Loading...
HomeMy WebLinkAbout03-23-1977 Planning Commission Minutes CITY OF SARATOGA PL.~JqNING C0~BIISSION MINUTES DATE: Wednesday, March 23, 1977 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Williams and Zambetti Absent: Commissioner Marshall B. MINUTES Commissioner Callon moved, seconded by Commissioner Zambetti, that the/reading of the Flanning Commission meeting minutes of March 9, l~.:be waived, and that they be approved as distributed to the commission. The motion was carried; Commissioner Lustig abstained. C. WELCOME TO NEW CO~IISSIONER Chairman Belanger welcomed :Shelley Williams as th~ new member of the Planning Commis- sion. She informed those present that'Mr. Williams:~ad been a resident of ~he City for 18 years, and was a local realtor. Additionally, she pointedtout that he~eld a degree in education from the University of South Carolina, as well as a master's degree in education from Stanf6rd University. She made note of the following community activities with which ~IF. Wfr!iams was associated: member~ of the General Plan Committee of 1974 and 1975; member of the Los--Gatos-Sarafoga Board of Realtors~ member of the Westbrook Homeo~mers Association; member of the Redwood School Advisory.-.o~i~'t~e; and member of the 1975 Friends of the Library Financial Committee. Chairman Belanger noted that Mr. Williams has expressed a desire to maintain the rural character.of the community and to make Saratoga a better place in which to live; additionally, she noted his keen interest in senior citizen housing. II. CONSENT CALENDAR A. Composition of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission approve the Consent Calendar of March 23, 1977. As note was made that a member of the audience wished to address the Commission on item A-559 of the Consent Calendar, Commissioner.s LuSt~nd Laden withdrew their motion'F Commissioner Callon moved, seconded b~ CommisSi0her Laden, that Item B-1 (A-559) be removed from .approval of the Consent Calendar. The'mo~'ion was carried unanimously. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commis- sion grant approval to the following applications: 1. Design Review A-560 - James W. Day Construction Company, Taos Drive, Final Design Review Approval 1 Lot (SDR-1164) - Per Exhibit "A" and the Staff Report dated March 18,1977 A-563 - James W. Day Construction Company, Chester Avenue, Final Design Review Approval - 2 Lots (Tract #5923) - Per Exhibits "A" and "B" and the Staff Report dated March 18, 1977 The motion was carried unanimously. -1- PC MIN~jTES OF 3-23-77 II. CONSENT CALENDAR - Cont'd Dis~.s_igp f~!lowed' pn app~qation A-559 - Iacomini Construction Company, Carnelian Glen Court, Final Design Review Approval for 1 Lot in Tract #5575. Mr. Terry Rose explained that he was the o~mer of a lot 2 houses from this site. He pointed out that when he pur- chased this site from Dividend Industries, he was assured that residents in this subdivi- sion would have the opportunity to review plans of new homes within the subdivision. He pointed out that he had not been notified that these plans were being reviewed by the City, and he objected to the desigB~..o-f the residence~on-the basis that it was not ~ keeping with the character of the neighborhood. He requested that 'this mat'{e~ be continued to allow ...... him an opportunity to furthe'~'~eview the plans. "'7~;j~t wa"~xplained that the Planning Commission did not have the authorit~' to' enforceQ~/~e agreements for subdivision architectural review. The point was made that the Design Review Committee had reviewed and endorsed these plans on the basis of City design review criteria. The City Attorney advised Mr. Rose that if this plan was found to be unacceptable by the ~'~ homeo~mer's architectural review committee, the committee._Could seek an injunction against the property owner to prohibit buildin~.~_'j ..... ~= _~..~'_ .~: '~..'-,---:-~-~7--- _- ~.._ ~ --= ........ Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission grant final ~esign review approval to application A-SS9 per Exhibits "A" and "B" and the Staff Report dated March 18, 1977. The motion was carried unanimously. III. TENTATIVE SUBDIVISIONS A. SD-1293 - Osterl.und Enterprises, Allendale Avenue, Tentative Subdivision Approval - 26 Lots; Continued from March 9, 1977 Although it was pointed out'Lthat a Staff Report had been prepared on this application, Staff suggested that this be continued. It was noted that the rezoning request by .. the_~pplicant relative to a portion of this site had not ~s yet been approved by the City Council, and Staff expressed the opinion that continuance of this item would not cause an additional delay to the applicant inasmuch as the rezoning would not go into effect until 30 days after Council approval. Jim Harper, representative of the applicant, requested that action be taken on this matter this evening. Additionally, with regards to Condition VIII-A(1) of the Staff ~ Report, he asked whether it was the City's intent to require landscaping and irrigation '~ w~t~'~'n"~he required emergency access road easement. S~f~ explained'~h'~f{ was the {~ intent of the City to have landscaping surrounding this easement, allowing enough space ?i for emergency vehicles. Staff suggested that this condition not'be altered, but rather, · i be interpreted as part of improvements for private lots abutting this easemen~ at the !] time of individual design review approval. -:-.-.-_.-<--'- -- ' --""'¢'-~'-~--~ Because the rezoning matter relative to this subdivision had not been approved by the City Council, it was the consensus of the Planning Commission to continue application SD-1293 to the Planning Commission meeting of April 13, 1977. B. SD-1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Continued from March 9, 1977 Staff requested that this matter be continued pending further review. Chairman Belanger directed that application SD-1296 be continued to the Planning Commission meeting of April 7, 1977, and referred this mtter to the Subdivision Committee for further review. IV. PUBLIC HEARINGS A. V-463 - Li ~hi and Shou-Yi Hsu, 13442 Holiday Court, Request for Variance to Allow a 15-Foot Frontyard Setback in Lieu of the Required 25-Foot Setback for Residence to be Constructed on Canyon View Drive (Ordinance NS-3, Section 3.7-1); Con- tinued from March 9, 1977 Chairman Belanger reopened the public hearing on V-463 at 8:05 p.m. As there were no comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the public hearing on V-463 be closed, The motion was carried unanimously, and the public hearing was closed at 8:06 p.m. -2- PC MINUTES OF 3-23-77 IV. A. V-463 - Li Chi and Shou-Yi Hsu - Cont'd Commissioner Laden reiterated the Variance Committee's findings that the variance would assure the most appropriate use of this site. She explained that due to the steepness of the site near Canyon View Drive, moving the proposed house away from the street into ' the required frontyard setbacks would ~educe the amount of grading required. Note was made that the problems relative to driveway improvementi~plans had been resolved to the satisfaction of the Public Works Department by the applicants and their adjacent neigh- bors, the Picards. Commissioner Callon moved, seconded by Commissioner Laden, that the Planning Commission grant approval to application V-463 per Exhibit "A" and the Staff Report dated February 18, 1977. The motion was carried unanimously. V. DESIGN REVIEW A. A-551 - Henry Fallek, Pike Road, Final Design Review Approval, Single-Family Residence; Continued from March 9, 1977 Staff requested that this matter be continued pending approval of the tentative build- ing site application by the Land Development Committee. Chairman Belanger directed that application A-551 be continGed to the Planning Commission meeting of April'.~3,1977 and referred this matter to the Design Review Committee for further review. B. A-564 - Gerald Butler, Taos Drive and Douglass Lane, Final Design Review Approval, Single-Family Residence Note was made that the problems with the driveway and landscaping had been resolved to the satisfaction of the Design Review Committee. Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission grant final design review approval to application A-564 per Exhibits "A" and "B" and the Staff Report dated March 18, 1977. The motion was carried unanimously. C. A-566 - Daniel Antovich, Sperry Lane, Final Design Review Approval - Single-Family Residence It was requested that this matter be continued pending review of recently-submitted, revised plans. Chairman Belanger directed that application A-566 be continued to the Planning Commission meeting of April._13, 1977,.and referred this matter to the Design Review Committee for further review and report. D. A-529 - W.C. Garcia.