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HomeMy WebLinkAbout11-09-1977 Planning Commission Minutes CITY OF SARATOGA PLANNING CC~NISSION MINIFrES DATE: Wednesday, November 9, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROLrFINE ORGANIZATION A. ROLL CALL Present: CommisSioners Belanger, Callon, Laden, Nhrshall and Zambetti (Commissioner Zambetti arrived at 7:4S p.m.) Absent: Commissioners Lustig and Willjams B. MINLrFES Commissioner Laden moved, seconded by Commissioner Marshall, that the reading of the minutes of October 26, 1977 be waived and be approved as distributed. The motion was carried unanimously. II. CONSENT CALENDAR A. Composition of Consent Calendar '\ B. Items of Consent Calendar The motion was made by Commissioner Callon, seconded by Commissioner ~rshall, that the following application- on the consent calendar be approved by the Planning Commission: 1. Final D.e.s.ign Review Approval .: a. A-596 - Los Gatos Associates, Carnelian Glen Court - Final Design Review Approval - Single Family Residence ' The motion was carried unanimously. III. TSNTATIVE SUBDIVISIONS A. SD-1323 - Lee Hancock Construction Company, Chester Avenue, Tentative Subdivision Approval - 6 Lots; Continued from September 28, 1977 It was noted that Staff is still awaiting the resolution of the property purchase benveen the applicant and the Odd Fellows, which should be fina- lized in the near future. It was directed that this item be continued to the meeting of November 21, 1977. B. SD-1333 - Dividend Industries, Carnelian Glen and Horseshoe Drive, Tentative Subdivision Approval - 7 Lots; Continued from October 26, 1977 Staff reported that there was an amended staff report dated November 3, 1977, stating under Section IX-B that Lots 1 through 6 of this proposed subdivision are located in an area designated as a "special flood hazard area" on the Federal Flood Insurance maps. Staff further con~nented that this matter had been reviewed with respect to the need to reduce the potential for flood damage, and that much of the flood proofing would occur in the permit stage through the Building Department. It was pointed out by Staff that this development proposal involves 7 proposed lots, and includes an existing house owned by Mr. Johns, which takes access to Horseshoe Drive. Staff further stated that there would be, under this proposal, a total of 19 homes that will take access from Carnelian Glen, and the driveway serving Lot 5 will double as an emergency access road_ which will extend to Horseshoe Drive over the corridor serving Lot 6. Planning Conmission Page 2 Minutes - 11/9/77 Staff stated that the report has included conditions to improve a Carnelian Glen extension as a 40 ft. right-of-way and improve the emergency access to 18 ft. Staff explained that the access roads serving Lots 4 and 6 would also be 18 ft. wide, and additionally there ~uld be a minimum turnaround which could accomodate emergency equip- ment. A question as to the location of fire hydrants and the possible need for additional hydrants on Horseshoe Drive within 500 ft. of the fur- themost dwelling unit was raised by Commissioner ~rshall and dis- cussed by the Commission. Staff stated that Section V of the staff report could be amended to include a condition addressing this concern. Commissioner ~rshall stated that at the original time of application different alternatives were explored, but secondary access alternatives were not possible. It was for this reason that the parcel ~ms not allowed to be sub'd'iVfd~d~fi more adequate ac~s could be acquired. Commissioner Callon asked the Staff if there was any objection to nmlning a separate street into this set of 7 new homes. Staff explained that the street would have to include 33 ft. of improvements, plus 40 ft. of right= of-way, which would presumably consume one lot. Staff stated that if the project were accessed from Horseshoe Drive, the.. bulb would remain essentially the same. They further stated that the creek tributary would have to be bridged with a public street instead of an access road, and the impacts associated with that would be somewhat more signifi- cant. Commissioner ~'~rshall commented that he understood the Lehman Estate might ~soon be developed, and that this could suggest an alternative of revert- ing to the original plan, which provided access to the private portion of Douglas Lane. He further noted that one of the principal concerns had been the access on and off Saratoga-Los Gatos Road. Comnissioner Marshall stated that he would also be very much against extending Carnelian Glen unless there was an alternative exit that ~Duld be used regularly, rather than an emergency exit. Mr. Donald Burt, of McKay & Somps, repreSent'ing_,tbe developer, stated that the lot configuration would be very much the same with the access on Saratoga-Los Gatos Road or on Douglas. ~ri-'~Bur.t alsd stated that since there is no development on Douglas, it will be some time before an access would be available. ~r. Burt noted that if an access off of Douglas were to be used, the creek would run to the middle of some of the lots. Mr. Burt stated that the applicant had studied the alternatives