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HomeMy WebLinkAbout05-11-1977 Planning Commission Minutes CITY OF SARATOGA PL~N~ING CO~IISSION MINUTES DATE: Wednesday, May 11, 1977 - 7:30 p.m. PLACE: City Council Chambers --=-13777 Fruitvale Avenue, Saratoga, California T~E: Regular Meeting I. ROUTIN~ ORGANIZATION A. ROLL C~LL Present: Commissioners Belanger, Callon, Laden, ~-hrshall, Williams and Zambetti Absent: Commissioner Lustig B. MINUTES Commissioner Marshall moved, seconded by Commissioner Laden, that the reading of the Commission meeting minutes of April 13, 1977 be waived, and that they be approved as distributed to the Commission subject to the following correction: page 3, Item UP-331, add "for dogs" after word "school" on line 3. The motion ~ms carried unanimously. The minutes of the Commission meeting of April 27, 1977 were not prepared. II. CONSENT CALEN]i~R -fA. Composition of Consent Calendar ~ Chairman'~._langer requested that'item #A-576, Los Gatos'Associates, be taken off the ---C~nse~-nl~Zal~ndar f~--discus~i~m ...... B. Items of Consent Calendar !1. Final Building Site Approval "' a. SDR-1151 David Dozier, .QUito;Road,' FiHal BUilaing Site Approval -'1 Lot Commissioner ~'hrshall moved, seconded by Commissioner Zambetti, that the Plan- ning Commission grant final building site approval to application SDR-1151. The motion was carried unanimously. 2. Final Design ReviewApproval a. A-576 - Los Gatos Associates, Carnelian Glen, Final Design ReviewApproval - 1 Lot; Continued from April 27, 1977 Note was made that a Staff Report had been prepared recommending approval of the residence and a redwood board and batt fence. Chairman Belanger pointed out that Condition #D of the Staff Report relative to this Dividend Industries tract specified that a decorative wall should be provided along Saratoga-Los Gatos Road. She noted that the proposed fence for this lot was of an ordinary redwood board and batt design, and she expressed concern over the apparent contradiction of style beB~een the 35-foot Dividend Industries decorative fence and this proposed adjoining redwood fence. Clift Axt, applicant's representative, pointed out that he had originally sub- mitted a plan showing a decorative fence along the Saratoga-Los Gatos Road frontage. However, he explained that Dividend Industries' original proposal reflected a board and batt fence along with the decorative 35-foot Cor-Tin steel fence. He stated that he would be happy to use the originally proposed decorative fence along the Saratoga-Los Gatos Road frontage to provide for fencing continuity. PLAN,~ING CO~IISSION MIN.~..S. OF MAY 11, 1977 II. CONSENT CALeNdAR - A-576 - Los Gatos Associates - Cont'd Chairman Belanger moved, seconded by Commissioner Marshall, that the Plapming Commission grant final design review approval to application A-576 per the original plan submitted reflecting a decorative fence along the Saratoga-Los Gatos Road Side of this property in lieu of the proposed redwood board and batt fence, and per the Staff Report dated April 21, 1977 as amended to reflect this modification. The motion was-carried unanimously. III. FI~-NAL BUILDING SITE APPROVALS A. SDR-1275 - R. Eppstein, Saratoga Hills Road, Final Building Site Approval - 2 Lots Note was made that this was a request for reconsideration of tentative map Condition II-C of the adopted Staff Report dated November 11, 1976 on SDR-1275 requiring an 18- foot wide paved section from Saratoga Hills Road to the required turnaround on Parcel "B". Staff explained that specifically the applicant was seeking modification of this condition to allow the paved section to narrow to 14-feet at the point where Parcel '~" accesses. Staff pointed out that:'this-alternative required the construction of an ': access road turnaround adjacent to the point were the driveway to Parcel '~" was to ? connect to ih~ access roadS' it was not~d'~"'St~tf reco~ffd~d approval of this: 'modifi~fiB'H'~ its Memorandum dated ~y S, 1977. Additionally, it was noted that reconsideration~ by the Planning Commission was now sought due tb the fact that the ./applicant had not understood the meaning of the tentative map conditions, and therefore ~ had not filed an appeal within the appropriate time constraints. ;Commissioner Marshall moved, seconded by Commissioner Zambetti, that: the Planning , Commission grant final building:site apbroval to SDR-1275 in acc0rda~d~'~th the amen& merits outlined in the Staff Memorandum dated May 5, 1977. The motion was carried unanimous ly. IV. TENTATIVE SUBDIVISIONS A. SD-1302 - Clayton Thomas, Allendale Avenue/Chester Avenue, Tentative Subdivision -Approval - S Lots; Continued fromApril 27, 1977 Per the recommendation made that this matter be continued pending further study of lot sizes, Chairman Belanger directed that application SD-1302 be continued to the Plan- ning Commission meeting of ~y 25, 1977. ..