Loading...
HomeMy WebLinkAbout02-24-1970 Planning Commission Minutes CiTY OF SARATOGA PLANNI1.'fG COi. R.iiSSION MIiqUTES T!~,;E: Tnesday, 24 Febru.:,.ry 1970, 7:30 P.l.i; PLJ~CE: City Council Chambers, i,'ruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTII.]E OR~'.~NIZATION The meeting ~-~as called to order by Chairman Norton. A. ROLL CALL : '~re~sent: Commissioners Crisp, Kraals, Lively, Metcalf, ..Norton, and Smith. Absent: Commissio.~er Bacon. B. M I j~i U T E S Commissioner Smith moved, seconded ~by Commissioner Lively, that the reading of the minutes of tb.e 9 February 19.70 meeting be ~.~aived and they be approved as distributed subject to the follo~?ing changes: page 2. .paragraph 8. .delete paragraph and instead insert the following: "Chairman Norton said that it seethed to him that a model home and a sales office were inseparable and that, eerhaps, the Zoning OrdEr.:~L::' i.:.hould be amended to. require the same permit for both." page 4. . .paragraph 1. .delete. paragraph and instead insert the following: "Chairman Norton suggested that, perhaps, the City should initiate a Change of Zo~,in~, on this property .to make it consistent with the General Plan. He said this would prevent ~ny further coinmercia~ develo men and ~ p asked that his suggestion be added to the file for the next General Plan. Review. "; motion Carried x.~ith Conr~j. ssioner Metcalf abstaining. C I.~ETiD.iG a ~ra~'~= 1970 Chairman Norton reminded the Planning Commission of the meeting relative to hills{de develoon,,'=nt and geo!ogi9 problems in Saratoga s~h~,~u~ed for 4 !.karch 1970 4:00 ~ l-r at the Geological Survey Division in ~i~nlo ~ark. He encouraged all Con~nis's'i0ner~ to attend iE they are abie""to' do so since' ' ' it will be an informative program and shoul8 be of interest to all; D. '!TEb~ V!io B~ CF AGEI'iDA Chairman ~jorton stated that the app!ic~.nt will not make a presentation at this meetin~ ant! ~.h~ request ~,=i!] be s~b~d,,]~.~ . o - ............... ~or inform. at Public l-learing; hox,;:ever, if anyone Wishes to co~i~nt o2 this ~n~er they ~:,~ ~o so u~r Or8] Co~i~lunic8- tion. if. PUBLIC HF;~R!i,;CS A. C-106 - Roger ~.7. Ross S-~stoc= Hills P. oad - Rec::est for CBano-.~ of %onin~ from "'~ ~-40,~'~'~ (S~n~le-P~{lv ~sidentia~ "'t- not be oo~n~,d at this ~{m= 2) due ~o a~ errc,~" on ~he o,~rt oF ~he F!anain,:r Daoart~eD~ ~' ~ ~ - ....... of Hear .... x.;as 1 ....al inad '-e theref{~ the Conznission ~d.!l not be able to Ca!<.e any action in connection with subject a=~o]{,~a~'ro~ at this tine-~ D;otice inq .... u 3) ~= of Hear will be re- published for public hea'rin.E on 23 id~.rch 1970 and the applicant shou!j save his presentation until that time. -!'- ' pia~l.~_~_in:.:j. Co~,..-...mission Minutes - 24 Fc~brunrV 19.70 -- Continue.d II B UP-179 Co T Lind say Co:npar.~y, j. rr'oyo de A:'gue].lo - Reclu~st for Use Pern~it to Allow a i.lc, del Home Sales Office - COntinued from 9 FebruarI 1970 Commissioner Smith stated that 1) 'there ~.~ere pictures in the file showing that the model home sales o, ffice 'was already in existence with activities of a sales office already under ~,zay.and 2) he ~ould recommend tb.a~ the request be continued until such tinge as the a~ li- cant conforms with the' e~zisting ordinance. Chairman Norton stated that the pictures in,~icate that the 'applicant is involved in som? sort of illegal operation b7 opening the sales office prior to oh~'a~n~z,,~ a:~-o-val from the Planning Con~ission. ...... o 'L ·-.' ' Commissioner Smith stated that he did visit the site today and the illegal signs are still posted.- Commissioner Crisp recentmended that, if the signs are not taken do:..