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Home My WebLink About11-13-1974 Planning Commission Minutes OF SARATOGA PLANNING MINUTES DATE: Wednesday, November 13, 1974 - 7:30 p.m. PLACE: City Council Chamber·s - 13777 Fruitvale Avenue, Saratoga, California TYPE: . Regular Meeting ******************** I. ·ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon,. Marshall, Martin, Matteoni and Woodward Absent: Commissioner Smith B. MINUTES · Commissioner.l'fMartin moved, seconded by Commissioner Belanger, that the reading of the minutes of October 17, 1974 be waived, and that they be approved as distributed to the Commission subject to the following corrections: (1) Page7, first paragraph of Item 4: change 9-fq~t to 90-foot right-of-way (2) Page 12, last sentence of first .paragraph: correct spelling of sighted (3) Page 12, last sentence of secon~ paragraph: correct spelling of semantics (4) Page 13, fifth paragraph: change "DVs" to Dbs" The motion to approve the minutes of the Special Meeting of October 17, 1974 was carried unanimously. Commissioner Woodward moved, seconded by Commissioner Martin, that the reading of the minutes of October 23, 1974 be waived, and that they be approved as distributed to the Commission subject to the foil'owing corrections: (1) Page 3, Item H: correct spelling of Mr. Tercini's name (2) Page 5, Item V(A), motion: ~a~d ~econd sentenc_e: "The motion was carried unanimously." (3) Page 7, Item VII(E): change phrase "would fall on" to "be set for." The motion ito ap~ove the minutes of :the meeting of October 23, 1974 was carried unanimously. C. CITY COUNCIL REPORT Commissioner Woodward gave an oral presentation of the City Council meeting of November 6, 1974. O~ special interest to the Commission~as a petition submitted ~X the property owners on Marion Avenue and Burns Way protesting the widening and 9.~r~ing on Marion Avenue from HighwayZ85 to the eastern boundary of Mr. Matulich's property. Further, that Mr. Matulich submitted a request to remove the Staff Report'condition on SDR-1095 regarding' th'i~"~b'in'~.S~f~ was asked to report i on th~s matter at the 'n~xt Cii'~'C~uYfI meeting~ II. PUBLIC HEARINGS A. C-171 - Mel de Selle, Fifth Street, change of zoning Request from R-M-3,000 (Multiple Residential)i.·~ to C-C (Community Commercial); a .2024 acre parcel~ Continued from October 23~ 1974 Chairman Marshall opened the public hearing on C-171 at 7:44 p.m. The Secretary stated that a Staff RepOrt had been prepared which recommended approval be gr~nted. He reported that the Subdivision Committee had reviewed this matter on several occasions, and that the applicant had agreed to participate"in' Pa~king '- Assessment District #2. He added that the request was in conformance wi~h the 1974 General Plan and the Village Plan. There were no other comments. -1- MINUTES OF NOVEMBER 13 '· ,' '~'7'Cr~ 7'1~'1"'~'S~1' IT - C on t ~ e d Commissioner Belanger moved, seconded by Commissioner Callon, that the public hearing on C-171 be closed. The motfon was carried unanimously, and the public hearing was closed at .~::46 p.m. Commissioner Belanger moved, seconded! by Commissioner Martin, that the Planning Commission approve the Staff Report dated November 13, 1974 on application C-171, and that the Commission forward to the City Council its recommendation to grant a ,6hange of zoningyon C-171 from R-M-3,000 to Community-Commercial. The motion was carried unanimously. B. C-176 - Gene Zambetti, Oak Street, Change of Zoning Request from R-M-3,000 (Multiple Residential)· to C-C (Community Commercial); Continued from October 23~ 1974 .Chair~7~ Marshall opened the public h%earing on C-176 at 7:50 p.m. The Secretary stated a Staff Report h~d been prepared which recommended approval be granted. He stated that the Subdivision Committee had reviewed this with the applicant on several occasions, and that the applicant had agreed to participate in Parking Assessment District #2; further, that the=~request for rezoning was in conformance with nhe provisions of the Village Plan and the 1974 General Plan. Mr. Zambetti, applicant, was present and reported that he had signed the contract entering into the Parking Assessment District #2. There were no further comments. Commissioner Woodward moved, seconded! by Commissioner Belanger, that the public hearing on C-176 be closed. The motion was 'carried unanimously, and the public hearing on C-176 was closed at 7:53 pl.m. Commissioner Belanger moved, seconded· by Commissioner Woodward, that the Planning Commission approve the Staff Report dated November 13, 1974 on application C-176, and that the Commission forward to the City Council its recommendation