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Home My WebLink About08-10-1970 Planning Commission Minutes........ CITY'OF SAPJ~TOGA PL~NNIi']G CO~.R, IISSION MINUTES TIb~: Monday, 10 August 1970, 7:30 P.M. PLACE:' City Council Chambers, 13777 Fruitvale Avenue, Saratoga.', California 95070 TYPE: Regular Meeting I. ROM'INE ORGANIZATION The meeting was called to order by Chairman Norton. A. ROLL CALL Present:Con~issioners'Crisp, ~aus, Lively, Martin, Metcalf, Norton, and Smith. AbSent: None. B. MINUTES 'Chairman Norto~ noted that the.minutes of the 27 July 1970 meeting were not in.the usual form due. to the absence of the regular recording Secretary, ~.Irs. Loher. He further noted that Mrs. Loher has ret'urned from her vacation and'will be ~oin~ the minutes for tonight's meeting. . Commissioner Smith moved, secohded by Comn~issioner Lively, 'that the 'reading of the minutes of the 27 July 1970 raeeting be wiaved and they be approved as distributed to th~ Commission; motion carried with Commissioner Kraus abstaining.. II. PUBLIC }lEARINGS A. GENERAL PL~,~I REVIEW FOR ].970 -' Continued from 27 July 1970 Chairman Norton re-opened the hearing at 7:36 P.M. The Secretary stated that no new cor~unications had been received. lChairmJ-n Norton explained that' he would read (section by section) the General Plan Report dated 10 August 1970 and would suggest that anyone wishing to make comments do so at tlhe time the..appropriate section is brought up during the reading.. {The subject Gener~-I Plan Report dated 10 August 1970 is attached to ~hese minutes for reference purposes only since it ~as not approved an~ adopted at this meeting.) ~hairn~an ~Iorton read the'.recoj~endations listed under ~he following sectiopsof the subject General Plan Report: I. ~ND USE ~ · . , No one present wished to com. r~ent relative to the aforementioned sections. Chairman ~iorton then read item I. A. 4. and noted that no specific recommendation iS made relative no the Elgin ~pitaI request to change the General Plan to indicate that the area at 6th and Big Basin Way be used for parking rati~er than "R-~I". Con~,~issioner Lively stated tb.a~ a specific reco~.mendation will be made on this matter (Elgin Capital request)-after a traffic survey of the area 'is completed. pl__l,~nni~_n_F,__Commission Minutes - 10 August 1970 - Continued II. A. GENERAL PLaN REVIEW - Continued Chairman Norton then referred to sections I. B., C... and D. of the subject report and noted tha~ no changes are 'recon~mended in these categories for the request' made. relative to a convalescent hospital ~,;ith m~dical of~.ices on' the. Bi!la~.:ala property on Souza lane. Cosmissioner Lively explained that a cgnvalescent hospital can be placed on the subject property u'nder the current zoning. He further explained that no change in the i"P-A" zoning seemed necessary at this time since there is sufficient undeveloped "P-A" zoning available. ~. Noorudin Billa~,~ala ~.~as present .in connection ~.~ith the conval~~scent hospital along ~.:ith medical offices proposed for the. property at Souza bne and Quito Road and requested that discussion on the matter be postponed until his attorney, ~'~. Berliner, could be present. ~.'Chairman Norton stated that ~. Berliner did make a full pr'esentation 'before and it ~.~_~s_.doubtful that 'z any more could be added. The Secretary, ~n answer to an inquiry from Chairman NOrton, S~ated that the State High~.:ay Department has not made available a specific plan line for the proposed .freeway in that area. At 7:50 P.M. Com~,~issioner Martin had to leave to catch a plane 'and Chairman Mort'on stated he ~;as grateful that Commissioner Martin did attend for the time that he could. .. .. ~hairman Norton then read Section II. A. 1. of the subject General Plan Report and noted that the :General Plan Committee is of the .. ...... opinion that professional help should be' sought to determine the feasibility of peripheral parking districts Combined with' no parking on Big Basin Way. Chairman Norton noted in connection with Section II. A. 2 that it would '~e helpful if the results of the traffic study made relative to. Fruitvale Avenue could be made available for review. .. '= The Secretary explained that the Public Works Department has made a presentation to the Council relative to the subject traffic study; ~o~ever. a ~Titten report has,' as yet, not been pr'epared. The Secretary further explained that the traffic study reCom=T~ends that Fruitvale Avenue Be improved to a four-lane road. ~om~issioner Metcalf stated that 1) he felt it would be a grave mistake ~o widen Fruitvale Avenue for 'four-lane traffic and 2) he felt ~he rush ~our traffic should be ~ranged ~o flo~' off Saratoga Avenue and Fruitvale Avenue as far as San l,~rcos Road and over Allendale Avenue from the ~st. ~hairman Norton stated that 1) Fruitvale Avenue experiences fairly heavy traffic in a fe~ peak hours and rush hour traffic cannot be coped ~ith by building more roads 2)" he ~-as satisfied with the reco~z~n~tion :rode in the General plan-.Report- ~o~missioner Lively stated that he fel~ the