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HomeMy WebLinkAbout03-12-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION SIrMMARY OF MINUTES ********************' TIME: Monday, March 12, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 'TYPE: Regular Meeting ; ******************** I. ROUTINE ORGANIZATION Ao ROLL CALL Present:Commissioners Belanger,'Lively, Marshall, Martin, Matteoni, and Smith. Absent: Commissioner Metcalf. Bo MINUTES Commissioner Smith moved, seconde~ by Cormnissioner Marshall, that the reading of the minutes of the February 26, 1973 meeting be waived and that they be approved as distributed to the Commission; motion carried unanimously. II. PUBLIC HEARINGS A° V-390 - Anatol Romanoff, Foothill'Lane - Request for Variance to Allow Reduction in Lot Width and Area - Continued from February 26~ 1973 Chairman Lively reopened the hearing relative to V-390 at 7:33 P.M. The Secretary read the staff Report dated March 12, 1973 recommending that the subject Variance request'in connection with V-390 be granted. Commissioner Martin recommended that the subject Staff Re~ort be amended by adding the following condition "3) Provide joint easement so that parcel "B" will use/~ame entrance onto Foothill Lane ~s shown for parcel "A"." !No one 'else prpsent wished to comment relative to this applicant for Variance Commissioner Smith moved, seconded by Commissioner Marshall, to close the public hearing for V-390 at 7:40 ~.M.; motion carried unanimously. · ' Commissioner Martin moved, seconded by Commissioner Marshall, that the Staff Report dated March 12, 1973 be adopted, as amended, and that the subject request for Variance be ~pprov~d on the basis the findings required by Section 17.6 of Ordinance NS-3 can be made subject to the conditions set forth in said report;'motion carried unanimously. Bo V-391 - Oo H. George, June Way and Jerries Drive - Request for Variance to Allow Reduction in Side Yard Setback Requirements - Continued from February 26~ 1973 The Secretary stated that the Variance Committee and 'Staff did review this site and found that the site plans did not correctly reflect the proposed pool and fence locations; therefore, the applicant and poolscompany representative will revise and correct the plans!and another on-site inspection will be made by the Variance Committee and Staff. -1- Planning Commission Minutes - March 12~ 1973'- Continued II. B. V-39i - Continued Commissioner Marshall recommended that the proposed pool and fence locations be staked-out on the property in time for the next on-site inspection, which will take place Saturday, March 17, 1973 at 9:00-A.M. Chairman Lively, in view of the foregoing, did not open the public hearing,'directed V-391 continued to the next regular meeting and referred same back to the Variance Committee. C. UP-223 - S.D.C~, Saratoga-Sunnyvale Road - Request for Use Permit to Allow a Commercial Shopping Center Chairman Lively opened the public hearing relative to UP-223 at 7:44 P.M. The Secretary advised that because of the coming expiration of the "C-V" Emergency Ordinance and th~ opinion of the City Attorney that this application may be void upon expiration of 'the Laforementioned Ordinance, perhaps, the applicant should be allowed to state his intentions at this time. Mr. Geritz, architect present tolrepresent the applicant, stated that based on the action taken by the City Council in relation to the "C-V" Emergency Ordinance there seems to be no other action the applicant can take other than ask that UP-223 be withdrawn. The applicant has been working on this property for quite somei.time and would like to request the Planning Commission 6o allow the applicant and the affiliated architects to work with the Planning Commission and Planning Staff on various studies that. are taking place on the subject propertieS. A model of the property with existing trees, adjacent residences, and pro.- posed buildings is available and he submitted same for review. He requested that some guidelines be provided by the Planning Commission on how the applicant is to proceed beyond this point. Chairman Lively stated that the Major General Plan Review is in process and this property will 'be seriously considered under that review. The only guidance that can be offered the applicant at this time is to advise him to work closely with the Staff to remain aware of the progress of the General Plan Review. The Secretary recommended that the applicant submit a written request for withdrawal of UP-223. No one else present wished to.comment. Commissioner Smith. moved, seconded by Commissioner Marshall, to close the hearing relative to UP-223 a~ 7:54 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner MarShall, that the subject request for withdrawal be approved subject to written confirmation of same from the applicant; motion carried unanimously. Do UP-224 - Saratoga Tennis Club, Komina Avenue - Request for Use Permit to Allow Expansion of Tennis Club - Continued from February 26~ 1973 Chairman Lively reopened the hearing relative to UP-224 at 7:56 P.M. The Secretary read a communication received from Mr. Warren Held, architect representing the applicant, requesting that UP-224 be continued to the meet- ing of April 9, 1973 in'order to allow time for the Board of Directors of the Club to meet with the membership and get their'vote on the proposed expansion. No one in the audience wished to 'comment.