The URL can be used to link to this page

Home My WebLink About03-09-1970 Planning Commission Minutes CITY OF SApPY. TOGA PLANNING COi~R. IIS SION MINUTES' TIME: Monday, 9 March 1970, ·7:30 P.M. PIerCE: City Council Chambers, Fruitvale Avenue, Sara·~oga, California 95070 TYPE: Regular Meeting Io ROUTINE ORGANIZATION The meeting· was called to order by Chairman Norton. A....ROLL CALL Present: Comm. issioners Crisp, Kraus, Lively, Met calf", Norton, and Smith. Absent: .Commissioner Bacon. B. MINUTES qommissioner Smith moved, seconded by Com.~nissioner Lively, that the reading of the minutes of the 24 February 1970 meeting be waived and they be appr0ved as distributed to the Commission; motion carried unanimous ly. C. GOOD GOVERN'MENT GROUP FORi~ · Chairman Norton stated that he recc~ived a phone call from Mr. Woody Frampton, representative of the Good Goverr:ment Grot:p, inviting the Planning Commission to attend a forum on 12 March 1970 at 8:00 P.M. at which time the candidates for ·City Council ~,.~ill be introduced and x,~ill make individual presentations. II. PUBLIC HF~A. RINGS A. U__P-17__9 - C. T. Lindsay Company,· Arroyo de Arguello - Request 'for Use Permit to Allo~.,7 a Model Horae Sales Office - Continued from 24 February 1970· The hearing relative to UP-179 was re-opened at 7:36 PoM. The Secretary stated nothing new had been added to the file and explained that 1) this request ~as continued until the applicant complied ~;~ith the requirements of the Zoning Ordinance and discontinued the use of the sales office· until such time as the Planning Commission took some action on ·khe requested Use Permit and 2) the applicant has no~..~ eliminated all use of the model home sales office and has met the requirements of the Zoning Ordinance. Commissioner Smith stated that he did visit the site of the subject model home sales office today and all related activities have ceased. ~r. Howard Thompson, .present to represen't the applicant, stated that 1) i.t :.7as not thei~ intent to violate· the Zoning Ordinance by moving into the mode]. home sales office prior to approval of the Use Permit and 2) the model home has been closed and is not now being t:sed and all the si~,ns have been removed. Chairman Norton briefly outlined the Staff Report recommending that tb.e subject Use Permit be granted and th.~n recom~.nended that the report be amended to show the date 9 March 1970 as the date of the subject report. No one else present wished to comment. Commissioner Smith moved, seconded by Co~n~.issioner Crisp, to close the hearing for UP-179 at 7:41 P.M.; motion carried unanimously. Commissioner Sn~ith moved, seconded·by Commissioner :Crisp, that the Staff Report be adopted, as an~.ended, and a Use P~rmit be granted C. T. Lindsay, Inc.. for a raode! ho~.e sales offic~ in acco'~-d with Zoning Ordinance NS-3, Section 16.6 and subject to the conditions stated in said report; motion· carried unanimously. -1- Plannin.~omn',,ission blinutes - 9 March 1970 - Continued II. Bo UP-!80 - Pacific Shore Properties, Glen· Brae Drive - Request for Use Permit to Allow alI,jodel HOme Sales Office - Continued from 24 Febr.tarv 1.970. Chairman Norton re-opened the publ:{c hearing for UP~IS0 at 7:43 P.M. 'The Secretary' stated that 1) the subdivision consists 0~ less than the t~.Yenty lots required for a'modei home sales office and 2) it ~.~ould be difficult to sell these lots x.~ithout a sales office in the area. ~. Glen Krumme, president of the Pacific Shore Properties, s~ated that he hoped the Planning Commission wo[[].d grant favorable. action for this Use Permit since it is important for '~he sales of the lots in the proposed subdivision. : No one in the audience wished to co~nent. Conunissioner 'Smith stated that !) the Subdivision Con~rxittee is of the opinion that this matter should be discussed by the entire Plan- ning Con~mission and .2) the policy re model home sales offices adopted several months ago does stipulate tx.7enty lots are necessary in a sub- division in order to obtain a Use P?rmit for a model home sales office and 3) he would not, in this case, be opposed to granting a Use Permit · for a model home sales office for less than twenty lots. Chairman lqorton stated that whe'n the policy relative to model home sales offi'ces ~.