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HomeMy WebLinkAbout09-14-1977 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~'~ISSION MINUTES DATE: Wednesday, September 14, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Laden, ~hrshall, Willisms and Zambetti Absent: Commissioners Callon and Lustig (Commissioner Callon arrived at 9:40 p.m.). B. MINUTES The Secretary stated that the minutes of the August 24, 1977 meeting were being revised, and requested that approval of the minutes be delayed and resubmitted at the next meeting. Commissioner Belanger asked Commissioner ~rshall to review the minutes and submit a copy of his review to the Staff. II. CONSENT CALENDAR A. Composition of Consent Calendar B. Items of Consent Calendar Commissioner N~rshall moved, seconded by Commissioner Zambetti, that the Planning Commission grant approval to the following items: 1. Final Building Site Approval a. SDR-1306 - Paul Heath, Quito Road, Final Building Site Approval - 2 Lots .... b. SDR-131S - Gary Greathouse, Pike Road, Final Building Site Approval - 1 Lot c. SDR-1244 - Iacemini Construction, Ten Acres Road, Final Building SiteApproval - 2 Lots :-~ 2. Final Design Review Approval a. A-563 - James Day, Tract #5923, Lot #3 and #S, Chester Avenue, Residence Landscaping Plans III. TF~NTATIVE BUILDING SITES/SUBDIVISIONS A. SDR-1311 - Gregory Fox, Tentative Building Site Approval, Bohlman and Norton Roads - 2 Lots; Continued from August 10, 1977' The Secretary pointed out tb~t this was actually a lot split, and that the agenda should have read 2 Lots. Staff reported that the Planning and Public Works Departments had reviewed and concurred on the deficiency in the road- way bemveenNorton Road and the northerly tip of the Sisters' property, which narrows in some spots. Staff explained that the alternative of simple widen- ing would necessitate the removal of 11 or 12 oak trees. Staff pointed out that their report contains an alternate of a dedication by the Sisters of a paralleling road~,~y section as a north bound lane, to be connected near the Norton Road intersection, thereby eliminating the need for tree removal. Commissioner Belanger requested Staff to comment on the objection to this alternative driveway, expressed in a letter from Kevil R. Smith. Staff stated that part of the alternate approach ~uld be to straighten out the potentially hazardous intersection of BohlmanRoad and the Sisters' access road, thereby resolving a major portion of~. Smith's concerns. - 1 - Conmissioner Laden asked for an explanation of "availability" under Section IX,B,3a of the Staff Report. Staff explained that this meant availability of sewers at the property line, and Chairman Belanger stated that she would like the report to read as such. Chairman Belanger also stated that she felt Condition 1 and 4 in Section IX should be combined. Staff pointed out that they are recommending that this be subject to sewer hook-up, and are not recommending the use of septic tanks. Dr. Gregory Fox addressed the report and stated that he understood that if his property fell within the sewer area he would hook up. Dr. Fox stated that there was approximately 80,000 gallons of ~,~ter in three tanks that could be used for fire protection in that area. He further commented that the Sisters feel the widening of the road ~uld be detrimental to their building and would not give them a sufficient setback. Dr. Fox stated that he agreed the best approach would be to do the widening as suggested on the doomhill side. However, he added that this would necessitate dm~rnhill retaining walls, and, from an engineering standpoint, widening on the up- hill would be best. Staff explained that the Planning and Public Works Departments did make a careful inspection of this section of the roadway, and they reported that no retaining walls on the do~rnhill side would be required. It was deter- mined that the only necessary retaining walls were t~_ose along a few spots on the uphill side, and perhaps a very slight section of either retaining wall or berming adjacent to the existing roadway.' Kevil Smith, of 14795 Bohlman Road, addressed the report. Chairman Belanger stated that her letter had already been addressed and asked Staff to repeat their comments. Staff explained that, were the separated travel lane alter- native selected, a flaring and very carefully engineered connection of the two lanes in question would be required, in order to