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HomeMy WebLinkAbout06-25-1973 Planning Commission Minutes CITY OF SARATOGA CITY OF SARATOGA PLANNING COMMISSION SUMMARY OF MINUTES TIME: Monday, June 25, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting ******************** I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger,.Lively Marshall, Martin, Matteoni, and Woodward. Absent: Commissioner Smith. B. MINUTES Commissioner Marshall moved, seconded by Commissioner Martin, that the reading of the minutes of the June 11, 1973 meeting be waived and that they be approved as distributed to the Commission with the following changes: page 8. .add the following between paragraph·s 2 and 3. . ."Commissioner Belanger commented that this condition would probably be appealed because the Jensens have paid taxes on this land as a two (2) lot parcel and may some' day wish to subdivide further· She recommended that instead a condi- tion be imposed to insure widening the 12-foot road· to 18-feet when further subdivision occurs· "' page 10. .change the last paragraph to read. ."Commissioner Belanger requested that some figures relative to fire insurance fees and the cost of providing fire protection to this area be made available by the next regular meeting "' · page 6. .change line 1. . ·paragraph 9. . .to read as follows. "Commissioner Marshall stated that the usual policy was modified in this case by limiting. . .; motion carried unanimously. C. CITY COUNCIL REPORT Commissioner Belanger listed the following items discussed at the City Council meeting of June 6, 1973 as being 6f significant interest to the Planning Commissioner:. 1) Petition submitted By residents of Debbie Lane and Sevilla Lane for establishment of a Main- tenance District. 2) Report of the Traffic Consultant on Via Roncole "and Arroyo de Arguello. 3) Fifty per cent release to Mrs. Earle Pickering Smith for monies posted for construction-improve- ment costs. 4) Further consideration of the age' limit at the Gatehouse ApartmentS· 5)Unanimous adoption Of the Parking Assessment District for the West Valley Junior College· 6) Discussion and continuance of the Open-Space and COnservation Elements. ~1- Planning Commission Minutes - June 25~ 1973 - Continued I0 C0 CITY COUNCIL REPORT - Continued 7) Priority of the West Valley Freeway.i D. GREETINGS " ~ ........ Chairman Lively read a card received.from Commissioner Smith extending his best wishe~ to the Planning Commission and staff from the Islands of Hawaii. II. PUBLIC HEARINGS A. V-395 - Ray Wood, Short Hill Court - Request for Variance to Allow Reduction in Side Yard Setback Requ{rements - Continued from June 11~ 1973 Chairman Lively reopened the hearing at 7:49 P.M. The Secretary stated that the applicant has made available a revised proposal. The Staff Report dated June 25, 1973 relative to V~395 recommends that the subject request for Variance be granted. The Staff Report was amended by adding the following sentence to paragraph 2. ."The applicant has submitted a map l(Ex~ibit "C") dated June 6, 1973."; and by deleting reason ~4...stated in the report. Commissioner Woodward stated that .the site approval for this property was granted before equestrian trails Were authorized; therefore, the trails existing on this property are not 'shown on the Master Plan for Trails and Pathways. Chairman Lively noted that in view of the aforementioned statement the use of these trails will only be possible by consent of the owner of the property. Mr. Jim Leong, present to represent the applicant, stated that 1) he ~as present at the time the Variance Committee visited this site 2) the horse trails are located entirely on the West Valley Junior College property 3) the fill discussed at a previous meeting is only on the applicant's property and does not affect the horse trails in any way and 4) any horse trails or uSe.-o'f'.~a~ a..~ horse trailfL; of the area right along the creek would require the applicant's permission. Commissioner Marshall noted that it appeared that this is a classic example of a house design oriented to use'of the land - if the.'pool had been planned simultaneously a Variance would not be required. Mr. Leong explained that the applicant did explain at the last meeting that the house and pool were planned simultaneously, but then because of discovery of two (2) underground springs onethe property the pool had to be relocated. CommiSsioner Marshall moved, seconded by Commissioner Martin, that the pub- lic hearing in c~nnedtion with V-395 be closed; motion carried unanimously. 