firgur~ in the traffic' study are marginal and he would' recommend that Fruitvale Avenue remain a two-lane thoroughfare. Chairman Norton read Section II. B. ~o one 'wished to m~ke any c~ents relStive to this Section. ' .... ~hai~man Norton then read Section Ill. ~opulatiop~ and noted that the population increase in 1970 was approximately 1-~00 more than the 1969 projection. .. -Z- ~ . II. A. G~jI~Et~,t,I~ PiA~ REVII:~.I - Continued ehair~nat~ Norton rc, ad Section I~ of the Oeneral Plan Report and then stat;~d -' that the Initial }Iousing Element Report referred to under S~ction IV' should be formally added to the Ge~eral Plan. " The Secretary e>:plained that the Initial }lousi~ Element }tepox-t is Very lengthy. Con~missioner Lively explained that this Section IV. ~-zas intended to satisfy the State ~,2 requiren~ents relative to housing. Chairwoman ~Iorton stated that 1) the 'State ~.z has required that there be some definite language in the General Plan for all housing elements provide housing for all ecogomic levels 2) he ~;ou].d suggest that Section IV be an~ended as follo~.zs: '- sentence 1. .be aad~d as follo~.z~: ' : '- "We reco~mend this statentent for inclusion in the General Plan on interim basis." "' main paragraph. .quote marks to be placed before the ~zord Continuously and after the ~.~ord areas; ; "has" main paragraph.. .line 4. . .change the ~,lord to' "have". The. Secretary stated .the >it. Ernest T. BarGe, Jr. ~.zas present ~d ~.zished ~o co~nment relative to. Section 'IV.'.in connection ~zith his Change of Zonit~g application C-131. ¢o~issioner Li~,ely .explained that the General Plan Committee did meet with }~r. Barco for the purpose of discrosSing Senior Citizen Developments. tie further stated that they reviewed considerations suc[~ as I) age groups 2) conditions of site approval 3) traffic patterns 4) neighbors 5) sizes of buildings 6) sizes of plots 7) economic features and 8) the possibility' of sites other than the ones proposed by ],~. Barco._ He ~;ent on to say that i~ is the reco=,aendation of the General Plat~ Committee that no cb. anges be "R "" Zoning since there is sufficient "R ~[" zoning made a~ .this time in the -,,, . ', . in the City that is not yet developed. . ~hairman Norton stated that it waS'his-understanding then tha~ ~he General .Plan Committee is prepared to say that the present "R-~i" zoning is suitable for a Retirement Comcaunity such as the one propose8 by ~2. Barco. ~o~issioner Lively stated that there are suitable areas' in the City zone~ "R-M' :hat could be developed for: Senior Citizen developments. Commissioners >[etcalf and Smith, as nten:bers of :he General Plan Co~sit:ee, agreed ~,ith Commissioner Lively, Chairma~ of the General Plan Contmi~[ee. ~he Secretary read a letter suba~itte8 by ~. BarGe dated 10 Augus~ 1970 re.~uesting that his property on Allendaly Avenue be designated for Senior ~itizen Housing on the General Plan. ~. BarGe, in ansi, or ~o an i~quiry from Chairman Norton, stated that ~h.~ prop~r::.' on Allendale ~,venue is ,~ithin a t~-o-aile radius of shopping and other' coraercial ~acilities. Chairman Norton a~su~red [hat, probably, every site in Saratoga c,=uld c!ain :ha[ it ~,as ,,zithin a two-nile radius of [he needed facilities, huh ~vaa so it would b~ too far for a Senior Citizen ~o ~?Ik and it ~'~s brou~'..: up sometime ago :hat idea!iy a SenioL- Citizen Facility should be ~ic'-:"- ~is~ance of shopping and medical facilities, etc. The Secretary, in ansi'or to a request from >~. Barco, confirmed lhat on the substantial "R->I' property left in Saratoga apartn~ents being ~onstructed on these and/or plans for construction have been made. further ~tated :hat only property along Oa~: Street is still con~pletely avai' .~. -~- plan[~in_~g Commission Minntes - 10 Aug_tLst 1970 - Continued II. A. GENERAL PLAN REVIEW - Continued The Secretary, in answer to a~ inquiry from Chairman Norton, stated ' that there are other areas in: the City that ~.:ould. be-suitable for a Senior Citizen Development, but they are not zoned f'or "R-M" such as: 1) the Caleb Property 2) Kosich Property 3) Miljevich Property, 4) Falcone-Ormando Property and 5) 'Teresi Property. · Barco stated that 1) he discussed· Senior Citizen tlousing ~.:ith managers of such develop:nents ap.d he ~..~as informed that the most consideration in these type of developments are f'ore security, 'privacy, Open ground, and no traffic 2) in a recent housing survey made by ~'·' the County of Santa Clara there is this statement "Age is the·greatest 'leveler for all minorities." =3) other Senior Citizen·Developments in [he San Jose area have long ~jaiting lists and 4) Kr. }.h-cMahon, member ~f the Governor's Commission !for the Aging, was present and ~7ould like tO address the planning Co.~n~ission. . Mr. MacHahon, University Avenue, Los Gatos, stated that 1) the matter ' 'of Senior Citizen Housing·has been a football ever since he ~.