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HomeMy WebLinkAbout07-13-1977 Planning Commission Minutes CITY OF SARATOGA PLAN~qlNG CO~IISSION MINUTES DATE: Wednesday, July 13, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present:Commissioners Belanger, Callon, Lustig, ~rshall, Williams and Zambetti Absent: Commissioner Laden B. MINIFFES Commissioner N[~rshall moved, seconded by Commissioner Zambetti, that the reading of the Planning Commission meeting minutes of June 22, 1977, be waived, and that they be approved as distributed to the Commission. The motion was carried; Commissioner Lustig abstained. Commissioner ~'[~rshall moved, seconded by Conmissioner Zambetti, that the reading of the Planning Commission adjourned regular meeting minutes of June 28, 1977, be waived, and that they be approved as distributed to the Commission. The motion was carried unanimously. II. CONSENT CALENDAR A. Composition of Consent Calendar ~. Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commission approve the composition of the July 13, 1977, Consent Calendar. The motion was carried unanimously. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission approve the following applications: 1. Final Building Site Approvals a. SDR-1272 - O. Telstad, Chiq.uita Way, Final Building Site Approval - 4 Lots b. SDR-130S - T. Coletti, Bank Mill Road, Final Building Site Approval - 1 Lot The motion was carried unanimously. III. TEN~FATIVE SUBDIVISIONS A. SD-1302 - Clayton Thomas, Allendale Avenue/Chester Avenue, Tentative Subdivision Approval - S Lots; Cont.inued from June Z.Z., 1977 Staff recommended approval of this item, ~ich had been continued on several occasions, and reported that the developer's engineer had since confirmed that the required 40,000 square feet of land area was included within these lots in its net area. In .response to Chairman Belanger's query, Staff responded- that in the event that the'actUal Siz~ for '~'~dIF'16'F~6~ no~'m~F'~h~ req~iiY~d~ square' footage as indicated on the final map, the developer would have to reapply for a tentative approval. Commissioner ~'~rshall inquired and Staff explained that a "Bordering Street Agreement", mentioned in Condition II-B of the Staff Report, --is~--standard._s_tr_eet_.agr_~emen_~o_..r_e_quired ~y_ the City_, ~hich provides for the reimbursement of a developer by the adjacent property miner at t=h~'~"hFdeV~lb'p~ his property, for one-half of the total cost for street improvements incurred by the applicant. Staff advised that the adjacent property owner has agreed to '~"1o'~ Mr. Themas to make the required street improvements. III. TENTATIVE SUBDIVISIONS A. SD-1302 - Clayton Thomas - Cont'd. Chairman Belanger expressed disappointment that structures appear on this map and emphasized that approval of said map at this time would not preclude design review at a later date. Staff advised that although the average slope is not in excess of 10%, certain topographical changes are being dealt with and, there- fore, preferred that this tentative map be a site development plan that would serv-e to notify any potential buyers of the City's requirements in terms of step- footing foundations, as ~ell as establishing ground rules for design review. In response to Chairman Belanger's further query, S~aff confirmed that this was not prior design review approval, but rather a siting of the locations of the homes and the conceptual configuration of the foundations. Commissioner ~rshall moved, seconded by Commissioner Callon, that the Planning Commission grant tentative subdivision approval to application SD-1302 per Staff Report dated July 5, 1977, ~ith the addition of a requirement to Condition VIII-A of said Staff Report which stipulates that the access for Parcel "A" shall be on Chester rather than Allendale Avenue. The motion was carried unanimously. B. SDR-1311 - Dr. Gregory Fox, Bohlman & Norton Roads, Tentative Building Site ... Approval - 1 Lot (Located within Bohlman Road Slide Study Area) Chairman Belanger observed that the Staff Report of July 7, 1977, is only a pre- liminary building site approval and because of the many problems involved, the application was not ready for final action at this time. Commissioners Zambetti and ~rshall favored approval of the Staff Report, in concept, to allow Dr. Fox the opportunity to proceed towards the fulfillment of his application for a ten- tatire map. "'~ Fox con~nented that he basically agreed with the Staff Report, but ~xpressed concern relative to sewers, the widening of the access road and the expenses involved. He further stated that there are no City regulations which address