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HomeMy WebLinkAbout09-27-1971 Planning Commission Minutes (2) CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME: Monday, 27 September 1971, 7:30 P.M. PLACE: ·City Council Chambers, 13777 Fruitvale AvenUe, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION The meeting was called to order by Chairman Lively at 7:30 P.M. A. ROLL CALL Present: Commissioners Fagan, Kraus, Lively, Martin, Marshall, Metcalf, and Smith. Absent: None. B. MINUTES Commissioner Smith moved, seconded by Commissioner KraUs, that the reading of the minutes of 13 September 1971 meeting be waived and they be approved as distributed; motion carried unanimously. II. PUBLIC HEARINGS A. C-147 - Clifford C. Beck, Saratoga Avenue and Cox - Request for Change '.' of Zoning from "R-l-10,000" (Single-Family Residential) to "P-A" (Professional-Administrative) - Continued from 13 September 1971 The Secretary stated there was no reason to open the public hearing relative to C-147 since any discussion of the matter is contingent upon City Council adoption of the 1971 General Plan. The applicant was not present and no one in the audience wished to comment relative to C-147. Chairman Lively did not open the hearing, and directed the hearing relative to C-147 continued to the next regular meeting and referred same to the Subdivision Committee.. ., B. C-148 - George W. Day, Fruitvale Avenue and DougIas- Request for Change of Zoning from "A" (Agricultural) to "R-I-40,000" "P-C" (Single-Family Residential Planned-Community) - Continued from 13 September 1971 Chairman Lively directed that all comments made relative to C-148 also apply to C-149 the next item listed on the agenda and pertinent to change of zoning application for C-148. Chairman Lively reopened the hearing ~elative to C-148 at 7:37 P.M. Mr. Otto SchmaelZle, 14401 Nutwood Lane, stated he.mailed a memo to each individual Commissioner and the Planning Director stating objections to the proposed change of zoning. He then submitted a petition signed by seventy six (76) residents of the subject area .·and further stated that of the total eighty (80) acres involved forty one =(41) acres belong to the people objecting to the change of zoning and t~e other thirty nine (39) acres belong to the applicant. Chairman Lively stated that he did receive the memo referred to by Mr. Schmaelzle and he felt that some of the informati~·n contained therein was less than accurate; therefore,'he would ask the Planning Director to present the necessary maps at this time and expl. ain the particulars relative to the particular "P-C" zoning request. ~e further stated that 1) the subject property was designated for a CentL~al Park and it was considered that, perhaps, "P-C" zoning or open-space might be a better use for the said property and that is the only rea~son for the proposed ~h=~ ~f ~ ~quesC ma~e Dy Mr. Day ~G-148) a~d the City o~ Saratoga (C-149). -1- Planning Commission Minutes - 27 September 1971 - Continued II.. B. C-148 - Continued Chairman Lively further stated that 1) the intent of the "P-C" zoning Is not to force residents of the area to sell their property 2) the building sites.'under-a "P-C" zoning would be half-acre sites but the remainders of the property (the other half acre) would be put into open-space and would therefore create. less building-sites than under regular development of "R-I-40,000" (Single-Family Residential) and 3) the traffic in the area will be the same with a "P-C" community as it would be with straight acre-zoning. The Secretary stated that 1) the area under discussion is the eighty (80) acres bounded on the North by the Redwood School, Fruitvale Avenue on the East, Douglass Lane on the South and Wildcat Creek on the West "- 2) the City's original intent for this area was for a 30-acre Central. .~ .Park and then have straight "R-i-40,000" zoning for the remainder of the area 3) the applicant,. George Day, originally presented a map for straight "R-I-40,000" zoning for his property 4} in discussing the development of'the straight acre-zoning with Mr. ~eto (General Manager for George Day and Company) the possibility of a "P-C" development was brought up 5) the City has had the "P-C" ordinance on the books for ....................... many years 6) two "P-C" developments have been approved in the past .. neither of which have even been developed 7) the 'idea behind "P-C" i~ to'cluster buildings in one area on slightly ~naller sites and leave the balance of the property as open-space ~r common green; which can be left in its natural state.or developed with co~f~nity buildings and swimming pools or landscaped and used by the people residing in the "P-C" development 8) the intent in this case would be to develop 65 to 69 "building