HomeMy WebLinkAbout09-11-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
TIME: Monday, September 11, 1972 - 7:30 P.M.
PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California
TYPE: Regular Meeting
Io ROUTINE ORGANIZATION
The meeting was called to order by Acting Chairman Marshall at 7:30 P.M.
A. ROLL CALL
Present: Commissioners Bacon, Belanger, Marshall, ~rtin, and Smith.
Absent: Commissioners Lively and Metcalf.
B. MINUTES
Commissioner Bacon moved, seconded by Commissioner Martin, that the
reading of the minutes of the August 28, 1972 meeting be waived and
they be approved as distributed with .the following change: page 8.
under II. B. 1. .paragraph 1. .line 8. .change the word
"constance" to "consonance"; motion carried with·Commissioner Smith
abstaining.
II. PUBLIC HEARINGS
A. UP-216 - Saratoga Foothills Dev. Corp., Wardell Road - Request for Use
Permit to Allow Model Home Sales Office j Continued from
August 28~ 1972
Chairman Marshall reopened the hearing at 7:32 P.M.
Mr. Jerry Lohr, the applicant, was present but had no further comments
and no one in the audience wishedto remark.
The Secretary read the Staff Reprot·dat·ed September 11, 1972 recommending
that the subject request for Use Permit be approved.
Commissioner Smith moved, seconded'by Commissioner ~rtin, to close the
hearing relative ,to UP-216 at 7:34 P.M.; motion carried unanimously.
Commissioner Smith moved, seconded by Commissioner Bacon, that the Staff
Report dated September 11, 1972 be adopt·ed and the subject Use Permit to
allow a model-homes sales office on Wardell Road for a period of one (1)
year be(.~r_ant____edJSubject to the conditions stated in said report; motion
carried unanimously.
B. UP.217 - Grace Methodist Church, Prospect Road - Request for Use Permit to
Allow Elementary School ·(Kindergarten and First and Second Grades)
- Continued from August 28~ 1972
"The Secretary stated that the applicant has submitted a communication
requesting that the subject request for Use ·P·ermit be withdrawn.
Commissioner Smith moved, seconde'd by Commissioner Bacon, that the request
for withdrawal of UPo217 be approved and all proceedings relative to same
be terminated; motion carried unanimously.
--z1 --
Planning Commission Minutes - September 11~ 1972 Continued
II. C. UP2218 - Congregation Beth David Synagogue, Prospect and Scully Avenue -
Request for Use Permit to Allow a 'Jewish Synagogue
Chairman Marshall opened the hearing .relative to UP-218 at 7:36 P.M.
The Secretary stated the Notice of Hearing was'mailed. He then read
two (2) communications filed in favor' of the subject Use Permit by
the following: ~
1) Mrs. K. W.z Ness
19617 Ashton Court
Saratoga
2) Mrs. Willi'am T. Cathcart, Jr. ~
19645 Ladera Court
Saratoga
Mr. Charles Huff, 12725 Miller Avenue, President of the Prides Crossing
Homeowners Association stated that the only concern seems to be with the traffic
problems that would be created by this use. He, also, wanted to know why there
is only an exit on Scully and only one entrance and exit to the parking lot.
Mr. Robert Silver, present to represent the applicant, stated there is an
access ~f Prospect to the parking lot.
Mr. Raymond Muzzy, 19518 Eric Drive,.Vice-President of the Prides Crossing
Homeowners Association, stated that 1) he has no specific comments as to the
desirability or non-desirability of the the proposed synagogue 2) the Home-
owners Association has not had an opportunity to review the plans 3) there
are some comments he would like to make with regard to parking at not only the
proposed church but with the existing church 4) the-existing church (Church of
Ascension) has modified its plans somewhat,'but have not shown this modification
on the Use Permit - the modification has to do with the classrooms and 5) the
Homeowners Association would like to. meet with the representatives from the
church to try and work out some of these problems.
'Mr. Huff suggested the proposed church be required to pay the necessary money
to conduct a traffic survey in the area.
Commissioner Marshall explained that the two (2) churches do share a parking
lot; however, the traffic does not occur on the same day since they are two
(2) different denominations and have the services at separate times.
