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HomeMy WebLinkAbout02-13-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION SUMMARY OF MINUTES ******************** TIME: Tuesday, February 13, 1973 - 7:30 P.M. PLACE: Saratoga 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. MINUTES Commissioner Smith moved, seconded by Commissioner Marshall, that the reading of the minutes of January.-22, 1973 be waived and that they be approved as distributed to the Commission subject to the following changes: page 2. .under C-156. .paragraph 4. . .line 2. ..delete the word "can" and instead insert the word "could" between the words "action" and "be"; page 5. .under SDR-996. .paragraph 5. . .line 2. .delete the word': '~.l~'~-~.':~ "assured" and instead insert the word "indicated"; page 8. . .paragraph 1. add the word "in" to Item No. 3 .... a~d change the second Item No. 3 to read No. 4, and change each subsequent number to reflect this change; motion carried with Commissioner Bacon abstaining. C. COMMITTEE ASSIGNMENTS Chairman Lively stated that for personal reasons Commissioner Bacon has submitted his resignation from the Commission. He further stated that Commissioner Bacon's helpfulness will be missed and he wished to extend the appreciation of the entire Commission. to Commissioner Bacon. Chairman Lively then made the following Committee assignments and included the name of Mr. Norm Matteoni the soon 't'8"b~ ap~i~'~d"'Pl~'~'~i~g C~io'h'~'r. SUBDIVISION COMMITTEE DESIGN REVIEW COMMITTEE Commissioner Smith, Chairman Commissioner Metcalf, Chairman Commissioner Belanger Commissioner Belanger Commissioner Marshall Commissioner Matteoni Alternate: Chairman ~Lively.!'-.i.~ Alternate: Commissioner Martin VARIANCE COMMITTEE GENERAL PLAN COMMITTEE Commissioner Martin, Chairman Commissioner Metcalf, Chairman Commissioner Marshall Commissioner Martin Commissioner Matteoni Commissioner Smith Alternate: Commissioner Belanger Alternate: Commissioner Marshall PLANNING POLICY COMMITTEE Chairman Lively -1- Planning Commission Minutes - February 13~ 1973 - Continued II. PUBLIC HEARINGS A. C-163- James W. Day, Woodbank WAy and Quito Road - Request for Change of Zoning from "R-~-40,000" (Single-Family Residential)'to "R-I-40,000" - "P-C" (Single-Family Residential - Planned Community) - Continued from January 22~ 1973 Chairman Lively reopened the hearing relative to C-163 at 7:40 P.M. The Secretary stated that three (;3) communications had been filed 1) Elwin. M. and Lois Y. Stocking ~f Woodbank Way 2) A. H. Campbell of 18632 Woodbank Way and 3) Eleven (11) residents of Woodbank Way and Quito Road. He further stated that in some cases the communications relate to the proposed "P-C" development but in other cases they, also, relate to the overall development. of the area where the subject property is located. He then read a letter received from the applicant requesting withdrawal of the subject Change of Zoning application.. Mr. K~lstad, present to represent' the.applicant, stated that he had no further comments at this time. I'Chairman Lively, in answer to an inquiry from Commissioner Belanger, stated that the Planning Commission~realiy has no basis for refusing the request for withdrawal of C-163 since the applicant's alternate proposaI.~to develop the property as a straight "R-i-40,000 subd±vision is not in conflict with the General Plan. Chairman Lively further stated that the applicant's request for withdrawal is partially due to the unfavorable attitude of the neighbors toward a "P-C" development. Commissioner Smith stated that~ei. developer has offered to provide some specific rules (usually applied to a ~'P-C" development)-in the Deed Restrictions for development of this property Under the ~'R-1-40,000" Zoning. Commissioner Martin pointed out that the City cannot enforce Deed Restrictions.' Commissioner Marshall explained that the developer is bending over backwards in this matter and is trying to proyide some of the better arrangements of a "R-i" "P-C" development. Commissioner Martin explained that .the main consideration should be to do the best thing for the communitX.! Commissioner Marshall stated that probably the best thing for the community would be a "P-C" development, but'the residents of the area gave the developer considerable !