HomeMy WebLinkAbout07-28-1969 Planning Commission Minutes· / CITY OF SARATOGA' PLA~qNING COPR~ISSION
MINUTES
TIbZ: Monday, July 28, 1969
PLACE: City Council Chambers, Fruitvale' Avenue, Saratoga, California
TYPE: Regular Meeting
I. ROUTINE ORG~I~TION
The meeting was called to order by Chairman Norton-at 7:35 p.m.
A. ROLL CALL
~esent: CoEissioners Bacon, Crisp, ~aus, Metcalf, Norton and Smith.
Absent :' Comissioner Lively.
B. MI~TES :
Moved by Co~issioner Smith, seconded by CoEissi.ener Metcalf that the
minutes of the meeting of July 14, 1969 be appr~-ed with the following
corrections:
1) IIo A. S~PE DENSI~ ORDIN~CE, Paragraph 3..should read "Chair~n
Norton stated that there are two ~mys in all {cases of looking at
slope density;"
2) Line 3, 2) should read: "to recognize the existence of a natural
building pad, or other exceptional conditions'. ~even though ......... "
3) Paragraph 5 should be deleted in its entirety.',.
4) Paragraph 6 should be deleted in its entirety~
5) Paragraph 7, Line 3 should read: "be r~quired~ .to present his plans
and to provide larger acreage unless he can c~nvince the Staff and
CoEission that the Resolution should not be m.trictly applied.
6) Page 2, B, Paragraph 2, add to last line: "bu.~ continued it to the
next regular meeting.
7) Page 9, VIII. A. C-106 - Paragraph 2, Line 3 should read: "untenable"
rather than unattainable. Paragraph 3 should'~ .read: "The Secretary
stated that a reco~endation for approval of mny extension would be
for~rded to the City Council.
8) ~st page, Paragraph 3, Line 1 should read: "'Conmissioner Crisp stated
that regarding the General Plan ..... "Paragraph 4, Line 1 should
read: "The Secretary stated that if the Plann~ng Co~ission does
nothing within 40 days abou~ a referral ....... ~'.
Mot ion carr led unanimous ly.
C. STaY SESSION
Chairman Norton informed the C~missioners that t'~ere will be a study
. session on Wednesday, July 30, !969 at 7:30 p.m. ~.n the Council Chambers
for consideration of t'm Park COnsultant's Repor~ some of ~ich ~y
change the General Plan. The p~esent General Plum locates a number
of park sites, and the Planning Commission is com~erned with the location
of parks in relation to the General Plan.
II.. PUBLIC H~RI~GS
A. SA~TO~ AVENUE P~N LINE - Including Consideratf,en of Alternatives at
~Paloma, Douglass Lame and Herfinn Avenue
- Continued from July 28, 1969.
Chairman Norton re-opened the hearing at 7:44 p.~..
'The Secretary stated that the ~ratoga Avenue Plain Line is an official
plan line ~ich, ~en and if adopted, would set t:~e future right-of-~,ay
requirements for Saratoga Avenue to Fruitvale, south to Saratoga. The
proposal on this plan is for a right-of-way ~icP~ would allow a four lane,
II. Ao SARATOGA AVENUE PLaN LINE - Continued
mostly undivided road from Fruitvale Avenue to the Village. It does
encompass some major changes in the. road and also affects traffic
movement and retention of trees. There are three main problem areas
at Herriman Avenue, Douglass Lane and La Paloma. The General Plan
Committee has reviewed this plan line and it has been before the
Planning Commission.
There was a short discussion regarding saving the trees on Douglass Lane
and also whether present traffic was heavy enough to warrant four lanes.
The Chairman explained that in view of what wE anticipate in development
of traffic, the Public Works Department does feel we need four lanes plus
adequate parking.
Moved· by Commissioner Smith, seconded by Commissioner Metcalf that the
Public Hearing be closed. The motion carried unanimously and the hearing
was closed at 7:58 p.m.