~. V. PUBLIC HEARINGS A. UP-333 - Campbell Union School District, 3225 Union Avenue, San Jose, Request for Use Permit to Allow the Temporary Use of a Portion of the Campbell Union School District's 32-Acre Site Located at the Intersection of Prospect Road and La~Tence Expressway (Prospect High School) for a Carnival from October 14th to October 16~b, 19~7'.(Ordinance A-4, A~Yi[i~ 1, Section 4.~)]'E~iEued from .April 27, 1977 Chairman Belanger reopened the public hearing on Iip_333 at 7:47 p.m. In response to a question raised relative to closing burs on Sunday night, Mr. Gillespie. (Assistant Superintendent of CUSD) and Mr. Romer (Principal of Prospect High School) ex]~lained that 11:00 p.m. was the time at which all past carnivals had been closed on Sunday evening. They noted that the-!disassembly time was approximately one-half hour, and they pointed out that there were no residences located ~earbywho might be affected by the lateness of this activity. As there were no further comments made, Commissioner Zambetti moved, seconded by Commissioner B~rshall, that the public hearing on UP-333 be closed. The motion was carried unanimously, and the public hearing was closed at 7:51 p.m. Commissioner Zambetti moved, seconded by Commissioner Callon, that the Planning Commis- sion grant approval to applicationUP-S33 Der Exhibit '~" and the Staff Report dated May 6, 1977. The motion was carried unanimously. PIL~N.,NING COi~'IISSION MINI~ OF ~[~,Y 11, 1977 --- V. ~B. UP-335 - Saratoga Federated Church, 20390 Park Place, Request for Use Pemit to Provide for a.22-Space Parkin~ Lot_Senrin~ the Saratoga Federated Church Located at Southwest Corner of Saratoga Avenue and Park Place (Ord. ~S-3, Section'5.3(e))' -.Staff requested that this matter be continued pending further review. Chairman Belanger opened the public hearing on UP-335 at 7:52 p.m. As there were no comments, Chairman Belanger closed the public hearing on UP-335 at 7:53 p.m., and c6ntinued same to the Planning Commission meeting of ~y 25, 1977. C. UP-336 Bruce and Barbara Bennett, 3235 Kifer Road, Santa Clara, Request for Use Per- mit to Allow for Construction of 12-Foot High Tennis Court Fence within Re- quired Rearyard Setback Located at Parcel #1 on Horseshoe Court (Ordinance NS-3, Section 3.7-1) Chairman Belanger opened the public hearing on UP-336 at 7:53 p.m. Note was made that a Staff Report had been prepared recommending approval of a 10-foot high tennis court fence in lieu of the requested 12~foot high fence because of the visual impacts a 12' high fence could cause on neighboring residents. It was pointed out that the appli~ cants had been made aware of this recommendation. The public hearing On~L~-336 was held in abeyance until 8:30 p.m. to allow the appli- cants additional time to arrive and offer testimony on this matter. At 8:34 p.m. the public hearing was reconvened; but as no comments were offered, Commissioner Marshal] moved, seconded by Commissioner Laden, that the public hearing on UP-336 be closed. The motion ~ms carried unanimously, and the public hearing was closed at 8:35 p.m. Commissioner Laden expressed concern relative to the increase of requests for tennis courts. She pointed out that the courts ~ere being placed as far away from the re- questing residences and as close to the adjacent residents' homes as possible, and she requested that Staff be directed to provide guidance on more stringent tennis court regulations. Commissioner Marshall reminded the Commission that the Subdivision Com- mittee reviewed this issue, and he pointed out that a recommendation had been made t5 limit the amount of impervious coverage allured in various zoning districts. Commis- sioner Callon stated that she felt the City would have difficulty in limiting imper- vious coverage on lots, and she suggested that consideration be given to requiring stricter setbacks between tennis courts and adjacent neighboring structures; i.e., similar to existing corral setbacks. After additional discussion, Staff was directed to provide tennis court regulation alternatives for review at a future Commission