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PC 12-13-1993 CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue Cupertino, CA. 95014 (408) 252 -4505 MINUTES OF THE REGULAR ADJOURNED MEETING OF THE PLANNING COMMISSION HELD ON DECEMBER 13, 1993 ROLL CALL: Commissioners Present: Chairwoman Austin Vice Chairperson Mahoney Commiss:Loner Doyle Commissioner Roberts Staff Present: Robert Cowan, Director of I Community Development Ciddy Wordell, City Planner Thomas Robillard, Planner II Michele Bjurman, Planner II Chr. Austin read the regulations from the Brown Act regarding the public addressing the Planning Commission APPROVAL OF MINUTES: MOTION: Com. Mahoney moved to approve the minutes of November 22, 1993, as presented SECOND: Com. Roberts VOTE: Passed 3 -0 -1 ABSTAIN: Com. Austin POSTPONEMENTS OR NEW AGENDA ITEMS: Item 3: Applications 2- GPA -93. 3 -Z -93 and 14 -EA -93 - Cecil Mahon, West side of Regnart ad. - Continued to the Planning Commission Meeting of January 24, 1994. Application 5 -TM -93 - Cecil Mahon, West side of Regnart Rd. - Removed from Calendar Item 7: Application 6- EXC -93 - Lotus Development & Constr. Inc., 22661 San Juan Road - Continued to the Planning Commission Meeting of January 10, 1994. Item 8: Application 7- EXC -93 - Lotus Development & Constr. Inc., 22801 San Juan Road - Continued to the Planning Commission Meeting of January 10, 1994. Item 9: Application 11 -U -93 and 10 -EA -93 - Fit & Healthy Spa, 21267 Stevens Creek Blvd. - Removed from Calendar. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1S93 Page 2 WRITTEN COMMUNICATIONS: No discussion ORAL COMMUNICATIONS: - None CONSENT CALENDAR: 1. Application 4 -U -89 - Peninsula Bible Church: Request for a 7 month extension for construction of a 4,700 sq. ft. classroom. MOTION: Com. Mahoney moved to approve the consent calendar. SECOND: Com. Doyle 4 -0 VOTE: Passed ARCHITECTURAL REVIEW 2. Application No: 5- ASA -93 Applicant: Marie Callenders, #42 Property Owner: Byer Properties Location: 20750 Stevens Creek Blvd. Sign Exception for exposed neon. Staff Presentation: Planner Robillard presented the staff report noting the request is to place a monument sign with exposed neon in front of the Marie Callenders. Planner Robillard stated the reason this is an exception is that the designers of the sign ordinance felt that exposed neon is appropriate in limited circumstances. Signs using exposed neon should be reviewed by the Planning Commission on a case by case basis. He noted staff recommends approval according to the findings and conditions contained in the model resolution. In response to Commissioners questions, Planner Robillard stated this particular sign uses minimal neon and also noted that the size of the sign meets the requirements. MOTION: Com. Mahoney moved to approve 5- ASA -93 subject to the findings and subconclusions of the hearing. SECOND: Com. Doyle 4 -0 VOTE: Passed The Commissioned discussed moving item 10 up on the agenda. The consensus was to place item 10 after item 4. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 3.993 Page 3 PUBLIC HEARINGS: 4. Application No(s): 13 -U -93 and 3- EXC -93 and 15 -EA -93 Applicant.: Deep Cliff Property Owner: Hubback Location: McClellan /Foothill USE PERMIT for master development plan, including tree planting and removal, teaching center, practice green, patio cover and lighting. EXCEPTION request to allow and off -site sign in accordance with Section 17.20.10 of the Municipal Code. As three of the four Commissioners live within 500 ft. of the property under discussion, only one must abstain in order to maintain a quorum. After drawing straws Com. Roberts abstained. Staff Presentation: Planner Bjurman presented the staff report and outlined the location of the property. She stated the exception request is to place an off -site sign on the west side of Foothill on commercial property. She noted the proposed sign is to be 10" x 20" and will look like a City street sign. She noted the purpose and intent of the sign ordinance is primarily to provide for necessary competition among businesses. She noted staff's primary concern is the cumulative affect, however this particular user does have a unique need for an off-site sign, because of its location. Staff recommends approval with the condition that the sign be redesigned to meet the City Traffic Engineer's concerns. Applicant Presentation: Ms. Pamela Sharkey, Architect, Deep Cliff Golf Course, stated they concur with staff and will redesign the sign to meet the Traffic Engineer's concerns. In response to Com. Mahoney's question, Ms. Bjurman stated the sign will be as it exists today, but on a 7ft. galvanized pole. She also noted for health and safety reasons the sign must be a certain height. MOTION: Com. Mahoney moved to approve application 