Loading...
HomeMy WebLinkAbout04-13-1994 Planning Commission minutes• • CITY OF SARATOGA PLANNING COMMISSION MINUTES APRIL 13, 1994 - 7:30 p.m. City Council Chambers, 13777 Fruitvale Ave. Regular Meeting ------------------------------------------------------------------------------------------------------------------ The meeting was called to order at 7:30 p.m. by Chairwoman Moran. ROLL CALL Present: Chairwoman Moran, Commissioners Asfour, Caldwell, Jacobs, Kaplan, Murakami and Wolfe Absent: None Director Curtis introduced Irma Torrez as the new recording secretary. He also noted that City Attorney Riback was not present consistent with City Council policy. PLEDGE OF ALLEGIANCE PLANNING COMMISSION CHAIR APPOINTMENT ON A MOTION BY CALDWELL/JACOBS, COMMISSIONER ASFOUR WAS NOMINATED AND ELECTED AS CHAIR. THE MOTION CARRIED UNANIMOUSLY. ELECTION OF VICE-CHAIR ON A MOTION BY MORAN/CALDWELL, COMMISSIONER MURAKAMI WAS NOMINATED AND ELECTED AS VICE-CHAIR. THE MOTION CARRIED UNANIMOUSLY. MINUTES MINUTES OF MARCH 23, 1994. ON A MOTION BY MORAN/CALDWELL, THE PLANNING COMMISSION MINUTES OF MARCH 23, 1994 WERE APPROVED WITH THE FOLLOWING AMENDMENTS: - Page 7, paragraph 4, second paragraph to read: "Tim Hoagland, landscape architect, clarified issues mentioned in the letter from the neighbors. Mr. Hoagland assured the Commission that the landscaping refers to in the letter...in a way as to point back in toward ;tJ house, the fence would be more visible than it would be if built as proposed...." :~ Planning Commission Minutes April 13, 1994 Page - 2 - - Page 9, paragraph 1 amended to read: "Commissioner Caldwell expressed her appreciation for the applicant's attempt to meet the required findings, however, she ....... stated that the placement of the house on the lot does not warrant~~ ;~ esr ~: `: :;.;:.;; :::::::::...... . fofi variance for a pool house." - Page 15, paragraph 3, sentence 7 to read: "Some of the Commissioners e~c~)~e~seEl cor~1-ftt•i()1t~~-Ftlt red}tlyd t(•r-fhe rest>milrendrltiH+~••mrlcle-in lliELnlE'n}H 1J()Inl(;d Ulll lll~ll lh~' recommendation iu wutf'1's nieruo ~-•,.is tc) r~~cci~•c c(z'rruncntti frc)rn the initi~)I stud~~ this - Pages 15-17 need to reflect that May 3 was to be the date scheduled for the scoping session for the review of the RFP to prepare an EIR for the Odd Fellows Master Plan instead of the listed April 13 date, the original date for the scoping session. - Page 17, paragraph 7 to read: "Community Development Director Curtis explained that a General Plan amendment would be ~~at}ted ~`equz~`et~ by this application...." - Page 21 (Commission Items) -Commissioner Kaplan noted that reference was not made regarding her trip to the Planning Commissioners' Institute held in San Diego. She submitted a memo addressed to the Planning Commission dated April 5, 1994 pertaining to the Planning Commissioners Institute to be attached to the March 23, 1994 Planning Commission Minutes. THE MOTION PASSED 6-0-1 WITH CHAIRMAN ASFOUR ABSTAINING. ORAL COMMUNICATIONS Bert Martel, 14420 Fruitvale, informed the Commission that April 22 has been declared "Earth Day". He stated that it would be appropriate for all individuals located within the West Valley Mission College District remember and protect the wildlife. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 8, 1994. TECHNICAL CORRECTIONS TO PACKET Planner Walgren noted the following "Technical Corrections to the Packet": • Planning Commission Minutes April 13, 1994 Page - 3 - • - Item 3, page 3, Staff Analysis, under the "Grading Required" section, it is noted that 470 cubic yards are proposed to be exported. He informed the Commission that no export is proposed and that all grading would remain on site. - Item 6, page 50, second paragraph, under the "Analysis" section, the report reads that 12 trees are proposed for removal when 13 are actually proposed for removal. PUBLIC HEARING CONSENT CALENDAR Community Development Director Curtis requested that item 2 be removed from the consent calendar because staff proposes a different recommendation than what was listed in the staff report. BY CONSENSUS, THE COMMISSION AGREED TO REMOVE AGENDA ITEM 2 FROM THE CONSENT CALENDAR. Chairman Asfour inquired if anyone wished to remove item No. 1 from the Consent Calendar. No one indicated a desire to remove the item. 1. DR-93-020 - Goese; 20661 Fifth St., request for Design Review approval to UP-93-004 - construct five residential townhomes, ranging from 2,241 to 2,610 sq. SD-93-005 - ft. in size (including below grade garages), on an 8,468 sq. ft. parcel located within the Saratoga Village. Use Permit approval is also necessary to permit the construction of residential dwellings having street frontage within the Village and Subdivision approval is necessary to allow the parcelization of the future units. An environmental Negative Declaration has