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HomeMy WebLinkAbout12-11-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~[vRSSION MINUTES ***************~**** TIME: Monday, December 11, 1972 - 7:30 P'.M. PLACE: Saratog.a City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE:· Regular Meeting ******************** I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Bacon, Belanger, Lively, Marshall, Martin, and Smith. Absent: Commissioner Metcalf. B. }gNUTES Commissioner Smith moved, seconded by Commissioner Be'con that the reading of the minutes Of the November 27, 1972 meeting be waived and they be approved as distributed with the following changes: page 4. . .paragraph 3. line 2. .change the word "fact" to "notion"; paragraph 5. .line 2. change the word "were" to "was"; line 7. . .to read as follows: "to postpone this on the basis of the 1972 General Plan."; motion carried unanimously. II. PuBLIc HEARINGS A. UP-221 - Mobil Oil Corp., Highway 85 and Big Basin Way - Request for Use Permit to Allow Reconstruction of Service Station - Continued from November 27~ 1972 Chairman Lively reopened the public hearing at 7:34 P.M. The Secretary explained that the Bay Area Air .Pollution Control District has not yet made a recommendation relative to this matter. 'It is his understanding the applicant has filed an application with the District. Mr. Neil K. Chase, present to represent the applicant, requested that the request to allow reconstruction of the Mobil Oil Service Station be granted a conditional Use Permit subject to the requirements of the Bay Area Air Pollution Control District. An application has been filed with the District and this agency has held a meeting to establish guidelines for them to use in making a determination relative to this application of the sort filed with them by Mobil Oil. There has been no opposition voiced in connection with UP-221. Commissioner Belanger inquired if the Mobil Oil Corp. was the holder of the original use Permit issued for operation of the existing gas station. Mr. Chase replied that the original Use Permit was issued to Mr. Worden ~o was the o~ner of the property at that time. After the Use Permit was issued a lease was given to Mobil Oil Corp. and they have been the tenants ever since. The company does have a 25-year lease for the existing station; therefore, if the request to reconstruct. the station is not approved the station will remain on the corner in its present condition for the next 25-years. Mr.,Dan Trinidad, Assistant Director of Public Works, stated that no room is available for a deceleration lane for an entrance. located near the bridge. IIe has contacted the State Division of Highways and ~hey have no objections to the proposed ingress. Chairman Lively closed the hearing for the evening at 7:39 P.M., directed UP-221 continued to the next regular meeting and referred'same to the Sub- division Committee for study and 'a report at the next regular meeting. -1- Planning Commission Minutes - December 11~ .1972 - Continued II. B. V-389 - McDonald H. Smith,'Elva Avenue - Request for Variance to Allow Recution in Side Yard Setback Requirements - Continued from November 27~ ].972 Chairman Lively reopened.the hearing relative to V-389 at 7:40 P.M. The Assistant Planner read the Staff Report dated December 11, 1972 recommending that the subject request for Variance be denied. The applicant was present and st~ed that the variance request was made for s'trictly aesthetic value. In order to take advantage of the view within" the setback requirements the building pad would require up to 600-yards of fill· Commissioner Marshall explained that 1) the subject site could be built on without a Variance and 2) it would be considerably more advantageous to the applicant to build on the Canyon View frontagesSince the view is considerably better than it w6uld be from Elva Avenue. The applicant stated that he very much desires to take advantage of the view available from this lot and he does not feel he could accomplish this by usin~ the Elva Avenue frontage. Commiss{oner Martin explained that it is the feeling of the Variance Committee that this applicant could retain a large amount of the view and still build within the setback requirements. Commissioner Martin moved, seconded by Commissioner ~rshall, to close the public hearing in connectionlwith V-389 at 7:50 P.M.; motion carried unanimously· COmmissioner Martin moved, seconded by Commissioner Belanger~ that the Staff Report dated. December 11, 1972 be adopted and that the subject request for Variance be denied on. the basis that the findings required under Section 17.6.of the City of Saratoga Zoning Ordinance NS-3 cannot be made for the reasons stated in said report; motion carried unanimously~ III. BUILDING SITES AND SUBDIVISIONS A. SDR-996 - Manuel Costa, Quito Road.