~tri~ls and tribulations" over the proposed "P-C" development; therefore, the developer does not.now want to proceed with same as originality proposed. Mr. James A. Rodriquez of 14975 QUito Road stated that the concern of the residents of the area is to end up with a decent looking development with maximum size lom and fencing restrictions. Chairman Lively pointed out that ~nder a "P-C" development the Planning Commission does have the right to!impose certain controls, but due to pressures from the neighbors this.applicant has decided to develop the proper~y as a straight "R-i-40,000" (Single-Family Residential) subdivi- sion; therefore, the desired controls are ~o's~. Commissioner Smith explained that.there is one alternative that has not been brought out - the people that object to a "P-C" development and now do not want a straight "R-l~40,000" development could buy the property and develop same.~-'. Commissioner Smith moved,. seconded by Commissioner Bacon, to close the public hearing relative to C-163 at 8:10 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Marshall ~hat the request for withdrawal in connection with C-163 be approved and further deliberations relative to same be terminated; motion carried unanimously. : -2- Planning Commission Minutes - February 13~ 1973 Continued III. BUILDING SITES AND SUBDIVISIONS A. SDR-996 - Manuel Costa, Quito Road - Building Site Approval 1 Lot - Continued from January 22~ 1973 Commissioner Smith explained that the difficulty with this lot stems from the fact that it lies in the West Valley Freeway right-of-way. Some months ago the Planning Commission denied a subdivision'on the basis it violated the General Plan and the subdivider was required to take out a block of lots to allow for the freeway right-of-way. Since that time a case has been litig~ted where the court did not~.~l'low.~'s~ch action in a similar situation. 'The City Attorney states that in view of the court's decision the City of Saratoga and the Planning Commission would be on shaky ground if this applicant took the matter to court. The Secretary, in answer to an inquiry from Commissioner Belanger, explained that the rear of this iproperty is the area proposed for development; however, the existing market would, also, be refurbished.' The Building Site Committee RepOrt ~elative to SDR-996 and dated February 13, 1973 was amended by the changing and/or adding of donditions as follows: G. Provide underground utilities from nearest pole. Q.SUbmit plans, including hours of. operation, for Design Review. R. Provide bicycle route and ~mproved trail running along that portio~ of Quito'Road which fronts on subject parcel as.approved by the Planning Director. Chairman Lively stated he disagreed with the court decision to allow development on freeway right-of-way since it only results in increased costs for the people of California at the time the State HighWay Depart- ment must purchase this property for the proposed freeway. Commissioner Smith stated that qrdinarily he would agree, but in this case he feels the City will be saved the expense of a trial by approving this building-site application.. Also, there is a letter from the State Division of Highways saying tha~ if the request for building--site approval is granted some emergency money.may be made available for purchase of this property and that would preclude any building on the property. Commissioner Smith moved, seconded by Commissioner Marshall, that the Building Site Committee Report dated February 13, 1973 relative to SDR-996 be adopted, as amended, and that the tentative map (Exhibit "A", filed December 1, 1972) be approved subject to the conditions set forth in said report; motion carried with Chai~nan Lively voting "no". B. SDR-1016 - Robert Schiro~ Upper'Hill Drive - Buildins Site Approval - 1 Lot Commissioner Smith explained that this-site was originally approved as a legal non-conforming lot. Commissioner Marshall noted that the tentative map does not appear to be complete in that the lots are unbounded. The Secretary stated that 1) the lot does have a rather extended depth 2) it is a legal non-conforming lot 3) the lot does meet the depth requirements of the ordinance and 4) if it were not a previously establised lot it would be subject to slope density; however, the lot was established several years ago. Commissioner Marshall stated that the Map Act requires that the lot lines be shown on the tentative map and this map is in violation since the rear lot-lines are not shown. -3- Planning Commission Minutes - February 13~ 1973 - Continued III. B. SDR-1016 - Continued