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HomeMy WebLinkAbout09-13-1971 Planning Commission Minutes (2) CITY OF SARATOGA PLAN~ING COMbIISSION MINUTES TIME:. Monday, 13 September 1971, 7:30 P.M. PLACE: City Couucil 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, and Smith. Absent: Commissioners Martin and Metcalf. B. MINUTES Commissioner Smith moved, seconded by Commissioner Kraus, that the reading of the minutes of '23 August 1971 meeting be waived and they be approved as distributed; motion carried unanimously. II. PUBLIC HEARINGS A. C-147 Clifford C.' Beck, Saratoga Avenue and Cox Avenue - Request " for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "P-A" (Professional-Administrative) - Continued from 9 August 1971 'The Secretary explained that it would not be necessary to open the hearing relative to C-147 at this time since the applicant had been informed that due to the fact that the City Council had not yet acted on the General Plan this matter would be continued. The applicant was not present and no one inthe audience wished to comment relative to this matter. Chairman Lively did not open the hearing, directed C-147 continued to the next regular meeting, and referred same to the Subdivision Committee. B. C-148 - George W. Day, Fruitvale Avenue and Douglass Avenue - Request for Change of Zoning from "A" (Agriculture) to "R-1-40,O00" "P-C" (Single-Family Residential Planned Community) - Continued from 23 August 1971 The public hearing in connection with C-148 was reopened at 7:36 P.M. The Secretary stated that this matter was continued in order for it to be heard in conjunction with C-149 (next item on the agenda) He then read twD (2) communications filed in opposition to the pro-. posed change of zoning and received from: 1)' Harriet T. Parsons of 2901 Broderick Street, San Francisco. 2) Helen Ward, P..O. Box 205, Saratoga. The Secretary then proceeded to explain the maps prepared in connection with C-148. and C-149 and stated that 1) plan '~B'~ is the map originally "P C" development 2) four smaller maps submitted by George Day for a show the "P-C" concept as envisioned by the Planning Staff 3)' Exhibit "V" is the plan reviewed at the last meeting and which everybody seemed to prefer 4) the Subdivision Committee met with the applicant's represent- ative and as a result a plan containing the recommendations of the Staff,. the applicant and Mr. Beck (Planning Consultant) and 5) plan "B" allows all the lots in the "P-C" development to have frontage on the common green area. -1- P.lanning. Commission Minutes - 13 September 1971 - Continued I'I. B. C~148 - Continued Commissioner Smith stated that the density in the proposed "P-C" development would be lower than it would be if the property were developed'under straight "R-i-40,000" (Single-Family Residential) zoning. Commissioner Fagan stated that a resident of the subject area expressed concern about the increase in traffic on Douglass Lane that would result if this "P-C" deve].opment were constructed, but it is difficult to imagin~ anyone using Douglass Lane as a short~ cut-.rout~ because of the condition of a portion of Douglass. The Secretary stated that if the road is improved sometime in the future'then the traffic may well go that way; however, the applicant 'will not be required'to improve this ar~a of the road. Mr. Lou Leto, General Manager for George Day and Company, stated that 1)'with all these lots backing up to the common green area it will discourage unsightly fenqing along rear yards 2) every lot on the cul-de-sac has at least 100-feet of frontage and so do almost all. of the lots in the subdivision and 3) these lots. will look the same on the front of the lot:,=as in an "R-1-40~000" zoning. Chairman Lively closed the hearing for the.evening at 7:56 P.M., continued the matter to the next regular meeting, and referred same.to the'Subdivision Commi,.tt'ee.. C;, C-149 - City of Saratoga, Fruitvale Avenue and'Douglass Lane Request for Change of Zon'ing from "A".(Agricultural) to "R-I-40,000" "P-C" (Single-Family Residential Planned- .., C~mmunity) Chairman Lively opened the hearing at 7:57 P~M. The Secretary stated the Notices of Hearing were mailed. and published and the two communications filed in opposition to C-148 by Harriet T. Parsons and Helen Ward also apply to the subject application C=149. Mr. James C. Creel, 14230 Douglass Lane, a~ked whether the proposed change of zoning would benefit the George.Day Company or the City? Chairman Lively stated that.l). this change of zoning'is proposed by the City as a result of a=.Study.Session'with the City Council and Planning Commission.2) the City decided to initiate' this change. of zoning in order to create a situation wher~ proper space would be preserved! for the city'in the heart Of the community and 3) it ~ hoped that the benefits of the proposed zoning will be seen by the citizens of Saratoga. Mr. Creel stated that 1) 'he feels that rezoning personal property which forces owners off their property is unfair .2) he is conce~ed that further development in this area would cause a considerable increase in traffic on Douglass 3). DOuglass Lane is already a'speedway for motorcycles and sports cars 'and 4) he is, also, concerned about how fur.ther .development would' affect Wildcat Creek. Mr. Otto. Schmaelzle, 14401 Nutwoo'd'Lane, 'inquired why the existing zoning to allow one home per. acre cannot-remai.n? Chairman Lively explained that from an aerial View point the one-half acre building sites with the other one-hal.'f acre'designated as common green acres will give the appearance of "R-I.