- Building. Site Approval - 1 Lot The Secretary recommended that SDR-996 be continued to the next regular ' meeting in order to await the comments of the State Division of HighwayS. Chairman Lively stated that since this property is located on the Wes[ Valley Freeway right-of-way further development of the property should not be allowed and the proceedings for building-site approval should be abandoned. He then directed the matter continued to the next regular meeting, as requested. B. SDR-982 - Charles Guichard, Wardell Road - Building Site Approval - 2.Lots - Continued from November 27, 1972 The Secretary explained that the conditions for buildingssite approval have been prepared and the City Attorney has given. the Planning Commission a written opinion in which he .stated the Planning Commission can act on this request for building-~sit~ approval and require the applicant to provide proof of right-of-way for the ingress and egress to this property befdre final buildingssite approval is granted. Commissioner Bacon stated, it was his feeling, that building~site approval for this site should be denied until such time as the applicant can provide proof that he has right-of-way over a legal easement. Mr. Guichard, the applicant, stated that the property has been purchased and paid for and the title is properly insured· He can see no reason why Building Site Approval cannot be granted at this time. -2- Plannin8 Connnission Minutes - December 11~ 1972 - Continued III. B. SDR-982 - Continued Commissioner Marshall commented that if the applicant has proof of legal access then there should not be' any problem in submitting this information for review by the Planning Commission. It is his (Comnis- sioner Marshall's) recommendation that SDR-982 be denied until the applicant provides the requested proof. Chairman Lively pointed out that the matter could be continued until the applicant provides the necessary proof. Commissioner Smith stated that the opponents of this request were promised at the last Planning Commission meeting that a decision would be made at ~. this time and he (Commissioner Smith) is ready to.make a recommendation "for denial. Mrs. Venator, 21120 Wardell Road, explained that she has litigation started against this applicant over the,right-of-way to this property and a court date is set for sometime in the Spring. · Commissioner .Belanger stated that it would seem the applicant cannot provide proof of anything until there is a court decision. Cmnmissioner ~rshall explained that if building-site approval were granted by the City it may alter the court decision in some way. He did nor parti- cularly appreciate being caught. in the middle of litigation over a piece of property. Chairman Lively suggested the matter be continued until after the court reaches a decision or that SDR-982 be denied without prejudice. Mr. Guichard stated that parcel two (2) is not involved in any easement problems and he requested that building site approval be granted for parcel two (2). Chairman Lively explained to the applicant that he could amend his request and ask for building site approval of just a single lot (parcel two (2)).' Mrs. Venator stated that the title in connection with this property is, also, involved in the litigation proceedings; therefore,.the applicant cannot supply proof of easement. t.o this property. Commissioner Smith moved, seconded by Commissioner ~rshall, that the Building Site Committee Report in connection with SDR-982 be rejected and the tentative map not be approved and the application for building site approval be denied without prejudice; motion carried Unanimously. C. SDR-994 - Jonathan Rueloffs, Woodbank Way - Building Site Approval - 1 Lot ' Continued from November 27~ 1972 The Secretary recommended that SDR-994 be continued to the next regular meeting. Chairman Lively so directed. D. SDR-1002 - MObil Oil Corp., Highway 85 and Big Basin Way - Reconstruction of Service Station - 1 Lot ~ Continued from November 27~ 1972 Chairman Lively directed SDR-1002 continued to the next regular meeting since it is directly affected by UP-221 ~ich was, also, continued. E. SD-1009 - Saratoga Foothills De~. Corp., Big Basin Way and Sixth Street - Subdivision Approval - Condominium - 29 Units - Continued from November 27, 1972 ~e Secretary recon~ended.that ~D-lO09 be continued to the next regular meeting to allow additional time to work out the details of the site development plans. Chairman LiVely so directed. Planning Commission Minutes - December 11. 