~in connection with UP-224. Chairman Lively closed the hearing for the evening at 7:57 P.M., UP-224 continued off the agenda until the meeting of April 9, 19'73 and referred the matter to the Subdivision Committee. -2~ Planning Commission Minutes - March 12, 1973 - Continued II. E. C-166 - George W. Day, Fruitvale.Avenue - Request for Change of Zoning from "A" (Agriculture) to "R-I-40,000" "P-C" (Single-Family Residential - Planned Community) Chairman Lively opened the heariBg relative to C-166 at 7:58 P.M. The Secretary stated that the No~i'ce of Hearing was mailed and published.- He explained that this is the fourth parcel to be developed in this Central Area. This parcel is just south of the Redwood School and the proposed development would continued the plan already established in this area. Chairman Lively recommended that 'the setbacks for Lots 9 and 11 be modified somewhat in order to provide some variation in the lay-out of these houses. Commissioner Marshall recommended that the pathway be put as close to the property line as possible. Mr. Lou Leto, present the represent the applicant, agreed to submit a revised plan showing the recommended changes. III. BUILDING SITES AND SUBDIVISIONS A. SD-1020 - Donald Comer, Pierce ROad - Subdivision Approval - 7 Lots - Continued from February 26~ 1973 Commissioner Smith recommended t~at SD-1020 be continued to the next regular meeting. Chairman Lively so directed. B. SDR-1023 - Robert L. Dale, Peach'Hill Road - Building Site Approval - 1 Lot - Continued from February 26~ 1973 The Secretary recommended that SDR-1023 be continued to the next regular meeting since the grading plan i~ not very satisfactory in many respects and a¥'revised plan must be obtained from the applicant. Chairman Lively so directed. C. SDR-1025 - David J. Brown, SaratOga Hills Road - Building Site Approval - 2 Lots ~ Commissioner Smith recommended that SDR-1025 be continued to the next regular time in order to review ehe extreme slops--condition existing on this property. Chairman Lively so directed. D. SDR-1026 - Osterlund Enterprises Saratoga-Sunnyvale Road - Building Site Approval - 4 Lots Commissioner Smith explained that all the lots, except for Lot 2, in this development will use the same access road. It was the consensus of the Commission that the access road be placed in the middle of the property so'that none of the lots would have direct access to Highway 85. j Mr. Lou Tersini, present t'O~~ represent the applicant, stated that he would submit a new~pl~n"~howing ~he revised access-road location as recommended by the Commission.' Chairman Lively directed SDR-1026 continued t6 the next regular meeting and referred same to the Subdivision Committee. -3- Plannin8 Commission Minutes - March 12~ 1973 - Continued III. E. SD-1027 - Osterlund Enterprises~ Saratoga Avenue - Subdivision Approval - 11 Lots The Secretary stated that the PUblic Works Department has asked that SD-1027 be continued in order t6 review future street development on the adjacent property. z Chairman Lively directed. SD-1027 continued to the next regular meeting and referred the matter back to.the Subdivision Committee and Department of Public Works. IV. DESIGN REVIEW A. A-391 - George W. Day, Douglass.lAvenue Final Design Review - Lot 5, Tract 5150 The Secretary read the Staff Report relative to A-391 dated March 12, 1973 recommending-that Final Design Approval be granted for Lot 5 of Tract 5150. Mr. Lou Leto, appliCant's representative, stated that the owner of this lot ~bjects to the requirement that wood siding be provided on the garage side of this house. Mr. Mason, owner of the lot, stated that 1) he has spent a lot of money on this site 2) the expense involved in providing wood siding on .the left-and right.