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HomeMy WebLinkAbout08-11-1999 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES Wednesday, August 11, 1999 - 7:30 p.m. Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA Regular Meeting Commissioner Page, presiding as Chairman, called the meeting to order at 7:31 p.m. Roll Call Present: Commissioners Jackman, Patrick, Waltonsmith, and Chairman Page Absent: Commissioners Kurasch, Roupe, and Chairwoman Bernald Staff: Associate Planner Heather Bradley, Assistant Planner Christina Ratcliffe, and City Attorney Jonathan Wittwer Pledge of Allegiance Chairman Page paused for a moment of silence in memory of Saratoga’s late Mayor, Jim Shaw, who passed away last week. Chairman Page described Mr. Shaw as a great man whose civic leadership and visionary attitudes were an example to all. Minutes - July 28, 1999 COMMISSIONERS PATRICK/WALTONSMITH MOVED TO APPROVE THE MINUTES OF JULY 28, 1999 WITH THE FOLLOWING AMENDMENTS. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). Page 10, paragraph 3, line 3: “She expressed concern with the multiple colors which did do not seem to be too much represent the classic contemporary Montalvo colors and asked how those become part of the classic Montalvo elements would fit in to Montalvo.” Page 5, paragraph 1, line 4: “He commented that if the city is over inundated with technology type devices such as….” Page 9, paragraph 3, line 1: “Chairwoman Bernald mentioned that one of the members of the architect search firm committee is her neighbor….” Page 9, last paragraph and throughout item: Don Stastnybrun is corrected to read Don Stastny. Oral Communications There was no one present who wished to speak on matters not on the agenda. Report of Posting Agenda Associate Planner Bradley declared that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 6, 1999. Planning Commission Agenda Page 2 August 11, 1999 Technical Corrections to Packet Associate Planner Bradley announced two corrections to the agenda: i. DR-99-019 on Item #4 of the agenda amended to read DR-99-030. ii. Item #7 was continued to September 7, 1999, because one of the Commissioners present tonight would have to be recused from voting on that item; thus, eliminating a quorum CONSENT CALENDAR 1. DR-99-028 (510-01-023) - HOWELL & McNEIL DEVELOPMENT, LLC, 15081 Pepper Lane (Parcel B); Request for Design Review approval to construct a new 4,242 sq. ft., one- story residence. The site is 22,720 sq. ft. and is located in an R-1-20,000 zoning district. (CONTINUED TO 9/8/99 PENDING RECEIPT OF THE ARBORIST’S REPORT). 2. UP-99-011 (397-04-098) - EVAN, 14594 Sobey Oaks Road; Request for Use Permit approval to construct a 650 sq. ft. pool house in the rear yard. The existing residence with garage is 4,547 sq. ft. The property is 40,075 sq. ft. and is located in an R-1-40,000 zoning district. (CONTINUED TO 9/8/99 FOR SETBACK REVISIONS). COMMISSIONERS PATRICK/WALTONSMITH MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). PUBLIC HEARINGS Items 3 and 4 were considered concurrently and voted on separately. 3. DR-99-029 (397-28-047, Lot #2) - BLACKWELL PROPERTIES, 13997 Alta Vista; Request for Design Review approval for a 4,216 sq. ft., two-story residence with a 996 sq. ft. basement. Maximum height of the residence is proposed to be 26 ft. The site is located on a 17,083 (net) sq. ft. vacant parcel in an R-1-12,500 zoning district. ------------------------------------------------------------------------------------------------------------------------ 4. DR-99-019 (397-28-047, Lot #1) - BLACKWELL PROPERTIES, 13995 Alta Vista; Request for Design Review approval for a 3,815 sq. ft., two-story residence with a 989 sq. ft. basement. Maximum height of the residence is proposed to be 26 ft. The site is located on a 14,394 (net) sq. ft. vacant parcel in an R-1-12,500 zoning district. ------------------------------------------------------------------------------------------------------------------------ Assistant Planner Ratcliffe noted that two letters regarding this issue were received late today. One letter was from Joann Martens, 14069 Loma Rio Drive, Saratoga. Ms. Martens requested that on lot 2, the Commission require landscape screening - both trees and shrubs in the rear of the lot (the back yard and riparian corridor along the creek bank). She also requested that the proposed colors of lot 2 be more sensitive to the native environment. Ms. Martens requested that for all lots in the subdivision the Commission consider placing limitations on pools and recreational courts. Further, she requested that no Planning Commission Agenda Page 3 August 11, 1999 construction or grading be done on weekends, and that