The applicant was present and explained that the rear boundary--line for the property is Saratoga Hills Road. This lot is already an existing approved lot in an established subdivision and is shown on an existing tract map, unfortunately, the tract just recently expired. Commissioner Smith recommended that the map be corrected and SDR-1016 be continued to the next regula~ meeting to allow time for same. Chairman Lively so directed. C. SDR-1017 Ralph Barksdale, QuiCo Road - Buildin8 Site Approval - 1 Lot The Secretary amended the Building Site Committee Report dated February 1973 relative to SDR-1017 by adding "Parcel "C"" in the second line of the heading between the' words "Exhibit "A"" and "filed". The report was further amended By adding the following conditions: M. Provide a pedestrian/equestrian pathway along Quito Road. N. Tree removal prohibite~ unless in accord with all applicable ordinance. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report dated February 13, 1973 relative to SDR-1017 be adopted, as amended,' and that the tentative map (Exhibit "A" ParcelT."C" , filed January 25, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SD-1019 - Malachy Moran~ Saratoga Avenue - Subdivision Approval - 6 Lots Commissioner Smith explained that a. policy q~.~sti.0n has arisen regarding the question of whether~bY~o~ ~ ~Fiic ~t~et must be required for this development. If it is to b~ considered a Six ('6)' lot subdivision a standard public street must be provided. If it is to be considered as a four (4) lot subdivision a minimum access road is allowed; which, would be maintained by the people living there. The Secretary read a letter submitted by the ~pplicant requesting that the Planning Commission allow a .minimum access. road for this development; thereby, granting an exception ~o Section 3.3-7 of the City of Saratoga Subdivision Ordinance. Commissioner Marshall noted that ~. summer-house located on this property is best described as an attractive nuisance from the viewpoint of the adjacent property'owner and it Should be torn down. Inlt. deference to the applicant the map submitted closely resembles all the suggestions made by the Variance Committee.. The Assistant' Director of Publiq Works stated that according to the Map Act this development must be considered a six (6) lot subdivision. Chairman Lively advised that th~ map should really be re-worked to exempt lots one (1) and three (3) from this subdivision (since they have existing residences);. thereby, making a four (4) lot subdivision. A requirement to remove the summer house could be stipulated as a condi- tion of building site approval or approval could be granted for a six (6) lot subdivision stipulating that the applicant be exempted from complying with the requirement that a public street be provided for this development. -4- Plannin8 Commission Minutes - February 13~ 1973 Continued III. 'D. SD-1019 - Continued The Secretary read a communication received from the Saratoga Fire Department noting that sufficient space for manuevering of the fire. trucks is not now available in the area of parcels five (5) and six Commissioner Smith recommended that this matter be continued to the next regular meeting and a Building Site Committee Report be prepared stipulating that this development be exempted from cgmplying with the Subdivision Ordinance requiremeat that a public street be provided. Chairman Lively so directed. E. SD-1021 -.James W. Day, Woodbank Way and Quito Road - SUbdivision Approval - 16 Lots The applicant was present and s~ated he had reviewed the proposed conditions of approval and expressed satisfaction with same. 'Commissioner Smith stated that the developer. has been most cooperative in agreeing to provide many of 6he desirable features of a "P-C" develop- ment even though the property will now be developed as straight "R-I". Conditions 3, 4, and 10 of the Subdivision Committee Report were amended to read as follows: 3. Dedicate and improve Woodbank Way to provide for a 30-foot half-street with 18-foot improvements with P.C.C. curb and gutter. 4. Provide pedestrian/equestrian pathway along Quito Road. Provide 10-foot wide equestrian trail from terminus of "A" or "B" street to westerly property line subject to an extension of said easement to Sobey Road being acquired prior to Final .Map or no later than twelve.(12) months whichever is sooner. 