Loading...
HomeMy WebLinkAbout10-14-1998 Planning Commission Minutes• CITY OF SARATOGA PLA\~tilivG COl\~1~~ISSI0~1 ti1I~TLTES ~Z'EDI~TESDAY, OCTOBER 14. 1998 Civic Center. 13777 Fruitvale Avenue. Saratoga. CA Regular Nleetin~ y Chairman Pierce called the meetin~7 to order at 7:30 p.m. Roll Call: Present: Commissioners Bernald, Kaplan, l~iartlaae, Murakami, Pane, Patrick and Chairman Pierce y Absent: \one Stafl: Director ~~'al~~ren Pledge of Allegiance Minutes -September 23, 1998 On a motion by Commissioners Bernald.: Kaplan the Commission approved the September 2 ~, 1998 minutes. amending page l 1. line ~ to read: "...one lame area. and that access to the 1 subdivision be where the little home exists. She said that she does not support the application and expressed concern with the long shared drive«~av. It was her belief that a land use attorney could determine ° ^+ ° ~'~~•~°~•-°~~^*"°~ *"°~'~•• ° °"°r°a ° ° ° ~'-~~-°~~-°~• an alternative that would allow the existing? small homer to use a portion of the lar~~er lot without ~rantin~ a shared access easement ... "The motion carried ~-0-2 with Commissioners Martla~~e and Patrick abstaininu Oral Communication do comments were offered. Report of Posting Agenda Director ~~-algren declared that pursuant to Government Code ~=19~=1?, the agenda for this meetine was properl~~ posted on October 9, 1998. Technical Corrections to Packet Director ~~`algren informed the Commission that there ~i-ere h~-o corrections to the packet as follows: - Item~7 - :approval resolution, page ~, third to the last paragraph should reference the main structure. not the guest house. - ltcm~6 -Replacement resolution which contains a number of amendments to the resolution that arc not substantive in changes but reflects the most recent meetin<~s with the applicant and the Saratoca Fire District Chief to restructure some of the fire protection • • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 2 - conditions. The resolution ryas further amended to include the standard condition that limits the number of «-ood burning iircplaces for all ne«• home construction in Saratoga to reflect the recently adopted ordinance. COHSE\T CALENDAR 1. l;~P-98-010 (379-25-0=11) AH1~lADIA\, 14031 Saratoga A~•enue: Request for Use Permit approval to construct a 400 sq. ft. detached garage at 1 ~ tt. in height in the rear yard setback as close as 2 1't. from the rear and side property lines. The plans also include a 339 sq. ft. addition to the second floor and a 1 l 2 sq. ft. addition to the first floor oi~ the existing= 1.446 sq. tt. residence. The site is 7,00 sq. ft. and is located in an R-1-20.000 zoning district. (CONT11=ti ED TO 10/28/98 :~T THE RECOyIV1E1~DATIO\ OF STAFF TO RE-ADVERTISE PROJECT] 2. DR-98-036 (510-03-001) -BEAN, 15310 Pepper Lane; Request for design rcyie~y approval to demolish an existing single-stor- residence and accessory structure and constn~ct a 6.2=10 sq. ft. single-story residence ~yith a maximum height of 23 ft. 8. in. on a »,070 sq. ft. lot. An existin~~ 88 sq. ft. basement is to remain. The site is located ~yithin an R-1-40.000 zoning district. (CONTI\UED TO 10/28/98 AT THE REQUEST OF THF. APPLICA\T) 3. UP-98-012 (512-18-042) - SO, 20650 it`iontalvo Heights Drive; Request for L?se Permit approval to allow a 12 it. tall "recreation room" structure to be located ~yithin a required rear yard setback. The property is 1.14 acres and is located ~~°ithin an R-1-40,000 zoning district. CO~~IMISSIONERS PATRICK`BERtiALD MOVED TO Al'PRO~'E CONSENT CALENDAR ITE\~1S 1-3. THE MOTIOiN CARRIED U'~ANl~10LSLY (7-0). PUBLIC HEARINGS 4. C,~P-98-O1 l (503-24-009) - K.A~IKAR/CANCELLERI, 1=1445 Big Basin VVa~~: Request for Use Permit approval to open a gourn~et grocers- market ~yith sales of import and specialty beer and «-fines (no onsite consumption is proposed). "Che buildinv is 2.700 sq. ft. and is located in the Commercial Historic 1 zonin~~ district. ------------------------------------------------------------------------------------------------------------- Director ~?~"al~ren presented the staff report. He distributed the color scheme for the proposed a~i°ning. He indicated that an a~i~ning is proposed to go across the entire frontage of the building. Chairman Pierce opened the public hearing at 7:43 p.m. Kate Kamkar, applicant. stated that the use of neon signage ~yould not tit the image that is to be created ~~ith the business as it is to be an upper scale, Saratoga market. • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 3 - Commissioner Bernald asked if ~1r. and Mrs. Kamkar are the couple that remodeled Rapunzel's hair salon? If so, the Commission can envision the qualit~° that is to be put into this market. ~1rs. Kamkar informed the Commission that she and her husband remodeled Rapunzel's and that the same cre~z- plans to «~ork on the market. in response to Commissioner iVi~trtlage's question. Mr. Kamkar responded that take out food is not being proposed at this time. Commissioner Kaplan etpressed concern ~~~ith the color of the a«-nin~s and stated that she did not believe that it ~~•as compatible with the Village. She recommended the elimination of the stripe and that an alternati~~e be used (i.e.. solid mining with the use of color contained in the signage and the logo). ;\~lrs. Kamkar said that in loolcin~ at the other buildings in the vicinit~~, the mining is soft and subtle. She said that it would be difficult to comprehend the entire theme of the colors under the lights on a spec drawing. She said that she «~ould consider chancing the a«ning if that is a problem. y t~lr. Kamkar felt that the colors «~ould compliment the decor of the building. Commissioners ~furakami`Bernald moved to close the public hearin~* at 8:4~ p.m. Commissioners Kaplan:~~lurakami moved io reopen the public hearing at 8:46 p.m. No further comments bein~* offered. Conunissioners Patrick;'Bernald moved to close the public hearing at 8:47 p.m. y Commissioner Pa~~e stated that he liked the a~~nin~ and the use of the stripes. He felt that the market without the complexity- of a service-t~-pe of deli would be a nice addition. Therefore, he could support the request. Commissioner Martlage said that she did not object to the awning and that she ~~-ould support a take out deli at some point in the fitture. Commissioner Patrick stated that she did not like the striped awning until she saw the color scheme presented this eveninv. She stated that she no longer opposed it. Commissioner Bernald said that she liked the striped awning and that she was excited about the idea of a market. Shc said that should a restaurant'deli be proposed in the future that it return to the Commission for use permit review and approval. • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 4 - Commissioner !