been prepared (cont. to 4/27/94 at the request of the City's Public Works Dept.; application expires 7/ 19/94). COMMISSIONERS MORAN/WOLFE MOVED TO APPROVE ITEM 1 ON THE CONSENT CALENDAR. THE MOTION CARRIED UNANIMOUSLY (7-0). PUBLIC HEARINGS 2. GPA-94-001 - Amendments to the Northwestern Hillside Specific Plan -The City of Saratoga Planning Commission will hold a public hearing to consider amendments to the Northwestern Hillside (NHR) Specific • • Planning Commission Minutes April 13, 1994 Page-4- Plan. This plan was originally adopted in 1980 after the voter referendum known as "Measure A". The Plan established policies and programs for future development in the northwestern hillside area of Saratoga. This document led directly to the creation of the Northwestern Hillside (NHR) Zoning District. In 1992, The City Council adopted an ordinance amendment which merged the two hillside zoning district, NHR and HC-RD (Hillside Conservation-Residential District) into one district, HR (Hillside Residential). Portions of the previously zoned HC-RD District existed outside of the Specific Plan boundaries (map available for review at the Saratoga Planning Department). For consistency between the Zoning Ordinance and the Specific Plan, the City will consider an amendment to expand the original Specific Plan boundaries to include these areas. In addition, the City Council has directed the Planning Commission to consider an amendment to delete references in the NHR Specific Plan to the proposed Southwest-Northeast (SW-NE) Road (cont. to 5/25/94 at the request of the City Attorney). Community Development Director Curtis informed the Commission that the City Attorney was working on additional technical language which would need to be incorporated into the proposed amendments to the Northwestern Hillside Specific Plan. He recommended that this item be tabled instead of the recommended continuance to the Commission's May 25 meeting. The item would be readvertised when it was ready for Commission review and that he would be better able to inform the Commission as to when the item would be ready for Public Hearing by its May 10 meeting. COMMISSIONERS MORAN/WOLFE MOVED TO TABLE AGENDA ITEM 2. MOTION PASSED UNANIMOUSLY (7-0). 3. DR-94-007 - Rogers & Brook; 150G1 Gypsy Hill Rd., request for Design Review approval to construct a new 5,664 sq. ft. two-story residence per Chapter 15 of the City Code. The property is a vacant 40,016 sq. ft. parcel located within an R-1-40,000 zone district. Planner Walgren presented the staff report dated April 13, 1994. r • Planning Commission Minutes April 13, 1994 Page - 5 - CHAIRMAN ASFOUR OPENED THE PUBLIC HEARING AT 8:47 P.M. Virginia Fanelli, consultant for the applicant, requested approval of the request as the application meets all the criteria of the design review. She stated that she would answer any questions which the Commission may have. AT 7:50 P.M., COMMISSIONERS MORAN/KAPLAN MOVED TO CLOSE THE PUBLIC HEARING. THE MOTION PASSED UNANIMOUSLY (7-0). COMMISSIONERS WOLFE/JACOBS MOVED TO APPROVE DR-94-007 PER THE STAFF REPORT. THE MOTION PASSED UNANIMOUSLY (7-0). 4. DR-90.036.2 - Homecraft Builders/Gerla; 22188 Villa Oaks Ln., request for a second one-year extension of time for 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 a Hillside Residential (HR) zone district. Planner Walgren presented the staff report dated April 13, 1994. Commissioner Kaplan requested explanation regarding sprinkler installation. Planner Walgren informed the Commission that changes in code requirements were incorporated in the resolution of approval the last time the Commission granted an extension of time and that no new code changes have occurred since the last consideration of this item. CHAIRMAN ASFOUR OPENED THE PUBLIC HEARING AT 7:53 P.M. Steve Crowland, applicant, requested Commission approval of the one year time extension. AT 7:58 P.M., COMMISSIONERS CALDWELL/MORAN MOVED TO CLOSE THE PUBLIC HEARING. THE MOTION PASSED UNANIMOUSLY (7-0). COMMISSIONERS MORAN/JACOBS MOVED TO APPROVE DR-90-036.2 PER THE STAFF REPORT. THE MOTION PASSED UNANIMOUSLY (7-0). 5. TUP-94-001 - San Jose Symphony Auxiliary; 20252 Hill Ave., request for Temporary Use Permit approval to operate "SHOWCASE '94" from a ~ Planning Commission Minutes April 13, 1994 Page-6- May 7, 1994 to June 5, 1994, daily. This fund raising proposal involves the conversion of a private residence located at 20252 Hill Ave. into a showcase to display the work of professional interior and exterior landscape designs. Planner James Walgren presented the staff report dated April 13, 1994. Commissioner Caldwell requested clarification regarding the manner in which the shuttle buses were going to be used. Commissioner Kaplan questioned if hand washing facilities were to be provided in association with the portable toilets. Planner Walgren informed the Commission that he spoke with a representative from the County Environmental Health Services and that the representative informed him that hand washing facilities were available within close proximity of food services. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:56 P.M. Patricia Johnson, administrator for Showcase '94, thanked the City for its cooperation in allowing Showcase '94 to take place in the City of Saratoga. She responded that the shuttle bus service would take place from two locations (Immanuel Lutheran Church and the Argonaut Shopping Center) and the route which would be taken. She advised the Commission that hand washing devices would be made available, food services were to be provided by Continental Catering from Menlo Park, and that the proceeds from this event would benefit the San Jose Symphony. Commissioner Kaplan questioned whether Ms. Johnson would be willing to have someone direct traffic so that the bus shuttle services are not disruptive to businesses. Ms. Johnson responded that the shuttle service would be located at the end of the shopping center where business are normally closed, therefore, traffic impact would be minimal. AT 8:01 P.M., COMMISSIONERS MORAN/WOLFE MOVED TO CLOSE THE PUBLIC HEARING. THE MOTION PASSED UNANIMOUSLY (7-0). COMMISSIONERS CALDWELL/MORAN MOVED TO APPROVE TUP-94-001 PER THE STAFF REPORT. THE MOTION CARRIED UNANIMOUSLY (7-0). • • Planning Commission Minutes April 13, 1994 Page - 7 - 6. SD-94-001 - Bean; 14024 Saratoga Ave., request for Tentative Map approval to subdivide a level 3.19 acre parcel into five single-family parcels ranging in size from 23,200 to 24,00 sq. ft. Demolition of a two- story residence, which is on the City's Heritage Inventory, is also proposed. The subject property is located within an R-1-20,000 zone district and the new lots are proposed to be accessed from a new cul-de-sac located off of Saratoga Ave. An Environmental Negative Declaration has been prepared for Planning Commission consideration. Planner Walgren presented the staff report dated April 13, 1994. He informed the Commission that a recommendation was not proposed at this time but that staff was requesting Commission direction regarding the most critical restraining condition of the site, that being the number of ordinance protected trees. The site contains 62 ordinance protected trees. The arborist report indicates 59 of the trees are Native Coast Live Oak. Twenty-two of the trees were proposed for removal in the original submittal. Working with staff and the City's arborist, Barrie Coate, the applicant was able to revise the tentative map to reduce the removal of the ordinance protected trees to 13. Mr. Coate has reviewed the condition of the 13 trees and agrees that the majority of the trees can and should be removed due to their poor condition. The issue this evening were trees 31, 32, 46 and 48. Staff requested Commission direction regarding the two options as follows: 1) agree that the replacement value is adequate and that the five lot subdivision request can proceed, returning to the Commission in May; or 2) direct the applicant to retain trees 31 and 32 (the large diameter sized trees) which will require reconfiguration of the subdivision. Commissioner Caldwell commented that in past applications, Mr. Coate placed values on all ordinance protected trees to be removed. She questioned what value Mr. Coate would place on the trees not identified in value? She also questioned whether there was discussion by the Heritage Preservation Commission to encourage the existing house to be salvaged or preservation of architectural features. Planner Walgren commented that he was not aware if the Heritage Preservation Commission discussed the salvaging of the structure or architectural features. Larry Fine, Saratoga Avenue, Heritage Preservation Commission, informed the Commission that the Preservation Commission discussed the issue of salvaging the structure but that the report received indicated that the structure was beyond repair and saving due to earthquake and termite damage. Also discussed was saving some of the items contained in the home. The Heritage Preservation Commission has requested that the contractors and developers allow the Commission to take a tour of the structure and be allowed to take pictures and documentation before the structure is destroyed. If any • • Planning Commission Minutes April 13, 1994 Page - 8 - items were found to be of historical significance, the property owner would be contacted. . He informed the Commission that additional information was being sought. Commissioner Caldwell commented that a pedestrian pathway was being proposed along the property frontage along Saratoga Avenue. She questioned if there was a master plan for a pathway along heritage lane or was the proposed pathway conceived as a good