avoid the hazardous condition mentioned. ~. Smith pointed out that where the Sisters' driveway meets Bohlman Road, there is a very sharp turn, with a big tree there, and she stated that she would like the Commission to question the need for improving the road. Commissioner Marshall stated he did not like the conditions in the Staff report with respect to when Dr. Fox would put in a sewer, and would like the sewer to be connected to his home at such time as development occurred within Sanitation District #4 in proximity of the property. Commissioner Williams stated that he ~hought it was appropriate to require the applicant to provide us with a right-of-way, including the access road through the property as it stands now, between Norton Road and the cemetary. Commissioner Zambetti commented that two-thirds of Bohlman Road is going to have to be improved for one home:;- putting too big of a burden on one person. It ~s moved by Commissioner Marshall, seconded by Commissioner Zambetti, that Staff Report dated September 7, 1977 in the matter of SDR-1311, Gregory Fox, be adopted, and that the Tentative N~p, Exhibit "A", filed April 8, 1977, and the Site Development Plan, Exhibit "B", dated September 1, 1977, be approved, subject to General Condition I and Specific Conditions II through VIII of the report. The motion carried unanimously. 'I~ was _pointed out that Dr. Fox has the option of appealing to the City Council,~ or he may first request reconsideration from the Planning Commission of any condition of the report ..... B. SD-1323 - Lee Hancock Construction Company, Chester Ave., Tentative Subdivision Approval - 6 Lots Chairman Belanger directed that SD-1323 be continued until September 28, 1977, stating that some of the contractual matters have not yet been resolved 'between the applicant and an adjoining m~mer. IV. PUBLIC HEARINGS A. UP-350 - Osterlund Enterprises, Carnelian Glen, Lot #9, Pool House/ Accessory Structure The Secretary stated that a written withdrawal on UP-350 had been received, and requested the Commission to accept the ~4thdrawal and close out the matter. Commissioner Biarshall moved, seconded by Commissioner Laden, to accept the withdrawal of UP-350 application. The motion carried unanimously. - 2 - B. V-474 - Hilbert and Rosemary Albrecht, 13500 Ward Way, 4' Reduction in fro.ntyard setback It was noted that a Staff Report had been prepared recommending approval. The public hearing was opened at 8:36 p.m. No one appeared to speak on this variance. Commissioner Zambetti moved, seconded by Commissioner Marshall, to close the public hearing. The motion carried unanimously, and the public hearing was closed at 8:40 p.m. Commissioner Marshall moved, seconded by Commissioner Zambetti,. tb~t the 'findings of the Staff Report in the matter of V-474 be adopted, and that the variance be granted. The motion carried unanimgUsl_y~ .......... C. GF-313 - Amendment to ARTICLE 4 Zoning Ordinance #NS-3 re: PLANNED RESIDSNTIAL DEVELOPF~.NT Staff commented that this ordinance was designed to provide multiple housing alternatives for Senior Citizens development and multiple family mixed housing. It provides a vehicle for that type of development under a plarmed residential development site plan concept. Staff is suggesting here that they be located only within those areas designated as planned development under the City's 1974 adopted General Plan. Staff reported that the Senior Citizens Housing Task Force have been sent a draft of the ordinance, and comments from the Saratoga Foothills Development Corporation have been received _- on the proposed draft. Staff suggested that this item be continued to the October 4, 1977 Committee of the Whole Meeting, when a revised draft will be available. Staff also suggested that the public hearing be continued to the October 12, 1977 meet- ing. The _public hearing was qpened at 8:45 p.m. Bernie Turgeon from Saratoga Foothills stated that they hoped the Commission would take their comments under consideration, since they felt the Ordinance was confining to the types of projects. There were no other members of the public who wished to be heard. Chairman Belan'ger 'ordered the public hearing on GF-313 be continued ~o the meeting of October 12, 1977, with further study to be held at a Committee of the l~ole Meeting on October 4, 1977. Conmissioner Zambetti expressed his concern for the ordinance allowing too much spot zoning and high density residential