HomeMy WebLinkAbout05-25-1994 Planning Commission minutesI'
_ MAY 25, 1994 -f7:30 p.m.
City Council Chambers;. 13777 Fruitvale Ave.
Regular Meeting
The meeting was called to order at 7:30 p.m. by Chairperson Asfour.
ROLL CALL
Present: Chairperson Asfour, Commissioners Caldwell, Jacobs, Kaplan, Murakami and
Wolfe
Late: Moran
Absent: None
City Attorney Riback was present
PLEDGE OF ALLEGIANCE
MINUTES
Chairperson Asfour informed the Commission that he received a phone call from
Commissioner Moran indicating that she would be late this evening and that she stated that
she had no corrections to the minutes.
BY CONSENSUS, THE COMMISSION DEFERRED APPROVAL OF THE MINUTES
TO THE END OF THE AGENDA DUE TO THE NUMBER OF INDIVIDUALS
PRESENT FOR OTHER ITEMS ON THE AGENDA.
ORAL COMMUNICATIONS
No comments were offered.
REPORT OF POSTING AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
May 20, 1994.
Technical Corrections to Packet
No corrections were noted.
CONSENT CALENDAR
PUBLIC HEARING CONSENT CALENDAR
1. SD-94-001 - Bean; 14024 Saratoga Ave., request for Tentative Map approval to
subdivide a leve13.19 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
Planning Commission Mi~s •
May 25, 1994
Page - 2 -
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 (cont. to
6/8/94 to finalize approval Resolution for Planning Commission
consideration; application expires 8/17/94).
2. DR-93-009 - Sarkosh; southeast corner of Sobey Rd. and Old Wood Rd., request for
Design Review approval to construct a new 5,342 sq. ft. two-story
residence per Chapter 15 of the City Code. The request also involves
an exception to the allowable floor area rule. The site is a vacant
40,816 sq. ft. parcel located within an R-1-40,000 zone district (cont. to
6/8/94 at the request of the applicant; application expires 11/12/94).
3. LL-94-003 - Kirkham/Nchekwobe; 18630 Sobey Rd. & 14314 Old Wood Rd.,
request for Lot Line Adjustment approval to relocate an existing lot
line between a 39,988 sq. ft. parcel and a 18,382 sq. ft. parcel per
Chapter 14 of the City Code. The total area transfer will be
approximately 3,077 sq. ft. Both parcels are located within an R-1-
40,000 zone district.
ON A MOTION BY COMMISSIONERS CALDWELL/KAPLAN, THE COMMISSION
APPROVED ITEMS 1, 2 AND 3 ON THE CONSENT CALENDAR. THE MOTION
CARRIED 6-0 (COMMISSIONER MORAN ABSENT).
PUBLIC HEARINGS
4. DR-94-001 - Finnigan; 1.2308 Titus Ave., request for Design Review approval to
construct a 745 sq. ft. second story addition to an existing 2,347 sq. ft.
one-story residence per Chapter 15 of the City Code. The property is
10,008 sq. ft. and is located within an R-1-10,000 zone district (cont.
from 4/27/94 to allow the applicant time to redesign the proposed
addition; application expires 8/25/94).
Planner Walgren presented the staff report on this item.
CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:37 P.M.
Jim Rasp, 5134 Elrose Avenue, San Jose, civil engineer, informed the Commission that the
plans were modified to address the Commission's concerns as stated on Apri127, 1994. The
improvements include minimizing and reduction of the vertical elements of the house. He
addressed the location of the other two story homes in the vicinity. He did not feel that a
precedent was being set in the approval of this two story addition.
Mr. Paul Finnigan, 12308 Titus Avenue, applicant, informed the Commission that it was his
intent to provide a design that was consistent with the neighborhood and comply with all
City regulations. Taking this into account, he felt that he has made a considerable set of
Planning Commission Mii~s •
May 25, 1994
Page - 3 -
changes since the last meeting to address the concerns expressed by the Commission. He
requested Commission support of the proposal.
Marvin Becker, 12120 Mellowood Drive, President of the Brookview Homeowners
Association, informed the Commission that there were 12 homes on Brookview that have
two story structures. He informed the Commission that the Brookview Homeowners
Association supported the two story addition.
