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HomeMy WebLinkAbout02-24-1969 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME: Monday, 24 February 1969, 7:30 P.M~ PLACE: City Council Chambers,.Fruitvale Avenue,·Saratoga, California TYPE: ·Regular Meeting ****~-A-A-A-bA-~******** I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioner Bacon, Crisp, Kraus, Lively, Metcalf, Norton, and Smith.. Absent: None B. MINUTES Commissioner Smith moved, seconded by Commissioner Bacon, that the reading of the minutes of the.lO February 1969 meeting be waived and they be approved as distributed to the Commission Subject to the following changes: page 8. . .under VI. B.. .paragraph 1.. .change to read as follows: "Commissioner Smith stated that a report relative to slope-density has .... been placed in the hands of the·City Attorney for final write-up." page'8.. .under VI. B. .paragraph 2.. .delete entire paragraph; motion carried with Commissioner Lively abstaining. II. PUBLIC HEARINGS A. C-121 -·John W. Irwin, Big Basin Way - Reqdest for Change of Zoning from "P-A" (professional-Administrative) and '~-M-3,000" (Multi-Family Residential) to "C-V" (Vi.sitor-Commercial) and "P" (Parking-District)· - Continued from 10 February 1969 Chairman Norton re-opened the public hearing for C-121 at ·7:38 P.M. The Secretary stated nothing new had been added to the file. Com. missioner Smith stated that 1) the Subdivision Committee could not understand why the application included a Change of Zoning for parking area 2) the proposed parking area would serve only a small portion of the pro- posed "C-V". area and 3) the Subdivision Committee decided to recommend that the area designated for parking (now zoned "R-M-3,000") be excluded from the recommendation for approval of the subject Change of Zoning. TP~e Secretary read the Staff Report dated 24 February 1969 recommending that the Change of Zoning proposed by C-121 be approved except for the southerly one-half of the property on the ·south side of Big Basin Way between Sixth Street'and the southerly turn and. extension which is now zoned "R-M-3,000".. Chairman Norton stated that 1) he did not feel that additional parking in the village would be undesirable and 2) this would provide an opportunity to provide parking and in the process eliminate the "R-M" zoning from·this property. Commissioner Crisp stated that· he would like to know who would be responsible for the operation and maintenance. of such a parking lot.' Chairman Norton stated that this would not be the City's concern and the pro- posed parking would still be available and would be ;7~djacen~'to a commer~{ai area as required by Ordinance NS-3. PlanninS Commission Minutes - 24 February 1969 - Continued II. A. C-121 - Continued The Secretary stated that, after.talking to Mr. Dempsey (o~mer of the property) it is his understanding that he is not interested in developing this property for multi-residential use. Commissioner Crisp stated that 1) he Understood from Mr. Dempsey that the proposed "C-V" ~oning would Be developed similarly to the shopping center now located in the village 2) if it is developed as a parking district someone would have to maintain it and a fence would have to be· put around it and 3) at present'the applicant states he will permit everyone to use the proposed parking. Commissioner ~mit.h recommended that the matter.be left in abeyance to allow time for further study. Mr. Irwin, applicant, stated that Mr. Dempsey would like to develop the parking in back of the 150-foot parcel facing Big Basin Way and have the front portion of the property zoned for "C-V" since the back area designated for parking is undesirable for apartments. · Commissioner Smith suggested that both of the parcels be zoned for "C-V". Chairman Norton stated that three alternatives were available: 1) ~fant the zoning as requested 2) re-z6ne both parcels to "C-V" zoning and 3) retain the existing zoning (R-M-3,000) for. the back parcel.