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HomeMy WebLinkAbout07-09-1973 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION SUMMARY OF MINUTES ******************** TIME: Monday, July 9, 1973 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, Califor~a TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Lively, Marshall, Martin, Matteoni, Smith, and Woodward. B. MINUTES Commissioner Marshall moved, seconded by Commissioner Belanger, that the reading of the minutes of the June 25, 1973 meeting be waived and that they be approved.as distributed to the Commission with the following changes: page 5. .paragraph 1. .under III. B. SDR-1037. .line 3.. change the word "fill" to "cut"; page 6. .under III. C. SD-1040. last paragraph. . .line 2. .add the word "pursuant to SD-1040" between the words "construction" and "by"; page 7. .under G. SD-1052. condition 11. .change the wording in the parenthesis to read (width not under 15-feet); motion carried with Commissioner Martin and Smith abstaining. C. CITY COUNCIL REPORT Commissioner Smith listed the following items discussed at the City Council meeting of July 3, 1973 as being of significant interest to the Planning Commission: 1) Further review and discussion of the traffic, circulation, and the~'Traffic Consultant's report relative to Via Roncole, Arroyo de Arguello and Wardell Road. 2) PrSblems relating to Lyngso Garden Materials Operation. 3) Use of residence at 20247 La Paloma Avenue for operation of an automobile towing service. 4) Amendment of Tract Restrictions for Gatehouse Condominium. 5) Withdrawal of of Appeal by Osterlund Enterprises. 6) Westbrook Annexation. D. STUDY SESSION The Secretary explained that a StUdy Session is necessary in order for the Planning Consultant to meet and discuss contracts'limitations and changes in the Planning Department Staff and=goals for the next several years. Chairman Lively requested the Secretary to schedule a Study Session of the Planning Commission for 7:30 P.M., July ~'~973 in the Crisp Conference Room. -1- Planning Commission Minutes - July 9~ 1973 - Continued II. PUBLIC HEARINGS A. V-396 - Dennis Paldi, Wardell Road - Request for Variance to Allow Reduction in Front Yard Setback Requirements Chairman Lively opened the hearing relative to V-396 at 7:41 P.M. The Secretary stated the Notice of Hearing was mailed and the applicant has requested a 17-foot front yard setback in lieu of the required 21-foot setback for this legal non-conforming lot.with existing residence. The applicant was present and stated that the existing house is about twenty-two years old and then submitted a! petition containing signatures of neighbors stating they ~id. not object tO'the proposed Variance request. No one else present wished to comment. Chairman Lively closed the hearingSfor the evening, at 7:45 P.M., directed V-396 continued to the next regular meeting and referred same to the Variance Committee for study and a report. Commissioner Martin, on behalf o2 the Variance Committee, arranged for an on-site inspection of the p~operty with the applicant for Saturday,~ July 14, 1973 at 9:00 A.M. B. UP-226 - C & I Development, Saratoga Avenue and Palo Oaks Court - Request fDr Use Permit to Allow'Model Home Sales Office Chairman Lively opened the hearing relative to UP-226 at 7:46 P.M. The Secretary explained that this request for a model-home sales-office was previously denied'.By the Planning Commission and then appealed to the City Council. The request for appeal was later withdrawn since it was determined that a combined sales-office might be utilized for two (2) different subdivisions and in this way provide ljan excess number of lots than what is required by"P'lann'fng P~I'~d~' 'for a model homes sales office. Mr. Mark Roberrs, present to represent the applicant,=said that most of the clients would visit the model-home sales-office by appointment. There are never more than three (3) or 'four (4) cars in front of the model- home sales-office at any one time and parking on Saratoga Avenue is discouraged. Chairman Lively noted that the object is to actually handle three (3) subdivision from this one sales Office pending the approval of the property located at Fruitvale and Allendale Avenues. Commissioner Belanger wondered if it was appro]~riate to consider the property at Fruitvale and Allendale Avenues since the Change of Zoning has not yet been approved by the~City Council. Nb-'one'oelse