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HomeMy WebLinkAbout01-08-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES **********~********* TIME: Monday, January 8, 1973 - 7:30 P.M.. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION , A. ROLL CALL Present: Commissioners Bacon, Belanger, Lively, Marshall, Martin,:. ~ and Smith. Absent: Commissioner Metcalf. B. MINUTES Commissioner Smith moved, seconded by Commissioner Marshall, that the reading of the minutes of the December 26, 1972 meeting be waived and they be approved as distributed; motion carried with Commissioners Bacon and Belanger abstaining. C. ELECTION OF OFFICERS The Secretary stated that the yearly election of officers for the Planning Commission should be scheduled for the next regular meeting. Chairman Lively directed the the ~atter of election of officers and committee appointments be duly scheduled on the agenda for the meeting of January 22, 1973. He further recommended that consideration be given to election of.a new Chairman of the Planning Commission since he has served as Chairman for two'(2) years and feels other members of the Commission should be given'the opportunity to serve in this capacity. II. PUBLIC HEARINGS A. C-163 - James W. Day, Wo0dbank Way and Quito Road - Request for Change of Zoning from "R-1-40,O00" (Single-Family Residential) to "R-1-40,O00~ P-C" (Single-Family Residential - Planned Community) - Continued from December 26~ 1972 Chairman Lively reopened the hearing relative to C-163 at 7:34 P.M. The Secretary read two (2) cormnunicationsfiled in opposition to the proposed application by the following: 1) The Saratoga Horse Lover's Association and 2) John and Anne Terry of 18675 Woodbank Way. Mr. Ed Kolstad,'. present to represent the applicant', stated that 1) eight' (8) different plans have been drawn for this property 2) the ".p-c" plan has caused considerable animosity in the neighborhood - this was not the intent of the developer 3) after'meeting with the Subdivision Committee and the principles involved another map has been brought in and this plan does the least to change the natural contour and terrain of the property 4) under this plan each lot is 40,000-squaFe feet in size with streets at a width of 40-to-60 feet 5) the streets would follow the low contours of the land and this would be most expedient ~or drainage and leave the land in its most nearly natural state and 6) this proposed plan has been discussed with the Sub- division Committee. Commi~sio~ Marshall stated that'the secondary access would be angling back- to a private driveway under the current plan proposed by the applicant. Mr. K61stad explai'ned that it would fall upon the developer to obtain the permission of the owner to use the private driveway for emergency access. Planning Commission Minutes - January 8~ 1'973 - Continued II. A. C-163 - Continued Commissioner Marshall stated that the Subdivision Committee did check the Park and Recreation Master PIan for Trails and Pathways and the equestrian trails through this property are not shown on that map; however, these trails are an important connection to other existing trails. Mr. Kolstad explained that the people.using these trails 'are,. in fact, trespassing and now it seems the~ feel b'ecau'Se~the trespaSsing"has be~n'-~ allowed in.-the past it is now wrong for anyone to prohibit further trespassing due to development of this property. Chairman'Lively stated that it should be remembered that the ri~ing and keeping of horses is the practice of the neighborhood in general and the Planning Commission should do wh~t they can to retain this practice. The area is located in the equestrian zone. Commissioner Smith agreed that an equestrian zone was established in this area several years ago, but that~does not mean that the residents of the area have the right to trespass Over private property. There are no legal horse-trails located on this app~icant's property. Commissioner Marshall stated tha~ the property =pwner should have the right to determine if he wants to eliminate trespassing across his property. Commissioner Bacon stated that riders a~e presently using the trails on this property on sufferance - there is no formal arrangement at the present and if the use is to be continued some authorization must be obtained before subdivision approval is granted..! Mr. Kolstad'.explained that 1) t~e applicant would like to get some opinion from the Planning Commission on the plan that has been proposed 2) the applicant desires to withdraw the request for a "P-C" development and sub- mit a plan for development under.the existing zoning since there are too many conflicting g'roups involved.in the "P-C" zoning and 3) the property would be an excellent location for'a "P-C" development. Chairman Lively explained that 1) under a "P-C" development the City is able to enforce better control as relates to fences and the perimeter of the property 2) it seems there Could be some compromise where the developer could have his twentI (20) sites, the City could have its green area or open- space and some~~'~ ..