Loading...
HomeMy WebLinkAbout04-12-1971 Planning Commission Minutes (2) CITY OF SARATOGA PIA~rNING COMMISSION MINUTES TIME: Monday, 12 April 1971, 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION The meeting was called to order by'Chairman Lively at 7:30 P.M. A.' ROLL CALL Present:Commissioners Fagan,!Kraus, Lively, Marshall, Martin, Metcalf, and Smith. Absent: None. B. MINUTES Commissioner Smith moved, seconded by Commissioner Kraus, that the reading of the minutes of 22 March 1971. meeting be waived and they be approved as distributed with the following changes: page 2. .under II. C. V-357.. .paragraph 9. .in line 3 delete the word "about" and instead insert "all but" and in line 4 delete the words "the p; to" page 6. .under III. D. SDR-889. .paragraph 3. .delete "motion carried unanimously" and inste@d insert "motion· carried with Commission Marshall abstaining"; motion carried unanimously. C. DETERMINATION OF TYPE OF MINUTES FOR PLANNING COMMISSIONs Chairman Lively stated that several sets of minutes have been submitted to the Commission for consideration 1) a brief containing the action taken on matters before the Commissioner 2) an in-between version con- taining the action as well as abbreviated comments from the audience and Commission and 3) a lengthy set of minutes including detailed comments of the audience and·Commission and the action taken b~ the Commission. Commissioner Smith'B~'fd"·'tt~'f~'·'~e'f~lt, the middle· set of minutes would adequate ~o long as they contained the essential comments and action. Chairman Lively, without objection, directed the Recording-Secretary to hereafter prepare the minutes Containing the Planning Commission action and abbreviated comments by th~ Commission and members of the audience. II. PUBLIC HEARINGS A. ANNUAL GENERAL PLAN REVIEW FOR z1971 Chairman Lively opened the hea~ing at 7:34 P.M. Chairman Lively explained that an annual review is held to consider items brought up during the year that require detailed study. A study session was held and the General Plan Committee has met and prepared a report containing their recommendations. Commissioner Metcalf, Chairman !of the General Plan Committee, gave a detailed summary of the Generai Plan Committee Report dated 12 April 1971 --\ (See copy 6f\ thi~'report attached to page 2 of these minutes.) -1~ Planning Commission Minutes - 12 April 1971 - Continued II. A. ANNUAL GENERAL PLAN REVIEW FOR 1971 - Continued The Secretary explained that ~ommunications had been received from 1) Martha G. Wilson 2) Theodore L. Shebs and 3) Reverend Stanley B. Andersen with specific requests to have their requests considered at the time of the General Plan Review. Chairman Lively explained that the matters brought up in the letters were all given some treatment,in the General Plan Committee Report of 12 April 1971 as follows: (S~e attached report.) Wilson Request -i''e~ResidenelK~' under I. A. Theodore Shebs Request -~'See Fruit~le Avenue, south 6f'tr~s't" ~a~C~Ilege und~f"'II% A. Rev. Andersen Request -:See Professional under I. A. 2. No one in the audience wished to comment at this time. Chairman Lively closed the hearing for the evening at 7:52 P.M., directed the Annual General Plan Review for 1971 continued to the next regular meeting and encouraged all interested citizens to con- tact City Hall about obtaining!a copy of the General Plan Committee Report. B. C-137 -Alfred F. Dumas, Inc. ,: Prospect Road - Request for Change of Zoning from "R-I-10,00O" (Single-Family Residential) to "R-l-10,000" "P-C" (Single-Family Residential Planned Community) - Continued from 22 March 1971 Chairman Lively re-opened the hearing at 7:53 P.M. The Secretary Stated that the applicant has requested that this matter be continued to the next regular meeting. Chairman Lively closed the hearing for the evening at 7:54 P.M., directed C-137 continued to the next regular meeting and referred same to the Sub- division Committee for further:study. C. C~144 - Frank C. Nelson, Saratoga Hills Road and Pontiac Avenue - Request for Change of Zoning from "R-i-40,000" and "R-1-12,500" (Single- Family Residential) to "A" (Ag.r..