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HomeMy WebLinkAbout12-14-1977 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~{ISSION DATE: Wednesday, December 14, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORC~NI ZATION A. ROLL CALL Present: Comnissioners Belanger, Callon, Laden, Lustig, ~'~rshall and Zambetti Absent:Conmissioner Willjams B. MINUTES Commissioner Lustig moved, seconded by Commissioner Laden, to waive the reading of the November 21, 1977 minutes and approve as distributed. The motion was carried unanimously. II. CONSENT CALENDAR A. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Zambetti, that the follmving applications on the Consent Calendar be approved by the Planning Commission~ the motion was carried unanimously. 1. Final Building Site Approval a. SDR-1292 Henry Fallek (Schwartz), Pierce and Pike Road - 1 lot, Final Building Site Approval 2. Final Design Review Approval a. A- 569 - Eldred Kunkel, Chester Avenue, Final Design Review '~ Appr.oval - 2 Lots III. TSNTATIVE SUBDIVISIONS A. SD-1323 - Lee Hancock Construction Company, Chester Avenue, Tentative Sub- division Approval - 6 Lots; Continued from November 21, 1977 Staff reported that a contract matter between this applicant and an adjoin- ing landowner still has not been completed. It was directed that this item be continued to January 25, 1978. B. SD-1333 - Dividend Industries, Carnelian Glen and Horseshoe Drive, Tenta- tive Subdivision Approval - 7 Lots; Continued from November '9, 1977 ' It was reported by Staff that the applicant is revising his tentative sub- mission, and that a letter had been received from Dividend Industries, requesting a 60-day continuance on this matter. It was directed that this item be continued to February 22, 1978. IV. PUBLIC HEARINGS A. V-476 - Donald P. Beadle, 21223 Deepwell Court, Request for a Variance to allow a 10 foot sideyard setback in lieu of the required 20 foot setback for a Sp.a Chairman Belanger noted that there was a letter in the file from one of Mr. Beadle's neighbors, stating that they have no objection to this spa. Con~nissioner Callon reported that an on-site inspection had been made by the Variance Committee, and they had noted that there are no neighbors that would see the spa where presently proposed. Commissioner Callon stated that they had recommended a different location for the equipment that goes along with it, which is noted in the Staff Report. -1- Planning Commission Meeting Page 2 Minutes - 12/14/77 V-476 -' Donald'P. Beadle (COnt.) The public hearing was opened at 7:40 p.m. No one appeared to speak on this matter. Commissioner Zambetti moved, seconded by Commis- sioner Lustig, to close the public hearing. The motion was carried unanimously. Commissioner Callon moved, seconded by Commissioner Zambetti, to grant V-476, per the findings found in the Staff Report dated Decem- ber 8, 1977. The motion was carried unanimously. B. V-477 - Rolston Johnson and F. La Monica, Mr. Eden Court, Request for a Variance to allow a 14-foot sideyard setback in lieu of the required 20-foot setback for a residence Staff reported that a letter had been received from the applicant, requesting witMrawal of this item. The letter stated that the applicant had acquired the adjacent vacant lot and the variance will no. longer be needed, since there will now be a boundary line adjust- ment. It was directed that the withdrawal of V-477 be accepted and the matter closed. .'. C. UP-3S7 - Larry Aeschbocker, Request for Use Permit to allow for 3 acres of an existing i0 acre parcel of State owned land in ' an R-l-10;000 'single family zone to be used for the growing of Christmas trees It was reported by Staff that a report had been prepared on this item, recommending approval subject to the conditions listed. It was noted that a letter had been received from Mr. and Mrs. Craik, 13449 KOdiac Place, requesting the Planning Commission to deny the application for a use permit. Staff also noted that a petition, with 42 names, had also been received, approving the Christmas tree farm. The public hearing was opened at 7:45 p.m. The applicant addressed the Commission and explained the daily opera- tion of the project. Discussion followed on the conditions in the Staff Report. The applicant requested that the buffer strip along Saratoga Avenue be changed from 100' depth and full width to S0', and that new trees be planted instead of the existing orchard trees remaining. The applicant also stated that he would like to use a tractor for cultivation twice a year and would require a chain saw to clear existing orchard trees and at time of harvesting. Mr. : Aeschbocker stated that his cutting and planting will be concurrent.