HomeMy WebLinkAbout04-13-1977 Planning Commission Minutes CITY OF S,~RATOGA PL~Ni'NING CCM, IISSION
MINIFFES
DATE: Wednesday, April 13, 1977 7:30 p.m.
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California
TYPE: Regular Meeting
I. ROUTIN~ ORGANIZATION
A. ROLL CALL
Present: Commissioners Belanger, Callon, Laden, Lustig, ~rshall, Williams & Zambetti
B. MINIFFES
Commissioner Lustig moved, seconded by Commissioner Callon, that the reading of the
Planning Commission meeting minutes of March 23, 1977 be ~vaived, and that they be
approved as distributed to the Commission. The motion was carried;'C~mmissloner~
Marshall abstained.
II. CONSSNT CALE\gAR
A. Composition of Consent Calendar
Commissioner Lustig moved, seconded by Commissioner Laden, that the Consent Calendar
of April 13, 1977 be approved. The motion was carried unanimously.
B. Items of Consent Calendar
Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission
grant approval to the following items:-
1. Final Building Sites
a. SDR-1247 - Frank Andrews, Carniel Avenue, Final Building. Site Approval 1 Lot
2. Design Review
a. A-502 - DiVidend Industries, Carnelian Glen, Final Design ReviewApproval -
Lot #7 of Tract #5575 - Per Exhibit "E" and Staff Report dated
April 8, 1977
b. A-565 - Saratoga Foothills Development Corporation, Douglass Lane, Final Design
Review Approval - Lot #5 of Tract #5929 - Per Exhibit "~' and the
Staff Repor~datedApril 8, 1977
c. A-568 - Larry. J. Rostocil, Old Oak Way, Final Design Review Approval - 1 Lot
Per Exhibit "A" and the Staff Report dated April 8, 1977
d. A-571 - James Day Construction Company, Taos Drive, Final Design Review
Approval Lot #3 of Tract #5052 - Per Exhibit "A" and Staff Report
datedApril 8, 1977
The motion was carried unanimously.
III. TENTATB~ SUBDIVISIONS
A. SD-1293 - Osterlund Enterprises, Allendale Avenue, Tentative Subdivision Approval -
26 Lots; Continued from ~-~rch 23, 1977
The Actin~ Secretary, Don Burt, noted that the rezoning V~I'i~'~ion (C-187) relative
to this matter was approved by the City Council at its meeting oTApril 12, 1977. He
pointed out that a Staff Report had been prepared recommending approval, and noted
that the Subdivision Committee had reviewred and endorsed this project.
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PLANNING CC~-IISSION MINIFFES OF 4-13-77
III. A. SD-1293 - Osterlund Enterprises Cont'd
After YC~di'~'i'Oh'~"I'I-G and VII-A were clarified for Mr. Jim Harper, representative of
the applicant, ConmYissioner Marshall moved, seconded by Commissioner Lustig, that the
Planning Commission grant tentative subdivision approval to application SD-1293 per
Exhibit '~-3" and the Staff Report dated ~-~rch 23, 1977. The motion was carried
LLnanimously.
B. SD-1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots;
Continued from March 23, 1977
As Staff requested this matter be continued pending further review, Chairman Belanger
directed that SD-1296 be continued to the Planning Commission meeting ofApril 27, 1977.
C. SD-1302 - Clayton Thomas, Allendale Avenue/Chester Avenue, Subdivision Approval- 5 Lots
As Staff requested this matter be continued pending further review, Chairman Belanger
directed that SD-1302 be continued to the Planning Commission meeting of April 27, 1977.
IV. PUBLIC HEARINGS
A. GP-77.1 - City of Saratoga, 1974 General PlanAmendment of Slope Conservation Zone to
Include that 35-Acre Parcel Generally Located beB~'een BohlmanRoad and Norton
-Road (APN 517-013-013)
Staff explained that a Staff Report had been prepared supporting the adjacent citi-
zens' request that this area be included in the General Plan's Slope Consenration Zone~
in order that development of this site would comply with HCRD standards. It was noted
that in order to have this site placed in such zoning, the General Plan must be amended
extending the Slope Conserv-ation Zone and the Zoning Ordinance must be amended to com-
ply with the General Plan. Staff explained that this property was geographicalll___
divided into 3 areas and that it had consistenly been zoned as R-I-40,000.