3- EXC -93 subject to the findings and subconclusions of the hearing, with the Condition that the sign be kept at 10" high and 20" long. SECOND: Com. Doyle VOTE: Passed 3 -0 -1 ABSTAIN: Com. Roberts The Commission continued with the Use Permit for this item. Planner Bjurman presented the staff report outlining the location of the golf course. She stated the request is for a master PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 4 development permit and the zoning on the parcel requires that a master development permit be adopted which would include building locations, theme, uses, landscape areas and construction phasing. Planner Bjurman stated the proposal is to, in the next three to five years, add exterior lighting to the parking area as well as to cover the existing patio. She noted they are also proposing some path lighting throughout the site as well as uplighting for landscaping. Additionally there is a 60 sq. ft. shack, for informational items. She added the largest proposal is for the teaching center which consists of a 600 sq. ft. building. Exterior tables are also proposed for seating and a proposed green area for putting as well as 14 hitting mats. In the putting area, exterior lighting is also proposed. Ms. Bjurman stated the following items are to be discussed: Tree Removal: One Monterey Pine is currently dead and proposed for removal. The remaining trees identified as "heavily impacted" in the arborist reports are to be maintained for the longest extent possible. Over the next 15 years the applicant is proposing to plant 250 additional trees. Flood Plain: Any new structure proposed in the flood plain must conform to the municipal flood ordinance. Permits must also be obtained from the Santa Clara Valley Water District and the State Fish and Game Department. Parking: The applicant currently does meet the parking requirements and will, after improvements are completed. During the peak season the parking lot is full and there is overflow parking onto the side streets. A parking management plan has been proposed which will be approved by staff. Lighting impacts: Lighting is proposed at the club house area for the parking lot. It is staff's opinion that the light proposed in this area will not affect adjoining property owners, because the closest homes are uphill and separated by trees. Lighting is also proposed around the practice area. Staff can restrict the lighting to this area only, but may in itself cause a nuisance, and the Commission may want to consider limiting the lighting around the practice pads only. Noise: Staff received a complaint regarding the amplification system. The Noise Ordinance does allow the use of amplification systems subject to decibel level and length of use maximums. A condition has been added to address the PA system. Trail easement: This parcel is identified as a trail link in the Stevens Creek Trail. One member of Deep Cliff Management will participate on the Stevens Creek Trail Committee. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 5 Ms. Bjurman stated staff is recommending approval of the development of the master plan, which will allow the improvements without separate use permit approval. Chr. Austin opened the public hearing. Ms. Pamela Sharkey, Deep Cliff Golf Course, presented proposed word changes to conditions in the staff report as follows: Condition 4, hours of operation to be less restrictive. Condition 6, Lighting, she noted the practice area is not a hitting range. Ms. Sharkey stated the level of lighting proposed for this area is similar to what is found in a parking lot. Ms. Sharkey requested a wording amendment to include the proposed putting green as part of the practice center. Condition 8, Tree Management, Ms. Sharkey requested that they notify the City when a tree dies and remove it, as opposed to requiring a tree removal permit. Mr. Reno Di Bono, 10675 Clubhouse Ln., believes that any proposal to add lighting or to expand, is an attempt to further commercialize a golf course which is in a residential area. Mr. Di Bono stated the problems are as follows: 1. Cars frequently hit by golf balls on Clubhouse Lane, 2. Golfers leave debris, 3. Traffic very hazardous, 4. Parking on both sides of Clubhouse Lane during peak season, 5. Has encountered drivers who have been drinking. Mr. Di Bono stated the golf course should be closed at dusk, but cars come and go after dark. He noted the PA system is too loud. He suggested no parking on Clubhouse lane, except for residents with permits. He noted that improvements should be made to the turn from McClellan onto Clubhouse Lane. He suggested speed bumps to slow down traffic. Mr. Di Bono stated the letter he read is signed by three residents on Clubhouse Lane. Mr.. Di Bono also read a letter from Mr. Shaw into the