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HomeMy WebLinkAbout06-08-1977 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~.B,IISSION MINUFES DATE: Wednesday, June 8, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTIN~ ORFANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Marshall and Zambetti Absent: Commissioner Williams B. MINIIFES Commissioner Marshall moved, seconded by Commissioner Lustig, that the= reading. of the 'Planning Commission meeting minutes ~f'~y 25, 1977 be waived,. and that they be approved subject to correcting the spelling of MS. Waltrous' name on page 4. The motion was carried unanimously. II. CONSENT CALF~NDAR A. Composition of Consent Calendar Commissioner ~-~rshall moved, seconded by Commissioner Lustig, that the Planning Commis- sion approve the Consent Calendar of June 8, 1977. The motion was carried unanimously. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Callon, that the Planning Commission approve the following applications: 1. Final Design Review a. A-580 - Saratoga Foothills Development Corporation, Douglass Lane, Final Design Review Approval - Lot #1 of Tract #5927 (Per Exhibit "A" and the Staff Report dated June 2~ 1977) b. A-582 - P&S Construction, Carnelian Glen, Final Design Review Approval - Lot #10 of Tract #5575 (Per Exhibit "A" and the Staff Report dated June 2, 1977) The motion was carried unanimously. III. TENYATI~ SUBDIVISIONS A. SD-1302 - Clayton Thomas, Allendale Avenue/Chester Avenue, Tentative Subdivision Approval 5 Lots; Continued from MaF 25, 1977 At the request of the applicant, Chairman Belanger directed that SD-1302 be continued to the Commission meeting of June 22, 1977 pending resolution of problem relative to easement rights and specific property boundaries. IV. PUBLIC HEARINGS A. UP-339 - Dan & Charlotte Braden, 19832 Braemar Drive, Request for Use Permit to Allow for the Construction of a 12-Foot High Tennis Court Fence in the Required Rearyard Setback at 14700 Sobey Road (Ord. NS-3, Section 3.7-1) Note was made that a Staff Report had been prepared recommending approval of this matterS.' ~he point was made that no correspondence had been received on this item. -1- .CO~iI.SSION MINIFFES OF JUN~-~ 1977 IV. A. UP-339 - Dan & Charlotte Braden - Cont~d Chairman Belanger opened the public hearing on UP-339 at 7:38 p.m. In response to a question raised as to why the request was for a 12-foot high fence, Mrs. Braden stated: "It is not absolutely necessary that we have a 12-foot fence. We would be happy with a 10-foot fence if there is any problem, but we thought we would ask for a 12 ' fence. ' ' As there was no a'da~tional public testimony, Commissioner Lustig moved, seconde~l by Commissioner Callon, that the public hearing on UP-339 be closed. The motion was carried unanimously, and the public hearing was closed at 7:40 p.m. Commissioner Marshall expressed concern relative to approving a 12-foot high fence when the normally requested height was 10 feet.. Consequently, he suggested'~hat apprdV~l~ be granted for a 10-foot fence in lieu of the requested 12-foot fence. Additionally, he suggested that Condition #3 of the Staff Report be amended for clarification pur- poses as follows: 3. A landscaping plan incorporating existing vegetation, which is to be retained, is to be submitted to the Planning Department for their approval and/or additions prior to issuance of a building permit. Comissioner ~rshall moved, seconded by Commissioner Lustig, that the Planning Commis- sion grant approval to application UP-339 for a 10-foot high tennis court per Exhibit "A" and the Staff Report dated June 3, 1977, as amended. The motion was carried unanimously. B. V-466 - Dividend Industries, Inc., 3600 Pruneridge .Avenue, Santa Clara, Request for Variance to Allow a 20-Foot Rearyard Setback in Lieu of the Required 35-Foot Setback for a Two-Story Single-Family Residence Located at Lot #5 of Tract #5944 on Cox Avenue and Saratoga-Sunnyvale Road (Ord. NS-3, Section 3.7) It was explained that the ~;ariance was originally being requested to reduce the rear- yard setback due to the placement of an existing oak tree; however, note was made that 't~ proposed 2=~6'ry 'h~fi~e ~70~l'd'~b~'fi~'~he lot even ~dth the absence of the tree. Consequently, it was pointed out that a Staff Report had been prepared on this matter recommending that the proposed variance be denied, and that either a house be designed for the lot or the recently-submitted "S" plan requiring a 5-foot variance for a single- story. housej be approved. It was noted that the Commission had authori_ty to_gr_ant_a -FSrf~Bt variance in lieu of the requested 35-foot variance. Additionally, it was pointed lout that the Variance Comittee had made an on-site +nspection on this matter. Chairman Belanger opened the public he~ring on V-466 at 7:45 p.m. The Secretary read into the record letters of correspondence objecting to this variance: (1) Mr. and Mrs. R.P. Coppie, 12598 Fredericksburg Drive and (2) Mr. and Mrs. R.L. Gomes, 12567 Fredericksburg