HomeMy WebLinkAbout02-20-1980 City Council Minutes ~ '~ MINU.TES
SARATOGA CITY COUNCIL
TIME.: Wednesday, February 20, 1980 - 7E30 P.M.
PLACE: Saratoga City Council Chambe~s,"13~77 Fruitvale Ave., Saratoga, Calif.
TYPE: Regular Meeting
I. ORGANIZATION ORGANIZATION
A. ROLL CALL Present: Callon, Corr, Matte6ni
Kraus
i-. - ~- >--- Absent:. None
B. ~{~_l~$~(F~b'~ary 6, 1980) Councilwoman Corr - Correction to
Page 5, item IV-E, CERTIFICATION
OF EIR - SAPSTOGA WATER IMPROVE~INT
PROJFCT. Indicate that Councilwoman
~ha~ C6~ncilwom~n 8r~.,'i-=
M/S: Corr/Callon to approve the
minutes of February 6, 1980, as
.amended. Carried unanimously~i
C. P~SOLUTION 942-~''~''~''~'°' M/S: Corr/Callon to adopt
Resolution 942. Carried. unanimously.
ARESOLUTION CO~NDING
J~CKIE WELCH - 1979 CITIZEN
OF THE YEAR .~ ~
II. COmmUNICATIONS CO~'~UNICATIONS
A. OIAL
1. Maurius E. Nelson, Nelsen Cor~nents acknowledged.
Engineering, advising that
agreement has been reached
with all parties involved
regarding improvements on
Tract 6781~ TeerlinkRanch,
10t number 8.
2. Ed Bolger, 13627 Vacqu~ro Council r&qUested the Diredtor
Ct., urging Council not to of Inspection Services pull together
approve tentative or final a report outlining those specific
maps for Pierce-Mr. Eden hilI areas of concern ~in the hillsides
area until'a complete study and what can be done in termsrof
has been undertaken. conditioning these maps. This would
be discussed at a CQunCil Committee'
of the l,~ole I-!eeting.
3. Fr&ida Jeffs-, 205'00 Lomita It was agreed to consider this
Ave~', requestring the'Council in conjunction with item VII-F on
give consideration to the pro- the agenda.
posed bridge construction on,
Lom~ta Ave., in connection ·
with the Butler development,'
specifically,. adequate flow of
water, bridge width,~and ~
aesthetics.
AGENDA' ACTION
II. COMMUNICATIONS (.Cont ' d~ )
A. OPAL
4. Willem Kohler,.21842 Via Mayor. Kraus requested the City
Regina, reporting that they Manager~ihvestigate the water
have not received water at problem and try to get this resolved.
their home for two' days, the
reason being that a landslide
on upper Pierce Road broke a
water pipe. He urged that the
Council slow down approvals
in the hillsides and give mo~e
review of geologic hazards.
5.. Dora Grens, 13451 Old Oak Comments'acknowledged.
Way, commented she has re-
quested the proposed develop-:
mentor a home above her home
~e reconsidered due to earth.
slippage.
6. Doug Adams, 20522 Lomita Comments acknowledged.
Ave., indicating support to
the request of Freida Jeffs
regarding the LOmita Avenue
bridge.
B. WRITTEN
1. Stuart L. Wright, Manager No action taken.
Traffic Safety Department,
California State Automobile
Association, inviting Saratoga
to participate in AAAPedes-.
trian Safety Inventory Program.
2. Janet E. Okada, 140 Taos M/S: Corr/Callon to allow parking
Drive, requesting that cars be for the time requested, and direct
allowed to park on her street Public Works staff to "bag" no
during.a meeting of the parking signs. Carried unanimously.
Argonaut School PTA Board.
3. Mark A. Mogge, 19486 Via Referred 'to Public Works staff for
Real Drive, requesting three-. a report at March 5th Council Meeting.
way stop sign at Glen Brae
and Via Monte Drive.
4. Paul Y. Collins-, Secretary) Noted and filed. City Manager to
Governing Beard~ LoS Gatos respond.
Joint Union High. School Dis't..,
Supporting acti~on to improve
bike S~fe~y~.
5. Joan R. Bergsund, Mayor, Noted'and filed. No action taken.
City of Tiburon, soliciting
financial support for land use
case to be h~ard by the
Supreme Court. :'
- 2 -.
AGENDA ACTION
IIi COM~fONICATIONS (Cont'd.)
B i WRITTEN
6. Letters concerning pedes~ Noted and .filed. City Manager to
trian and Bicycle safety: respond..
· Margaret and Joan Hubbard,
19365 Shubert Dr:
· Doug Golliher, 13174
Cumberland Dr. :
· 12 letters for Third Grade
students at Saratoga School'
7. Jim Prendergast and Ed Noted and filed.
Thrift, Pike Road Homeo~,aners
Association, copy of letter
to San Jose Water Works re:
proposed pipeline in Pike Roa'd.
8. MauriUs E. Nelsen, Nelsen Noted and filed, City Manage~
Engineering-, re: SD-1355, to respond.
Teerlink Ranch, Tract 6781
C. MISCELLANEOUS -~
1. Report from staff re:
C?--~a) Dr~inage_prob_l~S~dhe The DirectOr of Public Works reported
- '~ -tO recent storms that appro.ximately 80 yards.of
material came out 'of the canyon pn
b~'~at kind of controls Bank Mill, filiing the Street and
are being looked at by storm drain inlets to the point
the City re: drainage where they were ineffective. This
..and geology standards. caused erosion on 3 to 4 lots below.
Arroyo de Arguello area The
remedial work was satisfactory
until Tuesday morning when there
was 'some overflow at the Verde Moore
storm drain system. Not severe.