~cultural) Chairman Lively opened the hearing relative to C-144 at 7:55 P.M. The Secretary stated the Notices of Hearing were mailed and that a petition with thirty eight (38) signatures of residents in the area was submitted in favor of the proposed Change of Zoning. The applicant was not present.. Commissioner Smith stated that' it was his understanding that twenty (20) acres were required for an '~gricultural Preserve"~and the subject property consists of only five (5) acreZs. The Secretary that it is not pZossible to combine this property with any other in t.he area to obtain the twenty (20) acres necessary since it is an ,open-space parcel; which, is su~.rounded by devel6~e"d"areas. The City Council set up the twenty (20)~ acre designation and can deviate from that if they so desire. -2- Planning Commission Minutes - 12 April 1971 - Continued II. C. C-144 - Continued Commissioner Martin suggeste~ that the Planning Commission obtain a ruling on this matter from the City Coundil since it is difficult to make a recommendation~d~d'~n~c'f~O~ an ~'~[ished policy of the J'C~C'i'~ ~ ' ' Chairman Lively closed the hearing for. the evening at 8:02 P.M., directed C-144 continued to the next rZegular meeting and referred same to the General Plan Committee and instructed the Committee to obtain a recommed- ation from the City Council for study by the Committee prior to preparing their recommendation to the Qorumission. D. UP-199 - Sisters of Notre DaZe, Bohlman Road - Request for Use Permit to Allow Demolishment of Main Novitiate Building and Remodeling of Smaller Living quarters - Continued from 22 March 1971 The hearing relative to UP-1929 was re-opened at 8:03 P.M. Mr. Rod Heft, architect', was present, but had no further comments. The Secretary read the Staff Report. dated 12 April 1971 recommending that the subject Use Permit (~UP-199) be granted. Commissioner Smith moved, seconded by Commissioner Kraus, to close the hearing in connection with UP-199 at 8:05.~P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Kraus, that the Staff Report dated 12 April 1971 reilative to UP-199 be adopted and that the subject Use Permit be granted: on the basis the findings required by Section 16.6 of Zoning Ordinance NS-3, can be made and the Use Permit be subject to the 'conditions stated in said report; motion carried unanimously. E. UP-201 - West Valley Ambulance Service, Saratoga-Los Gatos Road - Request for Use Permit to Allow an Ambulance Service - Continued from 22 March 1971 Chairman Lively re-opened the: hearing relative to UP-201 at 8:06 P.M. The Secretary stated that a Statement of Reason was filed by D~..; John"~- Cox (owner of the subject property) and he read same. Mr. Rex Brunner was present to represent the applicant, but had no further comments. Commissioner Smith stated tha~ the Subdivision Committee did visit the site and recommend that this matter be continued until the applicant submits a lay-out of the proppsed parking and a report of the Fire Marshal relative to the amount of fire risk, if any, that would be involved with this building. i Mr. Brunner stated that the parking plan has been prepared and he submitted a copy to the Commission for their review. Chairman Lively closed the hearing for the evening at 8:16 P.M., directed UP-201 continued to the next regular meeting and referred same to the Subdivision Committee for study and a report. -3-' Planning Commission Minutes - 12 April 1971 - Continued II. F~. UP-202 - Boy Scouts of AmeriCa - Troop 505, Sobey Road - Request for Use Permit to Allow =.a Boy Scout Meeting Building - Continued from 22 March 1971 Chairman Lively stated that ~his hearing would not be opened at this time unless there were some members of the audience who wished to comment. No one present had a statement to submit relative to UP-202. Chairman Lively did not open :.the hearing, directed UP-202 continued to the next regular meeting ~'nd referred same back to the Subdivision Committee for further study. iG. V-359 - Dr. Prodyot Roy, Foothill lane - Request for Variance to Allow- a Reduction in Sidey~rd Setback Requirements Chairman Lively opened the hearing relative to V-359 at 8:17 P.M. The Secretary