to grant a change of zoning on C-176 from R-M-B,000 to Community-Commercial. The motion was carried unanimously. C. C-177 - Mary Jane Brown, Third Street·, Change of Zoning Request from R-M-3,000 (Multiple R~sidential) to C-C. (Community Commercial); Continued from October 23, 1974 The Secretary stated that there was no·reason to open the public hearing on this matter insomuch as the applicant had submitted a request for withdrawal of C-177. He explained that the applicant intended to t,etain the present residential use of the property for several years, and in addition the participation in Parking Assess- ment District #2 would not be feasible for the applicant at this time. There were no further comments. Commissioner Woodward moved, seconded:by Commissioner Belanger, that the Planning Commission accept the request for withdrawal on application C-177, and refund the application fee·.~zon same. The motion was carried unanimously. III. BUILDING SITES AND SUBDIVISIONS A. SDR-1149 - Russell Reed, Saratoga-Sunnyvale Road, Building Site Approval - 1 LOt; (Expiration extended to November 13~ 1974); Continued from Oct. 23~ 1974 The Secretary stated that the Subdivision Committee reviewed this matter on November 12, 1974 with the applicant and his architect. It was noted at the meet- ing that the property was presently designated in the 1974 General Plan as Planned- Development,··and the Committee felt:consideration should be given to the development '~f'~h'i~ property to f~cilit~t~ the intended use of the General Plan. It was /~i~te·d~"'[hat~h~l~nYed Development use would hopefully encourage property owners to acquire al'aYger parcels of land. The secretary s6ated {ha6·"t~'~plican~ fh'~d' beeh' reque~d'~'~B'~t·'~"letter granting an extension to the Planning Commis- ~ion meeti~ of F~b'~u~y 'I2'~ '1975~"bu~ had not as yet Complied. -2- , ~" .,. '! MINUTES OF NOVEMBER 13 )74 A. SDR-1149 - Russell Reed - Continued Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission deny application SDR-1149 unless a.l=i~'e~'e~'~'~S'~b]nitted gra~ting an extension to the Planning Commission meeting of~Feb~a~"l'2, 1975. The motion was carried unanimously. The' files on the following Building Site zApplications were not complete, and Staff recommended they be continued: B. SDR-1150 - Donald Holly, Kittridge Road, Building Site Approval - 1 Lot; (Expires December 12~ 1974) C. SDR-1151 - David Dozier, Quito Road, zBuilding Site Approval - 1 Lot; (Expires 'December 17~ 1974) D. SDR-1152 - Peter Fitchen, Quito Road,' Building Site Approval - 1 Lot (Expires December 19~ 1974) Chairman Marshall directed SDR-1150, SDR-1151 and SDR-1152 be continued to the Planning Commission meeting of November 25, 1974, and referred these matters to the Subdivision Committee and Staff for r.~yiew and report. IV. D~SIGN R~IEW A. A-446 - Thomas Walker', Pierce Road, Final Design Review - Single-Family Residence; Continued from October 23~ 1974 Mr. Don .Burt, Assistant Planner, stated that the applicant was still working on re-. yised plans, and recommended this matter be continued. Chairman Marshall directed A-446 be continued to the Planning Commission meeting of November 25, 1974, and referred this matter to the Design Review Committee and Staff for further review. B.' A-448 - AVCO Community Developers, CoX Avenue, Final Design Review - Single-Family Residence~ Tract #5855~ Lots '1-20; Continued from October 23~ 1974 Mr. Burt explained that the applicant: was'intending to sell the property, and therefore had submitted a request for withdrawal of this application. Commissioner Woodward moved, seconded. by Commissioner Belanger, that the Planning Commission approve the request for withdrawal of application A-448, and refund the application fee on same. The motion was carried unanimously. C. A-455 - Darrell Askey~ Bi~ Basin Ways. Final Design Review - Identification SiSn Mr. Butt stated that a Staff Report had been prepared on this recommending approval be granted. It was noted that the request for identification sign complied with City Ordinances, and that the Design Review Committee reviewed this matter on November 12,'1974. Commissioner Woodward moved, seconded% by Commissioner Callon, that the Planning Commission grant final design approval to application A-455 per Exhibit B and the Staff Report dated November 13, 1974. The motion was carried unanimously. D. A-456 - Saratoga Community Center, Big Basin Way and Saratoga Avenue, Final Design Review - Identification Sign for Arts and Crafts Fair Mr. Burt stated that a Staff Report~d been prepared which recommended aRproval be granted on this .sign ~or a yearly event, and that the Design Review Committee .