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HomeMy WebLinkAbout08-10-1977 Planning Commission Minutes .-, {' OF SARATOGA PLANNING C(IvMISS~-'~ MINUTES DATE: Wednesday, August 10, 1977 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Conmissioners Belanger, Lustig, Laden, Marshall, Willjams and Zambetti Absent: Commissioner Callon B. MINUTES C~mnissioner Marshall pointed out the omission of the time of closing in the Minutes of July 13, 1977· The Minutes of July 2?, 1977, had not been prepared. Commissioner Marshall moved, seconded by Conmissioner Lustig, that the reading of the Planning Commission meeting minutes of July 13, 1977, be waived, and that they be approved as amended and distributed to the Conmission. The motion was carried unanimously. I I. CONSENT CALENDAR A. Composition of Consent Calendar At the suggestion of Chairman Belanger, the Commission concurred that the motion approving the Composition of Consent Calendar be dispensed with in the future. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commission approve the following applications: 1. Final Design Review Approval a. A-587 - Cal Coast Sign Company (Glass ~ Clocks), 12852 Saratoga- Sunnyvale Road - 1 Identification'Sign': b. A-58.6 - C. S. Ferrazza, 12175 Saratoga-Sunnyvale Road - 3 Identifica- tion Signs III. Tt~rFATIVE SUBDIVISIONS A. SDR-1311 - Gregory Fox, Tentative Building Site Approval, Bohlman and_Nort_on Ro.ads - 1 Lot; .Continued from July 13, 1977' · .=~,- == 'i -=" Staff recommended continuance of this matter pending receipt of certain outstanding items from the applicant. Comnissioner Marshall indicated that he made an on-site inspection of the site recently along with three. Conmis- sioners and ~o Staff members. It was his observation that Dr. Fox may have misunderstood the matter of road improvements as reques_ted by the Public Works Department, and suggested that Dr. Fox ~}~re plans that depict the roadway in its actual form so that the magnitude of these im- provements can be determined. · Dr. Fox stated that he had contacted a civil engineer who inspected the site, made some suggestions and gave an estimate on the costs involved. Dr. Fox expressed his concern about the large expenditure, and indicated that the Public Works Department agreed 'that $50,000 would be a reasonable estimate to provide an 18 foot continuous roadway. In response to Dr. Fox's queries, ~r. Trinidad of the Public ~Torks Dept. responded that a reasonable typographical map would be required, showing the existing improve-; ments as well as the trees, the existing terrain and the slope of the land. He also pointed out that the lower portion of Bohlman Road does run through Dr. Fox's property. After some discussion about the widening of the driveway and the possibility of a future Assessment District in the area, Chairman Belanger directed that considera- tion of SDR-1311 be continued to the Planning Commission meeting of August 24, 1977. B. SD-1316 - Hagan Construction Company, Regan Lane, Tentative Subdivision Approval - 17 Lots; Con.t.i.n.ued. from July 27, 1977 Staff recommended approval of this tentative subdivision map and explained that the applicant's engineer had made the requested modifications to the proposed map to provide a reasonable circulation plan, lot drainage without excessive cuts and fills and that each building site is a reasonable building site. Commissioner Zambetti expressed his opposition to the possible construction of t~o-story structures on Lots S and 6, and the Staff conmented. that the applicant had not indicated his intention for these lots. Chairman Belanger directed that consideration of SDR-1316 be continued to the Planning Conmission meeting of August 24, 1977. IV. PUBLIC HFARINGS A. UP-34? - Patricia and John Shaffer, 19977 Merribrook Request for a Use Permit to Allow for the Construction of a 6 '6" FenCe' It was noted that the following letters were received on this item: a letter from Leslie F.. and Donna L. Brock of 19991 Merribrook Drive, dated August 1, 1977, ob- jecting to the extension of the side fence above the six foot limit, and a letter from Mrs. John IV. Shaffer, dated August 10, 1977, indicating that Mr. Shaffer was in New York City on business and would be unable to attend this evening's Planning Commission meeting. Chairman Belanger opened the public hearing at 8:10 p.m.