The balance' Of the problems in
the Arroyo de Arguello area.have
been solved by the construction
performed in the development of
the Parker Ranch.
20 to 25 locations with temporary
flooding d~e to leaves in storm
drain inlets.~ Several trees down
due to saturated conditions and
winds. Nominal mudslides on Pierce
Road and Bohlman Road. Generally,
storm systems within the city
worked quite well.
The Director of I~pection Services
reported that in ~76"'~e~i'~y.~ .... \
- 3 -
AGENDA ACTION
II. COMMUNICATIONS (Cont'd.)
C. MISCELLANEOUS
b) What kind of c0n~rols .. .(Don Wimberly - cont'd.)
are being. looked at by 'In 1978, the Council approVed a
the City re: drainage· modification to the Building Dept.
· and ~eology standards.. staff functioning, and at that
'~ -, time a closer relationship was
established with the City Geologist.
· . In January 1979, the Council author-
i~ed an expenditure of funds for
· the Geologist's mapping of the
western hillsides. In February 1979,
the Council ·adopted an intermim
" '~"'. ordinance establishing controls
for land development in the hill-
' sides, as well as other ordinances
enabling the City Staff to more
activly enforce the current state
of technology for geologic analysis
and soils engineering for proposed
structures.
it is current practice when there
is an approved lot., ~ bhildingor
grading permit is.~eviewed by the
Building Department Plan Checker
and the Grading and Soils.Inspector.
One .thing.that'cou~dTbe d6n~ is to
have on a ~ertainlclass of lots,
the mandatory requirement that th~·
City Geologist review these.
The Council directed the staff to
put together a report outlining
approved vacant lots in those
areas of concern, for review by
the Council at a COnmittee of the
Whole Meeting.
III. SUBDIVISIONSt BUILDING SITES, SUBDIVISIONS, BUILDING 'SITES,
ZONING REQUESTS ZONING REQUESTS
V. PETITIONS~ ORDINANCES,' AND PETITIONS, ORDINANCES,' AND
RESOLUTIONS RESOLUTIONS
A. ORDINANCE 3E-15 The City Manager explained this
proposed ordinance is in follow
AN INTERIM EMERGENCY ORDINANCE up to the completion of the
REGULATING LAND DEVELOPMENT ~ geologic mapping of the western
OF THE CITY'S WESTERN HILLSIDE hillside area, and carries the
interim ordinance forward, using
the new exhibits, making it regu-
lation for the City of-Saratoga.
The City Manager proceeded to
read the ordinance in full int~
the record.
M/S: Corr/Callon to adopt
Ordinance 3E-15. The motion was
carried unanimously..
AGENDA ACTION
IV. PETITIONS ~ ORDINANCES, AND
RESOLUTIONS (Cont' d. )
B. ORDINANCE NS-60'.10 (Second M/S: Corr/Callon to adopt
Reading) ..OrdinanCe .NS-60.10, and waive the
Jr&ading ~ ' Carr4ed'~ unanimous ly.
AN ORDINANCE AMENDING THE
SUBDIVISION ORDINANCE OF THE
CITY OF SAP~ITOGA RELATING TO"~' . ........ .
FEES ' ~ .... '.. :-." ~ .-
C. RESOLUTION 941 The City Manager e~pla{ned this
resolution would implement Ordinance
A RESOLUTION ESTABLISHING FEES NS-60.10,.adopted by the Council
TO PAY A PRO-RATA SHARE OF ~this evening.
FLOODING, EROSION, AND FIRE "'-
SERVICE IMPROVEMENTS FOR HILL- C8uncilwoman Corr s~ggested the
SIDE SUBDIVISIONS resolution be revised to reflect
inclusion of property that drains
into the Calabazas Creek into
the assessment. The staff and
The staff Was directed to revise.
the resolution to strike any
reference to "HC-RD", substituting
wording, "properties in the western
foothill sectors draining into the
Calabazas Creek".
This resolution will be re-agendized
in its revised form on March 5, 1980.
V. PUBLIC HEARINGS PUBLIC HEARINGS
A, DE NOVO HEARING TO CONSIDER : The Council has reviewed the pro-
APPEAL BY DAVID WILSON OF posed design on this site at the
PLANNING COMMISSION DECISION Committee of the Whole Meeting on
KELATIVE TO DENIAL OF DESIGN February 12th.
REVIEW APPLICATION A-694,
LOT 3, 14099 ELV!P~ STREET The Mayor re-opened' the de novo
(Cont'd. 2/6/80) hearing on this matter at 8:45 P.M.
Mark Lages, Campbell, .California,
addressed the Council on behalf of
the.applicant, indicating he would
be happy to answer any qu&stions
the Council might have.
Mayor Kraus asked if there has been
· . any design change since the Council
: reviewed it on Tuesday evening.
Mr. Lages replied that there had not
been. -
M/S: Corr/Callon the public hearing
be closed. CaKried unanimously.
,~he public hearing was closed at
8:45 P.M.
L 5 - _-
AGENDA '. : ACTION
V, pUBLIC HEARINGS (~ont"d.)
A. DE NOVO HEARING TO CONSIDER : Council'woman Corr indicated she is
APPEAL BY DAVID WILSON OF concerned that the builder agrees
PLANNING COMMISSIONDECISION to an established plan on the size
RELATIVE TO DENIAL OF DESIGN of buildings on lots, and then
HEVIEW APPLICATION A-694, ~ after 3 of them are built, he
LOT 3, 1'4099 ELVIRA-STREET comes in to request enlarging the
Cont'd. 2/6X80) fourth one. This is not following
an agreement.
YM/S:' ,qg r ,qai'16 '[o deny this appeal.
' ThE motion was darried, 4 to 0.
