HomeMy WebLinkAbout11-22-1971 Planning Commission Minutes (2) CITY OF SARATOGA PLANNING COMMISSION
MINUTES
TIME: Monday, 22 November 1971 - 7:30 P.LM.
PLACE: City Council Chambers - 13777 Fruitvale Avenue, Saratoga, California 95070
TYPE: Regular Meeting
I. ROUTINE ORGANIZATION
The meeting was called to order by Ch'airman Lively at 7:30 P.M.
A. ROLL CALL
Present: Commissioners Bacon, Be, langer, Lively, Martin, Metcalf, and Smith.
Absent: Commissioner Marshall. ~
B. .WELCOME_.-B~CK
Chairman Lively j~recognized the return of Commissioner Bacon and stated the
Planning Commission was happy and: fortunate to have him back on the Commission.
C. MINUTES
Commissioner Metcalf moved, seconded by Commissioner Belanger, that the
reading of the minutes of 8 November 1971 meeting be waived and that they
be appr6ved as distributed with the following addition:
page 7. .under Oral. . .add.. ..Commissioner Martin recommended that a
Citizens Committee be formed to review inconsistencies in the City Ordinance;
motion carried with Commissioner Smith abstaining.
D. SCHEDULE JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING
Chairman Lively stated that the Secretary has been asked by the City
Council to arrange a joint meetin~ of the City Council and Planning
Commission.
After a brief discussion it was agreed that 12 January 1971 would be
a date when the Planning CommissiOn could meet.
Chairman Lively requested the Secretary to communicate with the City
Council to determine if this date;would be appropriate for the
joint-meeting.
E. COMMITTEE ASSIGNMENTS
Chairman Livel!__appointed Commissioner Bacon to the Subdivision Committee
and the DesignSReview Committee. ·=Commissioner Fagan resigned from the
Planning Comm{~sion leaving ~ ~a~cy on the Subdivision Committee and
Commissioner Martin has been serving on three (3) Committees; therefore,
Commissioner Bacon will take his }lace on the Design Review Committee.
II. PUBLIC HEARINGS
None
III. BUILDING SITES AND SUBDIVISIONS
A. SD-904 - George W. Day, Fruitvale.Avenue and Douglass - Subdivision Approval
- 15 Lots - Continued fr6m 8 November 1971
The Secretary stated that 1) SD-904 should be continued to the next regular
meeting and 2) Mr. Leto, General Manager for George Day Company, has some
· alternate plans available and will submit them to the Planning Department
prior to a scheduled meeting with the Subdivision Committee on 2 December 1971.
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Planning Commission Minutes - 22 Novemb·er 1971 - Continu~'
III. A. SD-904 - Continued!
' Chairman Lively stated that after attending the]latest City
meeting it is his o~inion that the ~ity Councilswill accept a
P-C zoning if the lot size is not more than 38,000 square feet
With the so called· common green area left as a perimeter area
around the property.
Commissioner Smith stated that 1) he did suggest to Mr. Leto that
the lots be kept to a 35,000 square foot minimum or maybe a little
higher and 2) h~ did not feel that ~i~P-C" development should be
developed only as a subterfuge for "R-I-40,000" (Single-Family
Residential) zoning~by providing only 500-feet per lot of open space.
Commissioner Belanger stated that she felt the city council
favored the 35,000 square foot lots for the "P-C" development.
Chairman Lively stated that the City must be·careful in the design
of this "P-C" development since, he felt, 5,000 ·square feet times
~eventeen lots is a substantial amount of footage.
Chairman Lively directed SD-904'continued to the next regular
meeting and referred same to the Subdivision Committee for careful
review and consideration.
B. SDR-918 - Monty R. Boyd, Arroyo de Arguello - Building Site Approval
- 1 Lot - Continued from 8 November 1971
The Secretary e.~plained that there is some difficulty in getting this
matter resolved since the original owner Mr. Comer has retained some of
this property and the City Attorney has asked that the matter be continued
to the next regular meeting.
Chairman Lively so directed and referred SDR-918 to the Subdivision
Committee.
~ C. SD-927 - Ditz-Crane Builders, Inc., Sea Gull Way - Sub'dlVi'~i~'~A~pr~l - 9 Lots - Continued from 8 NovemBe~"1971 ....
The Secretary explained that the applicant has submitted a letter of
withdrawal because the City has agreed to purchase this property
for a park site.
