Loading...
HomeMy WebLinkAbout08-24-1977 Planning Commission Minutes OF SARATOGA PLANNING COB~ilSS]~. MINUTES DATE: .-"~e'dn~day, August 24, 1977, %r.~0' pm PLACE: City CoUncil Chambers - 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTIN~ ORGANIZATION A. ROLL CALL Present: Comissioners Belanger,.CalloD, Laden, ~rshall, and -' %Williams. Commissioner Lustig arrived at 7:55 pm Absent: Commissioner Zambetti B. MINUTES Before any further business was conducted, Chairman Belanger stated that she would have to leave at 10:00 pm and suggested that a chair- man pro tem be elected should the meeting run past 10:00 pm. Commis- sioner Laden moved that Commissioner Marshall act as chairman pro tem, the motion was seconded by Commissioner Callon. The motion was carried unanimously. Commissioner ~'~rshall pointed out a correction to the July 27, 1977 minutes. Section VI, Communications, the minutes should have read Acting Chairman Zambetti instead of Acting Commissioner. Commissioner ~rshall moved, seconded by Commissioner Callon that the reading of the Planning Commission meeting minutes of July 27, 1977 be waived and that they be approved as amended. The motion was .Carried unanimously. Commissioner ~rshall moved, seconded by Commissioner Laden that the reading of Planning Commission meeting minutes of August 10, 1977 be waived and approved as distributed. The motion carried with Commis~ sioner Callon abstaining since she was not present st the August 10 meeting. II. CONSENT CALENDAR A. Items of Consent Calendar Commissioner Laden moved, seconded by Commissioner ~Mrshall that the following applications on the consent calendar be approved by the Planning Commission: 1. Final Building Site Approvals a. SDR-1307 - Saratoga Federated Church, 20390 Park Place, Final Bu.ilding Site Approval - 1 lot b. SDR-1309 - Hobbs Construction Company, Quito Road, Final Building Site Approval - 1 lot 2. Final Design Review .Approvals a. A-573 - Kosich Construction Co., Tract 5954, Lot #4, Camino Barco, Residence, Landscaping and Fencing The motion was carried unanimously. III. TENTATI~]~ SUBDIVISIONS A. SD-1316 - Hagan Construction Company, Regan Lane, Tentative Subdivi- sion Approval - 17 lots; continued from'AUgust 10; 1977 The staff presented a revised report dated August 15, 1977, which recommended approval subject to various conditions as enumerated in the report. Discussion took place relative to potential grading requirements in conjunction with site drainage. The staff called attention to specific conditions in the report designed to minimize grading, and clarified the procedure for review and approval of sub- division grading plans. Mr. Loewke explained that the Planning Depart- ment would prevent excessive lot fills by requiring the use of rear drainage systems where appropriate. It was further explained that the street pattern had been designed so as to minimize lot grading. Questions were raised as to the mechanism for insuring proper main- tenance of the required landscaping strip along Saratoga-SumD_y~_ale Road. Mr. Loewke explained that a standard Landscape ~hinten~mce Agree-? ment would be required, and that through the subdivision CC&R's, the homemmers would ultimately assume this responsibility. Commissioner ~.~rshall then moved, seconded by Commissioner Laden, that the Staff Report of August 15, 1977 and the tentative map for SD-1316, Exhibit A-3, filed Aug_u._._s_t__8,__!97_7, be approved subject to the conditions of the Staff Report, 'modified by the Planning Commission as follows: Item IX,C,2 Amended to read "2-story houses will not be allowed on lots 4, S, and 6". Item IX,D - Amended to read "CC&R's reflecting the provisions for landscaping in perpetuity shall be presented to the Planning Commission for their approval". IV. PUBLIC HEARINGS A. V-471 - Richard and ~rgaret Siegfried, 13388 Surrey Lane, Request for a Variance to allow a 12' Platform Tennis Court Fence in the Required Sideyard; Continued from August 10, 1977' Chairman Belanger reminded .the Commission that the public hearing was closed on this matter at the August 10, 1977 meeting. Presentation of this item was for a vote, inasmuch as the last vote resulted in a tie. Commissioner Lustig recommended that this item be continued because the Board still was not at full strength to decide the matter. Commissioner Williems recon~nended that it be resolved at this time to be fair to the homeowner. Con~nissioner Marshall stated that it ~s improper not to vote because the public hearing had been closed. - 2- The motion was made by Commissioner Laden, seconded by Commissioner Callon, to approve V-471, with