~ Assoc., Saratoga~Sunnyvale Road/Prospect Road, Final Design Review Approval - Commercial Lot; Continued from February 9, 1977 A-530 - Ira Kirkorian, Saratoga-Sunnyvale Road, Final Design Review Approval - Commer- cial Lot; Continued from February 9, 1977 The Secretary explained that due to a~Staff oversight, these matters were not formally agendized for this meeting as directed by the Commission at its meeting of February 9, 1977. It was pointed out, however, that if the shopping center project was to proceed, application would have to be made for a use permit which would require a public hearing before the Commission and noticing of all residents within 500 feet of these sites. It was requested that the Planning Commission table these two design review applications until after application had been made for use permit. Chairman Belanger directed that applications A-529 and A-530 be tabled until such time as application was made for a use permit on these sites. VI. MISCELLANEOUS A. SDR-1282 - ~{artinskis & Associates, Madrone Hill Road - 1 Lot, Appeal of LDC Require- ments Regarding Fire Protection; Continued from March 9, 1977 It was noted that a memorandum had been prepared by Staff recommending approval of the applicant's appeal of water flow requirements subject to additional conditions. Essen- tially Staff explained that the applicant would be required to install a 6" water main from~an existing fire hydrant on Madtone Hill Road up to a new hydrant within 500' of th ~pp~i~ant!s proposed .hou~er. S~af~ p~i~t'~d out that presently there was substandar~ fire '-3- MINUTES OF 3-23-77 VI. A. SDR-1282 - Martinskis & Associates - Cont'd protection for many of the homes within this area, and that it was felt that these improvements would upgrade the overall fire protection situation for at least 7 homes within the immediate area. Staff made note that this proposal was acceptable to the Saratoga Fire District. Considerable discussion followed on this matter, with Commissioners Zambetti, Laden and Lustig expressing concern over reducing the requirements for fire protection in this area. Commissioner Lustig expressed disapproval of allowing a 6" water main to be connected to a 4" water main. He suggested that the applicant be requested to resolve this problem with developers of the Niven property; a potential subdivision site which would be required to provide adequate fire protection via a 10" water main in the area. Commissioner Zambetti moved, seconded by Commissioner Lustig, that the Planning Commis- sion deny the applicant's request for appeal of V-A, B, C and VI-A of SDR-1282. Ex-Commissioner Norm Martin was present'i~ the/audience, and gave a brief report of the ~S~b~7~lon Commi~'Ff~dings on this matt~. He of~r~"~his rep6rt inasmuch'~'s' ;there were no members of the Subdivision Committee present who could explain the find- jf~ngs ~'by the Committee at its meeting of March 22, 1977. Mr. MartiH stated that al- ~h~h'~H~" Cb~it~ee was relunctant to reduce its requirements for fire protection, it 7~_Y_d_'._f~!_F.~ extremely unfair to require the applicant to install a water system at an es timated cost of $f0~0~'£o upgr~d'~"~h~"en~ire'n-eig~bo~h0od. H~"~of~a'out th~f ~his lot was the last lot in the neighborhood to develop, and he noted that the applicant had been unsuccessful in his attempts to convince these neighboring property owners to share in the expense of upgrading the fire protection system in th~ area. He noted that the Commission had often required applicants within the hillsides adjacent to the County to connect 4" water mains to County-required 2" mains for purposes of upgrading the system, and he maintained that a 6" main would help to upgrade this vacinity's system. Commissioner Callon also favored approval of the requested appeal, pointing out that this was an in-fill situation, and noting that the Fire District (who had set the original conditions)'was_~greeable to this proposal. At this time, Commissioner Lustig withdrew his second to the motion for denial. Said motion failed due to a lack of a second. ~ Commissioner Callon moved, seconded by Commissioner Laden, that the Planning Commission ? grant approval of the appeal on SDR-1282 per Staff's recommendations contained in its memorandum of March 22, 1977. The motion was carried; Commissioner Zambetti voted no. B. SDR-1290 - Lauren Hulse, Mt. Eden Road, 2 Lots - Reconsideration of LDC Conditions ?,Regarding Fire Protection and Improvement of Mt. Eden Road; Continued from