Commissioner Caldwell questioned if Mr. Becker had the approval of the Brookview
Homeowners Association for this two story addition. Mr. Becker responded that there has
not been a homeowners association meeting.
Commissioner Kaplan questioned whether consideration was given to having the addition
moved away from the garage and starting the addition "centrally".
Mr. Finnigan responded that the central start for the addition was considered. However,
the center of the home has a cathedral ceiling and design-wise, would not be desirable. He
was working with the only area that could accommodate a two story addition.
AT 8:47 P.M., COMMISSIONERS CALDWELL/JACOBS MOVED TO CLOSE THE
PUBLIC HEARING. THE MOTION PASSED 6-0 (COMMISSIONER MORAN
ABSENT).
Commissioner Caldwell stated for the record that she was present at the first hearing for
this item and has reviewed the record for the second public hearing. She felt qualified to
vote on this item. She commented that she felt that the applicant has addressed her concern
and appreciated that applicant's willingness to work hard on this redesign.
COMMISSIONERS CALDWELL/WOLFE MOVED TO APPROVE APPLICATION DR-
94-001 AS RECOMMENDED BY STAFF.
Commissioner Wolfe commented that a concern was of the integrity of the neighborhood
and felt that this addition maintains that integrity.
Chairperson Asfour thanked the Finnigans and Mr. Rasp for their willingness to modify the
plans to address the Commission's concerns.
THE MOTION CARRIED 6-0 (COMMISSIONER MORAN ABSENT).
5. DR-94-002 - Kerwin Ranch, L.P.; 13616 Fruitvale Ave., request for Design Review
approval to construct Phase I of the Kerwin Ranch subdivision. Phase
I consists of eight one-story single family residences ranging from 4,182
to 4,769 sq. ft. in size. These eight lots are accessed via an extension
of Ronnie Way, which will terminate in a cul-de-sac. The lots range
from 20,283 to 29,516 sq. ft. in size and are located within an R-1-
20,000 zoning district (cont. from 4/27/94 with direction to the
Planning Cortunission Mi~s
May 25, 1994
Page - 4 -
applicants to increase the Fruitvale Ave. side setbacks; application
expires 9/23/94.
Planner Walgren presented the staff report on this item.
Commissioner Caldwell questioned whether there was a need to amend Condition 4 or add
an additional condition which stipulates a 60 foot setback from the greenbelt corridor and
creek. Planner Walgren responded that the setback condition was recorded as part of
tentative map approval and that the 60 foot riparian corridor easement was not necessary
because the Water District required a large flood control dedication in fee title (restriction
of development by the Water District). She (Caldwell) also questioned tree 66 shown in the
Barry Coats report but not shown on the site plan. She wanted to ensure that protective
fencing was installed to protect the tree. She noted that Condition 11 should also include
a note that states: "Prior to Ground Operation the trees are to be protected from heavy
equipment." Planner Walgren responded that fence installation was required as part of
tentative map approval (fencing needs to be installed prior to removal of any trees from the
property or issuance of construction permits).
Commissioner Murakami stated that he was absent from the original hearing date on this
item. However, he had reviewed the materials and the tapes associated with this item and
therefore felt that he could vote on this item.
CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 7:55 P.M.
James Sisk, DeAnza Properties, representing the owners of Kerwin Ranch, informed the
Commission that he would answer any questions which the Commission may have.
Commissioner Caldwell commented that a fair amount of planting is proposed, some of
which are underneath the dripline of the existing oak trees along Fruitvale Avenue. She
questioned whether the City's arborist, Barry Coats, was able to review the landscape and
drip irrigation plans and questioned whether the plans before the Commission this evening
were satisfactory. Planner Walgren commented that he would need to verify whether Mr.
Coats reviewed the plans before the Commission this evening because these plans were
submitted this evening as a reference to what was approved as part of the subdivision (staff
would look into the status). He (Walgren) commented that the landscape plans were being
reviewed at this time as part of the subdivision improvements. Staff would report back to
the Commission as to the status of the landscape plans.
Commissioner Wolfe commented that on page 44 of the report, a list of neighbors have
signed a petition in support of this application. He questioned whether the neighbors
reviewed the plans. Mr. Sisk informed the Commission that he has met with the adjacent
neighbors on two occasions and that the neighbors stated their support of this proposal.