'Commissioner Martin moved, seconded B~ Commissioner~Matteoni, that the Staff Report ~ated'June 25, 1973 'relative to V-395 be adopted, as amended, and that the Variance request to allow a reduction in side yard setback require- ments for a swimming pool be grantzed on the basis the findings required under Section 17.6 of Ordinance NS-3 can be made for the reasons stated in said report; motion carried with C=ommissioner Marshall voting "no". B. C-169 - Osterlund Enterprises, Fruitvale Avenue and Allendale Avenue - Request for Change of Zoning from "R-i-40,000" (Single-Family Residential) to "R-i-20,000" (Single-Family Residential) - Continued from June 11~ 1973 Chairman Lively reopened the hearing relative to C-169 at 8:04 P.M. Commissioner Belanger recommended that SD~1040, which is directly connected with C-169, be considered in conjunction with the subject Change of Zoning application. -2- Planning Commission Minutes - June 25~ 1973 - Continued II. B. C-169 - Continued Commissioner Marshall explained that it was pointed out at the last meeting that under the current ordinance conditional zoning cannot be changed from one "R-i" District to another unless ·it is a "P-C" zoning. The Subdivision Committee recommends ,~.!R-1-20,000" zoning for this property since it is their opinion this would be the appropriate zoning for the subject property. Fifty percent (507°) of the homes in this subdivision are designated for two-story structures. Chairman Lively recommended that Lot ~8 be exempted from having a two-story structure on it. Commissioner Martin inquired if a "P-C" development has been considered for this property. Commissioner Marshall explained tlhat it has been mentioned several times, but the developer did not seem too interested in a "P-C" development. Chairman Lively stated that the proposed Change of Zoning is not in accord with the General Plan and he intends to vote against {hejo=proposed Change of Zoning. Commissioner Marshall explained that by allowing the proposed Change of Zoning a number of controls can Be imposed o'n this development that otherwise would not be possible with th~,'~eXisti~g zoning. Mr. Dick Checci, applicant's engineer, stated that new exhibits have been submitted for this development 2) the builder agrees to submit to placing two-story homes only on the lots designated by the building envelope 3) the applicant will agree to submit the proposed two-story homes for Design Review and 4) it is the feeling of the applicant and his representative that this Change of Zoning is in accord with the General Plan. Commissioner Belanger explained ~hat at first she was somewhat agreeable to voting for the proposed Change of Zoning especially with the measure of control that it would allow. 'However, she now intends to vote against the ·proposed zoning change since there does not seem to be any assurance the City will be able to enforce .the controls especially if the applicant chooses to appeal same to the City Council. Commissioner Marshall recommended that the Staff Report relative to C-169 be amended to have reason ~ 3) read as follows: "3) That the Change of~ Zoning will harmonize with existing and proposed' land uses in the vicinity as shown on Exhibit "A" of SD-1040." Commissioner MarShall further stated that this is a difficult piece of property and some compromise will have to be worked out between the City and the developer. Commissioner Martin recommended that neither C-169 nor SD-10~0 be approved until better and more effective controls, especially in connection with fencing, can be established. Commissioner Matteoni suggested that additional time be spent studying this matter to be sure nothing has been overlooked. Mr. Checci explained that the applicant does not have any additional time since the option on the property is scheduled to run out soon. Commissioner Martin advised that .the present applicant could decide not to build this subdivision in accordance with the proposed tentative map and then the City could do nothing about the approved Change of Zoning. -3-~ Planning Commission Minutes - June 25~ 1973 - Continued II~ B. C-169 ~ Continued Commissioner Matteoni stated that, maybe, a time limit could be imposed to October 8, 1973 and at the end of time a status report can be pre- pared by the Staff and if no development has occurred the Change of Zoning can be rescinded. Commissioner