~lurakami said that he has no objections to the awning. Had bright colors been used «~hich could be spotted. he ~~~ould recommend that the colors be toned do~ti~. He said that the colors. as proposed, were acceptable. Therefore, ho «-ould support the request. Commissioner Kaplan asked if a restaurant is defined in the code as an eating in place? She said that she did not consider a deli to be a restaurant. Director ~~'algren said that should the use be expanded to include a restaurant or deli-t~~pe activin-, it would require a modification to the use permit. I-le said that food prepared on the premise and taken off the premise ~~-ould not necessaril~~ be del7ned as a restaurant. Therefore. a deli could be ~~°ithin the scope of the use permit before the Commission..He said that staff could determine if take out foods would not require an amendment to the existing use permit or the Commission can specii'~~ that if an~~ food preparation activity for consumption on site or off site are proposed. the use permit is to return to the Commission. Commissioner Kaplan did not believe that it ~~~as necessary for the deli to return to the Commission for an amendment to the use permit. She said that settin~~ up a restaurant and puttinv out tables to serve food on the premise is one issue but that preparing food for individuals to take out or sand~~~iches to carry- away- are perfectly- acceptable as a market Junction as other markets are providing this service in other areas. Director ~'l~al~Jren stated that if the Commission concurs ~t-ith Commissioner .Kaplan's comments. there would be no need to alter the use permit as dratted. Chairman Pierce lound the proposed market to be acceptable as yell as the a~~•ning ~~~ith the use of the muted colors. O\ a MOTION BY COVI~IISSIONERS PATRICK'1~1.ARTLAGE. THE COi\~1~11SSION L~aNIi`~10USLY (7-0) ~PPRO~'ED RL-SOLUTIO\? \TO. UP-98-O11 PER STAFF'S RECOI~1MEti D ATION. ~. F-98-002 (~03-1~-059 & 503-1~-064) -HOUSE - 13320 & 13340 Old Oak «'a~~ (Lots 10 & 11): Request for approval to construct a fence to enclose more than 4,000 sq. ft. of site area. Total sq. ft. of both lots is l.0 acres. "fhe site is located ~~-ithin a I-lillside Residential zoning district. Director ~Valgren presented the staff report. Chairman Pierce opened the public hearing at 7:~3 p.m. Ron ~'~'igenton, landscape architect. requested that Section 1. Condition 1 be amended to read: M PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 5 - "Applicant shall verify that the fence on lot ~ 10 is located 30 feet from the Old Oak ~~`av right- „ ~ - ol~ «av. Director ~~`algren recommended that Section 1, Condition 1 be amended to read: "Applicant shall ~ erif~° that the fence is located 30 feet from the road right of way on lots 10 and 11." Commissioners Patric);,-Bernald moped to close the public hcarin~~ at 7:~~ p.m. Commissioner Kaplan thanked the contractor for gi~~ing the Commission the opportunit~~ to vie« the home as it «~as found to be exquisite. She stated that she did not like the fence. She felt that «~hen individuals bu~ hillside property. one has to take ~~hat comes with the hillside. She said drat a fence around the house for security reasons is one thine and that constructing a six foot fence to keep deer out is another. if enough fencing is built to keep deer off to this property. it «-ill only force the deer onto somebody else's propem-. She said that deer may be a pain. but they- exist and come «ith the territory. Therefore, she could not support the enclosure of four acres of land ~~ith a fence as it «-ould be contrary to ~i-hat has been approved in the past. Commissioner Vlurakami said that he «~ould support staffs recommendation and approve the request based on safety. He said that the visibilit~~ factor is one that he considered and that he did not have an.~ objections to the request. Commissioner Bernald said that in tr~°ing to remember the revie«~ of other applications before the Commission. the Commission has never had the substantial coverage from topography and landscaping that it has in this situation. Even though it bothers her that there is a request to fence in more than 4,000 square feet in area, she could support the request in this particular application. Commissioner Page said that he could support the request and felt that a lot of good ~~ork has gone into the design of the home to ensure that it tits the topo~=raphy. that it is screened b_v trees and that the fence Mill not be ob~~ious. Commissioner Martlage concurred that the sensiti~ itv of the desi~=n of the house is apparent and expected that it ~-ould continue ~~ith the fencing. ~Therelorc. sho could support the request. Commissioner Patrick said that she could not support rite request because 4.000 square feet doubled on t~•o lots gives you an 8.000 square foot fenced area. She ~t-as not thrilled about fencing the area as it forces deer onto other individual's property. She felt that a sensitive and ver~~ exquisite job has been performed on the design of the home. She felt that an alternative solution can be found to so1~-e the applicant's problem. As too much fencing is bein~~ requested. she said that she could not support the request. y Chairman Pierce agreed that an expanse in fencing is being requested but that the request is for a purpose. Ile felt that it ~i-ould be successful in keeping deer out of the vineyard. He felt that the PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE-6- fence «°as designed so that it ~~ould not be obtrusive and that the communit~~ ~i-ould see little of the fence. Therefore, he could support the request. Commissioner Patrick said that b~ approving the request. the Conunission «ould send a message that an~~one residing on the hillside ~~-ho loses ve~_etation to deer have a justification for a fence. She felt that b~~ approving the request. the Commission ~~~ould be fencin~~ all the hillsides. ON _<1 1\~1OTION BY CO~~iI~fISSIONL-RS BER\ALDP.~GE. TH:E COVIMISSIO\T APPROVED RESOLI~TION NO. F-98-002. THE i\1OTI0\ CARRIED ~-2 ~~'ITH COMi~IISSIO\ERS KAl'LAN _~ND PATRICK VOTING NO. 6. UR-98-022 (397-11-047) - T7_.OU. 1030 Oriole Road: Request for Desi~m Revie«- approval to demolish an existing 1,01 sq. ft. residence and construct a new 4.09 sq. ft. home, 26 feet from natural grade. on a 30.971 sq. 1t. lot. The lot is located in an R-1- 40.000 zoning district. D1reCiOr ~~'algren presented the staff report. I-Ie said that the plans belorc the Commission address the majority of concerns pre~-iously raised. He recommended approval of the design re~-iew application subject to minor modifications as suggested in the stall report. He said that tree protection measures were a critical factor in reviewing this project. This «-as complicated by the cite arborist's desire to retain the more significant native oaks on the site and also meet the Fire district's efforts to get a reasonable emergency vehicle turn around on site. He said that the emergency vehicle turn around has been the most difficult component of the project. He informed the Commission that Fire Chief Kraule «-as present this e~-ening to ans~°cr any questions