idea by the applicant. Planner Walgren informed the Commission that a pathway plan line exists along Saratoga Avenue. Commissioner Caldwell inquired as to the manner in which the City administered approvals along Saratoga Avenue. Planner Walgren responded that there has been one administrative approval granted and that a pathway has been required similar to this project, but that it did not include a soundwall or berm. Commissioner Caldwell questioned Mr. Coate regarding statements made in Mr. Friedmann's report pertaining to the disruption of trees intended for preservation and how much disruption is acceptable for the trees survival. Mr. Coate responded that survival of these trees would depend on the age and condition of the trees. He further commented that the manner in which the trees were protected during construction would also impact the trees' survival. Commissioner Jacobs questioned the anticipated life span of the trees, specifically the four trees under discussion (tree members 31, 32, 46 and 48). Mr. Coate responded that the older trees were planted 60 years ago by the property owner and were in reasonably good health. However, the tree structure was not in great shape due to damage caused by the use of a chain saw. With reasonable good care, he felt that the trees could survive an additional 20 to 40 years if there were no significant impacts to the trees. Anything that occurs on lot 5 would cause severe impact to the health of trees 31 and 32. Future landscape and irrigation installation may also impact the health of the trees. Commissioner Jacobs commented that landscape installation restrictions may need to be imposed to protect the significant trees. Commissioner Caldwell commented that the applicant proposes to provide replacement trees according to Mr. Coate's valuation. She questioned whether smaller trees should be considered as suitable replacement trees (e.g., 5 or 15 gallon trees). Mr. Coate commented that the quality of the tree determines the survival rate of the tree, but as a general rule, 24 inch boxed oaks are the superior trees to buy. In response to Comm. Caldwell's question regarding the replacement values for the trees proposed for removal other than trees 31, 32, 46 and 48, Mr. Coate stated that the replacement values for the remaining trees needed to be computed. He said that he would compute those values and report back to the Commission this evening. • • Planning Commission Minutes April 13, 1994 Page - 9 - Commissioner Kaplan commented that tree #23 is recommended for removal and it is adjacent to tree #24. She questioned how one tree could be removed without disruption to the other one. Mr. Coate clarified that tree #23 was small in diameter and would not impact the health of tree #24. CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 8:29 P.M. Terry Szewczyk, Nowack and Associates, corrected page 2 of the staff report, stating that tree #38 should read tree #28. He addressed the tree canopies located on lots 4 and 5 of the subdivision. Thirteen trees are slated for removal, 8 of which are supported for removal by Mr. Coate. Tree #46 is located dead center of the proposed cul-de-sac accessing Saratoga Avenue and is located adjacent to two existing power poles and under ground utilities. Preserving or relocating tree #46 would present a problem. Regarding the existing Oden home, a structural report was submitted by the applicant to the Heritage Preservation Commission. The Commission felt that the home was of little architectural value given the state of the foundation system and general disrepair of the house and that it was approved for demolition. Also reviewed was the wall proposed to be installed along Saratoga Avenue, setback from the street right-of-way with landscaping proposed to be installed in front of the wall. He informed the Commission that this project proposes public benefits to the immediate neighborhood (e.g., installation of storm drain, completion of pathway to be utilized by school children, access dedication to Saratoga Avenue, buffer landscape to be installed adjacent to the wall). Tree maintenance is estimated to be $50,000 for the site, in addition to the fees required by ordinance of $51,000. The subdivision design creates rectangular foot prints easily recognizable by future developers/builders. The proposed five lot subdivision is consistent with the General Plan and would present the ultimate buildout of the site. Commissioner Jacobs questioned whether there was any way in which tree numbers 31, 32, 46 and 48 could be accommodated with a home. Mr. Szewczyk commented that several lot configurations were reviewed, including a two story home design. But he did not feel that the two story design would be supported by the adjacent residents. Commissioner Kaplan questioned whether consideration was given to a four lot