Marshall moved, seconded by Commissioner Martin, to close the hearing relative to C-169 at 8:45 P.M.; motion carried unanimously. Commissioner Marshall moved, seconded by Commissioner Matteoni, that the Staff Report relative to C-169 dated June 25, 1973 be adopted, as amended, and same be forwarded to the City Council as the recommend- ation of the Planning Commission and that the subject Change of Zoning (C-169) be approved; motion carried with Commissioners Belanger and Lively voting "no". C. Informal Public Hearing - Abe% M. Carreia, Saratoga-Sunnyvale Road - Reqqest for the Storage and Sales of Building Supplies and Garden and Landscape Materials as a Conditional Use in the "C-V" Zoning District Chairman Lively opened the discussion relative to the informal hearing. Mr. Jack T. Hirshon, attorney present to represent the applicant, requested a two (2) week continuance of this matter since additional time is needed to meet with the appropriate Committee and Staff and for the applicant to shut down his operation and comply with the require- ments of the City. No one ~1~ present wished to c~mment relative to this matter. Chairman Lively directed the ~atter continued to the next regular meeting and requested the applicant and/or hisattorney to meet with the Subdivision. Committee andLSta'ff to resolve any difficulty in connection with the subject r~quest. III0 BUILDING SITES AND SUBDIVISIONS ~ A. SDR-1020 - Donald Comer, Pierce Road - Subdivision Approval - 7 Lots - Continued from Jun~ 11~' 1973 Mr. Danforth E. Apker, applicant's engineer, was present and stated that the applicant has reviewed the proposed conditions of approval as stated in the Staff Report dated June 25, 1973 and is in accord with same. The Secretary recommended that the Staff Report be amended by adding '~the following conditions: "21. Comply with all aesthetic grading standards including, but notZlimited to use of retain.int ~!ls?.'!.'r. oundihg.~- top and toes of slope and slope planting." Commissioner Marshall explained that the principle change that has occurred is the relocation of the road from the ravine to the far side of the hill and the provision,for an easement for the future extension of Wallace Road. Commissioner Marshall moved, seconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SD-1020 be adopted, as amended, and that the tentative map (Exhibit "A-4" filed June 20, 1973) be approved subject .to ~he conditions set forth is said report; motion carried unanimously. Planning Commission Minutes - June 25~ 1973 - Continued III. B. SDR-1037 - R. J. Hunter Developments, Ltd., Comer Drive -.Building Site Approval - 4:Lots - Continued from June 11~ 1973 Commissioner Marshall explained that this property has been a subject of field investigation - since the upper portion of the property is in full view from the property up above the fill at the top should be ~.~-.minimal. : Mr. Dan Trinidad, Assistant Director of Public Works, stated that there is a committment that was made between the City and an adjacent subdivider (Mr. Comer) that involves this. application. Mr. Comer in his earlier subdivision had to build a bridge and he feel~ that although the present City ordinance does not require that the adjoining property owner pay for/a~zportion of this bridge~it might be suitable for the City to con- sider adopting some type of Bridge Reimbursement Agreement Ordinance. Mr. Trinidad then recommended that the following condition be added to' the set of conditions set forth in the Staff Report dated June 25, 1973: "P. If within six (6) months of this. approval the City Council adopt~ a "Bridge Reimbursement Agreement Ordinance" this site approval shall be subject to the requirements of said ordi- nance and'shall reimburse the prorata share of the improvement costs of the bridge on Comer Drive which was recently completed by Donald Comer under SDR-907 and SDR-848o" Commissioner Belanger recommended that the subject report be further amended be adding the following condition "0": "O. Subject to additional conditions of Design Review for homes on each lot." The applicant was present and stated that he did pay for construction of the old bridge and if the:Bridge Reimbursement Agreement Ordinance is adopted he would request that he be reimbursed for the bridge he originally paid for which has since been removed. Mr. and Mrs. Norling, adjoin{ng property owners, stated they could not see the need for the street to be constructed in conjunction