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HomeMy WebLinkAbout05-14-1980 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES / DATE: Wednesday,.May 14, 1980 7:30 .p.m. PLACE: -Ci.~yF"Cb'Un=6-~l Chambers, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROUTINE ORGANIZATION Roll Call Present: Commissioners King, Laden, Schaefer, Siegfried, Williams and Zambetti Absent: Commissioner Marshall Minutes The following corrections were made to the minutes of April 23, 1980: On page 5, the last sentence under UP~453 should read: "Commissioner Siegfried moved to approve UP-453, making the findings of the Staff Report and the fact that the proposed structure is not inconsistent with the Open Space Element, since there are additional areas for usable open space to the rear of the property." On page 3, the first sentence in the second para- graph under UP-453 should read: "Staff explained that this site had been selected by the Site Utilization Committee as a desirous location for the Post Office." With these changes, it was moved by Commissioner Siegfried, seconded by'Commissioner Schaefer, to waive the reading of the minutes of April 23, 1980 and approve as distributed. The motion was carried, with Commissioner Zambetti abs'taining since he was not present at the meeting. PUBLIC HEARINGS 1. SD-1407 - Frank Itorvath, Mr. Eden Road, 6 lots, Tentative Map Approval; Continued from April 9, 1980. Staff explained that the public hearing was continued on this item, and that the City Council had denied without prejudice this item under the action of AB884, since it is located in the Measure "A" area. " The public hearing was reopened at 7:40 p.m. Since no one appeared, Commissioner Siegfried moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. Commissioner Zambetti moved to deny without prejudice SD-1407, following the City Council's action on May 7, 1980. Commissioner King seconded the motion, which was carried unanimously. 2. UP-448 - Mike Kermani and K. Navai, Request for Use Permit to allow the construction of ten (10) condominium units and one (1) retail store on a 42,000 sq. ft. site in the "C-V" (Visitor-Commer- cial) district, at 14599 Big Basin Way; Continued from April 9, 1980 Chairman Laden reported that this item was being continued to a study session of the Committee-of-the-Whole on June 3, 198.0 and the regular meeting on June 11, 1980. The public hearing was reopened at 7:41 p.m. SinCe no one appeared, 'it was directed that this item be agendized for the June 11, 1980 meeting. - 1 Planning CommiSsion Page 2 Meeting Minutes 5/14/80 3. UP-449 - Park Saratoga .Associates, Request for Use Permit to allow A-709 - the subject site to change ownership and continue operating under UP-360 at the southeast corner of Prospect Road and Saratoga-Sunnyvale Road (Park Saratoga) and Final Design Review Approval of Building "A"; Continued from April 9, 1980 Staff reported that the applicant has not as yet submitted revised plans. The public hearing was reopened at 7:43 p.m. Since no one appeared, it was directed that this matter be continued to a Committee-of-the-Whole session on June 3, 1980 and the regular meeting of June 11, 1980. 4. UP=452 Abel Carreia (Saratoga Foothills Corp.), 12299 Saratoga-Sunny- SDR-1439 - vale Road, Request for a Use Permit and Tentative Building Site A-710 - Approval to allow the construction of 29 condominium units, and Final Design Review Approval; continued from April 23, 1980 Staff explained that this had been continued from the April 23, 1980 meeting, and at that time the Commission sought information from the applicant regarding the location of the main structure of Hubbard ~nd Johnson in front and its relationship to the proposed condominium project. noted that the requested noise study had been. completed. Staff described the proposal and stated that they are in the process of finding several con- dominium projects within the area which the Commission can study to evaluate some of the current designs versus those that have been approved within the City of Saratoga. The public hearing was reopened at 7:47 p.m. Russ Crowther, Norada Court, spoke on behalf of the Arguello Homeowners Association. The access for this project was discussed. Chairman Laden indicated that the noise study received from the consultant did address the possibility of an acoustical wall, and it might be a con- dition that the Planning Commission will consider. Mr. Crowther stated that they were not so concerned about an acoustical wall as an access wall, because there is an open area along side of the railroad tracks along