HomeMy WebLinkAbout04-09-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
SI/MMARY OF MINUTES
********************
TIME: Monday, April 9, 1973.- 7:30 P.M. z
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California
TYPE: Regular meeting
********************
I. ROUTINE_ORGANIZATION
A. ROLL CALL
Present: Commissioners Belanger, Lively, Marshall, Matteoni, and Smith.
Absent: Commissioner Martin.
B. MINUTES
Commissioner Smith moved, seconded by Commissioner Marshall, that the
reading of the minutes of the March 26, 1973 meeting be waived and that
they be approved as distributed to the Commission; motion carried unani-
mously.
II. PUBLIC HEARINGS
A. Informal Hearing - Cannestra EncrOachment Permit, Brandywine Court -
Continued from:March 26~ 1973
Chairman!-Lively declared the informal hearing opened.
The Secretary explained that a communication was received from Mr.
Saranceno (adjacent neighbor to the Cannestra's) stating he (Mr. Saranceno)
is still opposed to the requested Encroachment Permit.
No one in the.audience wished to Comment relative to this matter.
The Secretary then read the Staff'Report dated April 9, 1973 recommending
that the Planning Commission uphold its previous decision and deny the
subject application for an EncroaChment Permit
Commissioner Smith moved, seconded by Commissioner Marshall, that the
informal hearing be'~losed; motion carried unanimously.
Commissioner Smith moved, seconded by Commissioner Marshall, to adopt the
Staff Report dated April 9, 1973 and that the Planning Commission uphold
its previous decision to deny the~Cannestra's application for an Encroach-
ment Permit for retention of the Basketball post and backboard; motion
carried unanimously.
B. UP,-224 - Saratoga Tennis Club, Komina Avenue - Request for Use Permit to
Allow Expansion of Tennis Club - Continued from March 12~ 1973
The Secretary explained that Mr~.Warren Held, architect for the applicant,
did request that UP-224 be continued since the applicant has not been able
to obtain,-as yet, the information requested by the Planning Commission.
The Secretary then read a letter filed in opposition to the proposed Use
permit by Mrs. Charlotte Thompson of 20574 Komina Avenue.
-1-
· Planning Commission·Minutes - April 9~ 1973 - Continued
II. B~ UP-224·- Continued
Mr. Tom Tisch of 14735 Aloha Avenue stated there were a number of
residents of the area present that are opposed to the proposed Use
Permit. If the matter is continued it should be postponed to a point
in time where the tennis club must present their information in an
organized manner without the request for further continuance.
Commissioner Smith stated that this application was previously continued
in order to allow the tennis-club members to have a meeting and take a-
vote to determine if the membership is in favor of the proposed expansion.
A definite time for-a decision should be set and a'~hered to in order to
process this application and to avoid further inconvenience to the
neighbors
Chairman Lively closed the hearin. g for the evening at 7:50 P.M.,
directed UP-224 continued to the meeting of May 14, 1973, and referred same
~h~'S~bdivision· ·i Committee for study and a report at that time.
C. V-392 - S. T. Moisenco, Woodbank 'Way - Request for Variance to Allow
Overhead Utilities in Lieu of the Required Underground Utilities
Chairman Lively opened the hearing relative to V-392 at 7:51 P.M.
The Secretary stated the Notice? ,of Hearing was mailed.
Chairman Lively stated that the applicant certainly was aware of the
City's underground utilities requirement at the onset of this project;
therefore, he (Chairman Lively) looks with disfavor on the subject Variance
request.
Commissioner Marshall stated that the applicant could provide underground
utilities by installing a culvert and spanning the bridge with a conduit
just below the bridge level.
Mr. Clay McCullough stated 1) he· is.~a resident just to the south of the
subject property and a few years :ago he 'did some remodeling to his residence
-and at that time he volunteered to underground all his utilities 2) if this
applicant is allowed to install a power pole a number of his (.Mr. McCullough's)
trees will be destroyed and the view from his residence will be impaired
and 3) if the applicant is agreeable to undergrounding the subject utilities
he (Mr. McCullough) feels confident something can be worked out to grant
him (the applicant) an" easement .over-that bridge which is located on the
McCullough property.
