HomeMy WebLinkAbout06-08-1970 Planning Commission Minutes/ CITY OF SARATOGA PLANNING COMMISSION
//
~' MINUTES
TIME: Monday, 8 June 1970, 7:30 P.M.
PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070
TYPE: Regular bieeting
I. ROUTINE ORGANIZATION
The meeting was called to order by Chairman Norton.
A. ROLL CALL ..
Present: Commissioners Crisp, Kraus, Lively, b~rtin, Metcalf, Norton, and Smith.
Absent: None..'-
Bo MINUTES
Commissioner Smith moved, seconded by Commissioner Lively, that the reading
of the minutes of the 25 ~y 1970 meeting be waived and they be approved as
distributed to the Commission subject to the following change:-
page 9. '.under VIII. A.. . paragraph 1. . .line 4.. .change the word
"sufficent" to "insufficient"; motion carried with Commissioner Metcalf abstaining.
II. PUBLIC HEARINGS
A. C-130 - Saratoga Foothills Development Corporation, Fruitvale Avenue -
Request for Change· of Zonigg from "R-I-40,000" (Single-Family
Residential) to "R-1-40,O00" "P-C" (Single-Family Residential
Planned Community) ~ Continued from 25 May 1970
Commissioner Smith stated that 1). the Subdivision Conmittee met again with
the Planning Committee of the City: Council and the Plannin~ Consultant~ ~.
Beck 2) [~. Beck submitted his central development plan including the forty-acre
parcel proposed for development by the applicant 3) the subject plan has been
submitted to the applicant for study and the applicant has agreed to give the
plan his consideration in order to. determine if it is feasible for the property
under consideration in connection with C-130 and 4) the Subdivision Committee
recommends that the matter be contzinued to the next regular meeting.
Chairman Norton, in view of the foregoing, did not open the public hearing,
directed that C-130 be continued to the next regular meeting and referred same
to the Subdivision Committee.
B. UP-187 - Shirley'Miller, Fifth Street - Request for Use Permit to Allow a
Pre-School Nursery - Continued from 25 May 1970
The Chairman re-opened the hearing' at 7:37 P.M. The Secretary read a communication
received from }~. David Morrison of 19590 June Lane stating he owned the apartment
building located at 14649 Oak Street which adjoins the property proposed for the
subject nursery school and advisin'g he is opposed to the subject request for Use
Permit for a pre-school nursery at. the prop?sed location due to the concentration·
of traffic on Fifth Street. , · ......
No one present in the audience wished to comment relative to this matter.
Commissioner Smith stated that the Subdivision Committree has reviewed the subject
Use Permit and they feel it should not be considered further until after the
General Plan Review, because of the possible effect of the subject property on
the proposed parking district.
· The applicant was not present.
-1-
p].annin5 Commission Minut~ - 8 June 1970 ~ Continued
°=II. B. UP-187 - Continued
Chairman Norton closed the hearing at 7:39 P.M. ,for the evening, directed UP-187
c6ntinued to the th,? meeting of 10 August 1970, and referred same to the Subdivi-
sion Committee.
(The applicant arrived later on in the evening and Chairman Norton explained
the action taken by. the Planning Con~nission relative to the subject application. )
III. BUILDING SITES AND SUBDIVISIONS
A. SDR-849 - Thomas L. Dashiell, Bohlman Road - Building Site Approval - 3 Lots
- Continued from 25 May!1970
Commissioner Smith stated that the necessary maps relative to this application
have not been submitted; therefore, it is recommended that SDR-849 be continued
to the next re~ula~ meeting.
Chairman Norton so directed.
B. SDR-852 - Thomas Ernandes, Saratoga-Sunnyvale Road - Building Site Approval
- 1 Lot - Continued from 25 ~y 1970
The Secretary read a letter received from the applicant :Te:'!,!..'.~ting that SDR-852
be withdrawn and stating that the '. applicant no longer ~7.i~i~ed ~'o divide his
landsafter reviewing the proposed. Conditions of approval.
