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HomeMy WebLinkAbout02-09-1970 Planning Commission Minutes CITY OF SA!k'.ATOGA Pi~",~iNiNG COFIb:;!SS!ON ,_'.I!?.qUTF. S TIME: Monday, 9 February !_970, 7:30 PL:~CE: City Council Chambers, Fruitva].e Avenue, Saratoga, California 95070 R'~'~ !ar Meeting TYPE: ~ u~ I. ROUTINE ORGANIZATION ;. The meeting was called to order by Chairman Norton. A. ROLL CALL Present: Commissioners Crisp, Kraus;, Lively, Norton, and Smith. Absent: Coramissioners Bacon and [ij. tcalf. B. MIIqUTES Co:mmissioner Smith moved, seconc'.ed by Cor.,_missior~er Lively, that the reading of the minutes of the 26 January 197.0 meeting be waive~l .ant! they be approved as distributed to the Commission; motion carried unanimously. , :- II. PUBLIC IiF]~RINGS A. AMENDi'.HENT TO SIE~]!)!VIStON ORD!NA~CE NS-5 - Amendment Relating to Site Approval Requirements and Exceptions - Continued frora 26 Janus. rv 1970 Chairman Norton re-openec! the hearing at 7:33 P ~'.~ Chairman Norton ezplained that 1D 'th,? ordinance amendment states 'that if improvements on a structure adcl up to more than 50% building site a~roval will be reouircd 9~ if a series of minor improvements um]er 50% are made it would not be necessary to obtain bui!dir~g site approval and 3) the Planning Cozmnissicn is concerned with the citizen that improves a structure 25% at a tirae; :,thereby, evading t~,o bui]c]~n~ site approvaI' requirements. Th~ Secretary stated that the SubdiVision Committee requests that the period of time (in which these improvement~ are made) be limited to a certain number of years and the City Attornej, suggests that the proposed ordinance be amended as follows: Under Section !. . .paragraph 2. .line 5. .of ~he proposed amendment. ", -,'r-its" between the words p.~_ ,~ .. and "each" insert the following "within a period of five (5) years" Co~umissioner Smith recommended that the proposed ordinance amendment in or~ler to clearly stated when the five (5) year period is to begin should be further amended as follows: .Under Sectsion 1. .paragraph'2. . .line 5. . ,of the: proposed amendment. . after the phrase "within a period of five (5) years" add ':after completion date of first moomlzca~zon No one in th~ audience .ished to comment . , W - · Com:nissioner Smith moved, seconded by commissioner Lively, to close the public hearing at 7:42 P.M.; motion carried unanimously. Commissioner Sraith moved, seconded by Commissionc. r Lively, that the proposed -7 .... ~' ~" of Part Three ordinance amsn-dme'nt to Subsection, (C) of Section 3 =.~ .... p~on~ of Ordinance NS-5 relating to site approval be aclopted, as amended, anti for- x,mrded to the City Council as the recommendation of the Planning Commission; motion carried unanimously. -1'- · . ....... t... 9 F,-~brL:arV ].970 Contir:~_,ed II. B. UP-179 - C. T. Lindsay Company, Arroyo de Argueilo - Request for Use Perknit to Allow a MOdel t!ome 'Sales Office The Chairman opened the hearing at 7:44 P.M. The Secretary stated. the Notices of Hearing x.~ere mailed and briefly review.Ted this file, Mr. George Carter, x,~as present and statec] that 1) his property is contiguous to the location proposed for the m.D~e! hozne sales office 2) traffic is a 'problen~ in this area 3) approxin~te!y one-half of the houses in the subdivision have been sold and 4) he is not partic- ularly concerned about the parking in connectio~:~. x.2ith"the proposed use. Chairman !'~orton, in ans:.::er to an inquiry from ~.k. Garter, stated that Use Permits are usually grantcd for a period of one year and can be extended x.2ithout publishing any type of notice provided that no seri. ous complaints were received by the City during that time. Com:nissioner C~-isn stat?d that the applicant x.yi].l be required to post bond and enter into an agree:nc:nt x.~ith the City .to insure elimination o~ the sales office upon expiration of the Use D~rm' ........ · t. 14r. Carter s'ta'ted that the subject mede! home b~s been oRerating as a sales office for quite some time. Commissioner Lively stated that the parking' i~ connection x.Tith this use should be given further consideration. Comr~issioner Smith stated that a more detailed map should be submitted by the applicant in order to determine 1) the s.n~ount'ef parking that x.;ill be available and 'j) the residences in the area that x~ill be affected. He further sug~:eSt~,~f""[~{~{'t a""dt'ddy be' n~ade' t~ determinis' ~'6~lj' long the model sales ffice has been operating ~,:ithout a perre:it. ' Ch -man Norton stated that, he felt, a n~oclel ho~ne and a sales office .e c~.ble and it seen:eel that if one is a!!o~.,ed the otl~e,' should e cons~c~er~,d an aux~.l!