that may arise regarding the turn around issue. He said that staff is prepared to make a recommendation of approval of the project subject to the conditions contained in the resolution. I-Ie said that the only changes made this evening are related to tree ~7. noting that it may not be possible to meet the fire district's requirements and also retain tree ~7. Therefore, a condition has been included in the resolution that tree ~7 shall be retained if possible. If not, its value «-ould be added to the replacement tree requirement. The resolution has further been modified to clarify that the measures outlined in the staff report are subject to the fire chiefs appro~-a1. If there are changes to the plans made this evening that ~yould not have to come back to the Planning Commission in terms of drive«-a_v reconfiguration. the fire chief ~~-i11 have the authority to make those appro~-als. Commissioner Bernald said ai the site ~•isit. the Commission talked about havinv the fire trucks enter the site from the open space area. She requested that staff address this issue Director ~~'algren said that access to the site ii•om the open space area Sias raised early in the project submittal process and that it was discoura;.ged by staff for several reasons. It ~~°as again raised at the site visit by the Plamiing Commission and that this alternative ~z-as presented to the fire chief. I-Ic said that the fire chief ~~°as prepared to speak to the many dra~ybacks to this access • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 7 - ~-ersus accessing the site ol'f ofi Oriole Road. Further. this alternati~•e ma~~ be a mute point as he continued ~°ith the Cite Attorne~~ that the city ma~~ not lei=a11~- be able to ~~rant an easement o~~er a pri~~ate propert~~ use across a public dedicated open space easement. It ~~~as the cite attorne~~'s opinion that c~~en thou~?h ~-ou might sa~° that a fire district is a quasi public agency-, iii the proposal e~•as to pro~-ide an easement that the fire district «-as requestin~7 to sere a public area. the city- can make the case that this is a public use of~ the land. The cit~• attorne~~ did not belie~•e that ~rou could justit~° access across public open space to a single lot as a public use of the land. Commissioner Pierce asked if the house is lire sprinklcred? Director «'algren said that condition l Od recommends the installation fire sprinklers throuC7hout the garage and entire residence. Chairman Pierce opened the public hearing= at 8:08 p.m. ~1r. Tzou. applicant, stated that at the site ~ isit, he presented the Commission «-ith a handout describing his design ideas. I-le stated his concurrence ~L-ith ele~-ation Conditions a. b. d and e. Regardin~~ the height of the stair to«er (condition c). he said that if ~-ou look at the ori~~inal design submittal. the to~~-er «•as lo«er than the main roof. During the process in ~t-orkin~ «-ith platming staff, se~~eral trade offs occurred based on mane different factors. One important factor «-as the input from the arborist. He said that there is an existin~~ dri~-e«-a~- in place ~z-ith ~_=nest parkin~_= located above the existing dri~e«a~-. His original plan~«as to lo«°cr a portion of the drive«-a~_~ but that in order to do so ~i-ould result in ~radinv the drivc«°av. This ma~• result in root dama~=e to the surrounding trees. li ~~-as recommended that the gara~~e entrance remain unchanged. If required to more the ~,:ara~e. it «~ould result in the collapse of the roof line and that the garage ~-ould obstruct a ~~~indo«~. He said that the front elc~-ation ~~•as not their orig=final design but that it «~as a product of a trade off process «-orking «~ith the arborist. Regarding the emer,enc~~ access, he said that he «-ould accept and- decisions or mandates b~~ the city-. He said that he has been throu~~h the design process for a long time. I-Ie requested a resolution so that he can move ahead. He informed the Commission that the 30 neiUhbors surroundine the home supported this project. Commissioner Patrick asked if 1`r. Tzou plans to remo~~e the ~~iring, electrical outlets_ and conduits that are found on the trees. She recommended that the remo~-a1 of these items be included as a condition of appro~~al. ~1r. Tzou informed the Commission that be plans to remo~-e the electrical ~i•irin~~ identified b~~ Commissioner Patrick. Commissioner Bernald referred to dra«inR A that depicts the gamble roof that Mr. Tzou has a~==reed to remo~-e. She said that once the C7amble roof design «-as remo~-ed. she realized that the e~~ebro~~- windo~i- located abo~~e the li~•in~~ area is not proportional to the size of the lo~~-er ~~~indo«•(sj. She «~as hoping that once the gamble rool' «as remo~~ed that the e~~ebro«~ (arched) ~~-indo~i~ «•ould expand to match the lo~i~cr set. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 8 - Robert .Iohnson. 1 X043 Oriole Road. stated that the applicant has agreed to the changes requested by stall. He requested that the Commission approve the request to allow this application to move for~yard. He stated his support of the tlnal design. Regarding the road that leads to the home, he said that the road has been the subject of many concerns since the earh~ 80s. He said that the lire chief has been involved and that he is resolved «-ith the fact that the drive~~a_v is of a suflicient «-idth. I-Ic said that he .vas surprised to hear tonight that there is a problem. He said that he would like to see the documentation from the fire department relating to the drive«~a_v and felt that it was time that something be put in ~~riting to resolve the drive«-av issue. Tames Compton. l X040 Oriole Road. read and submitted a letter to the Plannin~~ Commission in support of~ the `~Ir. and IV1rs. Tzou. lie stated that he «-as basically in agreement with staffs recommendations assuming that the exterior colors (painted beige ~yith off-«~hite trim and a Brae slate root) arc the best colors that would blend in «-ith the natural surroundings. He said that the home ~yould be closer to him than the present home to be demolished. It ~yill be a hiUher elevation. closer to his elevation than the existing home and would be considerable more massive. IIe requested that the new structure be as unobtrusive as possible. He recommended that the drivewae area above the concrete parkin~~ pad located next to the «•ood fence that goes alon~7 the property line be planted ~yith 4 or ~ specimen sized trees that «-ould gro~i~ to a height of no more than 8 to 10 feet. This ~~ould help to obscure the yie« of the ne~y home from his deck and yard and not be so high as to cut off the yie~y of the distant vallee. Of major concern to him is the possibility of «•idenina the driye«ay to have a 12 to 14 feet «-idth with 1 foot shoulder. I-Ic said that the existing= driye«-av measures approtimately l 1 leer. One additional foot widening= appears to be all that can be done ~yithout major damage to the roots ol• numerous large oaks to«-ard