Loading...
HomeMy WebLinkAbout03-11-1968 Planning Commission Minutes SU~RY OF MINUTES CITY OF SARATOGA PLANNING COMMISSION TIME: Monday, 11 March 1968, 7:30 P.M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California · TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present:Commissioners Crisp, Kasner, Johnson, Lively, McFall, Norton, and Smith. Absent: None. B. MINUTES' Commissioner Smith moved, seconded by Commissioner Crisp, that the reading of the minutes of the 26 February 1968 meeting be waived and that they be approved as distributed to the Commission; motion carried unanimously. C. GENERAL PLAN MINUTES Chairman Norton expressed the appreciation of the Planning Commission to Mrs. Loher for a job well done relative to the arduous task of taking the minutes for the Major General Plan Review. D. NEW COMMISSIONER Chairman Norton extended a'welcome to newly appointed Commoissioner Philip D. Lively. He observed that Commissioner Lively~ Manufacturing Manager of the Ordnance Division at the FMC Corporation, was also a.member of the American Ordnance Association and has been active in various civic activities including Chairman of a.'! Saratoga Citizens Sub-Committee of the recent'Majo'~ ...... General Plan Review. ' .............. Chairman Norton then appointed Commissioner Lively to the Design Review · Committee and advised that Commissioner Lively had informed him that he preferred to abstain from voting on all matters before the' Commission at this time since he was not familiar with the subject applications. E. NEW SPEAKERS Chairman Norton called to'the attention of the Planning Commission the new speakers which will hopefully improve communications between the Planning Commission and the audience. II.· PUBLIC HEARINGS A. V-314 - Larry G. Swenson, Bohlman Road - Request for Variance in Connection with Front Yard Setback Requirements The public hearing on V-314 was opened at 7:38 P.M. The Secretary advised that the Notices of Hearing had been mailed and there were no written communica-~ tions on file. He then briefly reviewed this request and stated that some new exhibits have been submitted for review by the Variance Committee. -1- Planning Commission Minutes - 11 March 1968 - Continued II. A. V-314 - Continued M~. James Elhnore, applicant's architect, was present and stated that 1) it was necessary to submit new plans since the original survey on the property was inaccurate; therefore, a new survey had to be made and 2) he discussed the proposed Variance with the adjacent neighbors and they offered no opposition to same. Commissioner Crisp stated that because of the grading problems involved With this application, the Variance Con~ittee would like the City Engineer to accompany them for an on-site inspection at 9:30 A.M., Monday, 18 March 1968. After discussion, Chairman Norton (7:44 P.M.) closed the hearing for the evening, directed V-314 continued to the next regular meeting and referred same to the Variance Committee for study and a report. B. UP-146 - Finnegan Construction Co., Manor Drive - Request for Use Permit to Allow a Model Home Sales Office Chairman Norton opened the public hearing for UP-146 at 7:45 P.M. The Secretary 1) stated that the Notices of Hearing were mailed 2) briefly reviewed the subject request and 3) recommended that this application be referred to the Subdivision Committee for study. There was no one present to represent the applicant and no one in the audience wished to comment. At 7:46 P.M., Chairman Norton directed UP-146 continued to the next regular meeting and referred same to SubdiVision Committee for study and a report. C. UP-147 -0 St. Archangel Michael (Serbian Orthodox Church), Allendale Avenue - Request for Use Permit for Sanctuary, Classrooms·, and a Parish House The public hearing for UP-147 was opened at 7:47 P.M. ~he Secretary stated that the Notices of Hearing were mailed and then explained that the applicant has sub- mitted a Master Plan for the entire project. No one was present to represent the applicant. Chairman Norton, in answer to an inquiry from a member of the audience, stated that the Master Plan shows the futuressanctuary facing Allendale Avenue with the soon-to-be-constructed Classrooms and existing meeting hall immediately to the rear of the sanctuary and the proposed parish residence on the south-westerly portion of the property. Chairman Norton at 7:49 P.M. closed ·the hearing for. the evening and directed UP-147 continued until the meeting of 25 }~rc~ 1968 and referred same to the Subdivision Committee for study. He then