~.ary u~e ano some considerate. on should oe g~ven The Secretary stated that, perhaps, UP-179 should be continued to time for further study. Chairman Nob-ton closed 'the h~ar~n~; for the evening- at 7:55 directeel UP-!79 continued to the next regu].ar ~.eeting and referred same to the Subdivision Com~nittee for study. I!I= BUILD!i.~G S!T]ES AI,iD SUBD!ViS!OiqS A. SDR-832 - David L. ~,iendenha!!, Mt. Eden Road - Building Site Approval - 1 Lot - Contin:.~ed. fron~ 26 january !970 Con~n~issioner Smith stated tlnat the location of this building site meets the require~nents of ~-b~ s~o~ density.ordinance The Secretary stated there will be .some grad in.% required for the in connection x.~ith th{s s~"~ but ~t will not be visible to the valley. The applicant ~.~as present an~3 stated 1) Condition ii-D of the Building Site Co~.~ittee Re~ort dated 9 February 1970 requires under~ro,m~ utilities and this ~.~oulc] differ from the other utilities in the a~ea since they are all overhead and 2) there is a 50-foot drop because of the creek ~.~inich x.~ou!d make it very difficult to neet the underground u~ility requirement. -2- .P!arminR Co:r.:mission b~inv..tes 9 Febcuarj{ 1970 - CDntin,.~ed II!. A. SDII-832 - Continued [ Chairman i:brton, after studying the tentative map, stated that 1) the applicant can request reconsideration of Condition !!-.D 2) the Subdivi- sion Conm~ittee will th~n study the matter and make their reco:'~m:en6ation to the Planning Cornmissic, n and 3)~ the Planning Comaission ~.z:[D1 then make a recor:~mendation. to the City: Council.' Commissioner Smith moved, seconded by Co::missicner Kraus', that the ]~uilding Site Com~nittee Report of 9 February 1970 relative to SDR-832 be adopted and that the tentative map (E:<hibit "A-I", filed 22 january 1970) be approved subject to the conditions set forth in said report; motion carried unani- mous ly. IV. DESIGN REV!E!.7 A. A-296 - Franklin Homes, Fourth Street and Springer Avenue - Final Desi~;~n Review7 - Decorative Fenc~ - ~_ Commissioner Kraus explained that the applicant wishes to install a fence around his apartment development and ~,~ill endeavor to enhance the appearance of the subject fence with !andscaping and ground cover. The Secretary explained that the applicant has requested that a fence height of five feet be permitted. Commissioner Kraus stated that the applicant did request, when he mat with the Design. Review Committee, that a si:c foot fence height be allox,yed, but the Conm~ittee recommended in the Staff Report dated 9 February 1970 that the fence height be limited to 'four-and-one-:hal. f feet. Commissioner Lively pointed out that Exhibit "D" shows a six inch opening on the bottom of the fence. The Secretary stated that the. five foot fence may be more desirable for this particular propert.y. Commissioner Kraus stated that Condition a). .of the Staff Report. . could be amended to permit a five foot fence in !ieu of the ,four-and-one- half foot height. Commissioner Kr~us moved~ seconded by Cor2missioner Lively, that the Staff Report dated 9 February 1970 be ad.~o~d as amended and that Final Design Approval be granted for A-296 as shox.a on E:<hibit "D" and subject to the conditions stated in said report; motion carried_ unanimously. B A-339 >.v~n,,~l Costa Quito Road ~7{nal Design Review - l, iquor Store Chairman Norton noted that the Staff R~port dated 9 February ].970 recommends that Final Design Approval be granted for A-339. · Commissioner Crisp stated that the applicant pToposed to construct a new building and the City Attorney has ruled that building site approval will not be necessary.. The Secretary explained that !) the ne~ building will be considered an accessory structure and in accordance with the Subdivision Ordinance' building site approval x.;ii! not .b.? necessary 2) the City Attorney did state that ad~n,,ate Darking,co,,]d b- required under Desi2jn ISleview Anproval 3) the building on this property lies direcr'qv in the oath of the oro- posed free. way and sotne day x.