present wished to comment. Chairman Lively closed the hearing for the evening at 7:54 P.M., directed the matter continued to the next regular meeting and referred UP-226 to the Subdivision Committee for 'study and a report at the.next regular meeting. C. Informal Public Hearing - Abel M.' Carreia, Saratoga-Sunnyvale Road - Request for the Storage and Sales of Building Supplies and Garden Landscape Materials as a Conditional Use In the "C-V" (Visitor-Commercial) Zoning District - Continued from June 25~ 1973 The informal discussion was opened at 7:55 P.M. CommiSsioner Smith stated that the applicant and his attorney visited with the Subdivision Committte and advised the Committee that the illegal business operation has been closed down completely~ The applicant did inquxre if it would be all r~ght~rt Planning Commission Minutes - July 9~ 1973 - Continued II. C. Informal Public Hearing - Carreia - Continued if he continued to move equipmene from this site to another and the Subdivision Committee felt this was a reasonable request as long as there is no sale of merchandise involved. Mr. Carreia was present and stated that his attorney did meet with the __Ci__!ty ~ttorn___ey to discuss this matter. The operation on the highway has /__been clOsed,.and is being moved 'to~'the back of the Handy Andy Store where it haS'~beenfor a long time; however, nothing has been moved recently pending the outcome of this or future hearings. The initial move to the highway was mad~ .because more exposure was needed and he was not aware that a permit would be needed to move the operation from one location to another. Commissioner Belanger asked how it was possible to:cease"this business operation when deliveries are still being made to the other location? Does that not constitute still using the site? Mr. Carreia stated that if the result of this hearing is that the operation on the highway cannot be continued then it will be moved. Mr. Carreia further stated, in answer to an inquiry from Commissioner Marshall, that the items to be sold at the ~roposed location are as follows: colored rock, saw-dust and wet~mix,.and-miscellaneous'gr~und-cover materials. The City did issue a permit to him for this use under the "C-V" zoning.at the original location. The Secretary, in answer to.an inquiry from Commissioner Smith, stated that the permit is void if Mr,~ Carreia abandons the use at the original location for a period of ninety (90) days. Commissioner Marsh~[~ sta~d~h~"Ci't~n's Committee for the General Plan and the Planning CommissionZwould like the Miljevich property. developed as a single entity; therefore, any permit should be made temporary. Mr. Hirshon, attorney for ~Mrj Carreia, stated that !) as far as he understands the situation this use has never acutally been abandoned 2) the existing use was expanded in .order to alleviate some of the problems at the original site~ 3) the relocation to the front of the property on the highway wouldbe to Mr. Carreia's economic advantage as well as provide a better exposure for thfs business and 4) the use on the highway has been terminated pending action of this Commission. Mr. and Mrs. Ken Croft, adjacent property owners, stated that they are opposed to this use and feel the original Use Permit should not have been granted since the operation is undesirable for this location. The operation has not been~l~'~l'~ entirely since deliveries have been made recently at 1:00 A.M. Mr. Allen Levy, President of the'Northwest Homeowners Association, stated that he does not have a specific zcomment relative to this application, but the Association has taken a position (which has been forwarded to the City Counc{1) with regard to the entire area on both the east and west side of the Highway. The entire area should be developed with strict architectural controls with an attractive entrance into the City which would be truly representative of Saratoga. Mr. Carreia stated that the Crofts must be mistaken about the comment made relative to deliveries to his property since nb such.