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HomeMy WebLinkAbout05-12-1969 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME:. Monday, 12 May 1969, 7:30· P.M. , PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting ~ I. ROUTINE ORGANIZATION The meeting was called to order by Vice-Chairman Lively. A. ROLL CALL Present: Commissioners Bacon, Crisp, Kraus, Lively,'Metcalf, and Smith. Absent: Commissioner Norton. B. MINUTES Commissioner Smith moved, seconded by Commissioner Kruas, that the reading of the minutes of the 28 April 1969 meeting be waived and they be approved. as distributed to the Commission subject to the following changes: page 4.. .under II. F .... paragraph 2.. .line 5. . .delete the words "without increasing the size of the'.. proper~y";.and page 9. .under V. Planning Policy Committee Report.. .paragraph 1.. . "' line 2. . .change y to',~4arch";' motion carried' unanimously. II. PUBLIC HEARINGS A. V-328 - Pacific Gas and Electric, Kittridge Road - Request for Variance. in Connection with Underground: Electric Facilities - Continued from 28 April 1969 , The hearing relative to V-328.was re-opened at 7:37 P.Mo The Secretary' ........................... · stated nothing new had been a~ded to the file. The aPpli6~nf~was present and stated he had no further comments. No one in the audience wished to offer any remarks relative to the subject appli- cation. The Secretary read the Staff Report· dated 12 May 1969 recommending that the Variance requested in connection with V-328 be granted. Commissioner Metcalf stated that 1): the principle reason for recommending the Variance (V-328) for approval and not requiring PG&E to put the subject · lines underground is that the area is subject to slides and 2) would it not be feasible to add a condition to the staff Report requiring the lines to go underground when Kittridge Road is ;improved. Commissinner Crisp stated that 1) it would be impractical to make such a request and 2) the Variance Committee would not recommend approval of the requested Variance if·there were another alternative. Commissioner Kraus stated that the ~ariance Committee did make an on-site inspectiop of this area and found K'ittridge Road to be in terrible condition; there- 'fore, any trenching to install~ underground lines would cause additional sliding. Commissioner Crisp moved, seconded by Commissioner Kraus, to close the hearing relative to V-328 at 7:43 P.'M.; mot.ion carried unanimously. p. lannin$ Commission Minutes - 12 May 1969 ~ Continued II. A. V-328 - Continued Commissioner Crisp moved, seconded. by Commissioner Kraufs, that the Variance Committee Report dated 12 May 196~ be adopted and the subject request for a Variance in connection with insfallation of 12 KV transmission lines and poles on Kittridge Road be granted since the findings required by Section 17.6 of Ordinance NS-3 can be mad~ for the reasons stated in said report; motion carried unanimously. B. SLOPE DENSITY ORDINANCE - Revision to Ordinance NS-5.8, the Subdivision OrdinanCe of the City of Saratoga and Ordinance NS-3, S<ction 4.2 and Section 4.5d, Zoning Ordi- nance of the City of Saratoga Relative to Slope Density:Regulations for Hillside Residential Development Chairman Lively re'opened the 'hearing a~"7i'~4'P~Mi nothing new had been ·added to the file. Commissioner Smith stated that 1):the Subdivision Committee met with Mr. Richard Bennett, former Planning Commissioner 2) in view of some of the proposals suggested by Mr. Bennett a special study session should be scheduled for further study of the subject ordinance 3) the study session should be artended by the entire Commission 4) the proposed ordinance in its present form does not cover a number of things an~ 5) some exceptions should·be allowed in the ordinance for a site where the terrain is naturally suitable for construction of a house and the rest of the lot might be quite steep, and the lot would be unbui!dable unless some type of provision is made for exception. No one in the audience offered anT comments. Commissioner Lively closed the hearing at 7:49 P.M.,: directed the matter