Chairman Lively closed the hearing relative to V-392 at 8:00 P.M., directed
the matter continued to the next regular meeting and re~ferred same to the
Variance Committee for study and a report at that time.
Commissioner Marshall, on behalf of the Variance Committee, arranged for
an appointment with the applicant for an on-site inspection of the property
for Thursday, March 12, 1973 at 5:00 P.M. Chairman Lively requested the
Secretary to contact the applicant and inform him of said inspection.
III. BUILDING SITES AND SUBDIVISIONS
A. SDR-1023 - Robert L. Dale, Peach Hill Road Building Site Approval - 1 Lot
- Continued from March 26~ 1973
The Secretary stated the applicant had reviewed the proposed conditions
of approval and expressed satisfaction with same.
,..
Commissioner Marshall pointed out; that the roof surface and driveway of
this site will collect a large amount of water and a 'Catch~.basin of some
type at the base of the retaining wall would be appropriate.
Chairman Lively'recommended that ·condition II-O of the Staff Report dated
April 9, 1973 relative to SDR-1023 be amended to read as follows:
Planning Commission Minutes - April..9~ 1973 - Continued
III. A. SDR-1023 - Continued
"O. Provide for surface drainage pattern to be
shown on plans including drains for retain-
ing walls."
Commissioner Smith moved, seconded by Commissioner Marshall,
/.that the Staff Report dated April 9, 1973 relative to
SDR-1023 Be'adopted, as amended, and that the tentative map
(Exhibit '~-1", filed March 23, 1973) be approved subject to
the conditions set forth in said report; motion carried unani-
mously.
B. SDR-1024 - George W. Day, Fruitvale Avenue - Subdivision Approval -
14 Lots
The Secretary explained that 1) the proposed plan is basically the
same as the site development plan and 2) Lot 2 was modified to have
the corridor reduced to 20-feet in width but the setbacks for the
lot are the same as shown 6n the site development plan.
Chairman Lively noted that Lot 2 has a 25-foot rear yard setback
and the back of Lot 1 face~ the rear of Lot 2.
Mr. Lou Leto, present to represent the applicant, stated that, perhaps,
.~h~house proposed for Lot #2 could be turned somewhat but it is
/'di'f~fcult to tell'how far since there is a Flood Plane Line located on thi~=~roperty.
Chairman Lively recommended that the Staff Report relative to SD-1024
be amended by adding the following condition 21:
"21. Lot #2 has unique size and utilization problems;
therefore, house size,' orientation, and location
will be treated separately."
Commissioner Smith moved, seconded by Commissioner Marshall, that the
Staff Report dated April 9,~ 1973 relative to SD-1024 be adopted, as
amended, and that the tentative map (Exhibit "A-i", filed March 26,
1973) be approved subject to the conditions set forth in said report;
motion carried unanimously..
C. ~SD-1027 - Osterlund Enterprises, Saratoga Avenue - S~b'd'i~i~i~n App~r'~
- 11 Lots - COntfnued from 'March 26~'1973
The Secretary stated that t~e Staff Report listing the proposed
conditions of approval has been prepared.
Commissioner Smith recommended that condition 16 be added to the
subject report as follows:
"16. No solid wall fencing allowed along Saratoga Avenue.
Other fencing and landscaping along Saratoga Avenue
shall be subject to Design Review."
Commissioner Belanger recommended that condition 10 of the same
report be amended to read as follows:
"10. Provide grading plan showing cuts and fills. Slopes and
estimated yardage to be designated by Registered
Civil Engineer.. No grade differential between finished
grade and existing subdivision shall be permitted."