this type of development (one house on 20 acres). Dr. Fox proposed that he be permitted to have a septic tank for the one house on the site since the Sewer District has shmm no interest in extend- ing the sewer line up Bohlman Road. Additionally, he proposed that the grading of the driveway be reduced to 16' rather than the original 20' re- quested to accommodate fire vehicles. He reported that the Fire Chief had basically approved the road. b~"F~F~'fd'~h'i~' wouYd~lFiH'~"2'S%"'~dUd= tion in fill, pointed out th~'f'~h?house was d~'~f~'ed' ~n, ~d' aroSd'~II't~ existing trees and requested guidance to redesign his driveway. :. Chairman Belanger suggested that perhaps a Committee-of-the-Whole Study Session would be in order and expressed the opinion that the proposed one-fourth reduction of the driveway is not necessarily a one-fourth reduction in the mount of cut and fill. Chairman Belanger took exception to Dr. Fox's earlier con~nent respecting the lack of City regulations that would apply to his particular situation and assured him that there are sufficient City regulations ~ich would provide for the development of any parcel in the City. She further indicated the inappro- priateness of considering specific details of the application at this time. After further discussion, Chairman Belanger suggested that Dr. Fox work with the Staff and representatives of each subcommittee (Variance, Design Review and Subdivision) on the specifics and directed that consideration of this item be continued to the Planning Commission meeting of August 10, 1977. C. SD-1316 - Hagan Construction Company, Regan Lane, Tentative Subdivision Approval - 17 Lots Without objection, Commissioner Belanger directed that consideration of SD-1316 be discussed at the Committee-of-the-Whole Meeting of July 19, 1977. IV. PUBLIC HF_ARINGS A. UP-341 - Mr. and ~rs. Sheinberg, 18541 Arbolado Way, Request for Use Permit to All~v for the Construction of a 12-Foot High Platform Tennis Court Fence within the Required Rearyard Setback Located at 18541 Arbolado .l~:a)r (Ordinance NS-3, Section 3.7-1); Continued from June 22, 1977 Chairman Belanger opened the public hearing on UP-341 at 8:15 p.m. - 2 - IV. PUBLIC HEARINGS A. UP-341 - Mr. and MrS. 'Sheinberg.'- Cont'd. ~ Mr. Don Jackson, President of Pacific Platform Termis Association, described the advantages of platform tennis courts as compared with termis courts and swimming pools in the comity. Mr. Jackson pointed out that platform tennis courts require 1,800 sq. ft. of asphalt as compared to 7,200 sq. ft. of asphalt required for tennis courts; that the noise level is low; that less laDJ, cut and fill are required; and that this sport does not necessitate an increase in the use of electricity for heating and lighting. Fiberglass paddies and the sponge rubber bail used in platform termis were exhibited for the Conmission's inspection. Chairman Belanger observed that, because only 1,800 sq. ft. is required for this sport, there could well be a proliferation of platform tennis courts in the community and expressed concern about the 12 ft. fences and enclosures. Discussion continued concerning noise levels, the height of the fence and specifics of the game. As there were no further public comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the public hearing on UP-341 be closed. The motion was carried unanimously and the public hearing was closed at 8:40 p.m. Staff explained, in answer to Commissioner Lustig's query, that the court will be asphalt with an aluminum superstructure. Commissioner Marshall expressed concern that the 12 foot high fences could set an undesirable precedent. Discussion con- tinued concerning the legality of the courts and the Secretary assured the Com- mission that said courts are legal when located in buildable lot areas. Commissioner Callon moved, seconded by Chairman Belanger, that approval of UP-341 be granted per the conditions listed in the Staff Report of July 11, 1977. The motion was carried; Commissioners Lustig and ~'harshall voted no. B. UP-342 ~ Dr. & Mrs. Welly Suzuki, 20665 Verde Vista, Request for Use Permit to Allow for the Construction of an Accessory Structure within the Required Rearyard of a Residence Located at 20665 Verde Vista Lane (Ordinance NS-3, Section 3.7-1b) Staff explained that the applicants propose to construct a 9 ft. high decorative gazebo-type structure in the rear yard which is 9 feet from their rear property line. Chairman Belanger opened the public hearing at 8:50 p.m. As there were no public comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the public hearing on UP-342 be closed. The motion was carried unanimously, and the public hearing was closed at 8:53 p.m. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission grant approval to application UP-342 per the S~aff Report dated July 7, 1977. The motion was carried unanimously. C. UP-343 - Congregation Beth David, 19700 Prospect Road, Request for Use Permit to Allow for the Installation of 1~ Electroliers in the Parking Lot at Congregation Beth David at 19700 Prospect Road (Ordinance NS-3, Section 3.3a) ~ Mr. Chuck Taubman, a member of the Facility Committee of Congregation Beth David, explained tb~t because of dim lighting in front of the facility, both a safety hazard as well as a security problem exist at this location. It was originally proposed to install two 400 watt mercury vapor lights, but because of financial considerations, Mr. Taubman requested permission, on behalf of the synagogue, to exercise the option to choose high pressure sodium lights if the need arises. Additionally, he requested that the lights be allowed to remain in operation on those rare occasions when board meetings extend beyond midnight. As there were no further public comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, to close the public hearing on UP-343. The motion was carried unanimously and the public hearing was closed at 9:00 p.m. Discussion followed on the possible ramifications of a change from mercury vapor to high pressure sodium lights and Commissioner ,x~arshall stated that the intensity of both lamps is equal. -3- IV. PUBLIC HEARINGS C. UP-343 - Con~r..e.ga.tion Beth David - Cont'd. Commissioner ~[~rshall moved, seconded by Commissioner Zambetti that the Planning Commission grant approval of UP-343 and Staff Report dated July 8, 1977, with the following stipulations: 1. The lights to be shut off at 12 p.m., or no later than the close of the church activity. 2. The use permit is granted, based on the mercury vapor lamp being 400 Watts as outlined in Exhibit "A". 3. In the event that the applicant chooses to change the design, such change would be subject to review and approval by the Planning Depar~nent. The motion was carried unanimously. RECESS: 9:10 p.m. - 9:22 p.m. RECON~ENE: The meeting was reconvened at 9: 22 p .m. D. V-469 - Osterlund Enterprises, 59 N. Santa Cruz Avenue, Los Gatos, Request for Variance to Allow the Overhead Utility Lines to Remain without Underground- ing of Said Lines for Property Located on Allendale Avenue, Tract #6074 (Ordinance NS-3, Section 22.1) Chairman Belanger opened the public hearing at 9:23 p.m. O James Harper of H~q Civil Engineers, appeared on behalf of the applicant, submitted photographs of the existing overhead utility system which covers approximately 4,000 linear feet along Allendale Avenue between Fruitvale Avenue and Quito Road and explained that removal of the two poles would in- volve approximately 10% of the area. Additionally, he stated that the cost estimated by P.G.&E. and Pacific Telephone Co. to underground this 450 feet is approximately $40,000 and proposed, as an alternative, that consideration be given to the installation of a duct along the full frontage of the tract to allow for future undergrounding and that the existing overhead system be allowed to remain .... ~_=.~- = .... ..=_ Discussion occurred to the effect that costs are rarely a hardship finding under the Ordinance and that the City requires undergrounding of utilities for all new construction, aiming at a time when all overhead utility systems will be eliminated. As there were no further public con~nents, Commissioner Zambetti moved, seconded by Con~nissioner Lustig that the public hearing be tlosed. The motion was carried unanimously and the public hearing was closed at 9:33 p.m. Commissioner Lustig moved, seconded by Con~nissioner Zambetti that the Planning Cormnission deny variance application, V-469, Osterlund Enterprises as .per the Staff Report dated July 8, 1977. The motion ~s carried unanimously. E. V-470 - ~r. and Mrs. Chiu Ting, 12932 Arroyo de Arguello, Request for Variance to Allow a Ten Foot (10') Reduction in the Required Sideyard Setback to Allow for Construction of a Swimming Pool at 12932 Arroyo de Arguello (Ordinance NS-3, SectiOn 3. 