Arguello that could possibly become a parking area for the units. Chairman Laden explained that the traffic will all be accessed out to Saratoga-Sunnyvale Road. Mr. Crowther stated ~hat a wall would probably be necessary to prevent use of that open area for parking. He explained that there is a curve right.next to the tracks and it is a dangerous area; if Cars parked in that area it would create a traffic hazard. Commissioner Siegfried commented that he understood the concern about park- ing but did not particularly favor walls unless they are really necessary. It was determined that some kind of physical barrier should be considered. Regarding the use of this site, Mr. Crowther stated that their main concern was density and the problems that could occur with parking and low quality development. Mr. Lohr, the applicant, explained that the acreage of the site that had been calculated included the land area across the creek. Andrew Beverett, 19597 Via Monte, discussed desirable social goals. He explained that he felt certain social groups are greatly under-represented in Saratoga, due in great part to a lack of housing opportunity, i.e., single citizens, young marrieds, widows, and working mothers. He stated that they believe that groups of this sort are needed to provide Saratoga with a desirable balance in population, and to that extent the availability of more housing of the sort represented here is a desirable thing. - 2 - Planning Commission Page 3 .Meeting Minutes 5/14/80 UP-452 SDR-1439 - A-710 (cont.) The improvements along Saratoga-Sunnyvale Road were discussed. It was explained that it is the intent of the City to have a frontage road running parallel to Saratoga-Sunnyvale Road on both sides of the highway, to divert some of the traffic from the commercial developments and to make the ingresses and egresses more consolidated. Mr. Lohr stated that they were planning to put in double glazed windows and would'not be putting a wall along the railroad tracks because 'of the flood control easement. He explained that the only area where a wall could be placed would be on the property as far back as the easement line. It was the consensus of the Commission that all three applications should be considered at one time, since it is a very sensitive site. Chairman Laden asked Mr. Crowther to discuss with the Arguello property owners the possibility of a fence barricade to be used on their side of the area in question to prevent parking. Mr. Lohr stated that they could fence at the end of that parking area to prevent traffic beyond the project's park- ing area. It was directed that this project be continued to the Committee-of-the-Whole on June 17, 1980 and tILe July 9, 1980 regular meeting. 5. V-523 - Nancy Barker (Feemster), 14151 Marion Road, Request for a Vari- SDR-1457 - ance to allow the construction of a single-story residence which would provide a 6' exterior side yard'where 15' is required and provide one covered parking space where two covered parking spaces are required, at 14151 Marion Road It was explained that this project had been approved in concept at a previous meeting, but the variance was changed 'from the original applica- tion and it had to be publicly noticed and opened for public hearing again. The public hearing was opened at 8:15 p.m. Since no one appeared, Com- missioner Siegfried moved, seconded by Commissioner Zambetti, to close the public ]Learing. The motion was carried unanimously. Commissioner Williams moved to approve V'j'5"23' f'o~"'~' 6" ex't~'~or""ya~d".~nd'a~"' one car garage, per Exhibit "B-4", based on the ability to make the neces- sary findings. CommisSioner Siegfried seconded the motion, which was carried unanimously. Commissioner Williams moved to approve SDR-1457 for Tentative Building Site Approval for this lot, subject to the conditions noted in the Staff Report dated April 1, 1980. Commissioner Zambetti seconded the motion, which was carried unanimously. 6. UP-454 - James Sullivan, Request for a Use Permit to allow a proposed V-526 recreational court which would provide a 2' rear yard and a 6' side yard where a minimum of 15' is required and a Variance to allow a proposed swimming pool which would provide a 12' front yard where 25' is required, at 12732 McCartysville Place Commissioners King and Williams gave reports on the on-site visit made. They explained that there is a flood control easement behind tILe property. They stated that the applicant has looked at tILe opportunity to flip-flop the pool and the recreation court, and he had pointed out that the shading of the pool would occur from that, which would prevent the use of the passive solar system that he is planning. It was indicated that the pro- posed recreation court does not have a fence. The public hearing was opened at 8:25 p.m. ~ - ~ _ ...._ .