· Commissioner Smith recommended that paragraph 3. .line 5, 6, and 7. .of the subject Staff Report relativ~ to C-121 be changed to read as follows: "property on the sough side of Big Basin Way between Sixth Street and the southerly turn and extension of Big Basin Way which:is now zoned "R-M-3,000" should be held in abeyance!for further study." The Secretary stated that he .would recommend that the parking be approved since that is what is ur'gently n~eded in the village.' Chairman Norton, in answer to an inquiry from Mr~ Sam Hernandez (local merchant) stated that the Staff Report recommends that the zoning for the property that fa.ces Big Basin Way be approved and the·recommendation for the back portion be postponed. Commissioner Smith moved, seconded by Commissioner Crisp, that the hearing relative to C-121 be closed at 7:.58 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 24 February 1969 be .adopted, as amended, and the Planning Commission-~mecommend to the City· Council that all the properties included in this application be rezoned from "P-A" to "C-V" with exception of the southerly one-half of the property on the south side of BiglBasin Way between Sixth Street and the southerly turn and extension·'of Big Basin Way which is now zoned "R-M-3,000"; motion carried unanimously. B. DIRECT REALTY SALES, INC. - Infor'mal Hearing - Request that Real Estate Offices be Added as a Permitted or Conditional Use in the "P-A" (Professional-Administrative) Zoning District - Continued from 10 February 1969 Chairman Norton re-opened the diS. cussion relative to this matter. The Secretary stated that a communication had been received from Mr. C. W. Styer, Secretary for the Los Gatos-Saratoga Board of Realtors urging that the Planning Commission grant the subject request. ? Plannin~ission - 24 Februarl ,1969 - II. B. DIRECT REALTY SALESt INC. - Continued Mr. Kolstad, the applicant was present, but offered no further comments. No one else in the audience wishe~ to comment. The Secretary read ~he Staff Report dated' 24 February 1969 recommending that Real Estate Offices be addedZ to the list of Conditional Uses in the "P-A" Zoning District.' Commissioner Metcalf stated that he felt 1) Real Estate Offices did not qualify as professional or administrative uses and '2) architects, a CPA, doctors, lawyers, etc. are uses c~mpatible for "P-A" Zones. 'Chairnmn Norton stated that his o~ly basis for disagreement 'is that Stocks and Bond Brokers, Insurance Brokers, Public Stenographers, and pharmacists are permitted in the "P-A" Zoning District and sOme.of".these uses (and'others).. are located in the Same area and would certainly be compatible with Real Estate Offices. Chairman Norton, in answer to an inquiry from Commissioner Lively, stated that the Real Estate Offices will have~ to abide by the same sign restrictions governing other uses in the "P-A" Zoning DistriCt. Commissioner Smith stated that 1) he would like to point out that the Real Estate people have made efforts to improve standards and this brings them closer to professional standing than some '0ther's'now allowed in the "P-A" ~Zone and 2) the Staff Report recommends. that Real Estate Offices be added as a Conditional Use and this will allow the Planning Commission some pretty strict controls. F~. Sam Hernandez, local merchant, stated that 1) there is a lot more to Real Estate than just selling/2) 7'in th~"last"feW'~ear'~"a'S 'stated Commissioner Smith, the Real Estate business has' Become more profeSsionai.'~"3)""in" the near future it will be necessary to have a'c611ege'degree to work as a realtor and 4) he would very much like to see the Planning Commission tighten up on sign regulations. After discussion, Chairman NoFton~ closed the discussion relative to this matter. Commissioner Smith moved, seconded by Commissioner BacOn, that the Staff Report dated 24 February 1969 be adopted and that Real Estate Offices be added as a Conditional Use in theZ"P-A:' (Professional-Administrative) Zoning District; motion carried w~th Commissioner Metcalf voting no. C. 'V-323 - Paul Masson, Saratoga Avenue - Request for Variance in Connection with Ordinance. 3-E-6~ Section 3 - Continued from 10 February 1969 The hearing relative to V-323 was.re-opened at 8:14 P.M. The Secretary stated that a map was submitted by P G &:E illustrating the overhead facilities to be used. ,.Mr. McKey' of F G & E was present ~nd stated that the lines. would have tO be extended down Afton and across the railroad tracks to a new'pole where the' three (3) wires would turn and parallel7. the railroad tracks overhead to a second pole whence the wire would'then be placed underground and 2) it is very difficult to place utility w~res under the railroad because of special permits required by the Public Utilities Commission. Chairman Norton stated that the yariance Committee will want to. study. this matter.further. Commissioner Crisp stated that 1)~ the Variance Committee did make a