Commissioner Smith moved, seconded by Commissioner Metcalf, that the
Planning Commission approve.··: the request for withdrawal and terminate
the proceedings in connection with SDR-927; motion carried unanimously.
D. SDR-930 - Fernando J. Gonzales, Arroyo de Arguello - Building Site
Approval - 1 Lot
The Secretary explained that this site is, also, very involved with the
Comer development but does not have the problems like the Boyd (SDR-918)
property. Under the Building Site Approval for SDR-930 the applicant
has been asked to improve Comer Drive and Arroyo de Arguello.
Mr. Gonzales was present and stated that 1) he has an agreement with
Mr. Comer".~;her~by'7.'Mr. Comer is held responsible for the completion of
the improvements as stated in the Building Site Committee Report dated
22 November 1971 2) Mr. Comer has submitted his improvement plans to
the City and these were accepted 3) there is nothing he (Mr. Gonzales)
can do until Mr. Comer completes the improvements 4) the request for
Building Site Approval was made in order that a Building Permit could
be obtained from th'e Building Department 5) Mro Comer cannot start the
stipulated improvements until he completes the bridge and 6) he (Mr. Gonzales)
would request that he be allowed to obtain a Building Permit and b~gin
construction of his home prior to completion of the required improvements.
f
Planning Commission Minutes - 22 November: 1971 - Continued
III. D. SDR-930 - Continued
The Secretary explained that the only way the applicant could go
ahead prior to completion of the improvements would be if Mr.
Gonzales or Mr. Comer posted bond to guarantee that these improve-
ments would be made at a later date or if the City Council agreed
to waive the bond at the time of final approval.
Mr. Gonzales advised that Mr. Comer has posted bond; therefore, the
improvements could be covered under that bond.
The Secretary explained that the bond submitted by Mr. Comer does
not cover all the improvements that have been required.
Mr. Gonzales stated that another builder (Columbus Founders), also,
had improvement requirements placed on their development and they are
selling their property with the understanding that the new owners
can proceed with constuction.
The Secretary explained that this is possible because the Columbus
Founders people posted a bond for the entire improvements as required;
whereas, Mr. Comer has been reluctant to post bond in an amount suffi-
cient to take care of all the c~npletion improvements.
Mr. Gonzales stated that ColumbUs Founders submitted a letter of credit
and he (Mr. Gonzales) inquired if the City would accept his letter of
credit.
The Secretary explained that the City would accept a letter of credit
from the applicant for the subject improvements.
Mr. Gonzales stated that 1) he has purchased a piece of land from
Mr. Comer and'ily part of the required street-improvements are to be
done on the Gonzales land 2) Mr. Comer has given him an easement
over this property, but he "(Mr. Gonzales) does not own the easement
therefore, he should not be required to put in the improvements and
3) even if he wanted to put the improvements in he does not think
he could, because he does not Own the easement property.
Chairman Lively stated that since Mr. Gonzales has an agreement with
Mr. Comer to have these improvements put in then Mr. Comer should be
held to that-agreement.
The Secretary explained that the applicant is proposing the development
and building on this lot; therefore, it is his responsibility to see
that the subject improvements are met.
Chairman Lively explained that the City will allow the applicant to
post bond for the subject improvements or accept a letter of credit
for same.
Commissioner Smith moved, seconded by Commissioner Bacon, that the
Building Site Committee Report dated 22 November 1971 relative to
SDR-930 be adopted and that the tentative map (Exhibit "A", filed
12 November 1971) be approved subject to the conditions set forth in
said report; motion carried unanimously.
IV. DESIGN REVIEW
A. SD-864 - Saratoga Foothills Development Corporation, Fruitvale Avenue -
Preliminary Design Review - Landscape Treatment Along Fruitvale
Avenue
The Assist'ant Planner read the'Staff Report dated 22 November 1971
recommending Preliminary Design Approval be granted landscape
treatment along Fruitvale Avenue as proposed by the applicant.
Commissioner Metcalf recommended that the subject report be amended by
changing ~'i~'~'87 . .of paragr§ph 1. . . to read as follows:
................. ~a'°'f~r '~4~ ~t high ~ence,'~a 2~foot reta~ning'waii on the ......
inside of the berm facing the:individual''
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Planning Commission Minutes - 22 November 1971 - Continued
IV. A. SD-864 - Continued
Commissioner Metcalf stated thatzl) the Design Review Committee and Staff
met a number of times with the developer and landsc~-__.a_rchitect and the
result of these meetings and eventual solution to the problem is described
in the subject Staff Report and shown on Exhibit "A" 2) the developer
has given up some 7e-feet of land and has relocated a couple of houses and
3) the Assistant Director of Public Works has stated that if the land-
scape plan were developed as planned it would encroach on the ultimate
right-of-way on Fruitvale Avenue.