and felt that their present proposal was the best. Commissioner ~rshall expressed his concern over the minimal size of Lots 4 and 6 and their proximity of the creek. ~r. Burt stated that there would be assurance of no flooding problem on these lots. The question was raised by Commissioner Belanger as to the possibility of the project being for only 6 lots, instead of 7. ~r. Burt stated that he had requested 7 instead of 8 lots because it made a better development. He further commented that very few trees were being removed under this plan. However, Mr. Burt explained, if a public street from Horseshoe to the existing turnaround were used, there would have to be removal of a lot of oak trees in one section by the creek. Mr. Burt explained that the Johns property could be shbdivided without the Dividend development, but with a different configuration. He further stated that Dividend Industries needs ~r. Johns' property for their development. Chairman Belanger asked if the setback for the existing structure of Mr. Johns would meet the minimum standards if that minimum access road were to be taken. ~r. Burt stated he believed it was non-confirming relative to the relationship of the garage to the main structure, but that an overhead connection from the garage to the main structure would make it confO'r~ing. - 2- Planning Commission Page 3 Minutes - 11/9/77 Commissioner Marshall stated he would like to study a plan that had a City street running instead of the emergency access, and see what the changes would be to the flag lots. ~. Burr commented that a public street from Horseshoe would not eliminate any flag lots, and lot 6 would still b~ve the long drive~ay. Conmissioner Laden stated she would like to explore the possibility of a connection to Douglas at this time. Staff commented that possibly an alternative would be looping Carnelian Glen do~ to Horseshoe, or the extension of Carnelian Glen over to Douglas. Staff added that this would be possible if the Lehman Estate were to be developed. Commissioner ~'~rshall noted that the decision had been made originally not to consider Douglas a through street because of the possibility of it becoming a short cut to the Village. However, he said he felt that in order to develop the Lehman Estate, a piece of Douglas Lane would have to be made public. It ~s explained by Staff that one of their concerns regarding cutting Carnelian Glen onto Douglas would be the creek crossing, which would be a major obstacle at that location. Commissioners ~rshall and Zambetti agreed that they would like to study the matter further. Commissioner Zambetti added tb~t he did not like the design of Lots 5 and 6, and was concerned about the trees and amount of coverage that the homes wottld take on the property. Mr. Burr confirmed that the maps showed all of the trees in their proper location. He further commented that any other plan will require removal of a considerable number of trees because the property lines will start crossing the creek. It was stated by Commissioner ~rshall that he would like to see some studies showing how the applicant would propose a related arrangement between the adjacent estate as to traffic flow. He further stated that there are enough houses now accessing onto Hight~y 9 from Carnelian Glen, and he would like to study the possibilities of a street connection between Horseshoe and Carnelian Glen. Chairman Belanger directed that this item be continued to a study session at the Cormnittee-of-the-Whole Meeting on December 6th, and continued to the Planning Commission's regular meeting on December 14, 1977. IV. PUBLIC HFARINGS A. UP-354 - John F. Lynch, 19411 Burgundy I~ay, Request for a Use Permit to allow for the construction of a 10-foot high tennis court fence within the required rearyard It was noted that a Staff Report had been prepared recommending approval, and there had been no comments received from abutting neighbors. Staff explained that they had reviewed the site and feel that the location of the court as proposed would not be a significant problem for any adjacent residences. It was further noted that there is a street behind the Lynch residence. The public hearing was opened at 8:28 p.m. The applicant, Mrs. John Lynch, addressed the Commission, stating that only the neighbor to the west can see the court and approved the present location. Commissioner Marshall asked the applicant if she would object to the court being located in a more westerly direction, behind the house. The applicant stated that the fence would then be much higher and less attractive in that position. Commissioner ~Lrshall expressed the opinion that the landscaping should also include the space between the court and the property line. He further -3- Planning Commission Page 4 Minutes - 11/9/77 commented that the present location requires 250 cubic yards of soil with a 3 ft. retaining wall. Commissioner ~'~rshall added that the alternate location of the court to the rear of the house would cause less cut and fill. He stated that every effort should be made to put the court where it has the least impact on both neighbors and, at the same time, cut do~ the amount of