~as a· candidate for the City Council in 1964 2) in the six years since then the General Plan'has not indicat.ed any move tO take care of the lower ' income senior citizen 3) the sedior citizens are being driven out of the community, because they cannot find suitable housing· 4) there is a senior citizen develoPmentc in t!alf Moon Bay, but it has a long waiting list 5) property valuedare donstantly rising and the par¢'els recommended by the General Plan Committee for senior citizen .ho~-.'~·ir'-g a~:e undesirable · -. and 6) it is time Saratoga did something constructive· to help its senior citizens. ~rs. Mildred ~arton, 19265 Monte Vista Drive, stated that 1) she has lived in Saratoga for a long' time 2) she can remember' ~..'hen ttie entrance sign to the City listed the population at 1750 3) her family has had a · great interest in the City and has been proud of the ~,~ay the·Planning Commission has maintained the rural atmosphere in the City 4) she · served as Vice-Chairman of the Committee that drafted the first Master ~lan and the first revision =of same for the City 5) she feels that it should not be a rigid, unalterable document, but rather a set of guide lines 6) she did not mean that the plan should be changed to please : each· individual request. but in some situations the ~ster Plan should be reconsidered 7) ~,hen she s~rved on the first' General Plan Com. raittee "' somebody n'..ade the statement that "if older citizens cannot afford to live in Saratoga then let them live somewhere else" and' sb.e h~s resented this philosophy ever since 8) she supported }~. Barco when he came to the West Valley Junior College Board to request (and was granted) per- mission to use a road (located on the college property) for an. access road for the proposed senior citizen development 9) not everyone carl' afford to pay exhorbitant rents and taxes when they retire and 10) she hoped that the Planning Comznission would carefully consider the proposal made by }h~. Barco. ~s. J. Sitney, 20306 Craigen Circle, was ~resent and stated that ~- 1) she too has been very active in civic affairs and is intereste~ in obtaining some type·of senior citizen facility for Saratoga 2) she has observed in the past five to eight years that the citizens who . ~ave done some top jobs for the City and then have had to leave because no suitable housing ~'as available for them 3) it, perh~.'.'-~, ~arnishes the ~mage of the City a little ~'hen the senior citizens' :':-~'% move froa a place they have lived most of ~heir lives. i~lann~fi~Jv.; Co;::p:i. ssion Minu~es - 10 A:,L~ t 1970 - Continued ' II. A. GENEFJ~L PiAN REVIEW - Contipued 1.:r. Jerry 1.|onroe, Saratoga citizen, stated th~:t 1). th'e City has an opportunity to have more than one senior citizen developraent by starting ~:ith the one proposed by Mr. Batch and keeping in mind the other locations proposed for the said use by .the General Plan Co~p~:ittee 2) it is up to the Plannin~ Comp~ission, as representatives of the citizens of Saratoga, to provide the means by ~.:hich' this facility can become a reality and 3) t.~r. Barco is ready to proceed with his proposal and should be allm.:ed to do so as soon as possible. Mr. Robert Clancoy, 15185 Pepper Lane, stated that 1) he has lived in Saratoga for eleven years 2). by allowing this ·senior citizen develop- merit the City of Saratoga has the opport. unity to show that it cares for older people and' 2) h~ heartily endorses 1.1r. Barco's plan even though he had not heard. of the plan prior t,o this meeting. Chairman Norton 'stated that i) the General Plan does not make special mention of senior citizen developments; however~ it does. provide. for "R ';" Zoning Distircts 2) the ordiBance also provides :same in the -~. , , for "P-C" (planned-Comn;unity) developments v:hich was proposed prir.:arily as a vehicle to allot senior citizen developn:ents in the City, .unfortunately, it has.not been so used and 3) the. fact that the General Plan l·~p of: the :City .do=-s not deal specifically ~.:ith senior .citizen developments does not mean 'that the City has no provision for same. Chairman Norton then read Section V. (Schools) and noted there were no changes' made from the original draft of the General Plan Report. Chairman Norton read Section IV. A. and B. (parks', Trails and Pathways) Commissioner Lively stated that this matter was given careful consideration and in view of the results of the recent bond elect. ie~: ~.~':d the suggestion of the City Council the General Plan Co~n:nittee arrived at the recon:mendation as stated in Section VI. A. of the General Plan Committee Report dated 10 August 1970. Chairman Norton read Section VIII, (Annexation) and no one present %,ish'ed to con:ment relative to same. Commissioner Lively then sta'ted' that the General Plan Co~_mittee would like to recon:mend the addition of two new paragraphs to the subject General Plan Report as follows: VIII. ZONING C~A~TGES RE DENSITY The General Plan Cor~?ittee reco~.-.~ends that the Saratoga General Plan be observed both' in fact and in spirit. No zoning changes or 'uses should.be allowed which do not confirm to this plan in actual or visual density, or do no~ provide an aesthetic' environr.