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HomeMy WebLinkAbout11-26-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES ******************** TIME: Monday, November 26, 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 Belanger, Lively, Marshall, Matteoni, Smith, and Woodward. Absent: Commissioner Martin. B. MINUTES Commissioner Smith moved, seconded by Commissioner Marshall, that the reading of the minutes of the November 12, 1973 meeting be waived and that they be approved as distributed to the Commission; motion carried unanimously. C. CITY COUNCIL REPORT The Secretary gave a brief summary of items reviewed and action taken at~the City Council meeting of November 21, 1973 and then referred to the memo submitted by Commissioner Martin which emphasized the items of particular interest to the Commission. II. PUBLIC HEARINGS A. C-170 - Ben R. Shippen, Allendale Avenue - Request for Change of Zoning from "R-I-40,000" (Single-Family'Residential) to "R-l-10,000" (Single-Family Residential) - Continued from August 13~ 1973 The Secretary stated that because of the'General Plan Review, which is still going on, this matter should be continued to the first meeting in January, 1974 to allow the General Plan Review to proceed and provide some input regarding this item.. No one else present wished to comment relative to C-170. Chairman Lively did not open the hearing relative to C-170 at' this time and directed the matter continued to the ~irst meeting of January, 1974. B. C-171 - Mel DeSelle, Fifth Street - Request for Change of Zoning from "R-M-3,000" (Multi-Family Residential) to "C-C" (Community- Commercial) - Continued from November 12, 1973 The Secretary recommended that C-171, also, be continued until the first meeting in January, 1974 to allow the General Plan Review to proceed. No one else present wished to comment relative to this matter. Chairman Lively did not open the public hearing in connection with C-171 and directed the matter continued to the first meeting of January, 1974. -1- Planning Commission Minute~ - November 26~ 1973 - Continued II. C. V-401 - J. T. McManus, Upper Hill Drive - Request for Variance to Allow a Reduction in Side Yard Setback Requirements Chairman Lively opened the public hearing relative to V-401 at 7:45 P.M. The Secretary stated that the Notice of Hearing was mailed and then he read a Statement of Reason submitted by the applicant. The applicant was not pre~ent and no one in the audience wished to comment relative to V-401. The Secretary recommended that a field investigation of this site be arranged since it is a somewhat difficult lot. Commissioner Belanger ~i'd'~.in order to judge this request fairly a better. topography map and house elevation'S are needed especially ,4ince this is a difficult lot'. ' Commissioner Matteoni recommended that some elevations should be made available prior to the field investigation; otherwise, a second,=. field trip may be necessary. Chairman Lively closed the public hearing for the evening at 7:50 P.M., directed V-401 continued to the next regular meeting, and referred the matter to the Variance Committee for study and a report at that time. Commissioner Woodward, on behalf of the Variance Committee, arranged for an on-site inspection of this ~ite for 9:00 A.M., December 8, 1973. D. Proposed Amendment to Zoning Ordinance NS-3, Articles 1, 3, and 16 - Regulating Two-Story Residences in Residential Areas - Continued from November 20~ 1973 Chairman Lively reopened the public hearing at 7:55 P.M. and then stated that a new draft of the subject ordinance has been written. Commissioner Marshall explained that the Planning Commission has been concerned about hillside developments where possibl.y all of the houses might have to be split level, but he did not believe it was the intent to change the coverage in the rear yard. Mr.. Faber L. Johnston, City Attorney, was present and recommended that in line 4. . .paragraph 3o .of Section 2. . .the word "may" be replaced by the word "shall". Commissioner Matteoni recommended that line 4. .of paragraph 3. o of Section 2. .be changed to read as. follows: "shall be exempt from' this section except for maximum coverage and minimum rear-yard requirements." Commissioner Matteoni further recommended that line 6 and 7 under Section 16.15 · . .paragraph 1. .be deleted andZ the following be added after the word ~ d' ~Or xnance. "The Planning Director shall be guided by, but have the discretion to set aside any of, the standards and criteria hereinbefore set forth in this ordinance in Section 3.7-2 thereof for new construction, in those..'