Commissioner Caldwell commented that she wanted to make sure that the plantings along
Fruitvale Avenue were sufficient and protected. She requested that Mr. Coats review the
plans to ensure sufficient landscape plantings and irrigation system. This was an important
Planning Commission Mii~s i
May 25, 1994
Page - 5 -
piece of property and she questioned whether it was worth asking if the applicant would be
willing to have a landscape architect be present for the placement of the plant materials to
ensure accuracy in planting. Mr. Sisk responded that having a landscape architect present
was a standard practice, with supervision involved. Planner Walgren commented that it was
also the responsibility of staff and the arborist to review and accept improvements to be
installed at time of road improvements. Commissioner Caldwell questioned the paving
under the dripline, and wanted to make sure that Mr. Coats reviewed the plans as he has
done in the past to avoid any impacts. She (Caldwell) commented that there was a notation
in the landscape plans about natural leaf dropping and felt that Mr. Coats would prefer
some kind of mulching. She requested that tree 66 receive the same level of protection as
the other trees on site.
AT 8:02 P.M., COMMISSIONERS CALDWELL/KAPLAN MOVED TO CLOSE THE
PUBLIC HEARING. THE MOTION CARRIED 6-0 (COMMISSIONER MORAN
ABSENT).
Commissioner Caldwell commented that it appears that the storm drains into Wild Cat
Creek. She commented that the City of San Jose has adopted a new riparian corridor
protection policy. One of the things that the City of San Jose was trying to accomplish was
to divert storm drain water away from the natural creeks and drainage ways to prevent
water quality depravation that occurs. She questioned if the City of Saratoga has ever
considered this similar approach? Planner Walgren responded that the drainage proposed
for this project was the common acceptable drainage from an engineering standpoint.
Allowing drainage to go directly into creek with proper mitigation measures can be
preferable to actually draining into a street and collecting more residue then draining into
a storm drain. Commissioner Caldwell commented that she wanted to raise the issue and
that it may be something that the City may want to consider in the future (non point source
drainage program).
Commissioner Wolfe commented that he worked with the City of San Jose's non point
source program and that the City of San Jose was concerned with the run off of industrial
and commercial districts. He felt that it may be something that the City of. Saratoga may
want to investigate.
Commissioner Caldwell commented that she has reviewed the records for this item and that
she was prepared to vote on this issue.
City Attorney Riback suggested that a condition be added relating to the non point source
drainage program to assure the Water Quality Control Board that during construction, that
all actions necessary will be taken to ensure that there is no runoff into the storm drain
system of dirt, debris, etc., from the project.
COMMISSIONERS CALDWELL/WOLFE MOVED TO APPROVE DR-94-002 PER
THE STAFF REPORT, INCORPORATING THE CONDITION AS RECOMMENDED
BY THE CITY ATTORNEY PERTAINING TO THE "NON POINT SOURCE
DRAINAGE PROGRAM AND WITH THE PROVISO THAT STAFF DOUBLE CHECK
Planning Commission Mi~s
May 25, 1994
Page-6-
WITH THE CITY ARBORIST FOR HIS REVIEW OF THE LANDSCAPE PLANS TO
ENSURE THAT THE APPROPRIATE REVIEW HAS TAKEN PLACE AND ENSURE
THAT ALL TREES ARE PROTECTED. THE MOTION PASSED 6-0
(COMMISSIONER MORAN ABSENT).
6. V-94-004 - Barry; 19281 San Marcos Rd., request for Variance approval to allow
an existing carport to be removed and three-car attached garage to be
built in its place. The Variance is necessary to allow the new garage
to be located 3 ft. from the side and 5 ft. from the rear property line;
the Zoning Ordinance requires 30 ft. and 20 ft. setbacks respectively.
The property is 1.4 acres in size and is located within an R-1-40,000
zoning district.
Planner Walgren presented the staff report on this item.
Chairperson Asfour stated that he had visited the site. He commented that it was his
opinion that the garage enclosure will encroach on the oak trees. He expressed concern
that if the garage is allowed to be constructed that far back, that the oak tree would not
survive. There was a protrusion of the garage that would require removal of two pine trees.