- . Mr. and Mrs. Brock addressed the Planning Commission in opposition to the 6" extension to the fence and stated that they found the fence objectionable. Commissioner Lustig moved, seconded by Conmissioner Marshall, that th_e..p_ublic hearing on UP-34? be closed. The motion was carried unanimously and the public hearing was closed at 8:20 p.m. Commissioner Lustig moved, seconded by Commissioner Laden that the Planning Commis- sion deny UP-34? as per Staff Report of August 2, 1977. The motion was carried with Commissioner ~Villiams abstaining. B. V-471 - Richard and ~rgaret Siegfried, 13388 Surrey Lane, Request for a Variance to Allow a 12' Platform Tennis Court Fence 'in the 'Required Sideyard The Staff recommended denial of this variance on the basis that it does not conform : to the ordinance. Commissioner Laden reported on behalf of the Variance Con~nittee who visited the site and investigated the three alternatives. It was the consensus of the Committee that the alternative to remove the one oak tree ~s preferred in that it required no cut and fill and would not be an imposition on the neighbors. Commissioner Marshall voiced his disapproval of the removal of trees for the purpose of constructing tennis courts. Discussion followed concernihg fh~'tt~'possible sites for the tennis court and the height of the fence required, and Comnissioner Laden stated that the area chosen by the applicant would not disfigure the lot in any way except for the removal of one tree. Chairman Belanger opened the public hearing at 8:40 p.m. Mr. Richard Siegfried made his presentation to the Planning Commission, distributed pre_p_a_._red packets to the Commissioners i~ih'd'i~"~ictures of the site,-w~ieh--i-l-tust-r~a-~ed the heavily wooded nature of the site. Mr. Siegfried stated that th~ 12 foot screen would not be a cyclone-type of fence, but a 16-gauge Belgian steel screen, and that the removal of 2- the oak tree would not affect the esthetic appeal of the property. After continued discussion about a suitable site for the tennis court and the removal of the tree, the Secretary reported that t~ letters, dated July IS, 1977, were re- ceived 'fr'6~'~rT&'~frs~~'D~'nn'i'~'~"'i~'3'8~'S~Frey Lane and ~r. & ~'[rs. William Si~ 13360 Shrrey Lane in"support of the requested variance. . ~r. Bob Dennis addressed the Planning Commission to reiterate his support of the variance. Commissioner Lustig moved, seconded by Commissioner Laden that the public hearing be closed. The motion was carried unanimously and the public hearing was closed at 9:08 p.m. Commissioner Marshall expressed his displeasure with the proliferation of tennis courts throughout the City of Saratoga and emphasized his continued disapproval of the removal of trees in favor of tennis courts and 12 foot high fences. Commissioner Laden:moved, seconded by Commissioner Williams that the Planning Com- mission grant approval to V-471 for Site 1 and conditioned for no lights and no opaque screening. At The request of Commissioner Lustig, a roll call vote was taken as follows: Commissioner Belanger . . .Aye Commissioner Laden ...... Aye Commissioner Lustig ..... No Commissioner ~rshall . .....No Commissioner Williams .... Aye Commissioner Zambetti .... No The motion failed for lack of affirmative votes. Commissioner ~rshall now moved, seconded by Commissioner Lustig that the Planning___ Commission rescind the _previous motion and that the matter be tabled :to be heard in c_o_n_junction ~th the recreational court ordinance. The motion failed for lack of affirmative votes. Commissioner Williems moved, seconded by Commissioner Laden that consideration of V-471 be continued to the next regularly scheduled Planning Commission meeting of August 24, 1977. The motion ~¢as carried unanimously. RECESS: 9:20 p.m. - 9:30 p.m. V. DESIGN REVIEW A. A-583 - Dwayne Richards, Palomino Way, Final Design Review Approval - 1 Lot; Continued frem July 27, 1977 At the reccmmendation of the Staff, Chairman Belanger directed that consideration of A-583 be continued to the Planning Commission meeting~'f"~h'~t 24, 1977. VI. MISCELLANEOUS A. A-495 - Frank Schillace (Joseph Yonan), Upper Hill Drive, Final Design Review Approval - 1 Lot (Request for Modifications to Previously Approved Plans; Continued from .JulF 27, 1977 It was noted that Staff met with the applicant and his engineer to discuss an alternative design to satisfy both the applicant's interests and Staff's require- ments. Staff, therefore, suggested that this matter be continued once more in order to allme the applicant the opportunity to submit the revised plans for the Planning Conmission's consideration. Chairman