construction and grading times be limited to 8 a.m. to 5 p.m. Ms. Ratcliffe reported that the other letter was from Brad and Kathryn Mandell, 14031 Jerries Drive, Saratoga, who requested the same items contained in Ms. Martens’ letter. City Attorney Wittwer clarified for the record that one public hearing for Item #3 and #4 would be conducted together. Ms. Ratcliffe reported that Items #3 and #4 are two lots adjacent to each other on a five-lot subdivision that was approved by the Planning Commission late last year. She indicated that staff made one report on the two lots; however, the Commission would be voting separately on the resolution pertaining to each project. Ms. Ratcliffe reported a change to the conditions of approval. She said the Saratoga Fire Department (SFD) was informed that a new water main has been installed in the subdivision. She noted that originally the SFD had required an early warning alarm system and sprinklers throughout both houses. The SFD is no longer requiring an early warning alarm system or sprinklers in the house on lot 1. However, the SFD requires sprinklers in the house on lot 2, and because of the size of the house (over 5,000 square feet), they are requiring an early warning alarm system. Both houses would still require sprinklers in the garages per Saratoga ordinance. Ms. Ratcliffe presented the details of the staff report. She said that in response to the concerns expressed in the two letters received, a replanting plan, which is part of the subdivision approval, includes reseeding and replanting the riparian corridor. She said that the applicant had been working with the Santa Clara Valley Water District to re-vegetate the area. Commissioner Waltonsmith asked whether staff had discussed alternatives with the applicant should the Commission deny the floor area exception request, and Ms. Ratcliffe responded that the applicant is aware of the issue, however, redesigns were not discussed. Chairman Page opened the public hearing at 7:48 p.m. David Britt of Britt-Rowe, 108 North Santa Cruz Avenue, Lot Gatos, addressed the Commission, thanking staff for working closely with him on the project. He said the houses he designed and presented for review tonight are essentially the same as the preliminary designs that were presented to the Commission and vested with the subdivision map. He said considerable time and effort went into the preliminary designs that included working closely with the City Arborist to ensure tree protection; recognizing the concerns of the neighbors to ensure that the house designs were sensitive to their views and privacy; site plans, floor plans, and exterior elevations were developed and reviewed by staff and Commission to ensure the subdivision lots allowed homes compatible with the city’s design standards. Mr. Britt noted that the preliminary designs were adopted based on common knowledge that the predominantly two-story adjacent neighborhood could support five additional two-story homes with little or no impact to the surrounding built environment. He commented that the subdivision is unique in that it is set in a private creek ravine. He described the homes bordering the property and noted there was no opposition to the construction of two-story homes on the sites when the surrounding neighbors were noticed regarding the subdivision and homes. Referring to the house lots, he said there was a large impact to the gross lot sizes from emergency access, and those had created significant reductions in the maximum Planning Commission Agenda Page 4 August 11, 1999 allowable square footages for these homes. He stated he is working with relatively small maximum square footages for this size lot. Considering these facts and the applicant’s time and effort invested to comply specifically with staff and Commission’s request, the applicant feels the Commission should honor the vested tentative map as approved and allow the house footprints and square footages as presented tonight. Mr. Britt said that the applicant is willing to work to provide screening and planting to ensure that the houses as built will be sensitive to the existing neighbors. Commissioner Patrick asked Mr. Britt to comment regarding the concerns of the neighbors pertaining to limiting hours of construction. Mr. Britt referred the question to the property owner who was in the audience and who indicated he would comply with the request. In response to a question from Commission Jackman regarding the color scheme for the roof tile of lot 1, Mr. Britt said that the applicant would work with staff in selecting an appropriate roof color. Responding to a question from Commissioner Waltonsmith regarding the roof color of lot 