Mr. Huff explained that on various SUndays there have been problems in the area
because people do not park in the parking lot, but instead use the parking spaces
in frontof the residences in the area.
Mr. Daniel Popylisen of 19642 Ascension Drive stated that 1) something should
be done to alleviate traffic on Ascehsion Drive 2) there are no exits onto
Prospect; therefore, people attending services at the existing church do not
park in the parking lot and 3) he is not opposed to the proposed Use Permit
but he does feel the parking and'exits and entrances should be car. efully
studied before the Use Permit is approved.
Father. Werner, Church of Ascension,'stated that 1) he has counted the cars
parked on the street on Sunday morning during the masses and there have been
no more than four or five and the-traffic takes approximately seven (7) minutes
to clear after each mass 2) since this does not occur during peak traffic hours
these few cars can simply not be considered a traffic hazard or problem 3) the
proposed congregation is composed of 100-people consisting of about 25-to-30-families
4) the services at Beth David will not create additional traffic since
the Jewish services are held on different days than the Christian days of
worship 5) the master plan of the Church of Ascension did originally designate
the subject property to be used as a playground for a school and 6) the school
is now a dim reality because of financial situation of churches and schools;
therefore, the property has been offered for sale.
~2-
Planning Commission Minutes - September 11~ 1972 - Continued
II. C. UP-218 ~ Continued
Mr. Popylisen submitted a photo showing numerous cars parked in front of
residences in the area. He explained that the photo was taken at the time of
the Church of Ascension services on'Sunday.
Mrs. Michael Moss, 19686 Ascension Drive, stated she has no objection t0 the
pro'posed s~agogue; however, the driv'eway at the parking lot is a problem since
it is larger than shown'on the original plans and something should be done to
correct the traffic problem connected with this driveway.
Commissioner Martin stated that, he felt, the parking along Ascension Drive
should be eliminated.
Commissioner Smith, in answer to an inquiry from Commissioner Bacon, explained
that the Church of Ascension Use Permit will have to be amended and a new Use
'Permit will have to be acquired showing the delineation of the school from the
master plan originally approved.
Mr. William Hedley~ architect. for the applicant, stated that 1) the parking
for the synagogue will be in excess o'f the number required 2) the setbacks
will, also exceed the y s requirements and 3) perhaps with the develop-
, Cit '
ment of this project some solution to the traffic problems can be reached.
Chairman Marshall closed the hearing 'for the evening at 8:03 P.M., referred
the matter to the Subdivision Committee and directed UP-218 continued to
the next regular meeting.
D. UP-219 - AVCO Community Developers, C'ox Avenue - Request for Use Permit to
Allow a Model Home Sales Office
Chai.rman Marshall opened the hearing relative to UP-219 at 8:04 P.M.
The Secretary stated the Notice of Hearing was mailed.
The applicant was not present and no 'one in the audience wished.to comment.
Chairman Marshall closed the hearing .for the evening at 8:06 P.M., directed
UP-219 continued to the next regular meeting and referred same to the Sub-
division Committee.
E. C-159 - Cal-West Communities, Inc., Saratoga Avenue - Request for Change of
Zoning from "A" (Agricultural) to "R-M-3~000" (Multi-Family Residential)
Chairman Marshall opened the hearing in connection with C-159 at. 8:07 P.M.
The Secretary stated the Notice of Hearing was'mailed and published.
Mr. William G. Clark, attorney for the applicant, was present and stated that
the City is familiar with the first Unit ot the Cal-West development and the
second unit will be similar to the first except that the size per unit will'.be'
a little larger and more expensive and the density will be decreased somewhat.
Commissioner Belanger noted that if the applicant proposes a decrease in density
it may be appropriate to request "R-M-4,000" zoning rather than the proposed
"R-M-3,000" zoning.
Commissioner Smith pointed out that the General Plan Report'for 1972".has'
recommended in favor of eliminating the "R-M-3,000" zoning classification.