with this subdivision and which will traverse their property. Commissioner Marshall explained that the street is necessary in order to avoid land locking the piece of land located behind the subject Hunter property. Mr. Norling pointed out that,there already exists a paved road below this property that could be.used for access by the proposed subdivision. Chairman Lively explained that the road shown on the Hunter map need not be changed since the Norling's are exempt from that map and would not be affected by adoption of same by the Planning Commission. The applicant stated that he is in complete Sympathy with the Norlings and since he may someday be their neighbor he would like to do the right thing and try to work the matter out'to their satisfaction. Chairman Lively directed the :matter continued to the next regular meeting and requested the applicant ~o meet with the Norlings, the Subdivision Committee,~ the applicant, and the Staff to work out the subject road problem. ~ Commissioner Marshall moved,.seconded by Commissioner Belanger, that the application for Building Sit~ Approval in connection with SDR-1037 be denied unless a written extension of time is received prior to expiration of the tentative map; motionscarried unanimously. -5- Planning Commission Minutes - June 25~ 1973 - Continued III. Co SD~1040' - Osterlund Enterprises, Fruitvale and Allendale Avenues - Subdivision ApproVal - 8 Lots - Continued from June 11~ 1973 See additional discussion of.the matter under C-169 appearing earlier in these minutes. The conditions contained in the Staff Report dated June 25, 1973 in connection with SD-1040 were amended to ~e~d'as'follows: "3. Provide pedestrianSbicycle pathways along Fruitvale Avenue."' "4. Provide decorativelwall or fencing, and landscaping between fence and walkway along Fruitvale Avenue and Allendale Avenue (a landscaped easement may be required to provide area for adequate landscaping as required by Design Review). All fencing and landscaping plans subject to Design Review. "5. Existing topography to be retained to avoid excessive lot fills and grade separation and to preserve existing trees." "14. Obtain Design Review for each home and pool and interior fencing." "15o Exhibits "B", "C", "D", and "E" - showing building envelopes and setbacks for two (2) story homes to be use in Design Review of each individual lot~ No more than four (4) lots may be two (2) story. Lots five (5) and (8) may be one (1) story only." Commissioner Marshall moved, iseconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SD-1040 be adopted, as amended, and that the tentative map (Exhibit "A", filed April 27, 1973) be approved subject to.the conditions set forth in said report; motion carried with'Chaihnan'Lively voting "no". Commissioner Matteoni moved, seconded by Commissioner Belanger, that in the event the developer has not commenced construction by October 15, 1973 the Planning Commission will consider at its next regular meeting thereafter a proposal for a new Change of Zoning for this property; motion carried unanimously. D. SDR-1045 - Orville L. Lykins~ Mr. Eden Road - Building Site Approval - 1 Lot - Continued from June 11~ 1973 The applicant was present and stated he reviewed the proposed conditions of approval as stated in the'Staff Report dated 3une 25, 1973 relative to SDR-1045 and expressed satisfaction'with same. Commissioner Marshall moved,'seconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SDR-1045 be adopted and that the tentative map (Exhibit "A-3", filed 3une 18, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. RECESS AND RECONVENE Commissioner Martin did not return after the recess since it was necessary for him~.!to leave the meeting at this time. -6- Planning Commission Minutes - June 25, 1973 - Continued IIIo E. SDR-1043 - Bernard Klien, Pierce Road - Building Site Approval - 1 Lot - Continued from May 29~ 1973 The Secretary recommended that SDR-1043 be continued to the next regular meeting. Chairman Lively so directed. F. SDR-1047 - John McLaughlin, Pierce Road and Via Regina - Building Site Approval - 2zLots - Continued from May 29~ 1973 The Secretary stated that the applicant didvsubmit a letter request- ing permission to remove one!tree which is blocking the road necessary for access to this property and further stated that he (the applicant) has planted many trees on this property and will plant more to replace the removal'of the tree in question. Mr. Trinidad