HomeMy WebLinkAbout01-26-1970 Planning Commission Minutes CITY OF S~RATOGA PLANNING COI'DiISSION
MINUTE S
TI~9~: Monday, 26 Januar7 1970 7 30 P.M.
- ~ , :
PLACE: City Council Chambers, Fruitvale .Avenue, Saratoga, California 95070
TYPE: Regular Meeting
I. ROUTI.NE ORGANIZAT!Oi{I
The meeting was called to order by Chairman Norton.
A. '~OEL CALL
Present: Commissioners Crisp, Kraus, Lively, Metcalf, Norton, and Smith.·
Absent: Co~issioner Bacon.
B. MINUTES
Commissioner Smith moved, seconded by Commissioner Kraus, that the reading
of the minutes of the 12 January 1970 meeting be waived and they be approved
as distributed subject to the following change:.
page 7. .paragraph 3. .be changed to read ~s follows:
"Commissioner Smith moved, seconded by Commissioner Crisp,
to recommend to the City Council that the request relative
to Condition II-B as stated in the communication submitted
by the applicant be denied; motion carried unanimously."'
motion carried with Conm~issioner Lively abstaining.
C. ELECTION OF OFFICERS
Chairman Norton opened the nominations for officers for the coming year
and stated that there were three positions that x.yould require nominations
Chairman of the Planning Commission, Vice-Chairman, and Secretary.
Commissioner Crisp nominated Chairman Norton as Chairman of the Planning
Commission for 1970, Commissioner Lively as Vice-Chairman, and Stanley
M. Walker, Planning Director, as Secretary of the Commission. Commissioner
Crisp moved, seconded by Commissioner Kraus, that nominations be closed;
motion carried ~i·th Commissioners Norton and Lively abstaining.
It was moved by Commissioner Crisp,' seconded by Commissioner Smith, that
the Secretary be directed to recor~ a~ unanimous ballot for Chairman Norton
as Chairman of the Commission for 1970; Commissioner Lively as Vice-Chairman
of the Commission; and Stanley M. Walker as Secretary; motion carried with.
Commissioners Norton and Lively abstaining.
Con~missioner Crisp mo~ed, seconded by Com:nissioner Smith, that the Commission
express its appreciation ..for the services performed in the past year by Stanley ....
...... M. 'Walker, Plannin% Director, Gary A. Bonfiglio Assistant Planner and Joan M.
.... L6her, Recording Secretary; motion carried unanimously.
Chairman Norton stated tha~ 1) he had received one request for change in
committee assignment 2) Commissioner Kraus ~ou!d serve as Chairman of the
Variance Con~mittee; thereby, relieving Commissioner Crisp of that position
3) Commissioner Crisp ~.~ill remain !a member of the Variance Committee and
4) if any other committee changes are desired notification should be sub-
mitted prior to the next regular meeting.
-1-
Plannin~ CoMmission Minutes - 26 JanuarX 1970 - Continued
II. PUBLIC HEARINGS
A C-125 - Kate C. ]~-onoer Lomita Avenue - Re<,u~st for Change of Zoning
from "R-1-10,000" (Single-Family Residential) and "R-1-40,000"
(Single-Family Residential) to "R-1-20,000" (Single-Family
Residential) - Continued from 12 January 1970
The hearing relative to C-125 was re-opened at 7:36 P.M. The Secretary
stated that nothing new had been added to the file.
Mrs. Noeggerath, realtor, and the applicant were both present but offered
no further comments.
~o. one else present ~ished to comment.
The Secretary read the Staff Report dated 26 January 1970 recomme~]ing
that the subject request for change of zoning be granted.
Commissioner Smith stated that in paragraph 2. '. . line 3... ~....0f the. staff
Report. .the Exhibits should be changed t0 ~ad' ""A" and "B" instead of "Aii''.
Commissioner Smith moved, seconded by Commissioner Crisp, to close the
hearing at 7:40 P.M.; motion carried unanimously.
Commissioner Smith moved, seconded by Commissioner Crisp, to adopt the
Staff Report dated 26 January 1970. and grant the subject request for
change of zoning and recommend same to the City Council for approval
since the findings necessary under Section 1.1 of the City of Saratoga
ZOning Ordinance NS-3 can be made; motion carried unanimously.
-B., V-342 - Grand Auto Store, Prospect Road - Request for Variance to Allow
Additional Sigj~ Area - Continued from 12 january 1970
Chairman Norton re-opened the hearing at 7:43 P.M. The Secretary stated
nothing ne~,7 had been added to the fil=e.
Mr. Barber, present to r~present the applicant, stated he had no further
comments.