directed the Secretary to contact the applican~ relative to setting up an appointment with the Subdivision Committee. D. QUITO PARK BUSINESS CENTER~ Cox Avenue - Informal Hearing - Request that Veternarian Office be Added to the List of COnditional Uses in the Neighborhood Commercial Zonin$ District Chairman Norton opened the discussion on this informal hearing. The Secretary'~ read the letter submitted by the applicant requesting that Veternarian Office be added to the List of Conditional Uses in the "C-N" Neighborhood Commercial Zoning District. -2- Planninz Commission Minutes - ll March 1968 - Continued II. D. QUITO PARK BUSINESS CENTER - CONTINUED There was no one present to represent the applicant. Commissioner Johnson advised that he would prefer that this request for Veternary Office include only the Quito Park area and not all "C-N" zones. Chairman Norton stated if it were limited to the Quito area alone it would be necessary to obtain Use-Permits in each case; whereas if the request is granted, as stated, Veternary Office will be allowed in all "C-N" Zoning Districts. After discussion, Chairman Norton closed the discussion for the evening, referred the subject request to the Subdivision Committee for study and directed same continued to the next regular meeting. III. BUILDING SITES AND SUBDIVISIONS A. SDR-732 - Franklin Homes Company, Fourth Street and Saratoga Creek - Buildin~ Site Approval - 1 Lot - Continued from 26 February 1968 Commissioner Smith explained that 1) there is still some information lacking relative to this application and 2) if no letter of extension is received from the applicant and no action is taken by the Planning Commission this evening the subject application will be automatically approved. After discussion, Commissioner Smith moved, seconded by C~mmissioner McFall, to deny SDR-732 if no letter of extension is received from the applicant prior· to 18 March 1968; motion carried unanimously. B. SDR-734 - Manfred G. Kahl, Allendale Avenue - Building Site Approval - 1 Lot The applicant was present and after reviewing the conditions 1) expressed -understanding of same 2) inquired under what ordinance these conditions are required.·3) stated that it seemed the report is referring to a larger 'lot · ·than the one he is·applying for and 4) indicated he would have some very friendly neighbors if he were to improve the road along the front of their homes as required by Condition II-C of the Building Site Committee Report of 11F~rch 1968. Chairman Norton explained. that in the case where a lot is cut off from an approved subdivision, as in this case, the Planning Commission legally excercises jurisdiction and requires improvements for the entire parcel rather than the single lot. The Secretary advised that in this case Mr. Buehner (subdivider of the subject property) owned the original seven (7) acres and Mr. Kahl (applicant) has purchased one (1) acre from him but the Tax Rolls still show Mr. Buehner as the owner of the entire seven (7) acres; therefore, the City must assume that M~. Buehner is still the owner of the property and treat this parcel as a whole rather than as individual lots. The Secretary, in answer to an inquiry from M~. Kahl, stated that 1) when the Santa Clara County Assessor's Book is changed that will be the proof needed that M~. Kahl is the new owner of the property 2) since the ~pplication was filed prior tO issuance of the new Assessor's Book the new ownership is not shown and 3) it may be some months before the Tax Rolls are adopted. Chairman Norton explained it would be to the'applicant's advantage to withdraw this application and refile after the new Tax Rolls are adopted since he may be freed from the subject extensive improvements in that way, but if he goes for- ward with it at this time it will have to be treated as part of Mr. Buehner's subdivision. Planning% Commission Minutes !I March 1968 - Continued III. B. SDR-734 - Continued The Secretary, in ans~er to Commissioner Crisp, stated that when tentative. "approval is granted for a piece of property a portion of it can be sold off and the new o~er will be responsible for his particular-piece only. Chairn~n Norton stated that by bringing one lot of l~. Buehner's subdivision before the Planning Commission it is in effect bringing the whole tract before the Co~mission and if Mr. Buehner' s present approval expires then he will be responsible only for the property left in his name and. if the present applicant sub'mits an application after the Tax Rolls are accepted and changed then he can only be required to improve his portion of the property. After discussion, Chairman Norton directed this matter continued to the next regular meeting to allow time for further study and consultation with the City Attorney and then referred same to the Subdivision Committee. He then informed the applicant that he could request that SDR-734 be withdrawn at the next regular meeting. C. SDR-735 - Tom Scott~ Via Re%ina - Building Site Approval - 1 Lot Commissioner Smith explained that this is a ref~le on an expired tentative map. Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committee Report of 11 March, 1968 relative to SDR-735 be adopted and that the tentative map (Exhibit "A", filed 26 February 1968) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-736 - George Akers, E1Camino Grande - Building Site Approval - 3 Lots Commissioner Smith stated that this is a refile fo~ SDR-53i and there were no changes in the conditions. The Secretary explained that all the improvements have been met and all fees paid,..but since SDR-531 expired it is necessary to reapply for Building Site Approval. Commissioner Smith moved, seconded by Commissioner McFall, that the Building Site Committee Report of 11 ~rch 19'68 relative to SDR-7B6 be adopted and that the tentative map (Exhibit~"A'', filed 28 February 1968) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-737 -'Larry Swenson., Bohlman Road - Building Site Approval - 1 Lot Commissioner Smith explained that .this application cannot be acted upon until the Variance (V-314) application is resolved and then recommended tha~ SDR-737 be continued to the next regular meeting. Chairman Norton so directed. IV. DESIGN REVIEW A. A-270 - Paul Flanagan, Bi~ Basin ~y - Final Design Review - Commercial Building Commissioner Kasner explained that 1) this is an application for a Commercial Building with Retail Specialty Shops 2) the Design Review Committee has re- viewed this file and the color combinations submitted 3) the applicant is participating in the Village Parking Assessment District No. ~ and 4) summarized the Staff Report of 11 March 1968 recommending that Final Design Review be granted for A-270. -4- Flanning Commission i~{inutes - tl March ].968 - Continued IV. A. A-270 - Continued Chairman Norton recol~ended that the Staff Report be amended to list the color combinations as follows: "Red face brick marked A-270'and Cabat's Ranch House Hues RH-70 for roof color and RH-42 and RH-45 for siding colors." After discussion, Commissioner Kasner moved, seconded by Commissioner Smith, to adopt, as amended, the Staff Report of 11 March 1968 recommending that Final Design Review Approval be granted A-270 as shown on Exhibit "A" along with cu!or and material e:{hibits and subject to the con0itions stated in said report; motion carried unanimously. B. A-273 - Franklin Homes Company, Fourth Street and Saratoga Creek - Preliminary Design Review - Apartment Complex - Continued from 26 February 1968 Conm~issioner Kasner, in view of the procedure followed for the Building Site Site Approval (III. A. (SDR-73~ of these minutes), recommended that this matter be continued to the next regular meeting. Chairman Norton so directed. C. SS-58 - Finnegan Construction Co.,. Highway 85 and Manor Drive - Final D~.sign Review - On-Tract Subdivision SiSn Commissioner Kasner briefly explained this application and read the Staff Report of 11F~rch 1968.. After discussion, it was agreed that in' the last paragraph. .second sentence. .of the Staff Report the word after should be changed to read from. Commissioner Kasner moved, seconded by Commissioner Smith, to adopt, as amended, the Staff Report of 11 March 1968 recommending that Final DeSign Review Approval be granted SS-58 as shown on Exhibits "A"'and "C" and sub- ject to the condition listed in said report; motion carried unanimously.. V. CITY COUNCIL REPORT Commissioner McFall gave a su~mn~ary on items reviewed and action taken at the City Council meeting of 6 March 1968, with emphasis on the 'following items: 1. The appointment of Commissioner Lively to the Planning Commission. 2. introduction of the ~jor General Plan Review. 3. Westbrook Annexation - No action taken relative to this matter at this time and the Council delayed any action until after the Prospect Road and.bridge~_ improvements. 4.A letter submitted by the'School District expressing their support of the Herriman Avenue extension. VI. OLD BUSINESS . .