HomeMy WebLinkAbout05-25-1970 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
TIME: Monday, 25 May 1970, 7:30 P.M.
PLACE: City Council· Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070
TYPE: Regular Meeting
Io ROUTINE ORGANIZATION
The meeting was called to order by Chairman Norton.
A. ROLL CALL
Present: Commissioners Crisp, Kraus, Lively, ~r. tin, Norton, and Smith.
Absent: Commissioner Metcalf.
B, MINUTES
Commissioner Smith moved, seconded by Commissioner Lively, that the
reading of the minutes of the ll,May 1970 meeting be waived and they
be approved as distributed to the Commission subject to the following
change: ..
page 2.. .last paragraph.. .under C-128.. .line 2. · .add the word
"Session" after the word "Study"; motion carried unanimously.
C. CObIMITTEE APPOINTMENTS
Chairman Norton made committee appointments and changes and as a result
the membership of each committee stands as follows:
SUBDIVISION COMMITTEE GENERAL PLAN COMMITTEE.
· . Commissioner Smith, Chairman Commissioner Lively, Chairman
...... Commissioner Crisp Commissioner Metcalf
Commissioner Kraus Commissioner Smith
VARIANCE COb~4ITTEE DESIGN REVIEW COMMITTEE
Commissioner Kraus, Chairman Commissioner Metcalf, Chafrnmn
Commissioner Crisp Commis.sfoner Lively
Commissioner Martin. Commissioner Mantin
Chairman Norton then stated that he realized work commfttments, etc.
present some difficulty fn attending all meetings fn connection with the
committee appointments; however, the existing schedule will remain in effect
until such time as it becomes non-workable.
IIo PUBLIC HEARINGS
A. C-130 - SaratOga Foothills Development Corporation, Fruitvale. Avenue -
Request for Change of Zoning from "R-i-40,000" (Single-Family
Residential) to "R-I-40,000" "P-C" (Single-Family Residential
Planned Community) - Continued 'from 11 May 1970
The hearing was re-opened at 7:37 P.M. The Secretary stated that.two
communications had been received from 1) Walter Thompson, 14805 Fruitvale
Avenue, recommending that two entries from Fruitvale Avenue be allowed for
the proposed development and that one entry be aligned with the projection
of Three Oaks Way and 2) Mrs. Wayne Rfcker, 14850 Barnriga Lane,. protesting
the location of the exf.t and access streets on Fruitvale Avenue proposed for
the development and requesting'that the planned street be aligned with Three
O~ks Way~
-1-
Planning Commission Minutes - 25 May 1970 -Continucd
II. 'A.' C-130 - Continued
Commissioner Smith stated that 1) the Subdivision Committee met with
the Planning Committee of the City Council and Mr. Beck (Park Consultant)
and after a lengthy discussion the Planning Committee requested that the
Planning Commission defer aCtioB relat'ive to this matter until after Mr.
Beck submits a proposal for central development plan for this area which
may include a golf course and may involve some of the applicant's property
and 2) another meeting with the Subdivision Committee the Planning Committee
and the Park Consultant is scheduled for 2 June 1970 at which time the
Park Consultant will submit the subject report.
Chairman Norton stated that the Planning Commission did indicate previously
that they would be inclined to wait for the Park Consultant's report; however,
the applicant may find the wait unacceptable.
Mr. Jerry Lohr, President of Saratoga Foothills Development Corporation,
was present and stated their on!~ interest is to develop the property in
the best possible way and a two-week delay would not be objectionable.
CommiSsioner Crisp stated that the applicant has not submitted the plans
for the community center nor the agreement with respect to operation.
The Secretary explained that the cor~nunity-center plans were submitted;
however, the agreement is still being worked out with the City Attorney.
Chairman Norton closed the hearing for .the evening at 7:45 P.M., directed
C-130 continued to the next regular meeting and referred same to the Sub-
division Committee for a report~ ..
B. UP-185 - Katherine Cain, Austin'lWay Request for Use Permit to Allow a
Montessori Pre-School - Continued from 11 May 1970
Chairman Norton re-opened the hearing at 7:46 P.M. The Secretary stated
.that 1) t.he applicant did submit a letter explaining that the owner of the
property would not eliminate the two rental units located on the subject
property unless the applicant would make up the difference in the rent and
2) the applicant states she would be unable to meet this request.
Commissioner Smith stated that 1) a Staff Report reiative to this matter
had been prepared 2) the Subdivision Committee has given the subject
request a great deal of thought, visited the sit~ and talked with the
applicant and the property owner 3) three alternatives have been suggested
as stated below and the Subdivision Committee would like the entire Commission
to consider these prior to any formal re. Commendation:
a) Outright denial of UP-185.
b) Approval of UP-185 subject to abatement of the apartments
and the access road through the proposed play yard..
c) Approval of UP-185 as stated in the Staff Report dated 25 ~y
1970 subject to the conditions set forth in said report.