continued to the next regular meet~ing and referred the matter to the Sub- division Committee for further stRdy. C. UP-167 - Richard L. Stevenson,' Sar~togaiSunnyvale Road - Request for Use Permit to Allow a Glass and Screen Sh'op The hearing relative to UP-167 was opened at=7:50 P.M. The Secretary stated the Notice of Hearing was mailed and briefly reviewed this application. The Secretary read the Staff Repor2t recommending that the subject Use Permit be granted. , Commissioner Crisp recommended that a Condition "3" be added to the subject report as follows: "3. Location restricted! to area shown on Exhibit "A" in file UP-167." The applicant was present and stated 1) he will do some limited repair work and light manufacturing of screens in the shop; however, most of the work will be done off the premises2 on the job location 2) he would be involved in installation and repair of car glass and 3) he hoped to go into commercial glass work at a la2ter date, but did not have the proper license to do so at this time. The Secretary, in answer to an'inqUiry from Commissioner Kraus stated that the proposed location for the glass shop does provide access and indoor parking of cars for repair purposeb. The applicant' stated that the subject building did have a 10-foot overhead garage door. ~ Commissioner Crisp advised that the subject building was originally designed I· as a warehouse.. .Plannin~ Con~nission Minutes - 12 May 1969 ~ Continued II. C. UP-167 - Continued At 7:56 P.M. Commissioner Smith mQved, seconded by Commissioner Crisp, to .close the hearing relative to UP-i67. Commissioner Smith moved, seconded by Commissioner Bacon, that the Staff Report dated 12 May 1969 be adopte'd, as amended, and the Use Permit (UP-167) to allow a glass and screen shop be granted subject to the conditions stated' in said report; motion carried unanimously. III. BUILDING SITES AND SUBDIVISIONS A. SD-808 -,C. L. Longson, Michaels ~rive - Subdivision Approval - 10 Lots · - Continued from 28 April~ 1969 The applicant. Was present and stat'ed he had reviewed the proposed conditions of approva~l and expressed satisfaction of same. The Secretary read a communicatio~ received from the applicant explaining that for various reasons their sa~es program did not move along as planned for the 'first unit of this subdivision; therefore, the originally approved tentative map was allowed to expire. CommiSSiOner Smith stated that 1) zthe SubdiVision'Committee did meet 'the applicant and many points were. clarified'2) almost all of the lots are in excess of the required 40,000 Square feet 3) the applicant submitted a map showing a possible rearrangeme,nt of grading areasland 4) the Subdivision Committee has given this application a great deal of study and under the pre- sent ordinance the applicant fulfills all requirements that are necessary. Commissioner Metcalf stated that in the minutes of the meeting of 28 April 1969 it is stated that the Subdivision Committee would consult with the subdivider relative to reducing t~e number of lots proposed for the subject subdivision. : ,, Commissioner Smith stated that tbel Committee did discuss,,:with the applicant, the proposal for reducing the number of lots but found that it would not be appropriate to impose this requirement because the proposed lots have reason- able slopes at the building ~rea with'grading '(cut and fill) held to a minimum and other features of site development proposed, such as, d~iveway accesses, grades, reduced pad sizes and type's of construction were adequate· Commissioner Crisp stated that 1) i the slope density ordinance cannot be applied until it is adopted 2) a~ter thorough study by the Subdivision Committee it is their opinion that' the proposed subdivision' (SD-808) will be one of the better ones in the S'aratoga area. Commissioner Smith moved, seconded. by Commissioner Crisp, that the Subdivision Committee Report dated 12 ~y 19691 relative to SD-808 be__a&~Rted and that the conditions set forth in said reporlt; motion e 1 Commlss£on~r' 'Me'~'C~lf expressed 'disappointment 'at t'h~" fact 'tha~ hillside appli- 'cations ar~ being approVed without being ~equir.