- : The question of watering was brought up, and the applicant stated he would be hooking up to the ~ter supply of his nearby in-laws, ': and that the Water District had approved of this. At the request of ~. Mike Savos, 19084 Bonnet Way, one of the signers of the petition, Chairman Belanger read the conditions listed in the Staff Report. Mr. W. E. Carrier, 14437 Kodiac Place, stated that he was basically very much in favor of the Christmas Tree Farm. He stated that there were few existing trees along Saratoga Avenue, and the planting of new trees by the applicant would be a definite improvement. Dis- cussion followed on possible vandalism and traffic, partiCularly'from motorcycles, in the area. The possibility of the applicant abandoning the project after. a few years was discussed. Commissioner ~'hrshall commented that the existing trees will grow from stubs if they are properly watered. It was also pointed out that this property would then be maintained by the State. ~. Harvey Orndorf, 18944 Bonnet Way, asked if 2 - 15 gallon trees could be planted and maintained by the applicant for the 25 ft. strip along Bonnet Way, stated in the Staff Report. Chairman Belanger com- ~ mented that such conditions were imposed by ordinance on residential developers, but would be a heavy burden on the applicant who is pro- posing a low yield agricultural use. 2 - Planning Con~nission ing Page 3 Minutes - 12/14/77 UP-357 - Larry 'Aeschbocker' (Cont.) It was clarified by Chairman Belanger that only 3 acres of the existing 10 acres would be under cultivation at this time. If the use permit is approved, she explained, Mr. Aeschbocker may extend his lease with the State and also request an amendment to the Use Permit to extend the tree farm if he so wishes at a later date. Since '-nO one else appeared to speak on this matter, it was moved by C0mnissioner Lustig, seconded by Conunissioner Zambetti, to close the public hearing. The motion was carried unanimously. Commissioner Zambetti stated he would like to add the condition that all traffic in regards to this business concern enter and exit . _. via Saratoga Avenue. -. .... -- "' 'C6n~nis~'~'~ner' MirSh'all mo~d', seC6hded" b~C"~m~ssi~ner Z~mbetti, to -- adopt UP-357, and approve 3 acres of the existing 10 acre parcel, per Staff Report dated December 9, 1977, with the following amendments: Condition 1 to read: "No structures or storage facilities to be placed on site without amendment to use permit and Design Review Approval; Condition 5 to read: "A S0' depth and full width (along Saratoga Ave.) and 25' strip (along Bonnet Way) of subject site shall be planted and maintained as a buffer strip, parenthetically no clearcutting"; Condi- tion 7 to read:'~qo regular use of any heavy equipment on site (except weed removal twice a year) unless use permit amended. Watering and maintenance operations not to be before 9:00 a.m. on Saturday and Sunday"; :Condition 8 - "Use of power tools is prohibited", was deleted; Condition 9 to read: "No advertising signs to be allowed", and the condition added that all ingress and egress onto the site shall be via Saratoga Avenue. The motion was carried unanimously. D. UP-348 - The Kelly Gordon Company, Inc., Saratoga-Sunnyvale Road, Review of Draft Environmental Impact Report (E-5.77) on Request for Use Permit to develop 66 townhouse units in accordance with the provisions of Article #7 of Zoning Ordinance NS-3 Staff stated that the public hearing this evening is on the Environ- mental Impact Report for a proposed project by the Kelly Gordon Company, for 66 toxinhouse condominium units, ranging in size from 1300 to 1900 sq. ft. They further noted that this public hearing was being held to take public testimony on the Draft Environmental Impact Report. It was explained that these oral comments, together with the written comnents already received, will be given to the consultant, and he will respond at a subsequent meeting to the Planning Conmission with the Final Environmental Impact Report. The public hearing is intended to be continued and then will be closed at the time the final report is ready for certification by the Planning Commission. Staff reported on the project location as follows: This site is located along Saratoga-Sunnyvale Road, bisected approximately at the intersection of Kirkmont Drive. It is a 9.4 acre site, bounded on the west by Calabazas Creek. North of the site is the Blue Hills Shopping Center and northeast is the vacant commercially zoned property at Prospect and Saratoga-Sunnyvale Road. Directly across the street from the site is also a conmercially zoned area on Kirkmont and SaratOga-Sunnyvale Road, and south of the site is the Hubbard and Johnson Lumber and Hardware operation. In the Site .