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HomeMy WebLinkAbout08-26-1968 Planning Commission Minutes CiTY OF SARATOGA PLANNING COMMISSION MINUTES "... TI~Z: Monday, 26 August 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, Johnson, Kraus, Lively, Metcalf, Norton, and Smith. Absent: None. B. MINUTES Commissioner Smith moved, seconded by Commissioner Metcalf, that the reading of the minutes of the 12 August 1968 meeting be waived and that they be approved as distributed to the Commission subject to the following changes: page 5. .paragraph 5. .and page.7. .last paragraph. .should both be changed to read as follows: "A deed restriction. shall be provided to the City of Saratoga stating that no tree' shoxcn ...... on a tentative map (singly or in'a grove) .... shall be removed without 'the approval of the' · . Planning Director."; "page 7. .paragraph 4. .line 2. .insert 'the word "October" between the words "September" and "therefore"; page 8. .paragraph 5. .line 3. .change "1968" to read "1961"; page 8. .paragraph 6. .line 4. .replace the word "other" with the word "westerly" between the words "the" and "d' 'On"' · rect~ , page 8. .last paragraph. .delete the complete wording designated as. 1); and the following change for the minutes of the 22 July 1968 ~s designated as part of Commissioner Smith's motion: page 5. .paragraph 10. .line 5. .insert "and contingent upon the approval of the Change of Zoning (C-115) by the City Council" between the words "report" and "motion"; motion carrfed unanimously. II. PDnBLIC HE~INGS A. C-i!7 - M.V.S. Company, Cox Avenue and Saratoga Avenue - Request for Change of Zoning from "A" (Agricultural) to "P-A" (Professional- Administrative) - Continued from 12 August 1968 Chair~n Norton reopened the public hearing for C-1i7 at 7:44 P.M. The Secretary stated nothing further had been added to the file. -1- Planning Commission Minutes - 12 August 1968 - Continued II. A. C-!17 - Continued The applicant,Dr.· Abrams, stated I) he understood, generally, the thinking of the Subdivision Comanittee 2) the one condition included \ in the original Change of Zoning (C-43) which required a one year time limit for commencing development caused, in his opinion~ undue hardship by causing him to constantly insure that the time limit did not expire 3) he wondered if it was really going to benefit the City if improvements would be made on the property before they are required or needed 4) the improvements will be made when the City's need for professional services increases and 5) in a few years he may have to come before a new Planning Commission and City Council who do not understand what was intended by the subject requirement." Commissioner Johnson stated that there has been quite a radical change in the City Council and Planning Coma~issioner members of late and it is now more important than ever to have all matters on record. Co~aissioner Smith. stated the Subdivision Co~n~ittee felt some improve- ments should be made to the property so that some progress is made and the property does .not stand idle. The Secretary, in answer to an inquiry from Chairman Norton, stated it is a. policy to have a fixed date for commencing improvements and the applicant may request an 'extension of time. Connnissioner Smith stated that he did not approve of an applicant · filing a Change of Zoning for a piece of property 'and then leaving the property sit for an indefinite period of time with no const~.uction and just wait for the property to grow in value. "'.... The Secretary read the Staff Report dated 26 August 1968 recommending ........ . that the requested,Change of Zoning (C-117) be recommended by the Plan- ning Commission to the Cit. y Council for approval. No one else in the audience wished to comment. At 7:57 P.M., Commissioner Smith moved, seconded by Commissioner Crisp, to close the hearing relative to C-117; motion carried unanimously. Chairman Norton stated that I) everyone who owns acreage is waiting for it to increase in value 2) he would just .as soon see the property stand vacant or with orchards intact 3) the o~,mers of the property · ' ' must still pay taxes even if there is not construction .on the property 4) sometimes it is not economically feasible for the owner of the property to build and 5) he has no objection tO the one year condition to con~nence construction as long as it is treated as it has been in the past with the consideration that the applicant can request an extension. The Secretary, in answer to an inquiry from Chairman Norton, stated that 1) the x,;ording of Condition 1. .second Sentence .... of the Staff Report dated 26 August 1968. .was satisfactory and 2) if necessary the Ci~ty Attorney could be called upon for interpretation. Com~missioner Smith moved, seconded by Commissioner Cr.i_·S.p.,_that the Staff Report dated 26 August 1968, recommending app~0vaf'of C-117 be adopted and that the Subject rezoning be recommended for approval' '·t0"'·the City Council on the basis that the request meets the Objectives of the City of Saratoga Zoning Ordinance NS-3, Section 1.1 and subject to the conditions stated in said Staff Report; motion carried unanimously. -2- Planning Commission Minutes - 26 Aug~ust 1968 - Continued 'II. B. UP-153 - Osterlund EnterpriSes, Shubert Drive - Request for Use Permit ..... .. for Model Home Sales Office The public-hearing was opened.at 8:02 P.M. The Secretary stated the Notices. of Hearing were mailed and then briefly reviewed this file. The applicant was present and stated he had no further comments. No one else present wished to speak. The Secretary read the Staff Report of 26 August 1968 recommending that UP-153 be granted. .......