Loading...
HomeMy WebLinkAbout08-23-1971 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTE S TIME: Monday, 23 August 1971, 7:30 P.M.. PLACE: City Council Chambers, 13777 Fruitvale Avenue, saratoga, california 95070 TYPE: Regular Meeti~g 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. B. MINUTES CommiSsiOner Smith moved, seconded by Commissioner Kraus, that the reading of the minutes of the 9 August 1971 meeting be waived and they be approved as distributed; motion carried unanimously. II. PUBLIC HEARINGS A. C-148 - George W. Day, Fruitvale ~venue and Douglas Avenue - Request for Change of Zoning from '~" (~gricultural) to '~-1-40',000" (Single- Family Residential) - Continued from 9 August 1971 The hearing relative to C-148 was. reopened at 7:32 P.M. The Secretary explained 'tha~ the applicant has submitted a request to amend his appli- cation to ask for '~-1-40,000" '~-C" (Single-Family Residential Planned- Community) instead of '~-1-40,000" (Single-Family Residential). The Secretary further stated that 1)'.the Staff has prepared several different plans for development of this central area and have available some of the best ones for consideration by'the Planning Commission 2) these plans reflect what the Staff considers to be the best approach to development of this property combined with Mr.. Beck's (Park Consultant) suggestions and the applicant's ideas 3) proposal '~" is a '~-C" concept with one-half- acre building-sites surrounded by common gree 4) another proposal with more emphasis on a central park is, also, available and 5) also, available 'is a plan with elaborate street patterns which shows more chopped-up comm. 0n~green area with more cul-de-sac lots. Commissioner Kraus commented that proposal '~" shows '~-C" building sites insulated from surrounding residences by a common-green,. The Secretary explained that the 'applicant has, also, submitted a proposal which has no bordering greenarea around one building site. Cox,missioner Smith stated that th'e Planning Commission should decide which of the plans are suitable and then initiate a '~-C" zoning substantially in accordance with the map that is adopted. ~' Commissioner Metcalf stated that some consideration should be given as to the' type of fencing to be allowed in this area especially along Fruitvale Avenue and Douglas Avenue. Chairman Lively stated that this development w~ll be subject to Design Review Approval and. fencing.can be considered at that-time.. .......................................................... . Commissioner ~rtin agreed that it ~ impossible to discuss the-fencing and furthe~ stated that'he is not in favor of ~a~ing fences all along Fruitvale Avenue, but if an individual wants to fence his yard he should have the right to that. .: -1- Planning! Co~ranission Minutes - 23 August 1971 - Continued- II. A. C-148 - Continued The Secretary, in answer to an inquiry from CommisSioner Kraus, stated that additional plans for this area are displayed for review in the Crisp Memorial Conference Room. Chairman Lively requested the Secretary to publish a Notice of Hearing to all residents within 500-feet of this property as soon as one (1) or two (2) plans are presented that are worthy of serious consideration. He then closed the hearing for the evening at 7:51 P.M., directed'C-148 continued to the next regular meeting, and referred same to the Subdivision Committee. III. BUILDING SITES AND SUBDIVISIONS A. SD-904 - George W. Day, Fruitvale Avenue and Douglas Avenue - Subdivision Approval - 15 Lots - Continued from 9 August 1971 Chairman Lively directed SD-904 continued to the next regular meeting sinc~ its outcome is pending on action for C-148. B. SDR-918 - Monty R. Boyd, Arroyo de Arguel!o - Building Site Approval - 1 Lot Commissioner Smith recommended t~at SDR-918 be continued to the next regular meeting since there are problems with Flood Control that have to be resolved. Chairman Lively so directed. C. .SD.T,919 - Kosich Construction Co., Ted Avenue - Building Site Approval - 5 Lots Commissioner Smith stated. that SD-919 has been discussed in a preliminary way with the Kosich Brothers and.the matter should be continued to the next regular meeting to allow time for further consideration. Chairman Lively so directed. D. SDR-920 - Roman T. ChaveZ, Bel~ap Court - Bdilding Site Approval - 1 Lot. The Secretary explained that there are problems with grading and Fire Department requirements in connection with this building site. Commissioner Smith recommended that SDR-920 be continued to the next regular meeting. Chairman Lively so directed. IV. DESIGN REVIEW A. A-381 - St. Andrews Church, Saratoga Avenue - Pretimanry Design Review - Multi-Use Parish Hall Commissioner Metcalf .stated that the Staff Report relative to A-381 dated 23. August 1971 recommends that Preliminary Design Approval be granted for the Multi-Use Parish Hall as reque.sted. Mr. Warren Held, architect present to represent the applicant,'stated that the parking as