B. TO CONSIDER APPEAL .~YKARL~IEI~2 ~The, City Manager. I~e~plained tha~
SEHRBROCK, 13880 ESPADA-COURY, the,~ouncil had..r~quested the
FOR VARIANCE TO ALLOW CON- ~; app'lican~ to come~baCk with appro-
STRUCTION OF A 96 S0~ FT. ROOM priate drawings for tonight's
ADDITION k~ICH WOUL~ PROVIDE ~ me~ting~'and these are included'
18'6" EXTERIOR SIDE YARD WHE~Z along wi~h the staff 'report, dated
A 25'. SIDE YARD IS REQUIRED 12/1~/80.
(Cont~d.' 2/6/80) ~ ~, =~ ' ~='7, ~ ~'
~obi~, Planning Director,
clarified the~dihingroom can be
used either as a family room
dining room.' Also, bath tub has
been rotated allowing 2 feet on
'either side.
~ The Mayor re-opened the public
" ..' hearing at 8:5~ P.M.
~ Ther~ being no further testimony
~ on .this matter, Corr/C~llon to
close the public hearing. Carried
'- . unanimously~ The public hearing.
was closed at 8:50 P.M.
~- Councilwoman Callon commented that.
' ' ' th.is site is adjacent to a public
street rather than to another'home;
"~ therefore, she feels this is one of
the times the City can afford to
-/ grant 'a variance without the intent
of~iola'ti~k'~\brdinances.
M/S: Callon/Corr to grant Variance
518, based on the ~ollowing findings:
1) Practical Difficulty or Unnecessary
Physical Hardship~T~h~ lo~'~f~
" ~s~b-standard; th~for~ractica'l
I~jf~lty iR_ designing sh~[l~
. ~nuS'd~l ~cirCumstances associated
' with the site in terms of size
andits nor/south dimension.
3)"Cdrfano~ PriVilege - No common
privilege woul~ be denied.
= 4) Special Privilege Granting of
the variance would not constitute
! a special privilege since the
~ dimension of the lot is substandard
6 -
AGENDA ACTION
V. PUBLIC HEARINGS (Cont'd.)
B. TO CONSIDER APPEAL,BY KARLHELN2 (Councilwoman Callon - cont'd.)
SEHRBROCK, 13880 ESPADA COURT,
FOR VARIANCE TO ALLOW CON- 5) Public Health, Safety and
STP~CTION OF A 96 SQ. FT. ROOM Welfare - The project would not
ADDITION ~ICH WOULD PROVIDE A~z 'be injuriBus to adjaqent property
18'6" EXTERIOR SIDE YARD WHERE owners.
A 25' SIDE YARD IS REQUIRED
(Cont'd. 2/6/80) The motiBn was carried 4 to 0.
C. TO CONSIDER FINAL MAP APPROVAL This public hearing was continued
ALLEN DE MARTINI, MOUNT EDEN z to this evening to'allow the
ROAD, SD-1364 (Cont'd. 2/6/80) Council an 0pport~nity to review
the conditions on this subdivisions.
No action is required of the
Council in terms of approving the
map th~s evening, due to the fact
there are ~ome documents remaining
" to be filed with the City.
The Mayor opened the public hearing
at 8:55 P.M.
Ed Bolger, 13627 Vacquero Court,
asked if the final map approval
for this subdivision will be
subject to what was discussed
earlier this evening with regard
to Ordinance 3E~15.
Mayor Kraus replied that the sub-
division would be suBjectto the
provisions 6f this ordinance.
M/S: .Callon/Corr to close the
public hearing. Carried unanimously.
The public hearing was closed at
8:56 P.M.
This item will be re-agendized at
the time all materials are received
relevant to this subdivision.
D. TO CONSIDER APPEAL BY RICHARD ~ Additional data has been submitted
LINDBERG, 13050 PIERCE ROAD, O] by the applicant, and if the
PLANNING COMMISSION DECISION Council wishes to consider this,
TO DE~.~ A USE PERMIT TO ALLOW a de novo hearing must be scheduled.
- CONSTRUCTION OF A DETACHED
THREE-CAR GARAGE (UP-434) M/S: Corr/Callon to.schedule a
de novo hearing following item
E, PUBLIC HEARINGS. The motion was
carried 4 to 0.
E~ TO CONSIDERAPPEAL BYMARC Mr. Robinson, Planning Director,
PETTIB0~ OF PLANNING CO~{~SI~ reviewed the staff report, dated
DECISION RELATIVETODESIGNREV!L~ 2/13/89.
.~4pPROVAL (~-700) ROUND
TABLE PIZZA SIGN ~ MayBr Krausopened the public
hearing at 9:02 P.M.
- -. AGENDA ACTION
V. PUBLIC HEARINGS (Cont~d.)
E. TO CONSIDER APPEAL BY ~IARC Dan Jones, Vice President, OperationS,
PETTIBONE OF PLANNING COMMISSIe] Round Table Enterprises, commented
-DECISION P~LATIVE TO DESIGN i ~that the proposed sign is their
REVIEW APPROVAL (A-700) - proposed logo. There are 190
ROUND TABLE PIZZA'SIGN restaurants in the State of
Californ{a, with each o~¢aer having
to pay royalties each month for
advertising and the right to carry
that name on their sign. The
shields, along with the style
lettering proposed is their logo
and.is used in all of their adver-'
tising.
Mayor .Kraus inquired what is the
s~gnifica~e of the'logos?
Mr. Jones replied that the lettering
itself is :sup~osg~ ,to' be an early
E~glishlstyle. becaus~.'the theme
of Round Table Pizza i~!~a%1f
English.-~t has been put toge~he~
by the marking program so that·
it can be more easily recognized
By the pub~c;',~ucb as McDonald's
arches, etc;
Councilwoman Callon inquired if
there is. lighting.