subdivision, dedicating a portion of lot 5 as open space. Mr. Szewczyk stated that a four lot subdivision would not be economically feasible. Commissioner Caldwell commented on the letters received by individuals indicating a preference in maintaining the access where it currently is located (along the southern boundary) with aesthetics being the primary reason. The staff report indicates that the opening of the cul-de-sac is closer than 250 feet and would require an exception on the Commission's part. • • Planning Commission Minutes April 13, 1994 Page - 10 - William Friedmann, Corporate & Commercial Services, San Jose, arborist retained by the applicant, informed the Commission that he would respond to any questions which it may have. He stated that it was his personal feeling that tree #32 was a hazard. The tree in question was tree #31. Tree numbers 46 and 48 were smaller in size and not as significant. Commissioner Caldwell questioned Mr. Friedmann's comments that smaller trees were not as significant as larger ones. She questioned the potential longevity for trees 46 and 48 and did not support the argument that they were not significant. Commissioner Wolfe questioned how long it would take for the replacement trees to attain the current canopy size. Mr. Szewczyk commented that he estimates that the replacement trees would take 20 to 25 years to reach the existing canopy size. Commissioner Kaplan questioned whether there was any merit in the argument presented by Mr. Friedmann that removal of the two ill mature trees would be better replaced with healthier trees. Mr. Coate commented that it would be a great opportunity to have the developer pay for the removal and replacement of unhealthy trees. Trees 47 and 48 were located in the proposed turn-around area and would need to be removed with the proposed design configuration. Mr. Coate informed the Commission that the other 11 trees were valued at approximately $20,250. He did not agree with Mr. Friedmann's assessment regarding the health of trees 31 and 32 and that it was his opinion that both of the trees were in better condition than depicted. If was his opinion that once tree 32 was removed, that tree 31 would appear one sided. He recommended that both trees be removed or retained. Should the trees be approved for removal, both trees should be replaced with new trees. Commissioner Caldwell stated that she reviewed the report on the large trees that line Saratoga Avenue and she questioned if they were of the same condition as trees 31 and 32. Mr. Coate felt that most of the trees were in the same condition as tree 32 because of the pavement surrounding the trees. It was Mr. Coate's opinion that tree 32 was a hazard, but that if it was maintained, it could be returned to a nonhazardous state. Mr. William Bean, applicant, responded to Commissioner Jabobs' question pertaining to which trees would be retained if a single story home was built on the building envelop of lot 5 by stating that none of the trees would survive. He informed the Commission that removal of the trees located on lot 5 was being requested so that a home could be built on it. Chairman Asfour questioned if the existing driveway was utilized, could a five lot subdivision be developed. Mr. Coate commented that a house could not be built on lot • • Planning Commission Minutes April 13, 1994 Page - 11 - 5 without causing severe damage to trees 31 and 32. Chairman Asfour commented that economic issues could not be taken into consideration in the deliberation and decision making process. He also commented that the established time limit set on public hearing items were not being followed this evening as this was a light agenda. Anne Sorden, 14091 Shadow Oaks, concurred that the existing cul-de-sac could be used. She questioned why the cul-de-sac could not be located on the northern part of the property. She felt that if the lots were adjusted slightly, it would resolve the issues of concern regarding tree preservation. She informed the Commission that the adjacent residents were long time residents and would oppose the construction of two story homes. Larry Fine, 14075 Saratoga Avenue, addressed the walking trail to be used primarily by the school children. He expressed concern with traffic circulation and traffic impact (a bottle neck currently exists). He informed the Commission that cars do not stop for the children. He recommended that a stop sign or signal light be installed. He felt that the traffic issues needed to be addressed and that the trees be preserved. Gloria Keith, 14121 Shadow Oaks Way, commented that the trees adjacent to the existing homes appear to be healthy and added beauty to the backyards of the property owners. She questioned what assurances could be given to ensure that future property owners do not remove the existing trees. She supported one story