~d.Tto_ COmplY with th~..prgppsed .... slope denSi~y"'grdinance and statea it was his feeling t~at ~ study session should b:- arranged in the very near future. B. SDR-811 - Donald Barnett, Via Regina - Building Site Approval - 1 Lot - Continued from 28 April 1969 The applicant was present and after reviewing the proposed conditions of approval he question Condition II-B of the Building Site Committe Report dated 12 May 1969. Commissioner Smith stated that the 18-foot corridor required' in Condit'ion II-B' .is a Fire Department requirement. -3:- Plannin,~ Commission nUtes - 12 May 1969 - Continued III. B. SDR-811 - Continued Commissioner Crisp stated that the if the Fire.Department must go into' ~hi·s 8ire .~z'and·.'someone needs an ambulance the vehicles could not pass one another'if the corridor were not 18-feet wide. The Secretary stated that Condition "~' should be added to the Building Site Committee Report dated 12 May 1969 as follows: · ' "M. Maximum slope of access road shall 'not be·'g~eater than 15% or as idrected by DireCtor of Public Works." '}~. Barnett stated 'that.' .... the ·first leg of this road is quite steep and 'the~e would be a prgbl'e~'C'~nstru~ting the required 18-foot wide road. The Secretary stated that Mr. Barnett can ·sUbmit a written request to the Planning Commission for reconsideration of Condition II-B of the·Building Site Committee Report dated 12 M~y 1969. Mr. Barnett agreed that he would submit a written request for reconsideration. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report of 12 May 1969 relative to SDR-811 be adopted and that the tentative map (Exhibit "A-2'~, filed 12 ~y 1969) be approved subject to the conditions set forth in said report; motion carried unanimously. ~· 'C. SD-812 - Franklin Homes, Sevilla ZLane and Sarahills ~oad - Subdivision Approval - 7 Lots - Continued from 28·April 1969 The Secretary stated that 1) th~s matter had be~n continued from the meeting of 28 April 1969 in order% to resolve, with the Director of Public · · Works, if Condition 7 of the Subdivision Committee Report'relatiVe to SD-812 should be imposed and 2) after review i't is the recommendation of the Public Works Director that Condition 7 s,hould be imposed.= Commissioner Smith moved, seconded by Commissioner Bacon, that the Subdivision Commfttee Report of 12 May 1969 relative·to SD-812 be adopted and that the tentative map (Exhibit "A", filed 3 April 1969) be approved Subject to the conditions set forth in said 'report; motion darried unanimously. D. SDR-814 - Richard Ballin, Glen una Drive - Building Site Approval - 1 Lot - Continued from 28 April% 1969 The applicant was present and staled he had reviewed the proposed conditions of·approval and expressed satisfaction of same. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site· Committee Report of 12 May 1969 relative to SDR-814 be adopted and that the tentative map (Exhibit "A", f~led 4 April 1969) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-816 - Roy Kosich, Radoyka DriVe - Building Site Approval - 2 Lots The applicant was present and stated he had reviewed the proposed conditions of approval and expressed s ~sfaCt~on of same. at' " Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report of 12 Fmy 1969 relative to SDR-816 be adopted and that the tentative map (Exhibit "A", filed 2 May 1969) be approved subject to the conditions set forth in said report; motion carr·ied unanimously. IV. DESIGN REVIEW A. A-313 - Cupertino Union School District, DeSanka and Goleta Avenues - Final Design Review - Elementary School Commissioner Metcalf briefly reviewed this application. The Assistant Planner read the staff Report dated 12 May 1969 recommending'that Final Design Approval be granted· for A-313. -4- Planning Commission Minutes - 12 May 1969 ~ Continued IV. A. A-313 - Continued Commissioner Smith recommended that'a condition be added to the Staff?. Rep6rt requiring the re'moval of the .portable building by a specified date. Commissioner Crisp stated that th~ City has little power over schools and would have