~ent compatible ~:ith existing neighborhoods. IX SENIOR CITIZEN H~,i~S~YG This Committee reCOgnizes the need for housing facilities for Senior Citizens and we recommend that the City encourage the " development of such facilities under the Planned Community class- ification of Ordinance NS-3, Article 4A. Chairm~-n Norton stated that 1) perhzp~ further consideration should be given to the City Council request to the Plannin= Cor.=...nission to consider senior citizens' needs and 2) he is sorry that the G-~neral Plan' Committee did not consider, in more detail, sore,2 other area considered 'appropriate for Senior Citizen Housing. He further stated that he is not sure he liked the recommendation .made in the General Plan Report relative to the property at Sixth Street and Big Basin Way. pla___n_ni~jf~ Commi. ssio:~ Minutes - 10 Au.gt, st 1970 - Con'zinued --- . II. A. GENERAL PLAN REVIEW - Continued '- Commissioner Kraus stated that' 1). aft'er reviewing the General Plan Report figures relative to "R-M" zoning he finds that quite a number of the properties supp6sedlY available are either currently under construction or plans for dev'elopmen~ at some future date, are being considered and 2) due [o extremely expensive and steaclily rising land costs he feels that the matter of senior citizen housing should be given careful cons.ideration. .. . The Sedreta~y .Stated that he' had heard that the property no~.~ owned By -Cal-WeSt will be developed very soon and the price per apartment unit.~ill be appr0ximaeelY.$35,000.00' ... : . v. · .... 7 7 7 ' i. i . , '~hairma~ 'Norto~ ~[ated 'that 1)-'tt~e'Barco proposal would, in effect, be. apartmentl~rentals at lox.~er prices than any other in Saratoga . . .. assistance and he did' not feel the citizens of Saratoga ~ould. 'kive'~ .project of' ~hat typ~ a' majority vote and' 3) maybe recognition " should be given to the 'faC~'..that Saratoga is not an inexpensive place in which to .: live. , ., . dommissioner' Lively stated .th"at he w6uld recoma~end that the General Plan Revie%.: be continued to t'he meeting of 24 ~lug~ t 1970 in order to allow time to consider 1) .. the t'x,~o addtional Sections ~II. and IX. re.commended .for inclusion in the General Plan Committee Report. and 2) the comments ready by ~Commissioner Kraus relative to the actual _ .properties remaining available for development in "R-M". Zoning Districts. Chairman Norton closed the hearing for. the evening at 9:09 P.M., continued the General Plan Review to the next regular meeting and referred same back 'to the General Plan 'Comraittee fo~' ~urther study. Commissioner Lively, as Chairman of the General Plan Con~n~ittee, arranged for a General Plan Corn~nitte'e meeting for 4:00 P.M. on Wednesday 19 August 1970. B. C-132 - Tire Service Company, Prospect Road - Request for'Change of Zoning from "R-l-10,000" (Single-Family Residential) to "C-N" (Ne i ~hb orhoed -Co~nmer c ia 1. ) .. Chairman Norton opened the hearing in connection with C-132 at 9:10 P.M. The Secretary stated the Notice of Hearing ~-as mailed and published'and ~hen briefly revie~'ed the subject application. No one ~,as present to represent the applicant. . The Secretary read a ~tatement of Reason filed by the applicant. The Secretary, in answer to an inquiry from Co~3. issioner Smith, stated that the remaining 20,000 square foot area of this proper~'retained by ~- ~he Saratoga Avenue Baptist Church is used for-over flow parking. ~o~missioner 'Smith stated that some consideration should be given to ~he remaining portion of this property and if a rezoning application for same will have to be considered at a later date. .' The Secretary, in ans;.;er to an inquiry from Cor=missioner Metcalf, stated ~hat the Subject proper~7 does not have 'any foreseeable access problem; however, all th~ plans could be checked for same at the' time of Design Review Approval. , ..... .... .: -6- Plsuuing Comn~ission L'inutes 10 AuEust 1970 - Continued II..B, C-132 - Continued Mr. Frank I, leilson, m. anagcr of the' Gra~d Auto Store, was present and stated that 1) he represen[s (a) Mrs. Patrick,. landow~er adjacent to the property o~,med by the applicant and (b) the Grand A~,to Store located "near the applicant's property 2) . the widening of Prospect Road ~:ill decrease the size of the applican.t's property and this will hamper the ingress and egress from the said area and 3) the topography is, also, a problem in that it has to be le.veld down so the plot is on the same level as others ·in the· area. · The Secretary, in ans~.;er to an inquiry from Chairman Norton, stated that the applicant's plan does ·indicat:e sufficien't ·parking; however, eight park.ing spaces are located inside the building. ChairSnan Norton stated he would h'esitate to approve '·a Change of Zoning for a piece of property that would turn out to be too small for the Use ProPOsed' Z.. Mr'. James Naugle, 12072 Ingrid court, Stated that 1) he was present to represent the Pri.des Crossing Homeo~.mer's Association 2) there has been indication that this entire area 'could be made aesthetically more pleasing 3) representatives of the Home. o~.