~ can b~ accomplished in-connection with the horse ~rails and 3) it is his hope the developer will not abandon the "P-C" develop- ment proposal. Commissioner Martin stated he would be interested in seeing a plan where the majority of the lots are 40,000-~quare feet in size and can; therefore, be' in conformance with the equestrian zone established in the area. Perhaps, some of the lots along the proposed green-area could be smaller where the property is steeper because thos~ lots would not be suitable for the keeping of horses. ~ Chairman Lively recommended. to the subdivider that he 'again meet with the Subdivision Committee and work toward a plan to develop this property under the "P-C" zoning. 'l Commissioner Smith recommended that the applicant. be allowed to develop the property under a straight "R-I-40,000" (Single-Family Residential) zoning district. Commissioner Bacon pointed out that the.green-are~ p~oposed for the center ' of the "~-C" development is approximately l~-acres in size and that would constitute less than 10% of the ~otal land available' and that would leave very little for a green-area along the road. Chairman Lively agreed and stated that it is very important to retain the view from Quito Road. -2~ Plannin~ Commission Minutes - January 8~ i973 - Continued II. A. C-163 - Continued Commissioner Martin stated that perhaps the adjacent property owner would be willing to include his property as part of the proposed subdivision development and have some green-area around his property. Chairman Lively stated that, he felt, some good ideas were in the making and this subdivision should resemble the neighborhood and care should be taken to create a very careful blend and to avoid creating an eye-sore. Commissioner. Marshall noted that!the residents' of the area are adamantly opposed to a "P-C" development, but they should be made to realize that the developer is within his rights to build within the existing zoning at any time. Mrs. Christensen, present to represent the. Saratoga Horse Lover's Association, stated that 1) it {s'not the intent of the residents of the area to trespass on the h0rse~trails .located on this property 2) there is a Master Plan for Trails and Quito Road is stipulated as one of these trails 3) it is obvious to anyone traveling Quito Road that it is too congested with traffic to be of much use as a horse- trail 4) it is the desire of the Horse Associa'tion to establish a precedent that whenever a new subdivision comes into an equestrian neighborhood legal permission can be granted for legal use of horse- trails through the property and 5) this is the only method by which the practice of keeping horses in Saratoga can be continued. Commissioner Smith stated that if this developer is asked to provide horse trails for the benefit of ~he horse people an area will be created that will not be maintained by anyone. .Chairman Lively stated that a similar arrangement was created in the Apricot Hill Subdivision. He requested the Secretary to get the condi- tions.pertinent to the horse trails set-up in that subdivision. Mr. K01stad explained that 1) the developer has no objection to dedicating a strip of land for an equestrian trail; hpwever, it must be remembered that the land will be divided and sold and the area-designated for horse trails will not be anybody's responsibility; therefore, a maintenance problem could occur and 2) it will be difficult to convince the buyer of an $80,000 home that the unmaintained area of the horse trails will not be an eyesore. Mr. Ray Vernon of 14904 Sobey Road stated that his concern is that the "P-C" development does hot allow four-footed anima_ljs. He is very much involved in 4-H Projects and feeis that a development disallowing certain animals would hamper his freedom .to keep same. The Secretary explained that a stipulation could be made that horses and other four-footed animals be allowed in the proposed "P-C" development. Commissioner Bel~nger stated she,~ along with Commissioner Metcalf, is {~terested in seeing the subject.property developed {n"nthef'.be~t-~way possible. A "P-C" development would provide the City with key controls necessary to maintain the character of this.property. Chairman Lively closed the hearing for the 'evening at 8:21 P.M., directed C-163 continued to the next regu%ar.meeting and referred same to the Sub- division Committee for study and:to the General Plan Committee