a problem enforcing such a condition. The Secretary stated that the schools usually use these buildings as supplementary rooms and the City has very little control over the matter. Commissioner Metcalf agreed that Condition "d" should be added to the subject Staff Report as follows: "d. Portables to be removed from school site with the completion of permanent school building or by September, 1970; whichever is sooner." Commissioner' Metcalf moved, seconded by Commissioner Kraus, that the Staff' Report dated 12 May 1969 be adopteld, as amended, and that Final Design Approval be granted for A-313 on the basis of Exhibit "A" and subject to the conditions stated in said rep~ort; motion carried unanimously. B. SUGGESTED AMENDMENT TO ZONING ORDINANCE CONCERNING DESIGN STANDARDS FOR RESIDENTIAL DISTRICTS Commissioner Metcalf stated that 1) the Design Review Committee has studied .. the matter of Cur~red"driveways and a Staff Report has been'prepared reflecting the Committee's thinking on the subject and 2) presently the ordinance states that all subdivisions must provid& 25% of the houses in the subdivision with cU.r. yed driveways with the garage ~facing to the .side. The Assistant Planner read the St~ff Report dated 12 May 1969 recommending. that Subsection (a) of Section 13~3-1 of Article 13 of Ordinance NS-3, the Zoning Ordinance, be amended to read- as follows: 1) In accordance with ~he following schedule, a minimum of the driveways shall be curved withi: '- garages facing the ~ide: R-l-10,000 - 25%. R-1-12,500 - 30% / "' ., R-l-15,000 - 40% R-1-20,O00 - 50%" R-1-40,000 -100% Commissioner Smith 1) stated that the way the amendment iS presen_tly proposed it would prohibit anyone. from having a garage that would open_ to the rear of the lot and 2) recommended that the words "or rear" be added to the end of sentence No.(i) of the subject amendment. Commissioner Metcalf moved, seconded by Commissioner Kraus, that the Staff Report dated 12 May 1969 relative', to Design Standards for Residential Districts ..... be adopted ,_..a_s.._ame..n_de.d, ._and t_.h_a_t.._.=~__h_~' Staff be directed to .conS_u!~..._W~_t..h_._t_h_.e_..C._i_ty. Attorney for drafting .~f _.an ordin,~nce .amendment. in acCordanCe._wi.t._h s.aid ..rep._o.r_t; 'motion carried unanim0.p.sly.' ~ RECESS AND RECONVENE V. CITY COUNCIL REPORT Chairman' Lively gave a summary of items reviewed and action taken at the City Council meeting of 7 May 1969, with e~nphasis on items of particular interest to the Commission. . PlanninS Commission Minutes - 12 May 1969 -! Continued VI. OLD BUSINESS .. A. SARATOGA FOOTHILLS - PARK AND RECR'EATION.FEE - City Council Request for Recommendation Commissioner Smith stated that 1) the Subdivision Committee did meet with the Council Committee and they indicated they. were interested in obtaining some guide lines relativ~ to when'and under what circumstances should the provision of Park and Recreation facilities be credited against the Park and Recreation fee paid by the developer and 2) the matter should be continued to allow time to meet with the' Council Committee again'for further discussion. ' ........... Chairman Lively so directed. B. SAM HERNANDEZ, Big Basin Way - ReqUest for Modification of Change of Zoning (John Irwin - C-121) Commissioner Smith stated that Mr.!Hernandez's request to rezone his property back to "P-A" has been considered by the Subdivision Committee. The Secretary read the Staff Report dated 12 May 1969 recommending that the Planning Commission initiate a change of zoning to zone the surrounding area (around the Hernandez property) to.bring the entire area into conformance with the General Plan and make the zoning compatible with ~he immediate area's development. Commissioner Crisp moved, seconded;by Commissioner Smith, to adopt the Staff Report dated 12 May 1969 and to recommend that th~ City initiate change of zoning to fezone the properties remaining in the "P-A" Zoning to "C-T'; motion carried unanimously. ; . . VII. NEW BUSINESS ' ~, = .. A. UP-149 - James Day, SaratoSa Avenue - Request for Extension The Secretary briefly reviewed this