~er's Association have discussed this .. matter ~.;ith the representatives 6f the Safeway Store and they seemed quite receptive' to the idea 4) Grand Auto has been mailed letters r~lative .to retaining the aesthetic appearance of ·their bUildin~ and 5] the ttomeo~mer's Association would like to see th-~ entire are~upgraded. and not allow the example set by San Jose to dominate the area.- Chairman Norton closed the hearing for the evening at ~,:26 t, ,;, directed C-132 continued to the next regular mee~.ing and referred same to the Sub- division Conm~.ittee for study... ..,. " C. UP-191 - Bro~.,m & Kauffmann, Brockton Lane - Request for Use Permit to Allow a Model Home Sales Office - Continued ·from 27 July 1970 The Chail'man re-opened the hearing at 9:27 P.M. The Secretary stated that nothing ne~·; had been added to this file and recommended that the matter be continued on the basis that 1) Bro~m'.and Kau~fmann have, to date, failed to meet commitmentsn~-ade by thera for ~ providing permanent maintenance of signs and the·entry-.~Y°' at Prides C~ossing; furthermore, they are operating the requested sales office illegally at the present time. No one' was present to represent the applicant. Mr. Naugle stated that t0 the present the only contact that has been made By Brown and KauffF3-nn with the Prides Crossing Homeo~e~'s Association was ~ne month ago when the "Qui~k Claim Deed" for the subdivision entry-sign ~'as transferred to the Hom-~o~¥~ner's Association. He further stated tha,~ :~ny inquiries have been made to determine what the delay was relative to meeting the Use Permit requirements but no response was received from Bro~ a~d Kauffmann. Chairman Norton requested the Planning Director to take measures to eliminate ~he illegal operation of the sales office now operated by the applicant. Chairm~-n Norton closed the hearing for the evening at 9:30 P.M., directed UP-191 continued to the next regular meeting and referred same ~o the Sub- division CoD~ittee for. study. pianni!~_/I Co.'.:m:ission Mj. nutcs - ].O__~u~.Just 1970- Continued II. D. UP-192 - St. Patrick Fatt:ers Missionary Society, Eric Drive - Request for Use, Permit to Alloy a Priest Parish ].{oL:se Chairman Norton opened the hearing relative to UP-192 at 9:31 P.M. · The Secretary stated the Notice of }learing ~.;as n'..ailed. The Secretary further " stated that Parish House may not be the most specific term to use in. connection ~.:ith this .request, but the building does serve a church affiliated use in a residential district; therefore, a Use Permit is required. Father Dillon, applicant's representative, stated that 1) his group 'represents a foreign missionary society 2). their .presence in the United States is for the purpose of raising funds for mis-sions,'hospitals, schools, etc. in the foreign countries they serve 3) they ~.2ere invited by the Church of Ascension to come to Saratoga and they use' ehe subject building primarily for their residence 4) at present there are three priests i living and working. out of this residence and 5). they visit various' parishes, clubs, schools, etc. in the area in an' effort to. raise funds for their project. .. The Secretary explained that 1) originally it ~:as understood that the house : -would be used as aresidence only 2) it has been brought out now that people are invited to come to the residence-office for business purposes 3) he dis- -. cussed the subject request with the City Attorney and he felt that it did not qualify as a hom~ occupation and a Use Permit should be obtainc~t for said use. of the residence and 4) the applicant has, also, applied for a Variance to utilize the garage for expansion of 'an' office use ~.;hich ~.;ould include a reception type room and study. "" Com,~issioner Metcalf commented that it ~.:as his feeling that this use. of the property borders on a commercial use in a residential area. Father Dillon, in ans~,;er to an inquiry from Chairman Norton, stated that the priests do not say' their Z.~:ss at the subject residence, but instead' go to the Church of Ascension t~ fulfill this service. Commissioner'Smith recon:mended that Father Dillon arrange to meet .with the Subdivision Co~.r:mittee to further discuss this matter. }~. Madhu D?sai, 19499 Eric Drive, stated that 1) he lived across the street from Father Dillon and he wished he di'd not have to appear to protest the subject request 2) he felt very strongly for the Catholic Church and its principles; however, he does feel the subject use does invade the residential privacy of the adjoining neighbors 3) he did have a petition with twenty (20) signatures opposing the subject request and 4) he would like to read the subject petition and he. · . ~id so and then filed it with the Secretary to made part of the permanent record. The Secretary explained that a portion of the garage alteration has already been made and Father Dillon was informed. that any.