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.
.,
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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.
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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.
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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.
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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.
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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
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