~ ~Ir. Jones ~-ep~ied'tha~ this is a
; ,hexed sign,..and~-:has,.:tlf~ts~.behind'{t to
: light up'the letters. The only
. time it is lit is during the dark
: hours.
· ' Mayor Kraus asked if Mr. Pettibone
felt the.advertising campaign
-. would be hurt because it doesn't
have the English style letter.
~--r.'JoDes: ;'~r?plied that if they
cannot put the logo up on this
particular store, they may have
trouble in the future with
franchisees not going along with
them on their proposed signing.
Also, an~ advertis'ing that they do
carries this logo.
Councilwoman Callon asked if it
was necessary that the shields be
multi-colored, and if it is possible
they could he blue and white.
Mr. "J_~ ~'~ replied that to
changethe color of the shields
would be difficult because their
uniforms do carry those colors on
': :' the sleeve.
7
AGENDA ACTION
PUBLIC HEARINGS (Cont'd.)
E. TO CONSIDER APPEAL BY ~IARC ......... '
PETTIBONE OF PLANNING CO~D~ISSIOD The lettering as proposed is the
DECISION RELATIVE TO DESIGN same used on menus.
P~VIEWAPPROVAL (A-700) -
ROUND TABLE PIZZAjSIGN Marc Pettibohe of Pettibone S{gns
indicated he would be happy to
answer any technical questions.
Councilwoman Callon asked' if
blue and White shields could be
~ · used.
Mr. Pettibone replied that once
you start changing the color com-
binations, the entire thing is
gone. It has no recognition.
M/S: Corr/Callon to close the
public hearing. Carried unanimously.
The public hearing was closed at
9:10 P.M.
Councilm~n Matteoni asked Mr.
Robinson what the Planning Conmission's
concern with regards to the 3 shields.
Mr. Robinson explained ~hat the
main concern was that the Commission
after several me.~tings had approved
a sign program in terms of color
i_. and letter style. The number of
'colors on the sign was a concern,
and it does not conform to the
letter style of the sign program.
The size of the sigp is not of
concern since it is well within
the ordinance requirements.
Mayor Kraus asked why Jerry Lohr's
green and white logo was approved.
Mr. Robinson replied the CommiSsion
felt it was more of an earth-tone
color.
It was the feeling of the Council
it would not be fair to deny the
colors in this proposed logo if
one was approved for another appli-
cant.
M/S: Callon/Corr to deny the
appeal with respect to the letter
styling an!d ask that the applicant
conform to the standard lettering;
however, to grant the u~e, of the
sign logo as requested. Carried
unanimously.
- 9 - '
AGENDA ACTION
~ '; .. .. .~ ....
V. :~U'BLIC HEARINGS (Cont'd.
0VO ! City = anager distributed a
AP~AL'~Y RIC~A~D 'CT'L~DB~RG, ~ecent letter from Mr. Lindberg,
13050 PIERCE ROAD, OF PLANNING daegd January 17,,1980, along
COMMISSION DECISION TO DENY A" -with ;photog~a~hs~hi~h would be
USE PERMIT TO ALLOW CONST~SCTION considered new evidence in this
OF A DETACHED THP~E-CAR GARAGE matter.
(UP-434
Mr. Robinson, Planning'Director,
indicated this use permit was
denied by the Planning Commission
on the basis that there were avail-
able alternatives for locating the
proposed garage within the
existing setback, and the plan
as proposed would result in a
significant~viI~g~l"(~p'a~f ~"~e'
neighbors.
The Mayor opened the pablic hearing
at 9:25 P.M.
Mr. Lindberg, 13050 Pierce Ro~, .......
.addressed the Council and m~de
.~:C~.~ ,~r~erence to the recent photo~ra~h~
~ ~hi'cH he had presented to the Council'.
~ ~ Photograph #1 - The primary purpose
"-- of this photograph is to demonstrate
the fact-'that the Lanford house
directly behind his house has 2
fogged bathroom windows that are
barely visible over the existing
6-foot fence fence.
Photograph ~2 - This is taken from
Mr. Eindberg's present patio from
the side of his house is 10 ft.
. 3 in.'from the fence,. which is the
existing non-conforming setback of
house from the fence.
Photograph ~3 - This shows the rear
fence, which maintains a 6 foot
maximum height 'from Mr. Lindberg's
level. One of the complaints in
Mr. Lan'f6~d's letter is that he
had built a fence that was larger
than. allowed.
IP~o~6grap~.-~4 --=This is shot f~om
inside of the back fence, and gives
~.' the p~rsp~ ~ive of't~e rear-portion
O~ the' Lindbe~'~o~s'e.=' It shows
C .the.~oo,1 eqUf~n~, ~hich Mr.:
Lanford h~d indicated w~s not'
required setback. The .pool equip-
ment is,aimost 8 ft. 11 in. from
~the propeK~y line.
10 -
AGENDA ACTION
V. PUBLIC HEARINGS (Cont ' d. ) (Mr. Lindberg - cont ' d. )
E. DE NOVO HEARING TO CONSIDER was .directly in front of the house;
APPEAL BY RICHARD C. LINDBERG, one proposal was to turn the
13050 PIERCE ROAD, OF PLANNING garage sideways, keep the existing
COMMISSION DECISION TO DENY A setback, and run it with the back
USE PERMIT TO ALLOW CONSTRUCTION of the garage along the existing
OF A DETACHED THREE-CAR GAHAG.E patio, which would block off the
(UP-434) entire side of the house.