~h~d'revi~'W~d"~'~f&a~ on November 12, 1974. He explained that' t~'~ Code ~f6'rc~t O~l~e~[ad been requesting"that charitable organizations aRply__for' ~'sxgn p'e'~it~henever ch'~i~'~b'le events o6~'U~red. Mr. Burt added that the CitE._ ~d'f~'~'~t currenfl~dr"~l'i[erbetween ~b'ii~and private charity organizations, and~ ..~h~f"~y ~l'd'~lI re~'i~ review ~d ap~'~l' of sign permit applications by ~ De~'i~"R~iew Committee. ' -3- ~NUTES OF NOVEMBER D. A-466 - Saratoga Community Center - Continued Commissioner Woodward moved, seconded by Commissioner Callon,.that the Planning Commission approve application A-456 for an identification sign per Exhibit A and subject to the conditions of the Staff Report dated November 13, 1974. The motion was carried unanimously. E. A-457 - James Dinkey~ Mr. Eden Courts' Final Design Review~ Single-Family Residence Mr. Burt stated that the 'Design Review Committee had reviewed this matter on November 5 and NoVember 12, 1974.~. He recommended this be continued pending reso- lution of grading and setback conflicts. Chairman Marshall directed A-457 be con- tinued to the Planning Commission meeting of November 25, 1974, and referred this matter to the Design Review Committee. and Staff for further review and report. F. A-458 - Theodore Picard, Canyon View Drive, Final Design Review - Single-Family Residence Mr. Burt stated there w~re unresolved problems on this application, and recommended this be continued.i Chairman Marshall directed A-458 be continued to the Planning Commission meeting of November 25, 1974, and referred this matter to the Design Review Committee and Staff for further review and report. G. A-459 - Dividend I.ndustries, Inc., Saratoga Avenue and Dagmar, Final Design Review; Single-Family Residence - Tract #5462 Mr. Dick Loewke, P~lanner I, stated that the applicant was'requesting design review approval on landsc!aping; and pathways, and that a Staff Report had been prepared which recommended approval be granted'. Discussion followed on the applicant's intention to dedic.ate{certain land to the City, and questions were raised Ee_'_g, arding 'the maintenance re~sponsibility of same. It was the consensus of the Commission ~thfs matter be con'tinued pe~ing furthe~ revie~"~y'~he Design Review Committee, the Staff and the ~ity Attorney. Chairman Marsh-all directed A-459 be continued to the Planning Commission meeting of November 25, 1974, and referred this matter t0' the Design Review Committee,jS~'ff and .the qity Attorney for clarification of the qu~stion {$1ative to land ownership of the landscaped and pathway areas.. .._. H. SS-77 AVCO Commhnity Developers, Cox Avenue, Final Design Review - Subdivision Identification Sign; Continued from October 23~ 1974 Mr. Loewke stated ~hat the applicant had submitted a request for withdrawal of this application insomuch as it was directly related to application A-448. Dis- cussion followed on whether the $10 application fee should be refunded, and ft was the Commission~'s consensus that enough of Staff's time had been spent to- warrant not refunding the applicationzfee. Commissioner Woodward moved, seconded.by Commissioner Callon, that the Planning Commission approve' the request for withdrawal of application SS-77. The motion was carried unanimously. I. SS-80 - Osterlund Enterprises, FruitVale and San Marcos, Final Design Review - Subdivision Identification Sign Mr. Loewke stated that a Staff Report!had been prepared on this which recommended approval be granted. He pointed out that the Design Review Committee had reviewed this matter, and that it complied with the requirements of the City Ordinances. Commissioner Woodward moved, seconded by Commissioner Callon, that the Planning Commission grant final design review to application SS~80 ~er Exhibits A and A-i~ ~d'~b~ect to the!Staff Report dated November 13, 1974. The motion was carried unanimously. V. ENVIRONMENTAL IMPACT DETERMINATIONS The following Negative Declarations were filed between October 23, 1974 and November 13, 1974: -4- , ; MINUTES OF NOVEMBER 13 1974 ENVIRONMENTAL IMPACT DETERMINATIONS - Continued A. SDR-1150 - Donald Holly, Kittridge Road, Building Site Approval - 1 Lot B. SDR-1151 - David Dozier, Quito Road, Building Site Approval - 1 Lot C. SDR-1152 - Peter Fitchen, Quito Road, Building Site Approval - 1 Lot VI. COMMUNICATIONS - WRITTEN The following written correspondence was ·introduced to the record: A. Letter dated November 6, 1974 from Russell Crowther, 20788 Norada Court, in reference to the geological information on the Parker Ranch EIR. Staff was directed to make this part of the CE-172 file. B. Assembly Bill 3784 regarding State noticing