~ cases where arch- itectural design and/or geologic, topographic or physical conditions on the site or in. the immediate vicinity give substantial evidence that the issuance of a Coversion Per- mit will comply with the purpose of this Ordinance; that is, to protect neighboring properties from invasion of privacy, unreasonable interference with views, adverse impact on aesthetic character, and reduction in quantity and quality of light and air." -2-. Planning Commission Minutes - Novembet 26~ 1973 - Continued II. D. Proposed Amendment - Continued The City Attorney stated that legally he would have no problem with the change suggested by Commissioner Matteoni. Commissioner Belanger stated that Commissioner Matteoni's suggestions reflect exactly what for her the Planning Commission has been trying to say for the last several moBths and it pleases her very much. Commissioner Smith recommended that paragraph 2 .... under Section 16.15 be replaced as paragraph 3. .and paragraph 3. .be inserted as paragraph 2. The City Attorney recommended that if paragraph 2. .is to be moved it probably should be changed to read as follows: "Once a Conversion Permit has been issued and the applicant has expended substantial sums in reliance thereon, and ~he tlme for appeal has expired, the same shall be permanent and irrevocable." No one in the audience wished to comment relative to this matter. Commissioner Smith moved, seconded by Commissioner Marshall, that the public hearing relative to the proposed ordinance amendment be closed at 8:12 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Marshall, that the ordinance amendment to Zoning Ordinance NS-3 regulating twosstory and other multiple-story residential structures be approved by the Planning Commission, as amended,. and that same be forwarded to the City Council as the recommendation of the Planning Commission; motion carried unani- mously. E. Resolution PC-120 - Regulating Planning.Commission Meeting Dates Chairman Lively opened the hearing relative to Resolution #PC-120 at 8:15 P.M. He explained that the proposed resolution would set the Planning Commission meeting time at the second· and fourth Wednesday of each month starting January~9'~,1974. Commissioner Smith moved, seconded by Commissioner Marshall, that Resolution PC-120 be adopted by the Planning Commission; motion carried unanimously. Planning Commission Meeting of December 24~ 1973 Chairman Lively stated that a~other matter that should be considered is the meeting now scheduled for December 24, 1973. Is it the opinion of the Commission that this meeting should be cancelled or postponed? Commissioner Matteroni stated~that he would like to withhold any recommendation on this matter until such time as it is determined what the volume of business will be for that meeting. Chairman Lively, on the basis,of a recommendation from the Commission, directed that a decision on this matter be delayed to the meeting of December 10, 1973. III. BUILDING SITES AND SUBDIVISIONS A. SDR-1054 - Roy Anderson, Saratoga Avenue - Building Site Approval - 2 Lots - Continued from NOvember 12~ 1973 The Secretary recommened that SDR-1054 be continued to the next regular meeting to await comments from the Flood Control District. Chairman Lively so directed and requested the Staff to contact the Flood Control District to determine the reason for the delay in this matter. ~3- Plannin~ Commission - November 26 1973 - III. B. SDR-1079 - Southland Corporation (7-11 Food Stores), Big Basin Way - Building Site Approval - 1 Lot - Continued from November 12, 1973 The Secretary stated that the applicant did submit a letter granting the Planning Commission an extension of time on the tentative map; however, since the City Council is still pursuing the possibility of purchasing this lot the applicant's request for building site approval should be ccontinued to the next regular meeting. Chairman Lively so directed. C. SDR-1081 - James Dyer, Vessing Road - Building Site Approval - .4 Lots - Continued from November 12~ 1973 The Secretary explained that this matter was continued at the last meeting and the applicant and his engineer were asked to study the lay-out of this site to determine if there were some alternate way to locate the cul-de-sac on this property. In addition~ the applicant was to meet with the Subdivi- de§ion Committee to discuss this matter as well as the relocation of the road. This has not been accomplished by the applicant. The applicant and his engineer were present and stated that they misunder- stood the instruction of the Commission and thought that the only require- ment was to determine the distance of the cul-de-sac from the neighboring McKenzie property and make some changes if it was unusually close and would cause some noise disturbance to the McKenzies. Chairman Lively asked the applicant to arrange for an appointment with the Subdivision Committee to discuss moving the cul-de-sa further to the east in order to reduce the cut and fill and review the possibility of relocating the road. D. SDR-1083 - Frank Schillace, Upper Hill Drive - Building Site Approval - 1 Lot - Continued from November 12~ 1973 The Secretary stated that the tentative map ·relat·ive·.·t6 SDR-1083 has been revised as requested by the Department of Public Works. The appli- cant has reviewed the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 26, 1973 be adopted and that the tentative map (Exhibit "A", filed October 10, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-1085 - Richard A. Calarco, Palomino Way - Buildin8 Site Approval - 1 Lot The applicant was present and stated he did review the proposed conditions ........ of app_ro_.v_a_l and exp.reSsed _S~tisfaction with sam_e'. .. __ Commissioner Belanger stated that the applicant's attention should be called to conditions II-I and he should be made aware of the fact that the reason Design Review is not being required in this case is that if the house is built as shown on the map it looks like there will be minimal dis- turbance of the terrain and a real effort made to blend the house with the surroundings and in that case there really would not be any more require- ments; however, if the applicant were to build ~nything radically different __ from_.t...h.a_t _then_.Design Reviewswill be required. '/ Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 26, 1973 be adopted and that the tentative map (Exhibit "A", filed November 8, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. F. SDR-1086 - John Sumida, Sarahills Drive - Building Site Approval - 1 Lot The applicant was present and stated he did review the proposed conditions of approval and expressed satisfaction with same. Commissioner Belanger recommended that condition "O." be added as follows: "0. Design Review Approval required." Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 26, 1973 be adopted,· as amended, and that thY tentative map (~h'fb'iY"'~"'~'~rIFd' November 28, 1973) be approved subj~ect to the conditions set forth in said' report; motion carried unanimously. Planning Commission Minutes - November 26~ 1973 - Continued III. Go SDR-1087 - Assurance Co., Wardell Road and Saratoga-Sunnyvale Road - Building Site Approval - 3 Lots The Secretary recommended that SDR-1087 be continued to the next regular meeting to allow theDepartment of Public Works additional time to review improvement requirements and the legal situation as far as road frontage is concerned. Chairman Lively so directed. IV. DESIGN REVIEW A. James Rodri~ues, Woodbank Way - Final Design.Review Approval'.of Single-Family Residence - Continued from November 12~ 197-3 The Secretary stated that the applicant is present to,provide any additional information that may be required relative to this matter. and would like to speak to'the Commission relative to engineering profiles and plan~'~' view of'the cut and fill situation. Commissioner Belanger stated.that when the Planning'Commission handles a matter as complex as this one has proven to be She finds it difficult, unless the Commission were to consider itself a body studying the matter as a Committee of the Whole, to study the details of a matter like this at a public meeting and since the Commission is organized under a Committee system she thinks it would be better to study the details or a matter like this at the Committee level. before it is debated at any length at a public meeting. This is true of an~ matters that have any complexity to them and as we move into the hillsides this is goin~ [o Be a more frequen~ ~oc.currenca. The Secretary stated that the recommendation is to continued this matter but the applicant did want to speak to the full Commission relative pro- viding the necessary information in connection with this proposal. Mr. Rodrigues was present and stated that 1) he would like the Planning Commission to reconsider the conditions relating to the proposed construc- tion of this house since he was not aware of the costs he would run into in the development of this p~operty 2) he did bring along a map that shows three (3) different views, the cut, the side elevations, and all contour lines 3) the first top contour shows the drawing of the proposed home as well as the neighbor% existing home and lastly he would like to indicate that from the,foundation of\the neighbors home to the edge of the property there was an approximate;six-foot drop 4) in the second drawing it shows the two heighboring homes, the site elevations showing the approximate thirty-foot drop on his property and the approximate drop on both sides of the neighbor[ property 5) on the other bottom portion is shown the approximate cut and fill, plan?"~..~ view as well as the side view 6) the maximum cut from the present groundselevation to the bottom of the cut would be six-feet and 7) it will slope from south to north generally. Chairman Lively noted that the point we should look at is that there ~a-re ~existing~ residences~',W~ich have been here for many years. This applicant will always look up at the hills because of the proposed location of his home; however, the neighbors will always be looRing at the applicant's back windows. Mr. Rodrigues explained that an aerial view of the neighbors property is available showing that his (the neighbors) home is surrounded by trees and orchard and anyone could go out and take a look and see if the view will be obstructed by the proposed structure or if the view has'already been obstructed. Commissioner'Marshall asked i'f the applicant had considered anything other than a two-story such as single story or story~and~a~half. -5- Planning Commission MinUtes - November 26~ 1973 - Continued IV. A. Rodrigues - Continued Mr. Rod~igues explained that he now lives in a single~and~a~h~lf