Moved by Commissioner Smith, seconded by Commissioner Metcalf that the
'Saratoga Pl~·'Line Alternatives as presented by the General Plan Committee
and described in the Staff Report~ ~/. dated 28 July 1969 be approved and
'forwarded to't'~·e· council. Motion passed unanimously.
B~ ACCESSORY STRUCTURES - An Ordinance· Amending Article 3 of Zoning Ordinance
NS-3, Pertaining to Setback Requirements for Accessory
Structures in Rear Yards of Single Family Residential
Zoning Districts - Continued from July 24, 1969.
Chairman Norton re-opened the Hearing at 8:00 p.m.
The Secretary read a communication from Mr. Norman J° Martin· of 1244
Miller Avenue, Saratoga in which he expressed gratification that action
is being taken to bring subject zoning ordinance in conformance with the
purpose of this Ordinance as stated in Section 3.1. His communication
also contained Webster's definition· of a cabana, and he felt that the reason
for setbacks and spacing between structures was on the basis of aesthetics.
Chairman Norton explained that set-back lines are not only for aesthetic
purposes but also for fire protection reas6ns. He felt the proposal could
allow small storage or tool sheds of moderate size.
Mr. J.F. Naugle, Chairman, Architectur·al Control Committee, Prides Crossing
Homeowners and Taxpayers Association also submitted a written communication
to the Planning Commission and presented remarks regarding the matter. This
communication suggested a "Deed· Restriction Compliance" to be on file at
City Offices. This had previously been discussed at the meeting of July
14, 1969 at which time the decision was that the proposed Building Permit
check method would not be possible because of the heavy load it would
consitute for the Building Department staff.
Chairm~n Norton explained that there was a practical problem wherein the
deed restrictions imposed many years ago were technically private arrange-
ments and the City ~oes not enforce such arrangements. There may be a
legal question as to how far the City can stand behind this and Chairman
Norton suggested that the letter be referred for the City Council's
consideration and cDnsultation with the City Attorney. He felt that this
involved more than the Zoning Ordinance and instructed the Secretary to for-
ward this information to the City Council.
Moved by COmmissioner Crisp, seconded by Con~issioner Kraus that the Public
Hearing with regard to Accessory Structures be closed. Motion carried
unanimously and the Public Hearing was closed at 8:22 p.m.
MoVed by Commissioner Smith, that Ordinance N.S.-3 be adopted and forwarded
to Council with the following amendment - first sentence to read: "No
accessory structure, except cabanaS or other structures in connection
with a swimming pool shall be constructed in the rear yard unless there
is provided a minimum rear yard setback of 25 feet and minimum sideyard
PLANNING COI,~4ISSION
JULY 28, 1969
PAGE 3.
setback required for the particular zoning district in which said structure is
located. Seconded by Commissioner Crisp. Motion carried with Chairman Norton
Voting in opposition.
C. UP-168 - Yves G. Casabonne, Saratoga-Sunnyvale Road - Request for Use Permit to Allow a Repair and Service Shop.
Chairman Norton opened the Public Hearing at 8:30 p.m.
The Secretary stated that the Notice of Public Hearing had been mailed. The
applicant proposes a repair shop in the Redwood Empire Building on Saratoga-
Sunnyvale Road, somewhat north of the railroad tracks on the west side of the
Highway. No communications have been filed.
Commissioner Smith stated that there seems to be a problem of paXking availability.
This building had originally been laid odt primarily. as a storage warehouse and
there are now three tentants - a real estate agent, a dog beauty shop and a rental
equipment firm in the front and there is also a shop in the back for sheet metal
work. There are two vacant areas, one of which Mr. Casabonne is interested in
renting. There is no available parking on either side or at the rear.
The Chairman pointed out that parking must meet current parking standards.
