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HomeMy WebLinkAbout03-11-1968 Planning Commission Minutes (2) SII~RY OF MINUTES CITY OF SARATOGA P~ING COmmISSION TI~: Monday, 11 ~rch 196~, 7:30 P.M. .~ P~CE: City Council C~ambers, Fruitvale Avenue, Saratoga, California i~z; I.. RO~INE ORGANISTION ':" ";"~" A. ROLL CALL ............... Present:Co~issioners Crisp, ~sner, Johnson, Lively, 'McFall, Norton, and Smith. Absent: None. B.' ~NUTES Co~issioner Smith moved, seconded by Co~issioner Crisp, that the reading of the minutes of the 26 February 1968 meeting be ~ived and that they be ... approved as distributed to the Co~ission; motion carried unanimously. :: C. GENE~L P~N MINUTES '.~. '~' Chair~n Norton expressed the appreciation of the Planning Co~ission to :""'i ~s. Loher for a job well done relative to the arduous task of taking the minutes for the ~jor .General Plan Review. .. ..i D. ~W COmmISSIONER Chair~n Norton· extended a weldome to newly appointed Co~issioner Philip '..' D. Lively. He observed that Co~issioner Lively, ~nufacturing ~nager 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 inc.luding Chair~n of 'a. Saratoga Citizens Sub-Co~ittee of the recent ~jo~ ..... General Plan Review. ' .................. ~L' Chair~n Norton then appointed Co~issioner Lively to the Design Review .~ Co~ittee and advised that Commissioner Lively had informed him that he ~... preferred to abstain from voting on all ~tters before the Co~ission at this time since he was not familiar with the subject applications. E. NEW SP~KERS .~'~ Chair~n Norton called to 'the attention of the Planning Co~ission the .~..;.,~.L~ '."...~ new speakers which will hopefully improve co~unications between the Planning .~.. Con~ission and the audience. II. P~LIC HEARINGS A. V-314 - Brry G. Swenson, Bohl~n 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. Secretar'y advised that the Notices of Hearing had been ~iled and there were no ~itten cornice-.' tions on file. He then briefly reviewed this request and stated that s~e new exhibits have been submitted for review by the Variance Co~ittee. ., -1- Flanning Commission Minutes - 11 March 1968 - Continued Mr. James Ellmore, applicant's architect, was present and stated that 1) it was necessary to submit new plans since the original survey on the property ~ms 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 ti!is application, the Variance Comnittee 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., F~nor 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 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. The. 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 future.sanctuary 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 ~he meeting of 25 ~.~rch 1968 and referred same to the Subdivision Committee for study. He then directed the Secretary to contact the applicant relative to setting up an appointment with the Subdivision Committee. D. QUITO P.AjlK BUSINESS CENTER, Cox Avenue - Informal Hearing - Request that Veternarian Office be Added to the List of COnditional Uses in the NeiShborhood Commercial Zoning District' Chairnnn 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- Planning Commission Minutes 11 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 Drefer 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 - Building 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 Commissioner McFall, to deny SDR-732 if no letter of extension is received from the applicant prior to 18 ~rch 1968; motion carried unanimously. B. SDR-734 - Manfred G. Kahl, Allendale Avenue - Buildin~ Site Approval - 1 Lot The aDDlicant 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 isappl. ying 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 11 March 1968. Chairman Norton explained that in the case where a lot is cut off from an approved ~ubdivision, 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 ~. Buehner as the owner of the entire seven (7) acres; therefore, the City must assume that ~z. Buehner is still the owaer of the property and treat this parcel "'7:~" as a whole rather than as individual lots. .. The Secretary, in answer to an inquir.y from F~. 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 o.W~er of the property 2) since the application was filed prio~ 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. -3- Plannin~ Commission Minutes - 11 March 1968 - Continued III. B. SDR-734 - Continued The Secretary, in answer 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 owner will be responsible for his particular piece only. Chairman Norton stated that by bringing one lot of ~-hr. Buehner's subdivision before the Planning Commission it is in effect bringing the whole tract before the Co~nmission 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 submits 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 Reg~ina - Buildin~ Site Approval - 1 Lot ":' Co~issioner Smith explained that this is a refile on an expired tentative ...; Comissioner Smith.moved, seconded by Commissioner Crisp, that the Building '..