for review of the trails located in this ar~a. B. C-174 - Ruth C. Peck, Pierce Roa~ - RequeSt for Change of Zoning from "R-1-40,O00" (Single-Family Residential) to "A" (Agricultural) - Continued from Decembe~ 26~ 1972 Chairman Lively reopened the,hearing relative to C-174 at 8:22 P.M. Planning Commission Minutes - January 8~ 1973 - Continued II. B. C-164 - Continued ~ The Secretary read a communicati6n received from Fred IranX-~ owner of property adjacent to the Peck land', in which he recommends improvements for. the subject property (Peck's) and asked that the proposed improvements be required as a condition of the Change of Zoning approval. The applicant was present~'and/stRted that 1) in regard to the maintenance of the easement mentioned in Mr. lIrany. t~'~.' letter - there are two (2) entrances to this property 2) one entrance is from Mr. Eden Road and the other is the entrance referred to in the Iraney letter 3) Mr.' IranKT. .did take her to court over contributing toward the maintenance of this road and the judge consequently ruled in her favor 4). Mr.'Iran~" does have a point in that the property does need to be fenced and when the proposed Change of Zoning is resolved the fencing. will be provided 5) she would be willing to Contribute something toward the upkeep of the road easement but only on the basis of a fair-share agreement. The Secretary 'read the Staff R~p0rt dated January 8, 1973 recommending that the subject Change of Zoning request be approved. Chairman Lively amended the 'subject Staff Report by adding the following condition: "That fencing be provided to contain livestock." Commissioner Smith moved, seconded by Commissioner Bacon, that the hearing in connection with C-164 be closed at 8:29 P.M.; motion carried unanimously'. Commissioner Smith moved, seconded by Commissioner Bacon, to adopt, as amended, the Staff Report dated January 8., 1973 (and forward same to the City Council as the recommendatiqn Of the Planning Commission) and that the subject application for Change of Zoning in connection with C-164 be approved on the basis the findings required under Section 1.1 of Zoning Ordinance NS-3 can be made subject to the condition=.~ stated in said re- port and.for the reasons set forth'in the Staff Report dated November 30, 1973 relative to C-164; motion carried unanimously. C. C-165 - Anthony Cocciardi, Pierce Road - Request for Change of Zoning from "R-I-40,000" (Single-Family Residential) to "A" (Agricultural) - Continued from December 26, 1972 Chairman Lively reopened the hearing relative to C-165 at 8:30 P.M. The Secretary read the Staff RepOrt dated January 8, 1973 recommending that C-165 be approved. Commissioner Smith moved, seconded by Commissioner Bacon, to close the hearing in connection with C-165 at 8:32 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Marshall, to adop~ the Staff Report dated January 8~ 1973 (and forward same to the City Coundil as the recommendation of!the Planning Commission) and that the subject application for Change of Zoning in connection with C-165 be approved on the basis the findings required under Section 1.1 of Zoning. Ordinance NS-3 can be made fo~'~t~e reasons set forth in the Staff Report dated December 15, 1972 relative to C-16~; motion carried unani- mously. Plannin8 Commission Minutes - January 8~ 1973 - Continued II. D. C-156 - Saratoga Foothills Dev. Corp., Saratoga and Bucknail Road - Request for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "R-M-3~000" (Multi-Family Residential) Chairman Lively opened the hearing at 8:34 P.M. The Secretary stated the Notice of Hearing was mailed and published. This request for Change of Zoning is actually re-introduced at this time since it was continued from several months ago until some resolu- tion relative to retirement housing could be prepared. by the City Council and until completion of the 1972rGeneral Plan. Mr. Jerry Lohr~ present to represent the applicant, requested that the Change of Zoning application #C-156 be amended to read: "Request for Change of Zoning from "R-l-10,000" (Single-Family'Residential) to "R-M-4,000" (Multi-Family Residential) Chairman Lively requested the SeCretary to re-notice C-156 with the amendment as stated by the a~plicant's representative. Mr. Lohr then stated that 1) the applicant is not interested in developing the subject property as an "R-i" (Single-Family Residential) development since the property is best suited to an "R-M" (Multi-Family Residential) development and 2) 'the owner has had opportunites to develop this property, but has postponed development in order to await approval to develop the property !as an "R-M" development.. COmmissioner.Marshall stated thaE the original plans showed the residences located on this property