~as initiated and "-~ number twenty indicated the Pla~n{nc~ Comxnission x.~as ~hinl{{ng about a subdivider that already had a sales office in the area or nearby. ~. rjcu.mn~e stated that their nearest office is located in Cupertino. Commissioner Lively Stated that since the applicant'does not have another sales office in the area it would seem logical to grant the Use Permit as requested. Chairman Norton stated that the subject lots are located in a low-density the pr a~ea' therefore, ._ - , oposed us~ would not c~.use annoyance to the neighbor s. Comnissioner Crisp 'stated the he felt tb~'e existed special circum- stances in connection with UP-180 that would allow the Plann{n~ Comn~ission to grant the subject request. Coxmuissioner Kraus stated that Because of the location of the requested model home sales office he could not see any reason ~o-~ denyin~ the subject request. Con~issioner Smith moved, seconded by Com. missioner Lively, to close the hearing for UP-180 at 7:53 P.I,[.; motion carried unanimously. "C'6{~{issi0ner Smith' stated that a staff Report .~as b~en' prepared (and ;shguld be dated 9 I,~qrch 1970) r~co=nmending that the subject Use Permit be granted. Con~nissioner Smith moved s~conde~ bv Con~nissioner Crisp, that the Staff Report be a~op,-~d as an~ended' and a Use Permit be granted to operate a sales office as sho~n~ on Exhibits "A" and ';~" ...... 3oct to the condi- tions set forth in said report and in accordance ~ith Zoning Ordinance NS-3, Section 16.6; n~otion carried unanimously. -2- PlanninJ~ _Commission Minutes - 9 March ].570 - Continued IIo C° IN~'OR??.'..AL HEA.,'IIi.~G - Request to Add Car Wash with Incorporated Gasoline Faciliti,,:,s to th? List '6f Conditional Uses in the "C'V" (Visit. or-Co.mmercial) Zoning District '- Continued from 24 February 1970 The Secretary read .a letter rec'eived from the applicant, I.h*. Ira Kirkorian, requesting that his request for a car ~.7ash in the" "' Zoning District be withdrax.rn. Commissioner Crisp moved, seconded by Com=~issioner Kraus, that the applicant be allo~.2ed to withdra~,~ his request to add car x.Tash x~Ti'th incorporated gasoline facilities to the list of conditional uses in the "C-V:' (Visitor-Commercial) Zoning District; motion carried unan imou sly. : D. IN~OR~.iAL H}L~RING - Request to Add Con~nunity Center as a Conditional Use in the "C-N" (i'ieighborhood-Comaercial) Zoning District The Secretary read a co~c~nunication received from ~.~. George Buonocore, President of People CommunicatiOn l.Yest, Inc., asking that their request be cancelled for the. present. .Commissioner Lively moved seconded by Co~aissioner Metcalf, that permission to withdraw the request to add community center as a conditional use in the "~ ~,"' (i']eighborhood-Commercial) Zoning District be approved; motion carried unani~nous!y. Iii. BUILDING SITES AND SUBDIVISIONS A.. R-840 - Kate C. Prorigor, Aloha Avenue. and Lomita Av:.~u-.z. - Building SD Site ADD'~O,~a~ - 2 Lots - Continued from 9Z,. February 1970 The Secretary, in answer to an incuiry from Commissioner Smith, stated that the applicant did grant an extension in order to keep this appli- cation active until the Change of Zoning (C-124) relative to SDR-840 is final. Chairn~an Norton, in view of the .foregoing, directed SDR-840 qontinued to the meeting of 13 April 1970. B. SDR-841 - B. T. Gateb,_Sea Gull 'Wat - Bui'ldin~.Site Approval - 1 Lot The Secretary stated that the applicant had revie.'~7:~d the proposed condi- tions of approval and had expressed satisfaction sf same. Coamissioner Smith moved, second. ed by ComrP, issioner Crisp, that the Building Site Coxmnittee Report of 9 March 1970 re.lative to SDR-84! be adopted and that the tentative Dnap (E>:hibit "A", filed 27 February 1970) be approvecl subject to the conditions set forth in said report; motion carried unani- mously. .. C. SD-842 - Osterlund Enterprises, Arroyo de Arguello - Subdivision Approval ~ 20 Lots The applicant's representative, }.~. Louis Tersini. rev~.~:. ?...i ;z'.x.L. prc,~'.~.. ~." conditions and stated he had no objections to the s'~v~itl conc!itions as stated in the Subdivision Committee Report datad 9 ~.jarch 1970. Co~amissioner Crisp stated that in Condition 15 of the Subdivision Committee Report the word .to 1 ap;~ :~ macely" should be insertec~ between the words "follox.yed" and "as". Con~issioner Smith moved, seconded by Coranissic, ner Crisp, that the Subdivision Couxmittee lieport of 9 March 1970 relative to SD-842 be adopted, as amentled, and that the tentative n't~.D (E:~hibit "'~'.