Commissioner Smith further stated that as far as traffic is concerned
in this area it is no better or worse for a nursery school than any
other location.
-2-
II. B. UP-185 - Continued
Chairman Norton stated that, perhaps, alternative (b) ~ould be the
most desirable action to take since the property is not zoned for
multi-residential.
CommiSsioner Smith stated that the property owner is not agreeable
to eliminating the apartment use.unless the applicant is agreeable
to making up the difference financially.
Commissioner Lively stated that 1) everytime a use is proposed for
this building in the future the Planning Commission will be faced with
the legal non-conforming apartment use located on the same property and
2) if alternative (b) is recommended then the property owner will, in
effect,'be prevented from using this property.
Commissioner Smith advised that abatement proceedings for the apartments
could be initiated and another use allowed in these buildings.
The Secretary explained that no provisions for abatement proceedings
have been made for "R-I" Zoning Districts.
Mrs. Cain, in answer to an inquiry from Commissioner Lively, advised
that neither the State Licensing Board nor the Fire Marshal have any
objections to the use of the subject building for a nursery school.
"The Secretary read the Staff Report dated 25 May 1970 recommending that the request in connection with UP-185 be granted.
Mrs. Cain inquired if six parking spaces (as stated in condition (4)
of the subject Staff Report) were really necessary since most of the
time there will be only the two teachers cars parked and occasionally
a visiting mother's car.
Mrs. Vossbrincki, 19051 Austin Way, stated that the school bus picks
up and discharges students at the corner of the subject property and
'.this in itself, along with the normal traffic, could prove to be of
considerable danger.
Mrs. Cain stated that 1) the school will be quiet with the children
going out once in the morning and once in the afternoon 2) any traffic
will be only in bringing the chi'ldren and picking them up and will not
go-on all day 3) if a time limit of one year as stated in the Staff
Report is enforced then she cannot consider this location for the nursery
school since it will take at least three years to establish a nursery school.
Chairman Norton explained that the one-year time-limit means only that
the nursery school use will be reviewed at the end of one year..
Commissioner Smith stated that the review would be to determine if the
nursery school is serving the needs of. ~he'Saratoga area.
Chairman Norton explained that ~his particular property is located on the
.edge of Saratoga and will attract people from the other side of the creek
but the applicant does not want to put a lot of time and effort into the
project and then have the use terminate in a years time.
: greeable to deleting the one year
Commissioner Smith stated he would be a
time limit on the Use Permit.
-3-
Planning Commission Minutes - 25 May 1970 - Continued
II. B. UP-185 Continued
Chairman'Norton recommended that condition (1) of the subject Staff
Report be changed to read as follows:
'1) This Use Permit shall be approved. After one. school
year the Planning Department shall review the facilities
and service area of the school to ascertain whether the
basic educational needs of Saratoga are-..being fulfilled.
Commissioner Smith moved, seconded by Commissioner Kraus, to close
the hearing relative to UP-185 at 8:12 P.M.; motion carried unanimously.
Commissioner Smith moved, seconded by Commissioner Crisp, that the
Staff Report dated 25 May 1970 be adopted, as amended, and the subject
request for a Use Permit to allow a Montessori Pre-School be granted
on the basis the finding required by Secion 16.6 of Zoning Ordinance
NS-3 can.be made and subject to the conditions stated in said report;
motion carried unanimously.
C. UP-187 - Shirley Mille~, Fifth ~Street - Request for Use Permit to Allow a Pre-School Nursery ~
The Chairman opened the hearing relative to UP-187 at 8:14 P.M. The
S~re~ary stated the Notices of Hearing were mailed and briefly reviewed
the subject application. He further stated that 1) there is an existing
residence on the subject property 2) Mr. Larry Tyler and Mr. Harry Maynard,
both local businessmen, have voiced their objection to the proposed nursery
school stating that it may effect the proposed parking district in this
area 3) the subject property is not actually included in the proposed
'parking district at present, although, the property itself may be involved
in some way or may eventually be added to the parking district and 4) the
applicant did submit a Statement of Reason. "
Chairman Norton inquired how this property would benefit from 'the proposed
parking district.
The Secretary advised that the property could be re-zoned to commercial
'property or be acquired 'to used. as part of the parking district.
Chairman Norton asked if any additional construction would be considered
if the proposed request for a nursery school were granted.