~n in a x,~eek the Planning Director be :allox,zed to remove them. Chairn~nn Norton recomxnended that the Planning Director take under consideration removal of the subject sign should it become necessary to do so in the future. No one ~,zas present to represent the applicant. Chairraan Norton, in vie~.? of the evidence presented. l) did not open the public hearing relative to UP-179 2) directed that UP-t79 be con- tinued to the next regular meeting .and 3) instructed the Secretary to notify the applican~ that all violations n~ust be abatc. d by .the next regu].ar meeting or UP-!79 ~.Till not be given further consideration by the Planning Con~'aission. C. UP-180 - Pacific Shore Properties, Glen Brae Drive - Request for Use Permit to A1].ox.y a Model Home Sales Office Chairman Norton opened the hearing at 7:42 P.M. The Sect' ".-' .' :~tated that the Notices of Hearing were mailed:and no co'czfnunications ~.~dre r.:,ceived. There ~,:as no one present to represent the applicant. The Secretary explained that this Use Permit application complies with all the policy requirements for model home sales offices except that there are only fifteen lots left in the subdivision rather than the twenty lots that are usually required for a model home sales-office. No one in the audience ~.7ished to comment. Chairman Norton closed the hearing for the evening at 7:49 P.M., directed UP-180 continued to the next regular meeting and referred dame to the Sub- division Con~nittee for study. ~ .: D. Ii,[FORi, t~L HEAR!~iG - Request to Add Car Wash ~,Tith Incorporated Gasoline Facilities to the List of Conditional Uses in the 'j~'~" (Visitor-Cozr,.~nercial) Zonin;~. District Chairman Norton opened the discussion fo~ the informal hearing. The Secretary statc, d that the Notice of Hearing was published and brief!} reviewed the subjocf re~,,ast ~e further stated that l,~ Kirkorian (origin.ztor of the subject request) did submit a l~.y-out of the car wash' he pro~os:-~d for the ~;orth least corner of garatoga-Sunnyva!e Road and Kirkmo~t ~ive. , Chairman Norton stated it would be confusing to begin discussio~.~ of specific plans and location for a car ~-y~sh :~.j'~en the request at this point is only to add the u~e to th~ "C-x" Zoning District. -.2- P]-a?-n~n,i-I. Con~m. issio:~ Min~:tes - 24 Fe]..,rttar~.J, ].970 -. Col~t:i. nued IIo D. Inforn'..~:! Hearing..%- Continued I, ir. Kirkorian was l:::'esent and saa't~d that 1) a caz' x.~ash wou].d tie-in in the area he is proposing since :there is appro>~imate!y seven acres of emiisting comnnercia! zoning. near.by' and 2) the noise from the proposed car x,~ash ~,zould not be an annoyance to the. reside'nts in the homes located to the rear of the property since the equipment and bui!clings would be located to the front of the lot. l~k'. Richard Green of 12350 Geleta Avenue sta~ed that before an actual car x.:ash is conside, red it must be decided ~hether a car wash x,zi!l be added to the list oE conditional uses in the - ~-~ Zoning District. Mr. Phil Guil!ot of 20319 Kirlcr~'~ont Drive stated that he felt such a ..use in the "C'-V" Zoning District' x.>bu!d be detrim~,ntal to the City es~ecial!-, in the "C--V" Zoning Diskrict in the Village area. I.~. Dave Sha~.t of 12088 CarD! L2ne Stated that !) he and his neighbors a-::, ehensive ..... c that will result if a car wash is ~t appr about the traff~ · constructed in the area proposE, c% by ~.~-~. Kirkorian 2) x.zhen the, x..~ind blox,zs in the right direction the noise caused by the dar wash ?ill be di- rected tothe nearby homes and 3) he f?lt the matter shoulc~ be very carefully consiciered by the, P!anni~g Con~nission. · Mr. A!be~,t J. Stac!'jul'mar o:f 20377 Kirkmerit Drive statec! 