10. Provide in Deed Restrictions for subdivision that internal fencing On the individual lots shall be limited to fifteen (15) percent of the area of the lot in addition tO protective fencing for the immediate. swimming~pool area. Cutting of trees over 4-inches in diameter on lots four (4) and five (5) prohibited. Commissioner Smith moved, seconded by Commissioner Bacon, that the Subdivision Committee Report dated February 13, 1973 relative to SD-1021 be adopted, as amended,.and that the tentative map (Exhibit "A", filed February 2, 1973) be=approved subject to the conditions set forth in said report; motion carried unanimously. RECESS AND RECONVENE : IV. DESIGN REVIEW A. A-403 - Mobil Oil Corp., Saratog~-Sunnyvale Road - Final Design Review - Reconstruction of Service Station - Coutinued from January 22~ 1973 The Secretary'explained that Final Design Approval is not recommended at this time since the matter of orientation, of the building and service bays in relation to the highway has not yet been resolved. The applicant has submitted plans and materials for the roof and canopy. Commissioner Bacon stated that after the building was staked out on the ground he realized it would not be practical to locate the service bays to the rear of the station. -5- Plannin~ Commission Minutes - February 13~ 1973 - Continued IV. A. A-403 - Continued " Commissioner 'Belang~r~. in answe~ to an inquiry from Commissioner Smith, explained that the proposed station is not a special station designed for Saratoga, but instead is the lsame one used everywhere. Commissioner Smith stated that if Sh~ll Oil and Richfield can come up with prize,~winning stations it s~ems the Mobil Oil people could do the same thing. % Mr. Chase, present tO represent ~he applicant, 'explained that the Mobil Oil Company is opposed to turning the service bays to the ~est since the d~sign is to have.them to the north. The attendant is out at the front of the station a great deal of the time and pilferage takes place ~n the'-ar~a'~obscured from the at~andants view and the service bay area would be out of view from the a~endant a great deal of the time if they were placed on the West side. The easement has been located along the creek. It is his understanding Chat the Chamber of Commerce and the City have always wanted to develop a road and parking along the creek. Some of the business establishments have back doors and if the road and park- ing along the creek is realized these establishments have indicated they would treat the rear of the building the same as the front. Four (4) business owners in the area have'been contacted and they, also, oppose the service bays being located oh the west side of the property. Chairman Lively stated the canopy should be lowered since the height shown on the design seems excessive. Commissioner Belanger recommended that some information be obtained relative to the optimum height necessary to accommodate the maximum height of vehicles. Mr. Chase explained that the clearance required for trucks is 12'6" and the applicant has proposed canopy heights 6" above that. Commissioner Belanger suggested that the over-hang for the canopies be cut off on one side and' the vehi61es requiring additional height could use that side. Chairman Lively directed A-403 continued.Z to the next regular meeting and instructed the applicant to Submit a design in keeping with the design established for the Village area with a more suitable canopy design. B. A-374 - West Valley College', Fruitvale and Allendale Avenues - Final Landscape Plans for the Humanities and Fine Arts BuildinSs The Secretary read the Staff RepOrt dated February 13, 1973 relative to A-374 recommending that Final Design Approval be granted for the land- scaping for business-education building, student-personnel building, administration complex, humahities--and-fine-arts complex, and the Fruit- vale Avenue parking lot. Conditions b) and c) of the subject Staff Report were amended. Commissioner Belanger moved, seconded by Commissioner Bacon, that the Staff Report da'~d'~~'i3'~.1973 be adopted, as amended, and that Final Design Approval'be granted for the landscape ,pl~n~ ahd ,parking-lot for the buildings set forth in said report as shown on Exhibits "B", "C", and "D" subject to the conditions stated the report; motion carried unanimously. -6- Planning'Commission Minutes - February 13, 1973 - Continued IV. C. A~391 - George W. Day, Fruitvale Avenue and Douglass Lane - Final Design Review - Lot 2 Tract 5150 The Secretary