(Mr. Lindberg - cont'd. ) At the P_!an_~ing .Cq_rLmJis_~ion_.Meeting,
the if~elin~ ~' got w~s, "'Wha'~ ~.an
· Photograph #5 Shows a portion ~"'do .to compr2~m~?''~: The~?~n~~
of the side fence running along ~a~'~g~i6H ~hat since the Lanford
Houston Court and the entire property is 7 'ft. 1 in. from the
length of the back fence. One of property, line, that Mr. Lindberg
the concerns r. Lanford' expresSe{ place the garage 7 ft. 1 in. from
in. his l~tter is that by Mr. the~property line. They asked him
Lindberg putting his fence up, h=e to 'consider changing the roof line
was severely limiting his view so that it would be less severe.
of his home. As this picture Mr. Lindberg stated that he left
demonstrates, there is no view that meeting with the feeling that
from his' home. = there was a compromise possible~
that would allow him to preserve the
Photograph #6- Taken from Houst~ fountain. He contacted his archi-
Court, showing Mr. Lindberg's back tect, and he 'drew up revised plans.
fence, facing toward Pierce Road.
It shows .the continuation of the; When he went back before the
shrUb'along Mr. Lanford"s drive-. Planning Commission, the kind of
way and ~ives a perspective in comments he got were a ~otal re-
distance of the setback of his verSal of what had taken place two
house from Houston Court. weeks prior to that. One of the
site committee members who had
Photograph ~7 ~ ShoWs" the front talked about the charm and the
view of-the property from Pierce preservation of the fountain used
Road. The comple~ti'on of the. the term, "It's no big deal; you
rock wall which is in the fore~ can bulldoze it and put your garage
.ground is a turn-of-the-century up with the existing setback anyway."
structure. Th~ completion of ~ The proposal was denied, and as
this wall was undertaken at an he was leaving the theater that
enormous expen'~e, wit~ the 'desire eve~ning, the .Chairperson of the
tO both preserve and enhance the. Commission made a comment to Mr.
originally intended cha~m and Lindberg'S n~ighbor that the
historic beauty of the property. Cormmission did not appreciate the
Mr. Lindberg and his wife feel comment about "We have~ a.ll these
strongly ~hat the fountain is a concerns, but you.pay !us off and
large part of the charm and we'll' forget about it." Mr. Lindberg
beauty of that property, and the indicated he wasn't prepared fo-re-
whole purpose of this use permit spend to tl~at cormment. He is pre-,
request is to preserve t~is pared to respond to it this evening,
historic fountain. however.
The2-~fte-~o~[~i~a~ik_'._~;d_~:_'2."'2 Mr. Lindberg'indicated he would high-
on thi~ properEy',~nH within a light points in Mr. Lanford's letter.
very short period of time came
to the concl,usion that the only Item 1 o.f Mr., Lanford's letter indi-
logical place for a three-car r cates the property value of his
garage would be tt'~e~proposed home wohld be decreased by at least
location. One of the other pro+ $23,000. Mr. Lindberg stated he
posed locations were in the far contacted E.P. Brud Associates, Inc.,
front of the property, just on the Appraisers and Consultants, who has
inside .of the fence; one proposal responded: "In my opinion, there
- i1
AGENDA ACTION
V'. PUBLIC HEARINGS (Cent'd-.) (Mr. Lindberg - cont~d.
E. DE NOVO HEARING TO CONSIDER that Mr..Lindberg is taking certain
APPEAL BY RICHAPdD C. LINDBERG, liberties above and beyond just
13050 PIERCE ROAD, OF PLANNING the building of a three-car garage.
CO~ISSION DECISION TO DENY ~ Some of these have to do with
USE PE~{IT TO ALLOW CONSTRU6TION p~tting up a fence in excess of
OF A DETACHED THREE-CAR GARAG! seven feet on my side of the front
(UP-434) yard, which now I am blocked from
any view from the frpntage of the
(Mr. Lindberg - cont'd.) house ~o 'the.street~and the foilage
whichlonce surrounded it." Mr.
is no affect on the market-value Lindberg commented that he believes
of the Lanford residence." photographs 5 and.6.speak for them-
se~ves as farTas Mr. Lanford's view.
Item 2 of Mr. Lanford'S letter
states that "through extensive Mr. Lindberg stated that Mr. Lanford
discussions with the Fire Depart- has inferred fn his letter that
ment, they have led me to believe Mr. Lindberg has gone in and removed
that structures closer than 15 I. trees and bushes from his property.
feet together are highly suscep-! Mr. Lindberg. state&that he refutes
· tible to damage when and if this.
either structure~atcheS'6~'Tfire'.' ~'
Mr. Lindberg. indf6~d-h~ had a Mr. Lanford's bottom line of his
meeting with Battalion Chief letter. which states, "t would
Ronald W. Moore of Central Fire ~Uggest that~'~the other options
Protection District, whose dis- ~b~reviewed in more detail with
trict covers this Pierce Road the Planning Commission and this
address. He advises that fire particular option for the site
danger associated with a garage be rejected or moved to a minimum
structure is due, in an over- of 15 to 20 feet. If this site
whelming number of cases, to and-option is the only one accep-
stored fuel or fuel leak being. table to Mr. Lindberg, perhaps a
.=~ignited by a water heater, furnace cash· settlement for the inconvenience
heater or an appliance that could be made to me in.order that
operates on a pilot light or spark I might at least recover the de-
ignitor. This garage will have valuation of my property due to
none of these. this construction." Mr. Lindberg
stated that·it would seem if
'~06~it~{~7~ letterZ~tates Mr. LanfOrd was concerned about
that'if ~he proposal'for the the welfare of his family, dollars
construction of the detached and cenEs wouldn't have much to
three-car garage is allowed, it do with this.
would obstruct a great deal of
light and visability of trees in7 Mr. Lindberg further commentd that
the surrounding area that he now Mr. Lanford's claim that the
has from the back yard of his fire department had indicated 15
home. Mr. Lindberg commented feet was refuted by Chief Moore.
that photograph #1 shows that The fire chief further stated that
there are two windows,on that -: from a safety standpoint, with
entire side of the house, with a one-hour fire wall along the back
very little light coming through, of the garage and the access to the
and the shr·ubbery on Mr. Lanford' garage from the side and front of
side of the house is almost al- the Lindberg property, the Lindbergs
~ ready covering those windows. could build right on the property
Therefore, he finds the state- line.with no unusual danger.
ment to be an-exaggeration.
