Dugan, 15600 Glen Una Drive, spoke in opposition to the expansion proposal. He stated that too little information has been provided. He stated that he agreed with many of the speakers who spoke in opposition o the proposal. Douglas Ordahl, 16654 Bohlman Road, Saratoga, spoke in opposition to the proposal. He recommended that the Commission and staff drive up and down Bohlman Road during a storm. He explained that the road is not City road material and will never be City road material. He stated that the City does not have the resources to maintain such roads. He challenged the Declaration of Negative Impact and stated that the negative declaration could only be valid if one could guarantee that no additional development would occur. He expressed concern with regard to the City providing water service to the area that is currently serviced by wells. He stated that the only benefit to the City with regard to the expansion would be to increase its tax base. He cautioned that the expansion would cost the City more than what would be gained in additional taxes. Dorothea Bamford, 19020 Whittier Road, Representing Monte Sereno City Council, explained that people from Ravine and Lomas Lane had requested to be incorporated into Monte Sereno's sphere of influence. She further explained that Monte Sereno had taken formal action on the request and forward the appropriate information to LAFCO. She stated that she was surprised that Saratoga was unaware of this action and had included some of these properties in with its expansion proposal. She stated that the area between the Blackwillow Corporation and the Sanitation District had also been included in the Monte Sereno sphere of influence. She stated that she had not had time to obtain a map that would depict the specific properties to which she is referring. She suggested that with regard to Saratoga expanding its sphere of influence, consideration should be given to the comments made by the public and include only those who want to be included and exclude those who have expressed opposition to their property being included within the expanded sphere of influence. • • Planning Commission Minutes Meeting of May 26, 1993 Page 17 Joel Siegel, 19750 Glen Una Drive, stated that he opposed the inclusion of his property in Saratoga's proposed expanded sphere of influence. He stated that he once lived in Saratoga and did not care for the City, the politics of the City and the unaddressed environmental issues. He stated that he is very pleased with the services provided by the County. Jerry Tatro, noted that the City's plan to zone property as it develops may cause spotting of incorporated areas and may pose a problem as far as providing City services to these different areas. He suggested the City consider the potential problems involved in this plan. There was no one else wishing to speak at this time. Chairperson Asfour thanked the public for their comments and reminded them that the issue would appear again on the Planning Commission agenda of June 9, 1993. CALDWELL/WOLFE MOVED TO CONTINUE AZO-93-002 TO THE PUBLIC HEARING OF JUNE 9, 1993. PASSED 4-0. DIRECTOR'S ITEMS 1. Review of Capital Improvements Budget Planning Director Curtis outlined the Capital Improvement Program package. He explained that all the projects listed have been carried over from previous years and have been previously reviewed except for the following 9300 series which has been added to the list. 9301 -Warner Hutton House Improvements 9302 -American Disabilities Act Compliance Improvements 9304 -Saratoga/Sunnyvale Road Rehabilitation 9306 -Underground Utilities District Implementation 9308 -Congress Springs Park Ball Screen The Director explained that once these projects are reviewed and found to be consistent with the General Plan, the list will be forwarded to the City Council to be considered. He also answered general questions with regard to the Capital Improvement Program. Commissioner Murakami asked if the items were listed by priority. • • Planning Commission Minutes Meeting of May 26, 1993 Page 18 Planning Director Curtis indicated that they were not listed by priority. Commissioner Caldwell expressed her strong objection to the continued inclusion of the Southwest Northeast Road, Item #979, in the Capital Improvements Plan. She explained that although she recognizes that the item is expressively called for in the Northwestern Hillside Specific Plan, Goal #7, she stated that she feels that it is also at variance with other goals in that specific plan and at variance with goals in the General Plan. She stated that she recognizes that Swine Road was included in the plan as a compromise move at the last moment and stated that she thought it should be removed from the plan. She further noted that there are serious reservations about opening up the process to remove the road from the plan, but that she feels it is ridiculous to continue to carry on this project. She stated that the serious environmental damage and impacts that development of this road would cause are completely out of line with the expressed land use goals of the General and Specific Plan. FOLLOWING BRIEF DISCUSSION, ASFOUR/WOLFE MOVED THAT THE PLANNING COMMISSION FIND THAT THE CAPITAL IMPROVEMENT PROGRAM IS CONSISTENT WITH THE SARATOGA GENERAL PLAN AS REQUIRED BY SECTION 65401 OF THE STATE OF CALIFORNIA GOVERNMENT CODE. Commissioner Caldwell asked for the City Attorney's advice as to voting on the issue with regard to her opposition to the one item as she has expressed (above). City Attorney Riback stated that she could vote in support of the motion with the noted exception to Item #979. Chairperson Asfour verified that the Planning Commission's action on this item is a recommendation to the City Council and not an approval. Planning Director Curtis indicated that