stated the Notices of Hearing were mailed. He then read the Statement of Reason filed by the applicant. The applicant was present and. stated that the property South of his lot used to beT.part of his property and the two (2) neighbors that would be affected have expressed approval of the proposed Variance and if necessary will submit .'letters stating same. He further stated it is an old house and he wishes to extend its size because his family requires additional living area. Chairman Lively closed the he'aring for the evening at 8:23 P.M., directed V-359 continued to the next regular meeting and referred same to the Variance Committee for study .and a report. Commissioner Kra!us,_on behalf of the Variance Committee, arranged~"w'i'['~ .... ~'~" the app~c~, for an on~site inspection", of the property for 9:00 A.M.~. on Saturday, 17 April 19'3-1. H. V-360 - West Valley Junior College, Fruitvale Avenue - Request for Variance to Allow Increase in Height of Auditorium Commissioner Metcalf stated that before the public hearing is opened in connection with V-360 it Should be decided whether or not the subject application should even be on the agenda in its present form since the measurements for the auditori. um appear to be inaccurate. Chai~.man'~Lively stated that 1..) the public hearing should be opened to allow people in the audience to comment 2) if the application,?.is=~..-,in~..fac~t, not in order the public hear{ng can be closed and the proceedings be terminated and the applicant will have to re-apply and a new Notice of Hearing will have to be ma'tldd°~'.-"z"7'i and 3) if the application is in order then the public hearing can proceed in the usual manner. Chairman Lively, without further objection, opened the public hearing relative to V-360 at 8:25-P.M. The Secretary stated the Notices of Hearing were mailed. He then read the Statement of Reason filed by the applicant. The Secretary, in answer to an inquiry from Chairman Lively, stated that the actual height of the building has not been reduced, but through design the applicant has adjusted the measured height to 4-feet 6-inches above the maximum height limit allowed by the Zoning Ordinance. Plannin~ Commission Minutes - 12 April 1971 - Continued II. H. V-360 - Continued Dean Arnold, present to repre.'sent the applicant, stated that by adjusting the height as described by the Secretary the design becomes more compatible to an appearance that would be less objection- able to the view of the structure. Mr. Chester Root, arch_i_t_~ect, 'stated that the outline of the structure has been softened not by ian attempt to subterfuge the actual height but to improve the appearance]. The theater building requires the additional height because of !the scenery loft necessary for the educa- t iona 1 -environment. Chairman Lively stated that in essence the applicant is really asking for a 12-foot variance rathqr than a 4~-foot variance as stated in the notice of hearing; therefore, the application should be referred__ back to the applicant for a ~evised i~equest.'which states the proper dimensions. Commissioner Metcalf stated/~e is disappointed that the applicant. and the architect did not try to reduce the height of the structure or to relocate the building and ..he would recommend that they take another look at both possibilities. Chairman Lively closed the h~aring relative to V-360 at 8:39 P.M.', and instructed the applicant to reapply for another variance request stating the proper dimensionS. I. V-361 - D'Amico Tire Service :Company, Prospect Road - Request for Variance to Allow a Free-Standing Sign Chairman Lively opened the h~aring relative to V-361 at 8:40 P.M. The Secretary stated the Notices 'of Hearing were mailed. Commissioner Marshall stated .that there is an existing ordinance pro- hibiting free-standing signs~ Mr. A1 Ruffo, attorney, was present and stated that 1) the application is for a free-standing sign, '.but ·the property is in a unique position and is located directly across from a San Jose commercial area where they have extensive use of such signs and on either side of the parcel commer- cial properties in Saratoga also have free-standing