Mr. Lindberg commented that he
Mr. Lanford further'states in had sat down. with Mr. Lanford in
~is letter, "Other· considerations September 1979 to explain exactly
that enter into my mind while what his plan was. The response
making this decision are the fac~ he got·at·that time was "That's
terrific -- that will ~ive me all
-. 12 -
AGENDA ACTION
V. 'PUBLIC HEARINGS (~ont'd.) Councilwoman Corr asked if she was
correct in her understanding that
· D, DE NOVO HEARING TO CONSIDER the Planning Cormhissi0n had asked
APPEAL BY RICHARD C..LINDBERG, Mr. Lindberg to re-design the
13050 PIERCE ROAD, OF PLANNING structure with a 7 foot setback,
COmmISSION DECISION TO DENY A' and he came back with a design that
USE PERMIT TO ALLOW CONSTRUCTION was 6 feet. She asked if Mr.
OF A DETACHED THREEsCAR GARAGE Lindberg was not able to make 7 feet.
(UP-434) Mr. Lindberg replied that when the
(Mr. Lindberg - cont'd.) ! Planning Commission made their
'suggestion to him, it seemed like
that privacy along that side of a logical alternative; however,
the house when t get into my hot- when he had the property laid out
tub?' by the architect, it became obVioUs
that 7 feet would make it so tight
Mr. LindBerg indicated that the that he couldn't swing the car into
construdtion cost from the time a center stall, Therefore, his
the garage was bidlof'$19,500, counter-proposal was to cut the
has risen $2,900. Mr. Lindberg height of the garage do~,m to 12 feet
stated he would haVe.Been better and the depth dozen to 21 feet, and'
off to offer a concession if he z asked for 6 feet setback rather
had thought this was a consider-' than 7 feet.
ation~ Councilwoman Callon asked what was
He called attention to preciden~I the possibility of a 2-car garage,
cases, one being Mr. and ~s. and using the single-car garage
Shae on Rice Court,-Variance 512, already on the site for the third
dated November 1979. This was car.
a 4~foot setback from the side
yard and an illegal garage con- , Mr. Lindberg replied that h~ con-
version. Another.is Mr.:and sidered this..It is'.a barn-like.
Mrs. Meggs onMontauk Drive, structure, 20 f~et de'ep~i a~d is
Variance 500, January 1979, which small for getting a car in and
is a~-5-fooC side yard setback, out comfortably.- It didn't seem
where 20 is required, and 24-foo~ to him or to the'architect that
rear yard setback where 50 is re= this would be in' keeping wi~h ':
symmetry that he was trying to
qUired' attain.
Councilwoman Callon inqui.red how!
large Mr. Lindberg's home is Mr. Robinson pointed out that the
';'- ' ' Commission was concerned abo~t ~he
He:replied 1,7'60 S.qu~re feet length of the structure and the
height of it being so close to
Mayor Kraus' asked what kind of the Lanford property.
coverage Mr~ Lindberg has on his Councilwoman Callon asked if 32 feet
lot.
was standard width f~r a 3-car
Mr. Lindberg indicated he does not garage.
know. He cut the size of'the
,,'~, garage down from 14 f~. 2 in. to Mr. Lindberg replied that 32 feet
~ 12 feet, tO soften the roof line. is standard. In his attempts to
He also made it from'22 ft. deep make the garage smaller, he con-
to 21 ft. deep. . sidered making it shorter;
however, the contractor was
Mr. Robinson, Planning Director; adamently against this for the'
indicated Mr. Lindberg could have reason of "sheer structure",
having to do with the amount of
approximately 6,000 square feet. ~ig~* bn~th~t-'en~ of the building
~n~ h~"mu~h'~e~t' in the structure
between the doors to support a roof.
- 13 -
A~ENDA. ACTION
D. DE NOVO HEARING TO CONSIDER Mr. Brud indfcated he has no
APPEAL BY RICHARDI C. LINDBERG.; evidence in his 30 years of real'
13050 PIERCE ROAD, OF PLANNING estate sales that such a 'situation·
COmmISSION DECISION TO DENY A is we are talking about has a
USE PERMIT TO ALLOW CONSTRUUI'ION detrimental affect upon.market Value.
· OF A DETACHED THREE-CAR GARAGE There are-many properties actively
~ (UP-434) selling in the market today.with
similar side yar. d setbacks and
Robert Lanford, 13044 Houston similar encroachments with no
COurt, commented that he thought. deficiency in market' ~zalue..
the subject was the .3-car garage· ..
and. City Ordinance NS-3, Section A_~dy~DeSelle 13090 Pierce Road,
3.7, Article 16. He is sure ; ad~iressed the Council, ~ndicating
· somebody has gone through the she is Mr.' Lindberg's other..
r'ationalization of what' the ": immediate neighbor.- She commented
ordinance should be and why it is that- since they have moved in, they.
there. Mr. Lanford indicated he have done marvelous thing~ to
originally agreed to-having this improve the property, and every-
garage, he Wasn't aware it would thing they have done and propose.
be 14 f&et high and 4 feet from. to do is in k~eping With the
the fence. : turn-of-the-century style .of the
- -' home, including. the fountain. She
/ME. ~ '~i~a~.i-~d'L~%~'~n' would much rather see their proposed.