sites and then have thirty (30) acres of common-green area 9) everyone in the development would be responsible for maintenance of the co~laf~on green area 10) the advantage of a ~ommon-green area is that more interesting street patterns can be developed and common-green areas would be available to everyone in the development 11) the disadvantage would be to insure that the common-green area wo~ld be maintained forever and that historically people like to have their ~n residential lots and not be involved with.other people in utilization ~'f the common-green area 12) a standard subdivision would yield very close to the same number of lots as a "P-C" - maybe more 13) an effort would be made to have all the residences accessible to all common-green areas 14) these ideas were developed working with the applicant and Mr. Beck (Park Consultant) and 15) some "P-C" developments in other areas show ~ery small building- sites with more interesting street patterns and m~ch more open-space but it was felt that for this property one-halfa~re lots were large enough for the average type home.~Ua!ly. f0Un~...~__~h~_.a¢.~~ _~.o~e~ ......... and still give enough yard space and have one-third of the area remain as common-green. Mr. Leto, General Manager for GeOrge Day, in ans~rer to an inquiry, stated that the homes for the proposed development will ~e priced at approximately $75,000. and on upland will be individual custom-built homes. Chairman Lively, in answer to an inquiry from a member of the audience, stated that there would be the same number 6f chilIdren in a regular ........ "R-I-40,000" development as in the proposed "R-I-40,000" "P-C" since' "' the.number of houses will not be increased and wo~td still be only one house per acre, but the homes would be clustered in one area on one-half acre sites. Mr. James C. Creel, 14230 Douglass Lane, stated t~at he lived on Douglass Lane and is concerned with the increase in traffic on this street and there has been no mention made of any improvements for Douglass in conjunc- tion with this development. The Secretary stated that assuming that some property would be developed then some portions of Douglass would have to be improved. -2- Plannin~ Commission Minutes - 27 September 1971 - Continued II. B. C-148 - Continued Reverend Roy W. Strasburger, 3 Quail Acres, stated that 1) he did not feel that the area should be rezoned to "P-~' since no one other than George Day and the City has requested a ch~ge from the "A" or "R-I-40,000" zoning in the area and 2) on the binIsis of land costs in this area the figure of $75,000. per dwelling ~quoted by Mr. Leto seems a little low. Chairman Lively explained that this request for·m "P-C" development differs greatly from a previous "P-C" applicaticmmwhich gave the visual impact of one-half acre zoning throughout the en~rire development. Commissioner Martin explained that another adva~jt~age of a "P-C" zoning· is that the City would have complete control of g~chitectural design and landscape design. Jenny Pulver, Nutwood Lane, stated that 1) her' ~amily recently moved to Saratoga from Cupertino and did so because the. y desired to live on an acre of their own land 2) an acre building-s~e is now difficult to find in Santa Clara County and 3) she felt it was very important to maintain the quality of zoning as it now exis~t:s in the subject area. Mr.·Vartkes Miroyan,,14497·Nutwood Lane, stated ~3aat 1) he has lived at his Nutwood Lane residence for three years 2) he has experienced developments of this type from the standpoint of ~eal-estate and law practice for fifteen years 3) this business of ~ommon-green being maintained by the residents of the development is'really a great deal of wishful··th·inking 4) in his numerous experiences he has h~d with common-green developments the maintenance has al.~ays been a problem 5) a common-green area would simply provide a p~ace for loitering 6) he called the City a number of times and ple~'~ed to have a lot of dirt and debris removed that had been piled b~ind his home by George Day 7) he would like George Day to show ~m a single home they will sell for $75,000. in their developmentz ~n Farwell Avenue 8) under the proposed "P-C" program the developmsnt would devaluate the subject property and other properties in the ;area 9) the traffic pattern that this development wo~ld create woul~ ~·e hazardous for buses and the schools in the area 10) the West ~alley Junior College provides a common-green area which is seldom use~ ·iby anyone and 11) he paid a considerable amount of money for his home~and would not like to see a decrease in value because of the proposed ~evelopment. Mr. Don Hershell, representing the property owner .at 19570 Douglass Lane, stated that 1) his client is opposed to tS~e proposed change of zoning since he feels the zoning would cause vast ~economic erosion 2) because of the decreased lot sizes. property ~atues would drop -and 3) his client (Mr. Bailey) intends to·build. Ibis personal residence in this area at a cost of approximately $250,000.. :·and therefore he feels that any type of "P-C" concept would seriously e~.de his property and create a "white elephant" in the area and requests that the subject request for change of zoning be denied. Commissioner Martin stated that the common-green.