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HomeMy WebLinkAbout09-12-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION SUMMARY OF MINUTES ***********~******** TIME: Wednesday, September 12, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting ******************** I. ROUTINE ORGANIZATION Due to the absence of Chairman Lively Vice-Chairman~Marshall presided at this \ meeting. : A. ROLL CALL Present: Commissioners Belanger, Marshall, Smith, and Woodward. Absent: Commissioners L'ively, Martin, and Matteoni. B. MINUTES Commissioner Smith moved, seconded by Commissione~ Belanger, that the reading of the minutes of the August 27, 1973 meeting be waived and that they be approved as distributed to the Commission with the follow- ing changes:. .page 4. ounder'III. B.. .condition 11.. .delete the last sentence and instead insert. . ."Finished grades shall not exceed l~-feet above grade of adjoining existing subdivision.;. . page 4. .under III. D...paragraph 2. .line 1. .change the word "fill" to "cut";. .page 7. .under Vii. SD-1040. .add the following paragraph. ."Commissioner Belanger requested that copies of the petition also, be provided to the Planning.Commission and that this petition be entered as a timely appeal by the!neighborhood for reconsideration of condition 15 of SD-1040.";. .page 8. .under VII. B. . .Violations p~ragraph"il. .add the following:'. ."She specifically requested a property-by-property description for both sides of Cox Avenue, giving the state of present landscaping and fixing the responsibility for the planting and maintenance of each property so described. Are there bonds to be called or have bonds been released where work is not done?". . to paragraph 2. .add. ."TO insure follow-through, the Chairman, also, directed the Secretary t0.'.circula~e a memorandum on these violations to all City departments, enlisting their help and advice where appropriate~"~ motion carried with a majority vote and with Commissioner Woodward abstaining. C. CITY COUNCIL REPORT Commissioner Smith noted the following items discussed at the City Council meeting of September 5, 1973 as being of significant interest to the Planning Commission: 1) Parking on Fourth Street for the Gatehouse Condominium. 2) Termination of the Lyngso Garden Material Center on Saratoga-Sunnyvale Road. 3) Abatement of Cox Garage. 4)Request from Mr. Barco that the entire trails and pathway program be reviewed by the City. Planning Commission Minutes - September 12~ 1973 - Continued II. PUBLIC HEARINGS .A. Proposed Amendment to Zoning Ordinance NS-3, Article 3 - Regulating Two-Story Residences in New Subdivisions The Secretary explained that theNotice of Hearing was published and a copy of the proposed ordinance'has been provided for each Commissioner for review prior to the next regular meeting. No one present wished to comment. relative to this subject. Chairman Marshall did not open the.hearing at this time and asked thatthe members of the CommisSion review the proposed ordinance amend- ment and be prepared to present their comments at the meeting of September 24, 1973. B. Proposed Amendment td Zoning Ordinance NS-3, Article 3 ' Regulations for Hillside Combining Zoning Districts Continued from August 27~ 1973 The Secretary explained that this ordinance amendment will require further review by the City Attorney and should be continued to the next regular meeting. No one present wished to comment in connection with this matter. Chairman Marshall did not open the hearing at this time and directed the proposed ordinance amendment continued to the next regular meeting. C. V-397 - Terence P. Woods, Old Oak Way - Request for Variance to Allow a Reduction ~i~ Pront Yard Setback Requirements - Continued from AuSust 277'~973' Chairman Marshall reopened the hearing relative to V-397 at 7:43 P.M. The Secretary explained that the. Variance Committee,i. after an on-site ~'fnspection of the.site, requested a revised site plan. showing th~ existing topography and the accurate representation of the tree~.locations and other items of interest pertaining to justification for the requested Variance. This plan has been submitted; however, the Variance Committee has not had an opportunity to review same. The applicant and his architect were both present and stated they were prepared to answer any questions the Commission'might have relative to the revised site plan. No one else present wished to comment. Chairman Marshall closed the hearing for the evening at V-397 continued to the next regular meeting, and referred same to the Var-. lance Committee for study and a report. Commissioner Woodward, on behalfzof the Variance Committee, arranged for an on-site inspection of the property with the applicant for Saturday, September 15, 1973 at 9:00 A.M. D. V-399 - Gordon Stroud, Horseshoe Drive - Request for a Variance to Allow a Reduction in Side Yard Setback Requirements - Continued from Au~ust.27~ 1973 Chairman Marshall reopened the hearing in connection with V-399 at 7:46 P.M. The Secretary read the Staff Report dated September 12, 1973 recommending that the request for Variance in connection with V-399 be denied. No one in the audience wished to comment relative to V-399 and the applicant was not present. Commissioner Belanger asked if this Variance is denied if there is a follow-up to insure that the applicant does build a garage according to a plan that conforms with the ordinance. Planning Commission Minutes - September 12~ 1973 - Continued II. D. V-399 - ContinUed The Secretary explained that the Building D~partment is taking steps to~ma~e sure this applicant builds a garage in conformance with the coa~:- Commissioner Woodward moved, seconded by Commissioner Belanger, that the public hearing in connection with V-399 be closed at 7:49 P.M.; motion carried unanimously. Commissioner Woodward moved, seconded by Commissioner Smith, that the Staff Report dated September 12,. 