If the trees are retained, but end up dying, that would eliminate the screening afforded by
the tree(s). Planner Walgren responded that staff's review of the site concluded that the
bank where the coast live oak was currently growing was not going to be significantly graded
in order to extend the pad and finish off the garage wall. Only six inches of additional earth
would be necessary to be scraped away. Staff did not anticipate any severe damage to the
oak tree so long as activity during construction did not go further than that.
Chairperson Asfour questioned if it would be possible to move the garage wall two feet?
Planner Walgren responded that it could be possible to move the garage forward with the
renovation of this scale.
Commissioner Caldwell questioned if staff had the opportunity to discuss the plans with the
City arborist. Planner Walgren responded that staff has not had the opportunity to discuss
this issue with the City Arborist because the Coast Live Oak was not shown on the site plan
and staff reviewed the plans based on the two Monterey Pines. Once staff became aware
of an existing oak tree, staff did not think that the construction would have a significant
impact on the oak tree. He (Walgren) informed the Commission that the City's arborist was
involved in an accident and was bed ridden and unavailable to staff.
Commissioner Jacobs questioned how close to a tree of this size would a structure be
allowed. Planner Walgren responded that no development within the canopy of the tree
would be best. At a minimum, he felt that you would want to maintain a ten foot setback
from the trunk of an oak tree. In this case, however, there was a situation where a very old
house has historically had a concrete pad graded and poured eight feet from the trunk.
Planning Commission Mir
May 25, 1994
Page - 7 -
Commissioner Jacobs questioned if the tree roots would be endangered or would the tree
roots impact the pad? Planner Walgren commented that the existing pad currently extends
further than the carport and that there would not be a significant change to the tree than
what currently exists. He (Walgren) responded that there does not appear to be any
damage to the existing pad from the roots.
Commissioner Kaplan questioned if the oak tree can be conditioned to require that it be
protected. Planner Walgren commented that a condition is included requiring chips to be
placed under the canopy of the tree to prevent compaction; that the proective fencing be
wrapped around the trunk; and that the tree be pruned by an ISA certified arborist up to
a level to where limbs would not be torn off during construction.
Commissioner Caldwell questioned the calculation on the replacement value of the pine
trees. Planner Walgren responded that staff was not able to obtain a replacement value.
Commissioner Jacobs questioned how much the plans would need to be modified to retain
the pine tree? Planner Walgren responded that if the design was that of a straight line, it
would save the tree.
Commissioner Murakami questioned how much trenching would occur?
Planner Walgren responded that this would be a slab construction, poured at grade. So
there would be a foot or so of compaction with pouring of concrete slab.
CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 8:26 P.M.
Doctor Cynthia Barry, 19281 San Marcus Road, applicant, distributed three letters written
by herself and two adjacent neighbors stating their support for the project. She thanked
Planner Walgren for his assistance in this application. The garage was being requested for
vehicle parking, storage and protective walkway. If the Commission wished to have the
plans modified, she requested that this variance request be continued so that she could
consult her architect. She informed the Commission that the only light to the existing
bedroom was the window that was being recommended be removed. Chairperson Asfour
clarified that the window was not recommended for removal, but that the garage be shifted
close to the window. With regards to the trees, she (Dr. Barry) apologized for the oversight
of the oak tree. She informed the Commission that there would be a four foot clearance
from the garage wall and the trees. The foundation would be bridged to protect the tree
roots. She stated that she would be agreeable to pruning the trees. She addressed the
diseased pine trees and informed the Commission that she has planted redwood trees.
Major landscaping is to occur in the backyard with additional tree plantings to replace the
Monterey Pine. She commented that she would like to save the oak tree if possible. If it
was not possible to save the oak tree, she would be agreeable to planting additional oak
trees. She stated here preference to replacement trees rather than the redesign of the
garage because the garage was designed to compliment the home.
Planning Commission Mi~s •
May 25, 1994
Page-8-
Commissioner Jacobs questioned the longevity of the larger Monterey Pine. Dr. Barry
stated that she had no knowledge of its longevity.