record. Ms. Saundra Wasoner, 10707 Par Three Dr., spoke in support of the proposed improvements. Mr. Jim Shaw, 10655 Clubhouse Ln., stated he concurs with Mr. Di Bono. He expressed concern about no discussion of traffic in the staff report and believes the improvements will increase traffic. He believes there needs to be more thought put into the plan before approving it. Mr. Shaw expressed concern about the lighting disturbing the wildlife and noted any plans for improvements will affect the neighborhood. Mr. Shaw stated the Manager from Deep PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1.993 Page 6 Cliff has made some verbal commitments regarding some changes and requested that any formal adoption of a plan should include his commitments. Planner Bjurman stated that staff did look at the traffic. She added, traffic was discussed with the Environmental Review Committee as well as with the Traffic Engineer. She noted the only increased growth would be from the hitting mats proposed which would result in approximately 40 additional parking spaces. She stated this was not a concern from a health and safety point or a level of service. She noted the applicant currently exceeds the parking standard. Mr. Roger A. Pott, 22273 De Anza Circle, stated he has lived in this house for 16 years. He expressed disappointment about the natural base pond being turned into an asphalt base, as this resulted in the lose of bird life in the area. Mr. Pott's believes that these improvements are a giant step forward to commercialization. He stated he does not support the lighting proposed and noise is a big problem. He stated there are parties held after dusk. He stated this is currently a day -time operation and should remain so. - Mr. Henry Markus, 10714 Deep Cliffe Dr., concurred with all the comments so far. He expressed concern about noise and has complained several times about this. He noted the PA system is too loud. Mr. Markus also expressed concern about the noise from delivery vans and tree cutting. Mr. Roy S. Mollard, 10728 Deep Cliffe Dr., stated the PA system has been put in within the last three years and he has complained about this to City staff. He noted he complained about some changes which took place about 2 or 3 years ago. He stated he was given many verbal assurance that problems would be dealt with. He spoke in support of removing the PA system. Mr. Mollard stated other sources of noise are the vacuum systems as well as delivery trucks. He stated if this was commercial property, deliveries would be limited. He added another source of noise is the mowing of the greens. He proposed that the hours of operation be restricted to 6 a.m. to half hour after dusk. Mr. Mollard also expressed concern about the proposed lighting stating this is not necessary and affects both residents and the wild life. Mr. Mollard expressed concern about traffic. Mr. Thomas M. Waugh, 22293 De Anza Circle, stated he concurs with Mr. Di Bono and Mr. Mollard's comments, particularly about the PA system. He stated the PA system does not have a place in a residential neighborhood. He stated he would support the proposals made by the public regarding hours of operation from 6 a.m. to half hour after dusk. He added he cannot use his deck in the evenings because of loud noises and parties. He objects to the proposed PLANNING COMMISSION MINUTES Regular Meeting of December 13, 3.993 Page 7 lighting and believes it is not necessary if hours of operation are limited. He stated the manager of Deep Cliff personally assured him that something would change to improve the PA system. Mr. David Webb, 10754 Deep Cliffe Dr., stated he agrees with the previous speakers objections. He noted the golf course, at times, has not been a good neighbor. Mr. Webb explained a situation in which brush needed to be cleaned up. He stated after no response from Deep Cliff it was cleaned up by neighbors at a cost of $350. He objected to the lighting proposed and noted flash lights can be used if necessary. Mr. Webb expressed concern about the PA system being used in the early morning hours. He urged the Council not to approve the plan at this time. Mr. Ken Kulpa, P.O. Box 160212, Assistant Manager, Deep Cliff Golf Course, stated he has lived on the property for four years. Mr. Kulpa stated he is very familiar with the wildlife as he has patrolled the golf course at night and light does not affect their patterns. He stated the golf course is a natural audubon cooperative sanctuary which was established two years ago, and noted the diversity of bird life on the golf course. Regarding noise, Mr. Kulpa stated a new mower was purchased to create a lower noise level. Mr. Kulpa briefly addressed the neighbors they have cooperated with and helped. He stated the T's will be rotated and this is in agreement