~ Site Comittee 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~ E1 Camino Grande - Building Site Approval - 3 Lots Comnissioner Smith stated that this is a refile for' SDR-53'l and theie 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 Ap prova 1. Commissioner Smith 'moved, seconded by Co~issioner McFall, that the Building Site Comittee Report of 11 March 1968 relative to SDR-736 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 - ~rry Swenson, Bohlman Road - Building Site Approval 1 Lot Comissioner Smith explained that this application cannot be acted upon until the Variance (V-314) application is resolved and then recomended that SDR-737 be continued to the 'next regular meeting. Chairman Norton so directed. IV. DESIGN REVIEW A. A-270 - Paul Fiehagen, Big Basin Way - Final Design Review - Co~ercial BuildinS Comissioner ~sner explained that 1) this is an application for a Comercial Building with Retail Specialty Shops 2) the Design Review Comittee has re- .-' viewed this file and the color combinations submitted 3) the applicant is participating in the Village Parking Assessment District No. t and 4) su~rized ~he Staff Report of 11 [~rch 1968 recomending that Final Design Review be granted for A-270. -4'- Plannin~ Commission Minutes 11 March 1968 - Continued IV. A. A-270 ContinL'-ed Chairman Norton recommended 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 CommissioL~er .. Smith, to adopt, as amended, the Staff Report of 11 March 1968 recommending that Final Design Review Approval be gran[ed A-270 as 'shown on Exhibit "A" along with color and material exhibits and subject to the conditions 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 Commissioner Kasner, in view of the procedure followed for the Building Site Site Approval (III. A. (SDR-732) 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 Sign Commissioner Kasner briefly explained this application and read the Staff .Report of 11 March 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 Xasner moved, seconded by Commissioner Smith, to adopt, as amended, the Staff Report of 1i F~rch 1968 recon~mending 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 COLrNCIL REPORT Commissioner McFall gave a sumJr~%ry 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 Major General Plan Review. 3. Westbrook Annexation - No action taken relativ'e to this matter 'at this time and the Council delayed any action until after the Prospect Road ~nd .bridgell improvement s. 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- Planuin~ Commission Minutes - ii March 1968 - Continued VI. A. UP-!2I - Continued Commissioner Smith stated that 1) the Subdivision Committee met with the representatives of the church and apparently they do ~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 another reques~ will be forthc~,ing and then the City will already have made some of the improvements required. Cox~issioner Crisp advised that the church requested was much larger than is permitted on that property and the parking was inad.equate. After discussion, Coma~issioner Smith moved, seconded by Co~issione~ ~sner, that the request for extension relative to UP-121 be denied; motion carried unanimous iy. B. UP-124 - Claude T. Lindsay~inc., Cox Road - Request for ExtenSion Commissioner Smith moved~ seconded by Co~issioner Crisp, that P-124 be granted an extension of one (1) year from the present date of expiration; motion carried unanimously. C. C-104 -'Roy Kosich, Saratoga Avenue and Radoyka Drive - Request for Change of Zonin~ Commissioner Smith explained that at the meeting of 28 August 1967 the CoEission voted to accept the General Plan Committee report relative to C-104 which recommended that this matter be continued to Febr~ry, 1968 or until after the Major General Plan Review. He then reco~ended that this matter be re-instated and a new Notice of Hearing published. Chairnmn Norton so directed. The Secretary stated that the S~aff had anticipated that .this mtter would be re-instated and therefore had already published a Notice of Hearing. VII. NEW BUSINESS NONE VIII. COt'E~'L~ICATIONS A. WRITTEN 1. AZULE CROSSING ~,ZRCI~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. ChairF~n 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. Commissioner t~sner stated that strict controls are necessary for mobile home parks. The Secretary explained that he ha0 discussed Oevelopment 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. Planning Commission Minutes - 1! March 1968 - Continued VIII. A. 1. AZULE Con~:tissioner Smith stated that i) 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 Commercial Zoning is more in line with what Saratoga would like for this area. 2. V-313 - I~. 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 Commission. Commissioner Crisp stated that ~. Pasetta was 6ne of the original authors. of the Zoning Ordinance which includes the rules governing the granting and denial of variance applications. Commissioner Johnson stated that ~. 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 acknowl'edged, with pleasure, the presence of Councilman Burry, Y~s. Owen and Adm. Ralph Metcalf of the Good Government Group and M~. Lawrence O. Kitchen, 20884 Sarahills Drive, Saratoga. He, also, thanked Mrs. Owen for the coffee to be served after the meeting is adjourned. IX. ADJOURNMENT The Chairm~n declared the meeting adjourned at 8:59 P.M. Respectfully submitted, Sta%ley M. ~al~er, Secretary' Saratoga Planning Commission j