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HomeMy WebLinkAbout08-28-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~R, fISSION FRNUTES ******************** '~ TIME: Monday, 28 August 1972 - 7:30 P.M. z PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 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 Bacon, Lively, Marshall, Martin, and Metcalf. Absent: Commissioners Belanger and Smith. B. MINUTES Commissioner Bacon moved, seconded by Commissioner Metcalf, that the reading of the minutes of the 14 August 1972 meeting be waived and they be approved .as distributed with the following changes: page 2. last paragraph. .line!2. . .fill in the number 34 and in line 3. fill in the number. 29; page 3. .under II. A.. . paragraph 5. change the last line to read. ."1972; a vote was taken which showed a Split result; as previously agreed this vote was recorded as follows:" page 4. .under D. V-383. .paragraph 1. .line 1. .correct spelling of Louis O'Neal; motion carried unanimously. II. PUBLIC HEARINGS A. V-381 - Malachy J. Moran, Saratog~ Avenue - Request for Variance to Allow Lot Size and Width Reduction -.Continued from 14 August.1972 Chairman Lively reopened the hearing relative to V-381 at 7:35 P.M. The applicant was present, but had no further comments. The Assistant Planner read the Staff Report dated 28 August 1972 recommending that the subject variance to allow lot size and width reduction be denied. Commissioner Metcalf recommended a number of amendments be made in the subject Staff Report. Commissioner Martin moved, seconded by Commissioner Marshall, that the public hearing in connection with. V-381 be closed at 7:42 P.M.; motion carried unanimously. Commissioner Martin moved, seconded by Commissioner Marshall, that the Staff Report dated 28 August 1972 be'adopted, as amended and that the subject request for variance befdenied>on the basis that the findings required by Section 17.6 of Zoning Ordinance NS-3 cannot be made for the reasons stated in said repor[; motion carried unanimously. B. V-38~ - Konrad Fischer, De Havil!and Drive - Request for Variance to Allow Decrease in Side Yard Setback Requirements for Accessory Structure - Continued from 14 August 1972 Chairman Lively. reopened the hearing relative to V-383 at 7:46 P.M. The Assistant Planner advised that the applicant has requested that this request for variance be withdrawn since he has revised his building plans to meet the setback requirements. -1- Planning Commission Minutes - 28 August 1972 - Continued II. B. V-383 - Continued The applicant was not present and no one in the audienc~ wished to comment. Commissioner Marshall moved, seconded by Commissioner Metcalf, to close the h~aring relative to V-383 at 7:47 P.M.; motion carried ~. unanimously. Commissioner Martin moved, seconded by Commissioner Marshall, to approve the request for withdrawal of variance application V-383; motion-carried unanimously. C. V-385 - Wilford Meier, Sarahills Road - Request for Variance to Allow Reduction in Side and Rear Yard Setback Requirements - Continued from 14 August 1972 Chairman Lively reopened the hearing relative to V-385 at 7:47 P.M. The applicant was present and stated that he conferred with his architect and there is no way to relocate the house on this property without doing away with the front hall and entrance way of the house. The Assistant Planner read the Staff Report dated 28 August 1972 recommending that 1) the variance request to allow a 40-foot rear yard setback for the residence be granted and 2) the variance request to allow a reduction in the side yard setback for a swimming pool be denied. Commissioner Marshall explained that there is no valid reason under the Ordinance to grant a variance fo~ the pool; however, it is difficult to build a residence on this piece of property without the variance for the rear yard setback. Commissioner Metcalf stated that 1) he has not been to see this particular piece of property but he is disturbed b~ the apparent readiness to grant a variance on a'hillside lot - especially since we should only grant variances in cases of extreme hardships 2) in the case of V-385 the o~ner simply desires to place a particular residence on this lot and 3) the applicant and his architect should be required to design a house that will fit on this lot without a variance. Commissioner Marshall stated that it is difficult to appreciate the problems with this site without making an on-site inspection of the property. Commissioner Martin advised that 1) the property should really be seen to appreciate the views of the Variance Committee 2) it is true that a different kind of house could be built within the setback lines, but he is not at all sure the Planning Commission should dictate what type of house .a property owner should build and 3) granting a variance for the rear. yard setback represents better planning in this case. Commissioner Marshall moved, seconded by Commissioner Bacon, to close t~e hearing relative to V-385 at 8:00 P.M.; motion carried unanimously. Commissioner ~rtin moved, seconded by COmmissioner Marshall, that the 'variance request to all.o.w_..a reduction in rear yard setback requirements for a residence be~pr'ov~d~on the basis the required findings of Section 17.6 of Zoning Ordinance NS'~"~can be