-D. ev'elopment Plan the applicant has retained access to align with a potential intersection with Kirkmont Drive. The Flood Control District is reconmending a minimum 3 acres of right-of-way along Calabazas Creek for dedication to them in order to retain the Flood Control easement area that they have suggested. ~r. Tom Lindenmeyer, of the consulting finn of Environmental Science Associates, addressed the Conmission. Mr. Lindenmeyer stated that he was the project leader for the preparation of the Environmental Impact Report and he sunmarized the highlights of the EIR. He stated · that the major effects which were identified in the EIR are the loss of prime agricultural soils, the potential of exposing residential structures to the flooding hazards of Calabazas Creek, the potential of noise effects from the Saratoga-Sunnyvale Road on residential structures, both exterior and interior noise environment, and the .............. ~ ........ i_n;qr__e_as_ed demand for certain community service_S, .p=a_rti_a4__l_a_r.~_y po_.~_i_.~e., .~, Planning Commission Meeting Page 4 Minutes - 12/14/77 UP-348 -' The Kelly 'GordOn'CompanX,.'.InC. (cont.) fire, etc. Mr,. Lindenmeyer stated that they also noted some potential difficulties in the circulation system, and there was a possibility that the single point of access could be blocked by a single accidental occurrence. He explained that they had listed measures in the EIR which would reduce many of the adverse effects identified. Additionally, he explained, three alternatives to the project were explored. He stated that because of the interest in Saratoga with regards to the economic future of the City, a special emphasis in the report was given to the fiscal implications of the project as proposed, and also the fiscal implications of the alternatives were explored in some detail. Mr. Lindenmeyer stated he would attempt to answer all questions, but detailed answers to specific questions will be presented in the final report. Chairman Belanger directed that a 15-minute recess be taken, during which time interested persons were invited to inspect the proposed project plan. The meeting reconvened at 9:15 p.m. The public hearing was opened at 9:15 p.m. Chairman Belanger read the definition of an Environmental Impact Repo,rt. She stated that at this time the Conmission was addressing _. not the specific details of the project itself, but the EIR evaluating the' project, and:whether-or not the ~onsultant who has done the study has taken into account all of the problems which might arise in connection with it. ~r. Jerry Lohr, of 28755 Monte Wood Drive, addressed the Commis- sion. He stated that he is a builder and the landowner across the street from the project and also a citizen of Saratoga. He stated that he first would like to comment on the EIR as a citizen of Saratoga. Mr. Lohr explained that for a good many years the citizens of Saratoga have attempted to bring retirement housing to the City. He stated that the EIR refers to the addition of some housing provided by this project that might be suitable for retire- ment. Mr. Lohr conmented that the proposed units are unlike anything he has seen in any proposed senior citizen housing project, and that he felt they were inappropriate for retirement housing. Mr. Lohr went on to explain that he felt the EIR does not critically evalU.,a. te the project with regard to retirement housing, and he felt that .. _-' the EIR should address this in depth. Mr. Lohr stated that, as the landowner across the street from the project~ he felt there was little discussion in the EIR about the impact on all the surrounding area, and was surprised that resi- .-; dential was even being considered for this prope.rty. Mr. Brian Kelly, of 12882 Woodmont, of the Kelly Gordon Company, addressed the Commission. He stated that the project was never intended to be passed off as "retirement housing". Mr. Kelly explained that the proposed units are townhouses, and are designed to appeal to an individual who wishes to sell an existing larger home and move into a different type lifestyle. He noted that they do feel they will primarily attract adults. Mr. Kelly stated that, in reference to Mr. Lohr's comments about residential being con- sidered for this property, his company has redrm~ the site plan showing some commercial on the front portion of the property. Chairman Belanger asked ~r. Kelly how much commercial they were intending to show on their plan, and Mr. Kelly stated 17,000 sq. ft., which figure would be near that stated in Alternate C in the EIR. Commissioner Callon stated there would be a need for a signal' at the intersection of Saratoga-Sunnyvale Road and Kirkmont Drive, and asked whether the State would approve a signal at that location. Staff noted that in a previous EIR on the site across the street, the State had agreed with the EIR which spoke to a signal. Staff stated that they have recently ~itten a request to.:the State fo~.i_ a review of "thiS. :_"It-Was explained' that- _-the, f-invoiCed ~e_l.o_per~_ would then share in the cost of this sign~i. "~' Planning Commission Meeting Page S Minutes - 12/14/77 Mr. Ed Meagher, of 20153 Knollwood Drive, addressed the Commi'Ssio~, stating that he was the President of the Northwest Saratoga HomeOwners Association, representing about 200 families. ~. Meagher asked if there would be