1973 relative to V-399 be adopted and that the Variance to _allow~reduction in side yard setback require- ments be denied 'on the basis that the findings required under Section 17.6 of Ordinance NS-c cannot be made' for the reasons stated in said report; motion carried unanimously. E. V-400 - David Duncan, Granada Court - Request for Variance to Allow a Reduction in Side and Rear Setback Requirements Chairman Lively opened the public hearing relative to V-400 at 7:50 P.M. The Secretary stated that the Notice of Hearing was mailed and a Variance is requested for construction of a swimming pool. No written communications have been received relative to V-400. 'The applicant was present and stated the Variance is necessary in order to save a very large waInut tree. Placement of the pool anywhere else on the lot is impossible.unless the subject..t'~'e'e' is remoyed. No one else present wished to comment. ~ C~airman Marshall"closed the pUblf6"h~aring for the evening at 7:52 P~M. .directed V-400 continued to the next regular meeting, and referred same to the Variance Committee for study and a report. Commissioner Woodward, on behalf of the Variance Committee, arranged for an on-site inspection of the property with the applicant for Saturday, September 15, 1973 at 9:30 A.M. F. UP-227 Luceal Fitzpatrick, Sousa Lane - Request for Use Permit to Allow a Residential Care Unit Chairman Marshall opened the hearing relative to UP-227 at 7:54 P.M The Secretary stated the Notice of Hearing was mailed and then read a communication received from Mr. Donald A. Ulmer of 13338 Carick Avenue in favor of the proposed Use Permit for conversion of an existing resi- .dence into anresfdential care unit on Sousa Lane. The applicant was present and stated she has operated a convalescent hospital on Sousa Lane for several years and now would like to convert an adjoining large residence' int~ a residential care unit and house approximately six (6) people. No one else present wished to comment relative to this matter. Chairma~".Marshall cl'osed the hea~ing for the evening at 7:59 P.M., directed UP-227 continued to the next regular meeting, and referred same to the Subdivision Committee for review and a report. III. BUILDING SITES AND SU%DiVISIONS A. SD-1052 - Osterlund EnterpriSes, Fruitvale Avenue and San Marcos Road -. Revision of Tentative Map - Continued from AuSus.t 27~ 197.3 ... The Secretary explained that this proposed subdivision was previously approved by the Planning Commission; however, the applicant has now submitted a revised street pattern and an area-wide circulation plan. -3- Planning Commission Minutes - September 12~ 1973 - Continued III. A. SD-1052 - Continued The Secretary further stated that the revised.plans~. als_o_, include · .a possible street-pattern for the area between Fruitvale Avenne and Sobe~'~Road to the.'s~h'~'b'b'd~'d~'y of the Oddfe'ilow~s Home~ property north to Ten Acres'Road. The plans have been revised in order to not utilize the existing Oddfellows Road and provide a backiDg up of the lots to the Oddfellows Road and'the homes along San Marcos Road. Mr. Trinidad, the Assistant Director of Public Works, stated that any of the alternatives offered in the revised plans.would b'~s'i~x'ccally serve the public need on providing access to any of the"Oddfel'f~'s excess property tha~ is not being used at present as part of the home site. Any of the three (3) alternatives really does not concern this developer only to the point that the property which he is develop- ing.can be done with the preferred street pattern and still provide service to the remaining area. Chairman Marshall noted that in all three (3) alternatives San Marcos would remain a private road. Mr. Conklin, present to represent the Oddfellows Home, stated that 1) he has no objection to the Osterlund revised plan as shown to him 2) iYh'~"O'd~¥ellows have no ne~d'Y~ ac;cess or egress through the Osterlund propert~'and'~ike the,idea of maintaining Oddfellows Road down to Fruitvale Avenue 3) the first proposal presented by the appli- cant is the most desirable since it has three (3) access roads to the Oddfellows land and the owners of that land are not now in a position to say what will be done with same and 4) there is a cemetery to the rear of the land. Mr. A. Brolly of 14680"Fruitvale Avenue stated that 1) at the August 27, 1973 meeting he was asked to submit a map showing access to his property 2) at that time he anticipated that he could provide that - in the mean- time that has become impossible.3) the engineer for