made for the reasons stated in said report and that ...the_request to allow a reduction in side yard setback for a swimming pool b~eni~ed)on the basis the findings required under Section 17.6 of Zoning Ordi- nanc~NS-3 cannot be made for the reasons stated in said report; motion carried with Commissioner Metcalf voting "no". -2- Planning Commission Minutes - 28 August 1972 - Continued II. D. UP-216 Saratoga Foothills'Development Corp., Wardell R~ad - Request for Use Permit to Allow Model Home Sales Office Chairman Lively opened the hearing relative to UP-216 at.8:01 P.M. The'Assistant Planner stated the Notice of He~ring was mailed. The applicant was not present and no One in the audience wished to comment. Chairman Lively closed the hearing for the evening at 8:03 P.M., directed UP-216 continued to the'next regular meeting and referred same to the Subdivision Committee. Eo UP-217 - Grace Methodist Church, Prospect Road Request for Use Permit to Allow Elementary SchOol (Kindergarten and First and Second Grades) Chairman Lively opened= the hearing relative to UP-217 at 8:04 P.M. The Assistant Planner stated the Notice of Hearing was mailed. Ue then read a letter (along with a petition containing 25-signatures) of opposition to the proposed Use Permit submitted by Mr. Don' Kenworthy., Mr. Kenworthy, President of Blue Hills Homeowners Association, was present and stated 1) a school is not the intended use of this property and the neighbors do not want a private school (along with playground and recess) next to their expensive homes 2) the adjacent residents have pools which would be adjacent to this school and 3) a use of the type proposed would devalue the property in the area. Mr. ~illiam Kimmel of 4979 Bucknail Road, Chairman of the Board of Trustees for the Grace Methodist Church, stated that 1) the existing classrooms at the church are now.'used.for church and scout meetings and for any other normal church uses and 2) the proposed school would operate on a five (5) day a week basis. Mr. David Fluitt, Director of proposed elementary school, was present and stated that 1) the school would open at 6:30 A.M. and close approximately at 3~00 P.M. and have a total of forty five (45) students. Commissioner Marshall stated that in the General Plan Report just recently adopted it states that church facilities should be used solely for church purposes. ~ Commissioner Metcalf then quoted: directly. from the General Plan Report dated 14 August 1972 as follows:~ "Church-related facilities should be limited to those normally to be expected in connection with a single congregation." No one els~ present wished to comment. Chairman Lively closed the hearing for the evening at 8:16 P.M., directed UP-217 continued to the next regular meeting and referred sam~ to the Subdivision Committee for study and a report at that time. F. Informal Hearing - Request of M.W.M. to Add Veterinary Office to List of Uses in "P-A" (Professional-Administrative Zoning District) - Continued from 14 August 1972 Chairman Lively reopened the hearing at 8:17 P.M. -3- Planning Cormnission Minutes - 28 August 1972 - Continued II. F. Informal Hearing Continued The Assistant Planner stated that this request has been renot~ced to ask for veterinary offic~ instead of veterinary hospital. He then read.correspondence filed in opposition to the subject request and submitted by the following: 1) Nettie G. Moser 20390 Orchard Road Saratoga 2) Mr. Joseph P. Long ' 14363 SaratogaTSanta Clara Avenue Saratoga 3) Mrs. Faith Appleby I Park Place Saratoga The Assistant Planner then read a petition filed in favor of the proposed use and containing fifty-two.(52) signatures. Mr. Sam Anderson, attorney present to represent the applicant, stated that 1) the proposed service is not available to the residents of the City of Saratoga at this time 2) the use of the building would be to give the animals their shots and perform only minor surgery 3) the doctor connected with this veterinary office is a fine man and has a veterinary hospital in the City of Campbell and the premises there are immaculate and 4) this use at this location would be one step toward improving the appearance of the adjacent lot and this property. The.Assistant Planner read the Staff Report dated 28 August 1972 recommending that the subject request to add veter'inary office to the list of uses in the "P-A" (Professional-Administrative Zoning District) be approved. Mr. Harry Shaw, resident of Saratoga Inn Place, stated that 1) his condomin{um is adjacent to the building currently being considered for the veterinary office 2) he and the other residents of Saratoga Inn Place purchased their homes at great expense 3) the building which would house the veterinary is not sound- proofed 4) some animals, treated later in. the day, would have to be kept overnight 5) .on the average it would' involve as many as five (5) animals per night, sometimes more, as estimated bY other veterinary doctors 6) with one patient every fifteen (15) minutes the existing traffic hazard at this location would worsen and 7) this is part of the most important corner in. the entire downtown area, if not the entire community, and it should be' carefully planned. Chairman Lively stated that apparently the residents of the area are concerned with