dwellings for this area. THE COMMISSION RECESSED AT 9:20 P.M. THE COMMISSION RECONVENED AT 9:31 P.M. T.W. O'Rourke, Shadow Oaks Way, informed the Commission that his home was located adjacent to the proposed lot 3. He requested that the following issues be addressed: one story structures be required; mitigation of drainage to the area (Shadow Oaks Way), requirement of storm drain extension to Wildcat Creek; installation of fencing along the school pathway to protect the children from construction traffic activity, and questioned whether undegrounding of utilities would be required from adjacent residents. He requested that adjacent property owners be notified of any future working study sessions. Commissioner Kaplan requested clarification from staff regarding the proposed drainage to Wildcat Creek. Planner Walgren stated that the problem would be researched and a response would be provided at the next meeting. ~ • Planning Commission Minutes April 13, 1994 Page - 12 - Lisa Kurasch, member of the Tree Committee for the Planning Commission, thanked the Commission for allowing her to visit the site under discussion. She commented that the most significant analysis presented in Mr. Coate's report was contained on pages 71 and 72 of the Commission's packet. She concurred that oak trees were sensitive to construction, more so than any other types of trees. She recommended that landscape and irrigation plans be reviewed to ensure compatibility with the remaining oak trees. Ms. Kurasch recommended diversity of replacement trees (e.g., size, age and variety of trees). Specific guidelines should be provided to the applicant for the protection of the oak trees during construction. Ms. Kurasch stated that reglardless of the number of trees the Commission required to be preserved, the Commission's real challenge will be to ensure the longterm viability of the trees intended for preservation. In other words, the Commission should try to build-in adequate safeguards to any decision it makes to protect the trees during and after construciton. For instance, the approved locations for structures on the property (the building envelopes) and the access roads should take into account the longterm viability of the trees intended for preservation. Mr. Szewczyk responded to the concerns and comments of the adjacent neighbors (e.g., new public street to be considered; roadway would require cooperation of parcel B, the school district and land on project site). Regarding the tree removal along the back property line, only tree 36 is proposed for removal and all other trees along the back property line are to be preserved. He agreed to review the flooding situation as presented by Mr. O'Rourke and would try to mitigate the flooding and drainage concerns. Construction fencing will be considered for the safety of the children. Regarding the under grounding of the utilities, he commented that it was not anticipated that adjacent property owners would be required to under ground the overhead power lines. He stated that tree numbers 5, 12, 22, 23, 36 and 45 would be retained if so required. AT 9:55 P.M., COMMISSIONERS MORAN/JACOBS MOVED TO CLOSE THE PUBLIC HEARING. THE MOTION PASSED 6-1 (CALDWELL VOTING NO). Commissioner Wolfe commented that he felt that the proposal of $51,000 would mitigate the removal of the trees and ensures their replacement. Commissioner Caldwell felt that this was a unique parcel, and that the City wanted to recognize the beautiful oaks and structures along heritage lane. While it was stated that the earthquake damage makes the residential structure unsalvageable as a whole, she noticed a number of artifacts on the site. Any historical group would want to ensure their preservation. She felt that creative solutions could be developed which would respect the heritage lane and the vegetation on the property, and the character of the neighborhood. The key issues which needed to be addressed were as follows: access, cul- • • Planning Commission Minutes April 13, 1994 Page - 13 - de-sac location, configuration of the lots, the location of the building footprints, tree preservation, review of the landscape plans, and the proposed soundwall (concept of 6 foot soundwall in this location proposed by the developer needs to be examined). Depending on what lot configuration was arrived at, a soundwall may or may not be appropriate. If a wall is to be approved, wall materials would need to be considered to ensure that the materials blend in and that a shorter wall is approved. She pointed out that the aplicant's own arborist stated that no more than 25% root zone disruption or coverage can be tolerated by an oak. She recommended that this item be continued to a workshop setting to resolve the issues of concern. Commissioner Caldwell commented that she was not ready to indicate which trees were to remain and which