~hing in violation of the Zoning Ordinance would have to be removed and it was his understanding that Father Dillon had removed the portion 'of the use that was in violation. ~[r. Desai stated that a portion of the vio!ati6n had indeed been removed. · ~Irs. Milton Cooke, 19671 Ashton Court, stated that.it had come to her attention that the office space would be used as a working area for a Secretary. · Father Dillon explained that a girl doing house keeping and typing would be employed. l~la. jnn__i_~n~{ Commission Minutes - 10 Au[;.~ist 1970 -Contj. nuod II D UP-192 - Continued ...... The Secretary read a letter received in opposition to the propo§ed application and signed by nine (9) residents of the area in Prid~.s Cros~<ing. ~s. 'Mary Daley of 1521 Paterson AVenue ~.:as present and stated that she was a member of the Church of Ascension and wondered (if no alterations ~-:ere made to the structure) what difference it n:ade if Father Dillou did his work in the garage as opposed to any other hon:'eo~:ner.d0ing carpentry work or repairing ara,~e? of cars in his g o .o Chairman Norton explained that' 1) even without t!~e alterations it is not per- mitted to employee anyone for the' purpose of conducting a business from your residence 2) people x.:orking in their garage are performing tasks directly affiliate~ to themselves or their family and not for the purpose of obtain- ing fund s. ' Mr. Raymond Muzzy, 19518 Eric Drive, stated that he lived next door to the applicant and has found them to be very good neighbors, but he is opposed to the req[~ested use for the subject structure since he does not believe it is in conformance with the City of Saratoga Zo!~ing Ordinance. Mr, Daniel M~ Popylisen, 19642 Ascension Drix;e, stated that 1) he is a friend. of'Father Dillon's and ~:hen the Arch-diocese gave him permiss:ion to.proceed " with the missionary cause they should have provided him ~,:ith an appropriate piece of property 2) if this request is granted it. would coni.:titute spot zoning 3) if this use is permitted then similar uses ~.:ill b;' rcq~:cstcd for .. other houses located on' the church property and 4) he is opposed to the .' subject request for Use Permit. Chairman Norton Closed the hearing for the evening at 9:55 P.M., referred IJP-192 to the Subdivision Co,.nmittee for study and directed same contined to the next regular meeting. RECESS AND P, ECONVENE E.: 'I}IFOR~L'~L H'D~P, ING - Veterans of Foreign ~;ars, Post #7390 - Request to Add Meeting Hall as a Permitted or Conditional Use in the "C-N" (Meighborhood-Co~ercial) Zoning Distri'ct - Continued from 27 July 1970 Chairman Norton declared the matter open for discussion. The Secretary stated no~,~ing new had been added to the file. Mr. Ed Willjams, present to represent the applicant, stated that s/nc.e the were now unable to'obtain the lease for the building they would like tO withdraw the subject request. Chairman Norton stated that 1) he was sorry' that it was necessary to withdraw the subject request since the planning Commission looks favor'ably upon this organization and 2) perhaps the use should be added anyway. . n 1 ' Com~issioner Cris9 a~re~d and stated 'that it may' be that subseque ~ Y the applicant may fiud a builaind and then the Use will already be permitted and it will not be necessary to go throug*a the entire procedure again. ~[r. Wi!liams stated that they would continue to look for a place in the "C-M" (~eighborh°cd'C°~2~'~'ercial) Zoning Discriot. The Assistant Planner read the Staff Report dated 10 August 1970 ~ng that meeting places be added to the list of Conditional Uses in the "C-M" (14eighborhood-Co~'-.~ercial) Zonin'g Districts. -9- II. E. Inforn:al l!earing.- Continued: Co:,nmissioner Smith reco:nm. ended that the following be deleted from _. paragraph 2. . .of the subject Staff Report. . ."l:ieeti'ng Places for service clubs or other organizations". · .and instead insert n · "l, Ieeti g Halls" Commissioner Smith moved, seconded bY' co:nmissioner Crisp, to adopt, as amended, the Staff P, eport dated 10 August 1970 recomp.~.ending tb. at "Meet' g Halls" ~n be added to the list of Conditional Uses in the "C-N" (Neighborhood-Comn~ercial). Zoning Districts for the reasons stated in said report; motion carried unanimously. .. F. Up-193 -Veterans of Foreign, Wars, Post :.~7390, Cox Avenue -Request for Use Permit to Allo~-; a I. ieetinf~_Hall " Chairman Norton, in view.of 'the foregoing, stated that he assumed that :" ':" this application .should,' alS'o, be ~.:ithdra~m; therefore, the public hearing ::" ' x{eed not be opened. 'He then:. inquired whether the applicant could obtain a refund of his filing fee.. 'The Secretary answered that '.the filing fee might be applied t0'a futur-e ._-. application.for Use Permit for said use. ' Mr. Ed Williams, Applicant 'S representative, requested that UP-193 be withdra~.;n. Con~miSsioner Smith moved, seconded by Com,,nissioner Crisp, that the request for withdrawal in c6nnection with UP-193 be.approved; motion .-- carried unanimous ly ~ G. V-350 - Ia~.~e~ce L. 'AbruZzini, Old ·Tree ~.7ay - Request for Variance t0' Allow a Reduction ih Side Yard Setback Requirements Chairman Norton opened the hearing at i0:23 P.M. The ~:::,cretary stated the Notice of Hearing was mailed and then briefly review.