the noise that may result from this use and he wondered if the residents of this area would still find the use objectionable if it were relocated in another area. Mr. Shaw replied that his answer would depend entirely upon the ultimate location, but he does object to the proposed location since it is only 100-feet away from his residence and in his opinion and that of his neighbors a veterinary office should be in a somewhat rural area. Commissioner Martin explained that a .pediatrician's office at the subject location~ also, involves patients coming and going every fifteen (15) minutes which would generate additional traffic at this corner. Mr. Shaw explained that a pediatrician's patients would not be staying overnight and the residents of the area are concerned about the noise during the evening and early morning hours. Evel)m Jackson, Saratogan, stated that the residents of the condominiums at the Saratogan concur with the objections as stated by Mr. Shaw. Planning Commission Minutes - 28 August 1972 - Continued II. F. Informal Hearing - Continued Mr. Bob Himmel, 14353 Saratoga Avenue., resident of Saratoga Inn Place, stated that.he objected to the location of the proposed veterinary office because his bedroom would be albout 100-feet from the subject use. Chairman Lively stated that he did understand the concern of the resi- dents of the area.and if this. use is 2added it will be added to all the "P-A" Zoning Districts in the entire City.: Mrs. Faith Appleby, I Park Place, sta. ted that in her written communications she clearly stated her opposition to 'adding this use to any "P-A" Zoning District in the City of Saratoga. The original zoning oE~ina~ce deliberately ommitted this use from the "P-A" zone.s. Mr. Vladimar Fabris, Saratoga Inn Place, stated that he feels the adjacent residents of other "P-A" Zoning Districts in the City would, also, protest. this use. Mrs. Ruth Carson, Saratoga Inn Place, stated that 1) she and her husband moved to this area from southern California about fourteen (14) years ago 2) they lived in San Jose for awhilel and studiend the area 3) they decided Saratoga was the only city that guarded their restrictive zoning and 4) if this use is now to be allowed in the ."P-A" zone it would be against the standards set for the City of Saratoga. Mrs. Gertrude Mc~inney, applicant stated that 1) she and her co-applicants are not interested in creating anything that will hurt anyone and 2) the buildings' .on this property are ideally set up for veterinary offices and this proposal would not even be considered if she thought it would be harmful to anyone. Mrs. Jensen, Saratoga resident, made the point that there are numerous dogs allowed to roam freely in the City an'd the proposed use would be far less noisy than these animals and would provide a needed service to the City. Commissioner Martin stated that it should be pointed out that the Staff Report recommends that veterinary offices be added as a conditional use to the "P-A" zones; therby, requiring a Use Permit for any such use. Chairman Lively closed the hearing for the evening at 9:06 P.M., directed this request continued to the next regular meeting and referred the matter to the Subdivision Committee for study and a report at the next regular meeting. III. BUILDING SITES AND SUBDIVISIONS A. SD-979 - Robert L. Dale, Peach Hill Road - Building Site Approval - 1 Lot - Continued from 14 August 1972 The Assistant Planner stated that the'applicant has requested that SD-979 be withdrawn. Commissioner Marshall moved, secondedby Commissioner Metcalf, that the request for withdrawal of SD-979 be approved; motion carried unanimously. B. SDR-981 - Richard Picone~ Saratoga-Sunnyvale Road - Building Site Approval - 1 Lot The Assistant Planner stated the applicant had reviewed the proposed conditions of approval and expressed satisfaction with same. -5- Planning Commission Minutes - 28 August 1972 - Continued III. B. SDR-981 Continued : Commissioner Bacon moved, seconded by Commissioner Marshall,' that the Building Site Committee Report dated 28 August 1972 relative to SDR-981 be_adopted and that the tentative map (Exhibit "A",.filed 18 August 1972) be'~_ppr.. oy_ed~subject to the conditions set forth in said report; motion carried unanimously. C. SDR-982 - Charles Guichard~ Wardell Road - Building Site Approval - 3 Lots The Assistant Planner recommended that SDR-982 be continued since there are particular problems with this site and two (2) communications have been filed in opposition to this building site one from Marcelle '.i Venator and the second from her attorney Terry D. Graff. Chairman Lively directed SDR-982 continued to the next ~egul~r meeting and referred the matter to the SubdivisiOn Committee. D. SDR-983 - James A. Hendry~ Canyon View Drive - Building Site Approval - 1 Lot Commissioner Marshall stated that, in his opinion, the map submitted by th~ applicant is not acceptable since all of the necessary information is not shown. 'The applicant was present and stated. he would prepare, for presentation at the next meeting, a more detailed map showing. all the necessary information. Chairman Lively directed SDR-983 con'tinued to the next regular meeting and referred the matter to the Subdivision Committee. IV.DESIGN REVIB~ None V. CITY COL~CIL REPORT 'Commissioner Bacon gave a brief summary of items reviewed and action taken at the City Council meeing of 16 August 1972. 