~a.rea would be entirely maintained by the people living in the developmerit and if it is not then the City would take over and via taxation of ~the property owners involved the City would maintain the area. Reverend Strasburger stated that 1) he is opposm~ to the "P-C" zoning proposal 2) the common-green area would be almost unpoliceable and 3) the common-green area would only attract people that ~id not belong there at all. Commissioner Metcalf explained that the only other alternative for a portion of this property would be a Central Park. Reverend Strasburger stated that a park would be ibis first preference for this property and his second choice would be ~'o have the zoning remain "R-1-40,O00" (Single-Family Residential).· -3- Planning Commission Minutes - 27 September 1971 - Continued II. B.· C-148 - Continued Mr. George Simpson, 19742 Douglass Lane,. stated he ·is a new property owner in this area and he has not heard one arg~ent that makes him in favor· of the proposed "P-C" zoning. Mr. Leto stated 1) he would like to clarify a ~ew points and go back and explain the original application submit~,ed by the applicant 2) the original application was for straight "~-1~1-40,000" subdivision but the City of Saratoga felt that the property-,~ould be ideal for a "P-C" development; therefore, the applicant went through the time and expense and had maps drawn for a "P-C" devel0pm~rt 2) the applicant made it known at that time that he did not want~ [~,o experience the same problems as another developer who proposed a "P-<C!'' development on Fruitvale Avenue and then the plan was never ·accepted by the City and the zoning was left as "R-I-40,000" 3) it makes 'very littie difference to the applicant under which zoning the property ris developed and 4) he feels the City should take the responsibility am~ say that it is the City who is promoting a "P-C" development for t'.I~i-s area. Mr. John Powers, 14101 Shadow Oaks Way, stated tS~·at he is concerned about the accidents that could occur on the unin~p,roved portion of Douglass as a result of the increased traffic if ~this development is approved. Chairman Lively stated 1) ' the applicant has beem ·~ery patient ..... the processing and hearings of this entire matt-------------------~r 2) 'the representatives of some of the other property owners in this area recently proposed "R-I-20.000" (Single-Family Residential) zoning Nor this area and/or . a park and 3) on the basis of these requests tSE City decided to look into a long-range plan for development of ~,~is area that would be beneficial to the City and so all the Sacks ~f the houses would not back up to one street like they do on Cox'A~nUe. Commissioner Marshall suggested that 1) the Sec~etary be requested to write an answer to the communication submitte°~ ·bY Mr. Schmaelzle which contains erroneous statements and 2) the· ,~.~ecretary could supply Mr. Schmaelzle with the factual material. Commissioner Smith stated that the petition subn~Lit. ted states the objections of the residents of the area, but it ~de·es not contain any of the inaccuracies contained in· the letter ~s~bmitted by Mr. Schmaelzle. Commissioner Kraus stated that while he did not· Eeel it was necessary for the Secretary to answer the ·letter received L~om Fir. Schmaelzle he did feel there were many inaccuracies stated z~,n the subject communication. Commissioner Fagan stated that 1) the Subdivision Committee did encourage and request the applicant, George Day. ·~to request "P-C" zoning for this property instead of the ordinary grid· of lots 2) the General Plan shows a park in this area ~i)) the "P-C" approach is something in the middle of the park and grid-~[ot appearance 4) under the "P-C" proposal green area would be ,'.adjacent to Fruitvale Avenue ·and wouId be very attractive for the co~,,.~nity of Saratoga ....... 