Drive. Both letters ~bjected to the request for a 2-story house. Arthur Anderson, designer, pointed out that due to reconsideration of this variance, 'Yh~'h~~itYed'Fi~""S"'~i~h"~rlFd'for a siffgle-story house wilh a smaTler variance. He explained that because of the lot size and the location of the trees, 'fh~yha"d' to encroach'i~t~'fhe rear yard 5: feet. Discussion followed on this request. It was pointed out that the developer had created all lot configurations in this subdivision at his own choice, and had at the time "~s~d"'~h~"C6f~'i~i~H ~hat appropri~"houses ~rd'~"de~'igned on all lots without the need for variances. Although it was noted that the 5-foot variance ~s being re- quested because the standard selection of homes offered by the developer ~uld not fit on the lot within setbacks, the opinion ~:as expressed by several Commissioners that a 'house could be specially_ designed to fit the lot. As there were no further public comments, Commissioner Lustig moved, seconded by Commissioner Zambetti, that the p_uhlic hearing on V-466 be closed. The motion was carried unanimously and the ..~ic hearing ~:as closed at 8:00 p.m. Commissioner Marshall moved, seconded by Commissioner Lustig, that the Planning Commis- sion deny application V-466 per Exhibit "A" and the Staff Report dated June 3, 1977. The motion was carried unanimously. Note was made that this decision could be appealed to the City Council within 10 days. - CO~[ISSION MINIIFES OF 1977 V. DESIGN REVIEW A. A-555 - Charles Behnke, Oak Street, Final Design Review Approval - 3-Unit Apartment It was pointed out that the Design Review Committee had reviewed and endorsed this matter on February 1, 1977 for 4 units; however, because tentative site approval re- quired additional parking and open space, the number of units was reduced to 3. Note was made that a Staff Report had been prepared recommending approval. Questions were raised relative to the requirement for pathway improvements. For clari- fication purposes, the Staff Report was amended by adding the following condition:, (1) A 4-foot pathway extending from the eastern property line to 5th Street, as sho~ on Exhibit "A", is to be improved prior to final building inspection. Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission grant final design review approval to application A-555 per Exhibit "A" and the Staff Report dated June 2, 1977, as amended. The motion was carried unanimously. B. A-578 Long's Drug Store, Argonaut Shopping Center, Final Design Review Approval - Drug Store It was explained that this was a request for remodeling the old Safeway Store at the Argonaut Shopping Center by ~adding to the front 755 square feet expanding into the shop next door. Note was made that a Staff Report had been prepared recommending approval. Questions arose relative to the proposed trash bins, maintenance of the common. area, and the nature of the adjacent shop. It was felt that Condition #4 of the Staff Report should be modified as follows to insure that trash bins ~vere properly enclosed: (4) All trash is to be kept in enclosed bins, of a deSign~to be a~r~{red~ Staff, or within. the enclosed building ." Regarding maintenance of the common area, a representative of the applicant explained that their lease contained a standard provision which requires the shopping center owner to maintain the common area of the shopping center, and it was noted that the o~mer had agreed to all provisions of this lease. It ~s pointed out that the adjacent shop had been one of 4 drug stores in the City. Commissioner Zambetti expressed concern that with the entrance of Long's into the city, other city drug stores might also close. He expressed the opinion that with the loss of these community drug stores, a part of the rural.~s"m~'~Yssho~haracter of SaratOga would also be lost, and he stated that he~F~u~'~ot vote in favor of this application. Chairman Belanger agreed in concept with Commissioner Zambetti, but noted that under this design review application, all city ordinances were met. Co~]uently, she stated that she would vote in favor of this application. Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission grant final design review approval to application A-578 per Exhibit "A" and the Staff Report dated June 2, 1977, as amended. The motion was carried; Commissioner Zambetti voted no. C. A-581 - Osterlund Enterprises, Inc., Allendale Avenue, Final Design Review Approval - iS-Single-Family Residences (Tract #6074) It was explained that the applicant had submitted elevations for 13 of the 26 lots in Tract #6074, 7 of which were propgsed to be 2-story homes. Staff noted that although plans for other improvements within the tract had also been submitted for the Commis- sion's consideration, Staff had not had sufficient time to adequately review same. Consequently, Staff recommended that the Commission grant approval to the 13 elevations per its Staff Report. Note was made that 2 letters had been received protesting ~the placement of a 2-story home