-ac~ivity has taken place in connection with his operation since the request to stop has been made. Chairman Lively closed the hearing for the evening at 8:21 P.M., directed Mr. Carreia's request continued to the next regular meeting, and referred same to the Subdivision Committee and Staff for a progress report at that time. -3- Planning Commission Minutes - July 9, 1973 - Continued III. BUILDING SITES AND SUBDIVISIONS A. SDR-1037 - R. J. Hunter Developments, Ltd., Comer Drive - Building Site,'Approval - 4 Lots - Continued from June 25, 1973 The Secretary stated that the applicant did review the proposed condi- tions of approval and expressed~satisfaction with same. Commi'ssioner Smith recommended ~hat condition II-C of the Staffs. Report dated ~uly"9,".1923~r~l~tive"to"'SDR-I037 be amended to read as follows: "II~C. Reference to future street to be deleted from the final map." Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated July 9, 1973 relative to SDR-1037 beTadopted, as amended, and that the tentative.map (Exhibit "A-2", filed July 6, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. B. SDR-1043 - Bernard Klien, Pierce Road - Building Site Approval - 1 Lot - Continued from June 25~ 1973 The Secretary recommended that SDR-1043 be continued to the next regular meeting to allow additional time f~'~h~lic~nt to submit a revised map. Chairman Lively so directed. C. SDR-1047 - John MCLaughlin, Pierce Road and Via Regina - Building Site Approval - 2 Lots - Continued from June 25, 1973 The Secretary explained that there are many questionable aspects relative to lot division, trees, and.the~acdess road in connection with SDR-1047. In further review by the Department ~f Public Work~it was found that the proposed retaining-wall structure is very excessive in physical dimensions and actual cost. This property has legal non-conforming frontage. · Mr. Trinidad, Assistant Director of Public Works, stated due to the pro- posed road-widening an extensive retaining wall would be necessary (approximately 50-feet l~n~ and 20-feet high). A bond amount'for the retaining wall and the necessary tree removal has not been determined since additional information must be supplied by the applicant's engineer. Chairman Lively directed SDR-1047 continued to the next regular meeting and requested the Staff to obtain the necessary information from the applicant's ehg~neer in order to prepare a report in time for the next meeting of the Planning Commission. D. SDR-1054 - Roy Anderson, Saratoga Avenue - Building Site Approval - 2 Lots - ContinUed from June 25, 1973 Commissioner Smith recommended that SDR-1054 be continued to the next regular meeting in order to wor~ out problems relative to Flood Control requirements. Chairman Lively so directed. ~ E. SD-1055 - Roberts Communities, Inc., Saratoga Avenue and Dagmar Drive ~ Subdivision Approval - 42 Lots - Continued from June 25, 1973 The Secretary recommended that SD-1055 be continued to the next regular meeting in order to further review the comments submitted by Flood Control and PG&E. Chairman Lively so directed. -4- Planning Commission Minutes - July 9, 1973 - Continued III. F. SD-1057 - Gerald D. Butler, Walnut Avenue - Subdivision Approval - 7 Lots Commissioner Smith explained that this subdivision ~as submitted to Flood Control for review and they took over one-half the area of the lots by re-routing the creek so the Subdivision Committee asked the Secretary to contact the Flood Control District and inform them that their plans for the creek are entirely out of c~nsideration. This matter is recommended for continuance to the next regular meeting. Chairman Lively so directed. G. SDR-1059 - David Mendenhall, Mt. Eden Road - Building Site Approval - 1 Lot - Continued from June 25~ 1973 The applicant was present and stated he had reviewed th~'p~oposed condi- tions of approval and expressed satisfaction with same. C~d'it~iI~"~f t'~'Egf~' Report dated July 9, 1973 relative to SDR-1059 ,'b~ amended by changing the Wbrd""site" to "sites" i~' line 2. .and in line 3. .insert "(B)" between'the words "site" and "havi.ng" and in the last line change "20%" to read '.'18%". Commissioner Smith moved, seconded by Commissioner' Marshall, that the Staff Report dated July 9, 1973'relative to SDR-1059 be adopted, as .amended, and that the tentative'map (Exhibit "A", filed June 14, 1973) be approved subject to the conditions set forth in said report; motion carried.' unanimously. H. SD-1060 - Edward T. Wild~ FruitVale Avenue - Building Site Approval - 1 Lot The Secretary stated that the applicant did review the proposed conditions of approval and expressed satisfaction with same. Chairm~n Lively recommended that the note at the end of the Staff Report relative to SDR-1060 be deleted. Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report Hated July 9, 1973 relative to SDR-1060 be adopted, as amended, and that the tentative'map (Exhibit "A-I", filed July 5, 1973) be approved subject to the conditions set forth in said report; motion carried unanimously. I. SDR-1061 - Ronald Freeze~ Herriman Avenue -'Building Site Approval - 1 Lot The Secretary recommended that .SDR-1061 be continued to the next regular meeting to allow time for/Flood ~o~ to submit their Comments. Chairman2"Lively so 'directed. J. "SDR-1062 -' Dr. E'lgann Jacks'en~ E1 Camino Grande and Sperry Lane - Building Site Approval - 1 Lot The Secretary recommended that SDR-1062 be continued to the next regular meeting to allow additional time for the applicant to submit information relative to water supply. Chairman Lively so directed. IV. DESIGN REVIEW A. A-415 - Congregation Beth David lSynagogue - Final Design Review - New Synagogue Building Chairman Lively summarized the Staff Report dated July 9, 1973 relative to A-415 recommending Final Design Approval be granted for the new synagogue building for Congregation Beth David. -5- Planning Commission Minutes - July 9~ 1973 ~ Continued IV. A. A-415 - Continued' CommisSioner Belanger moved, seconded by Commissioner Matteoni, that the Staff Report relative to A-415 be adopted and that Final Design Approval be granted the synagogue building for Congregation Beth David as shown on Exhibits "B, "C", and "D" subject to the conditions set forth in said report; motion'carried with'!Chaihnan Lively voting "no".' Bo A-418 - George W.,Day ConstructiOn, Fruitvale Avenue - Final Design Review - Lots #10 and #11 of Tract #5327 The Secretary read the Staff Rep6rt dated July 9, 1973 recommending that Final Design Approval be granted for ~he h~dse proposed for Lot ~10 of Tract #5327. The report was amended by adding'the following condition ~!c": "c) Setback to be 40-feet from Okanogan Drive." Commissioner Belanger moved, sec6nded by Commissioner Woodward, that the ' Staff Report relative to A-418, Lot #10, be adopted, as amended, and that Final Design Approval be granted'for the house on Lot #10 in Tract #5327 as shown on Exhibit "A" subject to the conditions set forth in said re- port; motion carried unanimously~ A-418 - Lot ~11 The Secretary read the Staff Report dated July 9, 1973 recommending that Final Design Approval be granted for the house proposed for Lot #11 of Tract #5327. Commissioner Belanger moved, sec6nded by Commissioner Woodward, that the Staff Report ret~tive to A-418, ~ot #11, be adopted and that Final Design Approval be granted for the house on Lot #11 in Tract #5327 as shown on Exhibit "B" subject to the conditions set forth in said report; motion carried unanimously. ~ V. ENVIRONMENTAL IMPACT REPORT z None VI.MISCELLANEOUS ITEMS A. SDR-935 - John L. Richardson~ Quito Road - Request for Extension The Secretary stated that a request for a one (1) year extension for SDR-935 was received from this applicant. Commissioner Smith moved, seconded by Commissioner Marshall, that the request for a one (1) year extension for SDR-935 be approved; motion carried unanimously. .B. Traffic Circulation Study - Via Roncole, Arroyo de Arguello, Comer Drive, and Wardell Road The Secretary stated that the City Council at its last regular meeting requested the Planning Commissioner to consider the proposal of the residents of Via Roncole and the plan to cul-de-sac Arroyo de Arguello approximately in the area between Comer Drive and Wardell Road. The question of the bridge improvement on Wardell Road between Arroyo de Arguello and Saratoga-Sunnyvale Road, also, came up and was of some concern to the City Council. All this relates somewhat to circulation of the entire area and a proposed traffic signal at the Wardell Road, Cox Avenue, Saratoga-Sunnyvale.Ro'ad intersection. The City Council would like to know what the Plan~ing Commission feels about cul-de-sacing Arroyo de Arguello hal.~.Wa~-b~t~een Wardell and Comer. -6- Planning Commission Minutes - July 9~ 1973 - Continued VI. B. Traffic Circulation - Continued r Commissioner-Smith stated that a~cul-de-sac for Arroyo de Arguello Would-constitute an illegal cul-de-sac. · - The Secretary agreed that it would be a'violation of the Subdivision Ordinance. Commissioner Martin stated that a signal light is needed at this 'intersection. Chairman Lively advised-that a temporary barrier across the railroad tracks could be used to regulateitraffic and'still maintain an emergency route. Commissioner Marshall stated that ~hen.