a new EIR prepared if the project was changed to commercial. Chairman Belanger explained that the present draft EIR evaluates primarily the residential proposal but also addresses alternatives. M~. Meagher went on to explain that if the proposal is changed from residential to partially commercial, they will have questions and comments which they will submit in writing, and a continuance of the public hearing to January 25th may allow too little time to canvas their membership. Chairman Belanger stated that written comments become part of the final draft and become part of the input the Planning Conmission uses in looking at a proposal. Staff conmented that if the Conmis- sion decides to alter the project and feels that the EIR does not address the selected alternative sufficiently, they can request an amendment to the EIR. It was pointed out that the project still has to go through the use permit process, which means that any approvals for either condominiums or alternate proposals would have .... to be huhJillY heard and decided upon. This would provide the opportunity to bring in additional information if it was fel~ the EIR was insufficient. Staff stated that the new guidelines of the CEQUA specify that the Commission certify the EIR and make -. appropriate findings. It was moved by Commissioner Lustig, seconded by Commissioner Laden, to continue the public hearing to January 25, 1978. The motion was ,.. carried unanimously. The following comments were made by the Commissioners: Commissioner Lustig stated that this project should not be a total residential development. He commented that the project should be in harmony with the surrounding areas, that of a partial commercial- partial residential deyelopment. Commissioner Lustig went on to state that the consistency of the zoning would be completely erased by allm~ing this development to be totally residential. Commissioner Zambetti conmented that he was concerned with the circulation of the ingress and egress of the plan. He stated that he felt it important to fulfill the need for senior citizen housing in the City of Saratoga. Commissioner Zambetti stated that the Commission can utilize CC&R's in the use permit process to regulate the construction of senior citizen housing and assure that the hous- ing remain senior citizen, and can also have a residential preference list for the Saratoga residents. He went on to note that the report points out that there are vacancies of commercial property in the immediate area such as E1 Paseo de Saratoga, and he feels that possi- bly the City is not in a buyable commercial zone. Chairman Belanger commented that she agreed that the need for senior citizen housing should be fulfilled, but she did not feel that every multiple application should be considered to fulfill that need, and that the Commission did agree that there is a need for housing alterna- tives~somewh~re'betwee~ Single.family residenti~l"'and StriCtly senior citizen housing. Commissioner Callon stated that earlier the Commission had been very supportive of the need for more multiple units in the City. She explained, however, that at a later meeting with the City Council, the City ~D~ger and ~yor had emphasized the need to develop the commercially zoned land as commercial in order to receive the sales tax revenue. Commissioner ~'~rshall commented that in the EIR under "Soil", the soil is described as quite permeable, and under "Flooding", the soil is described as not permeable, and he felt this inconsistency should be checked. He commented on the statement in the EIRby the Santa Clara Water District that they propose to have the developer excavate the creek bed and are going to miss the major trees. Commissioner Marshall stated that, according to the plan, the whole creek bank is bordered by trees,.and he didn't see how ~hose trees could be saved,_. 5 - Planning Commission Meeting Page 6 ~[inutes - 12/14/77 and he would hate to see them removed. Commissioner Marshall stated that he would like the EIR to address whatever this new plan is in terms of that flood control. He further noted that on the front of the property there is mention of a 8 ft. high wall, and that he would like to see the EIR also address the impact of a 6 ft. high wall, which might be the legal height to which the developer would be limited. Commissioner Laden stated she too would like to see the Santa Clara Water District's plan, since their letter was very sketchy. Mr. Lindenmeyer conmented that, regarding the soils, the upper layers of the soil are fairly permeable soils; however, there is an imper- meable clay layer underlying them, so there is no significant recharge to the ground water from the site. He commented he would like to doublecheck that fact with their geologist. He also commented that they would have a teevaluation of a 6 ft. wall; however, he felt a 6 ft. wall would allow unacceptable noise levels further onto the site. Commissioner