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HomeMy WebLinkAbout03-27-1974 Planning Commission Minutes OF SARATOGA PLANNING COMMISS MINU~ES ********************* TIME: Wednesday, March 27, 1974 - 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, Marshall, Martin, Matteoni, Smith and Woodward Absent: None B. MINUTES Commissioner Smith moved, seconded By Commissioner Martin, that the reading of the minutes of March 13, 1974 be waived and that they be approved as distributed to the Commission subject to the following correction cited by Chairman Marshall: spelling of Mr. Apker's name on pages 3 and 4. The motion was carried unanimously. C. CITY COUNCIL REPORT Commissioner Matteoni gave an oral ~eport of the City Council Meeting of March 20, 1974. The minutes of same are on file in the Administration Office. II. BUILDING SITES AND SUBDIVISIONS A. SDR-1093 - David N. Grant, Canyon View Drive, Building Site Approval, 1 lot; Continued from March 13~ '1974 The Secretary submitted a Staff Report dated March 27, 1974 relative to this matter. He stated the applicant's map depicted an access which did not compare accurately with that of the adjacentl property's access (SDR-1090)o He added that the applicant had been requested to submit a combined map which depicts both access and building locations for SDR-1090 and SDR-1093. Mr. Livengood, representative of the, applicant, submitted a letter to the Commission dated March 27, 1974 which g~anted .'this matter be extended to the Planning Commission meeting of April~10, 1974. Chairman Marshall directed SDR-1093 be continued to the meeting of April 10, and referred this matter to the Subd{vision Committee for further review. B. SDR-1094 - Church of Ascension, Prospect Road and Miller Avenue, Building Site Approval - 1 Lot; Continued from March 13~ 1974 The Secretary submitted a Staff Report dated March %7, 1974 which recommended that preliminary__~U~i~g__~£~_~.~p~.9~!_b_e_.~_ted~_.~..~.~y~Sed map had been { ......f{i~d which more closely reflected the property'S origimal Use P~rmit~"'(~%~0'~ UPi218)~ It was noted that'the shape of the building had been changed from octangular to rect.an~ul~._ It was further pointe~ out that .before final design approval could be granted, a detailed landscape plan would be required subject to Design Review commi'ttee review. " " The president of the Pride's Crossing Homeowners Association expressed concern that noise be kept to a minimum and that trash bins not be made "obviously visible." He further requested a copy of the plan, and was informed that copies could be picked up from the Planning.Department. Mr. Dan Popylisen, Vice President of:the same association, requested a copy of the traffic access map, and was referred to the Public Works Department for same. -1- Minutes of March 27, __ B. SDR-1094 - Church of Ascension - Continued Mr. Myers, representative of the applicant, was present, acknowledged receipt of the Staff Report and indicated acceptance thereof. Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated March 27, 1974 relative to SDR-1094 be accepted, and Exhibit A filed January 28, 1974 be approved subject to General Condition I and Special Conditions II (a) through (k) of the report. The motion was unanimously approved. C. SDR-1095 - Peter Matulich, Marion AVenue, Building Site Approval - 1 Lot; Con- tinued from March 13~ 1974 The Secretary stated the Staff Report dated March 27, 1974 relative to this matter recommended approval of the Building site application. He stated this matter had been continued to give the applicant opportunity to submit a revised. map depicting a two-car garage. Mr. Matulich, applicant, questioned Special Condition "d" of the report, and the Chairman referred him to Public=Works Department to discuss this matter. Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated March 27, 1974 relative to SDR-1095 be accepted, and Exhibit B filed March 15, 1974 be approved subject to General Condition I and Special Conditions II (a) through (k) of the report. The motion was carried unanimously. D. SDR-1096 - Thomas Ezarsky, Montewood Drive, Building Site Approval ~ 1 Lot; Continued fromMarch 13~ .1974 The Secretary stated the Staff Report dated March 27, 1974 relative to this matter recommended approval of the building site application. The. Chairman directed the report be corrected to reflect Exhibit A-l, filed March 22, 1974, and to use the word "grades" instead of "homes" in Condition L. Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated March 27, 1974 relative to SDR-1096 be accepted, and Exhibit A-1 filed March 22, 1974 be approved subject to General Condition I and Special Conditions II (a) through (n); of the report, as amended]. The motion was carried unanimously. ~- " E. SDR-1097 - Stoneson Development Corporation, Springer & Fieldstone Streets, Buildin8 Site Approval; 1'0 Lots The Secretary stated the applicant had submitted a letter which requested an indefinite continuation of this matter. Commissioner Smith stated he felt the applicant should grant the Commission an extension to a specific date rather than continue the matter off the agenda for an indefinite period of time. Chairman Marshall moved, seconded by Commissioner Smith, that the decision on SDR-1097 made at the March. 