='d the subject application. He further stated that the 'applicant had submitted a Statement of Reason in connection with the requested Variance. }~. Abruzzini, the applicant, ~.:as present and stated that 1) a Variance " is necessary to construct a. pool along.the rear portion of the side yard on his property 2) placing it close to the house could weaken the foundation 3) the rear portion of the lot eads on the brink of a steep bank along which grow many ·large Oak trees and 4) if the pool were placed in this area it might cause erosion and possible loss of all the trees. The Secretary, in answer to' an inquiry from Chair~n Norton, stated that there is a Flood Control ~sem~nt through this. property; ho~zever, it would not interfere with the subject requPst. }~. Abruzzini stated that there is nothing to the rear of the lot since the rear portion is landlocked. ': Mr. ~lvadore Liccardo, 13744 Howen '~ive, staled that .1) he was familar with the applfcants' property since he o~,~s the adjoining land ~) he is in favor of granting the subject Variance since· the applicant -has-endeavored to make the property aesthetically attractive and 3) 'he feels that the area available for the pool location without the Variance would be hazardous. Chairman Norton closed the hearing for ~he evening at 10:34 directed V-350 continued to the next regular meeting, and referred same to the Variance Con~:~ittec for study. Cobissloner ~aus, on behalf of the Variance Con~a~ittee, arranged for an appointment with the applicant for an on-site inspection of the site for 9:00 A.M. on Saturday, 15 August 1970. II. II. V-351 - St. Partick Father.~ Missionary Society, F. ric Drive - Request for Variance to Allo~.l Conversion of One Existing Garage for a StuclX '-Chairmzu~'Norton, in view of .the fact that this application is contingent on the final action r~lative to UP-192 did not open' the hearing for V-351 and directed the matter continued to the next regular meeting. Ill. BUILD!I.iG SITES ~.1'ID SUBD!VISIOi'iS. A. SDR-849 - Thomas L. Dashiell, Bohln~an Road - Building Site Approval - Revised Tentative l.fa~ - 3 Lots "'Commissioner Smith reco:nmend'ed that SDi~-849 be continued to the next .regular meeting to allow time for further study. -Chairman 1~ort~n' so directed'. B. .;SD~{-859 - Roger W. Ross, Saratoga Hills Rond - Building Site Approval - 1 I,ot - Continued from 27 Jul5i 1970 ~.' 'Ross ~,Tas present and stated he had revie.~.~ed the proposed conditions of approval ~.nd e};pressed satisfaction with same. Chairman Norton recommended .that Condition "L" be deleted from the Building' Site Committee Report dated ,10 August 1970. , Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Co=~ittee Report dated 10 August 1970 relative to SDR-859 be adopted and that the tentative map (Exhibit "A", filed 17 July 1970) be approved subject to the conditions set forth in said report; motion carried unanimous ly. C. SDR-,861 - Conrad Stieber, Prospect Road - Building Site Approval - 1 Lot - Continued from 27 Jul! 1970 The' Secretary explained that 1) this is a request for 'site approval for C~132 the Tire Service Co. discussed in the early part 'of the agenda 2) 'this application SDR-861 can be Continued to the next regular meeting :" and 3) the Staff has an a~ditional condition they would like to add to ; the'Subject Building_Site Comn[ittee Report as follows: "L. Improve ProspeCt Road to provide a 6C-foot half-street for entire frontage of 20-foot wide frontage of access road running along. ~stern boundaries of property." ~hairman Norton directed that SDR-861 be continued to the next regular meeting in order' to a~.~zit the action that will be taken relative to C-132. D. SDR-862 - John A. Zabie!ski~ Mr. Eden Road - Builc~ing_ Si~e ADprova! - 1 Lot The applicant .was present and stated that 1) he had.reviewed the proposed ~; ~onditions of approval 2) there is 'an existing home on this site and h~ ~nten~ed only to enlarge this structure 3) if he must m~et all the ~roposed conditions as stated in th~ Building Site Connittee Report he will be handicapped, financially, from improving his property. Chairman liorton exp!aine~ that everyone applying for Building Site ~pprov~l must m~et the same requirer:ents and it is difficult to change ~he requirements; .however, the applicant could meet with the Subdivision, Co~nittee to further discuss the subject conditions. .. ~. %abielski indicated he would like the opportunity to meet with the Subdivision Cor~nittee to study the requirements stated in the Building Bite Committee Report. -11- III. D. S1]R-862 - Contint,ed Chairman Norton, in view of the foregoing, directed that SD.R-862 be continued to the next regular meeting. REVISION OF SLOPE DENSITY RESOI,UTION The Secretary .read a memo relative to a' proposed revision to the slope density resolution. Chairmp-n Norton recommended that in' ttie last paragraph of the subject memo. . . line 2. · .the word "implement" be change to "enforce". The Secretary, in answer to an inquiry from Con~missioner l. Ictcalf, stated that the slope d~nsity revision could apply to either .single lots or several lots. Chairman Norton directed .the m~tter be continued t0 the next 'regular meeting . in order to allow time for th~ Plannin~ Connnissioners to further study the proposed '~ IV. DESIGN REVIEW .... · .... Commissioner Netcalf explained t~at the Design Review Committee did "' review the Cal-West apar't~ent plans and the developer still has some models and drawings to complete; .tNerefore, the matter will not be on the agcnda un~.il the meeting 'of 24 August 1970. }Ie further stated that the plans submitted by the applicant are very good. ... ' V. CITY COU?iCIL REPORT Con~nissioner Metcalf gg. vea summary of items reviewed and action taken at the City Council meeting of 5 August 1970 with ere:phi. sis on mat.ters of particular interest to the CommiSsion. ~. PLANNING POLICY COI.