~ ~ .= .~:~, ~ ... ~ , · -. .......= ....... --- ,, ..~ '. ...... . .... ~ -- - 3 Planning Commission Page 4 Meeting Minutes 5/14/80 UP-454 and-526 (cont.) Chairman Laden asked the applicant if he could change the configuration of the pool or move it close to the ~.'~.'~-.~' and thereby eliminate the need for a variance. Mr. Sullivan stated fhat the variance was needed because the front setback overlaps the back fence setback line. Since no one else appeared, Commissioner Siegfried moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. Commissioner Siegfried commented that the report on the on-site inspection had answered all of his concerns, and he would have no problem voting for this application. Commissioner Schaefer stated that she felt the proposal looked very accepta- ble. Commissioner Laden explained that,. even though this particular yard might be conducive for a swimming pool in the front yard, she always is con- cerned about setting a precedent. She explained that the Commission had denied a number of front yard swimming pools in the City; the setback requirements are rather straightforward and she had some concerns about deviating from those, even though it is the Commission's ability to do so. Commissioner Siegfred stated that he understood her concern , and he was not in favor of variances generally and certainly not in favor of putting pools in front yards, but he felt the variance procedure fits in this particular situation, since it is a somewhat unique lot. .Commissioner Zambetti moved to approve UP-454, per Exhibit "B" and subject to the conditions in the Staff Report, which include the condition that "Prior to issuance of building permits the applicant shall revise Exhibit "B" to create a minimum 5' setback from the recreational court to the rear property line. This revision to the site plan shall be reviewed and approved by the Planning Department." Commissioner King seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve V-526, making the findings listed in the Staff Report. Commissioner Williams seconded the motion which was carried, with Commissioner Zambetti' dissenting. Chairman Laden explained that she did vote for the motion but is concerned about a precedent being set.' Discussion followed on the landscape maintenance on the exterior of this development on Saratoga-Sunnyvale Road. Mr. Sullivan stated that the homeowners were getting together to try to solve the problem. Staff was directed to review the condiFtions of the water system. 7. UP-455 - Donald Call, 14930 Montalvo Road, Request for a Use Permit to allow a proposed recreational court wh'ich would provide a 5' side and rear yard where a 20' side yard and a 15' rear yard is required, at 14930 Montalvo.Road Correspondence received on this application in favor and opposition were noted into the record. Commissioner Williams gave a report on the on-site visit made. He des- cribed the site and the proposed location of the court. He stated that it is an unique site, and the applicant's proposal seems to be the most appropriate location for the tennis court. The public hearing was opened at 8:45 p.m. Jack Christian, 20230 Bonnie Brae Way, stated he 'had submitted a petition signed by the neighbors, and he also submitted two letters in opposition - 4 - Planning Commission Page 5 'Meeting Minutes 5/14/80 UP-455 (cont.) to the recreational court. He explained that they would not like to see a relaxation of the ordinances and setback regu- lations, even though they have no difficulty with the use. He stated that he felt a precedent would be established in granting this and could open the door to other requests for abeyances which might lead to an essential change in the nature of the neighborhood.. Mr. Christian stated that he felt that, with a relatively small part of Dr. Call's land currently in use, there seems to be other possible choices for situating a recreation area on the lot without undue hardship. He urged that such a .solution be found to alleviate the need for granting any abeyance to the setback restrictions. Mr. Biliawalla, a neighbor, stated that he was in favor of the application and feels the proposed location is the best. Mr. Milo, the neighbor adjacent to Dr. Call, explained that their house is for sale; however, Dr. Call had approached them about the proposal before their home had been put up for sale, and they