~ill be removcd because of the freeway and 4) the o~.a~er of the subject propert,z desires to make the property n~ore econoaica].ly valuable. -3'- ~ ..... ~ ....Cozv.~:issicu ~,~uutes - 9 Februar%., 1970 - Contint~.ed IV. B. A-339 - Continued Ch~man Norton suJgested that.~ perhaps, the CLty could require a Change of Zonin~ application prior to ~ra. nting permission for any fdrthet~ 'commercial d~-velopmen~: on the subject site and 2) it might b& ~,2ise to 'rec0nsic]e~ (at the text General Plan Re, view) the possibility of permitting such structures in the future. Commissioner Lively stated that 1) be is concerned with the aesthetics of the existing building 2) a nex.~ front has been put on the existing building but when driving up Quite Road the old front with the roof is clearly visible and 3) he would recommend that the applicant be required to provide a pitched roof for 'the addition. Chairman Norton suggested that' some type of screening along the edge of the roof could be required.: Commiss'ioner Kraus recommended. that A-339 be continued to allow the Design Review Committee to con'sider the redosign of the roof line. Chairman b~orton directed A-339, continued to the next regular meeting 'and referred same to the Design Review Committee for further study. C. A--340 - Azule Florist, Saratoga-Sunnyvale Road - Final Design Review .-: - Identification The Secretary advised that the applicant requests that .zt..-340 be with- dral.]R. Com~nissioner Smith moved, seconded by Commissioner Kraus, that the request for withdrax,ral in connection with A-340 be granted; motion carried unanimously. V. CITY COUNCIL REPORT Commissioner Smith gave a summary of items revie~.~ed and action taken at the City Council meeting on 4 February 1970 with emphasis on ~natters of particular interest to the Con~nission. ., VI. OLD BUSINESS · A. SD-839 - Saratoga Foothills Development Corporation, Miljevich Drive - and Saratoga-Sunnyvale Road - Request for Reconsideration Continued =" 26 Ja~,,a~v 1970 Chairman Norton noted the Staff Report dated 9 February 1970 which recommends that the Subdivision Contmittee Report dated 26 January 1970 be modified to de!et~ Condition 20. He then stated that 1) the subject requirement could have been imposed at the time the original map ~;as presented 2) subsequent developers across the road could have been asked to ~iden Saratoga-Sunnyvale Road in this area 3) it is not fair to ask' the present developer to further i~'~.i;.r6ve this road x,;hen they have .: dones' their share 4) it was hoped that the City could obtain seine type of donai:ion fror~ the developer, but in this particular case the entire i~nproven~ent would be a substantial burd?n and '5) the Staff Report dated 9 February 1970 should be amended as follows: Delete last paragraph of said Staff Report dated' 9 ~brua~'v 1970 and insert: "If this n~odification is acce~,tea by the Dlannin. g Cc~mi~s~on i~ is fur~.-~- recommended that this report be forwarded to the City Council as the reco .... tion the Piannin~ Co~r~n~issian" Cou:missioner Sn~ith moved, seconded by Con,.mission.a.'r Kraus~ that the Staff Report dated 9 February 1970 r~!ative to SD-839 ]be adopted, as' amended, and that Condition 20 as stated in the~ Subdivisi.en Co~'mnittee R~.port dated 26 January 1970 in connection with read uidening 'requirements on Saratoga- Sunnyvale Road not be imposed dud ~.:h:~t said .report and reco~mn~endation be forwarded to the City Council as the reco~nendation of the Planning C:on~;nission~ motion carcried unaniruous!y. ?!an~:~ir_,.St_Cor..~mi.~sio~ }:iinutes - 9 Februar~ '1970 - Continued VI. B. SDR-898 - Vincent Figlfomeni~ Glenmerit Drive - Request for Reconsidersiron - Con'[:inued from 26 January 1970 Con'~nissioner Smith atate~ that th=:' S ...... ?.eport dated 9 February 1~7n states the recommendation of thd Subdivision Committee in connection with the subject Mr F~{~l~om~'-~i was present and stated that his engineer, Mr. Beck, feels ':that ' if ' the fifteen foot drivew?.y requtrenent is enforced the ,',~tair'~u{~ x,:,a].! will not hold because of too much cu~ and if!.1. ...Comtaissionar Crisp advised that the City ~n','{neers did lo61.