'PLAN~NG POLICY COmmiTTEE Chairman Lively explained that the Housing Element Program ~.~ich recommends that a certain amount of government subsidized/low income housing shall be located in all areas of the County and the City of Saratoga is to have 140-units with a total of 4,000-units for the entire County. A copy of Production Objectives 'for 'Federally Assisted Housing will be provided to the various Cities for their comment. Chairman Lively further stated that PPC will co-sponsor a series of transit meetings - date and time to be announced at a later date. RECESS A=ND RECONVENE VI. OLD BUSINESS A. Retirement Housing Standards - Continued from 14 August 1972 The Assistant Planner recommended that this matter be continued since the 'mat[er is still under study by the Subdivision and Design Review Committees. Chairmah Lively directed the matter continued to the next regular meeting. B. SDR-970 - Jannette Palermo,.. Pike Road - Direction of City Council to Modify Condition of Building Site Approval - Continued from 14 August 1972 The Assistant Planner stated that the revised Building Site Committee Report is available and has been reviewed with the applicant's attorney, Mr. Tobin. -6- Planning Commission Minutes - 28 August 1972 - Continued VI. B. SDR-970 Continued Mr. Tobin was present and stated that Condition II-C of the Building Site Committee Report reflects the action 0f the City Council 2) he would again reiterate his feeling that the City of Saratoga does not constitUtionally have the right to impose this condition and 3) the condition as amended by the City Council is even more onerous than originally stated. Commissioner. Bacon moved, ~econded by Commissioner Marshall, that the Building Site Committee Report dated 28 August:1972 relative to SDR-970 be adopted, as amended by the City Council, and that'the tentative map (Exhibit "A", filed 11 May 1972) be reapproved)subject to the conditions set forth in said report; motion carried unanimously. C. SDR-973 (Tract 3485) - Noorudin BillaWala, Montalvo Road - Request for Reconsideration of Condition of Subdivision Approval - Continued from 14 August 1972 The Assistant Planner stated that this matter should be continued to allow the Assistant Director of Public Works time to return from vacation and meet with the applicant's engineer an~ discuss disagreements in connection with a memo written by the Assistnat Director of Public Works. Chairman Lively so directed. VII. NEW BUSINESS None VIII. CO[R~IrNICATIONS A. WRITTEN 1. AVCO Community Developers~ Inc. - Tract 5233 The Assistant Planner read a letter received from Mr. Ronald Harrison of AVCO Community Developers, Inc. requesting that a two-story house be allowed for Lot 17 of Tract 5233. Mr. Harrison was present and explained that the reason given for the one-story restriction was that there were no other two-story homes in the area and every effort has been made to honor the one-story condi- tion; however, the purchaser of this lot desires a two-story home. Lot 17 does show a 64-foot rear yard setback and there are other two-story homes in the area. Commissioner Martin suggested that before'the Planning Commission makes any decision on the matter the property owners to the rear of Lot 17 should be allowed to make their feelings'known. Chairman Lively directed the matter continued to the next regular meeting referred this request to the Design Review Committee and requested the Assistant Planner to contact the neighbors and obtain their opinion relative to this matter. ~ 2. Resolution No. 115-1 ~ Slope Density and Saratoga Open-Space Element and Plan Chairman Lively explained that Commissioner Bacon has prepared Resolution 115-1. relative to slope Density and a.memo regarding the Saratoga Open Space Element and Plan. Chairman Lively requested the Staff to prepare copies of these docu- ments for distribution to the Planning Commission. -7- Planning Commission Minutes - 28 August 1972 - Continued VIII. B. O~L 1. Mr. Robert Yeaton - Ecologist Commissioner Marshall stated that a Mr. Robert Yeaton met with the Subdivision Committee and this gentlemen is the Director of a non-profit organization that developed the~Knuth property and his intent is to develop land up Big Basin Way about one mile. If the property is developed with sanitary sewers then the property will have to be presented to LAFCO for 'annexation to the City of Saratoga. Mr. Yeaton is a retired ecologist and it should be noted that his aims and intents are very much in constance withZthose of the City of Saratoga. 2. Guests Chairman Lively acknowledged, with pleasure, the presence of Councilman Dwyer, Mr. and Mrs. McGuire of the Good Government Group, Mrs. S. A. Mencacci of the League of Women Voters, Debbie Bolvin of the Los Gatos Times Observer, and Mr. Sam Hernandez of the local Laurel Motor Court. · He, also, thanked Mrs. McGuire for the coffee served at recess. IX. ADJOURNMENT Commissioner Marshall moved, seconded by Commissioner Bacon, to adjourn the Planning Commission meeting of 28 AuguSt 1972 at 10:16 P.M.; motion carried unanimously. Respectfully submitted, .... Stanley-M. Walker, Secretary Saratoga Planning Commission j