<"' filed 2 l-!arch 1970) ~ . 'be approved subject to the conditions set forth im said report; motion Carr ied un~.nimou s !y -3- P lannin_J__ Cg~!n_'~_s=~=ion= }..iint2te s - 9 ]'..iarch 197.0 - Continued IV. DESIGN ~EVImF A. A-336 - First Church of Christ, Scientist, Loreira Avenue - Final De s i~a_}l__e]z ie~..,· - Land s cape Plan s Co~mnissioner ~'Ietca].f stated that this applicant previously received Final Design Approval subject to the submittal of the landscape plans no~.; before the Commission for consideration. ..... Commissioner ~,Ie. tcalf moved, seconded by Com~n~issioner ].fraus, that the Staff Report dated 9 f,~rch 1970 be adopted and that ]?ina! DesiSn Approval be granted for A-336 asz sho~.zn on Exhibit "D"] motion carried unan imo u ~ ly. B. A-339 - l.[anue! Costa, Quito Road.- Final Design Revie~z.z - Liquor Store Addition and RemodelinS of Existing Food i~!arket - Continued from 2Z~. February 1970 C~missioner i.'ietcalf explained t~at this matter ~,yas continued to allo~ the applicant time to submit complete plans for the .ren~odeling of the existing food market and the.proposed addition. Chairman Norton cemplimented ~rr .. George Kocher, applicant ' s designer, on the plans submitted for the proposed project. 1,~. Kocher stated that~ he felt, the plans weuld provide a practical approach for im'~rovcm~nt of the area. Chairman lqorton read the conditions of approval as stated in the Staff Report dated 9 1,1arch 1970. b~ Kocher, in answer to an inquiry fro~ Chairman Norton~ stated ne~,x sign for the shopping center had not been designed. Commissioner ~4etcalf moved, seconded by Commissioner Kraus, that the Staff Report dated 9 I-.larch 19]'0 be adopted and Final Design Approval be granted for A-339 as shox~] on Exhibits "C" and "D" and subject to the conditions set forth in said.report; motion carried unanin~ously. C. A-3Z~.2 - Yves Casabonne, Big Basin ua~ Final Design Review Identification Si;~ns Comanissioner %,Ietca!f stated that the proposed application is for the t{,~6 ..... (2)' "identification signs as d~scribed in the Staff Report'dated 5 b~arch 1970. The Secretary, ih' ansi,Tar to an inquiry from Co'mmissioner Crisp, stated that according to 't.he City Attorney the apartment to the rear' of the applicant's con~nercial bui!.ding is a leE~a! .n'on-conforming use due to the f~ict that ~.?!~en the building .was sold the use e.f the apartreamer area ~?as not changcol. Commissionsr S~nith stated that the former ow~'~er of this property occupied the apartr~ent area -but the present o~,mer prcposes. to rent the space. Chairman }~orten reco~.ended tha"c .a ~'itten statement be obtained frown ti~e City Attorney stating the reasons for atlo~.;ing the. bui~{r,.-~ to continus as an apartn~ent use. Commiss~.oner %,Ietcalf move~s secondec! b2; Comenissioner l~caus, that the Staff i.[eport c!ated 5 D.!arch 1970 be adopted ~nd Final Design Apprc. va! be grantad for ~-3~-2 as sho?n~ on Exhibit "A"; motie,~f~ carried unanimous!),. P].ar,;~!~, Con~.mission Minutes - 9 March 19~0 - Continued IV. D. A-.343 u Azule Flowers and Gifts., Saratoga-Sunnyvale Road - Final Design Review - Identification Si..q~'~ Commissioner Metcalf .stated tha~ this is a request for installation o~ a identification s~,~n ~,j~ich meets all the reouirements of the Zon';x~c. Ordinance. ' Commissioner !,letcalf moved, seconded by Con~,~issioner Kraus. that the St'ff Re-~o-~t dated o !.':arch 1970. be adopted and Final Des-~.~p Approval be granted fgr A-343 as sho~.:~ on E>:hibits "A" and "B" and subject to the conditions stated in said report; motion carried unanimously. V. CiTY COUNCIL REPORT Commissioner Kraus gave a su~nary of iten~s reviewed and action taken at the City Council meeting on 4 .March 197'0 with emphasis on matters of particular interest to the Commission. MEETIi,iG OF GEOLOGICAL S!E<VEY DIVISION Commissioner l.ietcalf stated that 1)'. the meetir~g ~,~ith Dr. Grantz. Chief of the Branch of Pacific Env~ronn~e t~! Geology, ~.