were to be replaced until the issue was discussed and reviewed by the Commission. Commissioner Moran stated that she was not opposed to approving five new homes at this location, but that she was concerned with preservation of trees 47 and 48. She stated her support of a study session requesting that the applicant return with sketches of other alternatives (e.g., setting homes further back from the street and squeezing them in more). Other issues to be discussed were fencing, storm drain, pedestrian access along Saratoga Avenue during construction, and restricting the site to one story homes. Commissioner Murakami commented that in reviewing trees 31 and 32, one appeared to be in bad shape. He felt that if one was to be removed, that the other tree would need to be removed or the remaining tree would appear to be out of balance. He concurred with the adjacent neighbors that the homes be restricted to one story structures. He stated his concurrence with the recommended continuance. Commissioner Jacobs stated that other options should be reviewed if possible. If no other alternatives were possible, that the Commission could deal with the issues of concern. He felt that a workshop to explore the issues would be appropriate. Commissioner Moran did not feel that the Commission should be designing the project for the applicant and that the applicant should return to the Commission with alternative design for its review and consideration. Commissioner Jacobs stated that he would prefer to proceed with an "empty slate" and to allow open discussion and direction. Commissioner Kaplan commented that after leaving the site, she did not believe that she could be convinced that trees 31 and 32 could be removed. Following this meetings testimony, she felt that replacement of the trees may he a reasonable trade off. • • Planning Commission Minutes April 13, 1994 Page - 14 - However, she did not want to make that decision without reviewing the entryway adjacent to the flag lot driveway of lot B and the school walkway. She felt that there was an advantage in keeping this issue open. Chairman Asfour recommended that as many trees be preserved as possible. He would concur with his fellow Commissioners' recommendation for a continuance to a work study session. COMMISSIONERS MORAN/CALDWELL MOVED TO REOPEN THE PUBLIC HEARING AND CONTINUE DR-94-007 TO A WORK STUDY SESSION TO BE SCHEDULED ON JUNE 14. THE MOTION CARRIED UNANIMOUSLY (7-0). Mr. Szewczyk informed the Commission that the project was designed within the framework of city ordinances (lot sizes, widths and depths are dictated by the zoning ordinance and street widths dictated by the subdivision ordinance). He informed the Commission that Mr. Bean would not be interested in a study session unless five lots are to be considered. Less than five lots would make the project infeasible. Community Development Director Curtis reiterated that this was a unique situation which calls for a unique design. He recommended that zoning be put aside and that an innovative design approach be considered. Mr. Bean informed the Commission. that several scenarios have been considered and that the plan before the Commission was the best proposal. He requested Commission direction at this time because he has done everything possible to make this project work. Commissioner Jacobs commented that he has not been given the opportunity to review alternatives. Planner Walgren requested Commission direction regarding the trees. Once direction was given, staff would return with a recommendation with imposition of appropriate conditions. He also requested policy direction regarding the removal of the large old oak trees with the understanding that an equal replacement value would be provided. If the Commission were to recommend that the trees be retained, it would make it difficult to build the five lots as proposed on the site. Commissioner Kaplan questioned whether a recorded landscape agreement could be required for the maintenance of the landscaping. She also questioned what assurances there would there be that the replacement trees were to be maintained. Planner Walgren responded that a maintenance deposit or bonding could be required to ensure that the replacement trees would remain on the site several years from now. • • Planning Commission Minutes April 13, 1994 Page - 15 - Commissioner Kaplan questioned what would be the legitimate grounds to require a four lot subdivision if the developer he has met city standards? She also questioned whether a precedent would be established for future development. Community Development Director Curtis commented that it could be demonstrated that this was a unique site. Mr. Bean reiterated that a four lot subdivision was not feasible. He felt that a vehicle could be derived to ensure that future property owners retain and maintain the replacement