5). there are inaccuracies in the communication. submitted by Mr. SChmaelzle 6) the City should go on record and· may that the City did encourage the applicant to try for a "P-C" d~e,velopment on the grounds that it was felt by the City that this t~pe of development would provide something more attractive than the ~ordinary grid development. Commissioner Martin stated he would like to go ~m record as being opposed to the statements made in the letter submitted BSy ·Mr. Schmaelzle since many of them were not factual. Commissioner Smith stated that he felt the Schma'c~,lzle letter containing the erroneous information should not be made a mantter of public record. -4- Pla~nin~ Commission Minutes - 27 September 1971 - Continued II. B. C~148 - Continued Chairman Lively directed that the letter be left unanswered and not be considered a matter of public record and that the petition submitted stating the official objections of the residents of the area be made' a matter of permanent record. He then closed the hearing for the evening at 8:48 P.M., directed C-148 continued to the next regular meeting and referred same to the Subdivision Committee. C. C-149 - City of Saratoga, Fruitvale Avenue and Douglass - Request for Change of Zoning from "A" (Agricultural) to "R-I-40,000" "P-C" (Single-Family Residential Planned-Community) - Continued from 13 September 1971 Chairman Lively reopened the he~ring at 8:49 P.M. and directed that all comments made relative to C-149, also, be recorded and applied as part of the foregoing hearing for C-148. C~m~issioner Smith, in answer to an inquiry from Reverend Strasburger, stated that 1) the Subdivision Committee has spoken in favor of this change of zoning 2) at two previous public hearings representatives of other property owners in this area strongly suggested that this area not be developed under the "R-I-40,000" (Single-Family Residential) lots because of the college and.because of the economic situation and so in order to avoid a "hodge podge" development for the total eighty acres a "P-C" development has been proposed and 3) the representatives of other property owners in the area suggested "R-I-20,000" (Single-Family Residential) zoning or a park site for the area. '. Reverend Strasburger stated that 1) he did not feel there was any real danger that the subject property would develop as "R-I-20,000" (Single- Family Residential) since the General Plan does not designate said zoning for this property 2) he realized that the "P-C" zoning has been in the ordinance for quite some time, but he just does not feel that the subject area is the best place for a development of that type and 3) there could be several alternatives to the alignment of the lots along Fruitvale Avenue and Douglass Lane. Commissioner Martin explained that if the property is developed under regular "R-I-40,000" zoning then the developer can arrange the subdivision as he chooses. The Secretary, in answer to an inquiry from Chairman Lively, stated that 1) he did contact the Assessor's office to inquire if the taxes for the subject property would change if the zoning designation were changed even though no actual development or construction took place and 2) the Assessor's office stated that any change from "A~' to either "R-i-40,000" "P-C" or to "R-i-40,000" (Single-Family Residential) would definitely affect the assessed value of the property and w~ld increase taxes. Reverend Strasburger stated he is opposed to C-14.9 on the basis that some property owners may be taxed off their property' that had planned to live there all the rest of their lives. Con~f~issioner Smith stated that the matter should 5e continued since this tax matter throws a different light on the matter. Chairman Lively stated that the Planning Commission recommendation relative to this property is under consideration by the City Council as part of the General Plan and this matter should be continued until the City Council makes a decision relative to the General Plan. Chairman Lively closed the hearing for the even'.zm, g at 9:16 P.M., directed C-149 continued to the next regular meeting and. meferred same to the Sub- division Committee. Planning'Commission Minutes - 27 September 1971 - Continmed II. D. C-139 - Malachy J. Moran, Saratoga Avenue - Request ~f Change of Zoning from "R-1-20,O00" (Single-Family Residential} ~to "R-l-15,000" (Single- Family Residential) - Continued from 13 September 1971 The hearing relative to C-139 was reopened at 9:16 P34. Commissioner Smith stated that he had a call from the ~applicant stating he could not be present at this meeting. Commissioner Smith further stated that he feels the Planning Commission should proceed ~ith this matter since it has been continued numerous times. Chairman Lively stated that the Planning Commission ~nnot continued to drag this application on indefinitely since there are othear people, residents of the area, concerned with the Planning Commission decLion in connection with C-139. Commissioner Kraus stated that the Planning Commissiom plainly stated at the last meeting that there would be no more continuances ~of C-139 and that some action would be taken at this meeting. Mr. Joe Zerboni, 19951 