=another group'of citizens would be unhappy because they could not get out Via Roncole. Chairman Lively Stated.he would like'to see what affect the traffic signal will have at this intersedtion since the traffic pattern may change. Commissioner Smith pointed out that 1) a cul-de-sac with more than twelve (12) lots an it is illegal 2) it has been the policy that with '-more than fourteen (14) lots to have a second access road and~he pro- posed cul-de-sac would be in violation of both of these requirements. Commissioner Martin stated that there was some discussion relative to a rumble'strip or.speed bump. '.' The Secretary stated that the State Division of Highways has ruled that-'these devices are not recognized speed control devices and the City Attorney feels they would be legally detrimental to the City.- Mr. Trinidad stated that the Vehicle Code for California states these devices'cannot'be used and only Control devices that can be used are · those authorized by the State DiVision of Highways. The Highway Division does use rumble Strips on occasion but not on'thoroughfares. Chairman Lively stated that the proposed cul-de-sac is not a good plan and is in violation of the ordinance and it should not be done and any further traffic study should.be postponed until the signalT. is installed at Wardell and Highway 85. Commissioner Marshall explained that the residents of this area must realize that they purchased homes on a street that does have and will continue to have a traffic flow. Commissioner Martin.mOved, seconded by Commissioner Marshall that the following recommendations be forWarded to the Planning Commission as the recommendation of'the Planning Commission: 1) It is not goodTPlanning to cul-de-sac a collector street. 2)~z The cul-de-sacing would be in violation of the Subdivision Ordinance; therefore, an alternate plan should be devised. 3) The traffic situat{on in the'area should only be restudied - after the signal light is installed at Wardell Road and Highway 85; motion carried unanimously. -7- Planning Commission Minutes - July 9~ 1973 - Continued VI. C. Westbrook Annexation - Change of'Zonin8 The Secretary explained that at the last City Council meeting the representative from Westbrook stated that it is their desire to upgrade the zoning for at least the east'half of the area. The Planning Commission and Staff had previously recommended that the entire Westbrook area be zoned.:~'. R-l-10,000 since 1) the average of all the lots was less than 12,50.0~square feet in size 2) the area had been zoned "R-l-10,000" under the County Zoning and 3) the character of the area is similar to that of the adjacent Brookview area, also, zoned "R-l-10,000". The City Council felt that, perhaps, the residents of Westbrook had a point in requesting that the eastern half of the area be granted a higher zoning designation. Commissioner Marshall asked if it was not established that if the higher zoning were approved there wouldzbe a series of legal non-conforming lots created. The Secretary stated that was correct, but the City Council did feel there was reason enough to consider two (2) different zoning categories to provide more realistic zoning districts conforming to the actual lot sizes. Commissioner Belanger asked if all the setbacks in this area met the requirements of the Zoning Ordinance. The Secretary stated that a detailed analysis of this information has not.been made. ' Commissioner Belanger suggested that the residents of Westbrook be contacted and requested to supply the City with that information. Chairman Lively asked the Staff to request the City Council to continue the public hearing relative to this matter until the information relative to the setbacks in the area can be made available and that the residents of Westbrook be asked to supply the City with the appropriate information. VII. COMMUNICATIONS A. WRITTEN None Bo ORAL Guests Chairman Lively acknowledged, with pleasure, the presence of Councilman Bridges, Mrs. Aberle and Mr. Frampton of the Good Government Group. He, also, thanked Mrs. Aberle for the coffee served at recess. VIII. ADJOURNMENT : Commissioner Marshall moved, seconded by Commissioner Martin, that the meeting of July 9, 1973 be adjourned at 11:00 P.M.; motion carried unanimously. Respectfully submitted, 2~tanley M. ~alker, Secretary Saratoga Planning Commission -8-