Commissioner Murakami questioned if preventive treatment measures were utilized to help
the diseased trees. Dr. Barry responded that no mitigation measures were utilized.
Commissioner Kaplan questioned if the doorway area was an enclosed one. If it was, she
questioned if this would satisfy Dr. Barry's concern for a covered walkway area. Dr. Barry
stated that the area was not going to be a covered area and would not meet her needs.
Commissioner Caldwell questioned if a new foundation was to be installed or was the
existing pad to be utilized. Dr. Barry stated that she did not know at this time how the
construction would be handled.
Chairperson Asfour commented that part of the value of the oak and pine trees was their
screening effect from the rear. If the two pine trees were to be removed, the home and
garage would be visible from the street. He questioned if there were going to be
replacement trees to screen the view. Dr. Barry responded that replacement trees were
proposed (e.g., redwoods or hedging). Chairperson Asfour commented for the record, that
support or nonsupport by the neighbors does not affect the action which is taken on the
property, but that appropriate findings would be associated with project action.
Keith Miller, adjacent neighbor, commented that the existing structure was an eye sore and
felt that the garage addition would be beneficial and stated his support of the variance.
AT 8:40 P.M., COMMISSIONERS KAPLAN/WOLFE MOVED TO CLOSE THE
PUBLIC HEARING. THE MOTION CARRIED 6-0 (COMMISSIONER MORAN
ABSENT).
Commissioner Kaplan stated her support to Dr. Barry's request for a continuance to allow
her the opportunity to consult with an architect to address the Commission's concerns.
Commissioner Murakami felt that an opinion from the arborist on the health of the pine
trees would be beneficial.
Commissioner Jacobs stated that he does not have a problem with the variance request in
general. However, there exists missing information (e.g., arborist report). He stated his
disappointment that an arborist report was not attained. He felt that valid concerns were
raised (e.g., preservation of the oak tree and Monterey Pine). He was also disappointed
that the architect was not present to respond to questions pertaining to relatively minor
changes.
Commissioner Caldwell questioned the length of time that it would take to obtain an
arborist report. Planner Walgren stated that the City arborist would not be available for
at least ten days, but that staff would contract with another arborist, if necessary.
Planning Commission Mii~s •
May 25, 1994
Page - 9 -
Commissioner Wolfe noted that the design indicates two entrances from the garage. He did
not feel that it would add to the quality of life if the back door located by the breezeway
was required to be eliminated.
Commissioner Jacobs commented that with a minor redesign, the door could be
accommodated. However, the architect was not present to address the feasibility of a slight
change in design.
Commissioner Caldwell commented that from her stand point, approval would hinge on
what the arborist report states. She would want to ensure the incorporation of all protective
measures to save the oak tree.
Chairperson Asfour commented that he would want to see a redesign to allow retention of
the oak trees (e.g., moving the garage forward, elimination of the back protrusion).
Commissioner Jacobs would like to know what the longevity of the tree would be before a
decision was made on the tree. If the longevity was short, maybe it should be removed.
COMMISSIONER CALDWELL MADE A MOTION TO CONTINUE THIS ITEM TO
ALLOW AN ARBORIST REPORT TO BE SUBMITTED. THE MOTION DIED FOR
THE LACK OF A SECOND.
COMMISSIONERS CALDWELL/JACOBS MOVED TO REOPEN THE PUBLIC
HEARING AND CONTINUE THE PUBLIC HEARING TO JUNE 8 FOR THE
PURPOSE OF OBTAINING AN ARBORIST REPORT (TO INCLUDE:
REPLACEMENT VALUE FOR THE TREES, PROTECTIVE MEASURES, IMPACT ON
THE OAK TREES, AND LIFE EXPECTANCY FOR THE PINE TREES) FOR
APPLICATION V-94-004.
Community Development Director Curtis commented that a $1,040 deposit would be
required for an arborist report. The fee associated with this application would be
approximately $520.
THE MOTION CARRIED 6-0 (COMMISSIONER MORAN ABSENT).
THE COMMISSION RECESSED AT 8:51 P.M. THE COMMISSION RECONVENED
AT 9:04 P.M.
7. GPA-94-001 - Amendments to the Northwestern Hillside Specific Plan.
Consideration of amendments to the Northwestern Hillside (NHR)
Specific Plan.