~ into this matter and ~"~1- that if the road is pro~er!y engineered the retaining ......... wall will not come }~. Figlion'~eni stated that he would accept the recommendations sta~ed in the Staff Report dated 9 February 1970. ~ Cornmrs '. net Crisp, that the · me' 'ed, by Com~aission~r Smith , v seconded 's~ o Staf~ Report dated 9 February L970 be adopted and the revised Site Co~r~nitt:ee P, eport dated 9 pe]Sruary 1970 relative to SDX-838 sub- . mitted therewith be approved; motion carried unanimously. C. City Council R. eouest for Considerat:Lea of ,x,~a,-tm.~nts in "C--V'~ (Visitor- .... (,_~ 9Z,.~ Conunerciali Zo2/p-Z D/strict (lie Tlne Secretary stated t:hat 1) "th6 'City Council has referred 'td"'the Planning Goramis'aion a request to consider adding apartm~mts to t?,e "C-V" (Visitor- C mmerc/al) Zonin~ District 2) this request is broug['-. 't:o light connection with a recent Change of Zoning (C-~24) on upper Big Basin Way which involved the Ca!dx.~el! apartments located in the subject area and 3) the City Council is of the opinion that if apartments were added as a Cond/tLenal Use in the "G-V" Zoning District the problem of the legal-non-conforming Goldwell apartments would be resolved. Comn:fssioner Smith stated that 'if apartments are all. o,:.yed in the "C-V'~ Zoning District a lot of area x.~/!! be opened up for apartments that should not be utilized in that x,,ay. . o~.~ended'that, o~rhaps Mrs. Coldwell could be Commissioner Cr/so rec ........ - , granted a variance in connection with her legs].-non-conforming apartments. Chairman Norton stated that apartn~ents do not generate any more traffic than cot;~ercfal establishments; therefore, he does not feel he would be opposed to adding apartments to the "C-V" Zoning District. Commissioner Smith stated that' 1) Mrs. Caldwe!l feels that in tx. Tenty-ffvs year~ (when her ~e-al-non-conforming use expires) the value of her property will change and 2) if apartments were allowed in the "C-V" Zoning Di. stric~ then the Caldwel! apartments would no longer be considered spot zoning. Commissioner }~a. us stated that 1) hc~ would rather not have any new additional sparthreat zoning and 2) he v:o'uld be more in favor of granting Mrs. Caldwe!! a variance as recornm,i, nded by C'ommissioner Crisp. Chairman Norton directed the subject request continued to the next regular meekLug, referre'd the matter t.o the Subdivision Committee and requested that the Com~.nittee explore the request with the .City Attorney prior to submittfn-g a recommendation. VII. NEW BUS!iqESS None -5-. Pla___~nn~n~ Com?ission ~,i.{.nutes - q February 1970 Continued VIII o COi',~'.~:~ICATIONS Request of Ira Kirkorian The Secretary read a comnxunication receivec] from Ira Kirkorian, iBuilder and Developer, requ~esting that car x,xash ~ith incorporated ~aoolin~, faciliti?s be added to the list of conditional uses in the "C-V" (Visitor -Commercia 1) Zonin~Z District .' Chairman Norton requested th.e Secretar; ' ~ 3 to schedule and publish a Notice of Flearing for an ! formal Hearing for the subject request Traffic at Intersection of F'ourth Street and B~, Basin Way The Secretary read a letter received from C. Prentiss Anc]rews e~cplaining the e~-~isting traffic problem on Fourth Street and Big Basin Way. Chairman Norton suggested that a No Parking str~p be put in this area. Commissioner Kraus recordmended that the C~ehouse Sign be moved closer to the Plumed Horse since it does obstruct 'the view of traffic ......... : sense e~ctent in its presen.t location. CommisSioner Smith stated thht it might be helpful if the curb ~ere painted red in this area in order to eliminate the parking of cars,at this particular s~ction of the intersection. The Secretary stated that p~rking is regulated by the City Coucil. Chairman Norton referred the subject letter to the City Council for consideraticn~ '.l'-Com~nunication received from Robert A. Mohrman The Secretary read a letter 'received from Robert A. Mohrman, 19041 Austin Way comp!imenting the Planning C remission on the thorough , O ~.~ay in x.;hich they approach and solve applications and requests presented b.~fore them. B. · ORAL Chairman Norton acknox.~!edged, with pleasure, the presence of Councilman D~.O, er, ~s. Stark of the Good Government Group and Mr. David Burnett an observer and' new resident' of Saratoga }~e, a~so thanked ~lrs Stark for the coffee to be served after the meeting. -. Chairman Norton adjourned the meeting_at 9:16 P.M. Respectfully subtnit~e..~_, ..... Saratoga P'!artning Conz,~ission j