Lannoy Court, stated that he t~a-s been coming to the Planning Commission hearings relative to this matter' ~or about a year now fo~ the hearings relative to C-139 and the Planning Csmmission stated at the meeting of 13 September 1971 that a decision wout~ be made this evening. Mr. Alan Margulis, 19961 Lannoy Court, stated that 1~ he flew up from Los. Angelos this evening to be present for the decision ~dheduled to.be made at this meeting relative to C-139 2) the applicant has mequested two different change of zonings and has tried to have the General ~'an changed 3) the applicant bought his property at the same time he (Mrs. Margulls) purchased his'and both parties checked the zoning at that time ~) some people buy and hold properties in certain zoned areas with the i~ea that the zoning will be changed from what is shown on the General Plmn and other people buy in good faith thinking the.zoning will not be ch~ged and 5) he urged the Planning Commission to take some action at this time and make a decision relative to C-139. Commissioner Smith read the report of the Subdivisiom iCo~f~ittee dated 27 September 1971 recommending that C-139 be denied. Comissioner Smith moved, seconded by Commissioner Kra.,~s, to close the hearing relative to C-139 at 9:27 P.M.; motion carried unanim~susly. Commissioner Smith moved, seconded by Commissioner Kmaus, to adopt the Sub- division Committee Report dated 27.September 1971 relmftive to C-139 and deny 'the subject request for change of zoning for the reas'~ns stated in said report and that the subject report be fon~arded to thee=City Council as the recoff~f~endation of the Planning Commission; motion ca~ed unanimously. E. V-366 - Mrs. Earle Pickering Smith, Qulto Road - Requ'~st for Variance to Allow Overhead Utilities Chairman Lively opened the hearing at 9:29 P.M. The Secretary stated the Notices of Hearing were maiIed and then read a coffm~nication filed in oppostion to the proposed varf~ance by the following: 1) Robert C. Jones 2) Barbara L. Jones 3) Paul Davidson 4) Christina L. Davidson -6- Planning Commission Minutes - 27 September 1971 - Continued II. E. V-366 - Continued Mrs. Smith, the applicant, was present and stated that 1) the pole in question does not serve the property in question 2) there is one pole on this acre and she was informed it was placed there to support all the lines on the east side of Quito 3) the pole now located on her property was moved there so Quito could be widened 4) the pole will remain even if she is required to underground the utilities, but the pole will not be used for her property and·5) she feels that since the City did require her to dedicate 20-feet instead of the custemary 10-feet for the Quito Road widening and then pave further than any other property owner it is not fair to ask her spend an additional $2,000. for underground utilities when the power pole will not be moved fromher property, but will be used for properties other than her own. No one in the audience wished to comment relative to V-366. / C~f~fLissioner Kraus, on behalf of the Variance Committee, arranged for an on-site inspection with the applicant for Saturday, 2 October 1971 at 9:00 A.M. Chairman Lively closed the hearing for the evening at 9:37 P.M., directed V-366 continued to the next regular meeting, and referred same to the Variance Committee. RECESS AND RECONVENE III7· BUILDING SITES AND SUBDIVISIONS A. SD-904 - George W. Day, Fruitvale Avenue and Douglass ~ Subdivision Approval - 15 Lots - Continued from 13 September 1971 Commissioner Smith stated that SD-904 should be continued to the next regular meeting since it has been filed in conjunction with C-148. Chairman Lively so directed. B. SDR-911 - Willard Thompson, Oak Street and St. Charles Street - Building Site Approval - 1 Lot - Continued from 13 September 1971· CorfafLissioner Smith recommended that SDR-911 be continued off the agenda since the applicant submitted a letter granting the Planning Commission a six (6) month extension during this time the traffic study for this area should be completed and then a decision relative to SDR-911 can be made. Chairman Lively so directed after thanking the applicant for his cooperation. C. SDR-918 - Monty R. Boyd, Arroyo de Arguello, Building Site Approval - 1 Lot - Continued from 13 September 1971 Commissioner Smith moved, seconded by Commissioner Kraus, to deny building site approval for SDR-918 unless a letter of extension is received from the applicant; motion carried unanimously. D. SDR-920 - Roman T. Chavez, Belnap Court - Building Site Approval - Lot - Continued from 13 September 1971 Commissioner Metcalf stated that 1) this lot does not comply with slope-density standards but the area has already been subdivided sometime ago 2) if slope density were applied to this lot it would have to be at least about 2~ times as large and 3) the Planning Commission should be allowed to stipulate wha·t kind of a house is to go on this property. The Secretary stated that 1) a site-develop~nent plan showing the building location, etc. could be requested ~D the property ~ner has, in fact submitted a specialized map for a specific type of home and 3).. it would not be at all unreasonable to a~k for ~ very detailed map for this building site. .. -7- Planning Commission ~nu!