The Secretary explained that the:Public Works Department feels that
if the meandering pathwa~ mounding and landscaping were installed as
proposed it would seriously reduce or possibly eliminate the proposed
median dividing the eventual four-lane Fruitvale Avenue.
Commissioner Smith stated that the Planning Commission previously recommended
that there not be a median on FrUitvale Avenue.
Chairman Lively stated that everything should be done to prevent the
bowling-alley atmosphere on Fruitvale Avenue. He then referred to a
memo received for the Assistant Director of Public Works and after a
brief review of same recommended.that it be returned to Public Works
for revision.
Mr. Bernie Turgeon, representative from Saratoga Foothills, stated that
if the median were eliminated a better job of fencing and landscaping
along Fruitvale Avenue can be doae.
The Assistant Planner stated there is an unofficial plan line for Fruitvale
Avenue.
Commissioner Metcalf stated that~ he felt, the applicant's proposed plan
for fencing and landscaping is most appropriate for Fruitvale Avenue to
set the future tone for Fruitval& Avenue and if the Department of Public
Works does not agree they should.be made to. realize the landscaping that
is put in will be there a long time before any four-lane Fruitvale Avenue
is realized.
Chairman Lively recommended thatlthe Planning Commission grant Preliminary
Design Approval and then request. the Secretary to co~fm~unicate to the City
Council and Public Works Department that there is an apparent conflict
between the strong recommendation of the Planning Commission for elimination
of the median on Fruitvale Avenue and the tentative plan-line as proposed
by the Public Works Department.
Commissioner Metcalf moved, seconded by Commissioner Martin, that the
Staff Report dated 22 November 1971 be adopted, as amended, and that
Preliminary Design Approval be granted for the landscape treatment along
Fruitvale Avenue as shown on Exhibit "A" in file SD-864; m.)tion carried
unanimously.
B. A-383 - Corinthian Studios, Big Basin Ways- Final Design Review - Facade
Remodelins and Warehouse. Addition
The Assistant Planner read the Staff Report dated 22 November 1971 recommend-
ing that Final Design Approval be granted for A-383.
Commissioner Belanger inquired if the applicant will be able to get
vehicles through to the rear of 'the building to unload their freight
rather than continue the procedure on Saratoga-Los Gatos Road after
completion of the subject remodeling and addition.
The Secretary explained that there is really no way the applicant can
increase the driveway without reducing the size of the building.
Planning Commission Minutes - 22 November 1971 - Continued
IV. B. A-383 - Continued
Commissioner Smith stated that according to the Zoning Ordinance the
applicant does not have enough parking spaces to construct a second
floor as proposed.
Commissioner Metcalf agreed that' with the major reconstruction proposed
by the applicant greater parking-requirements will have to be met.
Chairman Lively, due to the complications that have arisen relative to
the parking, directed this matter continued to the next regular meeting.
V. CITY COUNCIL REPORT :
Chairman Lively gave a summary of items reviewed and action taken at the
City Council meeting of 17 November 1971, with emphasis on items of particular
interest to the Commission.
PLANNING POLICY COMMITTEE
Chairman Lively stated he artended the last meeting of the PPC and has
the following to report:
1) There will be a meeting in ~os Gatos to discuss Slope Density
and other hillside planning~ programs.
2) The Plan and Policies for Santa Cruz Mountain Study was
adopted.
3)Adoption of the PPC recommendation for County Wide Park
and Recreational Plan.
4) Progress Report of Baylands Study.
VI. OLD BUSINESS
A. Possible Revision for Design Review of Single-Family Residences -
Continued from 8 November 1971
Commissioner Metcalf stated he prepared a draft relative to this matter;
however, the Design Review Committee has not had an opportunity to review
it; therefore, he recommends that the matter be continued to the next
regular meeting.
Chairman Lively so directed.
B. Development and Building Morator'ium for the Bohlman Road-Norton Road Area
The Secretary read the Staff Report dated 22 November 1971 recommending
that the Planning Commission recommend to the City Council that a mora-
torium on development and building be established for all the mountainous
area served by Bohlman Road and Norton Road.