No one else present wished to comment.
The Secretary read the Staff Report dated 26 January 1970 recommending
that the subject request for variance be denied.
Commissioner Smith movec], seconded by Commissioner Lively, to close the
hearing relative to V-342 at 7:46 P.M.; motion carried unanimously.
'Commissioner. Crisp moved, seconded by Commissioner Kraus, to adopt the
Staff Report dated 26 january 1970 ,~ c ~' 'e subject request for
C. AMENDi,~IqT TO SIDeDIVISION ORD!I'I?=NCE NS-5 - Amendment Relating to Site Approval
~,~quirements and Exceptions
The-public hearing x~as opened at 7:47 P.M. The Secretary stated the Notices
of Hearing were published and then briefly reviewed the proposed amendments.
Chairman Norton stated that as he understands the proposed ordinance if
the same homeox,?ner remodels his home on different occasions and the aggregate of
~ll'remodelings exceeds 50% application for buildin.5~ site approval will
be necessary.
-2-
plannin~ Comn~ission Minutes - 26 january 1970 - Continued
Ii, C, Amendment - Continued
Commissioner Smith stated that the Subdivision Committee did review the
proposed ordinance amendment and feel that some space of time should be
specified after which these improvements can take place without requiring
compliance with the proposed ordinance.
Chairman Norton agreed and stated th'at the time specified should be an
extensive period. (appro>:imately ten (10) years). in order to avoid the
po'ssibility of deliberate non-Comp_liance with the ordinance.
The Secretary, in answer to an inquiry from Chairman Norton, stated that
the..pror~osed ordinance would require bui]d~nz site aoproval for any remodelings
.'WhiCh ~gg'regate 50% 6r more; ~.~hich ~ould require payment of storm drain fees and
~'0ad ' impr ovemen t s.
No member of'the audience wished to comment.
Chairman Norton closed the hearing relative to the proposed amendment at
7:55 P,M, for the evening, referred the matter to the Subdivision Committee
and continued same to the next regular meeting.
III, BUILDING SITES AND SUBDIVISIONS
A. SDR-832 - David L. Mendenhall, Mt. 'Eden Road - Building Site Approval -
1 Lot - Continued from 12 January 1970
Con~nissiOner Smith recommended that SDR-832 be continued to the next regular
meeting.
Chairman Norton so directed.
B. SD-839 - Saratoga .Foothills Development Corporation, Miljevich ~ive and
Saratoga-Sunnyvale Road - Subdivision Approval - 33 Lots
~ Mike Splitstone 'Associate En~'ineer' f~om'Ge0r~e"No!t'e 'Engineering Firm,
Was present to represent the applicant.
Chain~n Norton expressed pleasure 'at seeing (after a long absence) Mr.
Splitstone once a familiar figure at the Planning Cozmnission meetings.
.-..'. ~. Splitstone stated that 1) in reference to Condition 6 of the Subdivision
Co~ittee Report dated 26 January 1970 it should be stated that the sidewalks
will be for one side only and 2) the proposed subc]ivision ~.~as approved by
the Planning Commission previously and Condition 8 was not included at that
time.
Chair~n Norton recommended that Condition 6 of the Subdivision Committee
Report dated' 26 January 1970 be changed to read as follows:
"6. Provide pedestrian ~.yalkways along the East side of Saratoga-Sunnyvale
Road (6-foot wid~ A,C,) and a 4-foot P,C. concrete sidewalk on one
side along G].asgow and Miljevich as approved by Director of Public Works."
The Secretary stated that Condition 21 of the Subdivision Committee Report
ties in with Conc]ition 8.
Chairman Norton explained that once the park mainten~.nce district is formed
the maintenance agreement requirement ~.~ould be satisfied,
~, Turgeon, Vice-President of the Saratoga Foothills Development Corporation,.
was present and stated that, perhaps, the requirements stated in Conditions 8
and 21 could be included in the deed restrictions.
Chairman Norton suggested t?.~.. the idea of such an amendment to the deed restric-
tions should be discussed x.~ith an attorney and 2) a formal maintenance district
similar to a lighting district may even be a consial'oration and 3) Conditions 8
and 21 be amended as follox~s:
-3-
Planning Commission Minutes - 26 January 1970 - Continued
IIf. SD-839 - Continued
Condition 8 shall read as follows:
"8. landscape area between fence and highway and provide maintenance for
a period of five (5) years or Until a permanent maintenance district
is formed as stated in Condition 21 of this report."
Condition 21. .line 2. .add the word "permanent" between the words
"" and . and
a "maintenance". add the following sentence to Condition 21.