Commissioner Smith moved, seconded by Commissioner Crisp, that the subject
request for ~ithdrawal be approved; motion carried unanimously.
C. SDR-853 - Donald Comer, Pierce Road - Building Site Approval - 4 Lots -
Continued from 25 May 1970
Commissioner Smith stated that the applicant has submitted the requested site
development plan relative to SDR-853.
_-. The Secretary stated the applican~ has revie~'ed the proposed conditions of
approval and expressed satisfacti.on ~ith same.
Commissioner Smith moved, seconde.d by Commissioner Crisp, that the Building
Site Committee Report dated 8 June 1970 relative to SDR-853 be adopted and.
that the tentative. map (Exhibit "A-i", filed 8 June 1970) be approved subject
to the conditi6ns set forth in said report; motion carried unanimously.
D. SDR-854 - Kenneth Gilbeau, Twin Creeks Road - Building Site Approval - 1 Lot
The applicant was present and sta.ted that 1) he had reviewed the proposed
conditions of approval and questioned Condition II-D relative to building
setback from the creek right-of-way 2) the Flood Control District has requested
he move the setback further back .than was originally stated in the easement
agreement 3) it is not practical to do so becasue of the slope of the property
and 4) Flood Control has, also, '.discussed the possibility of requiring the
building pad elevation to be raised; however, he has already raised it to a
higher level than others in the area.
Commissioner Smith stated that the Flood Control District may require a
higher foundation for the propose'd house.- .........
'The Secretary, in answer to an inquiry from Chairman Norton, stated that
1) the Flood Control District can ask the Planning Commission to impose
the aforementioned requests, but cannot specificalI]~ require the applicant to
meet same and 2) in the case of Franklin apartments a minimum pad elevation
was required in a situation similar to the applicants.
-2-
Planning Commission Minutes - 8 June 1970 - Continued
III. D. SDR-854 - Continued
Commissioner Crisp stated that there have been similar situations in the
City along Quito Road where pad elevations are higher than would normally
be expected.
The Secretary, in answer to an inquiry from Chairman Norton, stated that the
high bank on the property is located within the easement; thereby, meeting
the requirement that the building be located 15-feet from the high bank.
Chairman Norton suggested that a ~ itten acknowledgement be obtained from
the applicant stating that the applicant has been made aware of the Flogd
Control District request. Chairman Norton further stated that he would
request the Secretary to obtain an opinion from the City Attorney relative
to the amount of control Flood Control can exercise in such matters.
The applicant stated that he is not exactly sure. of what the Flood Control
requirement is; however, he is wiiling to do whatever is reasonable in
connection with development of his lot.
Commissioner Metcalf stated that a grading plan should be submitted since
there is considerable grading andbenching shown on the tentative map.
Chairman Norton recommended that Eondition II-I of the Building Site Committee
Report dated 8 June 1970 be amended to read as follows:
"I. Call for grading i~spection during site grading.
Engineered grading. plan required."
Commissioner Smith moved, seconde~ by Commissioner Kraus, that the Building
Site Committee Report dated 8 Jun'e 1970 relative to SDR--854 be adopted, as
amended, and that the tentative mpa (Exhibit "A", filed ii~ {~.'~./1970) be
approved subject to the conditions set forth in said re~,~>;it; motion carried
unanimously.
........... ~ "SDR~855 - Richard Riordan. Fr~it~ale Avenue - Building Site ApproVal - i Lot
Mr. Bernie Turgeon was present to represent the applicant and questioned
Condition II-C of the Building Site Committee Report dated 8 June 1970.
The Secretary stated that the subject condition would bring the subject
lot into conformance with the adjoining lot.
The Secretary, in answer to an inquiry from Chairman Norton, stated that
100-foot setback as stated in Condition II-I is required by the Public Works
Department since the possibility of a four-lane road is contemplated for
Fruitvale Avenue.
Chairman Norton added that with the 100-foot setback from the centerline of
Fruitvale Avenue the proposed building would be far enough back so that if the
four-lane road is constructed the problem of setback for same will
already be taken care of for the.applicant's property.