2, Mr. Britt said that the color tile originally presented for the house was on the light side and indicated the applicant would work with staff to darken the color palette, including the wood trim and roof. Commissioner Waltonsmith conveyed that she drove back through the area and did not see any Spanish style. She said as she looked at the design on lot 2, which did not look very Spanish to her other than the roof, it seemed to her that the roof could be changed considerably without too much architectural stress. Mr. Britt asked whether Commissioner Waltonsmith was referring to the actual concept of the tile roof, and she responded she was referring to the S-tile. In response to a question from Commissioner Waltonsmith regarding when the design was vested, Mr. Britt stated that he did not have the exact date, but the vesting took place late last year. Ms. Ratclife clarified that the plans were vested in August 1998. In response to a question from Chairman Page, Mr. Britt stated that the footprint was defined in the original site, as were the floor plans, elevations, and square footages. He said they were preliminary plans and tonight’s plans were enlarged versions of those designs which have changed significantly. Responding to Chairman Page’s inquiry regarding the additional square footage, Mr. Britt explained that the maximum allowable square footages even without the second story square footage reduction are relatively low. Chairman Page noted that the design had two chimneys, but only one wood-burning fireplace, and asked whether it was for balance and design. Mr. Britt responded that one of the fireplaces will be an Environmental Protection Agency approved firebox which is a gas-burning log and does not emit any wood- burning type smoke. Ms. Ratcliffe clarified that the Saratoga ordinance states one wood-burning fireplace per structure, and the rest have to be gas. She said there is no other option, and that he been included as a condition of approval. Planning Commission Agenda Page 5 August 11, 1999 Responding to Chairman Page’s request, Ms. Ratcliffe noted that the log-burning box was considered at the time the fireplace ordinance was discussed; however, the Commission decided to omit that possibility from the ordinance, and she stated that some designs include chimneys for looks only. Jerry Freeman, 13993 Alta Vista Avenue, Saratoga, addressed the commission, noting his property is adjacent to lot 1. He requested verification that the footprint of the proposed home is as agreed to in the vested tentative map, that it will have a 21’ or 22’ side yard setback, and that the front of the house is basically where it was on the vested plan. Chairman Page and Commissioner Patrick replied that the intention was as described by Mr. Freeman. David Weatherfault, 14054 Alta Vista Avenue, Saratoga, addressed the Commission, noting he resides at the top of the hill. He noticed that in two previous commission meetings, architects have commented that “this neighborhood is predominantly two-story,” which he said is untrue. He noted that on Williams, Walnut, and Alta Vista, most of the houses are Craftsman bungalows, which are one and one-half story houses. He said when considering designs for a house that would fit well with the older neighborhood, one needs to consider that a one and one-half story house looks different than a two-story house. He stated that of 25 houses in the neighborhood, three to four are two-story homes. He noted there is a big difference in the roof line of a bungalow and described the discrepancy. He said he had no objection to the proposed two-story houses because of the two-story nature to the new houses at the bottom of Alta Vista; however, at the top of Alta Vista, Craftsman bungalows can look dwarfed and incongruous when they are surrounded by two-story houses that look like Eastern Colonial houses. He requested that the Commission and staff consider this factor in the early stages of other houses to be designed in the area. Mr. Britt responded to Mr. Freeman’s concern and stated that the footprint of the building has not changed since the preliminary design was approved by the Commission. Regarding the issue of second story buildings in the Williams area, he said it is a very unique and beautiful neighborhood with unique buildings, specifically the Craftsman style bungalows. He said his firm has designed homes in the area, is fully aware of the neighborhood, and has been sensitive to the existing architecture when designing at the top of the hill on Williams. He reiterated that the five lots are very different lots than those on Williams. COMMISSIONERS PATRICK/JACKMAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:05 P.M. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). Commissioner Jackman stated she would like to go with the square footage vested and to leave the plans as they are now. Commissioner Patrick did not concur with Commissioner Jackman. She stated she was on the Commission last summer when this issue was considered and recalled that the Commission did not approve the square footage. She said the Commission reviewed the drawings and expressed issues with the siting of the houses so as not to conflict with the neighbors, expressed concerns regarding everybody else’s views, keeping the houses out of the creek, saving the trees, and getting the driveways and everything in place. She agreed that the applicant has a right to apply under the old ordinance and request a floor area exception; however, a floor area exception last year was not granted last year. She stated that the Commission is not constrained to grant floor area exception, and she will not approve it as the Commission has been very consistent in this area. She recollected that floor area exceptions are not granted on the basis that the applicant wants additional height. She said the plan has great basements, and she did not see a special need for the extra square feet. She noted the upper area has small lots and small areas that they can place a house in and they Planning Commission Agenda Page 6 August 11, 1999 have had to make do with those areas. She saw no reason why the applicant could not do likewise. She said the applicant has agreed to change the hours of operation to minimize the noise for the sake of the neighbors and requested that that factor be included in the conditions of approval, as well as changing the colors with staff approval, and providing additional screening on the Freeman side subject to staff approval. She said she would not want additional planting on the creek, explaining that the opposing bank was currently over- planted and others were building into and encroaching the creek. She stated she would prefer to maintain what is required within the riparian corridor and keep it natural. She said with the modifications she would recommend approval. Commissioner Waltonsmith concurred with Commissioner Patrick, noting she toured the site and area today to see what is two-story and what is Craftsman. She agreed that they are very different. She said the lots have many mature trees and was concerned about a massive two-story house going in there. Chairman Page stated these were two beautiful homes. He recalled that he was serving on the Commission the first time this plan was presented and recollected the serious discussions held. He said that lot 1 especially is not that expansive a lot and there would be no reason for the floor area exception. He concurred with his fellow Commissioners on lot 2 that there needs to be consistency. He also agreed with conditions as set forth by Commissioner Patrick. COMMISSIONERS WALTONSMITH/PATRICK MOVED TO APPROVE DR-99-029 WITH THE MODIFICATIONS REGARDING HOURS OF CONSTRUCTION AND REDUCING THE FLOOR AREA. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). COMMISSIONERS PATRICK/WALTONSMITH MOVED TO APPROVE DR-99-030 REDUCING THE SQUARE FOOTAGE AND THE REST OF THE DESIGN PER STAFF’S APPROVAL. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). 5. DR-99-026 (517-22-096) - WALLIN/HIRTENSTEIN, 15380 Peach Hill Road; Request for Design Review approval for a 4,907 sq. ft., two-story residence with a 664 sq. ft. basement. Maximum height of the residence is proposed to be 25 ft. The site is located on a 39,377 (net) sq. ft. vacant parcel in an R-1-40,000 zoning district. ------------------------------------------------------------------------------------------------------------------------ Assistant Planner Ratcliffe noted into the record a letter from the Carey Family, 15320 Peach Hill Road, Saratoga, expressing full support for the project. Ms. Ratcliffe presented the details of the staff report. Chairman Page opened the public hearing at 8:17 p.m. Ray Wallin, 20770 Cuesta Court, Saratoga, addressed the Commission, noting he and his wife are long-time Saratoga residents, are looking forward to building this house, and have been working closely with the neighbors on the design. He commented they are not asking for any variances and would appreciate the Commission approving the project. There was no one present who wished to speak during the public hearing. Planning Commission Agenda Page 7 August 11, 1999 COMMISSIONERS PATRICK/WALTONSMITH MOVED TO CLOSE THE PUBLIC HEARING AT 8:19 P.M. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). Commissioner Waltonsmith commented that at the site tour yesterday, the Commissioners were awestruck with the beauty of the trees that have to come down. She recognized that the design of the house was considered several ways to allow the trees to stay, but it was not possible. She said that she would accept the plan; however, she suggested that since the grading plan was not scrutinized it should be left off. 6. DR-99-027 (397-04-103) - SMALL, 14520 Chester Avenue; Request for Design Review approval to construct a new 5,767 sq. ft., single-story residence (including a three car garage) on a vacant lot, parcel 15 of the Gypsy Hills subdivision. The property is 53,048 sq. ft. and is located in an R-1-40,000 zoning district. ------------------------------------------------------------------------------------------------------------------------ Associate Planner Bradley presented the staff report. Commissioner Waltonsmith asked staff to expound on the filling of the front and grading of the back. Ms. Bradley responded that there were approximately 70 cubic yards of cut proposed to fit the home into the property which also helps to keep the height lower as viewed from the neighboring properties. She said there will be 280 cubic yards of fill for balance and to create an area for the driveway. The grading quantities are within the city’s guidelines of 1,000 cubic yards and is not in the hillside where an exception has to be made for grading over 1,000 cubic yards. She said this is a hillside lot in that it does have a slope over ten percent. She commented that this was a reasonable request. Chairman Page noticed that the house steps down a little bit, although nothing significant, and asked whether that factor had been examined. Ms. Bradley replied that the house wraps around to conform to the direction of the contour line. Chairman Page opened the public hearing at 8:25 p.m. Dave Small, applicant, asked the Commission to view the plan favorably. In response to a question from Commissioner Waltonsmith regarding the step-down, Mr. Small said that his family has a strong desire to build a single-story home because of his young children and their senior grandparents. Commissioner Jackman noted that the applicant is waiting for the foundation to be poured before submitting landscape plans and asked whether the applicant would be working very closely with the Planning staff on those plans. Mr. Small responded that he would be working with staff on the landscape plans and responded to additional questions from Commissioner Jackman regarding placement of trees to avoid impacting the view of others while providing privacy. Chris Spaulding, architect, commented on the design, noting the applicants’ strong preference for a single- story with minimal steps, and described how he designed the house along the contour. Planning Commission Agenda Page 8 August 11, 1999 COMMISSIONERS PATRICK/JACKMAN MOVED TO CLOSE THE PUBLIC HEARING AT 8:29 P.M. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). Commissioner Patrick stated she did not oppose the plan. She understands why it is being done, commented that it fit well in the neighborhood and site, and she had no reason to not approve it. Commissioner Jackman commented that it is a good plan and fits the site well. Her only request is that the applicant work with Planning staff on the landscape plans. Commissioner Waltonsmith concurred with the other Commissioners. Chairman Page concurred with fellow Commissioners. COMMISSIONERS JACKMAN/PATRICK MOVED TO APPROVE DR-99-027 AND THAT A PRELIMINARY LANDSCAPE PLAN BE SUBMITTED TO THE PLANNING DEPARTMENT FOR APPROVAL BEFORE ANY PERMITS ARE ISSUED AND THAT A FINAL LANDSCAPE PLAN BE COMPLETED BEFORE OCCUPANCY. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). 7. UP-98-011.1 (503-24-009) - AMALFARD, 14445 Big Basin Way; Request for modification to an approved Use Permit to allow deli and outdoor seating in conjunction with the market use that was previously approved. The market is currently operating a deli and providing outdoor seating without these provisions in their existing Use Permit. The building is 2,700 sq. ft. on a 4,375 sq. ft. lot and is located in a CH-1 commercial historic zoning district. ------------------------------------------------------------------------------------------------------------------------ Earlier in the meeting, Item 7 was continued to September 7, 1999. DIRECTOR ITEMS Request for Modification of an Approved Project: DR-98-051 - WOODS, Peach Hill Road ----------------------------------------------------------------------------------------------------------------------------- Associate Planner Ratcliffe presented the details of the staff report, noting that the application was approved by the