~as attended by Chairman Norton, Commissioner Smith, the Planning Director, and the Assistant Planning Directox~ and by himself 2) Dr. Grantz outlined the programs they are presently involved ~.~ith 3) it was pointed out that they b. ope to have a complete geo!ogicia! survey of the entire ~.. Area ~.~ithin the ne:.zt two years and'in particular of the lands that are likely to be subdivi,Jed 4) the Geologic Survey people feel. it is reasonable and prudent for a Planning Commission to require a subdivider who has desig:~ ~.~ a hillside area to pay to have a complete geological survey of the at..'.." he intends to subdivide 5) they plan to be fa~ enough along in their survey and preparation of reports that by the end of this summer they will be able to offer concrete assistance on request and 6) it was recon~nended by Grantz that the City engage a part time Geological Consultant to aid in the development of the hillside lots. Chairms. n NortOn stated that 1) the.representatives of the Geological Survey Division dic] urge the City to make a complete geological survey and w.~ e}cplained that the City is cooperating with the County to accomplish this and 2) the Planning Director was asked to talk to the City Council to see if they ~.zanted to get involved in any supplementary survey ~ith the Geologic Division~ The Secretary read a letter received from Dr. Grantz expressing, on behalf of the Branch. of Pacific Environmental Geology, the pleasure at meeting · with the City's representatives and inviting them to consult again ~,Tith ~. Grantz and other Geological Survey people ~,Tho attended the meeting of 4 March 1970. VI~ OLD BUSINESS - None VII~ NEW BUSINESS - None VIII ~ COi~'.Ii~.~ICATIOZ'jS A. WRITTEi'~ UP-J65 - Bro~,.~ and Kauf~n~ann !nc Miller Avenue - Re ~ues for ..... , ., q t E~<tens ion The Secretary read a letter receivec] from the firm of Bro;.a~ and Kauffnann requesting an extension of time for UP-165 and then reconnnended that the matter be referf'ec] to the Subdivision Comn~ittee and continued to the nez~t regular Chairman Norton so directed. P_.]~j~n_D!i~5 Commission Minutes - 9 ?.'iarch ].970 - Cont:inued VIII. Ao 2. PETITION CO~CERNiNG l~M !~'.=DIO TOWER - SEV!LIA The ~ecretary stated a petition (x.~ith 23 signatures) has been submitted in opposition to the installation of a "ham" radio tower in the rear yard of the i"hilip Garrahan's residence on Sevi!la bane. He further 'stated that l~k-. Garrahan was issued' a Building Permit for the subject tower since all the requirements of the Builc~ing Code and Zoning Ordinance ~.~er e me t. The Secretary, in answer to ~n inquiry from Chairman Norton, explained that a height lin~itation of 25-feet is stipulated in Section 14.9 of the Zoning Ordinance but to~.Ters are excepted from the requirement. Mr. Kershner and ~.~. Zimmerman, t~,7o of the signers of the petition ~.Tere present and [k'. Kershner stated t~9. t in his interpretation of the Zoning Ordinance the e:~ception of the towers from the 25-foot height limitation ~.~ould include to~.~ers on the roof only and not something that rests on the ground and 2) a request ~.~as made to the City to ~Tithhold approval of the Building Permit until sud~ time as the matter can be given further consideration. Chairman Norton advised that 'the Planning Commission does not 'at]minister Building Permits and that a Building Permit cannot be x.~ithheld if the str~6~'[~re complies x~ith building anti zoning regulatlc,~'~s; therefore, this' petition '~st be 'referred t'~"~l~6"'City Council and the" City Attorney for their determination. 3. SDR-832 - David L. Mendenhal!, Mt. Eden Road - Request for Recon~ideration o~f Underground Uti]~j=ty R~quir~ent The Secretary read 'a communication received from i,[r. Mendenhall requesting reconsideration of. Condition II-D of the Building Site Connnittee Report dated 9 February 1970. Chairman Norton directed the subject r~qUest continued to the regular meeting and referred saxne to the Subdivision Cormnitt~e for study. B. OP~L Chairman Norton ackno~.71edged, with pleasure, the presence of Councilman Sanders, l.~s. Owen, and ~. Binkley of the Good Government Group. He, also, thanked ~-~s. Owen for the coffee to be served after the meeting is adjourned. IX. ADJOLrRNI,ZiqT Chairman Norton adjourned the meeting at 8.:50 P~M. ReSpectfully submitted, Saratoga Planning Co~.~ission j -6-