" ' ' of
Format~.on such district shall satisfy Condition 8."
Mr. Splitstone further stated that 1) in reference to Condition 11 of the
subject Subdivision Committee Report dated 26 January 1970 the property
now under discussion was included ~.~hen the orioinal map ~.Tas filed for the
first portion of development of the property so that the applicant could be
n~de aware of all improvements that x.7ould be required for the entire property
2) Condi%ion 20 is, also, o'fr concem to the applicant since he has already
put in a considerable amount of road improvements in .co,nnection with this
subdivision and 3) all road improvements should have been stipulated at time
of original approval since the entire plan was available to the City at that time.
The Secretary, in ans~.~er to an inquiry from Chairman N~rton, stated that 1) the
area in question is a confusing crossZsection of road 2) now that this map
comes up again it is felt that the high~.~ay necessitates that all improvements
take.place on the East side (appticant's side) and 3) if the applicant is not
required to provide the additional four-lanes the City of State Highway Depart-
ment will have to assume the responsibility to provide same.
Mr. Splitstone, in ans~er to an inquiry from Chairman~"Norton, stated that
1) the road improvements would require a considerable amount of grading in
addition to the paving and 2) the cost would be estink~ted at approximately
$10,000.
The Secretary, in ansx-;er to an inquiry from Chairman Norton, stated that if
the City developed a park in this area then the road improvements ~.~ould be
the y s responsibility.
Cit '
Commissioner Crisp recommended'that the Subdivision Coma~ittee Report dated
26 January 1970 be approved and the applicant submit a ~'itten statement
requesting reconsideration of the conditions in question.
Mr. Turgeon.stated that 'he did not object to providipg his fair share of the
road improvements in this area but did feel that other developers in the vicinity
should be.required to share in these costs and requirements.
The Secretary explained that the C and. I Development Company and the developers
of the Pittman property were not required to provide any road improvements since
the widening was not required on the side on which their development is located.
Commissioner Metcalf stated that Condition 7 does not allow the Design Review
Committee any flexibility in that they could not require landscaping in lieu
of fencing even if it were considered to be aesthetically more desirable.
Chairman Norton stated that if the fencing requirement in Condition 7 is provided
it will screen back yards from public vie~.~, prevent children from running into
the adjacent street and allow.some privacy for residents in the area.
Commissioner Metcalf stated that, he felt, trees or shrubbery ~.~ould be more
appealing and serve the same purpose.
Chairman Norton explained that if a uniform fence is not required and it is
left up to the individual buyer some residences will have shrubbery (~hich will
not grow very fast) and some will have their o~m fences, but different varieties
and the result ~,~ill be a hodge-podge appearance. He, also, stated that landscaping
in front of the fence could be required; thereby, eliminating the corridor like
appearance of a large fenced area.
-4-
~ Planj~ing Comn~.ission Minutes - 2.6 JanTa~.rv~__!_970 Contin,.:ed
III. B. SD-839 - Continued
The Secretary advised that the 6-foot height of the fence g~V~'s ..~he
corridor like illusion and perhaps the fence should be limited to
a 4-foot height. :
Commissioner Smith moved, seconded'by Commissioner Crisp', that' the .Sub-
division Con~mittee Report of 26 january 1970 relative t0' SD-839 be 'adopted,
as amended, and that the tentative.map (Exhibit "A". filed 16 january 1970)
bc, approved subject to the conditions set forth in said report; motion
car~-ied unanimously.
The applicant submitted a letter requesting that the Planning Commission
reconsider Conditions 6, 8, and 21.
Chairman Norton referreel the aforementioned request to the Subdivision
Co;~mittee for further study and directed said request continued to the
next regular meeting.
IV. DESIGN REVIEW
None
V. CITY COb~CIL REPOR'F
Chairman Norton gave a summary of items reviewed and action taken at the City
Council meeting of 21 january 1970 ~,;ith emphasis on matters of particular interest
to the Coma~ission.
PLANNING POLICY COi,~,~ITTEE REPORT
Commissioner Kraus reported on the following items considered at the Planning
Policy Committee meeting of 22 January 1970:
1. A Resolution was adopted calling for a mo~atorium
of one year on Bayland d.e~elopment, pending a
comprehensive study of that area. It was recommended
that all Santa Clara County jurisdictions 'participate
in the cost.
2. It was recommended that a program be initiated for
informing individual cities and the County on the
Housing Element report.
3. The City of Cupertino voted to deny the request to
locate the Westridge Shopping Center. in their City
and took positive action to reaffirm their Master
Plan for the foothills.