as belonging to the owners of this property and it was indicated at that time that the subject residences would not be included in the development. , Mr. Lohr stated there is a possibility that the owners of the property may include the subject residences as part of the development; however, he Would hesitate to speak for them since they do live on the property. Commissioner Marshall stated One:undesirable aspect of'this development is that there would b& an."R-M" development mixed in with and "R-i" and this developer would build around the existing residences on the property - it is his (Commissioner Marshall's) recommendation that ithis be a total development rather than a'hodge-podge. Commissioner Smith suggested that.the.-property owners-along with the developer should meet with the SUbdivisiOn Committee to discuss this matter. Mr. Teresi, one of the p~operty owners, was present and stated that he is not prepared to commit himself on the matter of.including his residence as part of the "R-M" development. Chairman Lively closed the hearing for the evening at 8:44 P.M., referred C-156 to the Subdivision Committee and directed the matter continued to the next regular.meeting. III. BUILDING SITES AND SUBDIVISIONS A.' SDR-996 - Manuel Costa, Quito Ro~d - Building Site Approval - 1 Lot - Continued from December 26~ 1972 The Secretary recommended that SDR-996 be continued to the next regular meetipg. The State Division of Highways has been contacted and their comments have not been received by the Staff;_-ther. efore, a continuance "is requested. Chairman Lively so directed. Plannin8 Commission Minutes - January 8~ 1973 - continued III. Bi! SD-1009 - Saratoga Foothills Dev..Corp., Big Basin Way and Sixth Street - Subdivision Approval - Condominium - 29 Units - Continued from December 26'~ 1972 The Secretary recommended that ~D-1009 be continued to the next regular meeting. Chairman Lively so directed. C. SDR-1014 - Lawrence J. Guy, Saratoga Hills Road - BuildiNg'Site Approval - 1 Lot - Continued from December 26~ 1972 The applicant was present and s~ated he did examine the conditions .~.stated in the Building Site Committee Report of January 8, '1973 and expressed satisfaction with same. jCommissioner Marshall recommended that the Building Site Committee Report in connection with SDR-1014 be amended by adding the following condition "P~" "P. Design Review Approval required." Commissioner Smith moved, seconded by Commissioner Bacon, that the · . Building Site Committee Report dated January 8, 1973 relative to SDR-1014 be adopted, as amended,! and that the tenative'map (Exhibit "A", filed December 15, 1972) be approved subject to the conditions set forth in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-391 - George W. Day (Jim Day), Fruitvale Avenue and Douglass Lane - Final Design Review - Revision of Plan for Lot 7. The Secretary explained that this lot was originally designated as a two-story house, but the present property owner would like to build a. single story structure. Commissioner Belanger stated that at the time Design Review Approval was originally granted '~here was not as much emphasis placed on requiring a two-story house on this lot since the possibility of placing a two-story on another lot was possible; however, it has been made evident there are few lots left suitable for construction of a two-story house. Since this developer fd~'sig'~ho'~to cover t'~rfro'~f'~h'~'f~ts the ~o-story structures' would allow 'for some!change~ Mr. Robert Norton, owner of Lot.7, stated that 1) he and his wife are co-owners of Lot 7 in Tract 5150 2) he would like to secure Planning Commissiqn'!.' approval to build the one-story home of his choice on Lot 7 3) he and his family moved to the San Jose area in 1960 and decided to live in Saratoga 4) in 1963 hezwas transferred to Boston and designed and built a home there 5) in 1964 he again came back to Saratoga and built another home on Carniel Court 6) in 1971 he was transferred to Florida and built another home there 7). after that his wife became very ill and as a result of limited medical facilities in Florida he requested a transfer back to California and now he would like to build another home in Saratoga in the George Day Planned Communit~ 8) because of his wife's illness he is interested in building a single~s.tory structure so that it will be easier for her to get about and the subject location was chosen because the children -will be able to go.to and from school without crossing a busy street and ~ it was the only lot left with the desired exposure 9) all during preparation of his plans for a single-story home for this lot no one informed him ..... that a two-story home was required a~d 10) he has spent considerable time and money on his plans and would appreciate approval of same at this time. -6- Planning Commission Minutes - January 8~ 1973 - Continued IV. A. A-391 - Continued' Mr. Lou Leto, present to represent the applicant, stated that 1) there are only two lots left in this Planned.'Community Development that are uncommitted - Lots 1 and 3 3) Lot 1 is adjacent to Fruitsale Avenue and Lot 3 is already designated for a two-story house; therefore, there are no'.