In 1992, the City Council adopted an ordinance amendment which
merged the to hillside zoning districts, NHR and HC-RD (Hillside
Conservation-Residential District) into one district, HR (Hillside
Residential). Portions of the previously zoned HC-RD District existed
Planning Commission Mi~s •
May 25, 1994
Page - 10 -
outside of the Specific boundaries. 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 had directed the Planning Commission to
consider amendments to the NHR Specific Plan deleting references to
the proposed Southwest-Northeast (SW-NE) Road and amend
language relating to the collection and distribution of fees in the
Hillside Development Fund.
Community Development Director Curtis presented the staff report on this item.
Commissioner Kaplan commented that she was not aware of the reason the Commission has
to set up a trust fund for road to be dedicated to the City. Community Development
Director Curtis stated that in the past, monies were collected to provide city services and
street improvements. A trust fund would be set aside specifically for the repair and
maintenance of roads. Commissioner Kaplan questioned if the City Council was going to
shift funds collected originally for road maintenance. Community Development Director
Curtis clarified that the funds to be collected would be utilized for future development.
Commissioner Caldwell stated for the record that she received a copy of letter from Mr.
Denton.
City Attorney Riback commented that a portion of the fund established for the construction
of Swine Road was proposed to be shifted over to a fund to help finance the repair for
catastrophic failure for certain hillside streets. The amount was to be calculated by the City
and certain residents of the area.
CHAIRPERSON ASFOUR OPENED THE PUBLIC HEARING AT 9:15 P.M.
John Heindel, 12468 Parker Ranch Court, president of the Parker Ranch Homeowners
Association, addressed the utilization of a portion of the deposit made to date which does
not include Parker Ranch Court because this was the first he has heard about it. City
Attorney Riback responded that a portion of the funds are proposed to be transferred into
a fund for hillside streets and would come from the contributions which have been made
by the residents of Bass Homes, Tract 770 and Teer Link Ranch. The portion of the funds
that represents the contributions made by all other subdivisions would be returned without
any proposed reduction. Mr. Heindel commented that staff indicated that no
correspondence had been received on this item. However, he has knowledge that several
letters have been sent by Parker Ranch residents. Community Development Director Curtis
responded that the letters were previously distributed to the Commission and were part of
the record. Mr Heindel stated his support of the deletion of Swine Road from the General
Plan for the following reasons: any benefit resulting from the construction of the road
would be greatly outweighed by the cost involved both economically and environmentally;
the road within the Parker Ranch subdivision which is proposed to be part of the Swine
Planning Commission Mii~s •
May 25, 1994
Page - 11 -
arterial were not designed or constructed to adequate standards (e.g., roads too narrow,
grades too steep and the curbs too sharp); constructing an arterial through Parker Ranch
was inappropriate because most of the existing residents do not have adequate setbacks for
frontage on a major arterial street; and change the rural character of the area.
Chairperson Asfour informed the public that the City Council has already made the decision
to remove Swine Road from the Specific Plan. The Commission was merely confirming the
Plan.
Rick Denton, 21770 Heber Way, commented that he thought that the review was procedural
tonight but that it was not obvious in reviewing the agenda. He commented that a number
of neighbors were present representing Teer Link Ranch supporting the removal of Swine
Road. He clarified one issue with regard to the trust monies. In not building Swine Road,
that money must be returned to the people that contributed to it. In working with the City
Attorney, City Manager and City Engineer, an arrangement has been worked out whereby
a portion of that money would go into the new trust fund (insurance fund) to address
possible major repairs or catastrophic failures that may occur after street dedication. Teer
Link Ranch was in general agreement with the amount of monies to be held back. He stated
his support of the overall procedure.
Community Development Director Curtis recommended that anyone forwarding
correspondence to the City provide copies to staff so that it can be included in the staff
report.
Ken Riding, 21836 Villa Oaks Lane, Mount Eden Estates, representing the 231ots in Mount
Eden Estates, indicated their support of the deletion of Swine Road. Numerous discussions
have occurred with staff regarding the trust fund and that they are in close concurrence with
staffs recommendation. He requested Commission support of staff's recommendation.