Osterlund offered to show a means~'.of~lega~.'7~ access to the Brolly property on the developer's revised maps and he (Brolly) accepted that offer and approved the plans 4) the revised plan is superior to the cul-de-sac previously proposed under another plan and 5) whatever planning is eventually done for the Brolly property it will be done around the access road as proposed by this developer. Mr. Conklin stated there is a little piece of the Oddfellow property that sticks out onto Fruitvale Avenue and after the developer finishes construc- tion of his walkway easement it.is the hope of the Oddfellows that the developer will pave that little:piece and move the existing 4-inch water connection back behind the street line. Mr. Cecchi, applicant's engineer, explained that this question must be worked out with the developer. 'The pavement of the area is no problem but the expense of relocation of the water facility may.be. The Secretary recommended that Conditions 1 and 16 of. the, ~'Staff .~Report dated September 12, 1.973 be changed to read as follows: "1. Comply with Standard Engineering'Conditions dated August 27, 1973." "16. The developer shall enter into an agreement with the City. · . of Saratoga to maintain 'landscaping for the entrance area, decorative fencing wall and/or hedging and landscaping con- sisting of not less than a 15-foot wide strip between fencing and walkway along the entire frontage of Fruitvale Avenue. Said maintenance requirement to be written into the individual deed for all lots." - -4- Planning Commission Minutes - September 12, 1973 - Continued III. A. SD-1052 - Continued Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated September 12, 1973 be adopted, as amended, and that the tentative map (Exhibit "A-2", filed September 7, 1973) be approved subject to the conditions set forth in said report; motion carried unani- mously. · ' B. SDR-1067 - Joseph R. Heim, Pike'Road - Building Site Approval - 1 Lot - Continued from August 27~ 1973 The Secretary recommended that SDR-1067 be continued to the next regular meeting to allow additional time to review the revised map. Chairman Marshall so directed. C. SDR-1068 - Daniel Gilbert~ Belnap Drive - Building Site Approval - 1 Lot The Secretary recommended that SDR-1068 be continued to the next regular meeting on the basis this site is located in the Bohlman Road Study area and is already an existing lot; therefore, not subject to the Emergency Ordinance. Additional time is required to more.carefully review conditions set down for SDR-1068 by the Department of Public Works, Fire Department, Water Works, etc. Chairman Marshall so directed. Do SDR-1069 - John Grammer~ Canyon View Drive - Building Site Approval - 1 Lot The Secretary explained that this lot was granted site approval at one time, but it has since expired.' .l~e applicant was present and stated he had reviewed the proposed conditions of approval and expressed satisfaction with same. Mr. Trinidad, in answer to an inquiry from Commissioner Smith, stated that the Fire Department can see no problem in serving this parcel since the driveway is located close to the roadway. The Secretary recommended that condition N. be added to the Staff Report as follows: "No Design Review for said residence required." Commissioner Smith moved, seconded by Commissioner Belanger', that the Staff Report dated September 12, 1973 relative to SDR-1069 be adopted, as amended, and that the tentative map (Exhibit "A", filed August 27, 1973) be approved subject to the conditions set forth in said report; motion carri. ed unanimously. E. SDR-1070 - Douglas P. Hines~ Pierce Road - Building Site Approval - 3 Lots The Secretary recommended that SDR-1070 be continued to the next regular meeting since there are still many problems that need r'eviewing. Chairman Marshall so directed. F. SDR-1071 - William P. Walter~ Foothill Lane - Building Site Approval - 1 Lot The applicant was present and stated he had reviewed the proposed conditions of approval and would request that condition C. be waived or altered to re- quire only a 15-foot clearance or driveway approach in order to retain an existing tree. He has discussed this matter with the Fire Department and and they have no objection to the change. i'M~. Trinidad explained that usually in situations of this sort a meeting is held in the field with a representative of the FireTDepartment to resolve the matter. -5- Planning Commission Minutes - September 12~ 1973 - Continued III. F. SDR-1071 - Continued Commissioner Belanger noted that she is bothered by the sight distance problem that may be created if tree removal is not required especially on this country-like road. Mr. Trinidad explained that the advantage here is that it is the last lot on Foothill Lane. Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated September 12', 1973 relative to SDR-1071 be adopted and that the tentative map (Exhibit "A", filed August 28, t973) be approved subject to the.conditions set forth in said report; motion carried unanimously. G. SDR-1072 - Leonard E. Good~ Men~elsohn Lane - Building Site Approval - 1 Lot The Secretary recommended that SDR-1072 be continued to the next regular meeting since Public Works wants to review the.storm drainage require- ments for this property. Chairman Marshall so directed and referred the matter to the Subdivision Committee and Staff. H. SDR-1073 - James Rodrigues, Woodbank Way - Building Site Approval - 1 Lot The applicant was present and stated he did review the Staff Report rela- tive to SDR-1073 and has submitted a letter requesting a rewording of one of the conditions contained therein.