with the neighbors. Mr. Kulpa stated the screen to protect the residents was put in place approximately two years ago. He stated Deep Cliff Management has tried to be a good neighbor and believes the lines of communication have been open. Mr. Kulpa addressed the tournament parties and noted during the summer months the latest they run is 10 p.m. He also pointed out that the PA system is vital to the operation of the golf course. Mr. Steven Schwartz, 10700 Clubhouse Ln., General Manager, Deep Cliff, stated he has tired to work with the neighbors and is trying hard to manage a golf course in a residential area. He believes a way to solve some of the problems is to sit down with the neighbors and discuss the issues. Mr. Schwartz stated the reason for the improvements is because they were approached by•the City's Parks and Recreation Department and the School District to provide programs for school children. He stated Deep Cliff does not currently have a practice facility and they are proposing 14 mats with a net to allow children to come in and be taught golf. He stated it is important that Jr. Golf be a part of the golf course. Mr. Schwartz stated the golf course has operated at the same capacity for the last 15 years and the reason for the practice area is for school children. Mr. Schwartz stated the peak season is only 30 days in the year and the program to add another 20 stalls will alleviate some of the cars parked on the side streets. He added, that currently the golf PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 8 course has been operating until 10:00 p.m. in the summer months. He believes the wildlife will not be affected by the proposed lighting and added they will not cut down trees unnecessarily. He stated that Deep Cliff is committed to Cupertino and believes the lighting is important for a parking lot. He expressed concern about safety without the lighting. He stated they have worked with the neighbors in the past and will continue to work with them in the future. Mr. Gary Remmen, 10747 Par Three Dr., stated he moved into his house because of the rural setting and expressed concern about the changes proposed and also the changes made in the past. He expressed concern about the noise of machinery out on the golf course. He stated the trees were a buffer to the noise, but they have been trimmed and no longer serve as a buffer. Mr. Remmen also expressed concern about the lighting and would like to keep the rural setting of the neighborhood. Mr. Dale Adams, 10784 Deep ClifFe Dr., spoke in support of the neighbors who spoke at this meeting. He stated he has objections to the additional light proposed for the parking lot. He stated he supports the golf course, but does not want to see the growth. He • spoke in support of the dawn to dusk hours of operation. Chr. Austin closed the public hearing. Commissioners stated the issues are as follows: Lighting Hours of operation Parking Traffic Noise Wildlife T- Rotation Chr. Austin stated the Management: of Deep Cliff and the neighbors need to resolve some of the problems. She also suggested a shuttle for peak periods to cut down on the parking problems. Com. Doyle stated a golf course in a neighborhood is not unusual and the Commission needs to look at the long term activities. He concurs with Chr. Austin, that a meeting should be held between the neighbors and Deep Cliff. Planner Bjurman addressed the past problems on Imperial Ave. and noted the conditions tailored more closely to the public input. She noted a series of public hearings were required with a one year approval. She suggested the same approach for this application. Com. Doyle expressed concern about the hours of operation proposed and the starting time of the maintenance activities. He supports PLANNING COMMISSION MINUTES Regular Meeting of December 13, _993 Page 9 the tree management plan, the establishment of the school, and noted the putting area is in existence. He expressed concern about the practice area and the traffic it will generate. Com. Mahoney spoke in support of the practice area and the additional required parking. He stated the hours should be kept from dawn to dusk and lighting should be restricted. He spoke in support of removing and using an alternative to the PA system. He supported the tree management program and suggested adding a condition to address the T- rotation. Chr. Austin stated she would also like the PA system removed, if not, it should be severely limited. Hours should be dawn to dusk and machinery should not start in the early morning hours. She spoke in support of the teaching center and believes there is no need for the lighting proposed if the hours of operation are restricted. Mr. Cowan suggested giving direction to the Traffic Department to look at the traffic issues related