explained that 1) the letter accurately represents what is happening 2) a treezis right in the middle of the proposed access road location 3) a fairly large retaining wall and fill will be necessary 4) the neighbor has been contacted and he will not permit the applicant to go across his property for access purposes 5) according to Fire Chief Kraule the tree in the way of the access road would have to be removed in order for this applicant to get access to his property and 6) some concrete surface would be necessary for the access road. The Secretary stated that the question is would the Planning Commission consider allowing removal of!the tree? The Planning Staff recommends that the tree be retained since the tree is very much alive and heal'thy. Some other means of access should be provided. Commissioner Marshall stated that he understands that it would be possible to reach the subject property through the adjoining property if an agree- ment could be reached with that owner and the applicant, but apparently the relationship between the.two .(2) is not the best. Chairman Lively directed SDR~1047 continued to the next regular meeting and requested the members of the Planning Commission to make an on-site inspection of this property.. G. SD-1052 - Osterlund Enterprises, Fruitvale Avenue and San Marcos Road - Subdivision Approval - 26 Lots - Continued from June 11~ 1973 The applicant was present. and stated he was in accord with the conditions of approval as set forth':in the Staff Report dated June 25, 1973 relative to SD-1052. The report was amended by changing conditions 9 and 11 to read as follows: "9. Provide pedestrianSequestrian pathways along Fruitvale Avenue and pedestrian walkways along 60-foot wide right~of-way collector stree. Subject to D~Sig~ ReView.'" "11. Landscape area between fence and pathway (width not to exceed 15-feet) along entire frontage of Fruitvale Avenue." Commissioner Marshall moved, seconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SD-1052 be adopted, as amended, and that the tentative map (Exhibit "A", filed May. 31, 1973, including typical individual site development plans for sites that exceed 10% in slope) be approved subject to the conditions set forth in said report; motion carried unanimously. ~7- Planning Commission Minutes - June 25~ 1973 - Continued III. H. SDR-1054 - Roy Anderson, Saratoga Avenue - Building Site Approval - 2 Lots The Secretary stated that due to problems with Flood Control require- ments this matter is recommended for a continuance. It is possible that one lot will be lost from this subdivision due to Flood ~Plain Dedication and/or easements., Chairman Lively directed SDR~1054 continued to the next regular meeting. I. SDR-1055 - Roberts Communities, Inc., Saratoga Avenue and Dagmar Drive - Subdivision Approval - 42 Lots The Secretary recommended that SDR-1055 be continued to the next regular meeting to all additional time for PG&E to submit commenct in connection with the road located on their.~'easement. Chairman Lively so directed. J. SDR-1056 - H. Peter Becker~ Montalvo Road - Buildin8 Site Approval - 1.Lot 'The Secretary stated'.that th~ applicant had reviewed the proposed conditions of approval and expressed satisfaction with same. COmmissioner Marshall moved,'seconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SDR-1056 be adopted and that the tentative map (Exhibit "A", filed June 14, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. K. SDR-1058 - Chaiko Kim~ Sunset Drive - Buildin8 Site Approval - 1 Lot The Secretary stated that the. applicant had reviewed the proposed conditions of approval and expressed satisfaction with same. Commissioner Marshall moved,~seconded by Commissioner Belanger, that the Staff Report dated June 25, 1973 relative to SDR-1058 be adopted and that the tentative map (Exhibit '~", filed June 14, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. L. SDR-1059 - David Mendenhall, Mt. Eden Road - Building Site Approval - 1 Lot The Secretary recommended that SDR-1059 be continued to the next regular meeting in order to allow time to obtain a revised tentative map. Chairman Lively so directed. IV. DESIGN REVIEW A. Tract 5244 - Osterlund Enterprises, Cox and Saratoga Avenues - Final Design Review - Decorative Fencing and Final Landscape Plans - Continued from June 11~ 1973 The Secretary read the Staff Report dated June 25, 1973 relative to Tract 5244 recommending that'Final Design Approval be granted for the decorative fencing and final landscape plans for Tract 5244. The subject report was amended by changing condition b) to read as follows: "b) Provide adequate sprinklers to property maintain landscaping .as determined by Planning Director." -8- Plannin~ Commission Minutes - June 25~ 1973 - Continued IV. A. Tract 5244 - Continued .Commissioner Belanger moved, seconded by Commissioner Woodward, that the Staff Report relative to Tract 5244 dated June 25, 1973 be adopted,.