-elevationS of the house wOUld be considerable and 3) it is his request that this requirement be eliminat'ed.' Commissioner Belanger stated that it is the Opinion of the Design Review Committee that the extra cost involved in providing the wood siding is not that great and the requirement should remain in effect since it would greatly improve the general appearance of this site. Chairman.Lively recgmmended that the Staff Report dated March 12, 1973 relative to A-391 be amended by.adding condition "c" as follows: "c.Maintain additional setback of 40-feet for Lot 6." Commissioner Belanger moved, seconded by Commissioner Matteoni, that the Staff Report dated March 12, 1973 relative to A-391 be adopted, as amended, and that Final Design Apporval ~e granted for Lot 5 of Tract 5150 aS shown on Exhibit "N" subject to the conditions stated in said report; motion carried unanimously. Bo A-405 - Saratoga Foothills Dev. ~Corp., Big Basin Way and Sixth Street - Final Design Review - C~ndominium Complex The Secretary read the Staff Report relative to.~A-405 dated March 1'2, 1973 recommendi~gln~hat Final 'Design Approval be granted for the proposed condominium complex. The Staff Report was amended and the amendments were duly noted and the revision on the report were made. Commissioner Belanger mo'ved, seconded by Commissioner Matteoni, that the Staff Report dated March 12, 1973 relative to A-405 be adopted, as amended, and that Final Desigp.Approval b~e granted for the condominium complex on Big Basin Way and Sixth Street as shown on Exhibits "G", "H-I", and "J" subject to the conditions stated in said report; motion carried unanimously. RECESS AND RECONVENE C. A-409 - Osterlund Enterprises, Allendale Avenue - Final Design Approval - Subdivision Approval The Secretary read the Staff Report relative'to]cA-409 dated March 12, 1973 recommending{~hat Final Design Approval be granted for the proposed subdivi- sion on Allendale Avenue. -41 Planning Commission Minutes - March 12, 1973 - Continued IV. C. A-409 - Continued The Staff Report was amended and the amendments were duly noted and the revisions~-onrL~he~yr~port-were~made. Commissioner Belanger moved, seconded by Commissioner Matteoni, that the Staff Report da~ed March 12, 1973 relative to A-409 be adopted, as amended, and that Final Design Approval be granted for the proposed subdivision as shown on Exhibit "A" subject to the conditions stated in said report; motion carried unanimously. V. CITY COUNCIL REPORT The Secretary gave a brief summary of items reviewed and action taken at the City Council meeting of March 7, 1973. VI. MISCELLANEOUS ITEMS A. Bohlman Road Study - Continued from February 26~ 1973 The Secretary recommended that this matter be discussed at the Planning Commission Study Session on March 19, 1973 after which the ~ommission can hold a hearing on the proposed plan. Chairman Lively sO directed. B. UP-80 - Church of Ascension~ Prospect Road - Traffic Circulation The Secretary explained that 'the. zre~reSentatives of'.~the ChUrchj.of Ascension and the Beth David Synagogue have been contacted and asked to submit comments on a report prepared by the Assistant Director of Public Works, but neither has responded as yet. Chairman Lively, in view of the foregoing, directed the matter' continued to the next regular meeting. C. Referral by City Manager on Use Permit for Christmas Tree Farm in County (Saratoga Sphere of Influence) The Secretary explained that this request concerns an area.located in Saratoga's Sphere of Influence which is very close to Big Basin Way and Skyline Blvd. The property involves a~125-acre parcel and there is an existing access road. Substantial grading has been done to the property in violation of County Ordinances. The proposed use of Xmas Tree Farm would not be detrimental to the area,~'h~wever, the applicant should b~ required to submit an Environmental ImpaCt Report. Commissioner Smith stated that the EIR should be reviewed by the City before any recommendation is made to the County in connection with this use. If the report is negative then a favorable recommendation should not be forwarded.~. ':~,-~ Commissioner Belahger stated that she is curious about the amount of traffic a use of this type would cause along Big Basin Way. Commissioner Smith explained thai the proposed Xmas Tree Lot would createL~' a great deal of traffic at certain times in the year. Big Basin Way is already a traffic problem. due to the existing tree farms and another one will cause additional problems. Commissioner'.',Belanger inquired if this applicant is s~Dject to any penalties because of the grading~violations. The Secretary answered that those penalties would be enforced by the County and the applicant will be required to correct all grading violations. The City Council does want a recommendation relative to this matter from the Planning Commission before their next meeting.. -5- Planning Commission Minutes - March 12~ 1973 - Continued VI. C. Referrals. Continued Commissioner Belanger suggested that applicant be allowed to raise the trees on the property, but that he be required to wholesale only; thereby, eliminating the additional traffic on Big Basin Way. Commissioner Matteoni recommended that if a wholesale operation is decided on