requirements on rezoning. Senate Bill 977 regarding amendments to the Subdivision Map Act. C. Minutes of the Planning Policy Committee of October 24, 1974. D. Memorandum dated November 8, 1974 relative to the Planning Policy Committee on transportation and landuse. E. Letter dated November 5, 1974 from ·john Weir, president of Greater Arguello Home- owners Association, relative to the zoning of the Fremont High School District. Staff was directed to make this part of the file on the request to change the zoning of th~s property in the 1974 General Plan. F. Letter dated November 13, 1974 from McKay and· Somps relative to Trac~ 5462. The letter requested minor deviations on the g~d~"~'l~' as 'c~d'i'ti~ ~n the Staff Report on the tentative map approval.. Mr. Trinidad, Public Works Department, indicated the deviations were reasonable·, but added that Public Works would not submit this application to the City Council for final map approval until design review problems were resolved. Discussion followed on landscaping of this tract, maintenance responsibily thereof, pathway and fences. Concern was expressed as to who should bear the responsibility of the path and landscaped areas under the PG&E easement. 'e~irman Marshall stated he felt the question of land ownership .q~l~ibe handled separately, but that' it did require input from the CityAt.torney as to what should be d6ne. He'·fUr~er·stat·ed that he felt t~e DeSign Review Committee could make a decision relat{ve to the question of land ownership prior to the City Council meeting of November 20, 1974. cha~r~a~ MarS~ail '~ed, seconded by Commissioner 'Martin, that the Planning Commis- sion approve the conditions outlined/by McKay and·.Somps ~n their letter of November 13, 1974 relative to deviations of the grading plan as conditioned in the Staff Report for tentative map approval on this matter, with the stipulation that the finished grading be no greater than ~2-inches~.a~ the property line of t~e adj·a- · cent tract. 'The motion was carried unanimously. Chairman Marshall moved, seconded by Commissioner Belanger, that ~'on~er~~ of the Commission be expressed to the City Council that there were problems associated with path and landscaped areas on the north side of the property under the PG&E ease- ment, and that they be·alerted to the needsfor the ultimate disposition of ownershf~'- ?and responsibility 'fbr that area prior to final map approval. The motion'·WaS .~ VII. COMMUNICATIONS - ORAL "' :' "'~ .... ' ~' '...-...~' "'.' ~ ......... i." A. The secretary suggested a field trip to Parker Ranch be entertained by the Commis- sion for the purpose of discussing some of the geological and soils stability questions raised to-date on._CE-172, with invitations extended to: interested residents in the area; E~V~'{engineering geologist; Mr. Jim Berkland, Santa Clara County engineering geologist; Ben Patterson; the developer's engineering geologist; and to the City Council. The Commission unanimously agreed with this suggestion, and the field trip was scheduled for December 7, 1974 at 9:00 a.m. on the site. Staff was requested extend invitations to the above-mentioned people, and to provide ~n advance a loose~0dtline of the field trip. -5- o MINUTES OF NOVEMBER 1~' 974 ORAL COMMUNICATIONS - Continued B. It was noted that En~iros had submitted its response to the EIR on the Parker Ranch, and the matter of scheduling ai public hearing on same was discussed. Monday, December 16, 1974 at 7:30 p.m. in the City Council Chambers was scheduled as the date for this special public hearing, and Staff was requested to give public notice in the Saratoga News as well as forward public notices to all parties who had submitted material on this matter. C. The Secretary reminded the Commissioners that the next Planning Commission ~eet·ing would be held on Monday, November..2~_~__1974, and that the second reg~l~P'Ia'~i~g 'CommissiOn meeting in December ·h_a.d been' ~ancel~ed. D. Commissioner Woodward requested Staff· ~ook'~t the mou~d Jf earth on the property__. on the corner of Regan Drive and Blauer Drive. She stated that she · ' .... ~elt the plants were overgrown and created a traffic hazard. Mr. Trinidad indi- cated he would check into this. E.Chairman Marshall expressed appreciation to Mrs..-Ag·e~l'~' of the Good Government Group for serving coffee, and.welcomed Councilman Kraus to the meeting. VIII. ADJOURNMENT Commissioner Woodward 'moved, seconded by Commissioner Matteoni, that the Planning Commission meeting of November 13, l~74_b.e adjourned. The motion was carried unanlmously, and the meeting was ~djOurned at 9:10 p.m. K. cefully s~ ~ · Marty Van Duyn, ~Cr~tary -6-