Mr. Walker suggested that Mr. Casabonne resolve this with Mr. Carflea. The
building is about 9,000 square feet and if it was all put to service type
use it would necessitate parking which is not available. Redwood Empire was
a building type which.required less parking.
Mr. Casabonne explained that he will sell and repair mini-bikes along with the
repair and service of appliances.
The hearing closed at 8:38 p.m. and will be continued to the next regular meeting.
Chairman referred the matter to the Subdivision Committee for a report.
D. UP-169 - George W. Day, Farwell Avenu'e and E1 Puente Way - Request for Use Permit to Allow a Model Home Sales Office.
Mr. Walker stated that the' Notice of Public Hearing had 'been mailed. Several
members of the audience participated in this discussion. Two ~Eitten communications
were received expressing strong oppositioh to a sales office on Farwell Avenue
f rom:
1) Jan Roller, 14765 Live Oak Lane, Saratoga; and
2) Mr. & Mrs. Marvin L. Buehler, 14855 Farwell Avenue, Saratoga.
Chairman Norton noted that the dust problem had been brought up at the last meeting
and Mr. Walker stated that the contractor had been contacted and they were willing
to cooperate in attempting to keep the dust down.
A petition, signed by residents in the surrounding area requesting that subject
'appeals for variances be denied, was submitted to the Planning Commission. .A copy
is currently on file at the City Offices~.
The fact that George Day does have a sales office on Saratoga-Los Gatos Road
(approximately two minutes driving time from Farwell Avenue) ~s brought up by
Ted Shebs of 19520 Farwell Avenue, Saratoga. He therefore opposed the use permit.
The Secretary quoted a letter from George Wo Day offering to cooperate with the
City in any way possible and the Chairman' explained that there is a time limit
of one year and that a use permit can be granted for a shorter period if in order.
He pointed out that once all the homes were sold the use permit would no longer
be required.
The Chairman closed the Public Hearing at' 9:00 p.m. and the matter was referred
to the Subdivision Committee and continued to the next regular meeting.
PLANNING CO~4ISSION MINUTES
JULY 28, 1969
PAGE 4.
E. UP-170 - Saratoga Tennis Club, Komina Avenue - Request for Use Permit to Allow
Expansion of Tennis Club.
Chairman op~ned the Public Hearing a~ 9:01 p.m.
Secretary stated that the Notice of Public Hearing had been mailed and the
applicant was asking for a use permit to allow expansion of Saratoga Tennis
Club which involves construction of three new tennis courts to the rear of
the existing ones on the school side 2of the property.
The following residents expressed their opposition to this request:
1. Mrs. Erie Geoffroy, 20454 Komina Avenue, Saratoga.
2. Richard P. Nielson, 20588 Komina .Avenue, Saratoga.
F.J. Mute, 20589 Komina Avenue (adjacent to the Club).
4. Roy S. Cameron, 20560 Komina Avenue (across the street from the Club).
5. Charlotte Thompson, 20574 Komina .Avenue.
The main concern expressed by the above residents was the parking problem.
The noise in the early morning hours .on week-ends and the question of lighting
was also discussed.
#
Dr. Keith Foster, Chairman of the Expansion Committee for the Saratoga
Tennis Club was present at the Hearing to express the plan~ of the Club.
He stated that the Club was asking f6r a use permit to build three courts on
the land which the Club owns at the b2ack of the present facilities. The land
is surrounded by the Saratoga City Sc.hool playing fields. Right now it is a
brush field and the Club feels this will improve and upgrade the neighborhood
rather than detract from it.
The Chairnun pointed out that the Cit~ would impose parking requirements to
meet the expansion. He wondered abou.t the possibility regarding a long term
lease with the School District for thie use of their parking facilities and
Dr. Foster assured the Commission tha.t they have approached the Saratoga
School District and do have permission to use these facilities. He also
stated that there will be no increase' in the present membership of 63 and no
night lighting is under consideration!.