B[qrshall stated that a 6 ft. wall might be the maxinure the City would permit under the ordinance, and that should be addressed in the study. Chairman Belanger stated that since there has been some indication of the possibility of a combined use situation, they should evaluate how acommercial use in front ~ould Buffer n6ise-and-hoW.: it would increase it. Mr. LinxIenmeyer stated that the initial evaluation had been for a tmq~house development, with the major emphasis on that and a · secondary emphasis on other alternatives. He stated that if it is correct to assume that the proposal is being changed at this point, he felt that possibly his firm should engage in a more ~ detailed evaluation of the possible alternatives. Chairman Belanger stated tb~t she was personally of the opinion that the EIR had addressed the possible alternatives. Commis- sio'ner ~rshalI stated'that he f~lt"traffic should be studied more thoroUghly~for'a possible mixed use~ It was poiH~ed out f~a-t th~ report contains-'traffic data on Alternate Co. Mr. Lindenmeyer stated that his firm would like to receive the comments from the North West Saratoga Homeowners Association by the first week in January, so that they could respond by the January 25, 1978 meeting. The Homeowners noted agreement to this timing. ~r. Brian Kelly asked the Planning Commission for an estimated figure of commercial square footage they would prefer to see on a revised site plan. Chairman Belanger explained that the City in general wants to preserve as much 6f its commercial base as possible. She further stated that the Commission would like to See a good feasible plan, taking eVentUal integration: of the_Blue Hill~ corner into consideration. --"' It was directed that the p~blic heariHg' .on .this matter be continued to January 25, 1978. E. GF-316 - Amendment to Zoning Ordinance #NS-3 re: FRONTYARD SETBACKS Per HCDA 1974 - Proposed Ordinance #NS-3.3_9' ......... Staff reported that this amendment to the Zoning Ordinance addresses a reduction in the measurement of the frontyard setback in the SHARP area and where a 60 ft. right-of-way is taken. This right-of-way is felt to be inordinately wide and is not the standard City street width. Staff stated that rehabilitation programs are targeted; the first being Tract 822, Saratoga Gardens. It was explained by Staff that it is the intent of the rehabilitation program for the City to participate. in what- ever means possible to encourage improvement of the area. Staff reported that the draft ordinance accomplishes the method of measuring the front- ard set s in rder t~'d~ture an ad~'i~'i~l'l'0'f~'F~f'b~l'd~51e ontrar . Xl anof ro ements desired the ordinance -~'ill-provide-space-for-the-a-dd~ti~-o-f 'garages t~'/x~ i~ ~ ~'~ ....... present. - ................. r.>":"""="" r ' '-- :" -"-"'~-~7'--j" __ (_ ' ,i' 7Z. 'j-. Planning Commission Meeting Page 7 Minutes - 12/14/77 GF-316 - Amendment to Zoning Ordinance #NS-3 (cont.) The public hearing was opened at 10:10 p.m. No one appeared to speak on the matter. It was moved by Commissioner Callon, seconded by Commissioner Marshall, to close the public hearing. The motion was carried unanimously. Staff explained that in the areas addressed, should people wish to make improvements under the guarantee program, they may get loans for rehabili- tation work which has been inspected by the City. It was further stated that the program will only grant loans towards improvements where the inspection specifies a need for raising 'standardS, and the improvements will then go through the building permit process. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission recommend the adoption of Resolution GF-316, with the findings suitable for a Negative Declaration, and forward the recommendation to the City Council. The motion was carried unanimously. V. DESIGN REVIEW A. A-595 - John ~rkulin, Montalvo Road, Final Design Review Approval - 1 Lpt, Single Famil)r Residence Commissioner Lustig reported that an on-site inspection had been made by the Committee-of-the-Whole, a~l certain recommendations were made; namely, that the entrance and exit on the left side of Montalvo Road would be a joint driveway between the house-:'p~roposed to be b~i!t for -:~the!LS_ho_rlt_'inQ~ and-their ne_i. KhborS~ so that the impact of .~vement would be mitigated; and the proposed pool would be shifted towards the side _of_th~__hm_,se,_fur_ther_off ~_bntalv_o_Road..__Commissioner-Lus~ig-questioned the fact that the landscape pt~n now shows a pool that does not say !.'proposed'_'_, and it is located. in_an .unacceptable area ........ Commissioner Marshall con~nented he had indicated that a small pool might be placed on the opposite side of the house; however, the landscape plan - , now shows a large pool with a large amount of decking. Mr. Richard Kier, civil engineer for the applicant, stated that the pool was not part of their original application for design review. However, he explained, the applicant would like a pool at a future date and would like that condition to be part of the approval, so that they may present proper plans later for a pool. Chairman Belanger mentioned that one of the things that the Commission' is concerned about is the fact that ,the site has been almost overdeveloped. She stated that the lot is large, but the building area is extremely constrained. Chairman Belanger commented that if the Shortinos are interested in a pool, possibly they could reduce the size of the house or the garage, so that there is room for a pool. Mr. Kier questioned the condition in the Staff Report that the terrace should be eliminated. He stated that the terrace is an integral part of the design of the house, and it was his understanding that the Committee-of-the-Whole had agreed to the terrace remaining and a t~-ee being removed. Conmissioner Laden stated that the Committee-of-the-~ole had agreed to the terrace and removal of the tree, as long as the three trees in the front were preserved. She stated that she felt the terrace was an inte- gral part of the house. Commissioner Callon agreed, stating she felt there were enough trees in the back side of the area to support the removal of one tree for the terrace. Commissioner Lustig also agreed, stating that there is no neighbor on the creek side of the site that would see the terrace, and he suggestS1 that this condition be removed from-the Staff Report. -7 Planning Commission Meeting Page 8 Minutes - 12/14/77 A-595 - John~rkulin (cont.) Staff pointed out the fact that they did not agree with the building of the terrace, and felt that with 8800 sq. ft. of housing and 1050 sq. ft. of deck, taking a tree out and putting more deck in is not necessary. Conmissioner Laden commented that under the landscaping condition. the applicant should be able to pick the species of the trees 'to. be plan~ed~ Chairman Belanger stated that she felt this site, in terms of its building area, is being overused, and that a.8800'.~, ft. house will overs~do~he house next d~Sh~"further stated that she felt it is .'tasteless and ostentacious, and if the Commission wa§.going to approve a report that permits a swimming pool where you have to hang it off the 'side of a hill, she was.going to vote no. Commissioner ~rshall stated that he felt the terrace could have been a deck, rather than a terrace plus a basement room. He further stated that he does not agree to a large pool, and will not approve the pool on the plans as submitted, but would agree to the condition that the applicant can submit plans for approval of a swimming pool at a later date. Commissioner Lustig agreed with Chairman Belanger's comments on the overdevelopment of this property. He stated, however, he would agree with the condition that the applicant can submit plans for a pool at a later date, in a proper size and location. Commissioner Zambetti agreed that the house is overbuilt and felt it was too close to the road. He further ~£~t~d that he felt there is no location on the lot for a swimming pool. Commissioner Callon stated that a proper plan for the pool will have to be submitted for design review at a later date. Commissioner Lustig moved, seconded by Commissioner Laden, that A-595 be approved, with a new Planning Commission report prepared, allowing the terrace to remain, stating that 5 - 15 gallon size trees shall be planted in the front yard, and adding that any pool, irrespective of that shown on the present exhibits, 'is not approved and shall be subject to design review upon application at a future time. The motion was carried, with Commissioners Belanger and Zambetti voting no. B. A-598 - Onorato Associates (Hagan Construction), Final Design Review Approval - 15 lots - Single FamilF Residences, ReganLane Staff reported that there were Covenants, Conditions and Restrictions on this item, prepared by the Hagan Construction Company, for the Conmission's approval before Final Building Site Approval. Discussion followed on Paragraph 4, Dwelling Cost, Quality and Size, and Paragraph 6, Lot Area. Chairman Belanger stated she was against setting minimum costs and minimum square footage in CC&R's. Comnissioner Callon strongly objected to a minimum price being stated for a house to be built on that land. It was recommended that both of these paragraphs be deleted. It was also pointed out that in Paragraph 8, "site distance controls are to exist :Z~:'ft?"f~om the intersection of the street lines", should read 50 ft. instead of 25 ft., per ordinance. It was also suggested that in Paragraph 1~, the sentence shquld read "no more than uvo dogs over 3 months"C'-ChairmanBeiange~ directed that Staff notify the Hagan Construction Company that the CC&R's were acceptable to the Commission, with the changes mentioned. ~'~. Onorato addressed the Commission and stated that he and Mr. Hagan were in complete accord with the conditions listed in the