Commissioner Smith moved, seconded by Co~nissioner Kraus, that the Building
Site Committee Report dated 8 JuDe 1970 rela~e__to SDR-855 be adop~edJpd
that the t'entative'map (Exhibit 'z'A"V"{ff6~'29 May 1970) be approved subject
to the conditions set forth in s~id report; motion carried unanimously.
IV. DESIGN REVIEW z
None
V. CITY COUNCIL REPORT
Commissioner Crisp gave a summary of items reviewed and action taken at the City
Council meeting of 3 June 1970 with emphasis on matters of particular interest to
the Comnission.
-3-
~iapping Commission Minutes - 8 June 1970 -! Continued
PIANNING POLICY COI~,~ITTEE REPORT
Commissioner Kraus stated that 1) the report of the Executive Committee recommending
that San Jose be directed to abandon the feasibility of a full-scale airport for the
present was adopted at the meeting of 28 May 1970 2) it was, also, recommended that
San Jose be required to obtain the approval. of surrounding cities prior to proceeding
with any future airport proposals 3) Councilman Jerry Smith was elected Vice-Chairman
of the Planning Policy Committee for 1970-7'1 and 4) on 16 June 1970 in the City Council
Chambers a talk relative to hillside development will be given by an informed geologist.
VI. OLD BUSINESS
A. C-126 - Roger W. Ros~, Saratpga Hills Road - Referral of City Council
The Secretary stated that the City[ Council at the meeting of 29 [~y 1970
referred this matter (C-126) back 'to the Planning Commission with the
recommendation that the entire lower portion of the applicant's property be
included in the re-zoning rather t'han just enough area for one building site.
The Secretary then read the report' of the Planning Committee of the City
Council containing the aforementioned recommendation and further recommending
that the slope density standards be considered at the time of building site
application.
Commissioner Smith stated that 1) the Subdivision Committee did review
this matter further and met with the applicant and the adjacent property owner
(~. Fryer) and 2) the Subdivision Committee is in agreement with the
recommendation made by the Planning Committee of the City Council.
The Secretary read the Staff Report dated 8 June 1970 recommending that
1) the entire lower area of the applicant's property be included in the
re-zoning to "R-1-12,500" and 2) the matter of requiring more side~yard
setback for the subject property be considered under site-apprOval application.
Chairman Norton inquired about the' problems existing relative to setback
requirements.
The Secretary answered that the ad;jacent (Fryers) have requested that a greater
setback than is.normally required be stipulated for the ~pplicant~ building site.
The Secretary explained that the applicant will have six-thousand additional
square feet for his total lot area; however, this would not be sufficient
area to provide two building sites.
Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff
Report dated 8 June 1970 relative to C-126 be adopted and the recommendation
that the applicant's entire lower property be included in the re-zoning to
"R-1-12,500" thus making the zoniBg change strictly in conformance with the
General Plan, be forwarded to the City Council as the recommecation qf the
Planning Commission; motion carrie~" Unanimously.
B. ~olf ~riving Range on the Miljevich Property Between Calabazas Creek and the
Southern Pacific Railroad Tracks
Commissioner Smith stated that 1) the request to allow a golf driving range
in.Saratoga was referred to the Subdivision Committee to determine if an
Informal Hearing should be-schedu!ed---2-)--th~s-ma-~-ter-has-been-d'~scu's'se~ with.
the applicant and he has submitted a sketch of the proposed driving range
3) the driving range would be 300-feet by ~ds of green area in size
and would involve cleaning up ~e area aro nd the Hansen Garage and elimination
of the existing fruit stand 4) the disadv ntages would be the high fence
around the driving range 5) th City now has a 20-foot height limitation for
the "C-V" Zoning District; howev r, the ~ plicant's sketch shows a 35-foot
fence and 6) the recommendation f the ~ivision Committee is that
n informal hearing not be held.
,aVi. B Golf Drivin~ Rang~e - Continued "
The Secretary explained that he died discuss the matter with the applicant
and the property o~,:ner and it . is ltheir request that the PlanninK Commission
consider the matter at an Informal. Hearing since the applicant would endeavor
to adjust the fence height to meet' the City's requirements.