13,.1974 Planning Commission meeting. be reaffirmed subject to receipt of ~n"~xtension tO.a'~definite date f~om the applicant. ~ Chairman Marshall directed the Staff. to advise the applicant of this decision. F. SDR-1098 - Robert Livengood~ Sarahilis Drive, Building Site Approval - 1 Lot The Secretary stated that a revised map had been submitted by the applicant, but had not been reviewed by the Subdivision Committee. He stated that Public Works had requested a further review be made of the driveway approach, and design review be a condition prior to granting tentative site approval. -2- Minutes of March 27~ F. SDR-1098 - Robert Livengood - Contihued Chairman Marshall directed SDR-1098:be continued to April 10, 1974,and referred this matter to the Subdivision Committee and Public Works for further review. G. SDR-1099 - John A. Lowry, Palomino Way, Building Site Approval - 1 Lot The Secretary stated a Staff Report.dated March 27, 1974 had been prepared which recommended design review be a condition prior to granting approval of this application. He recommended this matter be continued until after design review. Chairman Marshall directed SDR-1099~be continued to the April 10 meeting, and referred this matter to the Design Review Committee for review. H. SDR-1100 - A.R. Woolworth~ Brandywine Drive~ Building Site Approval - 4 Lots The secretary stated the applicant Would be meeting with the Subdivision Committee on March 28, 1974 and recommended this matter be continued. Chairman Marshall directed SDR-1100 be continued to the April 10,.-197~ P~anning Commission meeting, and referred this matter to the Subdivision Committee for review. I. SDR-1101 - Avco Development Corpora[ion, Cox Avenue, Subdivision Approval - 18 Lots The Secretary stated the applicant Would be submitting a revised map, and recom- mended this matter be continued. THe Chairman directed SDR-1101 be continued to April 10, 1974 Planning Commission meeting, and referred this matter to the Subdivision Committee for review. J. SDR-1102 - Mike Purcell~ Bi~ Basin ~ay~ Building Site Approval - 1 Lot Commercial The Secretary stated SDR-1102 was contingent upon the Village Parking Lot discus- sions, and recommended this matter be continued. Chairman Marshall directed SDR-1102 be continued to the April i0, 1974 meeting of the Planning Commission, and. referred this matter to the Subdivision Committee for review. K. SDR-1103 - Fred Marburg, Saratoga-Sunnyvale Road, Building Site Approval; 1 Lot Commercial The Secretary stated SDR-1103 had n~t been reviewed by the ~ater and recommended this matter be cont{nued. Chairman Marshall directed SDR-1103 be continued to the meeting of Apri! 10, 1974, and referred this matter to the Subdivision Committee for review. L. SDR-1104 - Ben Yates, E1 Camino Gra~de~ Buildin~ Site Approval - 3 Lots The Secretary stated the applicant ~ould be meeting with the Subdivision Committee on March 28, 1974 and recommended t~is matter be continued. Chairman Marshall directed SDR-1104 be continued to the April 10, 1974 Planning Commission meeting, and referred this matter to the Subdivision Committee for review. III. DESIGN REVIEW A. SDR-1096 - Thomas Ezarsky, Montewood Drive, Final Design Review - Single- -. Family Residential (1 Lot) Mr. Don Burt, City Planner, read the' Staff Report relative to SDR-1096 dated March 27, 1974 which recommended approval of final design. A question was raised as to whether the file number should' be changed to reflect a design review number. Mr. Burt assured the CommiS. sion the number"~ssigned was appropriate. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report dated March 27, 1974 relative to SDR-1096 be accepted and Exhibit A be approved as per the report.. The motion was carried unanimously. Minutes of Marc · Family.Residen~ial__(~6__B~its);' Continued fr~a'rch"27~ 1974 Mr. Burt read the Staff Report relative to A-420 dated March 27, 1974 which recommended approval of the preliminary design review, subject to Conditions (a) through (d) of the report. Mr. Bur~t explained that Condition (d) regarding a pedestrian walkway on Fourth Street, would be integrated with the driveway. Chairman Marshall stated the plans relative to the driveway had been changed regarding the ingress/egress onto O~k Street, and suggested Public Works review these changes. He further recommended adding a Condition (e) to the report as follows: "Driveway approach shall be integrated with and compatible to the proposed parking street district and Fourth Street." Mr. Franklin, applicant, stated he ~ould agree to this condition in that he was convinced the parking district would go through. Chairman Marshall suggested that the issuance of a building permit for the townhouses on Parcel A be contingen[ upon the access through Fourth Street to the property, and be completed either by the action of the parking district or the development of Parcel B. Concern over this Suggest~'0h was'eXpressed by some Commission members, and Commissioner Belanger requested the Design Review Committee caucus during the recess period to discuss this matter. RECESS - 9:03 p.m. MEETING REOPENED.