signs. He then described the individual signs and their location and approximate dimen- sions. He further stated that 1) he understood a schedule existed under Zoning Ordinance NS-3, Secti6n 10.2(n) whereby the City anticipates eventual removal of all the existing free-standing signs within a designated time and 2) his request is that the Planning Commission allow him to comply with the amortization sehedu!e at the time the other free-standing signs in the area are required to do same. Chairman Lively stated that ehe applicant was informed at the time of Design Review Approval that the identification sign would have to be located on the building and ~hat a free-standing sign would not be permitted. Commissioner Kraus moved, seconded by Commissioner Marshall, to close the hearing relative to V-361. at 8:55 P.M.; motion carried unanimously. Commissioner Kraus moved, seconded by Commissioner Marshall, to deny the Variance (V-361) request z: for a free-standing sign for the D'Amico Tire Service Company since said signs are'~..prohibited in. the City under Zoning Ordinance NS-3, Article 10, Section 10.2; motion carried unanimously Plannin~ Commission Minutes - 12 April 197'1.. - Continued II. J. ORDINANCE AMENDING NS-3.28 -! RE ANIMAL PICK-UP Chairman Lively opened the hearing relative to this matter at 8:58 P.M. The Secretary stated the Notice of Hearing was published. No one in the audience wished to comment relative to this matter. Chairman Lively closed the h~aring for the evening at 8:59 P.M., referred the matter to the Staff for a report, and directed the proposed subject ordinance amendment Continued to the next regular meeting:' III. BUILDING SI~ES AND SUBDIVISIONS ! A. SDR-883 - Thomas Fryer, Saratoga Hills Road - Building Site Approval - 2 Lots - Continued'· from 22 March 1971 Commissioner Smith stated that this building site was ready for a motion. The applicant was present and stated he had reviewed the proposed conditions of approval and expressed satisfaction of same. Commissioner Smith moved, seconded by Commissioner Kraus, that the Building Site Committee Report dated 12 April 1971 relative to SDR-883 be adopted and that the tentative map (Exhibit "A-I", filed 8 April 1971) be approved subject to the conditions set forth in said report; motion carried unanimously. :. B. SDR-888~- Thomas Dashiell, B0hlman Road - Building Site·Approval - 3 Lots - Continued~ from 22 March 1971 Commissioner Smith moved, seconded by Commissioner Kraus, to deny the building site approval for SDk-888 unless a letter of extension iS sub- mitted by the applicant priori to the current expiration date for SDR-888 and if the extension is recei.ved the matter is recommended continued to the next regular meeting; motion carried unanimously. C. SDR-894 - Herbert Haber, Vaquero Court - Building Site Approval - 1 Lot Commissioner Marshall recomme.nded that the Building Site Committee Report dated 12 April 1971 relative ~to SDR-894 be amended by adding Specific Condition II-I. as follows: · "I. Delete notes 1 and 2 on Exhibit "A, in file.~ SDR-894." Commissioner Smith moved, secionded by Commissioner Kraus, that the Building Site Committee Repor.t dated 12 April 1971 relative to SDR-894 be adopted, as amended, and that the tentative map (Exhibit "A" filed , 17 March 1971) be approved subject to the conditions set forth,. in said report; motion carried unanimously. D. SDR-895 - S. Bo Walton, Sarat.oga Hills Road - Building Site Approval - 2 Lots Chairman Lively, at the reconmendation of Commissioner Smith, directed SDR-895 continued to the next regular meeting. E. SD-896 - George W. Day, Big Basin Way - Subdivision Approval - 16 Lots Commissioner Smith recommended that SD-896 be continued to the next regular meeting to allow time! for further study of same. Chairman Lively so directed. -6- Planning Commission Minutes - 12 April 1971 - Continued III. F. SDR-897 - Earle A. Pickering Smith, Quito Road - Building Site Approval - 2 Lots. Commissioner Smith recommended that SDR-897 be continued to the next regular meeting. Chairman Lively so directed RECESS AND RECONVENE IV. DESIGN REVIEW A. A-355 - Tire Service Company, Prospect Road - Final Design Review - Landscape Plans Commissioner Metcalf stated zthat the Design Review Committee has reviewed the subject landscape plans ~nd they are acceptable subject to substitution of 15-gallon olive tree with a larger specimen size tree and since the applicant has agreed to landscape the Baptist Church frontage property a ,~copy of the agreements from the Baptist Church must be submitted to:the City. Mr. A1 Ruffo, attorney, present to represent the applicant, stated that if the variance for the free-standing sign is denied the sign will have to be placed on the building and if a large speciman tree is planted at the location indicated the sign on the building will be obscured. Commissioner Marshall explained that the location of the tree wasL sho~ on the applicant's own plan and was not dictated by the Design Review Committee. Mr. Ruffo explained that at!the time the plan was drawn it was anticipated a free-standing2sign would be used for identification. Commissioner Metcalf recommended that the matter be continued until it can be determined where.~he sign will actually be located on the building and the exact location of the tree can be designated. Chairman Lively, therefore,'di~ected A-355 continued to the next regular meeting and referred same back to the Design Review Committee for further study. B. A-362 - M. E. Frazier, Cox Avenue and Saratoga Avenue - Preliminary De..si~n Review - Office Building - Continued from 22 Mardh 1971 Commissioner Metcalf read the Staff Report dated 12 April 1971 recommend- ing that Preliminary Design Approval be granted for A-362. Commissioner Kraus inquired if a pole light as shown on Exhibit "D" should be approved? Commissioner Metcalf stated !that the pole light is an oversight and should be deleted from the exhibits:and the subject Staff Report should be amended by adding the foilowing condition "(e) Provide low-level and indirect illumination at rear of lot." Dr. Abrams, developer of the~adjacent medical village, stated that he has a number of comments to make 1) relative to the landscape lay-out the medical village was required to provide a strip of landscaping between the building and thezasphalt and 2) the applicant's plan shows the asphalt coming right up ~o the building and this should be changed whenever possible in the final design review plans. Planning Commission Minutes - 12 April 1971 - Continued IV. DESIGN REVIEW BY A-362 -iCdntinued Commissioner Metcalf moved, seconded by Cor~nissioner Martin, that the Staff Report dated 12 April 1971 be adopted, as amended, and that Preliminary Design Approval be granted fro A-362 as shown on Exhibit "D" subject to the conditions stated in said report; motion carried unanimous ly ~ V. CITY COUNCIL REPORT Commissioner Kraus gave a summary of items reviewed and action taken at the City Council meeting of 7 April 1971 with emphasis on items of parti- cular interest to the Commissio~ PLANNING POLICY COMMITTEE : 'Commissioner Kraus stated that at the last meeting of the Planning Policy Committee it~:~ms voted to approve· 350-acres of open-space above Sanborn Road adjacent to City of Sunnyvale park ·site. VI. OLD BUSINESS A. SDR-828 - John Cox, M.D., Jacks Road - Request for Extension - Continued from 22 March 1971 The Secretary referred to the Staff Report updated to 12 April 1971 ~he original report was dated 22 March 1971) recommending that a one (1) year extension be granted for SDR-828 with the stated modification for condition II-A of Building Site Committee Report dated 27 October 1969?"!changed to read as stated in said report of 12 April 1971. Commissioner Metcalf recommended that the Staff Report of 12 April be amended by deleting "a clarification of the Department of Public Works" from paragraph 1.. .lines 2 and 3. The Secretary, in answer to an inquiry from Commissioner Martin, stated that the Fire Department is allowing a narrower road in this case because they feel they can still get;an emergency vehicle in here and not disturb the substantial Monterey Pines since if the trees were removed consider- able cutting of the bank would be involved. Commissioner Smith moved, seconded by Commissioner