1) he x,zas one of the first hon~eox,zners in the area and ~.;hen he purchased his home he ~qas promised that a corpa~ercial venture~ st. ch as the one proposeci, ~,~ould not be permitted in the vicinity and 2) he is opposed to the subject request. Mr John F ','f~l]orv of '12258 Kirkdale ~)-.~ve s~at,~1 that he x,yas ag-inst anythingof.a commercial nature, sucI4 as a car ~.zash, since b.e did not: feel it x-~ould be an asset to the City. Mr. Frank Ziegel of 20254 Kirkn~ont '.Drive stated thai: 1) in the past tx.2o--an~I-one-half years a lot of ~,~ork has beE, n done for ~T. tt:~,'~c[:ivc~ develop- ment in this area 2) a General Plan Revision has been. the result of the e.fforts put forth by the residents of this area 3) the' Azu!e area nox,: has some beautiful buildings even though some of them are not: .... t finished 4) the builclings that are completed are of quality construction and color coordinated anti the atmosphere in the area has been greatly improved and 5) as the representative of the No~:th~.:est Homeowners Association he ~ishes to express their opposition to the proposed reque-st for a car ~.;ash in the "C-V" Zoning District in their neighborhood for the follo~.?inS reasons: a) undesirable 'traffic that will be caused by s~.ic1 use. b) The annoying noise which will be caused ~v the car wash and carried by the wind. ~ .. c) The traffic do~,yn Kirkmerit ~.;hich will be especially heavy since the cars will be co~ing do;,,~ this street to avoicl s~opping at the light, ~. Peter Orza~ of 12236 Kirkda!e.D%'iv? s~ated he ~,zas opposed to a car wash. in the " : ~.r~e~ Drive area. Planni:.~?~ Co.,.~.~,,.n~ission Minutes -. 24 Febr!?j..i__'y ].970 - Cc, ntinued II. Do InfOrmal Hear_!n..-.-_i - Continued Mrs. Bey Fitzp~:trick of 20410 Kirkn':ont Drive stated i) she ~as opposed to a car x..~ash' in the area proposed ~ by Mr. Kirkorian 2) traffic will be increased and it is ba~ enough a!r~ady 3) her child x.yas almost hit a car in front of her house 4) a dog ~.~as kilie~just recently in the neighborhood and 5) there are tt~r~e c~as stations in the area; therefore, a fourth is not necessary. Chairman Norton statec~ tha't he x-youl~] be willing to turn dox. Kr tile subject request at this time, x.yithout a recommendation from the Subdivision Committee, but supposed the Plann~:ig Con~mission should adhere to past procedure and refer the matter to the Comn~ittee. Commissioner Smith stated that the Subdivision Committee ~.~il! be glad to study this request but they did fee]. very much the same as Chairman Norton and would be wi].].ing to deny the request at this time. Chairman Norton directed the subject request continued to the next regular meeting and referred the mla~ter' to the Subdivision Co~nittee for a recom;nenda tion. III. BUILDING SITES AND SUBDIVISIONS A. SDR-840 - Kate C. Pronger, Aloha Avenue and Lomita Avenue - Building Site ~2roval - 2 Lots Commissioner Smith stated that this matter should not be considered at this time, since the Change of Zoning has not been passed by the City Council. Chairman Norton stated that since the applicant has filed this application and paid the fees required the matter ~.yill be continued ~.......1 Ti}:~. applicant is requested to submit the necessary .letter of extension t~'~ the Commission. t{e further stated that the Secretary 'should explain to the applicant that the Commission cannot take any action relative to 'SDR-840 until such time as the City Council takes some action on the Change of Zoning application (C-124). IV. DESIGN REVIEW A. A-339 - ~[anuel Costa, Quito Road - Final Design Revie~.~ - Liquor Store - Continued from 9 Februar2-1270 The Secretary stated that the applicant and his representative (i.