Commissioner Smith moved, seconded by Commissioner Marshall, that the
Staff Report dated April 9,. 1973 relative to SD-1027 be adopted, as
amended, and that the tentaztive map (Exhibit "A-I"', filed March 28,
1973) be approved subject to the conditions set forth in said report;
motion carried unanimously.:
Plan~i. ng Commission Minutes - April 9~ 1973 - Continued
III. D. SDR-1028 - King Homes, Inc. (Royce S. Kaufmann), Canyon View Drive -
Building Site Approval - 1 Lot - Continued from March 26~ 1973
Commissioner Smith moved, seconded by Commissioner MarShall, that SDR-1028
be denied unless a letter of extension is received before the expiration
date of April 13, 1973; motion carried unanimously.
E. SDR-1033 - E. T. Barco, Jr., Al'lendale Avenue - Building Site Approval -
4 Lots
Commissioner Smith recommended that SDR-1033 be continued to the next
regular meeting. :
Chairman Lively so directed.
F. SDR-1035 - Orville F. Glass~ Sea~raves.'~Way -.Building Site Approval - 1 Lot
The applicant was present and stated he had reviewed the proposed conditions
of approval and expressed satisfaction with same.
Commissioner Smith moved, seconded by Commissioner Marshall, that the
Staff Report dated April 9, 1973 relative to SDR-1035 be adopted and that .
the tentative map (Exhibit "A", filed March 29,'1973) be approved subject
to the conditions set forth in said report; motion carried Unanimously.
IV. DESIGN REVIEW
A. A-403 - Mobil Oil Corp., Big Basin Way - Final Design Review - Identification
Signs and Lightins
Chairman Lively summarized the Staff Report dated April 9, 1973 recommending
that Final Design Approval be granted for A-403.
Commissioner Marshall recommended that condition b). of the subject report
be amended to read as follows:
"b) Intensity of lighting;to be reviewed at time of
initial installation.. If found to be above City
standards and/or cause annoying glare, the City
will require illumination to be reduced within
thirty (30) days of occupancy."
Chairman Lively recommended that the last sentence in paragraph 4 of
the subject report be deleted.
Commissioner Smith moved, seconded by Commissioner Belanger, that the
Staff Report relative to A-403 be adopted, as amended, and that Final
Design Approval be granted for the identification signs , landscaping,
and lighting for the Mobil Oil Corporation as shown on Exhibits "M",
"Q", and "P" subject to the conditions listed in said report; motion
carried unanimously.
B. A-410 - I. O. Oo F., Fruitvale Avenue - Final Design Review - Remodeling
of Retirement Home (First Phase)
Chairman Lively summarized the Staff Report recommending that Final
Design Approval be granted for A-410. He then recommended that condition
1) of the subject report be amended to read as follows:
"1) Submit plan for and obtain tree-removal permit before
issuance of building permit for all trees contemplated to
be removed due to this project."
Planning COmmission Minutes - April 9, 1973 - Continued
IV. B. A-410 - Continued
Commissioner Belanger moved, s~conded by Commissioner Matteoni, that the
Staff Report relative to A-410 be adopted, as amended, and that Final
Design Approval be granted for the remodeling of retirement-and nursing-
facilities'i(first phase) for I.O.O.F. as shown on Exhibits "A" through
"D" subject to the conditions stated in said report; motion carried
unanimously.
C. A-411 - Family Shopping Center, Quito Road - Final Design Review -
Identification SiSn
Chairman Lively summarized the Staff Report recommending that Final
Design Approval be granted for A'-411.
The report was amended by changing condition c) to read as follows:
"c) All existing freestanding, building, and window signs
(including display panels on columns of Family Food
Market) to be eliminated including those in liquor store."
Chairman Lively noted that the proposed identification sign is a hollow
plastic sign. This applicant previously used this type of sign and it
was continually in need of repair. Chairman Lively recommended that
the report be further amended by. adding the following condition'f):
"f) Sign shall be maintained property at all times."
Commissioner Belanger moved, seconded by Commissioner Matteoni, that the
Staff Report relative to A-411 be adopted, as amended, and that Final
Design Approval be granted for the identification sign for the Family
Sh~pping Center as shown on Exhibit "A" suBjeCt°toLthe cbnditions set
forth in said report; motion carried unanimously.