~ The Secretary read the letter requesting that condition II-E of the · subject report be rewritten as follows: "E. Construct road paving on corridor to 18-feet for the first 141-fee~, narrowing to 12-feet the re- maining distance to building site, using double seal oil and screening on 6-inch A.B. Continuous drive will have clearances as required for fire vehicles and as approved by Director of Public Works." Commissioner Smith recommended that sa~d request be referred to the Subdivision Committee for study. Mr. Rodrigues, the applicant, was present and stated that 1) he has spent considerable time on this one particular condition 2) he has had several contacts with the representatives of the Fire Department and it is his understanding the Staff has, also, discussed this matter with them 3) a neighbors yard and patio would be invaded if the drive- way width were required as presently stated and 4) the Fire Depart- ment has stated that the 18-foot width for the entire driveway corridor is not necessary in this. case. Mr. Trinidad stated that Staff wise it is agreed that the 12-feet would be adequate. The Secretary recommended that,=perhaps, Building Site Approval could be granted at this time and the request for a change in the conditions could be considered at the next regular meeting of the Commission. Mr. Trinidad explained that Mr. Cornelius of the Fire Department did say that on a single lot a 12-foot width for this area of the driveway wo~ld be adequate. Planning Commission Minutes - September 12, 1973 - Continued III0 H. SDR-1073 - Continued The Secretary stated that a letter received from the Fire Department states that a 12-foot width for'the d~iveway is acceptable. The Secretary, in answer to an inquiry from Commissioner Belanger stated that D~sign Review Approval will be required for this lot and recommended that condition tI-M. be added as follows: "M. Design Review for said residence is required." Commissioner Smith moved, seconded by Commissioner Belanger, that the Staff Report dated September 12', 1973 be adopted, as amended, and that the tentative map (Exhibit "A", filed August 31, 1973) be approved snbject to the Conditions set forth in said report; motion carried unani- mously. Chairman Marshall referred the request for reconsideration of condition II-E to the Subdivision Committee and Staff for review and directed the said request continued to the next regular meeting. IV. DESIGN REVIEW None V. ENVIRONMENTAL IMPACT REPORTS None VI. MISCELLANEOUS ITEMS' A. SDR-1066 - Richard and Tandra Calarco, Pike.Road - Request for Reconsider- ation of Conditions The Secretary explained that this request pertains to reconsideration of the condition requiring rather extensive road improvements which would, of course~result in extensive cost to this applicant. The City.Council has asked the Staff to review and present alternatives on the entire matter of~ .'Pike Road improvements and' he would ~eCommend that this request be included in"~that'review. Commissioner Smith advised that. the C~ty Council Committee of the Whole will soon be reviewing another ~imilar.request on Pike Road and, perhaps, this r/equ~tiL. should be denied by the Planning Commission at this time and the applicant. can then appeal the matter to'the City Council. Mrs. Calarco was present and stated that the cost of the improvements would be very extensive and this is a major issue. An effort is being made to organize all the properly owners on Pike Road together to widen the whole area of Pike and it is felt that this method would decrease the overall cost somewhat. Commissioner Smith moved, seconded by Commissioner Belanger, that the Planning Commission deny the request for reconsideration of conditions and forward said recommendation. for denial to the City Council; motion carried unanimously. B. Painless Parker Ranch - Review of Proposed Plans The Secretary recommended that presentation of the proposed plan for the Painless Parker Ranch be delayed until all the members of,the Planning. Commission can be present. Chairman Marshall so directed. C. West Valley Junior College ~ Gradins The Secretary stated he did not knowwhat the problem is, but he has been unable to reach anybody in authority at the College. A report will be pre- sented as soon as possible or as soon as the needed information is made available -7- Planning Commission Minutes - September 12, 1973 - Continued VI. C. WVJC - Continued Chairman Marshall asked the Secretary to obtain some information relative to the grading in the area immediately,~'d]~eent to Fruitvale Avenue. C~mmissioner Belanger stated that she is particularly interested in how' the College could come up with a. special committment of $275,000 for movement of all this earth when they could not produce $30,000 to $50,000 to move the controversial hockey field. Chairman