· e garage than a garage that would be
~e put in the pr'ce conc s~i6n~!,is .
,'-th~t"t~i'S ~was~' ~'6~st'i'b~i-"from' further away 'from the fence and
a' co-wOrker that Mr. Lanford move '25-30 feet tall;
up to Los Kltos..' This cash sum:.
would, help him get::out..of there.; There being no further testimony,
: M/S: Callon/Corr to close the
Councilwoman Callon asked how ' public hearing. Carried unanimously.
lighting would be affected. The public hearing was .closed at
10: 24 P .M.
Mr. Lanford commented that it '-
would not, with the exception of Councilwoman-Callbh in. dica~ed she
the side of the house. When you shares the Pta~ni~g~Commiss~on's
open the windows, Xou are going concern about the massive size of
to see a garage instead of blue this struqture which is so close
sky. to a neighbor' s "home. i She' believes-
a small~ seructure might be con- '-
Gene Brud, independent real esta't sidered." ' ' "- ".' '
appraiser and consultant,
indicated that one factor which Councilwoman Corr asked: if it had
no one has discussed is the been c6nsidered moving'the garage
matter of landscaping. Right now over to the ~atio, and ~naking the
Mr. Lindberg could put very tall patio into a breezeway. : '
trees immediately adjacent to the
rear fence, and within a year or Mr. Lindberg conmented this would
two, the entire view from Mr. not provide enough-clearance.
Lanford's property could be.
blocked in the area where this Mayor' Kraus' indicated he would
garage ~s proposed. This could b~ see some 'other possibilities
done whether a use permit is explored to move this garage at
granted or not. Mr. Lanford least 7 feet from the fence.
could build a 3-car. garage that
sits back approximately 10 feet It was the consensus to visit the
from the property line without property, and re~agendize this
coming before the City Council, matter for the next meeting.
and he could build it to a
maxifnum of 30 feet in.height.
= 14
AGENDA. ACTION
VI. BIDS AND CONTRACTS BIDS AND CONTRACTS
A. EXTENSION OF AGP~EMENT BETWEEN M/S: Corr/Callon to approve the
CITY AND ARGONAUT BOOSTER CLUB extension of this agreement.
Carried 3 to 0 (Councilman Matteoni
absent)'.
B. CONTRACT CHANGE O~DER - ' M/S: Corr/Callon to approve
· IMPROVEMENT OF QUITO ROAD/. Change Order No. 3 in the amount
WILDCAT CREEK BRIDGE. of-$500 (to be reimbursed by
· County Sanitation District No. 4).
Motion carried 3 to 0.
VII. CONSENT CALENDAR CONSENT CALENDAR
A. REQUEST FOR PED{tSSION TO HOLD Councilwoman Callon requested re-
ATHLETIC ATTIC -.KEZR FOOT P~C~/moval of items C and F from the
MARATHON, SUNDAY, ~.i~.RCH 30, ~ Consent Calendar. Mr. Johnston,
1980 ICity Attorney,,..requested removal
.pf.'item B.
B. DENY CLAIMS AGAINST CITY BY
CHERYL TERSIGNI AND MR. & MRS'. M/S: Corr/Callon approval of !the
LOUIS TERSIGNI ON BEHALF OF~ ~ :.Consent C~lendar, minus items
MICHAEL TERSIGNI ~'~ ~ B, E and F., ~Carried~Unanimously.
C.ORDINANCE NS-60.9 (Second
Reading)
AN ORDINANCE AMENDING THE SUB-
DIVISION ORDINANCE OF THE.CITY
OF SARATOGA'TO PERMIT EXTEN- j
SIONS OF TIME ON APPROVAL OF~
TENTATIVE SUBDIVISION ~IAPS UP
TO ~0 YEARS
D. RESOLUTION NO. 775-4
A RESOLUTIONAMENDINGRESOLUTION
NO. 775-3 ESTABLISHING THE-COM-
PENSATION FOR THE CITY ~NAGE%
OF THE CITY OF SARATOGA
E. EXTENSION OF BOILDING SITE
APPROVAL AGREEMENT SDR .1259,,
PIKE ROAD - POLITI'
F. CONDITIONAL FINAL ~IAP'.APPROVAL
TRACT 6731 - VICKERY AVE.,
BUTLER
® Resolution 1418=1
G. CONSTRUCTION ACCEPTANCE- '.
· SD-1310, LEONARD ROAD - = ·
-
SERRIEP~ '
'H. FINAL ACCEPTANCES
Tract 5980 - Sobey Rd. Day~
SDR-1264 - Pierce Road -Prest2jaha.
sDR-i321 - Worden Way
Hz
- 15 -
.AGENDA ACTION
VII. CONSENT CALENDAR.(Cont'd.)
t. PAYMENT OF CLAIMS
.J. CITY TREASURER' S REPORT
K. CITY CLERK'S FINANCIAL REPORT
VIII. SEPARATE OF CONSENT CALENDAR SEPARATE·OF CONSENT ·CALENDAR
B. CLAIMS AGAINST CITY'BY CHERYE The City Attorney requested this
TERSIGNi AND MR. & ~fRS. LOUIS claim form be cleared with the
TERS!GNI ON BEHALF OF M!CH>ZL insurance agent for validity.
TERSIGNI Staff to f~llow up and bring
· back ~ecommendation.