2f) Staff recommended approval of this variance and explained that because of the existence of the flood control easement and the fact that the Flood Control District required a 20-foot setback prohibits the construction of a pool in the normal rear yard, the applicants requested said variance to place the .swimming pool in the side yard, subject to a 10-foot setback. Additionally, it was reported that one item of correspondence had been received from G. Sanders, a resident on Foothill Lane, expressing no objection to the development of the pool. Chairman Belanger opened the public hearing at 9:35 p.m. The Commissioners discussed the possible nuisance that could be created by the noise generated by the pool equipment and Mrs. Ting stated that since most of her neighbors owned pools, she anticipated no objections from them. Staff pointed out that pool equipment would be located as required by ordinance with only the location of. the pool requiring a variance. -4 - E. V-470 - Mr. and Mrs. Chiu Ting - Cont'd. As there were no further public comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the public hearing be closed. The motion was carried unanimously and the public hearing was closed at 9:55 p.m. Commissioner Callon moved, seconded by Commissioner Zambetti, that the Planning Commission grant approval of variance application V-470 per Staff Report dated July 7, 1977. The motion was carried unanimously. V. DESIGN REVIElV A. A-575 - Security, Pacific National Bank, Big Basin Way, Final Design Review Approval Identification Sign It was noted that said application for a free-standing directional sign and wall-mounted identification signs had been reviewed by the Planning Connission at a Committee-of-the-Whole meeting and that no changes in the plans had been made since that time. Exhibits of the display were included in the CommisSioners' packets. Commissioner Lustig expressed the opinion that the Security Pacific Bank logo is misleading as it infers that the entrance to the parking lot, which is part o£ the parking district, is for customer parking only. Therefore, Commissioner Lustig moved, seconded by Commissioner Zambetti that the design review sign application A-575 be denied per Staff Report dated July 8, 1977. Chairman Belanger inquired whether any o£ the Convnissioners chose to reiterate at this time any suggestions to the applicant for acceptable signs. Connnissioner Marshall observed that other banks in the community, such as Bank of America and Wells Fargo, did have free-standing signs which were located at the boundaries of the private portion of the banks' parking areas and ~,Tere not part of the park- ing districts. He suggested that the applicant might consider a single-letter sign. Chairman Belanger expressed a preference £or a rustic-type o£ sign, indirectly lighted from the ~fit. Commissioners Callon and Williams spoke in favor of the proposed signs, as outlined by the applicant but expressed a preference for wood rather than plastic. The Secretary cautioned against the possible overs~gnin'F~f the area since the City will erect signs for the Parking District itself and this will serve bank and "- district needs~ DisCussion continued relative to the appropriateness of various .types of signs in the comity. ~ Ray Clark addressed the Planning Commission on behalf of Security Pacific Bank, displayed a color drawing, described the predominant color of the signs as soft non-gloss slate gray with white lettering and blue trim and pointed out that the individual letters are 5" and 6" in height as compared with the 12" high individual letters of the Bank of America. Additionally, he made specific comparisons ~,~th other signs displayed in the comity, asserted that the size of the proposed signs were well ~thin the total square footage allowed by the City ordinance and requested specific refer- ence to the section of the ordinance which prohibits the use of free-stand- ing,:'.double-faced parking signs. Chairman Belanger responded that the only variance allowed by the ordinance for free-standing signs is for those identifying shopping centers. Mr. Clark argued that the proposed free-stand- ing sign is actually a directional sign which is permitted by the sign ordi- nance. 'Th?Secretary of'~h?P'l~iHg'C~i~ion pointed out that the Security logo as a commercial identification cannot be considered a directional sign. Mr. Clark stated that these Signs are legal and that the l'II~iF~'F~d"'i~d'i~' · ~'d~l letter signs suggested by the Commissioners are not, as set forth in the sign ordinance. Commissioner Marshall pointed out that the Wells Fargo free-standing sign referred to by Mr. Clark is under an amortization schedule and ~11 eventually be removed as will other existing illegal signs in the community. Mr. Clark commented that the free-standing sign should ~e allowed since Security Pacific Bank is in competition with the other banks. - 5- Chairman Belanger stated, using Mr. Clark's point of reference, that the bank's sign, then, is a competitive rather than a directional sign as implied by Mr. Clark's