Commission on June 9, 1999, at which time the Commission conditioned the application to delete an emergency generator. Commissioner Waltonsmith stated she had earlier asked about the size of the generator for the record. Ms. Ratcliffe responded that the minutes of the last meeting indicated it was a 30-kilowatt generator. She said she spoke to the applicant and learned it is actually a 50-kilowatt generator. She noted that the applicant stated that the 30-, 50-, and 65-kilowatt generators of this make are the same size, and there would be no difference in the proposed size, only in the amount of power generated. Chairman Page opened the public hearing at 8:35 p.m. Murray Woods addressed the commission, noting that from the outside one would not know whether it was a 30-, 50-, or 65-kilowatt generator as the physical dimensions are the same, and the specification for Planning Commission Agenda Page 9 August 11, 1999 the noise level at maximum output if also the same for all. He stated that generators are basically like automobile motors, and they are muffled to be quiet. He acknowledged that the noise was the Commission’s main concern. He reported that he checked the calculations, agreed with the calculations, and went out and measured the noise level to be absolutely positive they were within the city requirements. He stated that Ken Graven of Charles M. Salter Associates was also present to respond to Commissioners’ questions. Responding to a question from Commission Jackman, Mr. Woods described what the decibel level at maximum output would be. In response to Commissioner Jackman’s inquiry, Ms. Ratcliffe quoted from the city’s noise ordinance that in residential areas (the decibel level) shall not exceed 60 dBA during the day, 50 dBA in the evening, and 45 dBA at night. Chairman Page asked whether the decibel level was measured at the source or at the property line, and Ms. Ratcliffe noted that the ordinance does not specify, except to state “a reasonable distance.” Commissioner Jackman shared an experience in which she had a noise problem in her backyard, and the noise level was measured from her property line and compared with the ambient sound. She said that 23 feet away at 67 decibels did not sound excessive to her and this would only be during power o utages. Commissioner Waltonsmith inquired about gas, whether the generator would be attached to a gas line, or would it involve gas storage. Mr. Woods responded that the plan is to use natural gas from the same gas line that goes into the house. He said if an earthquake or emergency sheared the line, containers of propane could be brought in to run the generator. Commissioner Waltonsmith asked what the approximate weight of the machine was. Mr. Woods responded that he was uncertain, but the generator is basically an automobile engine which has all the aspects of a motor with a muffler on it. Commissioner Waltonsmith referred to the concerns of two neighbors and assumed that Mr. Woods would make sure the machine disconnected from the power. Mr. Woods said that a switching matrix goes with the generator and assured that it will have proper detection and isolation from the system. He said this would be part of the basic review. Ken Graven, Charles M. Salter Associates, responded to Commissioners’ questions. Chairman Page asked how the measurements were taken, and Mr. Graven explained that a loudspeaker was taken to the site, power with a generator, cranked up to 100 dedibels, and pumped out full spectrum white noise. The white noise was measured at 23 feet at 80-90 decibels. Mr. Graven noted he then went to the nearest neighboring property line and marked it off with a flat at 123 feet, slightly down an embankment, and the sound level reading was taken to arrive at the noise reduction from 23 feet to 100+ feet to the property line. Planning Commission Agenda Page 10 August 11, 1999 Mr. Graven responded to inquiries from Chairman Page regarding white noise, noting that every frequency that people can hear was accounted for in the noise reduction which is similar to a generator’s broadband noise. COMMISSIONERS JACKMAN/PATRICK MOVED TO CLOSE THE PUBLIC HEARING AT 8:45 P.M. PASSED 4-0 (CHAIRWOMAN BERNALD, COMMISSIONERS KURASCH AND ROUPE ABSENT). Commissioner Jackman asked City Attorney Wittwer for assistance with some of the questions regarding ambient and bouncing sound. Mr. Wittwer explained that the general rule would be to apply the standards at the property line, or boundary line with another party because that is the part which would be impacted. Commissioner Jackman asked if there were any other legal requirements, other than measuring at the property line, that the Commissioners should