application and read the Staff Report dated 12 May 1969 recommending that a one year extension t'o=13 May 1970 be granted for UP-149. Commissioner Smith recommended that an additional paragraph should be added to the subject Staff Report as follows: 1) Illumination of the premises shall be limited to that which iS reasonable and proper for a private residence. Commissioner Smith moved, seconded by Commissioner Metcalf. to adopt, as amended. the.Staff Report dated 12 May 1969 and to grant an extension of one year for UP-149 making the expiration date 13 May 1970; motion carried unanimously. . B. SDR-701 - George Thayer, Pierce Ro~d - Request for Reconsideration of Conditions ' ..- .' The Secretary explained that 1) the original condition of Building Site Approval was to premit driveway access off of the end of the cul-de-sac and 2) the applicant's architect has proposed that it would be better to bring the driveway off of the minimum access road rather than off of the Vaquero Court cul-de-sac. Commissioner Smith stated that the !Subdivision Committee has reviewed this matter with the applicant and it ~as foun~ that thej'applicant would deprive himself of access to a fourth lot {f this'driVeway access is relocat.ed; however ther'e is a chance that access to the fourth lot is possible from Quarry Road. Planning Commission Minutes - 12 May 1969 ~ Continued VII. B. SDR-701,- Continued Mr. Thayer, the applicant, stated that 1) this entire hill area is a problem 2) the most suitable method of constructin-~ a driveway would be to enter on the serv{ce road to the lower parcels 3) construction of a driveway adjacent to the pri. vat·e road would be very costly to the natural beauty and would create a potentially dangerous corner and 4) he (the applicant) would agree to continue this matter to allow time for further discussion with the Subdivision Committee and the Director of Public Works. The Secretary stated that a Staff Report had been prepared but in view of the aforementioned facts Zhe would recommend that a new report be prepared and the matter ·continued to the next regular meeting. Chairman LiVely so directed and r. eferred the matter to the Subdivision Committee for further study. C. ACCESSORY STRUCTURES The SeCretary stated that 1) at the City Council meeting of 7 May 1969 a letter was submitted by Mr. Norman J. Martin (Prides Crossing Homeowner'·s Association) expressing concern over the ·permissiveness"of'the City in' constructing accessory buildings in the required rear yard and 2) Mr. }~rtin felt that permitting the accessory structures is inconsistent with the policy relative to turning down Variances.. Commissioner Crisp 1) read a rough draft of a recommendation stating that no accessory structure should be closer than 10-feet to a side property line or 25-feet to a rear propert~ line 2) stated that swimming pools, cabanas or structures required for the servicing of such pools might be excepted from this requirement and 3) advised that if this recommendation is adopted a public hearing would'be required. Commissioner Metcalf stated that ~he rear setback should depend on the · · size of the lot and he felt 25-feet for a rear yard setback may be too much and' that 15-feet might be more realistic. The Secretary stated the recommendation introduced by Commissioner Crisp would limit anyone from getting closer than 10-feet to the property line and would reduce the 14-foot high .structure (presently allowed) which is almost a 2-story structure. "Mr. Martin stated that 1) he agreZed with the Variance Committee relative to den~ing"'the"K~ne~""Va~'i~n'Ce (V-326.); ~owe'Ve~,""t~i~ very same structure could be put on the very same spot on the same property lines and it could be done without a Variance 2) most areas have deed restrictions and two-and-one-half year~ ago someone in his neighborhood was taken to court and the deed restrictions were'upheld 3) the Prides Crossing Homeowner's Association cannot afford to contribute any money toward taking such violations to court and private affected citizens cannot always afford to do so and 4) he ·felt it is the