field inspection in connection with thi~ application 2) the required report necessary from P G & E has now been submitted and 3) the Variance Committee will make another field inspection Saturday, 1 March 1969 at 9:00 A.M. He further stated that Mr. McKey (P G & E. rep~esentative) is welcome to accompany the Committee on their inspection.. PlanninS Commission Minutes - 24 February 21969 - Continued II. C. V-323 - Continued Chairnmn Norton closed the hearing for the evening at 8:20 P.M., referred V-323 to the Variance Committee for study and directed same continued to the next regular. meeting. D. V-324 - Leon Hgffman, Prospect Ro~d - Request for Variance in Connection with Sign Requirements The public hearing relative to V-324 was opened at 8:22 P.M. The Secretary stated that the Notices of Hearin.g were mailed and'then briefly reviewed this. application. ; The applicant and Mr. Vern Adair ~('partLowner of the Big Tree Shopping Center.). were both present.""'Mr. Adair stated that 1) he urged the Planning Commission to approved this application 2) business is suffering at the Big Tree Shopping Center because of the lack of sighs and some business places have closed and 3) his tenants have tried very hard to conform to the City Sign Ordinance but it is very difficult. No. one else present wished to comment. Commissioner Crisp, on behalf of the Variance Committee, arranged an appoint- ment.with the applicant for an on!-site inspection at 9:30 A.M., Saturday, 1 }~rch 1969. Chairman Norton closed the hea~ing for.the evening at 8:26 P.M., referred- V-324 to the Variance'Committee for study and directed the matter continued to the next regular meeting. E. V-325 - Pacific Telephone and Telegraph, Congress Springs Road - Request for Variance in Connection with Overhead Power Lines and Poles Chairman Norton opened the hearing relative to V-325 at 8:27 P.M. The Secretary stated 1) the Notices of Hearing had been mailed 2) the applicant wishes to place a buried cable on. the hillside of Congress Springs Road from Toll Care Road to Sanborn Road with the exception of three bridge crossing (State of California will not allow bridge attachment). "- Commissioner Crisp recommended that an explanati0n..be obtained from the State High~ay Department as to why theylwill not.permit the bridge attachment. The Secretary stated that the State Highway Department maintains an office in San Jose and he will contact them relative to this matter. Chairman Norton stated he would not be voting on this. issue since he did own some P T. & T Stock. ' ~. NiCk Roden, representative fo[ P T & ~, stated that the normal procedure in matters such as this is to make access under the bridge but. for some unknown reason the State Highway Department is opposed tO'this in this situation. Commissioner Metcalf stated that he felt the matter should be pursued further with. the State Highway Departmenti Commissioner Crisp, on behalf of the Variance Committee, arranged for an on-site inspection'for 10:00 A.M.~ Saturday, 1 March 1969. Chairman Norton closed the hearing at 8:32 P.M. for.the evening, referred V-325 to th'e Variance Cormnittee for study.and directed same continued 'to next regular.meeting. -4- PlanninS Commission Minutes - 24 February ;1969 - Continued II. F. UP-164 - SaratOga Foothills Development Corporation, Verde Vista Lane - Request for Use Permit ~o Allow a MOdel Home Sales Office Chairman Norton opened the hearing relative to UP-164 at 8:34 P.M. The Secretary stated that the Notice~ of Hearing had been mailed and briefly reviewed this application. Mr. Shannon L~ghtfoot, present tO represent the applicant, stated that this would be a regular model home sa~es office and no outside illumination would be used ~ After discussion, Ch·airman NortoH closed the hearing (8:37 P.M.) relative to UP-164 for the evening, referred sam~ to the Subdivision Committee for study and directed the matter continued to the next regular meeting. III. BUIIjDING SITES A~D SUBDIVISIONS Ao SDR-798 -.M.H. Quickert, Quicker!t Road - Building Site Approval - 2 Lots - Continued from 10 February 1969 The applicant was present and stated that he did not feel that Item "C" of the Building Site Committee Report dated 24 February 1~69 should be his sole· responsibility since it was not through any action on his part that the slides occurred. He further stated tha~ the water course has been changed and cut off higher·up on Quickerr Road by legal action of one neighbor against· another. Chairman NortOn explained to the .applicant'that the Building Sit.e Committee Report dated 24 February 1969 can be approved, as is, and reconsideration of Item "C" can be requested at a later date. Mr. Quickert, applicant, indicated that this would be satisfactory. Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committee Report of 24 February 1969 relative to SDR-798 be adopted and that the tentative map (Exhibit '~", filed 15 January 1969) be approved subject to the conditions set forth in said report; motion carried unanimously. B. SDR-801 - Harry·Leonard, Saratoga~LosGatos Road - Building Site Approval - 1 Lot - Continued from 10 February 1969 Commissioner Smith recommended that this matter be continued to allow time for·further study. Chairman Norton 1) recommended· that this property be referred to the General Plan Committee for study and 2) '~tated that if the General Plan would designate some other zoning for this property it would be easier to control. Commissioner Crisp moved, seconded by Commissioner Kraus, that the General Plan Review include consideration of change for the use of the property between Oak Street and Our Lady of Fatima·Villa which is presently zoned "C-C" (Community- Connnercial) ("P-A" (Professional-Administrative) or some other appropriate zoning should be considered); motion carried unanimously. C. SDR-803 - Jerry Jordan~ Michaels Drive - Building Site Approval - 1 Lot The applicant ~s present and stated he had reviewed the·proposed conditions and expressed satisfaction of same. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report dated 24 February 1969 relative to SDR-803 be adopted and that the tentative map (Exhibit "A", filed 11 February 1969) be approved subject to the conditions set forth in.said report; motion carried unanimously. PlanpinS Commfssion Minutes - 24 February 1969 - Continued III. D. SDR-775 - Dr. Michael Kowitz, Pike Road - Building.Site Approval - 1 Lot Mr. Warren Heid, architect present to represent the applicant, stated that Item "G" of the Building Site C~mmittee Report dated 24 February 1969 will only be acceptable.subject to v~rification Of the amounts applicable to the Kowitz property. After discussion, Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committe~ Report of 24 February 1969 relative to SDR-775 be adopted and that the tentati+e map (Exhibit! "A-I", filed 17 February 1969) be approved subject to the conditions set forth in said report; motion carried unanimously. RECESS Ah~ RECONYENE IV. DESIGN REVIEW A. A-307 - Harry Leonard, Saratoga~Los Gatos Road - Preliminary Design Review - Commercial Building -:Continued from 10 February 1969 Commissioner Metcalf recommended that A-307 be continued' since the applicant has not contacted the Design Review Committee to discuss the subject application. Chairman Norton so directed. · B. SS-60 - Saratoga Foothills Development Corporation, Saratoga-Sunnyvale Road and Verde Vista Lane - Final Design Review - Identification Sign Commissioner Metcalf explained ~hat the subject sign is an existing sign which the applicant will relocate. Commissioner Metcalf moved, seconded by Commissioner Lively, that the Staff· Report dated 24 February 1969 be adopted and that Final Design Approval be granted for SS-60 on the basis ~f Exhibits "A" and "B" subject to the condi- tion stated in said report; motion carried unanimously. C. A-266 - City of Saratoga,·Fruitvale Avenue - Final Design Review - Addition to City Hall and Council Chambers The Assistant Planner read the Staff Report dated 24 February 1969 recommending that Final Design Review be granted for A-266. Mr. Heid, architect, in answer t!o an inquiry from Commissioner Kraus~ statedd · that a fenced alcove will be provided for.the compressor units. Commissioner Metcalf moved, seconded by Commissioner Kraus, that the Staff Report dated 24 February 1969 be% adopted and that Final Design Approval be granted'for A-266 on the basis o'f Exhibit "A-3" and subject to the condition stated in said report;.,.motion carried unanimously. V. CITY COUNCIL REPORT· Commissioner Metcalf gave a summary 'of items reviewed and action taken at the City Council ·meeting of 19 February 1969, with emphasis on items of particular interest to the Commission. PARK AN~D RECREATION - STUDY SESSION Chairman Norton gave a summary of the items reviewed' and·action taken at the Park and Recreation Study Session held on 27 January 1969 with special-emphasis on the following items: . ~ 1) An inter~view with a candidate for Park Consultant (the firm of Ekbo-Dean, Austin and Willjams). 