Marshall requested the Secretary to inquire about this. D. Margolis - Illegal Use in an R-1 Zoning District The Secretary explained that since the Code Enforcement Officer has resigned no report is available relative to this matter at this time. E. Carreia Operation The Secretary explained that the status report of this operation seems to be that the operation may be obsolete. E. Parking - Marshall Lane and Quit0 Road The Secretary explained that this violation is still the same. The resident at this location has done nothing to abate this violation. F. Fill Dirt at Marshall Lane School The Secretary stated that a propgsal for this matter is now available Tb..e reason for this fill being there, according to the developer, is that they are proposing a berm that Will act as a landscape feature and noise barrier. The matter should be referred to the Subdivision Committee and Design Review Committee since this proposal would call for a revision in the plan. Chairman Marshall referred the matter to the Design Review Committee for study and a report. VII. COMMUNICATIONS A. WRITTEN Tract #4768 - Request for Extension The Secretary read a letter submitted by Mr. Cecchi, engineer for Osterlund, Ent.,requesting a six[y (60) day extension for Tract 4768. Commissioner Belanger stated that the time limit 6riginally imposed on Tract 4768 was due to the concern that the Change of Zoning would be approved and then another builder would be brought in; however, this builder has indicated he is very serious about proceeding with this development. Commissioner Belanger moved, seconded by Commissioner Smith, that this request for a sixty (60) day extension in connection with Tract 4768 be approved; motion carried unanimously. Communication from Geraldine L. Barrett The Secretary read a communication from Geraldin~ L. Barrett stating he opposition to the proposed Change of Zoning for Ben R. Shippen for property located on Allendale Avenue. -8- Plannin8 Commission Minutes - September 12, 1973 - Cot d ~ VII. A. WRITTEN - Continued Santa Clara County Historical HeritaSe Committee Commissioner Smith noted that a written reply is necessary to the Santa Clara County Historical Heritage Committee to inform them r. if the City is interested in designating a representative to '~iactively participate in this Organization. Chairman Marshall requested thel Secretary to prepare a reply stating the City did plan to participate. Bicycle Route System - Cox Avenue The Secretary read a memo from the Mayor's Select Committee for review of the Demonstration Bicycle Route System reaffirming their position for a pathway on Cox Avenue with or without a demonstration bicycle route system. Chairman Marshall referred the matter to the Design Review Committee and requested that the matter be jointly settled by the Design Review Committee and the Parks and Recreation Committee. Commissioner Kraus,~ advised that the City Council did request that every effort be made to work around removal of any trees along this area of the proposed pathway. Commissioner Belanger noted that along this strip of road there are some walnut trees already dying.- this will certainly alter the land- seaping Sit'uation. Mr. Trinidad explained that the landscape consultant has advised that those trees are in dire need of water and that the dead wood should be removed, but that the trees are in good condition. Mr. Tersini, developer, in answer to an inquiry from Commissioner Belanger, stated that the sprinklers have.not been installed at the request ~f the Public Works Department. Mr. Trinidad explained that the developer was asked to hold up installation of the sprinklers Until a determination on the pathway is made. 7-11 Spee-dee Mart Chairman Marshall noted that a commun-+.cation received from Mary Wade stated her opposition to the location of a 7-11 Spee-dee Mart on Big Basin Way. B0 ORAL Trees Commissioner Woodward stated that she and Commissioner Matteoni are concerned about an oak tree that looks very ill in front of the Saratoga Foohills Development Corporation subdivision on Saratoga- Sunnyvale Road. She would request that someone check it. The developer did indicate that area would be landscaped; however, only three (3) trees have been planted and it appears they were planted by the homeowner. There is, also, a hazard there for anyone coming out from that driveway due-to a mound of dir.t. Commissioner Belanger wondered if there is a mechanism to assure that a tree will survive after diggipg and building has occured around it. The Secretary explained that a tree consultant could be engaged to look at the tree and advise the City how to treat the subject tree. -9- Planning Commission Minutes - September 12~ 1973 - Continued VII. B0 ORAL - Continued Chairman Marshall acknowledged,' with pleasure, the presence of Councilman Kraus, Mr. and Mrs. McGuire of the Good Government Group, Mr. and Mrs. James Rodrigues of Woodbank Way, and Mr. Tersini and Mr. Checchi present to represent Osterlund Ent. VIII. ADJOURNMENT Commissioner Belanger moved, seconded by Commissioner Smith, that the meeting of September 12, 1973 be adjourned at 9:25 P.M.; motion carried unanimously. Respectfully submitted, lker, Secretary ° ing Commission j -10-