=as.amended,.and tb§t F~pal Design ApprOval be granted for the decorative fencing and final landscape plans as shown on Exhibit "X" and "Y" Subject to the conditions stated in said report; motion carried unanimously. V. ENVIRONMENTAL IMPACT REPORT None VI. MISCELLANEOUS ITEMS A. SDR-1049 - Gordon E. Jensen~ Quito Road - Reconsideration of Condition The Secretary introduced the Staff Report dated June 25, 1973 relative to SDR-1049 with the condition II-P deleted as requested by the applicant. Commissioner Marshall moved, seconded by Commissioner Belanger, that '~ ~e~H~'S~f~'R~port d~ed June 125,/1973 relative to SDR-1049 be adopted ahd 'that t~e tentative map (Exhibit "A ~,r filed June 6, 1973) be approved subject to the conditions set fort~ in said report; motiGn carried unanimously. B. SDR-911'- Willard Thompson, Oak Street and St. Charles Street - Request to Delete Sidewalk on St. Charles Street Commissioner Marshall explained that there is no real need for pedestrian movement along St. Charles Street; therefore, the requirement to provide a sidewalk can be eliminated as requested by the applicant. The Fire Department has approved said deletion of the sidewalk requirement. Commissioner MarShall moved, Seconded by Commissioner Belanger, that the.request to eliminate the reqdirement for a sidewalk along St. Charles Street be approved and that the Improvement Plan Exhibit "A" be approved; motion carried unanimously. C. Bohlman Road Stud~ - Status Report Chairman Lively, after a brief discussion, directed the Secretary to schedule a public hearing relative to this matter for ~h~/Pl~pning Commission meeting of July 23 1973. D. GATEHOUSE CONDOMINIUM The Secretary explained that the Gatehouse Condominium intends~'to install a elaborate gate for security reasons and would like the Commission to review same andzdetermine if it was necessary to submit the matter for Design Review Approval. The Planning Commission reviewed the exhibits submitted and decided it was not necessary to submit the proposed gate for Design Review Approval. VII. COMMUNICATIONS Parks and Recreation Commission Memos The Secretary stated that two (2) memos had been received from the Parks and Recreation Commission: # 1) Recommends approval o~ both preliminary drafts of the Open Space Element and Conservation Element with two (2) minor changes. -9- Planning Commission Minutes - June 25~ 1973 - Continued VII. Parks Memos - Continued ~ 2) Contains recommendation. relative to Designation of Park Categories. Commissioner Belanger recommended that these memos be duly noted and forwarded to the City Council. Chairman Lively so directed. Memo from Code Enforcement Officer The Secretary stated that the Code Enforcement Officer did prepare a memo stating the status of different violations noted by the Planning Commission. Commissioner Marshall stated that on Saratoga-Sunnyvale Road at the corner near Paramount Drive there is a car with an open sign on it that should be removed. Chairman Lively .stat~ed.'~ there is. still some grading being done on the area of the Marshall Lane School and he asked the Secretary to check into the matter. Commissioner Marshall noted that[there seems to be a lack of landscaping in Saratoga Park on Saratoga Avenue. Chairman Lively asked the Secretary to review this situation. Commissioner Belanger requested that 'somebody.~check into the landscaping- .aloDg '.Cox Avenue to determine which projects are maintained as required by the City and which are not. Bo ORAL lOsterlund Enterprises ._-.j Mr. Tersini, representative of 'O=ste°r-lu~ stated that the pending litigation against the City by Osterlund Enterprises will be dropped. Commissioner Belanger stated thai this move on the part of Osterlund Enterprises has raised her opinion of this developer. VIII. ADJOURNMENT Commissioner Marshall moved, sec6nded by Commissioner Belanger, that the meeting of June 25, 1973 at 11:00 P.M.; motion carried unanimously. Respectfully submitted, S tary Saratoga Planning Commission j -10-