know about. Mr. Wittwer responded that the staff report indicated that the standards identified in City Ordinance Chapter 7-30 should be followed. Commissioner Patrick expressed discomfort with the issue. She said she was having a difficult time comprehending that 67 decibels of sound near a house in an area which is not very populated is not going to disturb a neighbor. She referred to the weight of sound, pressure level and decibel chart provided to Commissioners and sound between 60 and 70 decibels is considered the sound of freight cars. She said she could probably hear the freight trains from 100 feet away. She finds it difficult to understand how this would not be very, very noisy and very, very intrusive to the neighbors. She said by its nature when the generator is running, it is going to be running full power. She would have to be persuaded or shown that the volume of sound is what has been presented tonight. Commissioner Waltonsmith indicated she was of the same thoughtfulness as Commissioner Patrick. She has been talking to engineers, colleagues, and neighbors who have generators. She said that in the last three months, two generator issues have come before the Commission. She expressed concern about putting in such a huge generator and the noise pollution in a quiet neighborhood. Chairman Page asked if anyone else in the area had a generator. Ms. Ratcliffe responded that to her knowledge, nothing had been proposed recently. Chairman Page expressed concern that based on the testimony given tonight regarding the decibel levels and considering that they meet the city limits, he would have to support the application because of what the law says. However, he expressed that this is something the Commission should take a hard look at because as more neighbors install generators and they are all cranked up, other issues arise. City Attorney Wittwer referred to Commissioner Jackman’s earlier question regarding other legal standards and noted that one of the purposes of City Ordinance Chapter 7-30 is to establish noise standards that are consistent with the General Plan, and to implement the noise element policy of the General Plan. He said he did not know whether staff had an opportunity to review the General Plan’s standard that might apply to this issue. Planning Commission Agenda Page 11 August 11, 1999 Ms. Ratcliffe responded she had not looked at the noise ordinance regarding this particular project. She said staff has been reviewing the General Plan and preparing an executive summary of the plan. She stated that the noise portion of the General Plan does not state specific standards in residential cases. Commissioner Patrick remarked that Mr. Woods has done a good job of getting experts to try to explain to the Commission the various issues regarding this matter. She suggested a demonstration which would be very helpful to her. She said she is not prepared to vote on this matter tonight as she still has too much question in her mind before she can vote yes. She expressed that the tree issue has been resolved by the arborist report; however, a demonstration of the generator before the Commissioners would not delay the construction work. She indicated that a demonstration would show her that the noise at the property line of the neighbors does not carry. Chairman Page noted that consensus shows that a motion for approval would fail; however, if a demonstration could be arranged it would provide the information necessary for the Commission to make a more-educated decision. Mr. Woods and Mr. Graven addressed the Commission and attempted to explain how the generator functions. Commissioner Jackman asked whether the project would be held up by not installing the generator in the next month, and Mr. Woods said the project would not be impacted. Following further discussion, consensus was that a demonstration at the site for Commissioners would be scheduled with staff. City Attorney Wittwer advised that since this item was not advertised as a public hearing, it should remain as a Director’s Item and continued to a later date. The item was continued to a later date. COMMISSION ITEMS None. COMMUNICATIONS Written Chairman Page noted the City Council Minutes for Regular adjourned meeting of July 13 and Regular meeting of July 21, 1999. Planning Commission Agenda Page 12 August 11, 1999 ADJOURNMENT TO NEXT MEETING With no further business to conduct, Chairperson Page adjourned the meeting at 9:10 p.m. to Wednesday, September 8, 1999, Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA. MINUTES PREPARED AND SUBMITTED BY: Lynda Ramirez Jones Minutes Clerk MINUTES AMENDED AND APPROVED BY: James Walgren Secretary to the Planning Commission