earlier comments. The Secretary of the Planning Commission pointed out that the signs proposed now are not as was originally depicted when Security Pacific Bank submitted their building elevations for design review. The question was called for, and the motion to deny A-57S made by Commissioner Lustig earlier in the meeting was carried; Commissioners Callon and Williams voted B. A-578 - Long's Drug Store, Argonaut Shopping Center, Final Design Review Approval - Identification Sign It was noted that the identification sign is in keeping with the standardization of the Argonaut Shopping Center and meets all criteria as previously imposed on all stores in that development. The Staff Report was corrected to read as follows: · (Second paragraph, third line) "Lettering ~11 be red script, with a white 1/2" border and dark can and will read, "Longs Drugs". Commissioner Lustig moved, seconded by Commissioner Callon that the Planning Com- mission grant final design review approval to application A-578 per Exhibit "B" and the amended Staff Report dated July 8, 1977. C. A-581 - Osterlund Enterprises, Allendale Avenue/Chester Avenue, Final Design Re- view Approval - 1S Lots (Tract #6074), Landscaping and Fencing Staff presented its ~Titten report and noted that this matter was reviewed at the previous Committee- of- the-Whole meeting. Commissioner Marshall suggested that reflectors be placed on the required barricade so that it can be seen in the dark. Commissioner Lustig moved, seconded by Com- missioner Zambetti that the Planning Commission grant approval to application A-581 per Exhi6its "A", "B-12" through "B-26", '~)" and "E" and Staff Report dated July 8, 1977, amended as follows: 3. "The required barricade will be a 2'6" fence, stained with Olympic #711 and have appropriate reflectors set at angles to the roadway per ~ublic ~:orks Department requirements." The motion was carried unanimously. D. A-583 - I~ayne Richards, Palomino Way, Final Design Review Approval - 1 Lot; Continued from Regular Adjourned Meeting of June 28, 1977 The Staff Report recommended continuance of this item to the next regular Planning Commission meeting 'on July 27, 197~. Staff explained that Mr. Richards had since brought in the amended plans which were on display for the Commission's review this evening and suggested that the Commission consider at their next meeting a conditional building site approval because of the time constraint involving the termination of the extension period for the final building site approval. It was further noted that if the design review application was acceptable at the next meeting, the Commission could grant a final (instead of a conditional final) building site approval at that time. Chairman Belanger directed that consideration of design review application A-583 be continued to the next Planning Commission meeting of July 27, 197~. VI. CO~IN I CAT IONS A. ~IlTTEN 1. Letter from N. A. Frank, Box 852, President of the ~:est Valley Taxpayers En- vironment Association and enclosed newsletter apprising the Planning Commission of renewed efforts by this organization to oppose any construction in the existing practice field of West Valley College. Chairman Belanger expressed appreciation for ~r. Frank's communication; however, disagreed with the con- tents of the enclosed newsletter which implied that the Planning Commission had changed its view and would approve the construction of the stadium and she emphasized the fact that, to date, no application for its construction has - 6- been received by the Planning Department. Additionally, Chairman Belanger stated that ~r. Frank had approached certain members of the Commission and had been advised not to request a. one-sided meeting on thi~'matter, but to be ready to present his views when the C6~le'~e h~d' ~itted ~Tn'~lSii'~io~for public jh_e. aring.. _C__..o!nmiss..ioner. Lustig stated that '~lr. Frank not encourage citizens to call this Commissioner before the application is actually made". ' .... Chairman Belanger directed the Secretary to send this portion of the Minutes, accompanied by a letter to Mr. Frank, indicating that although the Commission differed with the contents of the newsletter, it did appreciate being informed about the ~FEA's actions in this matter. 