Mr. Clark explained'that the applicant's plan wil.1 meet "R-M-4,000" zoning
requirements. '
-!3-
Planning Commission Minutes - September lip 1972 - Continued
II. E. C-159 - Continued
Professor R. L. Stucky,· 19123 Vineyard Lane, stated that he i·S a resident
of the existing Cal-West development :(The Vineyards) and has in the past
served on the Board of the Homeowners~ Association and his feeling and the
feeling of other residents of the Vineyards is that they are in accord
with the development as proposed.
Chairman Marshall closed the hearing ]for evening at 8:15 P.M., directed
C-159 continued to the next regular ~eeting and referred same to the
· Subdivision Committee.
F. Informal Hearing - Request of M.W.M.,. Inc. to A'dd Veterinary Office to
the List of Uses {n "P-A" (Professional-Administrative)
Zoning District -.Continued from 28 August 1972
The Informal Hearing was reopened at 8:15 P.M.
The Secretary read two (2) communicat'ions filed in protest to the proposed·
request by the following:
1) L. Fern Wolf.
2) Fifty-nine r:esidents of Saratoga Avenue.-
.-. Submitted a petition.
The applicant was present and stated 'that the noise level connected with
this veterinary office would not be s2ignificant and this use would answer
the need of the community.
The Sedretary read 1) a memo submitted by the Chairman of the Planning
Commission, Philip D. Lively, stating' his opposition to the proposed use
and 2) a-Subdivision Committee Repor~t dated September 11, 1972 recommending
that the subject request be denied.
" Commissioner Smith moved, seconded by Commissioner Bacon, to close the
informal hearing at 8:22 P.M.; motio~ carried unanimously.
Commissioner Smith moved, seconded by. Commissioner Bacon, that the Subdivision
Committee Report dated September 11, 1972 be adopted and the request to add the
use of veterinarian office to the "P-A" (Professional-Administrative) District
uses be denied; motion carried unanimously.
III. BUILDING SITES AND SUBDIVISIONS
A. SDR-982 - Charles Guichard, Wardell Road - Building Site Approval - 3 Lot -
Continued from August 28~ 11972
The Secretary recommended that SDR-98'2 be continued to the next regular meeting
to allow the applicant further time to analyze compliance with the slope density
ordinance and the underground utility requirement.
Chairman Marshall so directed.
B. SDR-983 - James A. Hendry, Canyon View Drive - Building' Site Approval - 1 Lot
- Continued from August 28~i 1972
The Secretary recommended that SDR-983 be continued to the next regular meeting
to allow time for the applicant t6 submit a revised map.
Chairman Marshall so directed.
C. SDR-985 Orville Lykins~ Mt. Eden Road - Building Site Approval - 1 Lot
The Secretary recommended that SDR-98~5 be .continued to the next regular meeting
since this lot does involve annexation proceedings and the Department of Public
Works has not yet prepared the proposed conditions of approval for this lot.
Chairman Marshall so directed.
'4-
Planning Cormnission Minutes - Sept. ember '11~ 1~72 - Continued
III. D. SDR-986 - Saratoga FOothills Dev. C~rp., Saratoga Avenue - Subdivision
Approval -'11 Lots
The Secretary recommended that SDR-986 be continued to the next regular
so the applicant and Subdivision Co.mmittee can meet to review these plans
as they relate to the Herriman Aven~e extension and the Saratoga Avenue
Plan Line dedication.
Chairman Marshall so directed.
E. SDR-987 - Stoneson Construction Corp"., Springer Avenue - Building Site
Approval - 2 Lots
Commissioner Smith moved, seconded by Commissioner Bacon, that the Building
Site Committee Report dated September 11, 1972 relative :'to SDR-987 be adopted
and that the tentative map (Exhibit "A", filed September 1, 1972) be~p~dTM
subject to the conditions set forth iin said report; motion ca
rried un~a~mo'~sly.
F. SD-988 - Shareholders Real Estate Col., Fourth and Springer Avenue - (Conversion
of Apartments to Condominiums) - 113 Lots
Commissioner Smith explained that'th!is subdivision was approved previously
and now due to a technical change fr. om apartment basis to condominium a new
map approval is required in order to'define land area or specific areas that
each individual owner will be in poslsession of when the change over takes place.