trees. Mr. Coate expressed concern that tree #28 is a large tree in good condition with an enormous canopy and should be retained. Mr. Coate stated that even if the Commission approved the removal of trees numbered 31 and 32, almost any structure on proposed lot 5 would adversely impact tree #28. Commissioner Caldwell commented that the Commission was appointed to ensure that land use decisions were made based on the information presented. Commissioner Jacobs commented that he would be willing to consider another work study session in May to expedite the process and accommodate the applicant with an earlier hearing date. Planner Walgren clarified that if this item was continued to the Commission's April 27 meeting, staff would still require an additional four weeks from the April 27 date to return with a final resolution of approval. Director Curtis suggested that the site could be scheduled for a land use visit on April 26th. Mr. Coate stated that he would attend the site visit. The Commission requested that this site visit be scheduled first. COMMISSIONERS MORAN/CALDWELL WITHDREW THEIR PREVIOUS MOTION. COMMISSIONERS JACOBS/KAPLAN MOVED TO CONTINUE THIS ITEM TO ITS NEXT PUBLIC HEARING MEETING OF APRIL 27. THE MOTION CARRIED UNANIMOUSLY (7-0). DIRECTOR'S ITEMS Community Development Director Curtis informed the Commission that the Planners Institute tapes were available for its use. • • Planning Commission Minutes April 13, 1994 Page - 16 - COMMISSION ITEMS 1. Tree Preservation Policy Community Development Director Curtis clarified that Commission corrections have been incorporated within the Tree Preservation Policy. He informed the Commission that this policy was to be tied to ordinance protected trees. He also clarified that staff issues tree removal permits and that staff may be required to provide a replacement value for on and off site trees. The proposed language would cover new development activity, not the replacement of landscaping. He requested Commission policy regarding replacement of dead or hazardous trees. It was his interpretation that no replacement value would be placed in the Tree Replacement Fund because valuation of the tree would be $0. He did not want to be caught with a policy that could be interpreted broadly. Commissioner Caldwell commented that there does not exist a policy which would require the replacement of trees approved for removal. However, it was her understanding that staff was requiring that trees be replaced. She recommended that the value of the tree be reviewed to determine if a replacement tree was warranted. COMMISSIONERS MORAN/MURAKAMI MADE A MOTION TO FORWARD ITS CONSIDERATION AND ADOPTION OF THE TREE PRESERVATION POLICY TO THE CITY COUNCIL. THE MOTION CARRIED UNANIMOUSLY (7-0). 2. DR-93-017 -McDonald; 14231 Springer Avenue. Planner Walgren reported on this informational item. IT WAS THE CONSENSUS OF THE COMMISSION TO CONCUR WITH STAFF'S RECOMMENDATION. COMMUNICATIONS Chairman Asfour reported on the meeting held by the City Council regarding the issue that "the neighborhood over rules the Commission's decision" as reported in the Saratoga News. He reported on the final approval granted by the City Council for the Greenbriar residential project. He felt that the work put in by the Commission paved the way for incorporation of some its recommended changes. ~ • Planning Commission Minutes April 13, 1994 Page - 17 - Community Development Director Curtis informed the Commission that a representative from Greenbriar has requested that the Commission consider a workshop session to review their preliminary plans. IT WAS THE CONSENSUS OF THE COMMISSION TO CONSIDER GREENBRIAR'S PRELIMINARY PLANS AT ITS JUNE 14 WORKSHOP MEETING. Commissioner Kaplan recommended that her fellow Commissioners listen to the Friedmann tape purchased by the City from the League of California Cities because she found it interesting and that the tapes would have some bearing on the home design proposed for the Paul Mason site. She also recommended that a brown bag lunch be held in May, inviting Planning Commissioners from surrounding jurisdictions. Commissioner Moran recommended that the Orchids and Onion tour be rescheduled. Commissioner Caldwell recommended that the Commission request that the Council acknowledge Earth Day. BY CONSENSUS THE COMMISSION FORWARDED ITS RECOMMENDATION TO THE CITY COUNCIL THAT IT FORMALLY RECOGNIZE "EARTH DAY". Planner Walgren recommended that the Commission retain the Bean staff report to save on staff time and cost associated with reproduction of the report. Written City Council Minutes - 3/16/94 & 2/22/94 2. Public Notices for the 4/27/94 Planning Commission Meeting. Oral City Council AD.TOURNMENT At 11:35 p.m., Chairman Asfour adjourned the meeting to April 27, 1994, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. Irma Torrez Minutes Clerk