D. A-412 - West Valley Junior College, Fruitvale Avenue - Final Design ReView
- Warehouse Maintenance Building and Outdoor P.E. Facilities -
Additional Parking Lots and Landscaping
The Staff Report relative to A-412, WeSt Valley Junior College, was
reviewed by the Planning Commission.
At the request of Commissioner B~langer the Master Plan for the college
was, also, reviewed at this time. Commissioner Belanger further stated
that she did not want to create the impression that no change in the land-
Scaping at the college is required just because it was not show~'on the
Master Plan.
The Assistant Planner stated that full landscaping plans must be. sub-
mitted before start of construction of any of these buildings.
Commissioner Marshall noted that. the new garbage areas will be depressed
and will not be easily seen.
The Staff Report was amended as follows:
paragraph 3. .line 2. .delete the letters "B" and "C";.
eliminate condition a);
change condition b) to read:
"b) Submit final landscapezplans before the start of
the maintenance-warehoUse phase of construction."
add an additional conditions! tozread:
"e) Exhibits "B" and "C" will be reviewed at a 'later date."
Plannin~ Commission Minutes - April 9~ 1973 - Continued
IV. Do A-412 - Continued
Mr. Walter Muir, resident of Short Hill Court, stated that 1) he and
other residents of Short Hill Court are.:opposed to the idea of having
a parking lot back up against their homes 2) the location of the parking
lot and hockey field could be exchanged; thereby~,-.-.moving the present park-
ing lot completely away from the houses on Short Hill Court 3) he did
work with Dean Arnold of the College when the homes on Short Hill Court
were built and there was no mention at that time of a parking lot at this
location 4) Lot 8 on Short Hill Court would have only 15-feet between the
parking lot and th~ house if the proposed plan is approved and 5) the
residents of Short Hill Court urgently request the support of the Planning
Commission in this .matter.
Commissioner Marshall stated that 1) the college did consider the request
of the Short Hill Court residents and two (2) plans were considered -
Plan "A" and Plan "B" 2) the bonus was that more parking spaces could be
provided with Plan "A" 3) the College Staff made the pitch they could not
delay the beginning of construction any further because the buildings
would not be ready for the fall term and the State Funding would be hampered
if further delays occurred and 4) the College Staff and Architect felt that
the hockey field would best be located close t~°.~the track fieId.
Mr. Muir pointed out that the parking lot is not a State Funded project.
Chairman Lively requested the City Staff to talk to the West Valley Junior'
College representatives.~'~d'~ them one more time to relocate the hockey
field - if that is not possible:then an additional 10-feet between the
Short Hill Court residence and the parking lot should be required.
Commissioner Belanger suggested that, perhaps, the lighting standards in
that area could be altered to provide a lower level of illumination in
respect to the affected resident of Short Hill Court.
Commissioner Belanger moved, seconded by Commissioner Matteoni, that the
Staff Report relative to A-412 be adopted, as amended, and that Final Design
Approval be granted for the warehouse-maintenance building for West Valley
Junior College as shown on Exhibit "A" subject to the conditions set forth
in said report; motion carried unanimously.
CITY COUNCIL REPORT
The Secretary gave a brief summary of items reviewed and action taken at the
City Council meeting of April 4, 1973.
RECESS AND RECONVENE
VI0 MISCELLANEOUS ITEMS
A. UP-80 - Church of Ascension, Prospect.Road - Traffic Circulation - Continued
from March 26~ 1973
Mr. Trinidad, Assistant Director of Public Works, gave a detailed chronology
of events concerning the traffic-flow and parking--facilities at the Church of
Ascension site and the proposed Congregation Beth David Synagogue on Prospect
Avenue. He then introduced his report dated April 6, 1973 written in answer
to a proposaI.~submitted by the Church of Ascension dated March 26, 1973.
Chairman Lively pointed out that implementation of any changes will not be
necessary until further development'~of the property takes place.