Commissioner Kraus stated that the flood lights used to light up the driving
.'range may present some problems to the nearby residents.
Mrs. Ottenberg of the League of Women Voters stated that she has seen some
driving ranges where they have use'd nets within the property lines instead
of regular fencing.
Chairman Norton recommended that any members of the Planning Commission
who have not seen the property ma~e an effort to do so. in order to determine
whether anything can be accomplished by scheduling an informal Hearing rela-
tive to the subject request.
VII. NEW BUSINESS
A. SDR-793 - Charles McKo~, Saratog~ Hills Road - Request for Extension
The Secretary stated that the applicant has submitted a letter requesting
an extension of one (1) year for SDR-793.
Co~issioner Crisp moved, seconded by Co~issioner Kraus, that a one (1)
year extension from the current date of expiration be granted for SDR-793;
motion carried unanimously.
B. SDR-794 - Brian Ca~e - Carniel Avenue - Request for Modification of Condition
The Secretary stated that the o~.mer of the property (~. Clark) has requested
that the requirement for rolled curb and 36-inch gutter ~ ~aived on the basis
that the requirement would be inconsistent with the curb and gutter already
in place. in the area.
Commissioner Smith stated that the Subdivision Co~mittee has reviewed the
subject request with the Department of Public Works and the only change
recommended is that the following be added to Condition II-A of the Building
Site Co~ittee Report dated 13 January 1969:
"as approved by the Department of Public Works."
The Secretary stated that the applicant prefers that a 24-inch vertical
curb and gutter or the County of Santa Clara rolled curb be substituted
for the R-36 ~urb and gutter requested in the Building Site Committee Report
dated 13 January 1969.
CoEissioner Smith moved, seconded by Co~issioner Crisp, that the Condition
II-A of the Building Site .Co~ittee Report dated 13 January 1969 be amended
by adding "as approved by Department of Public Works."; motion carried unani-
mous ly.
VIII. CO}~NI~TIONS
A. SDR- 79 1 - Nea 1 Kirk~.Q~ Sob el. R2~ 7. ,gg=q~_S~_._f.Q~Ex.t.ens.i.on '-
The Secretary stated that }~. ~'ir[ham submitted a letter requesting an
extension of one (1) year for his:Building Site Approval SDR-791. The
Secretary recogended that the subject request be referred to the Subdivision
Comittee for study.
Chairman Norton so directed.
-5-
._
-VIII. A. 1. UP-185 - Katherine Cain, Austin Way - Letter of Appreciation
The Secretary stated that a letter was received from ~trs. Cain thanking
the Planning Cormnission for approving her Use Permit for a Montessori
Pre-School and stating she had received two calls from Saratoga Mothers
relative to placing their youngsters in the school.
.
B. ORAL
1. General Plan Committee Meetin~
Co~issioner Lively stated that he would like to set up a meeting of
the General Plan Committee for Saturday, 13 June 1970.
C~issioners Metcalf and Smith (members of the General Plan Committee)
both indicated they would be. able to meet on the date suggested by
Co~issioner Lively.
2. Drop-In Center
Comissioner Lively inquired if the other Co~issioners had received
unsigned letters relative to the Drop-In Center for Addicts under
consideration by a group called Co~unications West, Inc...
The: other' Commissioners indicated they had received such communications
stating opposition to the Drop-In Center.
Chairman Norton stated that it should be made clear that the Planning
Co~ission cannot consider these letters since they are not signed.
3. Guests
Chairman Norton acknowledged, with pleasure, the presence of Councilman
Bridges, ~s. Ottenberg of the League of Women Votc:~', ~ ~:. Wilberding and
Colonel Mayfield of the Good: Government Group. He} also, thanked ~s.
Wilberding for the coffee t0, be served after the meeting.
IX. ADJOUR~NT ........ : .' ...'
Chairman Norton ·adjourned the meeting at 8:48 P.M.
Respectfully submitted,
Saratoga Planning Commission
j
-6-