1972 - Continued III. F. SD-1011 - Cal-W~st Communities, 'Saratoga Avenue Subdivision Approval - 58 Lots - Continued from November 27~ 1972 %~e Secretary. stated that the applicant did review the proposed conditions of approval and expressed satisfaction with same. Cormmissioner Smith amended condition 11 of the Subdivision Committee Report dated December 11, 1972. Commissioner Smith moved, seconded by Co~m~is~ioner Bacon, that the Subdivi- sion Committee Report dated December 11, 1972 relative to SD-1011 be adopted, as amended, and that the tentative map (Exhibit "A", filed November 17, 1972) be approved subject to the conditions set forth in said report; motion carried · ' unanimously. G. SDR-1012 - Edward E. Lee~ Bella Vista Avenue - Building Site Approval - 1 Lot The Secretary explained that.this is a legal non-conforming lot that was granted buildingsSite approval several years ago and it is approximately one-half acre in size. Chairman LiVely recommended that the side-yard setback be increased to 20-feet' and asked the Staff to determine the location of the adjacent homes in relation to the proposed building. Conm~issioner ~rtin recommended that the neighbors be contacted in order to Obtain their opinion relative to the proposed 15-foot rear yard setback p. roposed for this site. Chairman Lively directed SDR-1012 continued to the next regular meeting. H. SDR-1013 - Jack L. Barton~'Pierce Road - Building Site Approval 1 Lot The Secretary stated that the applicant did review the proposed conditions of ~pproval and expressed satisfaction with same. Chairman Lively amended the Building.Site Committee Report dated December 11, 1972 be adding the following condition "O": "0. Provide underground utilities." Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report dated December 11, 1972 relative to SDR-1013 be adopted, as amended, and that the tentative map (Exhibit "A", filed · November 2, 1972) be approved subject to the conditions set forth in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-360 - Grace United Methodist Church, Prospect Road - on-Site Parking and Circulation The Assistant Planner read the 'Staff Report dated December 11, 1972 ~ecommending that Final Design Approval be granted for A-360. Commissioner Bacon stated it should be pointed out that the applicant does not intend to pave the parking lot at this time. Conm~issioner Smith stated that'the applicant will be required to post bond for the necessary paving. The Assistant Planner recomnended that the subject Staff Report be amended to include the following condition: "C. Provide bond for uncompleted paving of parking area." Commissioner Belanger moved, seconded by Commissioner Bacon, that the Staff Report dated December 11, 1972 be adopted, as amended, and. that Final Design lpproval be granted for A-360 as shown on Exhibit "G" subject to the conditions set forth in said report; motion carried unanimously. Planning Commission Minutes - December 11~ 1972 - Continued IV. B. A-391 - George W. Day, Douglass Lane - Single Family Residence - Final Design Review Mr. Lou Let9 was present to represent the applicant and stated that the Design Review Corcanittee felt that this single-family residence should have wood siding on three sides,.but tiis client desires stucco siding on the three sides. Mr. Blazer, Mr. Leto.'s client, stated that a "French look" is the best way to describe the appearance he is trying to achieve for this house and that cannot be done with a wood siding. Chairman Lively recormnended that. condition (b) of the subject Staff Report be eliminated and paragraph 2. .line 3. .add the words "dated December 11, 1972" after the letter "J". Commissioner Martin recomnended that condition (a) of the report be amended to read as follows: "a) Submit fencing design and location and color · of all exterior surface, roof, and trim for Final Design Approval." Commissioner Belanger moved, seconded by Commissioner Bacon, that the Staff Report dated December 11, 1972 be adopted, as amended, and that = Final Design Approval be granted for A-391 as shown on Exhibit "J" subject to the conditions set forth in said report; motion carried unanimously.. Co A-406'- Cal-West Communities, Saratoga Avenue Condominium Development - Preliminary Design Review ~e Assistant Planner read the Staff Report dated December 11, 1972 recommending that