C. ORDINANCE NS- 60.9 Councilwoman C~i ion cornmelted
that if we process this ordinance
AN ORDINANCE AMENDING THE SUB- as it is ~roposed, if the approval
DIVISION ORDINANCE OF THE CIT.Y is extended an additional year l
OF SARATOGA TO pERMIT EXTEN- and the Council adopts a zoning
SIONS OF TIME ON.APPROVAL OF change in between, the City
TENTATIVE SUBDIVISION MAPS UP cou'ld not make the appli~a_n~_con-
TO TWO YEARS form to the new zoning.
~fhe City Attorney suggested~ th~
~i'16~{ng"wordi~'b'e added to
'-S~ction 3:
"In the event, however, that the
land which.is the subject matter
of the tentative map has, prior
to the request for the extension,
been rezoned so that the lot size
of the tentative map Would now be
inconsistent with the new zoning,
then, and in t~at event, no such
extension may be granted="
M/S: Co~/Callon to adopt '
Ordinance NS~60.9, as modified,
and'waive the reading. Themo.tion
was c~r~d uhanimOu~ly,
F. CDNDITIONAL ~INAL MAP APPROVAL Mr. ShooR, DireCtor of Public Works,
TRACT 6731 ~ VICEROY AVE., explained the nature 6f the pro-
BUTLER posed improvements for this sub-
division.
· Resolution 1418-1
The report.bef6re the Council,
dated 1/14/80, recommends con-
ditional approval, subject to
, finalization of plans, and provision
of CC&R's and bonds for these
improvementsL
.Freida Jeffs, 20500 Lomita Ave.,
commented that the easement of her
property includes the bridge in
the~e plans~ The plan as shown
would not be acceptable to her for
this reason.
16
AGENDA ACTION
VIII. SEPARATE OF CONSE[~ CALENDAR (Cont'd.)
F. CONDITIONAL FINAL }~P APPROVAL Mr. Shook explained the developer's
TRACT 6731 - VICKERY AVE., first submittal indicated a larger
BUTLER size bridge which would encroach
onto Mrs. Jeffs' property; however,
· the revised plan would include a
20-foot wide bridge,,structure,
thereby alleviating this concern.
M/S: Callon/Corr to asopt Resolution
1418-1, granting Conditional Final
Map Approval, Tract 6731, and this
approval-be conditioned on not in-
creaping the bridge to City
standardS, but'to 'keep it at
minimu~ btandardsO as not to
encroach on neighborS' property.
Mayor Krau's indicated he would vote
,, in opposition to/th~s motion in
that he has voted in disapproval
of this tract in the past, and
this wo~ldl-be consistent with that
position..
~he motio~ c~rried 2 to 1.
-ReceSsan'd rec'onVene
IX. A~INISTRATIVE MATTERS ADMINISTP~TIVE I~TTERS
A. MAYOR
B. COUNCIL & COMMISSION REPORTS
1. Tariff Policy and Fare Plan Consensus.to ask that representative
Santa Clara County Trans- Linda Callon communicate Council's
portation Commission position on February 2~, 1980:
1) No objection to increase,
except in the case of senior
citizens.
2)Desire improved express service.
C. DEPARtmENT HEADS & OFFICERS
1. Director of PubliclWorks Mr. Shook, Director of Public
Report Re: Saratoga Ave. Works, explained that ther..staff
Bicycle Safety from. has reviewed alternatives to '~he
Fruitvale Ave. to Via Monte previous recommendation for a
Drive 2-way bike lane along this strip.
With~ regard to installation of a
crosswalk. at Scotland with a
guard during the afternoon hours,
there was concern that because of
the traffic merging from Fruitvale,
the right turn movement from
FrUitvale to Saratoga Avenue
creat~! a conflict.
~GENDA ACT~0N
' IX, ADMINISTRATIVE MATTERS (Cont 'd, ~f,(l~_r.~,. 'S~g~__n cont' ~'
C,. DEPARTMENT HEADS & OFFICERS Another alt~Dative_.%~_~_~.p!py~e
~9_~- 3_~e'II~d77~n~s .and a 4-fo6t ~
1. DirectOr of Public Works ~i~e lane, yith ~n~8-foot .raiSed /
Report Re: Saratoga Ave. ; ~pathWay 'f~omZFruitVale Avenue to_ ~
Bicycle Safety from '~some Roin't 5e~h~'Fr~[~l~"and
Fruitvale Ave. to via Monte Sh~i~Fd~ ....
Drive Council c~ncensus to proceed with
plans fo~_~h~ bike lane installa-
tion; 'a~ per t~e' '6~ih~l '~{f' '.-
~eqo~e~d~l~approving ~an =7: '~' ~
~mendment to the City Capital . ~
I~l~'~"'~d~'t'i~ th~6~t'
of $12,000, and as an interim
measure, employ a crossing.guard
at the Scotland Avenue location.
D. CITY ~AGER
1. RepOrt Re: City. Pareici- Ref. report, dated 2/14/80.
pation in Gas CAP (Gasoline
Conservation Awareness Pro- Council.Consensus to. proceed as
gram) · reco~ended.
..... ~E- ACKNOW~EDGE~NT. 'OF-PUBLIC ~ ~%b~Mayor.~eco~ized in attendance
~ ".GROUP ~P~SENTATION'~~ ~ this eveningz: .
Sally Price, League of Women Voters
Joyce Lava, A.A.U.W.
Gladys Armstrong, A .A.U .W.
Betty Moss, Good Gove~ment Group
X. ADJOU~ AMOU~NT
M/S: Corr/Callon to adjourn the
meeting. Carried unanimously.
~e meeting was adjourned at
11:55 P.M.
s ec ubmi. tted, ,'.- -
-. 18