~"'~' Commissioner Crisp moved, seconded by Commissioner Johnson, at 8:06 P.M. to close the public hearing relative to UP-153; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report of 26 August 1968 be adopted~and the Use Permit be granted in accordance with said report and'subject to the conditions stated therein; motion carried unanimously. III. BUILDING SITES AI~ SUBDIVISIONS A. SDR-732 Franklin Homes Company, Fourth Street and Saratoga Creek - BuildinS Site Approval - 1 Lot - Continued from 12 August 1968 Co~issi0ner Smith recommended that SDR-732 be continued to the next .regular meeting. Chairman Norton so directed. B. SD-759 - Pete Rajkovich, Prospect Road - Subidivision Approval - 112 Lots - Continued' from 12 August 1968 Commissioner Smith recommended that SD-759 be continued since it is~ necessary for the applicant to submit a'revised map. Chairman Norton so directed. C. SDR-767 - M.V.S. Company, Saratoga Avenue - Building Site Approval - 1 Lot - Continued from 12 August 1968 Commissioner Smith recommended that SDR-767 be continued to the next regular meeting to await a report from Flood Control. ' .......................... Chairman Norton so directed. D. SD-607 - Douglas Hines, Pierce Road - Subdivision Approval - 5 Lots - Continued from 12 August 1968 ~. Hines was present and stated i) he did not understand Condition 13 of the Subdivision Committee Report dated 26 August 1968 add 2) he had already met the requiremen~ stated in Condition 14 of subjec~ report. Chairman Norton explained that 1) Condition 13 is in accordance with the State Law requiring that anyone subdividing property be required to either ~edicate land or pay a fee to provide for parks and 2) if the Soils investi- gation required in Condition 14 has already been provided it will not be necessary to supply another. The Secretary, in answer to an inquiry from the applicant stated that Condition 15 was necessary since the' parcel of property in question and labeled "not a part" on the map could possibly lead to the creation of an illegal non-conforming~lot. Flannin.% Co.mm'ss ~ ion Minutes 26 A~:~ust ].968 - Continued III. D. SD-607 - Continued Chairm~n Norton stated that at present..there is an acrs~m~n~ between the applicant and his neighbor.: He ~hen....~nquired what wo,~l.d happen if the agree- · ment is voided in some way. After discussion, relative to the intent of Condition 15, it was decided by the Planning Commission that Condition 15 remain as stated in the Subdivision Co~.~nittee Report dated 26 August 1968. The Secretary stated that in Condition 15 of the Subdivision Committe~ relative to SD-607 the wording "not a parcel" should be changed-~o--read ........... "not a part". Chairman Norton, with concurrence of the Planning Commission, directed that the Condition 15 of the Subdivision Committee Report be so amended. Chairman Norton explained, to the applicant, that the Planning Commission could approve the Subdivision Con~mittee Report of 26 August 1968 and the applicant could then submit a letter requesting that the language used in Condition 15 be amended. Commissioner Smith moved, seconded by Commissioner johnson, that the Subdivision Committee Report of 26 August 1968, relative to SD-607, be adopted, as amended, and that the tentative map (Exhibit."A-5"~ filed 16 August 1968) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-77! - Manfred G. Kahl, Allendale Avenue - Building Site Approval - 1 Lot The Secretary,'with concurrence of the Subdivision Committee, recommended· that Condition II-D and Condition I!-H be deleted from the Building Site Committee Report dated 26 August 1968 since these two conditions were not applicable. Chairman Norton so directed. The applicant was present and stated that the conditions 'of approval, as amended, were satisfactory to him. Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committee Report of 26 August 1968, relative to SDR-771, be adop.t~d, as amended, and that the tentative map (Exhibit "A", filed 14 August 1968) be approved subject to the conditions set forth in·said report; motion carried unanimously. F. SDR-772 - Isaac N. Abrams, COx Avenue BuildinS Site Approval·- 2 Lots 'Pr;oposed The applicant was present and expressed satisfaction with the, conditions of approval. Commissioner Smith ~oved, seconded by Commissioner Crisp, that the Building Site Committee Report of 26 August 1968, relative to SDR-772, be adopted and that the tentative map (Exhibit "A", filed 16 August 1968) be approved subject to the conditions set forth in said report and contingent upon the approval of the Change of Zoning (C-117) by the City Council; motion carried unanimously. IV. DESIGN REVIEW A. A-28! - Dr. John Oliver, Saratoga-Sunnyvaie Road - Final Design Review - Commercial Building - Continued from 12 August 1968 Commissioner Lively stated that the Design ReView Commit:tee met with the applicant and the members of the Committee individually reviewed a build- ing with the same ·gold color tones as propose;d' by the mortuary and ~ound them quite satisfactory. Planning Conm~ission Minutes - 26 August 196'8 - Continued IV.' A. A-28i - Continued The members of the Commission read the Staff Report recommending that Final Design Review be granted for A-281. CommisSioner Lively stated that this area will be in the 'C-V Zoning in accordance with the designated zoning for that area unde~ the new V-C Ordinance. Commission Johnson, in answer to an inquiry from Chairman Norton, stated that the applicant may not utilize the building on his property if he cannot provide sufficient parking. Commissioner Lively moved, seconded by Commissioner Metcalf, to approve the Staff Report dated 26 August 1968 and grant Final Design approval for A-281'on the basis of Exhibits "A-4" ~E" and ~F" and subject to the condi- tions stated in said report; motion carried unanimously. B. A-291 - Claude T. Lindsay, inc., Arroyo de Arguetlo and Kreisler Court Final Dcsi$~ Review - Subdivision Homes for Pleasant Ridge Commissioner briefly reviewed the file and stated that 1) the one flat roofed house proposed for this subdivision is not shown on the rendering.~ submitted by the applicant 2) the flat'roofed house will not be located adjacent to.any two story house and 3) the Staff Report, prepared with concurrence of the Design Review Committee, recommends that Final Design Approval be granted for A-291. After discussion, Commissioner Lively moved, seconded by Com~missioner Metcalf, that Final Design Approval be granted for A-291 as shox~ on Exhibits "A", "B", "C", and "D" and in accordance with the Staff Report dated 26 August 1968 and subject to the conditions stated therein; motion carried unanimously. C. A-292 - Ray Hoefler, Big Basin Way - Final Design Review - Identification Sign Commissioner Lively stated that 1) the proposed sign will replace an existing sign and 2) the Staff Report dated 26 August 1968 recommends that A-292 be granted Final Design Approval. After discussion, Commissioner Lively moved, seconded by Commissioner Metcalf, that the Staff Report dated 26 August 1968 be adopted and that Final Design Approval be granted as sho~m on Exhibits "A" and "B" and subject to the conditions stated in said report; motion carried unanimously. D. A-293 - West Valley Jr. College, Allendale and Fruitvale Avenues - Off-Site Directional Signs Commissioner Lively briefly reviewed this file and stated the Design Review Committee ~ade several modifications and a Staff Report has been prepared listing said modifications. Pk-. Arnold, present to represent the applicant, stated that the modified lay-out presented to him looked like one sign was being made to do for two; however he had no objection to the conditions stated in the Staff Report of 26 August 1968. Com_missioner Lively stated the Design Review Committee is concerned with the number of proposed signs in the area. Chairman Norton questioned if one sign on each side of the road would be better than one big sign in the median. Commissioner Metcalf stated he preferred that the signs be approved as set forth in the Staff Report of 26 August 1968 and that if any ~dditiona! signs are needed the applicant can ~e application for them. -5- planning Commission Minutes - 26'Au~ust ].968 - Contin~ed IV. D. A~293 - Continued Chairman Norton stated that, he felt, Condition "B" of the Staff Report should be deleted since in his opinion the signs would be too small if this condition were imposed. Commissioner Lively pointed out that 1) some of the signs would be on City right-of-~,~y property and some on college property; therefore, he would like Condition "B" to stay in the Staff Report of 26 August 1968. Commissioner Kraus agreed that he was in favor of Condition "B" being left in the Staff Report. CommissiOner Lively moved, seconded by Commissioner Kraus, to adopt the Staff Report of 26 August 1968 and to grant Final Design Approval for A-293 for the off-site directionai signs and subject to the conditions stated in said report; motion carried unanimously. The Secretary stated that Mi-. Arnold (applicant's representative) wished to discuss with the Commission the on-sit~ directional signs for the · college site. ~[~. Arnold stated i) there is certain urgency to get approval for these on-site directional Signs since time is growing short 2) this matter was postponed at a previous meeting to allow time for consultation with the City Attorney 3) the Commission did grant