~es - 27 September 1971 - Continmed III. D. SDR-920 - Continued Chairman Lively recommended that the Building Si~e Committee Report dated 27 September 1971 be amended by adding.the following condition: "L. Submit for final approval detailed site-development plan showing foundations, floor plan, elevations, and location. of septic-tank system and driveway."' ConmLissioner Smith moved, seconded Commissioner 'Kraus, that the Building Site Committee Report dated 27 September 1971relative to SDR-920 be adopted, as amended,.and that the temtative map (Exhibit "A", filed 13 August 1971) be approved subject ~o the conditions set forth in said report; motion carried unanimously.. ...... E. SDR-921 - Neal P. Kirkham~ Sobey Road - Building zSite Approval - 1 Lot ............ Coa~f~issioner Smith rec~Lm~ended that SDR-921 be continued to allow time to review the road in connection with this 'Suilding site. Chairman Lively, in view of the foregoing, directed SDR-921 continued to the meeting of 12 October 1971. F. SDR-922 - Dr. Richard Wallace, Pierce Road - B~ding Site Approval - 3 Lots Commissioner Smith rec~m~ended that SDR-922 be continued to the next regular meeting in order to allow time for the. applicant to submit further information relative to trees and the c~eek right-of-way in connection with the subject lots. Chairman Lively so directed. G. 'SDR-923 - Donald Perat~ Pike Road - Building Si~e Approval - 3 Lots Co~issioner ~rshall asked how many cubic yards of cut and fill would be necessary for this subdivision. Co~m~issioner Smith stated that the Assistant Diractor of Public Works should be'present at the Planning Commission meetings'when this type of information is necessary since he does write ~p the conditions and has the information necessary to answer such que'stions. Commissioner Marshall requested that some infornna,tion be obtained relative to the amount of grading that will be mecessary for this construction. Chairman Lively directed SDR-923 continued to t~,e next regular meeting in order to allow time for a review of the grading and to obtain a larger map from the applicant. IV. DESIGN REVIEW A. A-369 - Sisters'of Notre Dame, Bohlman Road=- Fimml Design Review - Landscape Plan Cor~issioner Metcalf read the Staff Report dated ~.7 September 1971 relative to A-369 recommending that Final Design ~pproval be granted for the landscape plans. Commissioner Metcalf moved, seconded by Commissioner Martin, that the Staff Report dated 27 SeptemTDar 1971 be adopted amd that Final Design Approval be granted for the landscape plans as sh®~n on Exhibit "G" in file A-369 and subject to the conditions state~ in said report; motion carried unanimously.' -8- ~ iii.*'.":j~i~9_'~ Con~,~ission 1,1~ ........... --._27 September 1971 - Cont IV. B. A-373 - Alfred F. Dumas, Inc., Prospect Road - F~nal Design Review - Planned Community Development Commissioner Metcalf read the Staff ~eport dated ~.27 September 1971 relative to A-373 recommending that Final Desigm ..~pproval be granted for the houses and decorative fencing and Preli~nary Design Review be granted for the landscaping. Connnissioner Metcalf moved, seconded by Commissisner Martin, that the Staff Report dated 27 September 1971 be adopted and that Final Design Approval be granted for houses and decorative femcing as shown on Exhibit "D" and Preliminary Design Approval be groanted for the land- scaping as shown on Exhibit "D" and subject to t~.'e conditions stated in said report; motion carried unanimously. V. CITY COUNCIL REPORT Chairman Lively stated that the minutes of the Council meeting of the 15th of September 1971 were in each Commissioner's f~lders and requested that they be read when possible. VI. PI~aNNING POLICY COMMITTEE Commissioner Kraus reported on the following items f~,om the meeting of 23 September 1971: 1) A public hearing'will be held on 4 No~nmmber 1971 regarding the final report of Phase I of the Hillside Study. 2) Appointments to the reconstituted Hillsi·de . Sub-,gommittee to oversee Phase II of tTn'e . Hillside Study were approved, It wilI.'~e necessary for Saratoga to appoint someshe from the Planning Commission to serve ~n this Committee, 3) An alternate from the City'of Sarat~ga~to the Planning Policy'Committee should be appointed and some Cities have already made their appeintments, Commissioner Kraus stated he would prefer not to serve again. 