read the Staff Report dated February 13,.1973 relative to A-391 recommending that Final Des%ign Approval be granted for A-391, lot 2 of Tract 5150. The one condition listed in the report was amended to read as follows: Submit fencing design and location for Final Design Approval. : Commissioner Belanger'moved, seconded by Commissioner Bacon, that the Staff Report dated February 13, 1.973 be adopted, as amended, and that Final Design Approval be granted for the single-family residence on lot 2 of Tract 5150 as shown on Exhibit "L" subject to the condition stated in said report; motion carried unanimously. The Secretary explained that Lot 14 of Tract 5150 is, also, ready for Final Design Approval; however, the site development shows a little different version of the lay-out ~than the one shown' on the basic loca- tion plotted on the site development plan approved under the applicant's change of zoning (C-148). Mr. Lou'Leto, present to represen2t the' applicant, stated that the original plan shows the bedroom~wiing at an angle. The proposed plan shows the bedroom in a straight line with the rest of the house and in this way much less of the lot :area is covered. Commissioner Belanger moved, seconded by Commissioner Bacon, that Final Design Approval be granted for the house on Lot 14 of Tract 5150 as shown on Exhibit "M" in file A-391. 'Commissioner Belanger further moved, s~conded by Commissioner Bacon, that the Secretary prepare a report for file A-391 reflecting the action taken in connection with Lot 14 of Tract 5150; motinn carried unanimously. V. CITY COUNCIL REPORT Commissioner Marshall gave a brief suh~nary of i~ems reviewed and adtiOn~~. '.~.7~'. taken'~at the City Council meeting of February 7, 1973. VI. OLD BUSINESS UP-80 - Church of the Ascension~-P~osp~ct Road - Traffic Circulation The Secretary read a memo from the Ci:ty Manager to the Planning Commission regarding traffic circulation near the Church of the Ascension. The memo explained that this matter was reviewed by the Council Committee of the Whole and referred back to the Planning Commission for further consideration and study. A report is to be prepared and submitted by the Department of Public Works for review by the PlanniNg Commission in connection with this matter. r Mr. Trinidad, Assistant Director of Public Works, explained that'a report will be re~dy for the Planning CommiSsion meeting of February 26, 1973. VII. NEW BUSINESS UP-215 - C & I Development Co., Cox Ayenue and Homes Drive - Model Home Sales Office - Request for Extension The Secretary recommended that this request. be continued s~.nce the required landscaping has not yet been completeH along Cox Avenue; therefore, the matter should be continued indefinitely. Chairman Lively so directed. Planning Commission Minutes - February 137' 1973 - Continued VII. NEW BUSINESS - Continued Miljevich-Garcia Property - Highway=85 and Prospect. Road The Secretary stated that several different ideas have been prepared for development of these properties for:consideration by the Planning Commission. ~1 - This plan proposes mqlti-family residential throughout the properties. #2 - Shows a strip of commercial along Highway 85 with multi-residential behind the commercial. #3 - Proposes one-half commercial development and one-half multi~family residential. ~4 - Would consist of one:long continuous commercial building. ~5 - Proposes a commercial development for the Miljevich Property and a park for the Garcia property. Commissioner Marshall further suggested a park with cluster residential homes for these properties. Commissioner Belanger asked if any {igures were available on the relative cost to the City of providing services for single-family residential homes as versus commercial or multi-family dwellings? The Secretary stated he did not have any figures available at this time; however~ he could obtain same. Commissioner Bacon noted that a better plan might be to confine the commer- cial development to the west side of Highway 85 and then place the housing on the east side. Commissioner Marshall recommended a'park site for the GarCia property with an adjoining multi-family "P-C" (Planned-Community) development; thereby, creating a contiguous open-space area. VIII. COMI~U'NICATIONS A. WRITTEN Program for Change Chairman Lively advised that the Planning Director has submitted a memorandum outlining a program for changes in planning Commission and Planning Department operations.