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
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