~. George Kocher) have requested that this matter be cont{nued since the applicant now proposed to submit plans to remodel his entire shopping co~nplex. Fff. Kocher was present and stated that 1) he would like the matter continued to the next regular meeting and 2) he wished to thank the Design Review Committee, foF suggesting and encouraging his client to reclesign his shopping Chairman Norton stated that he would be very hs. ppy to see this entire area improved; th~-efore ~.~ithou~ ob'~ ion ted A 33~ .... , ..... 3act , he direc - ~ continued to the next regular meeting and referred same to the Design Review Con~mittee. B. A-341 - S. L. Tyler, Big Basin Way - Final Design Review - Rernode!ing Commercial Bui!din% Cc.'~n'~issioner Eraus star~ that tb. is 'aDpi{c~n~ o}opoSes to re~n.z~jel and ,nr', existing- co~m~ercia] bui]d~Dc no~.z i'~ousing the, Sarato~;a Var{oty Sto~-e IV. B. A-3-/.'-! - Contin~_:ed Chairp~.n ~Iorton no~ed u~ ..... . ~ Repor't da~ed 24 February 1970 does not specifically require parlting, The Secretary explained that the proposed remodeling is not enough to change the parking r~qu:[re:nents; ho~.~ever, the applicant proposes to create parking. at the rear of the building ~.zith connecting access through to Third Street and Big Basin ~.~ay (via Bank of America pa~:'k- ins lot), Con~missioner Kraus moved, seconded by Commissioner Crisp, that the S~a~ u ~ Report dated 24 February 1970 be adopted and that Final Desi:Z;n Approval be grantee! for A-34!'as shovm on Er~hibit "A" and subject to the conditions stated in said report; raotion carried unanimously. ARCHITECTIfib~j., ADVISORY CO?-~:,ffiTT'~j E Commissioner Kraus stated that in the last si:-: (6) months the Planning Commission has reviewed and approved several different items and .he · has heard reference made to how bad some of these buildings look and he is nox.~ ~,ondering if this is not the appropriate time to appoint a,~ Architectural Ar~visorv Committee Chairman Norton stated that 1) 'the resolution of the City Council states that the Advisory Comzn~ittee x.~ould be set up to be available to the Design Review Committee upon request and ~;.~ould submit their opinion only and x.~i]_l not n~ake recommendatiof~s on a broac! scale 2) it was his suggestion that the Advisory Committee not be activated until there was a definite need indicated and.3) if a Committee is appointed the Design Reviex.~ Committee and/or Planning Commission might disagree with their opinion and then a situation has been created ~.J-~ere an opinion ~.~as requested and ~he~i rejected, ......... Commissioner Kraus stated that 1) the Design Reviex.~ Committee spends a great deal of time trying to establish some type of conformity throughout the Village and 2) there have been quite a fex.~ negative comments made in connection ~.~ith the recently ~pproved i. iini--Bike Shop in the Village, Chairman Norton stated that a:good deal of the items that have been approved by the Planning Commission have been an asset to the City, Commissioner Smith stated thai he could understand the request for an Advisory Committee ~r a ~a~or.remodeling in the City were involved but no major remodeling has been t:~resented for consideration, ChaiKman ~iorton advised that the Elgin Capitol Co, has purchased a great deal of property and they may become a major consideration for the Design Review Committee in the future, Commissioner Metcalf stated that 1) the Advisory Committee cannot be used until it is appointed and if they wait until it is needed then it may be too late and 2) he feels uneasy without this ConLmittee. Chairman Norton stated that !) the feeling seems to be that the Planning Commission should reouest the l..T=vor to apooint the Architectural Advisory Comntittce at this time 2) he has indicated some qualms bud is willing to co~.,n~v with the x.