2. Letter dated June 24, 1977, to the Planning Director from Allen DeGrange, 405 Alberto Way, Suite 1A, Los Gatos, notifying the Planning Commission that the 20-unit housing project for senior citizens was submitted to HUD for Firm Commitment and that the wood siding as previously sho~q~ would be retained. Mr. DeGrange also expressed his appreciation to the Planning Commission and the staff for the continued interest and encouragement given to them on this project Chairman Belanger asked the Secretary to convey to Mr. DeGrange her personal "delight" with the outcome of this matter. B. ORAL 1. Commissioner Callon informed the Planning Commission that at the last meeting of the Plarming Policy Committee, discussion was held concerning the possible disbandment of the Committee as a result of the formation of the Intergovern- mental Council. She reported that Supenrisor Steinberg suggested that the PPC might wish to become a subcommittee of the IGC. A motion to continue the existence of the PPC for nine months was carried with only three out of twenty- five dissenting. The follm~ing were elected officers at the meeting: Ruth Cannon, Mayor of Los Gatos, John Tate of Gilroy, John Brigham of Saratoga, Robert Bro~ of Milpitas and Barbara McNally of San Jose. In response to Chairman Belanger's query about an item in the Saratoga News which reported Commissioner Callon's intent to continue with the PPC, Com- ,missloner Callon replied that she had been misquoted, but ~uld be willing .'to rotate the POSitiOn if her schedules requires it. Commissioner Willjams ex- pressed intere'St in the PPC and Chairman B~langer commented that perhaps he could be rotated in{~h~'~osition or act as an alternate. 2. Commissioner ~rshall inquired about the ten-year amortization schedule for signs which is drawing to a close and expressed concern about existing illegal signs in the Village. Staff explained that the heavy enforcement work load has caused a delay in phasing out these signs in the Village, but that many signs have been phased out in the northern area of the city, the Village being low on the ~'n~5~ment priorit)~ schedule. 3. Commissioner Zambetti requested clarification concerning Dr. Fox's application. Staff sun~narized the action as follows: a) Staff will review the application with the applicant to arrive at an alternate plan which may resolve or reduce the driveway problem and the Water District situation. b) Staff has specified a 14' driveway on the property, contrary to Dr. Fox's testimony, which should result in a reduction of ~t"and "'fiIl~fSF'{~ ............ proposed 20 ' driveway. c) A chairperson of each of the subcommittees (Variance, Design Review and Subdivisions) will review with the Staff and the applicant those outstand- ing conditions, make an on-site inspection of the property prior to the August meeting, and report their findings to the Planning Commission for a possible determination on approval of the tentative map. Additionally, S~aff explained that 'Fire Chief Kraule will be contacted about the 14' requirement and any changes in the plans will be forwarded to him for his reccmnendations. Commissioner Marshall recommended that no entrance be allowed off Bohlman Road but that the entrance off Norton be continued. 4. Cormnissioner Callon commented that in driving past the Boething Nursery on Cox Avenue, she noticed a concrete block building ~th no landscaping and inquired whether this appeared on the approved map. Staff will review the use permit on this and report back. - 7- 5. It was noted that there was no City Council Report and Chairman Belanger stated that she did not stay for the entire meeting, but that discussion on the North- west Circulation Study ended with the Council offering to appoint a citizen's cc~nmittee. The Secretary reported that a list of names was compiled and the item was continued to the next meeting at which time discussion will be had concerning the methodology to be used in providing alternatives. Additionally, the Trails and Pathways portion of that hearing was approved and is identical to the one approved by the Planning Commission. It was noted that Col. Barco spoke in opposition to the Plan. Chairman Belanger con~nented that the Council passed the Plan as a general concept with the intention of holding separate hearings on each area to serve specific portions of the Plan, and that Col. Barco was referring to the impact on individually affected land owners. 6. Chairman Belanger expressed appreciation, on behalf of the Conmlission, to Mr. Crane, Treasurer of the Good Government Group, for the coffee during recess. 7. Chairman Belanger took this opportunity to welcome aboard a new staff member, Frances Trevoledes, Secretary to the Planning Director. VII. ADJOUP~N~=~.,NT / ; CommisSioner Lustig moved, seconded by Commis~ ioner Zambetti, that the Planning Commis- sion meeting be adjourned. The motion as nn sly and th meeting was adj ourned at 10: 5 5 p.m. ~ . a ...... l{arty Van DuFn ft/ \ - 8