his side of the drivewae. He said that these oaks are beautiful and provide a significant view comin`T into his drivew~av. He said that he has not reyie~i•ed the colors proposed for the home. Upon revie~y of the color board. Air. Compton stated that he would rely on the judgement of the planning staff. He requested that the color of the homes blend as much as possible to the natural enviromnent. ~~irs. Tzou said that she ~yould not oppose the planting of additional trees at the upper drivcwae area to address ~1r. Compton's concerns. Director ~~'alUren said that upon the initial submittal of the application. the fire district sent stall their standard list of requirements. This information ryas forwarded to the applicant. The requirements ~yere to «•iden the driveway to 16 feet and to provide a .i i-foot minimum inside radius turn around at the site. He said that staff has put in a lot of time consulting ~i~ith the fire chief to come up with the condition contained in the resolution. He said that the conditions contained in the resolution are not ne~y and that they have been included in the project tile. He informed the Commission that the turn around does not meet the minimum turn around requirements. understanding that tree ::=7 mae have to be removed to resolve this issue. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 9 - Fire Chief Kraule stated that this is the first application he has had to revie~~ in the last ?? ~~ears that he has «~ritten conditions for. I-Ic said that the dri~-e~~-a~•. as it exits toda~~. does not meet the minimum standards of the fire district of 14 feet plus one foot shoulder. I-Ie said that he «-as willing to minimize the impact to the trees and driye«av and still make it safe for lire equipment to drive do«-n the drive~~av to the residence. He agreed to a 13-foot driveway ~°ith a one foot shoulder. I-Ie said that he is «•orkin~~ ~~•ith cite planners and the applicant to come up ~-ith a lo~~ical turn around «-ithout having to tear up half the mountain or remove several trees. A reasonable turn around has been reached which would impact tree=7 which would alto«~ a fire truck to make a turn to ~=et out of the drive~ya~-. He said that he is faced ~~°ith an existing problem and that he «°as trying to make the best out of an existin~~ problem without impactin~~ the entire area b~~ removinv tree ~7. widening the drive«-a~~ to a minimum standard and cam- on ~~°ith the project. Commissioner Kaplan said that there ~~-ere comments reQardin~~ access to the site from the rear at Crisp Avenue where she understands there are existing fire h~~drants within the distance required to lay lire hoses. Fire Chief Kraule said that he visited the site this afternoon and noted that the distance from the exitin~~ ln~drant where the house is located is be~~ond a X00-foot distance. Therefore. a tu•e hydrant would have to be placed on the access road leading to the rear of the residence. Commissioner Kaplan asked it the new home proposed was pushed back closer to where the existing home sits. ~~rould the lire department be able to access the home from the Crisp site should it be authorized? She noted that the open space is a short piece of traversing empt~~ land and felt that the lire department could hack the lire truck right up to the home because there are 110 CIII'yeS. mountains or trees. It would be-a straight shot to the back of the house. Fire Chief Kraule said that the fire department has to get a fire truck to the home as close as possible to the building to li~~ht a fire. IIc said that he understood Commissioner Kaplan's comment. He guesstimated that it was approximatel~~ 600 to 700 feet lrom Crisp 1~°enue down the private road to the back of the existin~ home. Thus. there would be no difference in acci=ss distance from Oriole Street. Commissioner Kaplan said that this issue troubles her. She recommended that this application be continued to a study session to review alternatives. She felt that the proposed drive«•a~° from Oriole Road is a nivhtmare and that she could understand Fire Chief Kraule's concern with a truck or emer~~enc~° vehicle in a rain storm or other situation. She said that it made sense to her to access the site from the rear because it is Ilat_ fire hydrants are in place in the vicinity and noted that there are many easements in place. She did not believe that one more easement would make a big difference. This would result in not havin~~ the lire trucks back out 600 feet as it is a shorter access to the home. • i PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 10 - In response to Commissioner Patrick's question. Fire Chief Kraule said that a standard is to have a home located as close as possible but w°ithin X00 feet from a fire hydrant. Also. trucks have to be w°ithin 7~ to 100 feet. He said that a fire truck has to be thought of as a carpenter's tool boy. Fire personnel have to get their tools out of the tool boz. The closer that the fire department can get the tool bos to the job site. the better they arc able to provide fire safet~~. Director ~~`al~~ren reiterated that staff has been told by the City Attorner• that it does not have the option of considering the use of the public open space to serge a single parcel. Stair can pursue this issue fi~rther and obtain a written opinion from the cit~• attorney-. He said that Fire Chief Kraule discussed with hlnl another constraint that has not been discussed this evening. ~fhe constraint is the logistic of a fire station receiving a call for a fire on this propert~~ and accessing the site tllrougll the open space easetnent. ~I-11e fire station system ~~~ould log in an address on Oriole Road and the concern that it may difficult for a future fireman to understand that you access the site from Fruitvalc, down Crisp. do~yn the trail. across the open space and through a <~ate to ~~et to this particular address. Therefore. the fire hydrant issue w°as not the primar~~ constraint. Commissioner 1\lurakami said that it «-as his understanding from Fire Chief Kraule that e~~en ii' an access «-as approved and easements secured. physicall~~. the (ire truck cannot get close enough from the rear access to effectively fi~~ht a lire. Fire Chief Kraule confirmed that the way that the home is desiRned_. the ti re thick could not physicall~~ ~~et close enough to the home to fiUht a iirc. bir. Compton said that he did not see how the driye~i-av could be widened to 14 feet «-ith a foot shoulder without damaging the e?~istin~~ lame oak trees. Director ~l'alaren clarified that staffw-ould be willinu to accept a minimum 12-1=1 foot driye«•a~~ specificall~~ to ~o around as many_ of the trees as possible and not the required 16-foot width. Staff could further clarify- in the resolution that the city arborist is to be on site prior to any drivcw~a~- construction activity and to consult with the drive«~av contractor as to how this to take plate. ~-1r. Compton stated that he would like to see the arborist involved before this point to make sure that «-hatever is decided is not seriously ~~oing to dama~~e the roots of the trees. l-[e felt that it would be too late once they started construction of the house. Commissioners Patrick.