on Lot #19: Susan and Donald Smith, 13748 Via Alto Court and Robert H. Welch, 13741 Via Alto Court. Both ~ts. Smith and Mr. Welch were present expressing concern'about Lot #19. It was pointed out. to ~,__S~ith that the _hOuse on Lot #19 would be set quite a way from her .CO~'B~IISSION MINIYrES OF JUN]E-~, 1977 · V. C. A-581 - Osterlund Enterprises, Inc. - Cont'd existing home. Relative to Mr. Welch's concerns, it was noted that the setback fro~ ~he property line to the proposed house was 37 feet. Additionally, it was explained that according to the City Two-Story Ordinance, any person could apply for a use ._pe__mit to con~:ert to a 2-story home as long as the house was contiguous to an existing ~2-s.tory house. It was pointed out that insomuch as Mr. Welch's home was 2-story, the City could not. guara~_tee that a 2-story home would not be built on Lot #19. After additional discussion, it was the consensus of the PlaD..~i~'Comission to with- hold approval of Lots -~25-and #26 until the plans for improvements along Allendale Avenue were reviewed ~tZ a Committee-of-the-l~ole meeting. A request was made that all plans for the remaining 15 lots, as well as all improvements, be submitted and reviewed by the Committee-of-the-~]~ole at the same time. Comissioner Lustig moved, seconded by Chairman Belanger, that the Planning Comission grant final design review approval to application A-581 per Exhibits "A", "B-1 through B-11", "C" and "D" and the Staff Report dated June 3, 1977, amended to exclude approval of Lots #25 and #26. The motion was carried unanimously. VI. MISCELLANEOUS A. Proposed Amendments to th.e City. Subdivision Ordinance, No. 60 Note was made that this matter had been reviewed at the May 31st Committee-of-the-~ole meeting, and that said amendments were in compli__an~Ce__with the State ~-~p Act require- ments. As there were no comments, Commissioner~rshall moved, seconded by Commissioner Zambetti, that the Planning Commission approve and fon~ard to the City Council the Subdivision Ordinance amendments No. 60~4 per the Staff Report dated June 3, 1977. The motion was carried unanimously. B. Consideration of Proposed Circulation Plan for the Vickery Avenue/Lira Drive Area Note was made that this matter had been reviewed by the Commission at its ~ay 31st Committee-of-the-~]~ole meeting, and tentatively endorsed. As there were no comments, Commissioner ~rshall moved, seconded by Commissioner Laden, that the Planning Commis- sion approve the proposed circulation plan for Vickery Avenue/Lira Drive per the Staff Report dated June 3, 1977 and as illustrated by Exhibit "A". The motion was carried; Commissioner Lustig voted no. C. Consideration of Amended City Street Tree List Commissioner Marshall expressed concern over several of the trees suggested on the Street Tree List, and consequently, this matter was continued to the Commission meet- ing of June 22, 1977. VI I. CO~B~jNICATIONS A. ~IlTrE~ - None B. OP~L 1. City Council Report - Commissioner Lustig gave an oral report of the City Council mee'ting he'ld June 1, 1977. A copy of the minutes of this meeting is on file at the City Administration Office. 2. PPC Report - CommisSioner Callon pointed out that a decision would be made at the next PPC ~eeting relative to the possible cessation of PPC. After brief discus- sion, it was the consensus of the Planning Commission that PPC be considered for disbandment. 3. Discussion followed on creating standards for solar heating, and the Secretary pointed out that when the zoning ordinance was updated, solar heating would be given considerable attention. Additionally, he suggested that the Commission discuss solar heating projects as proposed in the Capital Improvement Program, said Program being agendized for Commission review at i't~ next meeting. -4- CO~IISSION MINUTES OF 8, 1977 o VII. ORAL CC~IINIC~TIONS - Cont'd 4. Gregory Fox, Saratoga property owner, explained that he was attempting to develop a single-family residence on a site ~thin the Bohlman Road Slide Study Area. He noted that the Study had recently been completed, and pointed out that the site had been considered highly stable. He requested that the Commission allow his building site approval to proceed without further_d_e_la~r because he .was ~'Ftfrfffi~g out of time" and because there was a hazardous fire Dr6blem: on site. Staff' ex- plained that prior to the Commission or LDC being able to take action on such a request, the City Council would first have to rescind its emergency the Bohlman Road Slide Study area. Additionally~ Staff noted that it had only received the Report on June 8th, and had not had time to review its contents. Staff was directed to further review this request. S. Chairman Belanger"~H~eea~-. Councilwoman Corr to the meeting. VII I. ADJOUP~N~iSNT Commissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission meeting of June 8, 1977 be adjourned. The motion was carried unanimously, and the meeting was adj ourned at 10: 10 p .m. B, - r - S~etary 'larty ~ an Duyn, sko/ -5-