Chairperson Asfour was correct in his understanding of the action. THE MOTION WAS PASSED 4-0. COMMISSIONER CALDWELL VOTED IN FAVOR OF THE MOTION WITH THE EXCEPTION OF THE INCLUSION OF ITEM #979 FOR THE REASON AS STATED (ABOVE). Planning Director Curtis updated the Commission on the issue of the Christa McAuliffe School sign. He explained that staff has researched the government code with regard to the City's authority to review the sign and it has been determined that this sign does not involve classroom activity. Therefore, the sign would be subject to City review. Planning Director Curtis announced that the school district will be notified that a City review and permit must be obtained for the sign. • • Planning Commission Minutes Meeting of May 26, 1993 Page 19 COMMISSION ITEMS 1. DR-90-057 -Gault; 22068 Villa Oaks Ln., review of pool, decking and landscaping plan. Planner Walgren provided the Commission with a oral report explaining the background, pool plans, landscaping plans, and the decking plans of this project. Planner Walgren pointed out that the terrace yard area now has a slightly enlarged pad (from that which was originally approved) and includes an additional 20 cubic yards of fill. He directed the Commissioners' attention to a cross section of this pad terrace and the plan of the 3 1 /2 foot retaining wall that would be necessary. He explained that the retaining wall would be a gravity earthstone type and noted that this is what staff wanted to bring to the Commissions attention. He noted that the wall is within the perimeters of the City regulations, but that it has been slightly altered since Planning Commission approval. Planner Walgren also answered questions from the Commission with regard to the project. Commissioner Caldwell stated that she thought that the project consisted of an abundance of flat visible pad and deferred the item to the other Commissioners. In response to Chairperson Asfour's question, Planner Walgren indicated that the City Geologist had reviewed the original plans and that the plans would again be forwarded to the geologist for final review and endorsement once the plans have been submitted for a building permit. Commissioner Caldwell asked if the applicant was planning to plant in the retaining wall. Planner Walgren indicated that the applicant had intended to plant in the retaining wall. Commissioner Wolfe and Murakami stated that they had no problem with the plans as long as vegetation is present in the retaining wall. WOLFE/MURAKAMI MOVED TO APPROVE THE DR-90-057. THE MOTION PASSED 3-1 (CALDWELL OPPOSED). Commissioner Caldwell inquired about the format staff will use at the June 9, 1993, meeting to address the questions and issues raised with regard to AZO-93-002 (The Draft Prezoning boundary map for the proposed sphere of influence for the City of Saratoga). • • Planning Commission Minutes Meeting of May 26, 1993 Page 20 Planning Director Curtis explained that a list of the questions/issues and the respective responses will be distributed as part of the meeting packet. Commissioner Caldwell suggested that a 1 page informational sheet be available which discusses the procedural issues including explanation of the steps required with regard to annexation and t.AFCO requirements. Chairperson Asfour suggested that staff provide a "Statement of Intention/Motivation" to explain the City's reasons for pursuing the expansion of its sphere of influence. Chairperson Asfour also requested that staff look at the addresses of the people who spoke earlier in the meeting (with regard to the expansion of Saratoga's sphere of influence) and determine precisely which properties are in the area proposed to become a part of Saratoga's expanded sphere of influence and which properties are already a included in Saratoga's current sphere of influence. Chairperson Asfour stated that he believed that some people indicated that their property is currently not in Saratoga's sphere of influence were mistaken and their property is actually already included in the City's current sphere of influence. Planning Director Curtis stated that this information (as requested) will be available at the June 9th meeting. He also stated that for the June 9th meeting staff will try to present a map identifying the property location of the those who addressed the Commission and it will indicate whether these. properties are either already included in Saratoga's current sphere of influence or if they are to be included in the proposed expanded sphere of influence. Planning Director Curtis also explained, in response to an inquiry from the Commissioners, that notices will not be sent out for this item (again) for the Planning Commission meeting of June 9, 1993, but that new notices will be sent out with regard to the City Council's review of the item. Commissioner Caldwell explained that a letter had been sent to her in care of the Planning Department and was forwarded to her with her meeting packet. She stated that she became unaware of the letter (before she actually received it) when she read in the Saratoga News that such a letter had been sent to her. Commissioner Caldwell asked that in the future staff promptly forward any correspondence that has been addressed to a Commissioner in care of the City to the appropriate Commissioner in order to avoid another similar occurrence. All Commissioners agreed to this policy. COMMUNICATIONS Written 1. City Council Minutes - 5/3 & 5/5/93 2. Public hearing notices of upcoming items on the 6/9/93 Planning Commission meeting. . Planning Commission M~s Meeting of May 26, 1993 Page 21 Oral City Council ADJOURNMENT At 10:25 p.m. Chairperson Asfour adjourned the meeting to 7:30 p.m. on June 1, 1993, in the Senior Day Care Center, 19655 Allendale Ave., Saratoga, CA. Andrea M. Chelemengos Minutes Clerk