Commissioner Smith noted that 1) the Church of Ascension ~did not change the
use of their property, but only sold a piece of their land to'another church
2) another Use Permit had to be issued based on the use o.f~ the land by the
new owner of the property 3) the conditions relative to parking and access
existing for the Church of Ascension under their original Use Permit remain
unchanged and are still valid 4) Beth David was required under their Use
Permit to put in their own parking and to provide their congregation with off-
street parking just as other churches in the City have been required to do in the
past and 5) he can agree with the Assistant Director of Public Works report except
for paragraph 3.
'CI1Y.OF'SARATOGA · · APRIL 9, 1973
~~ 'STAF ORT ·
·
· 'SD-1024 - George W. Day Constrqction Co. i 14 Lots ' Fruitv
· mlc . . . ~[t l
The Staf recommends approval of the]tentative map for-"SD-1024 (Exhibit "A",
f' r , 'd j ~' ' 0 ' 'o : ' .
· 2, ' nts on 50-foot.:right-of-way to be 2 -feet between lips and gutter,
· ree improv ts on 40 foot ght of way to be 3' fe t between l~ps and gutter
· vehi ular '~ss allowed onto Fruitvale from Lots 8 and 9,
5, Dedicate and ~e Fruitval Avenue as by Director of Public Works,
6: Test by laboratory set ang ~ of repose steep slope area,
7,. Provide pedestrian le Avenue and adjacent to Lot 9 from
Kanogan Drive to
8, Provide decorative wall ~ landscaping along Fruitvale Avenue
as per ·requirements of Committee,
9, Landscape area between fenc y,
10, Existlug t to be re: Led to avoid excessive lot fills·
.11, . planting on e c~ts will be necessary,
of Public Works, (Note: a v . d,)
·
13, Complete plan for devel, of subdi ision in units to be submitted and
the SubdiVision Committee before
approved by the Zoning
· recording of final ma~, ~~, ..
4, btain Soils Invest.'~ation, ~ ' ' '. .
· .' . !' . .
16, Arrange for fo n~dation to be ~esigned or approXv. ed by Registered Civil Engineer,
'17,. Arrange for Zaining walls o!er 3-feet in height to be designed by Registered
.--20, Provi e for fill .to be cTmpact' d by tracking or by mechanica means and '- ...~
-~:: test d by Soils Engineer ' "\x.
· Streef~g southerly tract bounda~y shall be improved th (A.C.
· berm~ay be used along southerly edge,)
/
Planning Commission Minutes - April 9~ 1973 - Continued
VI. A. UP-80 ~ Continued
Commissioner'Marshall explained that the Planning Commission could approvert
the subject report with the exception'of paragraph 3.
Mr. Ron Bernard, member of the Church of Ascension Church Council, stated
that Mr. Trinidad's letter has been reviewed and the Church is willing to
agree to the conditions as set forth in Mrs. Trinidad's report; however, it
is requested that these conditions be:permitted to go in at the time Beth
David begins development.
Mr. Huff, President of the Prides Crossing Homeowners and Tax Payers
Association, stated that 1) his organization is, for the most part, agreeable
to what has been outlined in Mr. Trinidad's reports 2) at the public hearings
held for both churches the only objection on the part of the homeowners in the
area was due to parking-and traffic-problems that would be incurred by these
additional uses and 3) the on-street~parking has existed for six (6) years
and the required improvements should be implemented immediately to alleviate
.this problem.
Chairman Lively explained that there" is no reason for the Congregation Beth
David to proceed with the parking lot.unless they decide to begin construction
of the proposed synagogue.
Mr. Huff stated that this is a residential area and the churches are ~7~
only allowed as conditional uses; therefore, shopld cooperate with the
homeowners in the area as much as possible.
'Chairman Lively stated that the churches are trying to cooperate as they have
always done in the past.
Commissioner Marshall moved, seconded~by Commissioner Belanger, that the report
of the Assistant Director of Public Wgrks relative to traffic pattern and off-~.~
street parking be adopted, with the exception of paragraph #3 contained in said
report, and that same be forwarded to the City Council as the recommendation of
the Planning Commission; motioh!darri~d'~f~h'C~'m~issioner Matteoni abstaining.