story and would like a change. Commissioner Marshall explained that if a single-story home were p~op0sed a 25-foot setback would-be no problem~ Commissioner Belanger stated that she finds fault with the idea that the applicant cannot supply adequate maps that depict how the house will sit on the lot - it would seem that if the applicant is planning as hard for this home as he says he is he would get an architect and engineer to work on this. It would be advantageous to see these plans now before this home is built. Chairman Lively explained that the drawings submitted are taken from a series of other data and the Planning Commission would like to know where the house is going to be located and the applicant should be required to submit larger~scale maps. He then directed the matter continued and asked the applicant to meet with the Design Review Committee. The Secretary suggested that, perhaps, the applicant could get the profile maps verified by a certified architect or building designer. B. A-419 - T & F Development Co., Big Basin Way and Fourth Street - Preliminary Design Review - Commercial Building - Continued from November 12~ 1973 The Secretary explained that this matter is not ready and should be continued to the next regular meeting since there was some question by the applicant that they had already been through Design Review on this matter, but the feeling is that the applicant should meet once more with the Design Review Committee to resolve the-matter. Chairman Lively so directed. C. Landscaping and Fencing Policies re Planned Community Developments - Continued from November 12~ 1973 The Secretary stated that residents of this development received copies of landscaping and fencing policies as proposed by the Design Review Committee, but have not yet submitted their comments relative to the proposed recommendations. Mr. Henshaw, attorney representing the property owners involved, stated the recommendations relative to landscaping and fencing policies have been reviewed by the residents~-o~ the P-C development. Chairman Lively stated that the Design Review Committee would like to meet with Mr. Henshaw and the other citizens affected by this proposal··and the related guidelines. Mr. Henshaw stated he would notifylzthe other residents of the pro- posed meeting with the Design Review Committee. D. A-391 - George W. Day Construction CO., Fruitvale Avenue - Final Design Review - Single-Family Residence - (Lot #1, Tract 5327) - Continued from November 12~ 1973 It was recommended that the Staff Report dated November 26, 1973 relative to Lot #1 of Tract 5327 be amended to add the following condition:· "d. Garage required to face north side of property and provide additional 5-feet of setback on each side." -6- Planning Commission Minutes - November 26~ 1973 - Continued IV. D. ;~A-391 - Continued Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 26, 1973 relative to A-391 be adopted,a. aS amended, and that Final Design Approval be granted for the proposed single-family residence on Lot ~1 of Tract 5327 as shown on Exhibit "W" subject to the conditions stated therein; motion carried unanimously. E. A-391 - George W. Day Construction Co., Fruitvale Avenue - Final Design Review - Single-Family Residence ~ (Lot #13~ Tract 5327) It was recommended that the Staff Report dated Noveraber 26, 1973 rela- tive to Lot ~13 of Tract 5327 be amended to add the following condition: "do Rotate home to provide.'~n additional 8-feet '~of setback from the north easterly corner." Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated November 26, 1973 relative to A-391 be adopted, as amended, and that Final Design ApprOval be granted for the proposed single-family residence on Lot #13 of Tract 5327 as shown on Exhibit "W" subject to the conditions stated therein; motion carried unanimously. V. ENVIRONMENTAL IMPACT REPORT None RECESS AND RECONVENE VI. MISCELLANEOUS ITEMS A. Tract 5384 - James Day, Woodbank Way - Relocation of Emergency Access Easement - Contimued from Novemb~r-.12~ 1973 The Secretary stated'that this matter should be continued to the next regular meeting since the process of arranging a meeting with the applicant, the Subdivision Committee, and interested property owners is still in progress. A letter was submitted by Mr. Robert L. Middleton stating that he did not intend to grant the developer Mr. James Day, an easement over a portion of his property for an emergency exit for the development of Tract 5384. Chairman Lively directed the matter continued to the next regular meeting and referred same to the Subdivision Committee for furthe~ study. B. UP-111 - Church of Latter Day Saints, Allendale Avenue - Modification of Use Permit The Secretary stated that Mr. Walter_~u_ir, the applicant~s representa- tive, has asked that this request to install a mini-softball diamond on the Church property be continued off the agenda until further notice. Chairman Lively so directed. C. SDR-917 - Don Tennenbaum, Saratoga and Cox Avenues - Request for Revision in Entrance to Cox Avenue The Secretary explained that [his request involves the entrance to Cox Avenue from the office building on the corner of Saratoga Avenue and Cox. The matter should be continued to the next regular meeting and referred to the Design ReView Committee for study. Chairman Lively so directed. -7- Planning Commission Minutes - November 26.