the findings made at the meeting of August 10, 1977 as required by the ordinance, and adding the conditions that no lighting and no opaque screening be permitted. The motion was carried, with Conmissioners Lustig and ~rshall votir~ no. _CommissioneL ~'~rshall stated that he was voting against the location of the tennis court, 'but that he agreed ~ith the decision of the CommisSiOn since it reflects the majority view. B. UP-349 - Philip and Evelyn Shiota, 14270 Old Wood, Request for a Use Permit to allow for the construction of a 12' High Tennis Court Fence- The public hearing ~s opened at 8:18 p.m. No one appeared to speak on this use permit. It was moved by Commissioner ~rshall, seconded by Commissioner Lustig, that the public hearing be closed. The motion was carried unanimously. Commissioner Marshall moved, seconded by Commissioner Lustig, that the Staff Report dated August 16, 1977 in the matter of UP-349 be adopted, and a use permit be granted, given the condition that a 10' fence be allowed instead of a 12' fence. The. motion was carried with Commissioner Williams voting no. C. V-472 - Thorns and Susan Walker, Pike and Pierce Roads, Request for a Variance to allow a 6.'. reduction. in 'Rearyard 'EXteriOr Setback The staff report recommended approval because of the shape, size and slope of this lot. The public hearing was opened at 8:22 p.m. ~. Mike Sobelman, of 13810 Pierce Road, indicated his disapproval of the Walker home being too close to his abutting property line. Com- missioner Belanger reminded M~.. Sobelman that this hearing~ms regard- ing a setback variance for proposed decking, rather than the actual placement of the house. The house itself will have setbacks as allowed by ordinance. The motion was made and seconded to close the public hearing. The motion carried unanimously. Commissioner Callon moved, secoD~ed by Commissioner Laden, to approve V-472, with the findings described in the staff report dated August 18, 1977, with a singular condition that the deck posts be screened as re- quired by the Planning Department. The motion was carried unanimously. D. V-473 - Robert and Kathleen Pace, 12900 Arroyo de Arguello, Request for a Variance to Allow a 10' and 12' FenCe in the Sideyard The staff submitted a report recommending denial of the variance. The secretary read a letter from Mr. Chiu H. Ting, of 12932 Arroyo de Arguello, stating that the variance would be an infringement of her privileges and a negative impact on the resale value of her home. Chairman Belanger opened the public hearing on V-473 at 8:40 p.m. The applicant presented a letter, which Commissioner Belanger read, stating that the Tings had witMrawn the formal complaint against Mr. Pace's 10' paddle ball court fence. However, the City still has the - 3 obligation of enforcing the zoning violation. Mr. Pace stated that he had had approval from the Santa Clara Valley Water District to build the all purpose court and fence he now has. Chairman Belanger pointed out that what ~'[r. Pace had received was a permit from the Flood Control to put something on a flood control easement, but that the fence also re- quired City approval. Mr. Pace stated that the fence as located causes the playing room to be short of that required for both paddle tennis and volley ball. He con- tinued that moving the court would lessen the playing room even more. However, he was willing to plant shrubbery within the one foot area. The applicant felt that he should receive similar consideration as his neighbor did for her m~Timming pool variance of 10'. The Conmission explained to him that it was highly unusual for anything to be built within one foot of a property line in Saratoga. It was moved and seconded that-the public hearing be closed. The motion was carried unanimously. Commissioner Lustig pointed out that the court was built without a permit and questioned whether a variance would have been approved at the time of construction. Commissioner Laden ascertained that the fence was used to keep balls inside rather than as part of th game. Commissioner ~'~rshall pointed out that although the lot was an acre, it was not a totally usable acre lot. He favored moving the fence in sufficiently for planting rather than parlaying the planting area off on the neighbors. The possibility of submission of a reapplication for an adjusted variance was discussed. Commissioner Marshall moved, seconded by Commissioner Lustig, that the Staff Report be adopted and the variance application be denied. The motion was passed unanimously. The applicant was reminded that the decision could be appealed to the Council within 