B. SDR-918 - Monty R. Boyd (Comer), Arroyo de Arguello - Request for Reconsideration of Conditions :
The Secretary recommended that the Building Site Committee Report relative to
SDR-918 be reapproved with the ~e~'d~' Condition II-J as f~'~o'~s:
"J. Donald T. Comer by letter dated March 3, 1973 has agreed
to convey to Santa Clara County Flood Control, in accord with
Eminent Domain Proceedings Civil Action #280518 in the Superior
Court of Santa Clara County, that parcel of land identified as
Assessor Parcel 503-16=67."
Commissioner Smith moved, seconded byiCommissioner Marshall, that the Building
Site Committee Report r~ia~ve~ to SDR-918 be reapproved, as amended, and that
the tentative map (Exh'ibit "A", filed2August 12, 1971) be reapproved subject
to the conditions set forth in said report; motion carried unanimously.
C. Referral by City ManaSer of Proposed Private School in County - Sanborn Road (Saratoga..
Sphere of Influence)
The Secretary explained that an application has been filed with the Santa
Clara County Planning Department for a private day school to be located on
Sanborn Road on the McManus property. He then read a Staff Report dated
April 9, 1973 recommending that the subject request be denied.
Commissioner Matteoni explained that One reason for this request may have
been to establish some higher use of the property and for that reason the
condition relative to the acquisitionzof the McManus property by the Santa
Clara County Board of Supervisors for purposes of developing a regional park
on Sanborn Road should be deleted from the subject report.
-7-
~ontinued
Planning Commission Minutes - April 9~ 1973 -
VI. C. Referral - Continued
Commissioner Belanger stated that. she is in favor of establishing as
many parks as possible; however, anyt[[ng that causes increased traffic
on Big Basin Way should be carefully ~eviewed since this is a problem
for which the City of Saratoga seems go be solely responsible.
Commissioner Marshall stated that the parks may be of the "game refugee"
type; thereby, creating very little t~Rffic.
The Secretary stated that it woufd be R limited-use-type park, but there
will still be park facilities availab]. that will cause some traffic problems.
Commissioner Belanger suggested that, ~perhaps, the County could be
encouraged to request the State to he~p the City of Saratoga solve the
traffic problem on Big Basin Way.
Commissioner Marshall moved, seconded ~by Commissioner Matteoni, that-the
Planning Commission adopt, as amended,~ the Staff Report dated April 9, 1973
and recommend to the City Council· tha~ Santa Clara County deny the Use Permit
for the proposed private day-grade-school for the reason stated in said
report; motion carried unanimously.
VII. COMMUNICATIONS
A. WRITTEN
Proposed Variance Request for Mr.. E. Westbrook - Lot #28 of Tract 3946
(Tollgate Subdivision)
The Secretary read a·request for an o~-site inspection by the Variance
would be considered for r d i n s
lot.. The Secretary further stated that it would be well to require a
geological report in connection with this request.
Chairman Lively directed this matter on~inued to the next regular meeting
and referred same to the Variance Committee for study. He, also, requested
the Secretary to contact the City AttOrney to determine the legal stance of
the City in this matter.
Connnissioner Marshall, on behalf of t e Variance Committee, arranged,'.~wi·th
the applicant, for an on-site inspection of the property for Thursday, March 12,
1973 at 5:30 P.M.
B. ORAL
Guests
Chairman Livelyzackpowledged, with'pleaSure, the presence of Councilman
Diridon, Mr. and Mrs. McGuire'of'·the ~ood Government Group, Mr. Ray Muzzy
and Mr. Charles Huff of the Prides Cross Homeowner's and Taxpayers Association,
and Mr. E. Westbrook property owner in the Tollgate Area. He, also, thanked
Mrs. McGuire for the coffee served at recess.
VIII. ADJOURNMENT
Commissioner Smith moved, seconded by Commissioner Marshall, that the meeting
of April 9, 1973 be adjourned at 10:20 P. [.; motion carried unanimously.
Respectfully submitted,
~Stanley M. Wlak~
Saratoga Planning Commission
j -8-