~ A. UP-121 West Valley Baptist Church, Fruitvale and Allendale Avenues - Request for Extension - Continued from 26 February 1968 The Secretary explained that he was informed by the Pastor of the church that since the Church Board cannot reach an agreement at this'time UP-121 can be denied. -5- Planning, Commission Minutes - I! March 1968 - Continued VI. A. UP-J21 ~ Continued Conmissioner Smith stated that 1) the Subdivision Committee met with the representatives of the church and apparently they do n~ plan to go ahead with construction for some years due to parking, West.Valley Jr. College, and the improvement required on Fruitvale and 2) the question is if after this request for extension is granted anothcr request will be forthcoming and then the City will already have made some of the improvements required. Conunissioner Crisp advised that the church requested was much larger than is permitted on that property and the parking was inadequate. After discussion, Commissioner Smith moved, seconded by Commissioner Kasner, that the request for extension relative to UP-121 be denied; motion carried unanimously. B. _UP-124 - Claude T. Lindsay, Inc., Cox Road - Request for ExtenSion Commissioner Smith moved, seconded by Commissioner Crisp, that UP-124 be granted an extension of one (1) year from the present date of expiration; motion carried unanimously. C. G-104'-'Roy Kosich, Saratoga Avenu~ and Radoyka Drive - Request for Change of Zoning Commissioner Smith explained that at the meeting of 28 August 1967 the Commission voted to accept the General Plan Committee report relative to C-104 which recommended that this matter be continued to February, 1968 or until after the Major General Plan Review. He then recommended that this matter be re-instated and a new Notice of Hearingpublished. Chairman Norton so directed. The Secretary stated that the Staff had anticipated that,this matter would be re-instated and therefore had already published a Notice of Hearing. VII. NEW BUSINESS NONE VIii. CO~Lqq!CATIONS A. WRITTEN .1~ AZULE CROSSING ~RCi~L~NTS ASSOCIATION ' The Secretary read a communication received from the Azule Crossing Merchants Association requesting that the Planning Commission consider Multiple Residential zoning for the three to four acre parcel behind the Azuie Mall Shops and along the railroad tracks since this area is presently a problem area because of the substandard buildings on the property. : Chairman Norton stated that I) he agreed that this is a problem area 2) a mobile home park might be considered for this area and 3) the mobile home park located in Los Gatos appears to be very desirable. Com~missioner Kasner stated that strict controls are necessary for mobile home parks. The Secretary explained that he. had discussed development plans with ~. Galeb and his attorney and asked them to present some sort of plan in order that the City will have some idea what they have in mind for this area. Piannin% Commission 14in~:tes - !1 March !968 - Continued VIII. A. 1. AZULE Comnissioner Smith stated that !) the Subdivision Committee and' Staff have been working on the Visitor Commercial Zoning and have prepared a list for consideration by the City Attorney and 2) he felt the Visitor Conmercial Zoning is more in line with what Saratoga would like for this area. 2. V-313 - F~. Pete Pasetta, Saratoga-Los'Gatos Road - Letter from City Attorney The Secretary read a copy of a letter mailed to'Mr-.. Pasetta by the City Attorney stating that the Planning Commission acted in accordance with the Zoning Ordinance when they denied V-313. Chairman Norton stated he was Surprised that someone as familiar with Planning Policy as ~. Pasetta would question the action of the.Planning CoF~ission. Commissioner Crisp ~tated that Mr. Pasetta was one of the original' authors. of the Zoning Ordinance which includes the rules governing the granting and denial of variance applications. Commissioner Johnson stated that F~. Pasetta's property consists of ,several acres and this provides for enough area for a garage without a variance. The Secretary stated that the property is fully landscaped and without the variance some of the landscaping will have to be removed and a wide driveway constructed. B. ORAL Chairman Norton acknowledged, with pleasure, the presence of Councilman Burry, Mrs. Owen and Adm. Ralph Metcalf of the Good Government Group and M~. Lawrence O. Kitchen, 20884 Sarahills Drive, Saratoga. He, also, thanked F~s. Ow&n for the coffee to be served after the meeting is adjourned. IX. ADJOURNMENT The Chairn~n declared the meeting adjourned at 8:59 P.M. Respectfully submitted, .:~:' Stanley M. ~alker, Secretary'j~Z! Saratoga Planning Commission j