Rolf Brauchler, 13951 Damon Lane, representing the Bass Subdivision, stated that the
subdivision supports and concurs with staffs recommendation.
AT 9:28 P.M., COMMISSIONERS CALDWELL/JACOBS MOVED TO CLOSE THE
PUBLIC HEARING. THE MOTION PASSED 6-0 (COMMISSIONER MORAN
ABSENT).
Community Development Director Curtis commented that there were a few places in the
Specific Plan that refers to the Northwest Hillside Specific Plan and that staff would be
adding a statement in the introduction section that reflects a change in title and that there
was an amendment in time so that a history is contained in the document itself.
City Attorney Riback responded to the question by Commissioner Kaplan for the need of
a trust fund and the whole basis for it. He stated that the policy of the Specific Plan as it
now stands without any modifications has always contained language that recognizes the fact
that roads built in the hillsides present a much greater financial risk to the City for
maintenance repair.
Planning Commission Mi~s
May 25, 1994
Page - 12 -
COMMISSIONERS CALDWELL/JACOBS MOVED TO APPROVE THE DRAFT
SPECIFIC PLAN REVISIONS FOR GPA-94-001 AND RECOMMENDED CITY
COUNCIL ADOPTION OF THE DRAFT REVISIONS AND ASSOCIATED
ADDENDUM TO THE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT. THE
MOTION PASSED UNANIMOUSLY (6-0 WITH COMMISSIONER MORAN ABSENT).
MINUTES
April 13, 1994
ON A MOTION BY COMMISSIONERS CALDWELL/WOLFE, THE COMMISSION
APPROVED THE APRIL 13, 1994 MINUTES INCORPORATING COMMISSIONER
CALDWELL'S AMENDMENTS AS OUTLINED IN HER FAX, INCLUDING ONE
ADDITIONAL CORRECTION TO PAGE 6, PARAGRAPH 3 TO READ:
"COMMISSIONER CALDWELL REQUESTED CLARIFICATION REGARDING THE
ROUTE WHICH THE SHUTTLE BUSES WERE GOING TO USE." THE MOTION
CARRIED 6-0 (COMMISSIONER MORAN ABSENT).
May 3, 1994
ON A MOTION BY COMMISSIONERS CALDWELL/KAPLAN, THE COMMISSION
APPROVED THE MAY 3, 1994 MINUTES WITH THE FOLLOWING AMENDMENTS:
PAGE 6, SECOND PARAGRAPH AMENDED TO READ: "COMMISSIONER
CALDWELL QUESTIONED WHICH CREEKS OR WATERWAYS THE
ONSITE RUNOFF WERE X41= FI~1~131.'"1"1~:1) ~'F'(~ 'I'Itltil.J"I'ARY. MR. IVELICH
RESPONDED THAT HE «'~~S N U'1' S UIZL ~'~'111Ct 1 CREEKS OR
WATERWAYS THE ONSITE RUNOFF WERE 't'l~ t fil..'1;4It ~'
TO."
PAGE 6, PARAGRAPH 3, REPLACE THE WORD "S~" WITH "~?~?'"
PAGE 6, PARAGRAPH 4, TO BE AMENDED AS FOLLOWS: "...HE FURTHER
STATED THAT PHASE II WOULD NOT OCCUR WITHIN FIVE YEARS AND
THAT IT WAS UNCERTAIN WHEN PHASE II WOULD COMMENCE,
:..................
EVER...."
..................
...................
..................
...................
PAGE 7, PARAGRAPH 4, AMENDED TO READ: "MR. SCHWARTZ
THANKED THE COMMISSION FOR C'l.)til)l;C::'1'tNG THIS
OPTIONAL SLOPING SESSION AND STATED THAT HI/ APPR!/C1A'1'ED...HE
FORMALLY REQUESTED THAT TWO MEMBERS OF THE COMMISSION
~ THEMSELVES...."
...........................
..........................
...........................
...................... .