Commissioner Smith explained that the applicant would increase the size
of the building by 50%.
Mrs. Miller, the applicant, wasl present and stated that 1) she will be
attending West Valley Junior College to complete her credentials qualifying
her to operate a nursery school' and 2)':a.!nursery school was previously
operated successfully in this area and a bus service will probably be
provided to transport the children.
Commissioner Kraus advised that Fifth' Street is ngt'a through street and
the proposed use would encounter problems with ingress and egress as a .
result.
The Secretary, in answer to an inquiry from Commissioner Martin, stated
that the building undoubtedly did not meet the City Code requirements for
a nursery school.
-~rs. Miller stated that the prqper authorities will not look at the
subject building until the Use Permit is granted; however, the Fire
Marshal did look at the property and suggested two or three items that
would have to be taken care of if the building were to be used for a
nursery school.
E~anning Commission Minutes - 25 May 1970 - Continued
II. C. UP-187 - Continued
Chairman Norton closed the hearing for the evening at 8:23 P.M., directed
UP-187 continued to the next regular meeting and referred same'to the Sub-
division Committee for study.
D. V-34~ Edwin Stafford, Jr., Woodside Drive - Request.for Variance to
Allow a'Reduction in Side Yard Setback Requirements - Continued
from 11 May 1970
The hearing was re-opened at 8:24 P.M. The Secretary stated that nothing
further had been added to the file.
The' applicant was present and stated he had no further comments.
The Secretary read the Staff Report dated 25'May 1970 recommending that
the requested Variance'be granted.
Co'mmissioner Smith stated that he served on the Variance Committee for
this particular request and in his opinion the Variance should be granted.
The Secretary, in answer to an inquiry from Commissioner M~artin, stated
that the requirement for a thirtEen-foot side yard setback for a two-story
addition is the result of an ordinance interpretation by the City Attorney.
Chairman Norton requested the Secretary to obtain copies of the City
Attorney's interpretation for distribution to the Planning Commission.
Commissioner Kraus..moved, seconded by Commissioner Lively, to close the
hearing relative to V-347 at 8:29 P.M.; motion carried unanimously.
Commissioner Kraus moved, seconded by Commissioner Crisp., that the Staff
Report dated 25 May 1970 be adopted and the subject request for Variance
be granted subject to Design Review Approval of the plans and on the basis
that the findings required under Section 17.6 of Zoning Ordinance NS-3 can
be made for the reasons stated in the subject report; motion carried unani-
mously.
III. BUILDING SITES AND SUBDIVISIONS
A. SDR-849 Thomas L. Dashiell, Bohlman Road - Building Site Approval -
3 Lots - Continued from 11 May 1970
Commissioner Smith stated that the applicant must submit a~Lletter of
extension prior to '.6zJune. 1970..~ or the tentative map will expire.
The Secretary stated that the applicant is aware 0f the required letter
of extension and will submit same as soon as possible.
Commissioner Smith moved, seconded by Comm~s's'ioner Crisp, that the
.extension for thirty days is received - J 7 i
carried unanimously. : .' ~
B. SDR-851 - Osterlund Enterprises, Saratoga Creek Drive - Building Site
Approval 1 Lot
The Secretary advised that the applicant reviewed the proposed conditions
of approval and expressed satisfaction with same.
.Commissioner Smith moved, seconded by Commissioner Crisp, that the
· 'Building Site Committee Report dated 25 ~y 1970 relative to SDR-851
be adopted and that the tentative map (Exhibit "A", filed 15 ~y 1970)
be approved subject to the conditions set forth in said report; motion
.carried unanimously.
-5-
III. C. SDR-852 - Thomas Ernandes, Saratoga-Sunnyvale Road - Building Site Approval - 1 Lot
Mr. Warren Held, architect, was present to represent the applicant.
Chairman Norton, in answer to an inquiry from Mr. Held, explained
that the $120.00 inspection fee stipulated in the Building Site
Committee Report dated 25 }~y 1970 provides for a City Engineer
to inspect street improvements to determine if they have been
properly constructed.
Mr. Held stated that Condition II-C of the Building Site Committee
Report requires an offer of dedication that was not required of a
developer just a few hundred feet away from the applicant's property.
The Secretary explained that the same offer of dedication was requSred
of the subdivider developing the property in the area of the applicant's
property; however, no improvements were involved.
The Secretary, in answer to an inquiry from Mr. Heid, stated that
the City does not have a specific plan line for Saratoga-Sunnyvale
Road but the State Highway Department does have a plan line for the
Mr'i H~id'stated that he would request that SDR-852'be Continued to the
..... next regular meeting in order to allow him time to confer with his client.