Responding to a question from Commissioner Metcalf, Dr. Foster stated that the
Club did not intend to move the Club House.
Dave Irshin, President,·Saratoga Term'is Club and Richard Harkness were also
present at this meeting. Garth Dickens· presented a diagram of the proposed
courts showing the parking in relation to the school property. The Club
proposes to have its members pass a resolution in order to draw up a lease'
with the School District in connectlob with the parking arrangements.
The Public Hearing was closed for thez evening at 9:30 p.m. The Chairnmn referred
UP-170 to the Subdivision Committee and continued the hearing to the next
regular meeting.
F. V-332 - George W. Day, Farwell Avenue - Request for Variance in Connection
with Underground Electrical Facilities - Continued from July 14, 1969.
Chairman Norton opened the Public Hea~ing-at'9:31 p.m.
}~. Cummings read the second half of the petition submitted by several
residents of Farwell Avenue which oppgsed granting of any variance with regard'
to the m~tter of underground wiring.
The Chairnun pointed out that this Ordinance had not been in effect two years
ago when the initial map had been approved. However, it had been passed by
the time the final nmp came up for approval.
Commissioner Crisp read a report of the Variance Committee dated July 28, 1969
in which the Committee considers that the requirements of Ordinance N.S. 3.20
PIANNING CO~fl4ISSION MINUTES
JULY 28, 1969
PAGE
F. V-332 - Continued :
should be met. The Committee is also of the opinion that all costs of
placing the lines underground should be borne by the developer and the
P.G. and E. Company.
Chairman Norton questioned the legal implications with regard to Paragraph 6
which states that costs should be borne by the developer and P.G. & E. He
also suggested a minor modification in the 3rd line of the 5th paragraph
to read: "the Committee and the Planning Director cannot make the findings
...... ". The second line of Paragraph 3 should be changed from representation
to representative. "
A representative from the George Day Company was presented with a copy of
this report and Chairman Norton suggested that the legal status be discussed
with their o~m attorney.
Moved by Commissioner Smith, seconded by Commissioner Kraus that the Public ........
Hearing be closed. 'Motion carried unanimously'.' Hearing 'closed at 9~'B1..p.~m ........
Moved by Commissioner Crisp, that' the report of the Variance Committee dated'
July 29, 1969 in the case of V.332 be ap_pr_o_ved, subject to two prior corrections
and that the variance accordingly b nie . Seconded by Commissioner aus.
Motion carried unanimously.
G. V.333 - David W. Moss, 'Old Oak Way - Request for Variance in Connection with
Front Yard Setback Requirements - Continued from July 14, 1969.
Commissioner Norton opened the Public Hearing at 9:54 p.m.
Secretary reported no communications on file on this matter. The report
of the Variance Committee was read by }~r. Kraus.
Moved by Mr. Smith, seconded by Mr. Kraus that the Public Hearing on V.333 be
closed. Motion carried unanimously. Hearing was closed at 9:57 p.m.
Moved by Commissioner Kraus, that the requested variance be a~ro~v.e~ (V.333)
· as outlined in Staff Report dated July 20, 1969. Seconded by Commissioner
Smith. Motion carried unanimously.
III. BUILDING SITES AND SUBDIVISIONS
A. SDR-820 - John B. Walsh, Herriman'Avenue - Building Site Approval -
1 Lot - Continued from 14 july, 1969.
The Secretary referred to a Staff Report dated July 28, 1969. The staff
recommendation, with the concurrence of the Subdivision Committee is that SDR-
820 be disapproved on the basis that the site in its present form is inacceptable
as a building site. This deals primarily with the access to the lot, plus the
problem of retaining walls.
Mr. Riley, a Civil Engineer, attendadZ the hearing on behalf of [~. Walsh.