-40,000" (Single-Family Residential). Mr. Schmaelzle stated that he is opposed to any zoning that would allow more than one home per acre. and he.will'organize a petition to oppose any zoning that Would permit anything. else since 'the traffic would be .greatly increased. -2- Plannin~ Commission Minutes - 13 September 1971 - Continued II. C. C-149 - Continued Chairman Lively stated that there will be less homes on the subject property under the "P-C" zoning than Would be allowed· under the regular zoning. The subject "P-C" zoning is proposed by the City merely to create open-space for the citizens and this would belong to the people living in the subdivision. The open-space could belong to the public if it were dedicated to the City as open-space and if the City accepted the property. Mr. Schmaelzle stated, he felt, it was unfair to rezone property as a method to force owners off of their property. Chairman Lively suggested that Mr. Schmaelzle come into the City Offices and review all the available maps for the proposed "P-C" development and have the Planning Director explained exactly what a "P-C" development would entail. Mr. Creel inquired ~ each occupant of the "P-C" development would be obliged to donate a certain sum each month for the purpose of maintain- ing the open-space. Chairman Lively explained that each resident would be assessed and a Maintenance District would be formed or arrangements could be made for the City to maintain the open-space and the residents of the area would be taxed for said maintenance. Mr. Le[o explained that 1) everyone seems concerned about additional " traffic in the area if all the subject property is developed at once 2) George Day will not develop all of this property (only the seventeen acres owned by Day) and the property owners in the area who do not wish to sell or develop their property will not be forced to do so 3) the proposed change of zoning simply indicates that the City would like this area improved under a "P-C" development if it is to be developed or when and if the owner does decide to develop his property located in the subject area and 4) under the proposed "P-C" development the view from Fruitvale Avenue will be greenery and trees ~nd not the backs of houses as would be the case under straight "R-1-40~000" (Single-Family Residential) zoning. Mrs. Schmaelzle inquired whether the taxes would go up on all this property if the zoning were changed? The Secretary explained that the zoning of property is one Of the consider- ations in determing the assessed value but until the land is developed the taxes would not necessarily go up; however, the taxes can go up with the increased value of the'land itself. Chairman Lively requested the Planning Director to discuss this matter with the Tax Assessor to determine how the subject change of zoning would · affect the property o~,~ers in the area. Mr. Edward Panelli, attorney for the applicant, stated that the o~mers could protect themselves from increased taxes by filing under the Williamson Act. Mr. Creel stated that no one can assure these property owners that their taxes will not be raised so much that they will be forced to sell their property. Mr. Anthony Ban stated he owned property in the subject area and the taxes are too high already. A resident of Shadow Oaks stated that 1) Douglass Lane is presently used as a thoroughfare and it is difficult to imagine' that the traffic will not be increased with further development and 2) the beautiful creek located in this area is very important to many existing residents and they would not like to see it changed in any way. -3- I~I. C. C-149'- Continued Commissioner Marshall suggested that the people objecting to the "P-C" zoning have a careful talk with property o~ers in this area who have proposed a park or "R-I-20,000" zoning for the property in this area. Chairman Lively closed the hearing for the evening at 8:19 P.M., directed C~149 continued to the ·next regular meeting and referred same to the Subdivision Committee. D. C-139 Malachy'J. Moran, Saratoga Avenue - Request for Change of Zoning from "R-I-20,00'0" (Single-Family Residential) to "R-l-15,000" · ~ (Si'ngle-Family Residential),- Continued from 26 July 1971 Chairman Lively re-opened the hearing at 8:21 P.M. The Secretary stated that the ·applicant has submitted a letter requesting that C-139 be continued to the next regular meeting. Commissioner Smith stated that this matter has·been before the Planning · Commission for about eighteen (18) months and he would recommend that the matter be continued