10 .days or reapplication for an adjusted variance could be submitted. E. UP-iS - Saratoga Country Club, 21990 Prospect Road, Amendment to Use Permit to Allow Tennis Court Lighting. Commissioner Laden stepped down and abstained from discussion of this since she is an active member of the Saratoga Country Club. The staff report reconunended approval of the amendment to the use permit, with the following conditions: 1) The lights are to be placed on an automatic timer which will shut them off by 10:00 p.m. 2) After the lights are in place, they are to be inspected and approved by the Planning Department for glare impact. The public hearing was opened at 9:22 p.m. Mr. Paul Diaz, Golf Course Superintendent for the Saratoga Country Club, 21990 West Prospect Road, answered questions regarding the hours of the operation of the lights. Mr. Del Schrader of Los Gatos Electric anmvered questions regarding illumination and electrical power of the lights. The motion ~s made and seconded to close the public hearing. The motion was carried unanimously. Commissioner ~r~hall moved, seconded by Commissioner Callon, to grant use permit 15A as conditioned by the Staff Report of August 18, 1977. The motion ~ms carried unanimously. V. DESIGN REVIEW A. A-583 - Duane and Karen Richards, Palomino Way, Final Design Review Approval - 1 Lot, Continued from AUgust'10, '1977 Commissioner Lustig gave a brief outline of the details concerning this matter, indicating that the Design Review Committee had made an on-site inspection of the property. He then made a motion for approval of the amended Staff. Report of August 19, 1977, File #A-583 including Exhibits "A" and "A-3"~. seconded by Commissioner Laden. The motion ~s carried unanimously. Commissioner Lustig also stated for the record, that the Richards had shown an exceptional amount of reception for comments and ideas, and thanked them for the cooperation they extended the commissioners during this very difficult development. Chairman Belanger also thanked the Design Review Committee for their hard work in this matter. VI. MISCELLANEOUS A. A-495 - Frank Schillace (Joseph Yonan), Upper Hill Drive, Final Design Review Approval - 1 Lot (Request Modifications to Previously Approved Plans); Continued from August 10, 1977 The Secretary indicated that no ~ritten correspondence had been received regarding this item. The Staff reported that several meetings had been held with the applicant in an attempt to resolve some of the problems associated with the proposed plans. It was indicated that suggestions had been given to the applicant and his engineer, relative to modifica- tions to mitigate the impacts associated with his present plans, but that revised plans had not yet been submitted. Mr. Yonan told the Commission that, based on the staff's suggestions, his engineer had prepared revised plans; however, the revised plans were not acceptable to him and his family so he therefore did not submit them. Commissioner asked if the applicant has any plans drawn which utilize the common right-of-way to the northeast of the property. Commissioner Marshall pointed out that a group of Commissioners were asked to view the site and the consensus of that group would be to utilize the existing common access route, rather than performing extensive grading to create a new, separate drive~:ay. Mr. Yonan responded with an indication of his preference to create a separate driveway. Commissioner Laden asked if the engineer 's revised plans showed how the house could use the common driveway. Commissioner Lustig stated that if any other driveway was cut into that hill, the hill would be lost. He further stated that the house that was previously designed for Upper Hill Drive not only addressed itself to the environment, but also minimized the amount of cut and fill required and made use of the common driveway. Further comment was made by Commissioner Laden, with a suggestion that the applicant make a formal presentation of the exact plans that he wishes the Commission to review. The Commission then voted unanimously to have this item continued to - S- the September 14, 1977 meeting. Mr. Yonan ~as asked to submit revised plans to the Comission before September 5, 1977. The staff was directed to prepare a report based on the plans for which the applicant sought approval. At this point the meeting ~s turned over to Chairman Pro Tern Marshall by Chairman Belanger, who then left tM meeting. B. SDR-1310 - Luc Serriere, Tentative Building Site Approval for 2 Lots; Appeal of Conditions Regarding Street ImproVementS Commissioner Williams stepped down and abstained from