He stated that they had submitted two maps and have made the changes requested,
as far as providing cross sections, etc. They understood this was in accordance
'with what the Ordinance required. During the on-site meeting with two members
of the Staff and Committee, site clearance at the entrance was the only problem
at the time, and this can very easily! be taken care of. [[r. Riley stated that
he had expected to receive a list of conditions. There are two vertical
accesses - one alongside the present property further up the hill. This would
be almost impossible to do physically', The other possibility is a bridge across
the creek to Saratoga Avenue leading directly into the site. This would be
rather expensive because the span of the existing creek is quite wide. The
existing slopes are vertical.
Moved by Mr. Smith that the Staff RepOrt dated 29 July,~_19.6.9 SDR 820, Tentative
'~p A.1 be accepted and the site approval request be~ Seconded by
Commissioner Crisp. Motion carried unanimously.
JULY 28, 1969
~..
PAGE 6.
B. SDR-823 - B.T. Galeb, DeSanka Avenue .- Building Site Approval - 1 Lot -
Continued from 14 July 19691.
The Secretary referred to Building Sit]e Committee Report dated 28 July 1969
which recommends approval of the tentative map for SDR-823 subject to the
following conditions: submission of a: Record of Survey or Parce]. },-~p;payment
of storm drainage fee and park and recreation fee, as established by Ordinance
in effect at tile tirm of tentative approval; submission of engineered improve-
ment plans for any street work; and compliance with applicable Health Department
Regulations and applicable Flood Contr2ol Regular'ions and requirements of the
Fire Department. A list of Specific Conditions is also included as Item II in
subject report..
Moved by Commissioner Smith that Staff Report dated 28 July 1969 re SDR 8.23
be accepted and that the tentative map filed July 18, 1969 be-approved subject
to conditions set forth in the report. Seconded by Commissioner Crisp.
Motion carried unanimously.
IV. DESIGN REVIEW
A. A.310 - B.T. ~leb - Saratoga-SunnFale Road - Saratoga-Sunnyvale Road - Final
Design Review - Commercial Building.
The Assistant Planner read the, Staff report dated July 28, 1969 which stated
that the Design Review Committee and the Staff have reviewed the plans and
given careful consideration to the ma~'ter. It' is their recommendation, wit~
concurrence of the Design Review Committee, that Final Design Approval be
granted as sho~m on Exhibits A-l, B, ~, D and E and assorted exterior materials
submitted by the applicant be subject :to certain conditions as outlined in the
report ~ "
Moved by Commissioner Metcalf, seconded by Co~issioner Bacon that the Staff
Report dated 28 July 1969 be adopted; ~that final design approval be granted
subject to the conditions stated in said report. Motion carried unanimously.
B. A.322 - Montalvo Association (Villa Mqntalvo), Saratoga-Los Gatos Road and Montalvo
Road - Final Design Review - Off-Site Directional Sign.
The applicant proposes the installation of an off-site public interest sign at
the Saratoga-Los Gatos Road and Montatvo Road intersection in order to direct
people to' its cultural center and arboretum at the end of Montalvo Road~ Said
sign will be a double face, 10 ~uare foot, free standing sign, with x~ite
letters and green background, compati~'le with State of California Division of
High~ys signs.
Moved by Co~issioner Metcalf, seconded by Commissioner Kraus for adoption
of Staff Report dated 28 July 1969 in Case of A.322 with concurrence of the
Design Review Committee that Final Design Approval be granted as sho~m on
Exhibits A, B and C. Motion carried unanimously.
V. CITY CO~QCIL REPORT
Commissioner Crisp gave a summary of items reviewed and action taken at the City
Council Meeting of July 16, 1969, with emphasis on matters. of particular interest
to the Co~ission.
VI. P~NNING POLICY CO~.~ITTEE REPORT '
None.
VII. OLD BUSINESS
A. S~rato~a street Li~t~ng Standards
Secretary reported that the .City Council had asked the Planning Commission to
review street lighting standards, taking into consideration functional require-
ments and aesthetic goals for Saratoga and the Planning .Commission had referred
this to the Design Review Committee. The Staff Report is the result of this
review.