4) A progress report of the Solid Waste S~b-Committee was given and a request made that the ~'anning Policy Committee allow the sub-committ~'e to work with industry to investigate for a Clas!s I toxic waste-disposal site. VII. OLD BUSINESS A. SDR-914 - Gill Schaper, Hilltop Way - Request f~m .,Reconsideration of Conditions - Continued from 13 Septemb~ 1971 The Secretary stated that some time ago this appl~.cant received Building Site Approval in order to remodel his existing ~sidence and the applicant requests that the condition requiring resurfacing of Hilltop Way be waived~or that the time for the resurfacing the ~oad be determined by mutual agreement of the residents who have rightmT, of-way over the road and are responsible.. for its maintenance. Mr. Schaper was present and stated that 1) Dr. ~yosnick and Mrs. McDaniel the two other property owners that have legal access to this road agreed to attend this meeting in support of his requesteR) the three resident- owners have an agreement to maintain the road 3) ':the present condition of the road can be repaired by patching 4) the roa~ ·will be resurfaced at a later time when it is necessary and 5) it is urnfair to expect the other property owners to pay for resurfacing at ~his time since it is really not needed. -9- Planning·Commission Minutes - 27 September 1971 - Continued VII. A. SDR-914 - Continued Dr. Wyosnick, property o~ner on Hilltop Way, stated ~at 1) the residents of this street realize the road is in need of repair~ but not in need of complete resurfacing 2) as soon as Mr. Schaper finishes construction the necessary repairs can be made 3) the residents of Hilltop Way will maintain the road and repair it when Mr. Scl~aper completesconstruction and 4) right now just does not seem to be the proper ·time for resurfacing. The Secretary read the Staff Report dated 27 September 1971 recommending that the request to waive the conditions requiring road resurfacing be denied. Mr. Schaper stated that 1) FHA did an appraisal for' ~his property and they made no mention of requiring this road improvem~at and they would have done so if they thought it to be necessary 2) ..tl~ere has been no complaint from the Fire Department relative to getting fire equipment down ·this road 3) only the three (3) property o~,mers on Hilltop Way will be affected by these road improvements; therefome, it should be up to them when the improvements are made and they have an agreement to maintain that road when improvements are needed. Chairman Lively directed the matter continued and re~erred it ·to the Subdivision Committee and requested them to go out a~d take a look at this road and review the matter with the Public Works'Department and the Fire Department° B. UP-191 - Brown and Kauffmann, Brockton Lane - Reques.t for Extension - Continued from 13 September 1971 The Secretary read the Staff Report dated 27 Septembe,r 1971 recommepding that a one (1) year extension be granted for UP-191. Commissioner Smith moved, seconded by Commissioner K~aus, that the subject extension be granted for a period of one (1) year (new expiration date would be 14 September 1971) subject to all previously impos;ed conditions; motion carried unanimously. C. SD-607 Douglas P. Hines, Pierce Road - Access Roa~ - Continued from 13 September 1971 The Secretary recommended that this matter be contirr~ed off the agenda· indefinitely since the applicant is revising his app~Dach. '·Chairman Lively so directed. VIII. NEW BUSINESS A. Eucalyptus Trees The Secretary stated that 1) the two (2) eucalyptus ~ees at the intersection of Ten Acres and Sobey Road will have to be removed s~.nce one is dead and the other is deceased 2) Brian Gage (Tree Consultam~I) recommends that both trees be removed and the Director of Public Works is ~aking steps to have them removed. Chairman Lively requested the Secretary to obtain a ~econd opinion before removal of the trees actually takes place to make abs,~lutely sure everything has been done to save these trees. B. Kunkel-Thomas Map The Secretary explained that ·the applicant has a more=detailed map available for review by the Planning Commission. Conm~issioner Smith stated that the map shows a subdi~·~sion composed of twelve (12) lots. -10- VIII. B. Kunkel-Thomas Map Mr. Kunkel, in answer to an inquir~ from Chairman Lively, stated three (3) lots have more than the required 40~000 square feet 'and the rest are right at the required 40,000 square feet. Chairman Lively stated that in view of the opposition voiced by the citizens to any "P-C" (Planned-Development) zoning it is best to stick to a standard subdivision. IX. COM}~NICATIONS A. WRITTEN None B. ORAL 1. Possible Revision for Design Review of Single-Family Residences The Assistant Planner stated that 1) no other City in California requires design review for single-family residences and Saratoga probably has some of the strongest regulations for design review and 2) he has prepared a report which is in each Commissioner's folder. Chairman Lively requested all the Commissioners to read the report and submit comments relative to improved methods of screening of single-family residences. He referred the matter to the Design Review Conmittee for study. 