discussion of this issue. Mr. Loewke indicated that in his letter, the applicant had requested reconsideration of conditions imposed by the Land Development Committee with respect --to:: 1) Dedicating Leonard Road as a public street; 2) the nature and specific design of the required public street improvements; and 3) the requirement to make these improvements at the present time, as opposed to deferring them. Mr. Loewke further reported that the first item was not appealable, as the appeal had not been filed within the time constraints of the Sub- division Ordinance. It was explained that the second and third items had been decided at a more recent meeting of the Land Development Committee, and were therefore subject to reconsideration by the Commission. A~ter much discussion regarding each of the applicant's concerns, the Commission decided that it could not alter the requirement for public street dedications and improvement, and further that this condition was appropriate. It was also decided that the specific improvement plan adopted by the Land Development Committee represented the best possible public street alignment. Commissioner Lustig moved, seconded by Commissioner Laden, that the Con~nission support the Land Development Committee's approval of the improvement plans and deny portion "B" of the appeal. The motion was carried unanimously. Discussion continued regarding the number of homes served by this portion of Leonard Road. Concern was expressed for the need to have public street improvements now, since a total of six (6) homes would be utiliz- ing this section of roadway. It was explained that as a lot split which would create a sixth lot, this application was subject to Subdivision Ordinance requirements. Commissioner Lustig then motioned that the Commission not approve any deferral of the improvement of Leonard Road. It ~s seconded by Commissioner Laden. The motion was carried with Commissioner Callon voting against the motion, stating that she preferred to see that the actual improvement of Leonard Road be deferred. -6- C. PM-77.3 - Robert Mock and Peter West, 19600 and 19634 Saratoga- Los GatoS RoadS. Bo.un.d.ar7 Line-Ad~us~men~ ...... The staff explained that this item involved an equal exchange of property between two resident property owners. The staff submitted a report recommending approval of the proposed property line adjust- ment, on the basis that each lot would remain fully in compliance with zoning requirements. Commissioner Callon moved, seconded by Commissioner Laden, to adopt the Staff Report regarding PM-77~3. The motion was carried unanimously. D. A-572 - Klein, Taos Drive,. Final Landscaping Approval The secretary brought up an item which had not been placed on the agenda. This item regarding landscaping approval for the Klein property on Taos Drive. The item was suggested for consideration at this time because the house is ready for occupancy. Final Design Review approval has been granted on this house, and the landscape improvements were submitted in compliance to A-572 conditions. Commissioner Callon moved, seconded by Commissioner Lustig, to grant Design Review approval for landscape plans marked Exhibit "B" of A-572. The motion was carried unanimously. VI I. CC~JNICAT IONS A. WRITTEN The secretary submitted a letter regarding Tract #5693 from Mr. Stephen W. Fields, of 21027 Comer Drive, Saratoga, California. The letter was addressed to the Saratoga City Council. In his letter Mr. Fields asked for a variance which would grant him the right to build a swimming pool and tennis court on property designated as scenic easement area. Com- missioner Callon indicated that this item is a City Council decision. The secretary, has told the City Council that if Mr. Fields was granted a variance it would bring up difficulties for the Harming Commission in decisions concerning other variances that might be applied for in similar cases. ORAL 1. City Council Report Con~nissioner Callon reported that the Council denied the appeal and supported the Planning Commission decision regarding Security Pacific Bank signs. She also stated that a letter from Mr. Frank Horvath to the City Council was discussed, regarding an appeal of a Planning Commission decision on Mt. Eden Road that had been made on February 1, 1977. This item was taken under advisement. 2. Other Mr. Marshall expressed his thanks for coffee to Mrs. Eunice Stark of the Good Government Group. - 7 VII I. ADJOUI~MENrF Conmissioner Lustig moved, seconded by Commissioner Laden, to adjourn the meeting. The motion was carried unanimously, and the meeting adjourned at ll:iS p.m. b~v'D:cd