%Murakami moved to close the public hearing at 8:37 p.m. Commissioner ~~lurakanli commended the applicant l:or his cooperation with this application. IIc felt that the design issues have been solved as far as the applicant"s willin~~ness to modif~~ the plans. IIe said that the issue comes do~yn to the access. He said that he was hoping that the rear PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 11 - access could be ~~-orked out as it would have been the perfect solution. Based on Fire Chief Kraule's comments that the fire trucks could not physicall~° vet close enough to the home to effectively fivht a tire. the onl~° reasonable course of action left is to take the normal access route ~yhich is unfortunatel~~ lined ~i-ith beautiful oak trees. ~Z'hen ~~ou look at the width of the drives;-a~~ and see ho~~ close the trees are to the current dri~~e«-a~-. one can seo the difficult_~~ in placing anvthin~~ in there ~i-ithout dama~inv some of the trees. It has been stated that tree = 7 has to be sacrificed. He said that at far as the house design, he has no objections to approving the house with the recommended changes..<~s far as tho access, he ~~-ould ha~~e to vo along «•ith both the fire chief and staffs recommendation. ackno~yled~~inv that it «°ould be unfortunate should some of the trees be sacrificed. y Commissioner Bernald said that she could support the desivn as modified and a~~reed to b~~ the applicant. She said that she could even a~~ree to keep the tower as presented. She also expressed concorn ~yith access to the home. She wished that she had a better idea oi' ho~y mane trees are to be removed because the Comptons and the applicants have a legitimate concern about how this is going to chanvo their propert~~. She said that she was not comfortable in passing this part of the action this evenin~~ but that she would like to be able to move forward someho«•. Director ~l'alvren clarified that only tree T7 is required to be removed based on the fire district's rcquirements~He said that the upper trees along the existinv drivewa}' ~yill not be removed but that they mad be impacted b~- construction. The objective of lessening the drive«°av requirement is to minimize the impact on the trees. It is hoped that the drive~i-av can be plotted before permits are issued for the home and that the lire chief and the city- arborist are to be consulted to minimize any damave to the trees alone this area. Beyond this. the fire chief' has indicated that the fire district needs a 12-foot minimum clearance to vet their Tire truck to the home. The only other option is to waive the lire district's requirements fora 1?-foot drive«-a~- do~yn to the home, noting that it has been indicated that 12 feet would be adequate to get a truck do~yn to the propem-. In response to Commissioner Bernald's question. Director ~?~~ alvrcn said that there is the ability to «•iden the road~yay~ at the bottom and that staff ~yould look at this solution. He said that it may be possible to build a logy retaining wall on the other side in order to provide the llllllllllllm 12 foot dri~-ew•ay that ~yill vradually ~yind itself in and out of all of the trees on site and not remove an_y of the trees to satisi'~~ the fire chiefs concern. Commissioner Bernald stated that based on staffs response. she was ready to move forward. She felt that the Commission has an application before it with a lot of support firom the neivhbors. The Conunission has seen a lot of changes (i.e., removal of the shutters. changes to the pop out windows, Changes to the vamble roof. widening of the evebro~y ~-indo«- over the living roomj. ~~'ith staff and the fire district reviewing and approving an across. she lelt that the Commission should bo able to move fon~-ard and that she could support the request. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 12 - Commissioner Kaplan said that she «-as still troubled ~~~ith the drive«-a~~ and the impact to the trees. She said that she understood that the arborist spent a ~=reat deal of time in trvin~ to protect tree =7 which he states is an excellent specimen tree. She said that the resolution calls for large replacement trees on the property. She said that it ma~° not be the best su~~gestion to require bi`==<~cr boxed trees initially but to require the planting of vounver. smaller trees that ~yill crow into their environment healthy and ~yith less disruption than a larger tree ~yould suffer. She recommended that an option be included that «°ould allo«• the plantin<~ of smaller trees. She said that the Commission ~~-as told by the applicants that then bought the home and then discovered that there had been a ~~reat deal of litigation and conflict amongst the neighbors and that one can see the result of this. She said that there are a mishmash of easements crisscrossing the area with a no mans parcel stuck in the middle. She felt that it seemed logical to allow the applicants to buy a piece of a land or to obtain an easement to access the site. She felt that «-hen litigation occurs to land areas with judges or arbitrators making land use decisions «-ithout knowledge of the topography results is a horrendous mistake. On the other hand, the applicant needs to understand ~~hat they are buyinv. Ifs ~-ou buy a piece of property and you do not kno~y that a problem exists, the propem- o«ner has to bear some of the responsibilities and understand the constraints to development before purchasinv propert~°. She said that she «as not happy with the project and that she «-as not com~inced that she has to ~•ote for the project this e~~enin~~. Commissioner Patrick said that she would support either all of the application or none of it. She said that it was exasperatin~~ to see that the neighbors are not concerned about lire access to the site. [t has been implied that this application has been back and forth before the Planninv Commission. She clarified that this is the first time that the Commission has seen this application. Therefore, the Commission has not sent this application back to staff for further reyie«°. She said that this is a difficult site and that anyone that drives buy or visits the site can tell that it is a difficult site. She said that she was unhappy that the city has a site that has public safety constraints and that what is before the Commission is a parcel that has a house ~yith difficult access. She said that the Planning Commission is concerned that a hazardous situation exists and that it ~yould be difficult for fire personnel to deal «-ith a fire. She said that she could support the request ~i-ith staffs recommendation and all the items discussed this evening (i.e., removal of all the ~yirin~~ and electrical fixtures on