- 9:17 p'.m. : Chairman Marshall stated he felt it=would be proper to continue A-430 to the April 10 meeting of the Planning Commission in order to allow Public Works to review the driveway approach and~to allow the Design Review Committee to further review the original Staff Report (SDR-1076) conditions relative to this matter. Commissioner Matteoni disagreed with this suggestion in that the Design Review Committee had succeeded in convincing the applicant to change his orig~n_al__plans_ ~to what has been .presently'submitted to the Commission.' He f~lt it would .be lunfalr to the'applicant ~o continue.this matter in that the applicant had' !.~omplied with_yhe re,Vests of the Design Review COmmittee. · ~2. Tyler,[a business aSsocia'te of. the applia~, stated he felt this' mat~er ,' !could be c6~t'ih~ed [b'A'p~fI '101[ b~']h~'~ug~'Sted that at '[~a[ [{m'a ~n~i' a . .. .2 - . . ........ ~. ~e'fI as p~eliminary 'design review b~ granted'~ '." '7 ..... :- ........' ' Commissioner Belanger.stated, as Chairman of the Design Review Committee, this would be a reasonable course of action, but she asked that a consensus of the design be made at this meeting by 't~e Commissioners. She stated that the Design Review Committee was in favor of the' plans as they exist. Commissioner Smith expressed a dislike 6f the plans in that they were repetitive and unattractive, and he indicated h=e would be against granting design review approval. Commissioner Martin expre;ssed concern regarding the view of the driveway and back of the building frbm Big Basin Way. He stated he felt some- thing more innovative and imaginative could be done to camouflage this facade. Chairman Marshall agreed with CommiSsioner Martin and stated that before he would vote in favor of the plans, he! would like to see landscaping incorporated to screen the retaining wall and driveway. Mr. Franklin stated the landscape plans included planting 15 gallon, fast- growing evergreen trees below the driveway. He stated that within 3 to 4 years this section would be completely blocked from the viewpoint of Big Basin Way. Commissioner Belanger stated that there was a deeper issue involved here, and asked to what degree could the CommiSsioners "inflict our tastes on a deve'16per.·t' She explained that the Design Review. Ordinance was vague and did not give Minutes of March 27 B. ~A-430 -.A!rnaden.·~evel~pment ~..Preli~inary Design ·Review ·T ~o[tinued adequate guidelines to follow; as azresult of this, she felt subjective decisions were often made. She stated that d~nial of this design review application would have to be based on well-founded, o~jective standards. Mr. Tyler stated that Franklin Homes had discussed their plan~_· for this 6-unit townhouse project with the Architece~ral Review' Co~ani~tee~ He 'slated their comments were that the plans were well done in that there was only 6 units with which to work. They further pointed out that insomuch as there were different mUltiple- family 'p~6j~ctS' on either side of this development, a non-repetitive look would be established. Chairman Marshall concluded the discussions by stating that the applicant had received input on the design reviewsapplication from the CommisSioners as follows: three members were in favor of the design; one member was opposed to the design; and two members were against the design unless screening was incor- porated to camouflage the driveway and retaining wall area. H~_~.r_~cted A-430 be continued to the Planning Commission ~meeting o~ April 1~ 1974,--and referre~ this. matter to-·the ~6'1%~ Works Department' and the Design Review Cormnitte?f~r VI. MISCELLANEOUS : A. Discussion of Amending Ordinance NS-3 to Accommodate One-Day, Once-a-Year Outdoor Events Held under.the Auspices of Non-Profit OrSanization's The Secretary recommended the Commission consider amending Ordinance NS-3 to accommodate one-day,'no~-profit organization events, such as the upcoming annual Rotary Club Art Show. He stated the CitX Attorney had indicated the ~Planning Commission could add a conditional use'ito Ordinance NS-3, but noted that a Use ~ii'~l'd'bY reqh'i~tY. afi~'~'Y~ public hearings ~F~I~'tYV~'f5 same. = .... ' : ~! _, .' ' . _ _. l'. .......... Commissioner Belanager asked if permit procedures regarding other public gatherings (such as church bazaars,;parades, occasional dances, etc.) wohld be in conflict with .:this amendment. Chairman Marshall explained this amendment would not be in conflict with other permit procedures in that most of these other public events were either approved by City Council or required permits such as a parade permit, etc. Commissioner Smith moved, seconded 5y Commissioner Martin, that: (1) The Commission modify Section 7.3(b) of Ordinance'NS-3 by adding to the list of Conditional Uses in a C-C zone the ~ollowing: "Public activities of an outdoor, one-day, once-a-year basis ,conducted under the auspices of a non- p~ofit organization." (2) The Commi:ssionmake