Commissioner Smith moved, seconded by Commissioner Bacon, that the Subdivision
Committee Report dated. September 11,~ 1972 relative to SD-988 be adopted and
that the tentative map (Exhibit "A",~ filed September 1, 1972) b~.-approV'ed
subject to the conditions set forth iin said report; motion carri'e~-una~irfOusly.
IV. DESIGN REVIEW
A. A-398 - Connie Hillblom~ Big Basin Way - Final Design Review - Landscape Plans
Commissioner Belanger explained that. this matter has been reviewed by the
Design Review Committee and the landZscape plans were found to be very
effective and would add to the alreaZdy attractive appearance of this building.
The Secretary read the Staff Report dated 'September 11, 1972 recommending
that the final landscape plans for A-398 be approved.
Commissioner Bacon recommended that the Staff Report be amended by deleting
the following from the last paragraph: "and subject to the following condition?. .
and, also, delete the condition as s;tated in the report.
Commissioner Belanger moved~ seconde~ by Commissioner Bacon, that the Staff
Report dated September 11, 1972 be adopted, as amended, and that Final Design
Approval be granted for A-398 for th'e final landscape plan (Exhibit "C")
for the new art, antique, and flower arranging store on Big Basin Way; motion
carried unanimously. :
V. CITY COUNCIL REPORT
Commissioner Bacon gave a brief summary ~of items reviewed and action taken at the
CityCouncil meeting of September 6, 197:2.
VI. OLD BUSINESS
A. Retirement HoUsing Standards - Continued from August 28~ 1972
The Secretary stated that the Retirement Housing Standards have been reduced
to a more clear form and he would suggest that with this modification the
matter be referred to the City Attorney and a formal ordinance be drafted for
inclusion in the Zoning Ordinance. Twenty units per acre have been proposed
with two (2) persons per unit; therefore, equaling a density of forty (40)
people per acre and this could be reduced. The matter should be reviewed by the
the Subdivision Committee a~d City Attorney and any developer who is interested.
in developing a retirement facility.Z
-5-
Planning commission Minutes - September 11~ 1972 - Continued
VI. A.· Retirement - Continued
Mr. Jerry Lohr, President of Saratoga Foothills Development Corp., stated
that 1) the forty (40) people per acre density is higher.than he, as a
developer, would be interested in 2) if a low rent limit were imposed it
may limit a'de~eloper to a very poor quality of development.
Commissioner Belanger inquired if theZ density were·increased could the
price of the units be reduced somewhat?
Mr. Lohr ·explained that if the density is increased it encourages land
owners to raise the price of his land 2) high rise buildingccosts are
greater since elevations and more concrete construction is involved
3) the rental fee could be controlled if the land values can be fixed
and 4) he would like to meet with the Subdivision Comni~tee to further
discuss this matter.
Chairman Marshall directed the Retirement Housing Standards cgntinued and
referred same to the Subdivision Committee and City Attorney for study and
a repor~ upon completion of the study.
B. SD-978 (Tract 3485) - Noorudin Billawala, Montalvo Road - Request for
Reconsideration. of Condition of Subdivision Approval -
Continued from August 287 1972
The Secretary read a'memo submitted by the Assistant Director of Public Work~
reaffirming his recommendation to deny this request for reconsideration of
conditions as stated in the Subdivision Committee Report relative to SD-978.
Mr. D~n Landberg, engineer present to represent the applicant, stated that
1) he did meet with the Assistant Director of Public Works and no agreement
was reached 2) it is his (Mr. Landberg's) feeling that the position taken by
the Assistant Director of Public Works is inappropriate 3) there is not
apparent ~vidence of flooding in the field as described by the Assistant
Director of Public Works and 4) if the requirements of the Subdivision
Committee Report are met the storm drainage f~e will be more than double
the usual amount.
· Commissioner Smith explained that the applicant has the right to appeal this
decision to the City Council.
Commissioner Smith moved, seconded by CommiSsioner BacOn, that the subject
request for reconsideration of condition of Subdivision Approval be denied,
on the basis of the report submitted .by the Department of Public Works and
that said recommendation be forwarded to the City Council as the recommendation
of the Planning Commission; motion carried unanimously.