2) Not all of the parks indicated by the General Plan will be considered; therefore, some modification will have to be made in the General Plan. PlanninS Commission Minutes - 24 Februar' 1969 - Continued | V. PARK AND RECREATION - STUDY SESSION J CONTINUED Chairman Norton suggested'that the G~neral Plan COmmittee take note of the action of the Park and Recreation Conimission and stated that if Commissioner Lively has no objection he could act .as the Planning Commission liason on this matter.. Chairman Norton then stated that 1) lthere was some language relative to subdivision maps in the Park and Recreation Commission minutes dated 27 january 1969 that was not clear.2) his under!standing was that where the General Plan indicated pathways it would include a2t least two lots; however, a development such as F~. Franklin's would be an exZception because of the acreage involved. Commissioner Smith stated that it was! his understanding that maps of all building sites were forwarded to the Park and'Recreation Commission for their comments. The Secretary stated that every building site and subdivision map is now forwarded to the Park and Recreation Commission~ for their comments. Chairman Norton wondered if the Park and Recreation Commission understood that they would have to submit their comments to meet the time .limit allowed the Planning Commission by the law. Commissioner Smith stated he did not feel that the Planning Commission should' delay action on application to await comments from the Park and Recreation Con~nission. Chairm~n Norton agreed t~at if the co~ents are not timely then the Planning Commission will have to proceed with their recommendation.' Commissioner Smith stated that, he felt, the Planning Commission should proceed on <the~'assumpti~o~z~. that silence means consent. VI. OLD BUSINESS A. ORDINANCE 3-E-6 - Referral of'Emergency Ordinance - Continued from 10 February 196~ Commissioner Smith stated that 1): this matter was discussed'at a joint meeting of the Welfare Committee of the City Council, the City Administrator, l~. Huff,j~the Planning Director, Mr. Walker, and the Subdivision Committee and some changes were proposed 2) i the proposed ordinance has been submitted to the City Attorney for a ~inal d~aft and 3) this matter should be continued to the next regular meeting in ord~er to await receipt of the final draft from the City Attorney. ' Chairman Norton so directed. B. Clarification of Size of Identification Signs for Developments of Multiple- Residential, Motels, and Lodging Houses - Continued from,lO February 1969 Commissioner Metcalf stated that the Design Review Committee met and decided that they wanted a'little more time to study this subject in more detail and hope to have a recommendation by the next regular meeting on 10 March 1969. In view Of the foregoing, Chairman'Norton directed the matter continued to the next regular meeting. -7~ Planning Conm~ission Minutes - 24 February 1969 - Continued VI. C. C-81 - Paul Masson, Inc., Saratoga Avenue - Request for Extension - Continued from 10 February 1969 Commissioner Smith stated that 1),·· the Subdivision Committee met with Mr. Tom Leong, applicant's representative 2) Mr. Leong indicated he did not know when construction on. the pr'opoSed buildings would begin, but the plan has not been abandoned. The Commission read (to themselves) the Staff Report dated 24 February 1969 recommending that a two (2) year! extension be granted in connection with C-81. Con~nissioner Smith moved, seconded by Commissioner Bacon, that the Staff Report of 24 February 1'969 be ad~pted and an extension of two (2) years or until 5 April 1971 be recommended to the City Council for approval; motion carried unanimously. D. City Administrator Request for· CgnSideration of Service Uses in the "C-C" District - Continued from 10 February 1969 Commissioner Smith stated that this matter ~ms discussed by the' Subdivision Committee with the Planning Committee of the City Council and they seemed to be'~reement with the Subdivisio~ Committee recommendation that the additional uses requested by the City Administrator could be added as the circumstances seemed to indicate. The Commissioners read the SUbdiVision Committee Report of 24 February 1969 explaining the recommendation oflthe Committee. Commissioner Smith moved, seconded by Commissioner