the trees). Commissioner Martlaae concurred «-ith die comments expressed regarding the public safety issues. She said that she appreciated all the effort that has been put into the design oi~ the home. I-Iowever. it was a problematic site. She stated that she sees a collection of styles «-ith the use of so many elements that she did not believe belonged together (i.e.. the scale ~i-as ofr, eyebrow ~yindows are consistentl~~ smaller than the windo~ys below them. the keystone seems out of character. drought iron being used above the entry«-a~~, and the multi-li~~hted French door «~ith vertical ~yindows beside it). She said that she has+a problem with the entire project. Therefore, she could not support the application at this time. • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 13 - Commissioner Pave felt that the applicant did a wonderful job in working= with the fire marshall and planning staff. ~'~'ith staffs direction. the Cite could mitigate the fire safety concern. In light of all of the effort that has gone into the review of the application and ~~~ith the agreement from the Lire chief and the plannin~~ director. he could support the request. Chairman Pierce said that with the chan~=es that have been accepted by the o~~ners. he could support leaving the tower a little bit higher. He said that the driveway is a difficult issue. As it stands no«-. the home is in a dangerous condition. I-Ie noted that the applicant could add onto the existing home and not have to do anything to the drive~yav. He felt that the City- ~i-ould be helping everyone if this application is approved as this is a fire danger area. Ile felt that With close supervision, the drive«-av can be ~~•idened appropriately as needed by the fire district and as described by the fire chief: Given this constraint and the fact that the electrical wires are to be removed from the trees and the site cleaned up. he felt that the application would be an improvement to the area. Therefore. he stated his support of the project. COt1~1~1ISSI0\ERS PATRICK'~~1LRAKAi`~II MOVED TO APPRO~%E RESOLIJTIO~ NO. DR-98-022. PER THE STAFF REPOR"I" (RED~~CING THE HEIGHT OF TI-IE TO~~=ER). ~VI~I~H TI-IE ADDITION OF TI-IE FOLLO~'l`ING CONDITIO\`S: REMOVAL OF THE ELECTRICAL Vl`IRING FROM THE TREES: PLANTTI\G ~DDI-I~ION AL TREES ALONG THE SOUTHERN PROPERTY LI1~TE: A\D TIIE -~RBORIS"I- TO O~'ERSFE THE Pi_O"I'TING OF THE DRIVE~~'AY BEFORE COi\~1l1ENCING COtiST RL;~CTION. TI-IE ~~10-110\ FAILED 2-~ AS FOLLO~~'S: AYES: ~~ILiR~KAi\~11. PATRICK: NOES: BER_\'ALD, KAPLA\, VIARTLAGE, PAGE. PIERCE. CO~~ItifISS10\ER PAGE:"BERNALD ~~IUVED TO APPROVE RESOLLTTION NO. UR-98- 022 PER THE ST.~FF REPORT. ACCEP"TING THE TO~~'ER AS PROPOSED BY "I•HE Al'PLICINT (DELETING TI-IE REQUIREi~-tENT TO REDUCE TI-IE TO~~~ER ELEMENT FROM TI-IE RESOLi1TION) AND THE ADDI"I~ION OF THE FOLLO~?~`ING CONDITIONS: RE~~IOV~~1L OF TIIE ~~'IRING FROA-1 THE TREES: PLANTING :ADDITIONAL TREES ALONG THE SOUTHERN PROPERTY Ll\E:~ND THE ARBORIS~f TO OVERSEE THE PLOTTING OF THE DRIVE«`;'1Y BEFORE C0~1i~1E\CING CONSTRLTCTION. `[~HE MOTION CARRIED =1-3 AS FOLLOWS: AYES: PAGE. I'IL-RCE. BERI~TALD. 1\~'[LTRIK.A~1I: tiOES: ~~L~RTLAGE. PATRICK. KAl'LAN. 7. DR-98-016 (386-~4-0=t1) - LIOti/~'~'U, 20161 Cherry° Lane: Request for Design Review approval to remodel and add a second store to an existing 1,96 sq. ft. single-story residence. The proposal is fora 3.117 sq. ft. residence with a maximum building height of 2 3 ft. on a 10.160 sq. ft. lot. The site is located within an R-1-10.000 zoning district. Director ~~'al~=ren presented the staff report. Staff recommended approval with the additional requirement that the applicant consider using wood siding on the exterior ofthe building to better match and integrate with the existin~~ homes in the neighborhood. PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 14 - Commissioner Kaplan said that the proposed ri~7ht side elevation has a lot ol~ wall with nothin~~ breaking up the expanse in wall. She asked if staffs su~~~estions correct this concern? Director ~'l'alvren said that staffs recommendation «-Quid contribute to providing= a horizontal line on the building. He noted that the building is a relatively low expanse of «•all and that any horizontal emphases that is placed on the buildin~~ will de-emphasis the verticality of the elevations. Commissioner i\-lurakami said that in looking at the front elevation. there is not a lot of surface area to be covered with sidinv. Therefore, the siding would help the rear and side elevations not appear as a sheer «°all and that the siding= «-Quid break up the contour. He felt that the use of a plaster-type texture would be a ne~~ative if the structure ~~°as build as proposed. Director ~~'algren said that even along the front elevation there arc certain elements such as the grand entry statement and the stucco columns:`exterior that are distinctly different from the existing homes in the net<~hborhood. I-Ie felt that the desi~~n would stand out as new and different from what exists. He felt that the basic design should lit in «•ith the inclusion of wood siding or similar material to integrate better ~i•ith the existing homes. Commissioner Kaplan asked about the semi circle ~sindo~i-`skv IiRht proposed in the trout elevation above the garage door. She did not believe that it belongs in this area. Chairman Pierce opened the public hearing at 9:00 p.m. ~~"a~~ne Liou, applicant, said that during the course ol~ the past six months, he has tried to «°ork -ith the city and made revisions to the desi;~=n a fe«- times. He said that he hopes that he has met all regulations and requirements. Commissioner Bernald asked if the Commission's vote depended on the use of wood siding. would ~1r. Liou agree to use wood siding? dir. Liuo said that at this point, he and his ~yife have not discussed the sidin~~s. I-Ic said that he is open to su~~gestions and that he would not oppose the use of ~i•ood siding as proposed by staff. Commissioners Bernald%Patrick moved to close the public hearin~~ at 9:02 p.m. Commissioner Patrick said that she ~~°as troubled that the applicant has not considered the siding at this time as this is the time that it needs to be determined. Shc said that she would not approve the design «-ithout the use of «-ood siding as the design is too gray and stucco in anon-gray. non- stucco neighborhood. Shc said that she ~~ould support the application per staffs recommendation. She said that she was troubled by the half windows as they appear to be • • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 15 - randomly placed and does not seem to work with the overall design. Commissioner Kaplan recommended the elimination of the semi circle windo~i~(s) because the area appears busy. Commissioner ~-lartlave said that the design of the home is acceptable. She said that she would like to see the stucco removed or replaced ~~ith horizontal sidin~~ if the garage doors are to remain