~ Copies of this memorandum will be made available to each member of the,Commission. B. ORAL' Flood Control Mr, Leroy H, Garrett of 12979 FOothill Lane was present and stated that the Flood. Control District intends to put a debris basin adjacent to his property, He wonders whyit was not possible to attend hearings. where the affected residents of the area could disduss this plan, Commissioner Marshall explained!that these matters are handled by the City Council. and this matter di~ appear on their agenda, Commissioner Belanger explained that the City Council decided that the 'neighbors will be notified about similar plans in the future, +8- Planning Commission Minutes - February 13/1973 - Continued VIII. B. Flood Control - Continued Chairman Lively requested the Secretary to find out when the Flood Control District first proposed this basin and how · .got approval without any notiffcation to the neighbors or without holding a hearing on the matter. Law Enforcement Building - West7 Valley JUnior College Commissioner Marshall stated th'e he was led to believe that the Planning Department has sent a letter back to WVJC approving the projected Law Enforcement Building. What is the status of this'building at this time? The Secretary stated that he would make inquiries to determine the present status of the building. Commissioner Marshall explained that there was a meeti~g~held at the college this past Saturday. T~e letter, relative to the proposed location for the warehouse-maintenance building complex', sent by the Planning Commission to the West Valley JuniOr College. Governing Board was read at the meeting; however, no action was 'taken in connection with same. No member of the G~vern~ng Board.', was. present. The college presented Plan "B" as a compromise. !Aithoug~. the compromise Plan '.'B" met the objectives of the.City .the residents of Short. Hill Court 'objected. If State Funds are withheld because Plan "B" is considered un-" suitable then the college will,revert~'.back to Plan "A". ~Demonstration Bike Route Along Miller Avenue Commissioner Martin stated he did submit (as an individual) a letter to the City Council relative toga bike route along Miller Avenue and he did serve?. on the General Pla~ committee ~t the time the demonstra- tion bike route was discussed. His.~:recommendation is to take this matter under study during the. iive (5) year General Plan Review. Guests Chairman Lively acknowledged, with pleasure, the presence of Mrs. Stark of the Good'Government Group, Mr. Dean Gordon, Chairman of the Youth Commission. Commissioner Belanger explained that Eouncil- man Diridon had to be absent due to a conflict with Council'Committee .Of th'e'~Whole meeting. IX. ADJOURNMENT Commissioner Smith .moved, seconded.by Commissioner Bacon, to adjourn the Planning Commission meeting of February 13, 1973 at 11:00 P.M.; motion carried unanimously. Respectfully submitted, Stanley~ Secretary Saratoga Planning Commission j -9- OF SARATOGA PLANNING C AGENDA TIME: Tuesday, February 13, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL B. MINUTES C. COMMITTEE APPOINTMENTS II. PUBLIC HEARINGS A. C-163 - James W. Day, Woodbank Way and Quito Road - Request for Change of Zoning from "R-i-40,000" (Single-Family Residential) to "R-i-40,000 - P.C." (Single-Family Residential - Planned Community) - Continued from January 22~ 1973 III. BUILDING SITES AND SUBDIVISIONS : A. SDR-996 - Manuel Costa, Quito Road - Building Site Approval - 1 Lot - Continued from January 22, 1973 B. SDR-1016 - Robert Schiro, Upper Hill DriVe - Building Site Approval - 1 Lot C. SDR-1017 - R. alph Barksdale, Quito Road -'Building Site Approval - i Lot D. SD-1019 - Malachy Moran, Saratoga Avenu~ - Subdivision Approval - 6 Lots E. SD-i021 - James W. Way, Woodb. ank Way. and Q.uito Road - Subdivision Approval - 16 Lots IV. DESIGN REVIEW A. A-403 - Mobil Oil Corp., Saratoga-Sunnyvale Road - Final Design Review - Recon- struction of Service Station - Continued from January 22~ 1973 B. A-374 - West Valley College, Fruitvale and Allendale Avenues - Final Landscape Plans - Humanities and Fine Arts Buildings C. A-391 - George W. Day, Fruitvale Avenue and Douglass Lane - Final Design Review - Lot 2 Tract 5150 V. CITY COUNCIL REPORT VIo OLD BUSINESS VII. NEW BUSINESS A. UP-215 - C & I Development .Co., Cox Avenue and Homes Drive - Model Home Sales Office - Request for Extension 'III. COMMUNICATIONS A. WRITTEN B. ORAL IX.ADJOURNMENT J/lh