are in favor of it. He explained that it would be advan- tageous to the area. Dr. Call, the applicant, stated that he had discussed the pro- posal with the neighbors before applying. He agreed that it is very important to maintain the neighborhood like it is pre- sently. Dr. Call stated that he would hesitate to place the court in the old front yard, even though it would be their side yard, because there is much more of a grade there. tte described the many oak trees on the site, and stated that they impede the use of the lot for a court in other areas.' He explained that he felt this would be the best location, as the site would not be visible from either Montalvo or Hill Road; the site is secluded from being viewed from all the streets since it is heavily wooded. The narrow strip between the applicant's lot and the flag lot was discussed. Dr. Call explained that it used to be part of the estate, and when they purchased their home a developer pur- chased the 4 lots beyond, and at that time Mr. Billawalla acquired the strip along that side. Commissioner Schaefer commented that she felt the location is very good. She stated that she felt keeping the court out of the front yard on that curve is extremely important. She added that she felt that the special circumstances that exist around this house, so that the tennis court will not be that close to other actual houses, is a very definite consideration. She explained that, as far as setting a precedent, each case has to be considered individually, and that again is part of the use permit procedure. Since no one else appeared, Commissioner Siegfried moved to close the public hearing. Commissioner Zambetti seconded the motion, which was carried unanimously. Commissioner Siegfried commented that when he originally had read the proposal he was not in favor of it. After review, he added, he is inclined to vote for it, m~inly because of the odd configuration of the property behind it. He explained that, · while coming within 5 ft. of the side yard, effectively nothing can be built in either of those strips, so there is a rather large area there and the 5 ft. setback is no particular problem. He further explained that if the court were pushed further over toward Hill Avenue, that would not be to anybody's advantage, because it then becomes more visible. - 5 - Planning Commission Page 6 Meeting Minutes 5/14/80 UP-455 (cont.) Commissioner Zambetti stated that he felt the proposed location is the best for the court. He commented that he would be very concerned if it were moved out to the front lawn or the front side yard, either on Hill Avenue or Montalvo. Commissioner Zambetti added that it must be realized that there is an ad- jacent neighbor that does have a parcel that is a 35 ft. width and can not build on it; therefore, the court will have a proper setback from any type of structure or living space. Commissioner King commented that if a tennis court were to be built on the property, the proposed location would be the best. Commissioner Williams stated that this is the entrance to one of the finest streets in the City, and he would hesitate to see a tennis court going into the side yard along Hill Avenue and along the Montalvo Road side. He stated that he felt the applicant has worked out a plan very carefully that will preserve the natural setting as much as possible and preserve the natural beauty of that entrance. He added that he feels this situation is appropriate for the use permit procedure, and he moved that UP-455 be granted,'per Exhibit "B". Chairman Laden stated that she did not believe that every site in town has the ability to have a tennis court. She added that,. as she perceives this site, a variance will be needed to put a tennis court on it, and she is not sure that a court is required or even appropriate for this site. She added that maybe this is an exceptional lot, but she feels the Planning Commission has some obligation to protect the adjacent neighbors. She added that the people who purchase Mr. Milo's home may wish to expand their home, or use their back yard in some other way, and a tennis court 5 ft. from that side yard is going to have an impact on those neighbors or their choice of using their yard. Chairman Laden stated that she felt this is one of those sites that has a beautiful home and is an unusual site, and maybe the last thing it will hold is a tennis court. She added that she does not feel a tennis court is appropriate for this particular site. Commissioner Siegfried stated that ~Lihe understood her concerns and generally agrees with them. However, he