grading. Commissioner Laden commented that the houses immediately to the east are considerably lower than the Lynch property. She went on to explain that most of the grading needed would be removing a man-made pad, and after this was done they would still be~thin a few feet of the contour of the hill. Commissioner Laden added that it ~s her opinion that the present location would have the least impact on the neighbors. Commissioner Zambetti moved, seconded by Commissioner Callon, to close the public hearing. The motion was carried unanimously, and the public hearing ~s closed at 8:45 p.m. The motion ~s made by Commissioner Zambetti, seconded by Commissioner Callon, to approve UP-354, with additional recommended action of increase in landscaping to buffer not only the court from the neighbors, but also from the Odd Fellows right-of-way to their property. The motion was carried. Commissioner Marshall voted no, stating he had no objection to the placement of the court except the amount of cut and fill and would prefer to see it moved in a westerly direction. V. DESIGN REVIEW A. A-595 - John b~rkulin, Montalvo Road, 1 Lot - Single Family Residence Staff reported that the house is approximately 8800 sq. ft., and several visits to the site have been made. It was noted that there has been a Staff Report prepared, with a number of conditions, among which are the reduction of impervious services and retention of as man)- of the trees as possible. Commissioner Marshall commented that the house originally had the drive~ay on the righthand side with a rather large amount of cut and fill required, and an access into the garage from the right. He further noted that an illegal cut had been made on the property, and the request for a redesign of the house was made so that this illegal cut could be remedied. Com- missioner~rshall added that this redesigrn also eliminates a fair amount of the cut and fill that was previously required. The need for a land survey approved by the Planning Department was also pointed out by Com- missioner ~rshall, since on the original presentation the stakeout had been inaccurate. Mr. Richard Kier, civil engineer for the applicant, stated that their firm ha~ prepared the grading plan for the applicant but had not staked the house. He explained that the house has been redesigned to protect the tree at the main entrance of the house, and that the house was reoriented with the garage in the rear. Mr. Kier commented that this plan entails less grading and will preserve the larger nicer trees. He further stated that the only building site on this location is where" the'house-'i~-now sh~. Commissioner ~rshall stated that the biggest problem is that there is very little buildin~ site on th_e_!_o~.a~ion.__He_went_on-to-ex~la-in-~ha-t the house was very modest in terms of the ground coverage, s~nce there are three floors. Commis~ioner_~shall_added-that-t-he-ho~se-~s-a. 'large expensive house, but it is not a mansion. Commissioner Callon expressed the opinion that since the Design Review Committee was now avoiding the major problems, she felt the Commission should approve the house. Commissioner~rshall stated that the Staff Report lists specific trees to be planted, and it was his opinion that the applicant should have his choice of trees. Staff explained that they were just denoting sample trees for the applicant to use. - 4 - Planning Commission Page 5 Minutes - 11/9/77 Commissioner Laden noted that one of the major concerns of the Design Review Committee had been the large oak trees. Mr. Kier expressed his concern regarding the removal of the 8" tree in the terrace area. He connnented that the terrace has a storage area underneath it, which is actually part of the house. Mr. Bob Adsero, landscape architect for the applicant, stated that the major tree is the one near the driveway. He explained that only one major limb would have to be removed from the tree in front and a few small limbs. Mr. Adsero further explained that the tree paralleling the street is significant and should be saved. He noted that the camphor trees suggested in the staff report will eventually spread out to 30 or 40 ft., and along with the oaks, wDuld be too many trees. Chairman Belanger stated she would like to study the matter at a Commitee- of-the-Whole Meeting, inasmuch as the plan being looked at this evening seems to be incomplete in regard to certain matters, including additional grading. Commissioner Laden added that she would like to have the appli- cant submit a plan for study that showed the driveway removed, as recom- mended by Staff, and indicated the location of all existing trees. Chairman Belanger directed this item to the Committee-of-the-I%~ole Meeting on November 29, 1977, and continuance of it to the regular Planning Com- mission Meeting of December 14, 1977. --= VI. MI SCELLAN]EOUS A. PM-77.4 - Kenneth Cermak, Aloha Ave. at Saratoga-Los Gatos Road, Parcel ~'~p - Lot Line Adjustment; Continued from October 26, 1977 Staff noted that there was an analysis of the proposed boundary line adjust- ment in the staff report, not only from a zoning impact standpoint outlin- ing the existing square footages and those resulting ~fter the movement of the line, but also a consideration from a land use standpoint. Staff com- mented that both the applicant and the developer of Parcel B are in agree- ment that this adjustment would not have any adverse impact on Parcel B. Staff added that they were recommending approval, 'since there are mitigating circumstances, primarily the existence of a fairly substantial tree at one corner into Parcel A, and the access roadway into Parcel B at the other corner. It was explained by Staff that originally the house was designed based on the proposed closer property line actually continuing all the way across the site. Staff went on to state that a field survey determined that there wasn't enough square footage in Parcel B to transfer that additional land over to Parcel A. .:. Commissioner b~rshall stated that a straight line would more favorably benefit both Parcel A and B because the 3 ft. diameter pine tree area is in excess of Parcel B. He further commented that he does not like to see the precedent. set of endorsing convenience type adjustments in lot boun- daries where they are a bit odd, and sees no reason why this should not be a straight line. Commissioner Belanger stated she would agree with Commissioner Marshall if a straight line would accomplish useability for the applicant. She explained that the applicant is not in need of more square footage; he is in need of more setback. Commissioner Belanger expressed the hope that the boundary line adjustment will eliminate the need for a variance for any structure going on Parcel A. Commissioner Zambetti stated he saw no reason why the bou_n~iary line adjust- ment should not be granted. It w~s moved by Commissioner Zambetti, seconded by Commissioner Laden, to approve Staff Report on PM-77.4 and grant approval of the line adjust- ment. The motion was carried, with Commissioner Marshall voting no. Planning Commission Page 6 Minutes - 11/9/77 VII. CO~MJNI CAT IONS A. WRITTEN 1. Staff reported that a letter had been received from Mr. Herbert Cuevas, architect, dated October 24, 1977. ~r. Cuevas is interested in seeking a rezoning and a general plan amendment for the property on the north side of Big Basin Way, zoned C-V Commercial and general planned for commercial land use. Staff stated that this site is contiguous to a piece of property developed for condominium use under the provisions of a use permit. It ~s further explained by Staff that the C-V District provisions provide that multi-family residential uses may occur within the District only on parcels in excess of S acres in area and subject to a use permit. It was noted that the site in ques- tion is less than S acres in area, and the applicant is desirous of changing the zoning to Professional Administrative, in order that he might subsequently obtain permission for condominium use under a use permit. It was pointed out by Staff tb~t the Planning Commission has authority in the ordinance to include multiple residential in the C-B, C-N or C-C zone, subject to a conditional use permit process, and that would be an alternative in this matter. Discussion followed on the implications of the Village Task Force Study and how they relate to this recommendation. The decision was made by the Commission to study the possible alternatives in this matter at a Comnittee of the ~ole Meeting, and Staff was asked to inform Mr. Cuevas of this. 2.A letter was received from Mr. ~rk Gerald ~haffey, dated October 27, 1977, supporting Mr. Leoposavic's application. 3. Memorandum re public hearing on West Valley Transportation Corridor - The Staff reported that the State is gathering information to make a decision on this corridor. It was stated that Cupertino is strongly supporting a 2-mile extension of the corridor from its present terminus to Rainbow Drive. Staff noted that CalTrans is now completing an EIS to either retain or capture additional FAU money to acquire right-of way in the remaining designated area of the corridor, and a decision is to be made within a year by CalTrans in this matter. 4. Santa Clara County Housing Task Force Report - This report is going to be reviewed by the Planning Commission at their Committee-of-the-I~ole Meeting on November 15, 1977, and there will be a public hearing on November 22, 1977 by the County. B. ORAL 1. City Council Report - Commissioner Zambetti gave a report of the City Council Meeting held November 2, 1977. A copy of the minutes of this meeting is on file at the City Administration Office. 2. PPC Report - Commissioner Callon passed out copies to the Commission of the Environmental ~nagement Plan, containing suggestions to allevi- ate air quality problems in the Valley. 3. Chairman Belanger thanked Councilman Kraus for attending the meeting, and also thanked Miles Rankin and Margaret Dunn of the Good Goverr~nent Group for attending and serving coffee. 4. It was announced by Chairman Belanger that the November 23, 1977 Planning Commission Meeting has been changed to Monday, November 21, 1977, because of the Thanksgiving holiday. VII I. ADJO~NT A motion was made and seconded to ~rn the meet.~Durn~ adjourn the meeting; the meeting was adjourned at 9:S0 p.m.