Chairman Norton so directed.
D. SDR-853 - Donald Comer~ P~erce Road - Building Site Approval - 4 Lots
Commissioner Smith stated that this application requires further study
and recommended that the matter be continued to the next regular meeting.
Chairman Norton so directed.
IV. DESIGN REVIEW
A. A-347 - Saratoga Village Shopping Center, Big Basin Way - Final Design Review - Identification Sign
Commissioner Kraus stated that a Staff Report dated 25 }~y 1970 recommends'~
that A-347 be granted Final Design Approval.
Commissioner Kraus, in answer to an inquiry from Chairman Norton, stated
that the Design Review Committee specifically requested that the molding
for the proposed signs be placed on top of the sign rather than on the
bottom.
Mr. George Otsen, of the Otsen Sign ~o..., was present and displayed
samples of the sign materials.
CommissiOner Kraus recommended that in Condition (b).. .sentence 2..
be amended to read as follows:
"Applicant shall have this condition written
into his leasing agreement."
Commissioner Kraus moved, seconded by Commissioner Smith, that the
Staff Report dated 25 }~y 1970 be adopted, as amended, and that. Final·
Design Approval be granted for A-347 as shown on Exhibits "A" and
subject to the conditions stated in said report; motion carried unanimously.
V. CITY COUNCIL REPORT
Chairman Norton stated that there could be no City Council Report since
Commissioner Bacon is no longer on the Planning Commission and was scheduled
to attend the City Council meeting of 6 May 1970.
Plannin~ Commission Minutes - 25 May 1970 - Continued
VI. OLD BUSINESS
A. UP-151 - Ja~es D~M~, Souza Lane - Request for Extension
The Secretary explained that this Use Permit was granted in 1968
and has already been granted one extension and previous to that
-UP'-104 was approved and extended for the same use; therefore, a
Use Permit for this use has been in effect for five years.
The Secretary read the Staff Report recommending that the subject
request for extension in connection with UP-151 be denied.
Commissioner Smith moved, seconded by Commissioner Kraus, that the
Staff Report dat~dJ'~"~ay 1970 be adopted'and the subject request
for extension b~ denied in accordance with said report; motion
carried unanimo~s-l-y.--/
B. UP-149 - James W. Day,~ Saratoga Avenue - Request for Extension
The SeCretary explained that no complaints have been received relative
to the subject Use Permit.
The Secretary read the Staff' Report dated 25 May 1970 recommending that
the subject request for extension for UP-149 be approved.
.... Commissioner Smith moved, seconded by Commissioner Crisp, that the
Staff Report dated 25 May 1970 be adopted and the subject request for
a one year extension be granted; motion carried unanimously.
VII. NEW BUSINESS :
A. C-106 - M.V.S., Saratoga Avenue - Request for Extension by Cal-West
.: Commgn~ties, Inc. :
The SeCretary read a letter received from the applicant's attorney
Mr.'Glenn0n, requesting an extension for C-106.
Mr. Glennon was present and stated that 1) his client, Cal-West,
requests a one year extension'for C-106 2) the entire property consists
of seventeen acres; however, the Change of Zoning covers only ten acres
3) in accordance with a Planning Commission request the map shows a plan
for the entire seventeen acres 4) Cal-West is a progressive company with
experience in the type of building proposed for the'subject property
5) the applicant has retained, pending approval of the subject request
for extension, the offices of McAllister and Payne as the architects for
the subject project 6) construction is expected to begin.in September
1970 7) financing is to be provided by Bank of America subject to approval
of the plans by the City 7) he would request ~he Commission to take some
action at this time since timing is critical and 8) he has made every
attempt to follow the orderly sequence. of procedure and has met with the
Subdivision Committee and Design ReView Committee.
Chairman Norton explained that 1) C-106 is a Conditional 'Change of
Zoning 2) this request was brought to his attention after the applicant
and Mr. Glennon met with the Subdivision Committee and Design Review
'Committee and 3) the Planning Commission does not ord.in~rily act on
initial requests but this matter has' been thoroughly discussed by the
proper Committees.
Commissioner Crisp advised that this matter will be referred to the City
Council after the Planning Commission makes a recommendation.
Planning Commission Minutes - 25. May 1970 - Continued
VII. A. C-106 - Continued
Commissioner Lively inquired about the remaining seven acres shown
on the map but not included in the Change of Zoning application
and questioned whether they may mistakenly be considered as part of
the approved Change of Zoning.
Chairman Norton explained that the present request for extension is
for the ten acres only and a seperate application for Change of Zoning
will have to be submitted for the remaining seven acres.