Kraus, to adopt, as amended, the Staff Report dated 12 April 1971 and grant a one (1) year extension for SDR-828 with Condition II-A of Building Site Committee Report dated 27 October 1969:being modified as stated in said report; motion carried unanimously. B. CAPITAL IMPROVEMENT PROGRAM FOR 1970-71 thru 1975-76 - Continued from 22 March 1971 Commissioner Marshall stated·that at the Study Session relative to the General Plan the ·Capital Improvement Program was considered and it was decided further study should,be given the matter to determine whether by approving the Program the:Commission~would unintentionally sanction a wish-book program. Commissioner Metcalf stated that it was his understanding that the City Council requested the Plannihg Commission to review the Capital Improvement Program to determine its conformity with the General Plan. After a brief discussion, Commissioner Metcalf stated that the General Plan Committee would give th~ matter further consideration and draft a report relative to the matter. Chairman Lively directed the!matter continued to the next regular meeting and referred same back to the General Plan Committee for further study. -8- PlanninE Commission Minutes - 12 April 1971 - Continued VI. C. WEST VALLEY JUNIOR COLLEGE ASSESSMENT DISTRICT - Continued from 22 March 1971 The Secretary recommended that this matter be continued to allow time for further study. ., Chairman Lively so directed. D. WEST VALLEY CHAPEL - Request!to Add Ambulance Service. to the List of ConditiOnal Uses in the "C-C" (Community-Commercial) Zoning District - Continued from 22 March 1971 Commissioner Smith recommended that this matter be continued since the Use Permit (UP-201) relative to this request has not been acted upon at this time. Chairman Lively so directed. E. Prohibit Vehicular On-Street5 Parking Within The Paul Masson Winery, The Vineyards and The Medical Village of SaratoMa The Assistant Planner read the staff Report dated 12 April 1971 recommending that the City prohibit parking along the west side of Saratoga Avenue between Cox Avenue and the Southern Pacific Railroad Tracks and the south side of: Cox Avenue between Saratoga Avenue and Saratoga Creek. After discussion it was recommended that the subject report be amended by adding the following para.graph: "This parking ban 'ho ld commence upon completion of S U Unit I of the Vineyards and the completion of the M. E. Frazier office building." Commissioner Metcalf moved, seconded by Commissioner Marshall, that the Staff Report dated 12 April 1971 be adopted, as amended, and the subject report and recommendation be. forwarded to the City Council for their consideration; motion carried unanimously. VII. NEW BUSINESS None VIII. COMMUNICATIONS A. WRITTEN '. C.7.8.1 - Paul Masson, In.c.. ]. Sarato~.a Avenue - Re(~uest for Extension The Secretary read a communication received from the applicant requesting a one (1) year extension for C-81. He then recommended that the matter be continued. to the next regular meeting. Chairman Lively so directed and referred the matter to the Subdivision Committee. ' SDR-891 - George H. McKenziei Montalvo Road - Request for Reconsideration of Conditions , The Secretary read a communication received from the applicant requesting reconsideration of the conditions of his Building Site Approval of 22 March 1971. He then recommended that the subject request be continued to the next regular meeting., Chairman Lively so directed.' -9..'- PlanninE Commission Minutes - 12 April 1971 - Continued VIII. A. SDR-832 - David L. Mendenhall, Mr. Eden Road - Request for Reconsideration to the City Council The Secretary read a copy of a communication Mr. Mendenhall sent to the City Council requesting relief from the bond requirement for his building site SDR-832. The Secretary explained that the applicant will be required to make a[similar request to the Planning Commission. B. ORAL Guests Chairman Lively acknowledged, with pleasure, th__e p~esence of Councilman Bridges, and Mrs. Stark of the Good Government Group.'. He, also, thanked ~s. Stark for the coffee served at recess. Respectfully submitted, Saratoga Planning Commission ] -10'