C. AVCO Community Developers~ Inc.~ Cox Avenue -. Request for Two-Story House on Lot
· 17 of Tract 5233 - Summerplace Sub-
division
The SeCretary read two (2) cormnunicationsfiled in opposition to the proposed
request by 1) Mr. Richard H. Ludeman of 12575 Scully Avenue and 2) Mr. Richard
C. Tripp of 12563 Scully Avenue. He, ·also, read the Staff Report recommending
that the request to allow a two-story house on Lot 17 of Tract 5233 be denied.
Commissioner Belanger moved, seconded by Commissioner M~artin, that the Staff
Report dated September 11, 1972 be adopted and the request to build a two-story
house oB Lot 17 in Tract 5233 be denied for the reasons stated in said report;
motion carried unanimously
VII. NEW BUSINESS
Saratoga Open-Space Elemen~ and Plan
The Secretary stated that Commissioner Bacon has prepared a report listing some
changes in the Open Space Element and steps are being taken to accomplish
the changes as recommended in the r~port.
-6-
Planning commission Minutes - September lip 1972 - Continued
VII. NEW BUSINESS - Continued'
SLOPE DENSITY
The Secretary explained that changes in Resolution 115.1 as recommended in a
report prepared by Commissioner Bacon are, also, being. reviewed and this matter
will be formally placed on the agenda for the September 25, 1972 Planning
Commission meeting. '.
VIII. CO~ftrNICATIONS
A. WRITTEN
A. SDR-883 - Thomas Fryer~ SaratOga Hills Road - Request for Extension
The Secretary read a request submitted by the applicant asking for
a one (1) year extension for SDR-883.
Commissioner Smith moved, seconded by Commissioner Bacon, to approve
the request and grant a one (1) year extension for SDR-883; motion
carried unanimously. :
Bo ORAL
I.O.O.F. - Retirement Housing Site
Commissioner Marshall explained that. 1) the Subdivision. Committee did meet
with a representative from I.O.O.F. ~and a plan was submitted for review which
is a little different 2) it was pointed out to the applicant that some
inconsistencies did exist and if a developer proposed retirement. housing for
this property it would be necessary to wait until an ordinance became effective
and 3) it has been recommended thatthis property be added to the list of
properties currently recommended as possible retirement housing sites under
the 1972'General Plan.
Commissioner Martin stated that the ~.O.O.F. property seemed to be a desirable
location even though it does not include some of the other preferred qualities
and the matter should be given further study.
'Commissioner Marshall stated that the subject site could be recommended for.
inclusion in the 1973 General Plan Review.
Commissioner Smith moved, seconded by Commissioner Belanger, that the Planning
Commission recommend to the City Council that the property proposed by I.O.O.F.
for a retirement facility. be referred for study under the 1973 General Plan
Review; motion carried unanimously.
Lots adjacent to Summerplace Subdivision (Tract 5233) - Grading
Mr. Phillip Gould, 12547 ScullX Avenue, stated that his lot backs up to the
property currently being developed by AVCO (Summerplace Subdivision) and the
level.of the AVCO lots is. higher than his lots and some of the neighbors lots
and he is concerned that when the winter rains start the run-off to his lot
and the neighbors will present a hazard.
The Secretary explained that the Staff is reviewing this situation with the
developer of the Summerplace Subdivision.
-7-
Planning Commission Minutes - September 11, 1972 - Continued
VIII. B. ORAL - Continued
Consistency
The Secretary stated that the City Attorney has submitted a letter stating
the State Legislature's interpretation of the word consistent as it relates
to General Plan .and Zoning. The Legislature's interpretation is "consistent"'
with the definition adopted by the City of SaratOga.
Guests
Chairman Marshall acknowledged, with pleasure, the presence of Councilman
Bridges, Mary Moss and Roger Leek of the Good Government Group. He, also,'
thanked Mary Moss for the coffee served.
IX. ADJOURN~MENT
Commissioner Smith moved, seconded by Connmissioner Bacon, to adjourn the Planning
Cowmission meeting of September 11, 197'2 at 9:32 P.M.; motion carried unanimously.
Respectfully submitted,
...,,
Stanley M. Walker, Secretary
Saratoga Planning Commission
.
-8-