horizontal noting that they are very linear. If the use of horizontal sidin~* is not repeated and ~~rapped around the home. it would look out of place. She recommended that the windows above the door and over the windo«- that is round mimic the roof line. She recommended that the «•indows be straightened out so that they are of the same slope as the roof line above each of them to make them look proportional. Commissioner Pagc concurred with Commissioner ~lartlage's comments and lelt that she excellently described the way the windows should be desi~*ned. He did not believe that the stucco columns fit in with this particular nei`_hborhood. He recommended that the back of the home be broken up for better articulation. He said that he could support the application per the conditions as laid out. Commissioner Bernald stated that she could support the application ~~ith the changes suggested by her fellow Commissioners. Commissioner ti~lurakami felt that the Commission should be tOCtlsm~~ on the structure of the home and its design and that the Commission should not be nitpicking such thin~?s as the ~~indo~~s. He said that he could see a mismatch of the elliptical circular ~~-indo«- located at the top and that it dots not exactly match the lo~yer more squarish looking «-indow above the doorway. He said that this «as a matter of personal taste. If the applicant wants to use these windo«~s. he has not objecting to it. I-Ic felt that the dra~iings do not lend themselves to fully sho«-in~= how the ~yindows are going to appear. If the Commission wants to have all the ~~indows match. he was not sure that this ~~-as something that the Commission can levall_v do. He felt that the most important thing to him was ho~~ the nvo store structure was laid out and felt that it was well balanced..as lone as the applicant agrees to install «-ood sidin~~. he «~as ~~illing to approve the application. Commissioner Kaplan stated for the record that the Planning Commission accessed the back of the home and looked around to see if there ~~ere any privacy impacts. She expressed her comments pre.-iously about the «-indo~~~s. She said that she could support the design. as amended. Chairman Pierce agreed ~~~ith Commissioner ~Iurakami that the Commission ~~~as <~ettin~? nitpicky about the windows. He recommended that it be suvvested that the applicant consider changing the «~indows as described by Commissioner 1\~lartlage. He said that he ~yould not • • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 16 - support a motion that would require the elliptical ~~-indo«-s be changed. Other~~~ise. ho stated his support ofthe project. C01~~~1[SSIONERS }'~"TRICK'LTaRTL;1GE ~1~DE A ;\10TION TO APPROVE RESOLL~~f[ON NO. DR-98-016 WITH CONDI"TIONS THAT ~~'OL?LD REQUIRE THE LSE OF HORIZON"1 :AL ti'~'OOD SIDING A\D THE REPI.ACENIENT OF TIIE ~'l•~I~DO~~`S AS DESCRIBED BY CO'\~iit~1ISSIUNER 1~tARTLAGE. THE X10"LION FAILED AS FULLO~~`S: AYES: KAPLA\. i~iF1RTLAGE. PATRICK: NOES: BERNALD. i\iURAKA~~iI. PAGL--. PIERCE. ON A ~.10TION BY C0~~11\~tISSIO\TERS BER\ALD-I~IURAILai~1I. THE C0~1~11SSION L~AN1ti10USLY (7-0) APPROVED DR-98-016 ~~`ITFI THE CHANGE IN HORIZO\TAL SIDING ONLY. Commissioner Bernald said that in her experience before a Plannin~~ Commission in another cite for a summer home. she «-ishcd that she had listened to the Planninv Commission. However. she was appreciative that the~° did not make their recommendations apart of a resolution. She felt that it ~i~as good to provide recommendations reaardinU some of the design features because it =i~•es an applicant the opportunity to consider alternative design suggestions. DIRECTOR 1TCItIS - llR-97-047/AR-97-U28 - LII\T, 13670 Beaumont A~~enue Director ~~'algren presented the staff report and recommended that the Commission accept that the building= is over 18 feet in height and direct staff to approve the height administratively. Commissioner ~Iartlage said that a letter «-as received that addresses plantin~~ along the sides. She asked if there were stipulations about vegetation and mitivatin~~ the privac~~ concern? Director ~'l`al~~ren said that the original approval did not have conditions imposed in a formal resolution as it was an over the counter approval. He said that he has reviewed the letters and consulted ~~-ith the staff planner. A memo has been placed in the file that requires that a landscape plan be prepared based on the neighbors' request. I-Ie said that there ~i-as also a request that the city consider the condition of the propert~~ in terms of stora~_=e of material and that staff is following up on this concern as «-ell. Commissioner Patrick inquired as to the process and asked if the applicant had to file an application and pad- tiling l'ees'? Director ~t'al``ren responded that a formal application «°as not submitted nor have administrative fees been paid for this review. He said that minimal fees ma~~ have been collected in order to • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 17 - send out an additional notice for this application to cover stata's time and efforts. Commissioner Vturakami stated that this is not an uncommon occurrence as [ar as a miscalculation. However, he felt that at the time of framing. an inspector should be made available to check the height ofthe structure. Director ~~'algren stated that at time of framin~~. the cite requires that a qualified licensed surveyor or engineer verif.- the height of the building to natural ~=rade and that the building inspectors accept this and place this inl'onnation in the project file before the framing inspection is passed. He said that the natural grade could have been altered at time of framing. Commissioner Kaplan asked why construction «-as allo«°ed to continue to this point? Director ~k`algrcn informed the Commission that he would need to in~esti~ate and report to the Commission as to why the home was allowed to ~~et as far as it has. He said that the home has been red ta~~ved. I Ie said that even thous=h the height of the home exceeds 18 feet. it still meets setbacks and the floor area exception for this zoning district. He said that the extra 8 inches in height does not require a floor area exception. and it does not require an amendment to the setbacks. nor does it need a variance. If it had. this project would have had to be readvertised as a variance. The l8-foot threshold is just a revie«~ and notification process. Had the buildin~= been proposed at 19 feet in height_ staff would have been required to present this item to the Planning? Commission versus just havinv to notifi~ing the nei~?hbors. Staff is advising the Commission of the situation to give the Planning Commission the opportunin~ to determine if there are an~° impacts. Chairman Pierce opened the floor to public comment at 9:16 p.m. i\io comments were oilered. 