areas. Councilwoman Corr spoke from the audience, stating that she felt the Staff had given the Senior Citizens Task Force a mechanism to provide real Senior Citizen housing, and that they do not want to designate parcels in advance for this use. V. MISCELLANEOUS A. A-495 - Frank Schillace (Joseph Yonan), Upper Hill Drive, Final Design Review Approval - 1 Lot (Request for Modifications to Previously Approved Plans); Continued from August '24, 1977 Staff reported that they had met with ~r. Yonan on several occasions for purposes of providing suggestions for the modification of Mr. Yor~n's plans to mitigate the perceived grading and tree removal impacts. It was explained that despite their discussions with both the applicant and his engineer, no revised plans had been received to date. Staff further explained that at a recent meeting with Mr. Yonan, he requested that the Commission take formal action on Exhibit "A-I". Mr. George Esehoo,attorney for the applicant, asked the Commission to state what the legal basis was for their denial. Con~nissioner B'~rshall pointed out that the Staf_f.__Report specified 1) excessive grading, 2) non-use of an ex- isting'ingreSs, 3) cutting of trees unnecessarily. Chairman Belanger stated that, by Ordinance, the Planning Commission has the right to require a design review on all lots that are over 10% in slope. Mr. Eschoo informed the Commission that he would talk to ~{r. Yonan as to legal proceedings or making modification. He stated that the applicant had prepared an alternative plan, designed to meet some of the Commission's considerations, and had spent a great deal of time and money. He went on to state that it was their position that the Ordinmice as set forth is not definitive enough to give the type of notice that is required, and they feel that the Ordinance can not prevent Mr. Yonan from getting the type of application he has requested. Chairman Belang.~_.r pointed out that rest_riction_s were placed on the Final Map before it ~ms recorded, and that this should have given ~:~. Yonan notice at the time of _pu_r_c__h_a__se. The staff pointed out that the req_uire- ment for De_si~ri3_Review had been .made a condition of app_roval of the building site, and that the previously approved plans are a part of City files which are_.available for public inspection. The motion ~ms made by Commissioner Marshall, seconded by Conmissioner Laden, that A-495 be denied without prejudice. The motion carried unani- mously. VI. CO~ICATIONS 1. A letter has been received from the American Association of Universi- ty Women, announcing that the representatives are Betty Hunter and Alice Tullius. B. ORAL 1. City. Council Report Commissioner Laden reported that Supervisor Diridon appeared before the Council with a proposal from ABAG and ~[FC Joint Policy Committee. A study was done to try to balance housing with industry development throughout the County. They have asked the City of Saratoga to increase from their General Plan 1975-90 estimate of 4,500 dwellings to a new estimate of 6,800 dwellings, and to pass a resolution, stating that they would meet the requirement. The Council told Supervisor Diridon that we would be increasing density to some degree, but they did not want to commit Saratoga to being a higher density bedroom community than it already has anticipated being. The item regarding Comer Drive was also on their agenda, and the City Council has sent it back to the Planning Commission to make a determination. There was also on the agenda a resolution to establish duties and compensation for the City Attorney, which passed. 2. Commissioner ~'~rshall mentioned that the latest issue of Sunset magazine has an ad for a sport court. In this ad they mention a light, but the photograph shows no fence. 3. Co__mmis_s._io_n_e_r.Z_ambetti brought_up the subject of off site ~_r_eal estate signs. The Secretary stated that the Staff_ does pick_un these signs. 4.Commissioner Laden asked about the duration of time for cleanup by the Fruit Bowl, and it was stated that it was 30 days. 5. Commissioner Belanger thanked Councilpersons Corr and Krause for attending the meeting, and also thanked representatives of the Good Government Group for attending and serving coffee. VII. ADJOUP~ENT The motion to adjourn the meeting ~s made by Commissioner ~rshall and seconded by Commissioner Laden. The motion was carried unanimously, and the meeting was adjourned at 9:44 p.m. /cd -4-