the findings of Section 14.1 (a) through (h) in substantiation of such action. The motion was carried unanimously. Chairman Marshall directed the Secretary to notify the Rotary Club they must apply for a Use Permit regarding the'ir Annual Art Show. B. Discussion of Coordinating County Referrals on Land Development Matters and Means of Coordinating City-County Planning Efforts The Secretary informed the Commission that the Stanley R. Lee appeal to the County Planning Commission had been 'denied. He further stated that the City Council at their meeting of March 20., 1974 had directed the City appeal this decision to the Board of Supervisors.. Mr. Rowe explained that City and County staffs were attempting to work together to resolve conflicting problems, and that a meeting had been arranged between Mr. Cameron, Director of County Planning Commission, Mr. Beyer and himself on Monday, April 1, at 3:30 p.m. to discuss same. Chairman Marshall read a letter from·Fire Chief Kraule dated March 25, 1974 which requested the Chief of the Fire Department be notified whenever County B. Discussion of Coordinating ~ity-County Planhing Efforts - Continued Referrals were made to the City Planning Department. The letter stated by the time the Fire District received the~e county referrals, there was insufficient time in which to make proper judgmehts. VII. COMMUNICATIONS A. Written The following written communications were introduced t0 the record: 1. Tract 5150 Common Area a. A letter from James and Margaret Dunn dated March 16 which issued com- plaints that George Day ConStruction Company had not complied with the Staff Report dated June 11,~1973 regarding Tract 5150 common area. b. A petition containing 13 siSnatures from the homeowners of Tract 5150 which requested that the conditions specified in the Staff Report dated June 11, 1973 be compiied with by George Day Construction Company. c. A letter from Commissioner Belanger to James and Margaret Dunn dated March 16, 1974 which addressed the complaints .referenced above. Commissioner Belanger stated that Mr. Beyer indicated he would be willing to meet with the homeowners of Tract 5150 and the construction company re- garding this matter. Chairman Marshall directed the Secretary to notify the individual homeowners of th~ City's willingness to participate in dis- cussions regarding Tract 5150's common green area, and he further requested that a member of the Design ReviZew Committee be present at these discussions. 2. A letter from Mrs. Jo Kurtz dated March 19, 1974 which protested the City of Saratoga's appeal on the Stanley R. Lee decision. 3. A letter from Robert Anderson, Archeological Society of Santa Clara County, which protested the approval of ~DR-1097 on the basis that this site indicated a possible presence ofzan archeological resource. Chairman Marshall directed the Secretary to refer this matter to Stoneson Develop- ment Corporation for their consideration. 4. A letter from Mr. William Felice~ attorney at law, dated March 14, 1974 regarding the amended Paragraph A-13 - Internal Fencing Restrictions, with respect to the George Day Constrdction Company's Tracts 5327 and 5408. 5. A letter from the County of Sant~ Clara Planning Department which invited the Commissioners to attend a Seismic Element Workshop on Tuesday, April 16. 6. A memorandum from the Acting Plahning Director dated March 21, 1974 regard- ing proposed Planning Departmentifees. It was directed that this' matter be discussed at a later time. Commissioner Belanger requested that more infor- mation be provided as to how these fees were determined before the next discussions on this matter. B. Oral 1. The Secretary' stated Mr. Perruccl, 15175 Via Colina, had requested the Planning Commission advise him of what ~r~courSe he could take in regards to the tennis court lights which .had been installed on his property. Chairman Marshall stated that Mr. Perrucci had been aware at the time of installation that lighting of th~s nature was not allowed in a residential zone,'and therefore he was in violation of the Zoning Code. He directed Mr. Rowe to inform Mr. Perrucci that the Planning Commission endorsed the Code Enforcement Officer's recommendation that these lights be removed. -6- Minutes of March 27~ B. Oral Communications - Continued 2o Chairman Marshall requested that the Staff prepare a work program outlining ~n" ' , a t~c~pated studies to be undertaken in the next fiscal year and submit'- ~it to the Commissioners at the next Committee-of-.the'Whole meeting ........ 3. Chairman Marshall encouraged th~ Commissioners to attend the City Council public hearings of the General Plan on April 2 and April 9, 1974. 4. It was noted that Councilman Kraus represented the City Council at this meeting. Chairman Marshall als6 expressed appreciation to Mrs. Tyler of the Good Government Group for serving coffee. VII. ADJOURNMENT Commissioner Matteoni moved, seconded by 'Commissioner Woodward, that the Planning Commission meeting of March 27, 1974 be!adjourned. The motion was carried The meeting was adjourned at 11:08 p.m. Charles vR. ~o~e'~ Adting Planning Director