March 3, 1977 Staff requested that this matter be continued pending further review. Chairman Belanger directed that SDR-1290 be continued to the Planning Commission meeting of April 13, 1977, and referred this matter to the Subdivision Committee for further review. C. Request by George Day Construction Company for Issuance of Building Permit on Lot #11 of Tract #SO07 (Located inside Bohlman Road Study Area); Continued from March 9, 1977 Note was made that a Staff Report had been prepared on this item recommending denial of'the applicant's request. It was pointed out, however, that the applicant was re- questing that this matter be continued insomuch as attempts were being made to pursue redefinition of the Bohlman Road Slide area boundaries. Chairman Belanger directed that this matter be continued to the Planning Commission meeting of April 13, 1977. VII. C0~IUNICATIONS A. Written 1. Letter dated March 8, 1977 from the Northwest Saratoga Homeowners Association ex- pressing the point of view that there was adequate shopping facilities within the -4- PC MINUTES'OF S-23-77 VII. NRITTEN COMMUNICATIONS - Cont'd community and urging the Commission to consider other alternatives for development of the site on Saratoga-Sunnyvale Road/Prospect Road. Chairman Belanger directed that this letter be made part of the file on the proposed shopping center at this location. 2. Letter dated March IS, 1977 from Kosidh Construction Company requesting that Condition VI-B of tentative subdivision approval SD-12SS be modified to allow design review approval for pedestrian walkway landscaping for Lots #1 and #4 to be given "prior to issuance of building permit" instead of the required "prior to final approval." Staff requested that this matter be referred to the Subdivision Committee for review. '~h'~frman Belanger so direcredo. ~_ ~ .-~ ....... , _ - .... - ._ ._ .... ~--.~ -,,._ , -. ,~- 3. Order Sustaining Demurrer and Discharging Alternate Writ was noted in the record. The City Attorney explained that.the C~Xy~__p~_m~_rr~.had been sustained on all .'counts by the LSanta Clara County Superior Court in response to allegations made'by ·Russell Crowt~er on the 1974 General-Plan and HCRD Ordinance. It was noted that Mr. Crow%her waS'given leave to amend 4 counts within SO~days. B. Oral 1. City Council Report - The Secretary gave a brief report of the City Council meeting held on March 16, 1977. A copy of the minutes of this meeting is on file in the City Administration office. 2. It was explained that although the Subdivision Ordinance granted authority to the Planning Staff to approve grading plans, Staff was requesting the Commission and/ or Design Review Committee to review the grading plans submitted by Eldred Kunkel for Tract #5922. It was pointed out that Staff had determined that overall con- tour grading was necessary for this subdivision, and that the Design Review Commit- tee had reviewed the plans on a preliminary basis at its meeting of March 22, 1977. This matter was discussed, and it was the consensus of the Planning Commission that the Design Review Committee be requested to review and approve the contour grading plans for this subdivision. A special Design Review Committee meeting was scheduled for an on-site inspection on Tuesday, March 29, 1977 at 3:30 p.m. The applicant was requested to provide larger plans of the individual lots which re- flected the location of the proposed building pads in addition to an indication of how many stories each homesite would have. Mr. Kunkel agreed to this request. 5. The following agenda was approved by the Commission for its Committee-of-the-I~ole meeting scheduled for Tuesday, March 29, 1977 from 5:00-7:00 p.m. in the Crisp Conference Room: A. Function of Future Commission Committee-of-the-~]~ole Meetings 5:00 p.m. B. IOOF Design Review 5:45 p.m. C. Dividend Industries Final Design Review - Single-Family Homes 6:15 p.m. D. 4th Street Restaurant Building Site/Design Review 6:40 p.m. E. Adjournment 7:00 p.m. 4. Chairman Belanger welcomed Councilman Krause to the meeting, and expressed appre- ciation to Mrs. Moss and Mr. Duffin of the Good Government Group foro7provi~i~ coffee. VIII. ADJOURN~IENT Commissioner Lustig moved, seconded by Commissioner Zambetti, that the Planning Commission meeting of March 23, 1977 be adjourned. The motion was carried unanimously,'.and the meeting was adjourned at 9:25 p.m. ! / Mart~ Wan Du)m, Secreta~ sko/ -5-