PLANNING COMbIISSION MINUTES
JULY 28, 1969
PAGE 7.
VII. A. SaratoSa Street Lighting Standard.~.- Continued
Staff Reported dated 28 July 1969 recommends, with the concurrence of
the Design Review Committee, that the City should follow the same rural
atmosphere policy as before by keeping the installation of street lights
at a minimum on major thoroughfares. The staff and Committee feel no
more light standards should be installed along Saratoga Avenue unless
it becomes absolutely necessary for traffic safety.
Moved 'by Commissioner Metcalf~ seconded by Commissioner Kraus that
Staff Report dated 28 July 1969, entitled "Saratoga Avenue Street
Lighting Standards" be adopted and forwarded to the City Council.r
Motion carried unanimously.
#
B. Park Land Donation Related to Planned Communities
Chairman Norton.referred to a'letter from ~s. Katherine Duffy suggesting
that some arrangement be made'with the landowners south of Fruitvale
School to encourage the donation of land for park purposes.
This matter has been referred to the City Attorney and as soon as a
recommendation is received the Subdivision Committee will bring it
before the Planning Commission.
C. UP-143.- Pacific Shore Properties - Via Roncole. Request for Six Months
Extension for Model Homes Sales Office Located at 12050 Via Roncole.
The applicant requests a six month extension for a model home sales office
at 12050 Via Roncole.
After careful review of this matter, the staff recommendation, dated
28 July 19.69, with concurrence of the Subdivision Conmittee, is that
the subject requeSt.be granted, subject to original conditions of the
Use Permit (UP-143). If. granted, the new extension date would be
22 January 1970.
Moved by Commissioner Smith, seconded by Commissioner Crisp that
the Staff Report dated 28 July 1969 with regard to UP 143 be
approved. Motion carried unanimously. ...
D. Architectural Advisory C~mmittee
The Planning Director has written a draft as to the functions of such
a Committee. The Report has been referred to the Design Review
Committee and they will 'take {t up at the next meeting.
VIII. NEW BUSINESS
A. Flood Control District - Wildcat Creek
After discussion of the letter from Don Curlin of Flood Control
concerning improvement plans for various creeks in Saratoga,
Chairman Norton referred the matter to the General Plan Co~mmittee
and staff to determine more specifically Flood Control Programs.
Furthermore, the Committee will recommend a policy for the City
to adopt'concerning these creeks.
IX ~'~! ~ CO~SMUNICAT IONS
A. Written
A letter from Mrs. Duffy was read commenting on tree removal at the
Franklin site on Fourth Street in violation of the Tree Ordinance.
In answer to the Cormnission's inquiries,'the Planning Director stated
it was true trees were removed on Franklin's property but nearly all
these were previously approved-to be eliminated on the tentative map.
He further stated said approval was made long before the Tree Ordinance
PLANNING CO~DIISSION MINUTES
JULY 28, 1969
PAGE 8.
IX. COMMUNICAT IONS
A. Written - Continued
had been adopted. There were some sycamore removed from a clf~ster
of trees that had not been approved for cutting, but it was found
these interefered with the buildings. In any event, the great majority
of trees in this cluster were preserved..
B. Oral
Referring to a communication from Prides Crossing Homeo~,~.~er's
Associalion (refer to Item II. B) Chairman Norton felt that the
City should not delegate responsibility to private homeowners
associations, such as had been requested by Mr. 'Naugle.
X. ADJOURNMENT
Chairman Norton gratefully acknowledge the presence of Mr. Dwyer of 'the
City Council; b~rs. Parker and Frank Yore of the Good Government Group
and Mrs. Ottenberg of the League 6f Women Voters.
There being no further business to discuss, the meeting adjourned at 11:00 p.m.
Respectfully submitted,
Stanley M. Walker, Secretary
SaratOga Planning Commission
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