duty of the City to promptly adopt an ordinance relative to controlling accessory structures. , Chairman Lively stated that the ma~tter should be referred to the Subdivision Committee for further study. '. Mr. Martin submitted exhibits showing accessory structures being built in his area the_ were 10-feet from the property line and 14-feet in height causing a very unsightly appearance. PlanninK Commission Minutes - 12 F~y 1969 ~ Continued V I I I. COM}fONI CAT IONS A. WRITTEN · · 1. V-314 - Larry G. Swenson, B~hlman Road - Request for Reinstatement The Secretary 1) read a request from Mr. Fuelling (new owner of Swenson property) requesting reinstatement of V-314 and 2) recommended that the matter be referredzto the Variance Committee for study. Commissioner Smith stated that the floods the past winter washed out quite a bit of this lot, Commissioner Crisp stated that the Variance Committee should make another on-site inspection of'the subject property. Chairman Lively recommended ~that Mr. Fuelling be requested to re-apply for the subject Variance since it will have to be'processed as a new application. 2. HERRIFU~NAVENINE EXTENSION " The Secretary read a communication received from Mr. and Mrs. Gene Herman requesting the Planning Commission to recommend against the extension of Herriman Avenue at the time of the General Plan Review. .Commissioner Lively referred· the communication to the General Plan Committee for study. s. 'H0usIN ' 'FoR 'LOW' I COME FAM L SS The Secretary stated that a letter had been received from~ir. Paul·· Kelker and one from Mr. Georke Fitsos opposing any zoning changes in the City of Saratoga to accomodate :10w income Eamilies. " .. 4. CALABAZAS CREEK The Secretary read a letter received from R. F. Sheffield expressing concern in connection with S~nta Clara County Flood 'Cbntrol plans.to convert Calabazas Creek to a'sterile conrete trapazoidal canal. The Secretary then stated that'l) this matter should be clarifig'd"~'ith Flood Control 2) the City has never established any firm rules with· the Flood Control people relative to the conversion of the creeks; however, there has always existed an agreement with Flood Control for a mutual cooperation and 3) .it is Flood Control's job to convert the creek to the most suitable h~draulic channel they can devise. co=issioner Metcalf stated hat it' i " Wa"City's're pons'iBn' tyj"t '" ' preserve the rural atomspher~ of th~'C'i't'y.' Chairman Lively directed the%Secretary to find out from Flood Control what their plans are for Cal~bazas Creek for the next few years. B. ORAL , '.'.:' '.. 1. HILLSIDE DEVELOPMENTS - OTHE~ CITIES Chairman Lively stated that Commissioner Bacon mentioned to him that' perhaps the Staff might writ~ to other Cities (including San Luis Obispo).regarding slope density or hillside lots. -8- Planning Commission Minutes - 12 May 1969 -' Continued VIII.· B. 1. HILLSIDE - Continued The Secretary stated that the Staff has already written to some Cities and will forward a letter to San Luis Obispo. Commissioner Crisp stated that 1) in some areas of the valley the hillside lots have been developed as cluster developments 2) the property required by the zoning'in the area, is provided and the property is developed as follows: EXAMPLE Enough property for fifty (50) acre sites is provided but only ten (10) acres of the pro- perty is suitable for building; therefore, the homes are clustered on the subject ten (10) acres and the remaining area will be left in its natural ~tate. · · 2. GUESTS Chairman Lively ackn0wledged'i with 'p'ie~Ure, th·e presence of Councilman Sanders, Mrs. Owen and Mr. Marshall 'Of·the Good Government'Group, Mrs Ottenberg of the League of Women Voters and Mr. Norman Martin of the Prides Crossing' Homeowner's Association. He, also, thanked Mrs. Owen for the. coffee served at recess. IX. ADJOURNMENT Chairman Lively declared the meeting zadjourned at 10:05 P.M. ' Respectfully submitted, .= .;. ,..,,./.. .~ ..~."o ~.:.-. . ~..'..~.'~ ~.~-~,. ,:.~ ~.~f,,.., .... .:. ..'....,.~ ... ,....,~.,~/. ..,.'....~ Stanley M; WalRer, Secretary Saratoga Plan~ing Commission j