~ishes of the Ccmmission Commissioner ~.'iet~ rated ..... .... s he does not intend to submi~ every item t~ comes before .the Design Revf. ex-~ Conmn~ittee to the Architecture! Advisory Committee, but he does feel such a Committee could be useful. Chairman Norton requested the Secretary to couununicate x.~ith the Mayor A ~v . . relative to forming the Architectural a isory Committee -5- P!anni~ Cc:,n~.n~ission l-'[inut~,s - 24 Februa:cv 1970 Contint:ed V. CITY COUiqC!I, REPORT Co!nmissioner Crisp submitted a ~,n:i~ten report of items reviex,;ed and action taken at the City Council meetinS4 of ]_8 February 1970 with an outline of matters of particular interest to the Conmffssion. VI. OLD BUSINESS A. City Council !lequest for Consida, ration of Apartments in '~C-V" (Visitor- Co~m~ercia].l..~.p~j~3;l_j~stric. t ~ile C--1.24) - Continued from 9 February . ].970 Chairman Norton briefly revie~wa~d the st~h~ect request and outlined the contents of the Subdivision Coamittee-Report dated 24 February 1970 containing four alternatives for the subject request. Cor~missioner Sn~ith stated that'. 1) the Subdivision Con~mittee has dis- cussed these afternatives with each other, the Staff and the City Attorney aid 2) if anyone has any other suggestion or recommendations the Subdivi- sion C',omn~ittee ~.yill be happy 'to consider them. Chairman Norton noted that since the Co~p;n~ission is unanimous in not x.~anting apartments in the "C-V" (Visitor-Contmercial) Zoning District alternative N'o. 4 as stated in. the Subdivision Con~nittee Report seems to be the obvious conclusion. Commissioner Smith stated that' 1) if alternative No. 4 is accepted 1,~s. Cald~,,yell could apply for a Use Pern~it to make her apartments a legal use rather than a legai-non-,conforming use 2). the Subdivision Committee feels that the existing apartments are desirable and attractive and the ox.~_~er should not be penalized because of the legal-non-conforming situation ~,~ith the limited time restriction on her ap~Lr~':;':...?nt and property and 3) . alternative i:$o. 4 as stated in the Staff Re'f..:..',:.-t ~.~ou].d take care of the aforementioned restrictions and protect the c,~mer and at the same time ~,~ould not open any nex.~, areas for apartments. Comznissioner Lively questionedl tt~e fact that the Planning Commission did state at one time that they dis not feel that apartments ~.~ere suitable for "P-A" (Professional-AdminiStrative) Zoning District and now, in fact, the Planning Commission ~,~ould allow the Ca!dwell apartments in the Zoning District and 2) a lot Bf "P-A" Zoning is still shm,m on the Zoning Map. Conunissioner Crisp stated that the City has had "P-A" Zoning (al.!o~,;ing apartments) on the Zoning Hap for the last tein years and apartments developed slowly in the "P-A'~ Zoning District during that 'tim.?. Commissioner Lively stated that so~ne consideration should be given to futur~ land use in the "P-A' areas. Con~nissioner Smith, in ans~.;er to an inquiry fror~ Commissioner Lively, stated that the Caldx.~el! property do~s not have the same financial value as it woh!d have if it had an indefinite time on the use. Chairman Norton ~ointed out that i. irs. Caldwel! did indicate that her 'health ~.~as not good and should it become necesssx'y fo~: her to retire and sell her property under th'e lega!-non-confoxT~ing use she ~.~ould suffer quite a fina~cia! loss. Commissioner Crisp moved, seconded by Commission.or Crisp, that the Subdivision Co:'vr.~ittee Report dated 24 February 197.0 be adopted and the Staff be instructed to prepare the necessary amendments as stipulated in alternative No. 4 of said' re, port and forwarde. d to the City Council as the recommendation of the ~'i~' '~ .... Com,nissiozx; n~.