%IITTEE Coma~issioner Kraus stated that it has been proposed' that tl~e Planning Policy Conmittee, as it is known today be eliminated. VI. OLD BUSINESS : None VII. NEW BUSINESS None' A. ~ITTEN SDR-799 - L. R. Guist, BelnaD ~ive - P. eeuest for Extension The Secret~.ty"~egd a letter received from }[r. Guist requesting an " ~xtension for SDR-799. Th~ Secreta-ry then retch. mended that the subject request be con~'inued 't6 the n~x~ ~egu!ar m~e~ing. '~bairn:an Norton so directed. B. OPJ. L "P-C': (Planned -Co~_aunitv) Ord iD. ance ~ Coaissioner Me~ca!f stated t~at 1) he has done a good deal of thinking about the "P-C" (Planned-Co: ...airy) Zoning District and the result of .t, hat has happened to this ?~:-"-t with the Saratoga Foothills Development Corporation "P-C" proposal 2', he has come to the conclusion tha~ s~ agreement should be re.:- '.....~ between the General Plan CoDaittee VIII. B. "P-C" - Continued tile Design Review Con~m. ittee, and the Subdivision Committee before such n proposal comes bef'ore the Planning Cormnission as a whole 3) any developer considerating a "P-C" development should first be required to have a sub'division xfmp drawn by a qualified architect and civil engineer and a landscape p].at}'.designed by a landscape architect 4) more money should be spent to utilize 1.~. Beck's (P]anning Consultant) plan and 5) projects proposed for "P-C" should not be given to the Design lieview Committee on a piece meal basis. Chairman Norton stated that 1) there is a degree of investment involved in preparing extensive plans for a proposed development and 2) if all three con~mittees mentioned by Comn~issioner Metcalf reviewed. the plans. it would mean that the entire Planning Commission' would see' the plans prior: to the Planning Co~=~ission meeting. The Secretary, in answer to an inquiry from Commissioner Lively, stated that the Niven property on Madtone Hill Road was proposed for a "P-C" development. Commissioner Lively stated that the resiclents of th~.'}.[~drone Hill Road area were in.opposition .to such a._dev~!0pment and perhaps the ,.P,C" 'ordinance ought to be. amended to.become more workable. CoEis~ioner= Crisp stated' that 1) there were few actual residents of Fruitvaie Avenue that 'signed the petition opposing .~he Saratoga Foothi].ls Development Cor~poration and 2) some people that lived no where near the proposed development signed the petition Opposing the development. Chairman Norton stated that 1) .when the "P-C" ordinance was adopted it was thought to be a workable plan and 2) thc. l'ir'~uing Commission felt it was creating a f].exiable plan that turned out not to be so flexible. Commissioner Metcalf stated that there are two areaGwhere the General "Plan Coma~ittee should be 'consulted in the case of the Saratoga Foothills Development Corporation proposal and these are the access road and the adjacent undeveloped 'property. Chairman Norton stated that 1) the Gener~.lPlan is not being changed and 2) certainly the access road on the Saratoga Foothills property is the same access road sho~. on the General Plan. Chairm~.n Norton inquired if any Ce~issioner is interested in assum. ing the responsibility of re-~'iting the "P-C" (Planned-Con~nunity) .ordinance and proposing specific changes for same. ~o~nissioner Metcalf stated tha~ he discussed the matter with the City Attorney and he feels "P-'C" zoning is a conditional use with specific conditions; therefore, it is Conditional Zoning. Chairm~n Norton stated that the City Attor. ney is aware how d~ _cu_t it can be to control Conditional Zoning. -- Chairman Norton a~dressed Commissioner Metcalf and stated that 1) if if wished he could .submit a memo recenzending that the General Plan Com7, ittee, Subdivision Committee, and Design Review Ccnnittee me~t and discuss prepose~ plans prior ~o presenting =hem to the Planning Cc~.~issi~ and' 2) it would be agreeable to him if Co~issicner ~.~etca!f wished to re~.~ite the "P-C" ordinance. Chairm~tn Norton acknoi.~leclged, ~.~ith pleasure, the presence of Councilman Bridges, ].>s. Joan Walker, wife of the Planning Director, and Mrs. Ruth Owen of the Good GoVernment Group. Me, also, thanked Mrs. Owen for the coffee served at the recess. IXJ. ADJO~NF.]ENT Chairm~.n Norton declared the meeting adjourned at 11:15 P.M. Respectfully subniitted, Saratoga Planning Commission -14-