~lots'.left that can be exchanged for the two-story originally proposed for the Norton lot unless a two-story is placed at the corner of Fruitvale Avenue and 3) it was his understanding that the plan approved by the Planning Commission originally was an interim plan and that each lot could obtain apprqval on its own merit. Commissioner Marshall stated that it was never agreed that the approved plan would be an interim plan. Commissioner Martin agreed that ~ariations are needed in this subdivision and he finds it difficult to see~that the proposed 'plan is a variation, but he does feel that some ~ltera. tion~ {s necessary and can be obtained without requiring a two-story structure ~n this lot. He does feel the proposed design for Lot 7 is different from the'Z~LtypiCal George Day design. After further discussion it was the opinion that the owner. of Lot 7 be allowed to submit a one-story plan for Lot 7 for review by the Design Review'Committee. Chairman Live~y directed A-391 continued to the next regular meeting and referred same to the Design Review Committee for 'further study. B. A-405 - Saratoga FoOthills Dev. Corp., Big Basin Way and Sixth Street - Preliminary Design Approval - Subdivision Approval The Assistant Planner read the S~aff Report dated. January 1973 recommending that Preliminary Design Approval.be granted for A-405. The Secretary explained that the.Architectural Advisory Committee has reviewed the proposed plans and ~heir only concern is the access'to".the property; otherwise, they feel the plan is superior. Commissioner Belanger recommended that the subject Staff Report be amended !bY adding. the fo%llowing conditioh (f): "(f) Submit elevations for all buildings for Final Design Approval for proposed vari- ations of basic ~tyle." Mr. Jerry Lohr, present to represent the applicant, stated that the applicant would like some indication as tb whether the general concept is acceptable. Chairman Lively stated that 'the Planning Commission is concerned with the details of design for this development. Commissioner Martin Stated that he did not'feel the emphasis should be to try to reconstruct a 19th century town. Mr. Jim Morelan, architect, stated that the intent is to bl~nd early 190Oarchitecture with contemporary expression lby .~sing natural wood. Commissioner Bacon explained that the preliminary plans were quite appeal- ing in the ~pinion of the Design'Review Committee and the details could be worked out and submitted under Final Design Review Approval. /Commissioner Bel~nger moved, seconded bY commissioner Bacon, thai the staff Report dated January 8, i9~3 be adopted, as amended, and that Preliminary Design Approval be granted-for A-405 as shown on Exhibit "G" and subject to the conditions .stated in said report; motion carried with Commissioner Martin voting "no". Planning Commission Minu~'es - January 8~ 1973 - Continued IV. C. A-406 - Cal-West Communities, Saratoga Avenue -:Preliminary ~esign ApprOval 55 Unit Condominium Pro~ect - Landscape Plans The Assistant Planner read the Staff Report dated January 8, 1973 recommending that Preliminary DeSign Approval be granted for the landscape plans in connection A-406. · Commissioner Belanger moved, seconded by Commissioner'~'B~c'~,. that· the Staff Report dated January 8, 1973 be adopted and thaeTPreliminary Design Approval be granted for the lands~cape plans for A-406 as shown on Exhibit "E" and subject to the c~nditions set forth in said report; motion carried unanimously. RECESS AND RECONVENE D. A-407 - Osterlund Enterprises, Saratoga and Cox Avenues - Final Design iReview - Shbdivision Approval - Continued from December 26~ 1972 The Assistant Planner read the Design Review Committee Report recommending that Final Design Approval be granted for A-407 as shown on Exhibit "A". He, also, read a Staff Report recommending that a solid decorative fence plus landscaping be constructed at the intersection of Saratoga and Cox Avenues. Commissioner Marshall stated tha~, he felt, a six-foot fence is ess'ential at this intersection for the reasons stated in.