1T ~'~'~S "I-HE CO\SEhTSC~S OF THE C0v11~1ISSIO~i TO ACCEPT THE RE~~IS10\S AND DIRECTED S"I~aFF TO~PPROVE THE CORRECTED PLANS. The Commission indicated that they did not like the fact that the building exceeded the 18 toot height limit and that the~~ did not want to see this happen again as it is not fair to those who have <~one throu~~h the process and «-ho ha~~e constructed their homes per approval. Commissioner Patrick asked staff il~ the home located on Sarato~~a Avenue with this similar situation is ever to be completed? Director ~~~algren said that staff was not a~i-are of any- progress being made to«°ard the completion of the home. This is a situation where the city does not have a lot of leverage as the building permit has expired unless it becomes a public nuisance or a health hazard. Commissioner Kaplan said that the Commission is charged. in part. to maintain the aesthetics of the cit~• and felt that this uncompleted home was a poke in the e~~e to the city. adjacent residents and those ~tho pass it every day. Director ~~'al~~ren said that he would talk to the o~~ncr and get a • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 18 - status report of evhat is being planned for the home. - Holida~~ Public Hearing Schedule Director ~~'al~~ren informed the Commission that the November 11 meeting day is the Veterans Dav Holiday and recommended that the CO111II11SS1011 hold the public hearing on Tuesda~~, \ovember 10 and conduct the land use site visit on ~londa~~. He also recommended that the second meetin~~ in November be held on Tuesda~•. November 2=1. Given that Thanksgiving falls on November 26. the Thursday after the Commission's regular meeting. He recommended that the first meetin<~ in December be held on December 9 and that the Commission cancel its second meetin~~ in December as a result of the holiday schedule. BY CONSENSUS. THE CO~~t~~'[ISSIO\ CONCLRRED VI~ITI-I STAFF'S NOVEMBER AND DECEMBER MEETI\G SCHEDULE. - Circulation Clement l;~pdate Director ~t`algren presented the Planning Commission with an update on the Circulation Element. He said that «°ith the departure of a planner. he reconunended to the Cite ~-1ana~?er that the cite put o17• beginning the Circulation )/lement Update to the beginning of nest year in order to complete other projects. - Planning Commission Oral Board appointment Director Vl'algren informed the Commission that the City Manager is putting together an oral board to interview a perspective cite clerk. The City i`Ianager has susgested to the Cite- Council that the intervie«~ board consist of a council member. a planning commission. city attorney and a department head because of the unique nature of the city clerk ~yho happens to work with all these ~~roups. He said that the finance director. Council 1\~lelllber Shaw, and the city attorney will sit on the intervie«- panel. He asked if and- of the planning commissioners «°ould like to volunteer to sit on the oral board which would take up approximately half of a day. Commission Kaplan agreed to serve as the primar~• commissioner and Commissioner Page a~Treed to serve as a back up to Commissioner Kaplan should she not be able to serve on the intervie~y board. COi~I1~iiSSIO\ 1TE~'IS Commissioner Kaplan reported on a telephone call that she received on October 6 from Dave Johnson. an environmentalist on the Blacl:~yell propert}• located behind Saratoga Iligh School. ~~Ir. Johnson called her to discuss the fact that as pal-t ol'the mitigations for the project that trees are to be planted, noting that the trees to be planted are being ordered Isom another gene pool. • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 19 - lair. Johnson requested that this matter be brouUht to Conunission's attention as he did not feel that it ~i-ould be appropriate to brinC7 non native trees into an area that is to be reforested with native trees. He recommended that the Commission consider not making demands for bi~7 trees because small trees may accommodate being transplanted and would tit into the environment. ~~ir. Johnson indicated that he «•ould be speaking «ith the city arborist. She recommended that l-ir. ,lohnson also discuss this issue «•ith staff. She stated that she trusted ~1r. Johnson's judgement and drat the City should give him the courtes~° of resolving a problem. Director `~'al~ren stated that the city arborist has al~~~a~ s agreed that a lar~~er tree may not ~,~ro~~ as vi~`orous or as quickly as smaller trees. Ho«-ever, this has to be balanced «°ith the desire to havo a more immediate screening. He said that in this instance. the city could hold this riparian corridor to a different standard than a residential landscape plan. Commissioner Kaplan informed staff that at the intersection of Saratoga and Herriman Avenues. PGc4~;E or the telephone company is div~Jing up and is under the driplines of the trees ~yith their equipment and piles of dirt. She asked~if they know the impact being caused to the trees and asked if the city has any control over the utilities? Director ~?~'alaren said that utility companies do not typically notify the city' when they are starting a project unless they need a right of rya}° encroachment permit. Chairman Pierce said that he spoke ~~°ith a tenant in the Argonaut Shopping Center and stated that the tenant «-as in the opinion that thinUs «~ere ~~oing to be happenin~~ ver_~~ quickly. He said that he did not kno~i- ~~-hat was happenin~,* ~~°ith the termite issue. Commissioner Bernald thatiled Director ~~-al~ren for communicating «iih Josh ~~'hite at the Blue Rock Shoot. It ryas her understanding from the merchants and individuals who frequent the downto~yn area that the air has been quite pleasant. Commissioner ~lartla~~e observed that the Pinn Brothers development have used peers ~yith rcenforcement in the Hayfield Estate area. She ~yanted to make sure that this «-as appropriate for the timing**. Commissioner Kaplan said that Chicken Salsa business located on Saratoga-Sunnyvale Road seems to emit a great deal of smoke. She asked if there is some kind of control on ~i-hat can be spewed as there are times that a lot oI• smoke is coming from behind the business. Commissioner ~turakami asked if the city is empo~i-ered to require that the business install exhaust filters into their s~~stem? Director ~~'a1~Jren said that there are building code requirements for am stove or barbecue operations and that there are also count. environmental health standards for the different types of food preparations. IIe said that statf «~ould request that the city's inspectors keep an eye on the business. • PLANNING COMMISSION MINUTES OCTOBER 14, 1998 PAGE - 20 - CO~IMI; \ [CATIONS ~~`ritten - Cit~• Council 1~1inutes dated September 16 and September 22. 1998 - I~~otices for Planning Conunission meeting of October 28. 1998 ADJOLRNI~IENT TO NEXT 1~iEET1\TG There bein~~ no fiurther business, Chairman Pierce adjourned the meetin~* at 9:31 p.m. to ~~-ednesda~•. October 28. 1998. Ci~~ic Theater, 13777 Fruit~-ale A~-enue. Saratoga. CA. ~1INLTTES PREPARED A\D SUBI~~IITTED B~': I-•ma Torrez Minutes Clerk