Con~nittee-of-the-~ole meeting. -'CommissiOner Callon moved, seconded by Commissioner ~rshall, that the Planning Commis- sion grant approval to application UP-336 for a 10-foot high tennis court fence per Exhibit "A" and the Staff Report dated ~y 6, 1977. The motion-was carried unanimously. VI. DESIGN REVIEW A. A-572 - M.C. Johnson, Taos Drive, Final Design ReviewApproval - 1 Lot; Continued from April 27, 1977 The Commission was reminded that an application for a use permit to allow a tennis court fence on this site had been denied by the Commission at its last meeting. It was pointed out that the applicants in this use permit matter had elected to not appeal the Commission's decision. The Commission was also reminded that this matter had been continued pending receipt of a site development plan which called for house siting, fencing, landscaping, and the ~location'of all appurtenant structures. Although it was noted that said site development plan had not as yet been submitted, a revised Staff Report had been prepared recommending approval of the house siting and requiring that a site development plan be submitted to and approved by the Planning Department reflecting landscaping, fencing and appurtenant structures. Concern, was expressed b~ several of_th~_~Commissioners that ~a future application would Fe ~made for a tennis court in the. same location as was d~nied under UP-334 if a site development planwas not approved by the Commission at this time showing all appurten~nt structure locations. As a result of this concern, Commissioner Marshall suggested that Condition #2 of the Staff Report be modified to require a site development plan to be approved by the Planning Commission instead of the Planning Department. °3- PLANNING CC~IISSION MINIFFES OF M~Y 11, 1977 VI. A. A-572 M.C. Johnson- Cont'd Additionally, Comnissioner Laden suggested that Condition #1 be amended to clarify the subdivision's 15% fencing requirement as follows: ".~ny future fencing to be approved by the Planning Department. Fencing on the lot may not exceed 1S% of the total lot area." At this time Commissioner Zambetti moved, seconded by Commissioner Laden, that the Planning Commission grant final design review approval to applicati. on A-572 per Exhibit "A" and the Staff Report dated April 21, 1977, as amended. The motion ~:as carried unanimously. B. A-573 - Kosich Construction Company, Camino Barco, Final Design Review Approval - Single-Family Residence, Landscaping and Fencing Staff requested that this matter be continued pending receipt of additional material. Chairman Belanger directed that application A-573 be continued to the Planning Commis- sion meeting of May 25, 1977. C. A-574 - S. Aparicio Construction Company, Chiquita Way, Final Design Review Approval - ·1 Lot Relative to Condition #1 of the Staff Report prepared on this matter concerning the fencing of the oak trees near the house site, Commissioner Marshall recommended that the phrase "and kept at a natural grade" be added to the end of this condition. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Com- mission grant final design review approval to application A-574 per Exhibit "A" and the Staff Report dated May .S, 1977, as 'iide'F. The motion was carried unanimously. VI I. MI SCELK~dN]~OUS A. Request by George Day Construction Company for Issuance of Building Permit for Lot~ #11 of Tract #5007 (Located within Bohlman Road Slide Study At'Ca); Continued" from April 27, 1977 It was pointed out that this matter had been continued for several meetings in order to allow the applicant an opportunity to investigate with the County Geologist the possibility of deleting this site from the Bohlman Road Slide Study Area in the hopes of obtaining final building site approval from the City as soon as possible. Staff pointed out that although the applicant had not contacted the City x,ith results, the County Geologist and City Geologist were both holding finn to their recommendation that this site be included within this Study area. It was further pointed out that the Study itself ~muld be made available ..x:[ay 31st, and a recommendation was made that thi~ matter be denied without prejudice which would give the applicant an opportunity to request additional consideration after said Report became available. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the requesti'for issuance of a building permit on Lot #11 of Tract #S007, located within the Bohlman Road Slide Study Area, be denied without prejudice per the findings outlined in the Staff Report dated .x-hay 4, 1977. The motion was carried unanimously. B. SDR-1290 - Lauren Hulse, Mr. Eden Road, 2 Lots - Reconsideration of LDC Conditions Regarding Fire Protection and Improvement of Mr. Eden Road; Continued from April 27, 1977 The applicant requested that Condition II-B of the approved Staff Report dated February 17, 1977 requiring 20-feet of imprmrement on Mt. Eden Road to provide for a 30-foot half-street be deleted. He pointed out that this section would end at a creek and he argued that this would be a safety hazard. Additionally, Mr. Hulse noted that it was his understanding that the City would not be improving Pierce Road from Surrey Lane on up, and he pointed out that Mr. Eden Road was fed only by Pierce Road. He noted that Mt. Eden Road was less travelled than Pierce Road, and he contended that improving Mt. Eden Road to the requested extent would not be in keeping with the rural character of this area. He stated, however, that he would be ~illing to share in the improvement costs of this Road if it was, improved the full length in the future by all area property miners. -4- · PL~N~ING CO~'~IISSION MINUT~OF ~i~Y 11, 1977 VII. B. SDR-1290 - Lauren Hulse - Cont'd Mr. Trinidad of the Public Works Department pointed out that there was considerable development of this area foreseen by the City, and he explained that it was a normal City policy to require spot Y6id' ~mprovements as lands developed. With regard to the point raised relative to safety, he pointed out that a barricade would have to be erected along the creek frontage for safety purposes. Additionally, Mr. ~Fi]Yi~tad explained that the improvement would appear to be a shoulder, instead of an extra- widened lane, pointing out that an approximate 8-foot shoulder was fairly standard. The possibility of requiring the applicant to enter into a deferred improvement agree- ment for these improvements was discussed. However, Mr. Hulse voiced objection to this request. The point was made that until an adequate water: supply for the entire area was provided, development of the Mt. Eden Road area wo~f~ be slo~.'; ~d~h~efore, any road improvements subject to deferral might not be brought about for some time. Relative to the question of water, it was noted that the applicant was also requesting deletion of Conditions III-E and III-F requiring an adequate water protection system. Chairman Belanger noted that most of the-'~lications which had come before the City for this area had been requesting to be excused from the gallons-per-minute requirement or requesting to be allowed to install a water tank. She stated: "All of this points out the need for a concerted effort on the part of the people who are developing this area to see that they bring in an adequate water plan to serv-e the entire area." Consequently, she urged the Commission to not approve the applicant's request for re- consideration of these conditions. Chairman Belanger moved, seconded by Commissioner Marshall, that the request for appeal of Conditions II-B, III-E and III-F of the Staff Report dated February 17, 1977 rela- tive to application SDR-1290 be denied. The motion was carried unanimously. VII I. CO~-~fONI CAT IONS A. I~RITTkN - None B. OK~L 1. C..ity Council Report - Commissioner Callon gave an oral report of the City Council meeting held on ~;~y 5, 1977. A copy of the minutes of this meeting is on file at the City Administration office. 2. Other a. Bob Norton, 19753 Minocqua Court, complained that inordinante amounts of dirt and gravel had been dumped on the adjacent lot (application A-572). The Secretary ex~plained that in response to a similar complaint issued by - Mr. Norton earlier in the week, the Building Inspector had made an on-site investigation, and had determined that the amount of fill was not excessive. 'Staff was reques. ted to keep a watch on this lot for delivery of additional material. b. Commissioner Callon gave a brief oral report of the PPC meeting of April 28, 1977. A copy of the minutes of this meeting is on file at the County PPC office c. Chairman Belanger welcomed Councilman Krause to the meeting_, and expressed appreciation to Mrs. ~ and Mr. Appleyard of the Good Government Group for sen~ing coffee. I X. ADJ OUP~'~NY Commissioner ~arshaII moved, seconded by Con~nissioner Zambetti, that the Pianning Commission meeting of ~-~y 11, 1977 be adjourned. ~he motion was carried unanimously, and the meeting was adjourned at 9:00 p.m. ', ~ sko/ -5-