shown on Exhibit '~" is in conformance with the City of Saratoga Parking requirements originally imposed upon the church and still in force. Commissioner MetCalf moved, seconHed by Commissioner ~rshall, that the Staff Report dated 23 August 1971. be adopted and that Preliminary Design Ap roval be granted for the Multi-Use Parish Hall as shown on Exhibit "A" anM subject to the conditions stated in said report; motion carried unanimously. Planning Cormhiss.ion Minu~es - 23 August 1971 - Continued V.. CITY COUNCIL REPORT Commissioner }~rshall gave a su~m~ary Of items reviewed and action taken at the City Council meeting of 18 August 1971, with emphasis on items of particular interest to the Commission. VI. OLD' BUSINESS A. C-140 - Prince of Peace Lutheran Church, Saratoga Avenue and Cox Avenue - B~quest to Reopen Public HearinB The Secretary stated that the Reverend Anderson of the Prince'of Peace · Lutheran Church has requested that: the public hearing relative to C-140 be reinstated and the hearing be renoticed so they might justify their application and they are doing this in light of tentative results of General Plan Review by the City Council which indicates that the City might go along with designation of P- for this property since a possible park site does not look too promising. Chairman.Lively stated that no determination should be made until the City Council takes final action on the General Plan. Commissioner Smith stated that at 'the time the applicant met with the 'Subdivision Committee he was told to wait until after the City Council considered the use of this property for a park and now the City Council is negative to the park idea; therefore, the applicant is'within his rights in asking that the hearing be reopened. Chairman Lively directed the matter continued until after the City Council finishes their review for the 1971. General Plan. B. SDR-911 - Willard Thompson, Oak Street and St. Charles Street - Change in Motion Made at Meeting of 9 August 1971 Chairman Lively stated that a motion should made to rescind the motion made by Commissioner ~rshall at the meeting of 9 August' 1971 relative to SDR-911 in order to clarify what was intended. Commissioner Marshall moved, seconded by Commissioner Metcalf, that the motion (made and passed at the meeting of .9 August 1971 and recorded in the' minutes of that meeting relative to SDR-911) be rescinded; motion carried With Commissioner Fagan abstaining. Chairman Lively stated that a new .motion should be made in connection with SDR-911. Commissioner Marshall moved, seconded by Commission Smith, to deny the Building Site Committee Report dared 23 August 1971 relative to SDR-911 unless a letter of extension is received from the applicant; motion carried with Commissioner Fagan abstaining. VII. NEW BUSINESS A. UP-191 - Brown and Kauffmann, Brockton Lane - Request for Extension The'Secretary read a letter received from the applicant requesting an extension on UP-191 for the modelshome sales-office on Lot 46 in Tract 4573. The Secretary recommended that the matter be continued to the next regular meeting. Chairman Lively so directed. -3- Planning7 Commission Minutes - 23 August 1971 - Continued' VII. A. UP-191 - Continued Connnissioner Martin stated that 1) this applicant was required to provide and re-mark the parking for the model home sales office ~) :t~e '~'~i~·~'~r~a has not been kept up very w611 and· 3) he would suggest that the applicant be required to dress the parking up just a little. B.· General Plan Review Chairman Lively read a memo from the City }~nager dated 6 August 1971 telalive to clarifying the City's position in regard to the bonus suggested from some cases of Planned Community Developments.· The Secretary explained· that this matter is scheduled for review by the Planning-Environmental Committee on Wednesday, 25 August 1971. Commissioner Metcalf advised that the· General Plan Committee is willing to meet with thePlanning-Environmental Committee to review this matter at any·time. C.' Proposed Ordinance NS-3.29 Re Elimination'of Certain Conditional Uses in '~-1" Zoning Districts The Secretary stated a memo from the Planning and Environmental Committee re elimination of certain conditional uses in "R-I" zoning districts is in each Commissioner's folder for information purposes. Chairman Lively explained that 1) the Planning Commission was requested by the City Council to study this matter and make a-recommendation which the Commission has done 2) there was no comment made relative to this matter in the General Plan for·1971 and perhaps the 1972 General Plan should include some wording r~lative to the elimination of· certain conditional uses in the '~-1" zoning districts and 3) the Council Conm~ittee feels that a new zoning district should. be established in which a select few specialized uses now normally allowed as conditional uses in '~-1" and other zoning districts would be permitted. The Secretary explained' that the type of uses considered for elimination are becoming more and more independent of '~-1" uses. Chairman Lively stated that in the past every tim~·.