The Secretary then explained that 1) the County does not really have an
existing building moratorium policy 2) there is only a 2~-acre require-
ment for each building site, but' even with that there has been some build-
ing in the hillside area and 3). for an emergency ordinance there is a
90-day limitation and then it can be renewed for a year; however, at the
end of the year some permanent sblution must be proposed.
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Planning Cor~nission Minutes - 22 November. 1971 - Continued
VI. B. Moratorium - Bohlman Road-Norton~Road - Continued
CommissiOner Smith moved, seconded by Commissioner Bacon, that the
Staff Report dated 22 November 1971, recommending that a moratorium
on development and building be established for all the mountainous
area served by Bohlman and Norton Roads,~be adopted and forwarded to
the City Council as the recommendation 6f the Planning Commission;
motion carried unanimously. ~
C. Prides Crossing South Unit ~4 - Revised Map
The Secretary introduced the Subdivision Committee Report dated
22 November 1971.that 1) stated the Subdivision Committee and Staff
find no objection to the r~vision in the final map of Prides Crossing
South Unit #4 regarding the alignment of Brookglen Drive and 2) recommend-
ing that the City Council be advised that future revisions on tentative
maps be referred formally back tO the Planning Commission for its
recommendation.
Commissioner Martin stated he is.disturbed that the map was changed
without notification to the Planning Commission.
Commissioner Smith stated that it should be conveyed to the City Council
in some way that the Planning Commission would like to review revisions
made by the City Council in connection with tentative maps.
Chairman Lively requested the SeCretary to forward a communication to the
City Council stating that the Planning Commission requests that in the
future if there is a revision inla tentative map i~"~be referred back
to the Planning Commission for their recommendation/and/or comments.
D. Prides Crossing - On-Site Inspec[ion
Commissioner Metcalf stated thatzhe did make an on-site inspection,
along with Commissione~Martin, ~nd examined the area along Cox
Avenue in Prides Crossing South subdivision and found a number of
discrepancies that existed there.:
1) The planting that was put in Unit 1 has not been
properly maintained andchanges that were agreed
upon were never made.
2) On the other side of Miller and along Cox Avenue
the developer proceeded to put in brick pillars
for a fence without getting Design Review Approval
and the brick ~illars are now all in and may be slightly
closer to the right-of-~ay than they actually
should be. ~
Commissioner Metcalf further stated that it should be stipulated to
the developer that he should.keep his fence back at least the same
distance as the fence on the other side of Miller so there will be
two-foot space for planting. As far as Sight distance is concerned
at the corner of Cox and Miller and at Miller and Brockton - in
nei.~her case can you make a turnz and see. to the left because of a
~ix-foot fence and this situation should be reviewed by the Public
Works Department. There are telephone cables and three poles at the
area of the Cox Garage that serve only one location andseem to pro-
vide no other useful purpose~fa~d this should be investigated.
The Secretary explained that these matters~will be given consideration
by the Staff and a report submitted to the Planning Commission by the
meeting of 13 December 1971.
Plannin~ Commission Minutes - 22 November: 1971 - Continued
VI~ii~E. Amling-Gilmore Wholesale Florist
Commissioner Metcalf reported that 1)this establishment has been in
existence for approximately one ~(1) year and still does not have a
legal sign and 2) the decoration on the building and the parking of
numerous trucks with advertising signs on them is a flagrant violation
of the Zoning OrdinanCe. Commis'sioner Metcalf suggested that the
Code Enforcement Officer be urged to again contact the owner and
require him~ to abate these violations.
The Secretary explained that the~ applicant has been contacted by
the Code Enforcement Officer andZ steps are being taken to force
the applicant to abate said violations.
Chairman Lively stated that 1) this violation is in plain view of
many other business'establishments on Saratoga-Sunnyvale Road and
these merchants will begin to feel that if the florist shop can get
away with violating the Zoning Ordinance then they should be able
to as well and 2) it should be recommended to the City Council that
immediate action be taken to eliminate the subject violations.
F. House on Douglass Lane and the Cunningham Houses
Commissioner Metcalf, in answer to an inquiry from Commissioner Smith,
stated that a combined inspectioh with the Health Department and Code
Enforcement Officer should be made of the two (2) Cunninghamhouses
and the house on Douglass Lane where there seem to be many suspicious
activities underway.
