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HomeMy WebLinkAbout09-06-1979-Land Development CommitteeLAND DEVELOPMENT COMMITTEE MINUTES TIME: September 6, 1979 - Thursday - 9:00 a.m. PLACE: Crisp Conference Room, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. Roll Call Committee Members: R. S. Shook, R. S. Robinson and Commissioner Laden Staff Members: K. Kerdus, D. Trinidad and D. Wimberly B. Minutes It was moved and seconded that the reading of the minutes of August 16, 1979 be waived and the minutes be approved as dis- tributed. The motion was carried unanimously. II. SINGLE SITE APPROVAL PER ORDINANCE NO. 60.05 A. SDR -1436 - George Oldham, Oak Street, Tentative Building Site Approval - 1 Lot Staff requested that the Land Development Committee continue this item until September 20, 1979, since all the conditions had not been received. The applicant had previously agreed to this continuance, and therefore no representative was present. It was directed that this item be continued to September 20, 1979. III. BUILDING SITES /SUBDIVISIONS A. SDR -1426 - Parnas Corp., Pierce Road, Tentative Building Site Approval - 4 Lots The applicant's engineer, Bill Heiss, and Mrs. Gaspar were present for this discussion. The LDC reviewed the new map submitted for conformance to the interpretation of the HCRD Ordinance and the proposed roadway location. Much of the discussion centered around the driveway to the Gaspar property. It was determined that the driveway should be moved as far back from Pierce Road as was practical, and that the entrance should be set off as a private entrance through the use of gates or monuments. The Public Works Department stated that they would be reviewing the safety of the driveway at the time of improvement plan submission. The LDC considered the mitigation measures attached and recommend- ed that they be left as proposed, since they were similar to those included on the proposed subdivision of the Water Works property (SD- 1373). It was then moved and seconded to grant the site approval per Exhibit 11B -3" filed August 23, 1979, with condition III -J modified to read: "Private utility structures crossing fault zones should be designed so as to reduce potential of damage in event of fault movement." The motion was carried unanimously. B. SDR -1413 - Mr. and Mrs. Perry West, Via Regina, Tentative Building Site Approval - 1 Lot Mr. and Mrs. West were present for the discussion. Staff pointed out that the lot involved several problem areas -- sewage disposal, water for fire protection and geology. Staff also noted that Condition III -E had been changed to read: "Horses not allowed on slopes of greater than 50; III -G to: "All structures shall be equipped with fire detection and security systems as required by the City "; V -A to read: "Design review approval of all struc- tures and landscaping required prior to issuance of permits "; V -B to: "Any modifications to the site development plan shall be subject to Land Development Committee approval." The Committee then discussed at length the conditions requiring sewer rather than allowing the septic tank system to remain. Staff stated that, as the ordinance required at this time, sewers would be necessary. - 1 - LDC Meeting Minutes of 9/6/79 SDR -1413 (cont.) Page 2 Mr. West stated that a denial of the building permit would not get sewers on Via Regina through an Assessment District. He also pointed out very little future development was planned on Via Regina, and that as far as he was aware, no septic tank systems on Via Regina had failed. His system had simply been constructed prior to the County controlling septic tank con- struction. The LDC explained to Mr. West that they were not empowered to grant exception and they felt the Council needed to relook at requiring sewers because of the impact that septic had on the various areas of the City. As to the water system, it was felt that with the system being developed for the DeMartini subdivision (SD- 1363), this site would acquire enough water flow to reach the conditions. On geology, it was explained that Mr. West had been told that a favorable geology report would be required to be approved by the City Geologist prior to Final Approval, and that Mr. West had understood this condition. Then Mr. West questioned the Committee on the report; specifically he was concerned about Condition II -C: "Submit, irrevocable offer of dedication to provide for a 30 ft. half street on Via Regina ". The Committee determined that Via Regina was a private road and that this condition could be deleted. The applicant next expressed his concern about Condition V -E, which listed mitigation measures. It was directed, at Mr. Robinson's suggestion, that No. 7 of the mitigation measures should be deleted, since for one applicant to investigate the need for a road maintenance district seemed extra- ordinary. Mr. West then pointed to No. 8, 9 and 10 of the mitiga- tion measures, stating that he felt that since he already had a structure on the land, he would not be adding to any impact on Pierce Road or other improvements needed for the area. Discussion followed about the equity of having everyone pay versus the polit- ical reality of this occurrence. It was then explained by the LDC that they felt that when a lot came in for building site approval, it was their duty to require the same conditions as were being required of the developers in this area, and that the future pro rata basis would be determined by the Council. Mr. West expressed concern about Condition V -E74 which related to the May - September dry period, and Mr. Wimberly explained that actually this was a warning condition, and that it would be at the dis- cretion of the Department of Inspection Services. It was moved and seconded to approve SDR -1413 per Exhibit "B -1" filed September S, 1979 and the Staff Report dated August 15, 1979 as modified. The motion was carried unanimously. C. SDR -1433 - J. A. and Clara Teresi, Saratoga Avenue and Bucknall, Tentative Building Site Approval - 2 Lots Staff reported that they had received a letter of continuance from the applicants' engineer, and that the item was to be continued until a site development plan was submitted and reviewed by the agencies. It was directed that this item would be agendized at that time. IV. MISCELLANEOUS A. SDR -1406 - Ronald J. Haas, Camino Barco, Modification of Site Development Plan Mr. Balboni and Mr. Haas were present for the discussion. Staff explained that Mr. Haas was seeking conceptual approval of a movement of the house as last approved by the LDC. It was indicated that the house would be two -story and was located over a drainage swale, which would require a cement culvert in front of the house. The LDC reminded Mr. Haas of their previous recommendation, which was for a garage on one side of-the swale and a house on the other side. Mr. Haas explained that he did not feel that that would be the best use of the land. The LDC determined that they would need to look at the lot and the environmental impact of the proposed house location. A meeting was set up for 8:30 a.m. on - 2 - LDC Meeting Minutes of 9/6/79 SDR -1406 (cont.) Page 3 September 14, 1979 for the LDC to review the site. It was requested that a new map be submitted showing the hydrology of the lot, stakes where the house was located, and topography of the lower creek on the lot. It was directed that this item be continued to the meeting of September 20, 1979. V. COMMUNICATIONS A. 21400 Tollgate, Modification of Site Development Plan Mr. William Brown and Sons, contractors, were present for the discussion. Staff indicated that this was the lot upon which the City had not intended any structure. However, through Staff error, a building permit had finally been issued, which allowed construction of one house. As far as Staff could deter- mine, no site development plan had been approved for the site. However, since a swimming pool, an addition, and a tennis court were being proposed for the site, Staff felt that the LDC had the right to review and request a modification to the site development plan. Staff indicated that the tennis court would be heard by the Planning Commission in a public hearing at their next meeting. However, it was felt that the swimming pool and room addition would cause minimal impact on the site, and it was recommended that they be approved at this time. The LDC dis- cussed the topography of the site, which is fairly flat, and it was moved and seconded to approve the modification. The motion was carried unanimously. B. SDR -1290 - Hulse (.Irany), Request for Second One -Year Extension The LDC approved in concept the Staff suggested conditions for SDR -1290, to be added per Council direction of September 5, 1979. VI. ADJOURNMENT It was moved and seconded to adjourn the meeting. The motion was carried unanimously. Kat Ke us, Secretary KK:cd