Bela_nger directed that consideration of this matter be continued to the Planning Commission meeting of August 24, 1977. B. SDR-1306 - Paul Heath, Quito Road, Tentative Building Site Approval for 2 Lots. . Appeal of Conditions Relative to Proposed House On Lot B The Secretary responded,in answer to 'Chazrman Belanger's query, that this matter was recently reviewed by the Land DeVelopment Committee and concerned an altered tentative map which a neighboring property owner appealed within the fifteen days subsequent to that particular alternative of the tentative map approval and is, -3- therefore, a timely appeal. Additionally, Staff advised that, based on con- versations with both the committed purchaser of this new building site and the adjacent property mmer, ~fr. Good, both find Condition VI-B of the Staff Report acceptable and suggested that the tentative map be amended to include that condition. Staff advised that recordation of that requirement be made on the map for the benefit of future purchasers of the property. Conmissioner ~rshall moved, seconded by Commissioner Zambetti, that the Staff Report alternate VI-B, under "Concluding Comment" be added as indicated in the report dated August 5, 1977. The motion was carried unanimously.. VII. C(IMIINICATIONS A. WRITIL~N - None B. ORAL 1. Mr. ~'~rk LaFrom addressed the Planning Conmission on behalf of Dr. Koo, the purchaser of the property at 20015 Bella Vista_, to request that the Planning Department issue a permit for the removal of an oak tree on the property. The Secretary reported that this is a substantial oak tree about two feet in diameter and that the prognosis of the City landscape architect and Mr. Brian Gage ~s that the life expectancy of the tree is eight to ten years. He further stated that this matter was brought before the Planning Commission for consideration and deliberation because of its policy in the past concerning the preservation of .large heritage oak trees. ~r. LaFrom indicated that Mr. Gage had recommended that a permit be allowed for the removal of this tree; however, the Secretary pointed out that Mr. Gage also recommended "that the miner of the property be encouraged to begin an 'Oak renewal' project". The Conmissioners discussed the tree replacement project and the Secretary advised that a tennis court is to be constructed on the property with the removal of the tree. Chairman Belanger moved, seconded by Commissioner Laden, that the Planning Commission approve the issuance of a tree removal permit on the basis that the tree is terminal and to mitigate the removal of the tree, a program of tree replacement be instituted. The motion was carried unanimously. 2. Commissioner ~'~rshall expressed his concern about the type of advertising which has attracted "tennis court enthusiasts whose only interest in life is finding a property in Saratoga that has en0_u_g_h land to held a tennis court", and ~'n~t~'~i~d~lYe' h?ed'f6~ honest advertising. He also urged ..... the rapid passage of the' reCreati6n~l ordinaHce.' 3. City Council Report The Secretary gave an oral report of the City Council meeting held August 3, 1977. A copy of the minutes of this meeting is on file at the City Administra- tion Office. 4. Commissioner Marshall requested that the Planning Conunission consider a re- appraisal of the Committee-of-the-~t~ole process because of the very full Committee-of-the-Whole agendas, and suggested that consideration be _given to a combination of a ~xed committee system or ad hoc committees. DisCussio~ followed respecting c6mmerciallyLzoned property and other land uses on Highway 9. In answer to Commissioner ~rshall's query concerning the progress of Saratoga Foothills' proposed retirement project, the Secretary responded that the draft of the P-D ordinance revision, that would provide the ability for them to apply for a conditional use permit to proceed, is now in the hands of the City Attorney and should be ready for public hearing shortly. 5. Chairman Belanger took this opportunity to thank Mr. Rudolph Kanne, President of the Good Government Group for providing the coffee during recess this evening. 6. Chairman Belanger also thanked Commissioner Zambetti for taking the chair in her absence at the last Planning Commission meeting. VII I. ADJOUP~N~T Co~nissioner Lustig moved, seconded by Commissioner Laden, that the Planning Commission meeting be adjourned. The motion was carried unanimously and the meet- ing was adjourned at 10:20 p.m. Marty Van Duyn Sec /ft - S-