~ 1973 - Continued VI. D. Review of UDOS Plan for Santa Clara County The Secretary stated that a memo from the City Manager recommends that the Planning Commission Schedule for review the final UDOS Plan as adopted by the P.P.C. and then prepare a recommendation to the City Council as to whether or not the City should adopt the final version of the report. Chairman Lively so directed and directed the matter continued to the next regular meeting. E. George pay - Planned Community Development The Secretary stated that on the George Day Planned Community Develop-" ment there was the need to reapprove..' or modify the site development plan for that subdivision because of all the discrepancies in the maps submitted, the original site development plan, the later site develop- ment plan, the tentative map,'and the final map, all need to be put together into one site development plan that reflects the actual final subdivision map plus whatever house location and house designs that the Commission wants to see on that development. This can be put into order and presented to the Design Review Committee for review. Chairman Lively so directed. VII. COMMUNICATIONS A. WRITTEN Storage - Marshall Lane and Quito Road The Secretary stated there was one communication which is in the form of a petition concerning.the problem at Marshall Lane andQuito Road. This problem has been in t~e way this situation is being operated. There does not seem to be a violation of any particular ordinance of the City, at least at the present time. The only way to rectify the situation would be for the City to adopt an." ordinance that would prevent the parking maintaining, servicing and operation of heavy trucks, and equipment such as in this situation. These people who are concerned about this problem are asking that the Planning Commission recommend to the City Council that an appropriate ordinance be adopted to prevent or control this type of operation. This matter is still being pursued with the City Attorney on a legal basis. Commissioner Belanger moved, seconded by Commissioner Marshall, that enactment of ah~ordinance be initia~ed to prohibit the parking, maintenance, servicing, and Operation of heavy equipment and the storage of larger trucking vans of'any type within the residential zoned areas of the City of Saratoga except on an active job and that this recommendation be forwarded to the City Council as the recommendation of the Planning Commission; motion carried unanimously. B. ORAL General Plan The Secretary explained that the Planning Consultant for the General Plan intends to provide for the meeting of November 27, 1973 the summa. ry of. long General Plan draft report including objectives, policies, ~nd recommendations on different areas some~-hat similar to what was reviewed at the study session last time and'the maps to go along with that will describe those recommendations. Commissioner Matteoni noted that he has some reservations about the General Plan as proposed, but maybe time has been pressing and, perhaps, the Planning Consultant has a different approach than the Planning C'~mm~ssion does to this matter. He does not feel it will be possible to finish the hearings on the General Plan before Christmas and the Commission Should not feel rushed to do so. Planning Commission Minutes - November 26, 1973 - Continued VII. B. General Plan - Continued Chairman Lively agreed and stated he would like to see the Commission take more time between publiCS'. hearings since during the holidays ~people will have too much on'their mind to concentrate on the General Plan. He would suggest the final public hearings on the General Plan be put over until the beginning of the New Year. There are three (3) or four (4) areas that have not been looked at by the Planning Consultant. Maybe, some of these matters should be considered by the General.Plan Committee. Commissi6ner Marshall stated that, perhaps, these matter should should be reflected in the General Plan Report and recommendations 'and then be referred to the General Plan Committee for review, but he can see no point in the members of the General Plan Committee discussing these matters without direction from the Consultant. Commissioner Belanger noted that many of the items referred to as the "Baker's dozen" have not even been brought up in the report. Guests Chairman Lively 'acknowledged, with pleasure, the presence of/C~'~u'~ilman ,Diridon, Miss Moss of the Good Government Group, Mr. Lou Leto of George W. Day Co., and'~r. Joh~ Powers of. the Quito Merchants Association. He, also, thanked Miss Moss for the coffee served at recess. VIII. ADJOURNMENT Commissioner Smith-moved, seconded by Commissioner Marshall, that the meeting of November 26, 1973 be adjourned at 10:20 P.M.; motion carried unanimously. Respectfully submitted, Stanley M. W~ker, Secretary Saratoga Planning Commission j