4. A Resolution was adopted stating that the Planning
Policy Committee is opposed to the proposed construc-
tion of a marina in Menlo Park.
5. Attention was give to a recommendation from SCCAPO
relative to retaining a consultant to study the
ecology of the Valley and ~hat effect the increasing
population ~,zill have on the ecology.
VI. OLD BUSINESS
SDR-760 - Myra Benson, Boyce Mne - Re~iuest for Extension
Commissioner LiVely moved, seconded by Commissioner Crisp, that the Staff
Report dated 26 January 1970. be adopted and SDR-760 be granted a' one year
'e'Xten~ion subject to payment '0{"[he'Park and 'Recreation Fee; motion carried
unanimous !y. "
-5-
Planning Con~.n~.ission Minutes - 26.7~nuary ].970 - Continued
VIi. NEW BUSII'~rESS :
A. SJR-838 - Vincent Figliomeni~ Gienmont Drive - Request for Reconsideration
The Secretary stated that ~,k'. Figliomeni has submi'tted a statement request-
ing that the Planning Commission reconsider the necessity of the require-
n~ents stated in Condition "C" and "B" of the Building Site Committee Report
dated 12 January 1970.
~h-. Figliomeni ~.;,as present and Stated that if he i:s required to provide
a 15-foot drivex.~ay he would request the City to sign a document accepting
t=esponsibility for improve~'~.:nt of the slope easement if the retaining
~.~all should fail because of too much cut which in .~ffect supports the
r oa d way.
Chairman Norton directed the matter continued to ~R~e next regular meeting
and referred same to the Subdivision Committee for study.
B. Geological Survey
Commissioner Metca].f stated that there were two cou~munication in the
Commissioner's folders 1) The first communication dated 15 January 1970
offers an opportunity for the Planning Commission ~to make a visit to the
Menlo Park Geological Survey Division in order to ~]iscuss problems rela-
tive to hillside development in Saratoga; 2) This communication dated
20 January 1970 recommends a list of references ozm the use of .physical
environmental data in Planning and City Ordinances which may be of
interest to the Planning Commission.
Chairman Norton stated, he felt, a meeting, as suggested, wou]_d be very
interesting and he would be available ahnost any af~,ernoon at 4:00 P.M.
Commissioner ~ith stated that such a meeting woul~ be a good idea
especially to discuss the S~.n Andreas fault.
Co~issioner l.letcalf stated that late afternoon ~.~o,~ld be good for him
but he would not be .'avai'labl'~ between 6 February !~970 and 22 February 1970.
Chairman Norton requested the Secretary to contact the representative
of the Geologic Division and arrange for an appoi~'~ment.
C. Nursery Schools
Commissioner Lively stated that sometime ago the Cit)i.. g..o~m_C.i! Submitted
a letter to the Planning Commission regarding ~urs:ery schools in R-1
areas and the Planning Com~nission at that ~ime did not wish to reconsider
permitting this use in an R-1 zone.
Chairman Norton advised that the'memo stated that 'the City Council felt
that.nursery school. applications.were taking up t.~o much of the Commission's
time.
Cot~issioner Lively stated that these application,.s certainly seem to
upset the homeo~.mers in the areas ~.~here nursery s.chools are proposed and
he wondered if the Planning Commission should not: '.~econsider the matter
ahd '.permit this use in some other ar~a.
Chairman Norton stated that the P].~nning Commissisn can add uses to the
ordinance, but canno~ easily remov~ them.
Co~issioner Lively stated that, perhaps, the use "would be. better accepted
in another zoning district.
Commissioner Crisp stated that n0 a:~ea 'is availabide in the commercial
zone and the "P ~"
-. zone would certainly not be a ~ractical location for
a nursery school. '.
Chairman Norton stated that he ~ould be ~.~illing t'~ accept any suggestions
in connection ~.;ith this matter after ~.~hich all the. material could be
assiged to an appropriate committee for study.
-6-
Plapning Commission T..~inutes - 26 January. 1970 - Continued
A o ~ITTEN
Chairman Norton read a letter inviting him to attend a seK~inar
to establish communications betx.~cen school officials and representatives
of the' City. He then stated that he would be unable to attend, but
would be happy to designate someone as an alternate if anyone is
interested.
B. OP~L
Chairman Norton acknowledged, with pleasure, the presence of Councilman
~er, Mrs. Ottenberg of the League of Women Voters, Mrs. Wilberding of
Good Government Group, and Mr. Hal Schaeffer of the Los Gatos Time
Observer.
Respectfully submitted,
Saratoga Planning Commission
j
-7-