However, i~'ihYl'9'%4'G~neral Plan the entire site was designated C-S, Community
Services because it was part of the Sisters of Notre Dame property. Additionally,
it was noted that this site was included in the County Bohlman Road StudyArea. Sfaff
further noted that there was presently before the Land Development Committee an appli-
cation for a single lot development of this 35-acre site. It was pointed out that al-
though the site had a potential development of 5-7 sites, the cost of improvements for
water, sewer and roads would preclude such an extensive development.
Chairman Belanger opened the public hearing on GP-77.1 at 7:45 p.m.
Dr. Gregory Fox stated that he was the applicant requesting development of this parcel.
He expressed concern that the new zoning would restrict development of this one lot
because: (1) his proposed access road would exceed the 1500 sq. ft. requirement for
impervious coverage; and._(2) fencing his proposed swimming pool would exceed the 4000
sq. ft. fencing requirement. Dr. Fox also indicated that he proposed to place the ex-
cess land that he did not use in this one-lot development into Williamson Act Contract
"to take the pressure off of subdividing." Additionally, he indicated that the only
feasible building sites on the site were located on the ridgeline.
It was explained that the HCRD Ordinance provided that if the site development'plan
required for such a project was acceptable to the City, the Commission could grant
extra square footage for impervious coverage and excess fencing "if it is done in
good taste and with enough landscaping." Additionally, it was noted that HCRD require-
ments were developed with ~V~ra~i~d"'l~iFih mih'd~' '
As there were no further public comments, Commissioner~iarshall moved, seconded by
Commissioner Lustig, that the public hearing be closed. The motion was carried
unanimously, and the public hearing was closed at 7:55 p.m.
The following Commission comments were made:
® .After reviewing the City zoning map, Commissioner Callon stated that she felt
this piece of property geographically fit well into the HCRD zone, noting that
it was consistent with adjacent HCRD properties.
PLANNING CO~ISSION OF 4-13-77
Chairman Belanger stated that she felt this property should be under HCRD
criteria in order to more thoroughly protect development of the ridgeline.
Commissioner Zambetti stated that if the proposed house was set back from the
ridgeline so that it would not impose on views below, he would support this rezoning.
Commissioner Marshall expressed the opinion that HCRD was the best way to zone
this property if it was going to be developed as residential instead of remaining
part of the Sisters of Notre Dame property so that this site ~:ould be more con-
sistent with adjacent properties. He stated that he felt all fFf t'ih~ controls
that the City and the adjacent neighbors were seeking were inherent 'in HCRD re-
quirements, and that such requirements would still allow flexibility of design
in development of the property.
At this time Commissioner ~rshall moved, seconded by Commissioner Zambetti, that the
!General Plan be amendFd relative to application GP-7~.i as outl~d'iHeFSfaff
-Report datedApril 7, 1977 andper Exhibit "A", and that the following findings be
made: (1) The project area is physically and geographically consistent with the
definitional objectives established for lands within the Slope Consensation Zone; and
(2) Said recommendation is consistent with the objectives and policies of the 1974
General Plan (Environmental Resource ~I~nagement Objectives and Policies, pages 14
and 17). The motion was carried unanimously.
B. UP-331 - Frank Melberg, 14534 E1 Puente, Request for Use Permit to Allow for the
Construction of a 10-Foot High Tennis Court Fence ~ithin the Required Rearyard
Setbacks of Residence Located at 14534 E1 Puente (Ord. NS-3, Sect. 3.7-1)
Staff noted that the Subdivision Committee had reviewed this matter, and that a Staff
Report had been prepared recommending approval. It was pointed out that the proposed
court was adjacent to a school~ for dogs, and conseq~qntlX, ~vould have little in~_pact on
~d]'acent neighbors. It was noted, however, that the usual tennis court conditions were:
required of this application; i.e., prohibition of both lighting and direct opaqMe
screening of the tennis court fence. The point was additionally made that there was
a landscape buffer proposed which would visually block the fence from surrounding
neighbors.
Chairman Belanger opened the public hearing on UP-331 at 8:03 p.m. As there were no
public comments, Commissioner Lustig moved, seconded by Commissioner Marshall, that
the public hearing on UP-331 be closed. The motion was carried unanimously, and the
public hearing was closed at 8:04 p.m.
Commissioner Marshall moved, seconded by Commissioner Laden, that the Planning Commis-
sion grant approval of UP-331 per Exhibit '~" and the Staff Report dated April 8, 1977.
The motion was carried unanimously.
V. DESIGN RBrlEW
A. A-551 - Henry. Fallek, Pike Road, Final Design Review Approval - 1 Lot; Continued from
~hrch 23, 1977
Staff requested this matter be continued pending further review. Chairman Belanger
directed that A-551 be continued to the Planning Commission meeting ofApril 27, 1977.