~otion carried ~.~ith Commission.~r Lively voting No and Cor:~nissioner Metcalf abstaining. -6- Planrxi~.~: Co~.:~,.n',ission Minntes - 2-/.'.· Febr~:arv ].970 - Continued VII. NEW BUSINESS A. Up.-16z:. - SaratoS~ Foothills Deve!bpment Corporation. Verde Vista ]bane and Tamvorth Av.?nue .- Rec!uest for E~<tension The Secretary stated that there have not been any problems in connec- tion ~,a, ith this model home sa!?s office and this developer has very fe~.~ lots left and they x.~i!l be developing property across the high~.?ay from this model home sales office and then they x.~:[lt request a Use Permit for another sales office. Commissioner Cris[~ recommnended that the Staff Report dated 24 February 1970 stii~ulate that a bond be posted to insure termination of this sales office at the designatt~d time. The Secretary recomn~ended that the following be. added to the Staff Repor.t as condition (a): (a) Post bon~ and enter into an agreement (form as approved by] City Attorney) to insure elimination of' c~les Office u~on expiration of Use Permit.' Comn~issioner S;nith moved. se'conded by Commissioner Kraus. that the Staff Report dated 9A ~'ebr .... r,' 1970 be o~o~ed as amended. and that UP-!64 be. ~ran'~-oc] a si~c (6) month oz-:tension subject' t~ 'the condition stated in said report; motion carried unanimously. B. Request to Acid Comn~unity Center as a Conditional Use in the "C-N~' (Ne~bbo~"bood-Commercia!) von~ District -Peor~le Communicatioa West The Secretary read a communication received from i,lr. George Buonocore. President of People Communication West. Inc. stating that due to a previous committn~ent he ~,~,outd not be able to be present at this meeting. Commissioner Smith stated .that 1) .the Subdivision Committee has met ~,~ith the applicant and pointed out to hime that the "C--N" (Neighborhood-. Commercial) Zoning District does not now allow Commnnity Centers 2) the building (the main structure of the Presbyterian Church) proposed for the requested use is located in the "C-N" Zoning District on Cox Avenue and 3) the applicant has now submitted a request to add Comn~unity Center to the list of Conditional Uses in the "C-N" Zoning District. Com~nissioner [letcalf stated that he regarded the City Council Chambers and other such centers as Community Centers and does not recognize any other type. Chairman Norton pointed out that there are many other types of Con~munity Center, but it is not nox.~ listed as a Permitted or Condi- tional; Use in the "C-N'~ Zoning District.' Chairman Norton then requested the Secretary to schedule an Informal Hearing to discuss the subject request and stated that the possibility of a Study Session, ~cith the City Council, to jointly review this re- quest was suggested at a previous meeting. Councilman Smith ~-~as presen~ and stated he agre.?d with the action taken by the Planning Commissio~ to schedule an' informal Hearing in connection with this request and agreed with the idea of a Study Session in order to further :discuss this matter. Mr. John Wright!y x-2as present to represent the applicant and stated that he had no co:nments at Ehis t~rne. but x~ould be happy to answer any questions the Commission might have. -7- Plannin~ Commission Minutes -. 24 February ·1.970 - Continued VIII. COI.~-IUNICATiONS None B. OIh'~L Chairman Norton acknowledged, with pleasure, the presence of Council- mand Smith, and l~irs. Dorothy McGuire of the Good Government Group. He, also, thanked l, hrs. McGuire for the coffee to be served a:fter the meeting is adjourned. IX. ADJOE~.~,DC-iEi'~T Chairman Norton adjourned the meeting at S:45 P.M. Respectfully submitted, Saratoga Planning Conmission -8-