~the Staff Report. Even with extensive landscaping a six~foot fence would be needed-to provide privacy and protection for the families buying the homes at this inter- section. Chairman Lively stated that it would be undesirable to live at this loca- tion without a fence at the rearzyard. /C~airman L'i~l~ amended the Design Review Cqmmittee·.R~port dated .January 8, i~'973 b~di~'~e following sentence to condition/(f): "Submit fence design 'for final design ·review." Commissioner Martin recommended ~hat a time limit be set in order to assure that the landscaping alon~ the fence will be completed at a designated time. The Design Review Committee·Report stated that no two-story houses are to be allowed on Lots 7 and 8. What about contacting the neighbors to see {f they have any objection to a two-story on any of the other lots since the current home.owners in the area built or purchased their homes without .the knowledge that two-story houses would be built adjacent to them.! Commissioner Marsh·all·~ explained that in the opinion of the City Attorney it is not up to adjacent~iproperty·owners to dictate what should be built on a particular piece of land. iChairman Lively further amended! the subject Design Review Committee Report by deleting condition (j) and amending condition (k) to read as follows: "(k) No two ~(2) story homes allowed." Commissioner Belanger moved, seconded by Commissioner Bacon, that the Design Review Committee Report da. ted January 8, 1973 be adopted, as amended, and that Final Design Approval be granted for A-407 as shown on Exhibit !~A" and subject to the conditions set forth in said report; motion carried unanimously. V. CiTY COUNCIL REPORT The Secretar·y gave a brief summary ozf items reviewed and action taken at the City Council meeting of January ~·, 1973. -8- Planning Commission Minutes - January 8~ lr973 - Continued V. PLANNING POLICY COMMITTEE Chairman Lively stated that there woul'd be a meeting of the Planning Policy Committee on Thursday, January 11, 1973 and requested the Secretary to attend that meeting if at all possible. VI. OLD BUSINESS A. SDR-1002 - Mobil Oil Corp.-, Highway 85 and Big Basin Way - Reconstruction of Service Station - 1 Lot The Secretary explained. that this applicant was notified of the additional condition relative to underground '.utilities included in the Building Site Committee Report. The applicant stated he was' in accord with the added condition. VII. NEW BUSINESS ." SDR-910 - Terry J. Bowman~ Pierce Road - Request for Extension The Secretary stated that the applicant has submitted a 'timely request for a one (1) year extension ~or SDR-910.: Commissioner Smith moved, seconded by lCommissioner Marshall, to grant~:-a one (1) year extension for SDR-910 as requested by Mr. Bowman; motion carried unanimously. VIII. COMMUNICATIONS WRITTEN Church of Ascension The Secretary read a communication received from the Church of Ascension Parish Council President regarding current and proposed traffic patterns and parking practices as it relates to both the Church of Ascension and Beth David Congrega- tion. Commissioner Smith stated that this matter should be referred to the Depart- ment of Publ'ic Works-for consideration. Chairman Lively requested the Public Works Staff to prepare a response rela- to this matter for presentaion at the 'next regular meeting. ORAL Open Hearth The Secretary stated that the architect for the Open Hearth Restaurant has submitted for approval a design for an open-flame lamp to be placed at the front..'.of this restaurant. Mr. O'Day, the applicant's architect, was present and explained that 1) the additional light from the lamp is needed at the front of the restaurant 2) ·this open-flame lamp would aid in making the restaurant noticeable to North-South traffic along Saratoga-Sunnyvale Road 'and 3) the lamp is in conformance with the City of Saratoga Zoning Ordinance~ Commissioner Marshall explained that 6his applicant was informed at the time of' the original approval that no additional sign or advertising would be allowed for this restaurant. Commissioner Belanger recommended that the matter be referred to the Design Review Committee for study. Chairman Lively so directed. \ Planning Commission Minutes - January 8~ 1,973 - Continued . VIII. ORAL - Continued Conclusion of Second Term - Chairman Chairman Lively, at the conclusion 'of his second term as Chairman of the Planning Commission, expressed appreciation for all the help and cooperation received from his fellow Commissioners and the Staff~ Guests Chairman Lively acknowledged, with lpleasure the presence of City Manager Robert Beyer, Mrs. Maas and Mr. Lueck'of the Good Government Group. He, q also, thanked Mrs. Maas for the coffee served at recess. IX. ADJOURNMENT Commissioner Smith moved, seconded by Commissioner Bacon, to adjourn the Planning Commi. ssion Meeting of January 8, 1973 at 10:20 P.M.; motion carried unanimously. Respectfully submitted, Stanley M. W~lker, Secretary Saratoga Planning Commission -10-