B. A-S66 - Daniel Antovich, Sperry Lane, Final Design Review Approval - 1 Lot; Continued
from ~rch 23, 1977
It was pointed out that the applicant had submitted revised plans reducing the amount
of cut and fill from approximately 1500 cubic yards to approximately 600-700 cubic
yards. It was Staff's opinion that the major problem involved with this application
related to the City's lack of definite grading standards, and it was felt that the
issue of grading should not be resolved over this application. Consequently, Staff
noted that an amended Report had been prepared recommending approval of this applica-
tion per the revised e.xhibit, and recommending that the Commission review the question
of grading standards at a. Committee-of-the-l~]~ole meeting.
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PLANNING CO~flSSION 4 - 13 ~ 77
V. B. A-566 - Daniel Antovich - Cont'd
Discussion followed on this matter. Commissioner ~rshall objected to the position of
;the Staff having cha~d:.from one of recommending denial of the application without
prejudice to one of recommending approval. He noted that the first Staff Report cited
3 items in the General Plan which had not been met by this design, and he contended
that all design review applications should be consistent and adhere to the General
Plan. He suggested that this matter be referred to a Committee-of-the4~ole meeting
for review. Staff noted that the revised exhibit indicated contour grading, and it
was Staff's opinion that with adequate landscaping and contour grading, the project
would be consistent with the surrounding neighborhood.
All 3 members of the Design Review Committee commented on this matter. Commissioner
Lustig, the Chairman, pointed out that the Committee had reviewed this application on
4 occasions, noting that the plans consistently called for a flatland house on a 27%
slope. Commissioner Lustig objected to this as well as to the fact that the back of
the house opened to a hillside. He suggested that another request for grading would
be made by the applicant in the future for grading of this hillside area. Commissioner
Laden noted that the revised plans had reduced the amount of cut and fill by over one-
half. She stated that she could see the value of the proposed low-profile house inso-
much as it would not disturb the hillside, but she also expressed concern over the
amount of proposed cut and fill. Commissioner Williams stated that he was not satis-
fiedwith the grading behind the home itself, but noted that from an aesthetics point
of vie~. ~he house would be impressive from the street. He -'noted that the proposed
· house was a low-profile design, and contended that it would not scarify the h~l~fdF.
Dialogue followed on the suggestion that this matter be referred to a Committee-of-
the-]~]~ole meeting for review. Commissioner ~rshall and Lustig expressed opinions
that this matter should be reviewed under the Co~i~:b'f-the-]',~ole process insomuch
as the process was structured to handle non-routinemattefs. Commissioners Callon and
Laden disagreed, expressing the opinion that the matter was now being reviewed by the
entire Commission. Commissioner Laden additionally agreed with Staff's position that
the. issue of ~rading ~bo~ld no't be resolved over this application.
At this point Chairman Belanger moved, seconded by Commissioner Lustig, that
~ion A-566 be referred to the April 19, 1977 Committee-6f-theq~ole meeting for
further review, and that same be continued to the Planning Commission meeting of
April 27, 1977. The motion was carried; Commissioners Callon and Laden voted no.
Said agenda was revised to begin at 4:30 p.m., and this matter was agendized to be
heard at 6:30 p.m.
C. A-570 - Independent Order of Odd Fellows (IOOF), 14500 Fruitvale Avenue, Final Design
ReviewApproval, 150-Unit Senior Citizen Housing Project
Note was made that this matter had been reviewed at the March 29th Committee-of-the-
]~ole meeting, and that a Staff Report had been pro_pared recommending~3roval.
Although there were no-comments~m members ~"~e ~en~, ~ ~ not~ t~ some
of the residents in the immediate area'had been mailed copies of this agenda insomuch
as concern had been expressed over this project.
Commissioner Lustig moved, seconded by Commissioner Callon, that the Planning Commis-
sion grant final design review approval to application A-570 per Exhibit '~" and the
Staff Report dated April 8, 1977. The motion was carried unanimously.
VI. MISCELIAN~OUS
A. SDR-1290 - Lauren Hulse, Mt. Eden Road, 2 Lots - Reconsideration of LDC Donditions
Regarding Fire Protection and Improvement of Mt. Eden Road; Continued
from~rch 23, 1977
Staff recommended that this matter be cofitinued per the applicant's request. Chairman
Belanger directed that SDR-1290 be continued to the Planning Commission meeting of
May 11, 1977.