Preliminary DeSign Approval be granted for A-406. The applicant's architect was present and stated that the'air-conditioning units will be installed as wall units and will be screened from public view. Chairman Lively explained to the applicant that the Design Review Committee will be watching very carefully the location of these air-conditioning units. Commissioner Belanger moved, seconded by Commissioner Belanger, that the Staff Report dated December 11, 1972 be adopted and that Preliminary Design · Approval be granted for A-406 as shox~m on Exhibits "A" through "D" subject to the conditions set forth in said report; motion carried unanimously. V. CITY COUNCIL REPORT Commissioner Belanger gave a brief summary of items reviewed and action taken at the City Council meeting of December 6, 1972. One item of specific interest to the Cormnission was the recommendation of the City Council that the minutes of the Council and Commission meetings be revised and shortened to include only the action taken at these meetings and the remainder of the meeting be recorded with a recording mechanism. After considering the proposed recom~.~endation, it was the consensus of the majority of the Commission that action minutes for the Planning Commission would not be practical. Chairma~ Lively requested the Secretary to study the current method of transcribing and editing the Planning Commission minutes and determine if any measures can be taken to shorten the minutes somewhat. PLANNING POLICY COM~'~TTEE Chairman Lively stated that at the Planning Policy Committee meeting of November 30, 1972 it was voted to approve the concept of a joint-cities-county Annual Arrangement for HUD grants to local governments and to present the concept to the Inter-City Council Mayor's Committee for discussion. -5- Planning. Commission Minutes - December 11~ 1972 - Continued V. PPC - Continued A questionnaire re Urban Service Area Maps to be submitted to the Local Agency Formation Conmission will be s~nt each City. VI. OLD BUSINESS Report of General Plan Conmittee ~airman Lively read a General Plan Cormmittee Report dated December 11, 1972 regarding "Production Objectives for Assisted Housing". Commissioner Smith moved, seconded by'Commissioner Marshall, that the-General Plan Committee Report dated December 11, 1972 relative to "Production Objectives for Assisted Housing" be adopted by the Planning Commission and fon~arded to the City Council as the recommendation of:the Planning Commission; motion carried unanimously. VII. NEW BUSINESS ; A. SDR-913 - Clayton rl~omas~ Portos Drive - Request for Extension ~e Secretary stated that the applicant has made a request for a one (1) ~ear extension for SDR-913. Commissioner Smith moved, seconded by Commissioner Bacon, to grant'a one (1) year extension for SDR-913, Clayton ~omas;'motion carried unani- mously.' B. SDR-908 - Joe N. Neville~ Pierce Road - Request for Extension The Secretary recommended that the applicant's request for a one (1) year extension be granted Commissioner Smith moved, seconded by Commissioner Bacon, to grant a one (1) year extension fo~ SDR-908, Joe N. Neville; motion carried unani- mously. VIII. CO~D~NICATIONS A. WRI TT EN. "Clean Water" Seminar , ~e Secretary stated that' a "Clean Water" Seminar would be held January 12, 1973 and all Planning Commissioners are invited to attend. All those planning to attend should so indicate and reservations will be arranged. Brookside Club ~l~e secretary read a communiCatioh received from Sally Beck of 19218 Gunther Court stating her objections to the new access driveway included in the Brookside Club expansion. ]~e Secretary further explained that this matter has been brought to the attention of the City Council and the City Manager. The Brookside Club expansion was .approved by the Planning Commission and is legal as far as the City is concerned. -6- Planning Connnission Minutes - December 11~ 1972 - Continued VIII. B. ORAL Guests (. Chairman L'ively acknowledged, with pleasure, the presence of Councilmen Diridon and Kraus, and Mrs. Wilberding of the Good Government Group. " He, also, thanked Mrs. Wilberding for the coffee served at recess. Chairman Lively extended best wishes for a Merry Christmas and a Happy New Year to the Commissioners, Staff and all otherSpresent! IX. ADJOUIN~ZNT Commissioner Marshall moved, seconded by Commissioner Smith, to adjourn the Planning Commission meeting of December 11, 1972 at 9:45 P.M.;' motion carried unanimously. · Respectfully submitted, . i... Stanley M. Walker, Secretary Saratoga Planning Commission j -7-