G. C-129 - James F. Wilson, Pierce Road - Request for Reinstatement of
Change of Zoning Application
The Secretary read a conm~nication received from Mrs. Wilson requesting
that the request for Change of Zoning in connection with C-129 be
reinstated. He then explained that ~is application for Change of
Zoning was continued to after the completion of the General Plan Review.
Chairman Lively requested the SeCretary to set a public-hearing for
C-129 as soon as possible and re.ferred the matter to the Subdivision
Committee.
H. Removal of Trees - Our Lady of Fatima Villa
The Secretary read a communication received from the Lady of Fatima Villa
explaining the reasons they felt!removal of a Pine Tree from the Villa
property was justified.
The Secretary explained that 1) :he has denied the applicant a permit
for removal of the tree 2) the ~ermit was requested after two (2)
other trees were removed withoutla permit 3) several of the neighbors
are very concerned and 4) this appeal will be heard by the City Council
at their meeting of 1 December 1971; however, the matter should be
referred to the Design Review Committee since they do have jurisdiction
over landscaping.
Sister Mary A'Kempis, O.P., present to represent the Villa, stated that
the subject tree is truly a potehtial accident hazard and the road is
is poor condition and she would like to see the tree removed.
Mr. L. A. Philipp, 19660 Glen Una Drive, stated that 1) his wife has been
a patient at the nursing home for two (2) years 2) he has visited the
Villa each morning and each evening so he has been in and out of the park-
ing lot approximately 1500 times. and that makes hi~. somewhat of an expert
on the 'condition of this tree 3)~ the root system sustaining the tree in
a vertical position is we~k because of narrow bank soil under the tree and
a high wind could blow the tree down on top bf the building !injuring many
patients 4).~his wife's room is directly opposite this tree and if the tree
fell it would fall right on a high-voltage line and 5) the parking is
very limited and if the subject .tree is removed the parking can be increased.
Planning Commission Minutes - 22 November 1971 - Continued
VI. H. Trees - Continued
Commissioner Metcalf, on behalf ~f the Design Review Committee, made
arrangement with Sister A'Kempisifor an on-site inspection of this
property for iTuesday, 23 November 1971.
VII. NEW BUSINESS
None
VIII. COMMUNICATIONS
A.WRITTEN
None
Bo ORAL
Chairman acknowledged, with pleasure, the presence of Mrs. Russel
Bacon, i.~fe of Commissioner Bacon, Dorothy Parker and Roger Lueck
of the Good Goverb_ment Group. No Councilman was pres~ent at this
meeting.
IX. ADJOURNMENT
Chairman Lively adjourned the meeting at 9~.20 P.M.
Respectfully submitted,
Stanley M~ Walker, Secretary
Saratoga Planning Commission
j
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AGE~A
iTil.~: Monday, 22 !lovetuber 1971 - 7':30 P.Di.
~CE: Saratoga Cit~ COuncil ~ers, 13777 Fmitva!e Avenue, Saratoga
'~E: Regular Meeting '
I. ROU~I~ ORG~,~ZA~ON
A. ROLL ~L
II.P~LIC HEPI~qGS
l!one
III.' BUILDING SI~ ~ SUBDIVISIO~S
A. SD-904 - G~rge W. Day, Fruitvale Avenue and Douglass - Subdivision
ApproVal - 15 Lo~s - Continued fr~ '8 November 1971
B. SDX-918 - I, bnty Z. Boyd, Arroyo de Arguelle - Building Site Approval
- ! Lot - Continued from 8 November 1QT1
C. SD-927 - Ditz-Crane Builders,.' Inc., Sea Gull ~Yay - Subdivision
Approval - 9 Lots - Continued fr~ 8 Nove~er 1971
D. SDR-930 - Fe~mando J. Gonzales, Arroyo de ~ello - Building Site
~proval - 1 Lot
IV. DESIGN PZVIEW
A. SD-864 - Saratoga Foofi~ills Develo~ent Coloration, F~i~ale
Avenue - Preli~na~ Design ~evie~; - Landscape ?~eament
Alon5 F~itvale Avenue
B. A-383 - Corinthian Studios,' Big Basin Way - Final Desi~ Revi~,; -
Facade ZemodelinJ' and Warehouse Addition
CI~ CO~qCIL P~PORT
VI. OLD BUSI~ZSS
A. Possible Revision for Design Review of SinSle-F~ily Residences -
Continued fr~ 8 I, Iov~ber 1971
VII. ~ZW BUSi~SS.
B. OP~