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VI. B. Request by George Day Construction Company for Issuance of Building Permit for Lot #11
of Tract #5007 (Located within Bohlman Road Slide Study Area); Continued
from -~-~rch 23, 1977
Staff requested that this matter be continued pending review of new findings. Chair-
man Belanger directed that this matter be continued to the Commission meeting of
April 27, 1977.
VII. CC~0NICATIONS
1. Letter dated March 21, 1977 from Louis E. Leto, P.O. Box 779, requesting that
Specific Condition VIII-A of SDR-1275 be changed such that design review ~:ould be
required prior to issuance of a building permit rather than prior to final site
approval. Staff noted that a Report had been prepared recommending that said
request be granted, and that the Subdivision Committee had reviewed same.
Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning
Commission approve the Staff Memorandum dated .April 6, 1977 in the matter of
application SDR-lZ75 am. ending Condition VIII-A of the Staff Report dated
November 11, 1976 to read as follows: Design Review Approval required prior to
issuance of permits. The motion was carried unanimously.
2. Letter dated ~rch 26, 1977 from Frances Anderson, 14649 Oak Street, regarding
design review matters. Reference was made to the letter dated April 6, 1977 from
Chairman Belanger in response to this matter.
B. ORAL
1. C. ity Council.. Report.
Commissioner Zambetti gave a brief oral report of the City Council meeting held
April 6, 1977. A copy of the minutes of this meeting is on file at the City
Administration Office.
2. PPC Report
Commissioner Callon gave a summary, of legislative bills concerning planning
presently 5e_ing' donsidered:
a) AB-307 allows a City Council to make changes to the recommendations of its
Planning Commission regarding General Plan amendments without reference to
Commission for a second reading.
b) AB-389 provides that the guidelines prepared by the Department of Housing
and Community Development to assist local agencies in preparation of General
Plan Housing_Elements are advisory only and that no City~61~'5~' p~l'i~d'
/'l~its Housing Element does not conform to State guidelines.
c) AB-666 allows local agencies to establish'-2 Planning Commissions one for
advance.d ~lanning and one senrin~ as a zoning_b, oard.
d) SB-467-declares S.~_ate_p_91icy for_. L~FCO.
e) SB-20-grants a vested right to a developer to complete a construction Drgje.ct..
if the develop-er meets all of the conditions of an approved tentative sub-
division map.
f) SB-351 requires. that EIRs include social and economic effects of a proposed
project.
Additionally, Commissioner Callon noted that the Intergovenmental Council would be
considering whether PPC should be disbanded or allowed to continue approximately
in ~{ay. She requested that the Commissioners give consideration as to what they
felt the function of PPC should be.
Commissioner Callon also gave a brief explanation of the recent County Board of
Supervisors' 3-2 vote concerning South County land use policies. She explained
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~ PI~N~ING CO~ISSION OF 4-13-77
VII. B. ORAL CQ~'[~WICATIONS PPC Report - Cont'd
that because of the current housing shortage a~d' competition amont'cities for
-revenue-generating land-uses, a moratorium had been placed on development of this
area for the present. She explained that the Board wished to rezone this prop-
erty to 20-acre and 40-acre minimum lot sizes as holding zones until a definite
land use plan could be evolved. Some discussion followed on this information,
with Commissioner }~rshall urging that teh'~'C'ity"~'garatoga take a
respect to city rights versus county authority. He expressed the opinion that
cities should be working in concert and with mutual agreement with the County
instead of being told what to do by the County. -~i=__ .... Z_i ........
3. Other
a. Commissioner ~'~rshall noted that, in discussing the role of the Architectural
Review Committee with one of its members, it was pointed out that there was
not a full, acting committee at the present time. .After brief discussion
of this fact, Commissioner Marshall agreed to investigate the function of
the Committee and report his findings to the Commission.
b. Council~.'omah Corr requested that Council members be taken on a tour of the
proposed IOOF project. Staff indicated a willingness to comply with this
request whenever the Council wished to take such a tour.
c. Commissioner Williams informed the Commission of the housing market trend in
the Greater San Jose area during the last 3-month period: the average weekly
sale in the ~rea on ~anuary 11, i977 was $50,250, while at the end ofApril,
1977 it had increased to $64,166. He projected that ~t the present rate,
if investors and speculators did not pull out of the market, the average
house priced at $64,000 would be selling for $183,000 in one year's time.
d. Chairman Belanger welcomed Councilwoman Corr to the meeting, and expressed
appreciation to Sally Carlson and Bernie Low of the Good Government Group
for senring coffee.
Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commission
meeting ofApril 13, 1977 be adjourned. The motion ~ms carried unanimously, and the
meeting was adjourned at 8:45 p.m.
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