to the intersection at Clubhouse Lane and McClellan Rd. • Com. Doyle reiterated that the additional parking requirements related to the practice area is a major concern to him. Mr. Cowan asked if the Commission would like more information, particularly on the parking, before approving this? He stated staff will also address the PA system. The Commissioners agreed that more information is needed and this should be continued. Com. Mahoney stated this should be a day -time operation, but would support minimal lighting. Mr. Schwartz stated the proposal is a result of being approached by the School District. He noted the golf course will not be busier in the future and the practice facility proposed is an amenity to the community. He noted a lot of work went into the proposed master plan, and noted there will not be lighting all over the golf course, but lighting is needed for the parking lot. He stated they will talk with the neighbors to discuss the package as a whole. The issues that need to be discussed are: Parking Alternative to the PA system Current hours of operation Maintenance hours. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 10 MOTION: Com. Mahoney moved to continue this 13 -U -93 and 15 -EA -93 to the meeting of January 24, 1994. SECOND: Com. Doyle VOTE: Passed 3 -0 -1 ABSTAIN: Com. Roberts There was a request to move item 10 on the agenda. 10. Review of Chapter 19.96 (Parking and Keeping Vehicles in Various Zones). Request by resident to move item to beginning of agenda. Staff Presentation: Planner Robillard presented the staff report and recommends that the Planning Commission direct staff to schedule a public hearing to amend section 19.96.030 and any other municipal code section with similar regulations. He noted the other option is to leave the ordinance as written. In response to Commissioners questions, Planner Robillard stated there are several alternatives that could be discussed at a public hearing. He stated the 50% impervious coverage should be changed. • In response to Com. Roberts question, Mr. Cowan stated several years ago the City did prohibit parking of large vehicles and many people petitioned that this be aI Mr. Norma Bradlyn, 22344 Riverside Dr., asked if a permit is required to cover the front yard of ones property? Planner Robillard stated a permit is not required for putting in a concrete pad. Ms. Bradlyn stated the parking of the RV on St. Andrews is an eyesore and will hurt property values. She noted people should rent space if they want to have these large vehicles. Mr. Greg Beall, 22437 St. Andrews Ave., stated this process was started back in October. He noted they did not request that a code be re- written so this would not happen in the future. Mr. Beall asked the Planning Commission to reverse the position of staff. He stated after several conversations with staff, they were lead to believe that this would not be allowed, but were dismayed to learn that there is no regulation which prohibits this. Mr. Beall addressed Ordinance 19.96 which regulates the parking of vehicles which are unsightly, oversized or detrimental to property values or peace and enjoyment of neighboring property owners or residents. He stated this ordinance does allow the activity, as shown in the pictures, presented to the Commission. He believes this activity violates every word stated in the purpose of the ordinance and has a negative impact on the neighborhood. He stated he is representing 9 residents on St Andrews Ave. who are requesting that PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 11 the Planning Commission rule that the purpose of the code carries greater weight than regulations, and order removal of the development at 22448 St. Andrews Ave. He stated any new regulations should be applied to this property. Mr. Cowan stated the City Attorney assured him that there is no way to allow the purpose and intent of the ordinance to override the prescriptive section of the ordinance. He apologized if he mislead people several months ago. He noted the only option is to prohibit this from happening in the future. Com. Roberts stated if the ordinance was changed to prohibit the parking of vehicles exceeding a certain size, this would be retroactive. Mr. Cowan stated the person would have a legal non - conforming use. He noted he will discuss this issue with the City Attorney. Ms. Lydia Beall, 22437 St. Andrews Ave., stated they have been following this since October and have been assured by staff that this concrete pad would not occur. She believes that all the time and effort put into stopping this concrete pad being put in place, • was done in vain. She spoke in support of recreation in general, but does not believe it should be imposed on a neighborhood. Com. Mahoney stated there are two issues. One is, if