temporary approval, but it would be expensive to remove the Signs should the Commission in the end not grant favorable final approval; therefore the college would like a final approval before installing the signs 4) the representatives of \ the college have always tried to cooperate with the requireme·nts of the City and 5) ·some of the smaller signs have already been eliminated. Chairman Norton stated that 1) the Planning Commission was not particularly concerned with the on-site directional signs on the campus but there is nothing in the Zoning Ordinance to cover these type of signs 2) the City Attorney must be consulted to find out how they can legally permit them and 3) the temporary approval is indicative of a favorable permanent approval. RECESS AND RECOi~TENE Commissioner Johnson, due to a previous committment, left during the recess. V. CITY CODICIL REPORT Commissioner Lively gave a brief suremary of items reviewed by the City Council at the meeting of 21 August 1968. One item Of pazticular interest was the appointment of Commissioner Kraus to the' Santa Clara County Planning Policy Committee. VI. OLD BUSINESS A. Zonin~ S~udy of Pierce Roa~] - Foothill Lane Area The Secretary read the General Plan Committee Report dated 26 August 1968 recommending that 1) the area shown by the dashed line on Exhibit "A" be · .·.·.. rezoned to a higher density zoning district and 2) the Pendergraft (C-ill) ...... and the Gouveia (C-113) Change of Zoning proposals be referred to the SubdivisiOn·Committee for specific recommendation on the zoning distriat · ··· most suitable for development of the area. -6- Plannin~ Commission Minutes - 26 A..uSust ].968 - Continued VI. A. Zoning Study - Continued Commissioner Smith stated that the General Plan Committee reviewed this matter and are grateful to the Staff for the exhibits they prepared relative to this request. Commissioner Crisp moved, seconded by Commissioner Smith, that the General Plan Con~ittee Report' dated 26 August 1968 be adopted and forwarded to the City Council as the recommendation of the Planning Commission; motion · carried unanimous ly. Commissioner Smith, in answer to an'inquiry. from Commissioner Lively, stated that the piece of property in this area owned.by Mrs. Wilson was not included in the recommendation made b~ the General Plan Committee since it is not in an area of legal non-conforming lots. If the Wilson property were rezoned to R-1-20,000 it would subsequently result in higher density in the area. Chairman Norton stated that he would be very reluctant to permit a larger scale rezoning in this area. '-.... The Secretary stated that the Wilson property was considered in the study ........ and it was decided that this property could be divided into two sites if }~s. Wilson-would purghase addition square footage from the adjacent property o~a~ers;' therefore, cancelling the need for the rezoning of this property. Commissioner Smith read a report prepared by the Subdivision Committee recommending that the Planning Commission recommend to the ~ity Council that they initiate a Change of Zoning to rezone the area designated as Exhibit "A" to R-!-20,000. ..... Commissioner Crisp moved, seconded by Commissioner Metcalf, to approve the .... .. report of the Subdivision Committee dated 26 August 1968 and to forward both ~.'~ .... the General Plan Committee Report and the Subdivision Committee Report to the City Council and recom~end to the City Council that they authorize re- zoning proceedings for the property sho~m on Exhibit "A" and as indicated on both reports; motion carried unanimously. ." B. ?fee Ordinance The Secretary introduced the proposed Tree Ordinance and stated that the City Attorney is aware of the'subject Tree Ordinance. Chairm~n Norton, after reading the proposed ordinance stated that 1) In Section 1. .of the proposed ordinance .... some reference should be made about Flood Control and Soil Conservation and 2) the Subdivision Ordinance excludes some trees from the requirements of the Tree Ordinance. The Secretary stated that 1) the intention was not to include the trees excluded by the' Subdivision Ordinance and 2) in the case of pruen and apricot trees removal is required. After"discussion, Chairman Norton 1) directed that this matter be referred ~o the City Attorney for a final draft to be considered by the Planning Commission at a later date and 2) thanked the General Plan Committee for their efforts in working out the details of the proposed Tree Ordinance. C. Free-Standing Signs .' The Secretary i) stated that he was unable to prepare a report relative to free-standing signs in time for this meeting 2) recommended that the matter be continued to allow time for consulEatfon with the Design Review Committee and3) advised that a preliminary opinion of the City_At.tDrney"" indicated that free-standing signs' are allowed. Commissioner Metcalf recommended that the free-standing signs be allowed, but'qualified. Planx~ing Commission Minutes - 26 Au~ust 1968 Continued Vi. C. Free-Standing Signs - Continued After discussion, Chairman Norton directed that the matter of free-standing signs be continued until such time as a report and reco~nendation is prepared. D. Neale's Hollow The Secretary stated that the City Council has requested that the Planning Co~nission make a study of Neale~s Hollow relative to parking, additional uses, change of zoning, and other related existing problems. · '-" 'Chairman Norton stated it would be futile to grant ~v~-. Neale additional uses under the present zoning He then referred the matter to the Subdivision'Committee for study and a recommendation. E. Plannin~ Policy Committee Commissioner Kraus gave a brief sumsmary of the items discussed at the last Planning Policy Committee meeting with particular emphasis on a booklet listing "Alternatives for Planning Policy". He further stated that the Planning Cormmission and City Council would receive copies of this booklet and the Policy Committee would like to know the feelings of the City relative to the items listed.. Chairman Norton directed the Staff, upon receipt of said booklet, to review the items listed and report to the members of the Commission to determine if it should be referred to a Committee for recommendation. Chairn~n Norton then suggested that hereafter the report of the Planning Policy Committee follow the City Council Report on the ageride. VII. NEW BUSINESS None VIII. CO!.D'PJN!CATIONS A. Written 1. Wm. S. Carnazza - Letter Relative to Gift of Property to City of Saratoga The Secretary read a communication received from Mr. Wm. S. Carna'Z'Z'O stating that he would make a gift of the property described in file C-112 (Change of Zoning application denied by the Planning Commission on 27 T.~y 1968) to any Planning Commissioner that would permit his child or grandchild to play in the front yard of this property under t~e present conditions. · Chairm~n Norton directed the Secretary to send a reply to ~. Carnazzo telling him that any offer of gifts to the City would have to be handled by the City Council. 2. SDR-677 - George Coley, E1C. amino Grande - Request for Extension. T~e Secretary read a letter received from Mr. and [~s. Jerome Brown requesting a one year extension in connection with SDR-677. The Secretary further stated that after consulting with the City Attorney the Staff will hereafter notify applicants when their application are about to expire. Chairm~n Norton stated that he noticed a tree had been removed from this property and asked the Secretary to look into the nmtter. Commissioner Crisp moved, seconded by Commissioner Smith, that a one ~ear extension ~ from current date of expiration, be granted for SDR-877; motion .carried unanimously -8- .P. lannin~ Commission Minutes 26 Au~ust 1968 - Continued VIII. 'B. ORAL 1. illega ! Signs. i, lr. Sam Hernandez, Big Basin Way~ was present and stated 1) he felt that son~eth~ng should be done about the tremendous amount of illegal signs (such as open-house, house for sale and garage sales) that are showinS up throughout the community,' and on the puOlic parkways 2) the City spent a great d~?z.i of money on' the improvement of Saratoga Avanu~ and now t~e Rea.[tor's use it for display of their real estate signs 3) businessn~en are required to spend a lot of money for signs and are requxred to conform with the Sign Ordinance 4) he felt a program for beautification of the City could be started by removal of some of these illegal signs and 5) if the Planning Con~mission did not have the authority to do something the n'~tter should be referred to the City Council. Chair~n Norton stated that 1) the most obvious thing to do would be to refer this n~tter to the Local Realty Board and to inform them of the City Sign Ordinance and 2) it i~ difficult to keep up with these signs since they are up one day and doom the next. ~k-. Hernandez further stated that i) when these signs are on public property the City should remove them 2) ha was a business- man and he was not permitted no put his signs on walkways or park- ways. Commissioner Smith stated i) he agreed with the comments ~de by ~,[-. Hernandez and 2) he favored strict.er sign controls. After disc=assion, Con~issioner Smith moved, seconded by CoEission~r Crisp, that it be recorded that the Planning Co~nission favored stricter control of signs particularly in regard ~o signs on public Darkways sidewalks and median StriDS and that a letter be sent to the Local' Realty Board telling them of the illegal sign~; motion carried unanimously. ~ 2. GL~STS Chair~n Norton acknowledged, with pleasure, the presence of Counci!~n Sanders, Miss Moss and Fi-. Binkley of the Good Govern- ment Group, ~. Sam Hernandez, ~aratoga business~n, ~-. ~rtin of the Prides Crossing Homeox~ners Association. He, also, thanked Miss Moss for the coffee served at recess. 3. Best Wishes to Chairman iq'or'con Commissioner Smith, on be~.a!f of the P'~annin,-~ Commission, extended ~o Chairn~n Norton besZ wishes for a pleasant and beneficial trip '~o Europe. Respectfully s'~,3mitted ~, Saratoga Di,~E"~nc' Con~nisa= on