Commissioner Lively stated that if the extension is granted for ten
of the seventeen acres shown' on the map then the Planning Commission
is giving indication that a Change of Zoning will be granted for the
remaining seven acres.
The Secretary, in answer to an inquiry from Chairman Norton, stated
that the General Plan designation for the remaining seven acres is
Multi-Residential.
Commissioner Smith 'stated that 1) there is .a great deal of difference
between the original plan and: the one now presented by Cal-West'2) the
original plan was based on rental apartments; whereas, the present plan
proposed condominium development and 3) the present plans will require
..... SO~ne modification since some three-story buildings are proposed, but
are not acceptable.
The Secretary stated that the Staff Report dated 25 May 1970 recommends
that the subject request for extension in connection with C-106 be
granted.
Commissioner Lively stated that .if Condition (1) of the Staff Report
were amended to indicate approval of only ten acres he would find it
acceptable.
Mr. Glennon stated that 1) the change in the report would be acceptable
since the applicant understands that the subject Change of Zoning involves
only the ten acres 2) the three-story buildings will be removed from the
proposed plan and 3) a modified plan will be submitted showing the changes
requested by the Committees and 4) he would request that Condition (2)
of the subject Staff Report dated 25 May 1970 be amended to allow ninety days
to begin construction since it will not be possible to begin in thirty days.
Chairman Norton recommended that Condition (1) of the subject Staff
Report dated 25 May 1970 be amended to read 'as follows:
"1) Within forty-five days after action by the
Council on the extension a Master Plan for
the entire property and a modified plan for
the ten acres ~overed by the present zoning
shall be submitted for development of the
site as a condominium."
and that sentence 1.. .of Condition 2) of the subject Staff Report
be amended to read as follows:
"2) Construction to start not later that ninety
days after approval of final plans by the
City Council and pursued diligently to completion
within one (1) year after Council approval of the
plans."
-8-
,,Plannln~ Commission Minutes - 25 May 1970 - Continued
VII. A. C-106 - Continued
Commissioner Smith moved, seconded by Commissioner Crisp, that the
Staff Report dated 25 May 1970 be adopted, as amended, and the subject
request be granted and a one-year non-transferable extension be granted
tO Cal-West Communities, Inc~;..~Ubject t~_.'~e c.°~.~nS.stated in the ......
Staff Report and that said report be forwarded .to the City Council as
~he"rec0mmendati~n'0~ the Planning Commission; motion carried unanimously.
B. C-126 - Ro~er W...Ross, SaratoMa Hills Road
The Secretary explained that C-126 has been referred back to the
Planning Commission by the City Council. He further stated that the
matter should be referred to the Subdivision Committee for further
consideration and continued to.the next regular meetings. '-
Chairman Norton so directed.
C. Parking.
Commissioner Crisp .stated 1) he was very much concerned with the
parking for the business establishments in the village 2) he would
suggest that parking be considered as part of the General Plan and
3) if the parking plan is encouraged by the Planning Commission.=
...... and city council some progress may result.
The Secretary explained that the village parking has been under study
and a lot of information is now available relative to same.
Chairman Norton stated that parking certainly is enough of a problem
to be considered and should be added to the list of items to be considered
as part of the General Plan Review.
VIII. 'COMMUNICATIONS
'A. WRITTEN
SaratoSa United Presbyterian Church - Request for Extension
The'Secretary read a letter received from Saratoga United Presbyterian
Church requesting that the Planning Commission grant a one year extension
on meeting the condition to provide fifty-two parking spaces since
sufficient financing prevents them from meeting the subject condition
at the present time.
Commissioner Kraus stated that it was the feeling of the Design Review
Committee that the subject request for extension be granted.
Commissioner Smith stated that he would like some stipulation prohibiting
parking in the street in the area of':'the church.
Chairman Norton stated that,.perhaps, the City Council could require
that No Parking sign be posted along this area..
'Commissioner Kraus recommended that the matter be referred to the
Design Review Committee and continued to allow time for further study
and'to determine if the signs prohibiting parking would be feasiable.
Chairman Norton so directed.
Planning Commission Minutes - 25 May 1970 - Continued.
VIII. B. ORAL
Chairman Norton acknowledge'd, with pleasure, the presence of
Councilman Dwyer, FIrs. Ottenberg of the League of Women Voters,
FIrs. Stark and FIr. Frampton of the Good Government Group. He, also,
thanked FIrs. Stark for the. ~coffee to be served after the meeting.
IX. ADJOURNbIENT
Chairman Norton adjourned the meeting at 9:45 P.Mo
Respectfully submitted,
~~, Secreta*Y
Saratoga Planning Commission
]
-10-