PAGE 13, PARAGRAPH 6, AMENDED TO READ: "COMMISSIONER
L QUESTIONED IF THE CITY HAS
REMODELING OF THE EXISTING BUILDINGS. COMMUNITY
Planning Commission Mi~s
May 25, 1994
Page - 13 -
DEVELOPMENT DIRECTOR CURTIS COMMENTED THAT HE WAS NOT
AWARE THAT THE CITY HAD PLACED A "STOP WORK ORDER" CAUSING
I'IZO.Ih(::'I' I)I:I.~~Y. III: ,'1I.,S(.) C'1.,1Iti1=iF•,T) 'I'I I:'1'r' lli•i WnS lti(:)T A~b'Ai~'f: OF
f1NY .~V'PL,1(;~~'i'10\ liiil~Ci CO\SIl)F:Ri~t) I3Y '1'1lf: OI)D I°CI_L.UWS FOR
It1:1~1(:)1)FI.ItiC; (')'1'I il:lt 'I'I if\N' 'I'I I1~ O:~'1: 'I'i I~~"I" ~V~\S BI';I~~ORF-. '1'F~rI:
C:C)1.T1~~rISSiC.)N Atil) '1-11:x'1' "!'O :~C:('O~IPL.ISII :~ rtt?:~1C)DEL. ~ti~C)ULD
I'It0I3AI31.Y J[.:S~l' I~IC)l;llii ;1 I3[.il.,l)ING I'1:1~'4II'I' ISSU.htiC[ IiY '1'Illi
C:r'rv. III: (c.~[;1rrIS)...."
PAGE 14, PARAGRAPH 14, LINE 12, AMENDED TO READ: "MENTION OF
CONSTRUCTION TRAFFIC AND RECOMMENDED THAT ALL PHASES OF
^'"~a '1"l l F: I'R(')J F:C'I', INCLUDING CONSTRUCTION BE
INVESTIGA`l'1/ll...."
Commissioner Moran entered and was seated.
THE MOTION CARRIED 5-0-2 AS FOLLOWS: AYES: CALDWELL, JACOBS,
KAPLAN, WOLFE, ASFOUR; NOES: NONE; ABSTAIN: MORAN, MURAKAMI;
ABSENT: NONE.
Mav 11, 1994
ON A MOTION BY COMMISSIONERS WOLFE/CALDWELL, THE COMMISSION
APPROVED THE MAY 11,1994 MINUTES WITH THE FOLLOWING AMENDMENT:
PAGE 2, ITEM 1, PARAGRAPH 6, AMENDED TO READ: "COMMISSIONER
CALDWELL THEN LISTED SEVERAL SPECIFIC ITEMS SHE FELT SHOULD
BE INCLUDED IN THE ENVIRONMENTAL INITIAL STUDY CHECKLIST.
SP1C11~ICAI.I..Y, C:I fI::C:Ki.,iS'1' I'CI1~~iS 3 (c) .'~NI) (c); S (~t),(b), ANU (c); fi (b);
THE MOTION CARRIED UNANIMOUSLY (7-0).
DIRECTOR'S ITEMS
Community Development Director Curtis commented that the second meeting in August
has traditionally been canceled due to vacation schedules. He questioned if the Commission
wished to cancel that meeting.
IT WAS THE CONSENSUS OF THE COMMISSION TO CANCEL ITS AUGUST 24
MEETING.
He reminded the Commission that in June, the work session would be June 14 (not June
7). Also, a joint work session is scheduled with the City Council on June 21. However,
confirmation has not been received from the City Manager. So he did not know what the
Council's thoughts were on the work session. He recommended that the June 21 work
• • Planning Commission Mii~s
May 25, 1994
Page - 14 -
session be canceled due to the upcoming elections with the next work session being
scheduled in October.
IT WAS THE CONSENSUS OF THE COMMISSION TO CANCEL THE JUNE 21 JOINT
WORK SESSION.
COMMISSION ITEMS
Commissioner Kaplan notified the Commission and staff that she would not be present at
the June 8 meeting.
COMMUNICATIONS
Written
1. City Council Minutes - 5/4, 5/10, & 5/12/94
2. Public Notices for the 6/8/94 Planning Commission Meeting
Oral
City Council
ADJOURNMENT - There being no further business, the Commission adjourned at 9:42
p.m. to 7:30 p.m., June 7, 1994, Senior Adult Day Care Center, 19665 Allendale Ave.,
Saratoga, CA.
IRMA TORREZ
MINUTES CLERK