for another two (2) weeks onl~ with the under- standing that action will be taken at the end of the twoo(2) week period. Chairman Lively so directed and closed the public hearing·for 'the evening at 8:23 P.M. and referred same to the Subdivision Committee. I~I. BUILDING SITES AND SUBDIVISIONS 'A~' SD-904 - George W. Day, Fruitvale Avenue and Douglass Lane - Subdivision Approval - 15 Lots 'Continued from 23 August 1971 Commissioner Smtih stated that SD-904 sh'ouid be continued to the next regular meeting since it has been filed in conjunction ·with C-148. Chairman Lively so directed. B. SDR-911 - Willard Thompson, Oak Street and St. Charles Street - Building Site Approval - 1 Lot Continued from 9 August· 1971 · Commissioner Smith explained·that the applicant did grant a thirty (30') day extension which will expire before the next meeting·and at the time the applicant originally made·his application it was a valid application an.~,therefore, the statement in the General Plan relative to this area does not apply in this case. The Secretary explained that the City council did authorize the traffic study for this area which will take about three (3) to six (6) months to complete. Mr. Willard Thompson, applicant, stated·that 1) he purchased this property five (5) or six (6) years ago 'and when the property was in escrow Fifth Street was abandoned by the City and the Title Company·felt this should be examined and it was discovered.that the City never did own this street and the title went back·to residents of McCartysville (former name for the City of Saratoga) 2) h'e 'did find some of the mmers of the 'prop.erty and managed to.have'the title changed 3)'.an effort to find financing for four (4) units is difficult 4) during this time the City requested that construction be postponed tO allow time to consider whether St. Charles Street would be used as a one-way street 5) now the traffic study will again postpone action on the building site a~d'6) he feels he has abided· by all the rules and had done everything the City has requested. Chairman Lively·stated he would be in favor of allowing this matter to remain active·until after the traffic study is completed. The Secretary explained that a Citizens Committee will be formed to consider the traffic study and he ·feels sure the applicant will be asked to be a member of that Committee. -4- Plannin~ Conm~ission Minutes - 13 September 1971 - Continued III. B. SDR-911 - Continued Commissioner Smith moved, seconded by Conm~issioner KrauS, to deny building site approval for SDR-911 unless a letter of extension is received from the applicant; motion carried unanimously. C. SDR-918 - Monty' R. Boyd, Arroyo de Arguello - Building Site Approval- - 1 Lot - Continued from 23 August 1971 Commissioner Smith reconmended that SDR-918 be continued to the next regular meeting. Chairman Lively so directed. D. SD-919 - Kosich Construction Co., Ted Avenue - Building Site Approval - 5 Lots - Continued from 23 August 1971 The applicant was pregent and stated he had reviewed the proposed '.'.conditions of approval and expressed satisfaction of same. Commissioner Smith moved, seconded by Commissioner Kraus, that the Subdivision Committee Report dated 13 September 1971 relative to SD-919 be adopted and that the tentative map (Exhibit "A-I", filed 2 September 1971) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-920 - Roman T. Chavez, Belnap Court - BuildingSite Approval - 1 Lot - Continued from 23 AUgust 1971 Commissioner Smith recommended that SDR-920 be continued to the next regular meeting. Chairman Lively so directed. IV. DESIGN REVIEW NONE V. CITY COUNCIL REPORT IRe Secretary gave a summary of items reviewed and action'taken at the City Council meeting of 1 September 1971, with emphasis on items of particular interest to the Commission. PLANNING POLICY CODIITTEE Commissioner Kraus gave a summary of items considered at the Planning POlicy Comnittee of 26 August 1971 with emphasis on the following: 1) Elimination of the Executive Committee. An ~ alternate representative from each City. has been requested in case the regular member cannot attend the meeting of PPC. 2) The Martin'Marietta Corporation's proposal for an Environmental Park for Santa Clara County. 3) That the Advisory Committee on ttousing be composed of a PPC member from each jurisdiction and a PPC designee from each jurisdiction. VI. OLD BUSINESS A. SDR-914 - Gill Schaper, Hilltop Way - Request for Reconsideration of Conditions The Secretary stated that this is a request made by the applicant to · ask the City to reimprove Hilltop Way. ~e Secretary recommended that' the matter be continued to the next regular meeting and'referred to the Subdivision Conmittee. Chairman Lively so. directed. Planning Commission Minutes -. 