a parking pad is allowed at all, and the second is the size and shape of the vehicle. Planner Robillard briefly reviewed the front yard setbacks. Ms. Ann Hart, 22423 St. Andrews Ave., asked if the vehicle must belong to the homeowner? She also noted the pad as is, is too large and must be amended. She suggested talking to the neighbors and come up with a compromise. Planner Robillard stated the property owner will reduce the concrete pad to meet the 50% limit. He stated he will talk to the property owner about discussing the issue with the neighbors. Regarding the homeowner owning the vehicle, Planner Robillard stated the only requirement is that the vehicle be registered. There was a consensus to continue this item to January 24, 1994. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 . Page 12 5. Application No(s): 4- EXC -93 Applicant: Mike and Christy Akatiff Property Owner: Same Location: - 22002 Lindy Lane EXCEPTION to construct an addition to a residence on slopes greater than 30% in accordance with Section 19.40.050 of the Municipal Code. Staff Presentation: Planner Bjurman presented the staff report and noted the existing home is in a heavily wooded area. She noted the proposal is to add approximately 6,000 sq. ft. She stated this project has been in building plan check since December 1992. Ms. Bjurman stated the City Council created a special provision for "pipe line" projects, which allowed an exception to be granted based on General Plan policies and exception findings alone. She added these projects would not be compared to the specific provisions of the Site Development Regulation in the Ordinance. She stated the design has a varied roof line and has a horizontal wood decking. Ms. Bjurman stated there is a series of site constraints which limit the location of the addition. Ms. Bjurman stated staff recommends approval as outlined in the staff report. In response to Chr. Austin's question regarding tree removal, Ms. Bjurman stated the tree which is to be removed was not required to be replaced as it is in a heavily wooded area. Ms. Bjurman briefly reviewed the proposed plans. She noted this proposal did meet the previous hillside ordinance. Chr. Austin opened the public hearing. Applicant Presentation: Mr. Mike Akatiff, 22002 Lindy Lane, stated this process started back in 1989. He discussed a problem with a water line, which took a couple of years to resolve. He stated plans were submitted in 1991 and in the interim the General Plan was changed and they were not aware of this. He added when the project was complete they realized it did not meet the current standards. He stated they addressed the Council who directed that the special provision be included in the General Plan. Mr. H. William Rothstein, 5678 Hughes Place, Fremont, expressed concern about the amount of exceptions on this agenda and asked what assurances he has if he moves in to Cupertino that rules and regulations won't change in a few years? Chr. Austin closed the public hearing. In response to Com. Roberts question regarding the exceptions, Ms. Bjurman reviewed the exceptions if followed under the existing General Plan. PLANNING COMMISSION MINUTES Regular Meeting of December 13, 3.993 Page 13 In response to Com. Mahoney's question regarding how many property owners are in this situation, Mr. Cowan stated approximately 4 or 5. He noted they all went before the Council and the Council included the special provision to address their problems. Com. Roberts stated this application exceeds, in more ways, the Ignacio application heard at a previous meeting. Com. Mahoney stated there has been much time and money spent on this and the Council did provide the special provision. Chr. Austin expressed concern about the grading and also building on a 30% slope. She stated she would not support this project. Com. Doyle stated the Commission did take a stand by adopting the Hillside Ordinance on November 15, 1993. He noted these people, in good faith, planned under the old ordinance and submitted before the November 15, 1993 date. Ms. Bjurman stated there are no vantage points or prominent ridgelines to be considered. MOTION: Com. Mahoney moved to approve application 4- EXC -93 subject to the findings a subconclusions of the hearing. SECOND: Com. Doyle VOTE: Denied 2 -2 NOES: Austin, Roberts Com. Roberts stated his denial is based on the combination of size and slope. 