the City Council should be notified of same, because the applicant has made application to the County for a retail Xmas Tree Lot and if the concerns of the City of Saratoga are not made known then action will be taken on the.application as submitted. Commissioner Marshall stated that the applicant should be 'required.to·- I)correct all grading violations 2) submit an EIR and if that is not favorable a negative recommendation should be forwarded by the Commission and 3) establish this Tree Lot or Farm as a wholesale operation only. Commissioner Matteoni recommended that particular attention be given to traffic on Big Basin Way in the EIR and that the County be notified that this is a definite area of concern in considering this application. Commissioner Marshall moved, secdnded by Commissioner Smith, that it be recommended to the City Council that judgement relative to the subject application be reserved ~ntil the grading violations have been corrected, and EIR is ·submitted, it is determined what effect this Xmas Tree Lot would have on traffic on Big Basin Way, and that a wholesale operation only be allowed in any case; moti2on carried unanimously. D. Request for Comments on Urban Dev. elopment/Open Sp~ce Draft The Secretary explained that he has prepared a report for the City Manager and City Council explaining Saratoga's relationship to the PPC Urban Development/Open Space'Draft of Findings and Policies. He then reviewed the report in detail and further stated that Saratoga has been very instrumental in implementing the changes reflected in the subject report. The Planning Commission comments and suggestions 'sh~dld be forwarded to the Planning Policy Committee and City Council. Commissioner Marshall moved, seconded by Commissioner Belanger,· that the Planning Commission endorse and support the adoption of the policies contained in the Planning Director's report on PPC Urban Development Open Space with the addition as recommended under Urban Development Item II-E I{ousing and Urban Development Policy as stated in the Planning Director's report; motion carried unanimously. ~ C. cannestra Encroachment Permit The Secretary explained that many of the neighbors are requesting the denial of the Encroachment Permit for the basketball hoop and post with backboard on Brandywine Court be reopened since they were not heard before the Cornmissiono The residents would like an opportunity to state their side of the issue. The Secretary read a petition submitted by · residents of the neighborhood. The City Attorney has stated there is no legal reason not to open the hearing. Commissioner Matteoni suggested that the hearing be reopened and the neighbors be given an opportunity to express their views. Chairman Lively requested the Secretary to notify the applicant and the residents of the area that the matter would Be reopened at the meeting of March 26, 1973. -6- Plannihg Commission Minutes - March 12, 1973 - Continued VI. D. SDR-923 - Donald A. Perata~ '~ike~Road - Request for Extension The Secretary read'a communfcatiQn~'received from the applicant requesting a one (1) year extension for SDR-923. Commissioner Smith moved, seconded by Commissioner'Marshall, to grant a one (1) year extension for SDR-923; thereby, establishing a new expiration date of October 12, 1974; motion carried unanimously. VII.. COMMUNICATIONS A. WRITTEN .James C. Brown - Appreciation and Gratitude Th'e Secretary read a letter received from Mr. James C. Brown, pastry'.7 President of the Northwest SaratOga Home Owner's Association, express- ing his appreciation and gratitude for the courtesy and considerations shown to hime by the Planning Commission during the past year. B. ORAL Environmental Impact Report Criteria and Procedures Commissioner Matteoni recommended'.that the Environmental Impact Report 'for private land projects in the City of Saratoga be forwardVd to th~ Planning CommisSion in final draft rather than just assimilating 'the ~omments ?~d reports from members of the public a~d other agencies. He inquired if a new 'Committee 'of the Planning C6mmission will be formed to study this matter? The Secretary explained that a new Committee will not be formed since the City Attorney will review the entire matter with the Staff and any interested members of the City Council and Planning Commission. Guests Chairman Lively acknowledged, with pleasure, the presence of Councilman Bridges, lCity~'M~nager Mr. Beyer,'Good Government Group representatives Mrs. Aberle and Mr. Basanese. H~, also, thanked Mrs.. Aberle for the coffee'served at recess. VIII. ADJOURNMENT Commissioner Smith moved, seconded by Commissioner Marshall, that the meeting of March 12, 1973 be adjourned at 9:50 P.M.; motion carried unani- mously. Respectfully submitted, Stanley~lker, Secretary Saratoga Planning Commission j