Bacon, to accept the Subdivision Committee Report dated 24·February· 1969 and that the subject report be forwarded to the City Administrator as the Planning Commission response to his request that other uses such as auto-repair shop and new car sales be added to the list of uses in a "C-C" (Community-CommerCial) Zoning District; motion carried ~nanimousiy. Chairman Norton directed 'the.Secretary to schedule an InformAl·Hearing to add the following uses to the list of Conditional Uses in the "C-C" (Community- Commercial) Zoning District: 1) Plumbing Shops 2) Sheet Meta'l Shops 3) ElectricalZ ContraCtor and Repair Shops E. SDR-767 - M.V.S. Company, Saratoga Avenue - Request for Reconsideration of Conditions - Continued from 10 February 1969 The Planning Commissioners read the Staff Report dated 24 February 1969 recommending denial for the subject request for reconsideration of conditions. CommisSioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 24 February 1969, recommending that the request. for reconsideration of conditions be denie~, be adopted and forwarded to the Cit~ Council as the recommendation of the Planning Commission; motion carried unanimously. F. CITY COUNCIL MEETING - POSTPONED Commissioner Metcalf informed the!Commissioners that the next meeting of the City Council will be held on ThUrAday, 6 M~rch 1969 instead of 5 March '1969, because of a meeting the Councilmen will be attending in Sacramento. -8- · planning commission Minutes - 24 February 1969 ' Continued VII. NEW BUSINESS A. SDR-715 - James F. Hansen, PierCe Road - Request for Extension The Secretary read the Staff Report dated ·24 February 1969 recommending · that the requeSt"for ext'ension Be'granted subject to. the additional condition stated in'Said repor't'. .... ~ Commissioner Crisp moved, seconded by Commissioner Lively,-that the Staff Report dated 24 February 1969 bel adopted and the request for extension be granted subject to the additiona%l requirement of payment of a Park and Recreation Fee as required by Ordinance NS-5; motion carried unanimously. B. FOURTH STREET The Secretary stated that 1) a letter had been submitted by Fx. Miles Rankin, Realtor, (on behalf of his clients who own property on Fourth Street) inquiring if Fourth Street would'be abandoned or developed as a through street in the event of development of the upper portion of the Sanoff property which is zoned for apartments and 2) if Fourth Street is to go through w~o would be expected to pay for the development of the street, side~,alk, etc.? The Secretary further stated that Mr. Rankin requests an early reply because he has people interested in the subject property. Chairman Norton referred the subject request to the General Plan Committee for review and consideration. C. VIVIAN SNYDER - Prospect Road (B~g Tree Shopping Center) - Request for Allow Fortune TellinS The Secretary read a communication received from Vivian Snyder requesting that fortune telling be permittedat the Big Tree Shopping Center on Prospect Road. The Secretary then explained that 1) Mrs. Snyder has been operating a personal counselin~ service at the subject location 2) the Sheriff's Department looked into the matter and decided it was really a fortune telling business 3) Mrs. Snyder has·been issued a business license by the City Clerk's Department and now has· the approval of the Chief of Police subject to obtaining ProPer.·zoning.4) ~he City Code does make provisions for fortune. telling and 5) the Zoning Ordinance does not specifically mention fortune telling as a permitted or conditional use in any zone. The Secretary, in answer to an iffquiry from Commissioner Smith, advised that the City Attorney stated that the: Planning Commissionshould clarify ~nether fortune telling could be allowed in any zone. Chairman Norton directed the subject request continued, referred same to the Subdivision Committee for study ~nd a report. VIII. COMJlINICATIONS A. ~,~ ITT EN None B. ORAL Chairman Norton acknowledged, w~t~ pleasure, the presence of F~. Jack Webster, former Chairman of the Planning Commission, Miss Ramke and Mr. Kitchen of the · Good Government Group, and Mrs. O~tenberg of the League .of Women Voters. He, also, thanked Miss Ramke for the coffee~served at recess. -9- Plannin~ Commission Minutes - 24 February '1969 - Continued IX. ADJOb'R~NT The Chairman declared the meeting adjourned at 10:12 P.M. Respectfully submitted, Stanley M. w~..er, Secretary Saratoga Planning Commission j -10-