6. Application No: 5- EXC -92 Applicant: Ronald J. Hass Property Owner: Mehdi Naderzad /David Benjamin Location: 21620 Rainbow Court EXCEPTION to construct a new residence on slopes greater than 30% in accordance with Section 19.40.050 of the Municipal Code. staff Presentation: Planner Bjurman presented the staff report and outlined the property location. She noted the applicant is requesting an exception to Section 19.40.050 - Site Development Regulations. She noted the total flat yard area proposed, including the pool is 2400 sq. ft. She stated staff is recommending approval of the pool and the exception as outlined in the report. She added there are no ridgeline issues. Chr. Austin opened the public hearing. Applicant Presentation: Mr. Ronald Hass, representing property PLANNING COMMISSION MINUTES Regular Meeting of December 13, 7.993 Page 14 owner, noted the property was subdivided in the 80's and there was a site plan approved for this parcel and the proposal is within the original approval. He noted the main area for building does have a slope which is in excess of 30% so there is not a viable option to shift the pad. He noted the grading is contoured with the slope and small walls are proposed to help minimize grading. He stated the living area and garage is approximately 5200 sq. ft. He noted the driveway comes in off an additional driveway for the adjoining neighbor. He believes what is proposed is the best location for the building. Ms. Edith Zanotti, Rainbow Dr., stated she owns the utility road above the lot in question. She stated she owns approximately five feet in from the utility road and asked if this was taken into consideration by the applicant. Ms. Bjurman noted this was taken into consideration. Mr. Cowan noted this will be certified by the engineer before building begins. Mr. Tim Heyboer, 21612 Villa Marie Ct. asked the reason for not building on a slope 30% or greater? Mr. Cowan stated this number was developed by the City Council and Planning Commission and it is primarily based on aesthetics. Mr. Cowan pointed out that if a building is proposed on a slope less than 30% it is an administrative decision, but if more than 30% slope, it must go through Planning Commission review. Mr. Heyboer stated there is a neighborhood committee who reviews architecture. Mr. Cowan stated the City does not enforce neighborhood CC &R's. Mr. Heyboer stated they have had problems with creeping soil. Mr. Rothstein addressed the easement required, Ms. Bjurman stated the easement has been granted as part of the subdivision. In response to Com. Mahoney's question, Ms. Wordell stated the pool is included in the flat yard area. Com. Roberts expressed concern about the soils issue. Regarding the soils problem addressed by Mr. Heyboer, Mr. Cowan stated the Rainbow subdivision was approved in the mid 70's and the City's geologist did review the work, and as a result of this, roads were moved and land was removed and recompacted. He noted this is the first he has heard of a problem in this area. He added the overall subdivision was approved based upon a fairly exhaustive geotechnical evaluation. Ms. Agnes Benjamin, 21570 Rainbow Dr., stated she has never had a PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 15 complaint regarding mud slides in this area. Ms. Zanotti stated there have been areas in this location were the soil has moved -. Com. Doyle stated that 2400 sq. ft. flat yard area is reasonable for this lot. Com. Roberts expressed concern about drainage, but believes they have put the house on the best location. Com. Mahoney stated he would not support the exception for the pool. He noted if there is a soils problem the pool will add to this. He added 1400 sq. ft. maximum for flat yard area. Chr. Austin concurred with Com. Mahoney. MOTION: Com. Roberts moved to approve application 5- EXC -93 subject to the findings a conclusions of the hearing with Condition 1 modified to eliminate the pool construction. SECOND: Com. Mahoney VOTE: Passed 2 -2 NOES: Doyle, Austin Com. Doyle noted he did not vote for this motion because of the condition on the pool, but would like the applicant to be able to build. MOTION: Com. Mahoney moved to approve application 5- EXC -93 subject to the findings a conclusions of the hearing with Condition 1 modified to eliminate the pool construction. SECOND: Com. Roberts VOTE: Passed 3 -1 NOES: Austin Com. Doyle commented that the applicant may appeal the flat yard area allowed in order to construct his pool. NEW BUSINESS: • 11. Selection of alternate Planning Commissioner to the Environmental Review Committee. This item was continued at this time. REPORT OF THE PLANNING COMMISSION: - None REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT: - None PLANNING COMMISSION MINUTES Regular Meeting of December 13, 1993 Page 16 DISCUSSION OF NEWSPAPER CLIPPINGS: - None ADJOURNMENT: - Having concluded business, the Planning Commission adjourned at 11:50 P.M. to the next Regular Meeting of January 10, 1994 at 6:45 p.m. Respectfully submitted, - C.1 Catherine M.' Ro r llard, Recording Secretary Approved by the Planning Commission at the Regular Meeting of January 10, 1994 Donna Austin, Chairwoman Kim Smith, City •