Staff Reports. Commissioner Lustig moved, seconded by Commissioner Laden, to approve A-598, per Staff Reports A-598-A and A-598-B dated December 8, 1977. The motion was carried; Commissioner Zambetti was temporarily absent. -8- Planning Commission Meeting Page 9 ~[inutes - 12/14/77 VI. MISCEIi~NEOUS A. A-S00 - Larry Tyler, Amendment to Final Design Review Approval, Parking Assessment District #2, Big Basin Way - RE: Placement of Garbage Facilit7 Staff explained that the trash collection for the District was previously to be handled on an individual basis between the shop miners directly to the rear of their establishment. One common area is now being suggested, to be allocated within the Parking District, and would consist of redwood enclosed bins which Green Valley can pick up with their truck facilities. It was explained that all of the merchants have to participate in this plan. Staff reported that the area was a District ~intenance Area and will be kept clean. It was moved by Commissioner Lustig, seconded by Commissioner Callon, to approve Staff Report dated December 9, 1977 for the amendment to final design review approval for the change of location of the trash bins. The motion was carried unanimously. B. GF-317 - Amendment to Zoning OrrdiD~m~ NS-3, adding "multiple family residential" to list of conditional uses in "CV' and "CC" Zoning Districts Chairman Belanger stated that this is an area in which the Planning Commission is enpowered to act at its own discretion and without public hearing,to add to the' list of conditional uses of a given zoning district. Staff reported that under this amendment, the Commission is adding to the list of conditional uses the ability for someone to apply for con- ditional use to do a multiple family residential project in a commercial zone. It was further stated that the Commission will still have the discretion, under any application that comes in for a use permit, to approve or deny. the proposed use, subject to public hearing. Commissioner Laden commented that a recommendation had been made by the Village Task Force to consider this use for some areas-of the Village. It was moved by Commissioner Callon, seconded by Commissioner ~rshall, to approve Resolution GF-317 and add multiple family residential to the list of conditional uses in "CC" and "CV" zoning districts, per the findings made in the Staff Report dated November 29, 1977 that the proposed amend- ment will have a negative environmental impact. The motion was carried unanimously. VII. CO~I~]NICATIONS A. WRITTEN 1. Staff reported that a letter had been received from Mr. A. R. Lattanzio and ~[r. W. D. Jones, addressing consideration for a General Plan Amendment to designate a site on Sunnyvale-Saratoga Road as P-D (Planned Development). Chairman Belanger directed Staff to notice for a public hearing to be held, as requested. B. ORAL 1. Mr. and Mrs. Ellsworth ~osnick, 14231 Hilltop Way, addressed the Commission, stating their dissatisfaction with a heuse being built on Hilltop Way by the Iacomini Construction Company. ~r. ~osnick cofmnented that the plans had been submitted showing the pad at an elevation of 355 ft., and his property is at an elevation of 374 ft. He explained that the second story has now been added and the new house now stands approximately 5 to 7 ft. higher than originally ascertained; therefore, the pad could not have been at an elevation of 355 ft. Mr. Iacomini addressed the Commission and stated that he had checked the pad elevation and it is at 355 ft. Staff also stated that it - 9- Planning Commission Meeting Page 10 Minutes - 12/14/77 had been checked by their department and determined that the pad elevation was as shown on the plans. 'Chairman Belanger stated that even if the hill were .higher than indicated-, the Commis~ion-wou!d-.not have'-allowed excessiv_e ~grading= to bring the ele~:ation doom; n_or could they have. r. eqaired the appli- cant'to build_a one-story_i house, since the _o~dinance pemits resi-.., ': aential structures to be 30 ft~ high. She further stated that B~r. Wyosnick'~' view is_primarily to the east, wher~ this house does not impact. upon .it.' ' ' ._ ' .... '.-= ':'~- ' Chairmarl Belanger informed:'~'~. J~btosnick' that: at this p6int there" were'-no measures the Commi~sion:.coutd take to'mitigate .his' .concern. 2. A report from Commissioner Williams on the Housing Task Force Meeting was distributed. 3. Cit), Council Report - Mr. Van Duyn gave a report of the City Council ~feeting held' on December 7, 1977. A copy of the minutes of this meeting is on file at the City Administration Office. 4. Chairman Belanger thanked Councilwoman Corr for attending the meeting, and also thanked representatives of"the' Good Government Group for:-- art. ending and serving coffee. VII I. ADJOLRr~,~2qT Cor~issioner Zambetti moved, seconded by Commissioner Lustig, to adjourn the meeting. The meeting was adjourned at 11:42 p.m. ~fifD: cd 10-