added, it would be very simple to avoid a variance in this case, since Dr. Call could purchase from Mr. Billawalla'.the 35 ft. wide piece of property between the flag lot and his own, and then push the court 15 ft. into where he proposes to put the swimming pool. Commissioner Siegfried explained that he felt that would force the court into an area which makes it more visible from Hill Avenue and Montalvo, and he felt the proposed location is better. Commissioner Siegfried seconded the motion made previously by Commissioner Williams to approve UP-455. The motion was carried, with Commissioners Laden and King dissenting. Break 9:00 9:20 p.m. 8. UP-456 - St. Nicholas Church, 14220 Elva Avenue, Request for a Modification to an existing Use'Permit to allow the expansion and remodeling of the parish house residence for St. Nicholas Orthodox Church Staff explained that, under the provisions of the Zoning Ordi- nance, the Planning Commission has continuous jurisdiction over all use permits, and in 1959 the Commission granted a use permit to allow the construction of the parish house. The church is - 6 - Planning Commission Page 7 Meeting Minutes 5/14/80 UP-456 (cont.) now returning with a proposal to remove an existing carport, add a garage, and an addition of a bedroom with a bathroom. The public hearing was opened at 9:24 p.m. Since no one appeared, Commissioner Zambetti moved to close the public hearing. Commissioner Schaefer seconded the motion, which was carried unanimously. Commissioner Zambetti moved to approve UP-456, per Exhibits "B", "C" and "D", and making the necessary findings. Commissioner King seconded the motion, which was carried unanimously. 9. V-527 - Ellsworth Wyosnick, Request for a Variance to allow a proposed swimming pool and pool equipment pad to provide 8'-6" and 6' front yards respectively where 30' is required, at 14231 Hilltop. Way Staff described the proposal for the swimming pool. The public hearing was opened at 9:32 p.m. Mr. Wyosnick discussed the grading and the solar utilization, stating that his home is turned in the wrong direction to fully utilize solar panels. It was the consensus of the Commission that the matter of siting of homes in such a way that there is a roof area that is usable for solar panels should be put on an agenda for a study session. Since no one else appeared, Commissioner Zambetti moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve V-527, making the findings. Com- missioner King seconded the motion, which was carried unanimously. DESIGN REVIE~V 10. A-675 - Osterlund Enterprises, Chester Court, Tract 5924, 5 lots, Final Design Review Approval; Continued from April 23, 1980 It was directed that this item be continued to an on-site visit on May 20, 1980 and the regular meeting on May 28, 1980. 11. A-712 - Gerald Kendall/Rogers and Brook, Inc., Chester Avenue Extension near Sobey Road, Lot #2, Single-Family Residence, Final Design Review Approval Staff reported that the applicant has submitted another design, showing the preservation of the trees. The minimum access road for this develop- ment was discussed. Commissioner Siegfried moved to approve A-712, per the Staff Report dated May 7, 1980. Commissioner Zambetti seconded the motion, which was carried unanimously. MISCELLANEOUS 12. A-629 - Discussion of changes to roof material (James Rosenfeld, Big Basin Way); Continued from April 23, 1980 It was noted that a letter had been received from Chief Kraule, approving the use of the proposed roof material. Warren Heid, the architect, discussed the proposed material, stating that - 7 - Planning Commission Page 8 Meeting Minutes 5/14/80 A-629 (cont.) it is attractive, more economical, and a better fire retardant material. Commissioner Siegfried moved to approve the change in the roof material for A-629. Commissioner Williams seconded the motion, which was carried unanimously. COMMUNICATIONS Oral 1. Staff stated that they had received a request for a temporary pet clinic handling vaccinations. They stated that they would return to a future meeting with the appropriate resolution to make this an allowed temporary use. 2. City Council Report Commissioner Zambetti gave a brief report on the City Council meeting held on May 7, 1980. A copy of the minutes of this meeting is on file in the City Administration Office. 3. Chairman Laden thanked the Good Government Group for attending the meeting and serving coffee. ADJOURNMENT Commissioner Williams moved, seconded by Commissioner Zambetti, to adjourn the meeting. The motion was carried unanimously and the meeting was adjourned at 10:14 p.m. RSR:cd