13 Septcmber 1971 - Continued. VI. B. UP-191 - Broken and Kauffmann~ Brockton Lane - Request for Extension The Secretary recommended th,~.t this matter be referred to the Staff for a report since further time is necessary to determine the applicant's compliance with the parking and Street tree planting requirements. Mr. Pete Rose~ present to represent the applicant, questioned whether there was really a need. for continuance of the parking lot in conjunction with' the subject Use Permit since all but one of the model homes have been sold and the remaining lots will be built-on according to individual specifications. Chairman Lively directed Mr. Rose to discuss this matter with the Planning Department Staff and continued the matter to the next regular meeting. C. Construction of Home on Three Oaks Way The Secretary explained that the Chief Building official, Don Harris, submitted a letter of explanation after making a construction inspection at 19557 Three Oaks Way. COmmissioner Marshall amended the report. and stated 1) he still felt there were many discrepancies allowed in the eonstruction at this site and maybe the Building Code should be changed to have.stricter regula- tions 2) 'the Subdivision Committee spends a great deal of time studying potential.building site applications and 3) all single'family homes should, perhaps, be required to apply for Design Review Approval just as is ~equired for subdivisions. Chairman Lively referred this matter to' the Staff and requested them to check with other cities to determine what type of approval they require for their single-family residence. 'VI~. NEW BUSINESS A. SD-607 - Douglas P. Hines~ Pierce'Road - Access Road The Secretary stated that the applicant has submitted a letter requesting that the City modify their action concerning Mr. Box~an's building site (SDR-910) approval and require instead that access to his property be 'made from the proposed city street immediately to the south of his property. Chairm~n Lively referred this matter to the Subdivision Comnittee for further 'study and directed the matter continued to the next regular meeting. B. Kunkel-Thomas - Preliminary Map - "P-C" (Planned-Community) Development The Secretary explained that 1) the representatives of Kunkei-Thomas met with the Subdivision Committee and they have submitted maps for consideration by the.entire Planning Commission this evening 2). the 'property involved. is the Hartman Property on Sobey Road and 3) it consists of 12+ acres with proposed single-family homes on a cul-de-sac bordered by open-space and a comnmnity-center area on one side. Chairman Lively suggested .that 1) it should be determined'how many building sites they could.realize with this'property under a standard subdivision and 2) the trees must be shown on the map before any consideration can be given by the Planning CommiSsion. -6- Planning'Comnission Minutes - 13 September ].971 - Continued VIII. CO~iUNICATIONS A.WRITTEN None B. ORAL Chairman Lively noted, with regret, the absence of a Councilman at this meeting and then acknowledged, with pleasure, the presence of Mrs. Wilberding of the Good Government Group. He, also, thanked Mrs. Wilberding for the coffee to be served after the recess. IX. ADJOURN!-~NT Chairman Lively adjourned the meeting at 9:00 P.M. Respectfully submitted, / Saratoga Planning Commission -7- CITY OF "SALRATOGA ..PLAL,~IING ..OOP'~ilSS ION AGENDA TIb~-: Monday, 13 September 1971 - 7:30 P.M. PLACE: City Council Chambers, 13777 F~itva!e Avenue, Saratoga, California e5070 TYPE: Regular Meeting : I. ROUTINE ORGANIZATION ' P~'DLL CALL B. ~,LIiflJTES : A. C~147 -'Clifford C. Beck, Saratoga Avenue and Cox - Request for Change of ........... Z~:~in~ from "P,-1-10,000" {Single-Family Residenot. ial) to "P-A" (Frof~ssional-Admin~strat~ve) - Continued from ~ August 1971 C-148 - George W. Day, Fruitvale Avenue and Douglas Avenue - Request for ChaP-ge of Zoning from "A" (Agricultural) to "R-1-40,O00~ "P-C" (Single-Family Residential Planned Community) - Continued from 23 August 1971 C. C.-149 -Ciay .'.f Saratoga, Fru.!tvale Ave:.~ous and Douglas Lane ~ Keques~ for ......... Change of Zoning from "A" (Agricultural) to "R-I-40,000" "P-C" (Single-F~mi ly Residential Planned Community). LTM. C-139 - Fmlachy J. Moran, Saratoga Avenue - Request for Change of Zoning from "R-I-20,000" (Single-Family Residential) to "R.l-15,000" .(Single-Family Residential) - Continued from 26 _J_ul_.y 1971 III. BUILDING SITES AI~D SUBDIVISIONS A. SD-904 - George W. Day, Fruitvale Avenue and Douglas Avenue - Subdivision Approval - 15 Lots - Continued from 23 August 1971 .................. B.....,.SDR-91..1.:-- Willard Thompson, Oak Street and St. Charles Street - Building Site Approval - 1 Lot - Continued from 9 August 1971 C. SDR-918 - Mont~Z R. Boyd, Arroyo de Arguello - Building Site Approval - 1 Lot - C~ntinued from 23 August 1971 D. SD-919 - Kosich Construction Co., Ted Avenue - Building Site Approval - 5 Lots - Continued from 23 AuMust 1971 E. SDR-920 - Roman T. Chavez, Belnap Court - Building Site Approval - 1 Lot - Continued from 23 August 1,e'71 IV. DESIGN REVIEW V. CITY COU~ICIL REPORT VI. OLD Y-:USINESS A. SDR-914 - Gill Schaper, Hilltop Way - Request for Xeconsideration of Conditions B.. UP-191 - Broom and Ka_uffmann, Br0ckton Lane - Request for Extension vii. N~ BUSIneSS VIII. CO~3NICATIONS A. !,~{ITTEN B. ORAL IX. ADJOUP~.~EMT