~__U·~_~·r~it__has been ~equested for' one'~f these u'Ses'·the"~ei~hb~'~S·'gB·jected en masse and not one has been approved.recently. .. Mr. Sanford Betliner, attorney representing Mr. and Mrs. Noor'udin Billawala (property owners on Sousa Lane) stated that 1) his clients are opposed to the deletion of convalescent h~spitals from the '~-1" zoning districts 2) if the City Council had adopted the recommendation of the Planning Commission rela- tive to. this matter and deleted these uses from the '~-1" zone they would have established a procedure whereby his client would'have to apply for a Change of Zoning for his property and then"apply for a conditional Use Permit in order to make use of his property the·way he intends 3) if the proposed amendment is adopted it would'affect the flexibility that the Planning Commission now has and non-conforming uses would be created 4) the City should establish an independent zone to allow these uses 5) .the applicant's parcel on Sousa Lane should be included in the new "Institutional Zone" according to the City Council request to the Planning Commission for'inclusion in the 1971 General Plan 6) due to the configuration of the proposed freeway in the Sousa Lane- Quito Road·area and existing convalescent homes the only logical use for the subject property would be "Instituational Use". -4- Planning Con~nission Minutes - 23 August 1971 - Continued VII. C. ~oposed Ordinance NS-3~29 - Continued Chairman Lively advised that the subject property on Sousa Lane has been zoned "R-i" and he did not feel Mr. Berliner was correct in saying that the best use of the property in that area woul·d be "Institutional Use" and the 1971 General Plan does not recommend any change in the '·'R-i" areas on Sousa Lane. Commissioner Marshall stated that the City Council did not recommend a change in the 1971 General Plan as stated by Mr. Berliner. Mr. Berliner stated that 1) obviously he and Commissioner Marshall have different ideas as to what transpired relative to this matter at the City Council meeting,of 18 August 1971 2) his client is am=ious. to obtain some type of determination from the Planning Commission relative to this matter 3) his client was advised to submit an appli- cation for a conditional Use Permit and he did that and met with the appropriate Committee and was then advised that the freeway location was questionable and no recommendation could be made until that situation was resolved 4) a map of the freeway is now available and has been discussed with Councilman Smithzand the Planning and Environmental Committee and 5) the applicantlnow requests that a report with a recommendation to the City Council be prepared relative to this matter at the earliest possible date. Commissioner Marsha~ stated that Item (3) of the Planning and Environmental Committee to the City Council dated 18 August 1971 recommends as follows: "3) ReVise the General Plan, subsequent to and independent of the 1971 General Plan Review, to reflect a land use designation in appropriate locations ·established· under good Planning principles for possible zoning to "Institutional"." Chairman Lively referred the proposed ordinance to the Subdivision Committee· for further study and a report.. D. Small Pet Ordinance Chairman Lively requested that the Planning Department Staff study the Small Pet Ordinance relative to animals with raucous outcries to determine if it could be modified since it has occurred to him that, perhaps, that section of the ordinance is too stringent especially where it relates to acre lots. E. Construction of Home on Three Oaks Way Commissioner Marshall stated that 1) the lot across the street from. his house has been sold and he has been watching the building progress 2)· the foundation was the hastiest job·ever put together in that it was poured and left for only twenty four (24) hours before starting construction on the house 3) the builders have back-filled and graded and formed an unsightly cliff 4)· it concerns.him that perhaps the Building Code is loose 5) he requests that each'Commissioner take a look at this site and 6) it appears that the house was designed without plan or little regard for actual placement of the house on the lot. The·Secretary stated. that Don Harris, Chief Building Inspector, ~uld submit a report relative to this site. VIII. CO~IUNICATiONS A o. WRITTEN None -5- plannin~· Commission Minutes - 23 August 1971 - Continued' VIII. B. ORAL Guests· Chairman LiVely noted, with regret, the absence of'a Councilman at this meeting and then acknowledged, with pleasure, the presence of ~s. Ruth Owen and ~. Ellis Ho~rd_0·f the Good Government Group. He, also, thanked ~s. Owen for the coffee to be served after the·recess. XI. ADJOURNmeNT Chairman Lively adjourned the meeting at 8:50 P.M. ReSpectfully submitted, ~tanl~y ~alker, Secretar'y' Saratoga Planning Commission