2. Request from Dr. Cox to Allow Overhead Utilities Dr. Cox was present and stated 1) the cost of development of the building site on Jacks Road has far exceeded expectations 2) he requests the Planning Commission to allow PG&E and PT&T to extend the existing overhead electricity-and phone-lines about 200-feet toward the corner of the property being developed and then go underground from there to the property sites 3) this would require only one (1) power-pole and 4) this is a request for variance and he would like an answer at this time. Chairman Lively explained that a variance does require a public hearing and an on-site inspection of the property by the Variance Committee; therefore, it would not be possible to make a decision relative to this request this evening. Commissioner Kraus, on behalf of the Variance Committee, arranged with the applicant for an on-site inspection of the property at 9:30 A.M. on Saturday, 2 October 1971. 3. Fire Chief Request Commissioner Smith stated that 1) the Fire Chief has requested a moratorium be put on all building in the Foothills until the water situation is resolved and until the Hillside Co,L~nittee completes their report and 2) the Fire Chief was asked to submit his request in ~riting and the Planning Commission would consider it and make a recommendation to the City Council. Chairman Lively directed the matter continued until such time as-a letter is received from the Fire Chief. -11 - Planning C~ission Minutes - 27 September 1971 - Continued IX. B. 4. Guests Chairman Lively, acknowledged with pleasure, the presence of Councilman ~yer, and Mrs. Belanger of the Good Government Group. .- He, alsa, thanked Mrs. Belanger for the coffee served at recess. X. ADJOUP~NMENT Chairman Lively adjourned the meeting at 12:00 P.M. Respectfully submitted, S[anley M~ ~alke[, Saratoga Planning Commission SM /j -12 - AGEI']DA ~.~: Monday, 27~ Sept~ber I~71 - 7: 30 P .M. ~CE: C~ty C~ncil ~ers, 13777 Fruitvale Avenue, SaratoEd, California 95070 ~E: Re~lar ~etinE A. RO~ ~ B. A. C.-~ - Clifford C. Beck, Saratoga Avenue ~d Cox - Request for ~anZe of Zoni~ frm "R-I-10,O00" (SinSle-F~ly Residential) to "P-A" .(Professtonal-A~nistrative) - Continued fr~ 13 Sept~ber 1971 B. C-148 - GeorEe W. Day, Fmitvale Avenue and Douglass - Request f~ ~anEe of Zoni~ fr~ '~A~' (ASrfcultural) to "R-1-40,000" "P-~" F~m~ly Residential Planned-C~ntty) - Continued fr~ 13 Sept~ber 1971 C. C-149 - City of S~atoSa, F~itvale Avenue and D~Slass - ~equest for ChanZe of Zonin~ fr~ '~A~ (AZricultural) to "K-1-40,000" (SinSle-F~ily lesfdenttal Planned-~u~nity) -. Continued 13 Sept~her 1971 D. C-139 - ~lachy J. Moran, SaratoEd Avenue - Request for ~anSe of Zonin8 (StnSle-F~4~7 Residential) - Continued frm 13 Septe~er ~971 E. V-366 - ~s. Earle Picke~inS S~h, Qutto Road - Request for Variance to A~I~.~ ~erhead Utilities III. BUILDING SI~S ~D S~DIVISIONS A. ~D:gp~- - GeorSe W. Day, F~itvale Avenue and Do~Slass - Subdivision Approval - 15 Lots - Continued from !3 Sept~ber 1971 B. SD~-911 - Willard ~son, O~¢ ~treet and St. ~%arles Street - BuildinS Site Approval - 1 Lot - Continued fr~ 13 Sept~er 1971 SDI{-918 - M~nty ~. Boyd, Arroyo de Ar~ello - BuildinE Site Appr~al - ,~ Lo~ - Continued fr~ 13 Sept~er 1971 D. SDK-~20 - R~ T. ~avez, Belnap Court - BuildinS Site Approval - 1 Lot - Conrimmed fr~ 13 Sept~er 1971 . E. SDR-921 - N~I P. Kir~.~. Sobey ~oad - Bui~dln~ Site Approval - 1 Lot F. SD~-922 - Dr. ~ichard Walla~ p~erce ~oad .- Build~}~ Site Approval - 3 Lots G. SDK-923 - Do~ld Perata=. Pike Road - B~ildtn~ Site Appr~al - 3 Lots IV. DESIGN P~VI~ A. A-369 - Sisters of Notre DM, Bohlmn ~oad - Final DesiSn K~f~ - L~dscaRe B. A-373 - Alfred F. ~Ms, Inc. ~ Prospect ~oad - ~'inal Desf~ F~vf~ - Planned C~,n~:ty Develop~nt V. CI~ CO~,]CIL ~PORT VI. OLD BUSINESS A. SDR-91~. - Gill Schaper~ Hilltop Wa~ - ~e~uest for P. econsideration of Conditions - Continued' fr~ !3 Septe~er 1971 -i- Planning Cov, m~sSipn ..~Eenda - 27 September 1971 - Continued 'VI. B. UP-igl - Br~n a~d I{auff~ann, Brockton Lane - Request for Extension - Continued ~ 13 Sept~ber 1971 C. SD-607 - DouElas P. Hines, Pierce ~oad - Access Road - Conti~ed fr~ 13 September 1971 'VII. i,~Y BUSI~SS VIII. C~CATIONS A. ~I~N B. O~ ~. ~O~NT -2-