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HomeMy WebLinkAbout03-09-1977 Planning Commission Minutes TY OF SARATOGA PL~dN'NING CO:x[~IIS MINUTES DATE: Wednesday, March 9, 1977 - 7:30 p.m. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Laden, Lustig, Marshall, Martin & Zambetti Absent: None B. MINUTES Commissioner Marshall moved, seconded by Commissioner Lustig, that the reading of the Planning Commission meeting minutes of February 2S, 1977 be waived, and that they be approved as distributed to the Commission. The motion was carried unanimously. C. RESOLUTION Planning Commission Resolution No. PC-127 was read into the record/as follows by con~is- sioner Marshall, author of same: RESOLUTION NO. PC-127 RESOLUTION OF THE PL'~NING CO~4ISSION OF THE CITY OF SARATOGA IN APPRECIATION TO CO~'DIISSIONER NOh\t~N J. ~RTIN FOR HIS SERVICES TO THE CITY OF SARATOGA WHEREAS, Commissioner Norman J. Martin.has served with distinction on the Saratoga City Planning Commission since May of 1970 in a variety of positions, including Vice Chairman of the Commission, Chairman of the Variance Committee, member of the General Plan Committee, member of the Design Review Committee, and member of the Subdivision Committee; and NHEREAS, his dedication to high standards of ethics and conduct, combined with empathy for the needs and desires of the citizenry, and proficiency in applying ordi- nances and policies of planning, have served as an outstanding example of public service in government; and I~EREAS, his contributions to the Commission and citizens of Saratoga will have positive benefits for many years to come. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga does hereby thank both officially and personally Commissioner Norman J. Martin for his devoted service to his community, and extend to him its affection and gratitude along with best wishes for success in his future endeavors. PASSED AND ADOPTED ~ the City of Saratoga Planning Commission, State of California, this 9th day of March , 1977, by the following vote: Commissioner Marshall moved, seconded by Commissioner Lustig, that the Planning Commis- sion adopt Resolution No. PC-127. The motion was carried; Commissioner Martin abstained. Appreciation and good wishes were expressed by each of the Commissioners to Commissioner Martin for his service to the Planning Commission. II. CONSENT CALENDAR A. Composition of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commis- sion approve the Consent Calendar of March 9, 1977 with the following exceptions: CO~.IISSION MINIlTES OF ~-9-77 -_ II. CONSENT CALENDAR - Cont'd SDR-1286 - Pinn Brothers Construction, Saratoga Avenue, Final Building Site Approval 1 Lot SDR-1287 - Pinn Brothers Construction, 'Saratoga Avenue, Final Building Site Approval 1 Lot A-862 - Village Rendevous (Federal Sign Company), 14420 Big Basin Way, Final Design Review Approval - Identification Sign' " The motion was carried unanimously. These items were discussed later in the meeting. B. Items of Consent Calendar Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commis- sion grant approval to the following applications: 1. Final Building Sites a. SDR-1218 - Shannon Lightfoot, Springer Avenue, Final Building Site Approval 1 Lot " b. SDR-1289 - D. McCormack, Douglass Lane, Final Building Site Approval - 2 Lots 2. Design Review a. ';A-558 - Saratoga Ebothills Development Corporation, Douglass Lane, Final Design Review A~roval - 4 Lots fTract #8927) - Exhibits "A", "B",_"C" and "D" and per Staff ReDort dated March 4, 1977 The motion was carried unanimously. III. TENTATIVE BUILDING SITES/SUBDIVISIONS A. SDR-1286 - Pinn Brothers Construction, Saratoga Avenue, Final Building Site Approval 1 Lot Commissioner Martin.asked whether Co"n'd'iYi~' V-D had been complied with; i.e., whether an easement for one on-site hydrant had been granted per the Saratoga Fire District?s request. Although it was noted that said easement was not reflected on the final maps of either SDR-1286 or SDR-1287, Staff pointed out that a letter had been received from the Water Works Company assuring the City that all necessary fees had been paid and that the installation of the hydrant was guaranteed. Additionally, it was noted that the Fire District was satisfied that this requirement had been met. At this point, Commissioner Martin moved, seconded by Commissioner Marshall, that the Planning Commission grant final building site approval to:application SDR-1286. The motion was carried unanimously. B. SDR-1287 - Pinn Brothers Construction, Saratoga Avenue, Final Building Site Approval 1 Lot Commissioner Martin moved, seconded by Commissioner Marshall, that the Planning Commis- sion grant final building site approval to application SDR-1287. The motion was carried unanimously. C. SD-1293 - Osterlund Enterprises, Allendale Avenue, Tentative Subdivision Approval - 26 Lots; Continued from February 23, 1977 Note was made that a letter granting an extension of this matter had been received. Chairman Belanger directed that application SD-1293 be continued to the Planning Commis- sion meeting of March 23, 1977, and referred this matter to the Subdivision Committee for further review and report. -2- CO~-IISSION MINIJTES OF 3-9-77  D. SD-1296 - Gerald Butler, Montalvo Road, Tentative Subdivision Approval - 7 Lots; Con- tinued from February 23, 1977' Note was made that a. letter granting an extension of this matter had been received. Chairman Belanger directed that application SD-1296 be continued to the Planning Commis- sion meeting of March 23, 1977, and referred this matter to th'e Subdivision Committee for further review and report. IV. PUBLIC HEARINGS A. UP-318 - Grand Lodge of the Independent Order of Odd Fellows (IOOF), 14500 Fruitvale Avenue, Request for Use Permit in Accordance with the Provisions of Article 16 of Zoning Ordinance NS-3 to 'Allow for the Expansion of the IOOF Lodge to Pro- vide for 150 Units of Senior Citizen Housing; Continued from February 23, 1977 Note was made that a Staff Report had been prepared recommending approval of this appli- cation. It was also noted that this matter· would be required to receive final Design Review Approval, as well as:builaln~'~i~e approval. Additionally,. the Secretary re- minded the Commission that if a conditional use permit were granted, the Commission at any time in the future had the power to reopen this matter for further consideration. Chairman Belanger reopened the public hearing on UP-318 at 7:55 p.m. - ® Clark Basserr, 19401 Crisp Avenue, requested that the reSidentS in the area be notified of any future hearings on this matter. Although it was noted that future review of this matter would not require public hearings, Chairman Belanger requested Staff to notify Mr. Bassett of Design Review and Subdivision Committee meetings held to review this project. - ® Commissioner Marshall recommended that the second sentence under Condition (F) be modified as follows: "Should the City in-the'future. determine ~hat the planned and improved parking facilities are inadequate to service the project needs, the appli- cant shall be required to improve, within a reasonable period, the reserve parking area." · Commissioner Callon asked whether the Staff in its report had considered the Senior Citizen Housing Task Force Report in its review of this project. The Secretary noted that the project's density and other similar criteria had been considered, and had been found consistent with the Task Force Report. She also asked if mitigation measures recommenaed in the EIR had been pursuea. The Secretary noted that the EIR had recommended that the grading plans be reviewed by the Subdivision Committee, and Chairman Marshall pointed out that the tentative map submitted by the applicant had reflected the location of trees-recommended for preservation by the EIR. Additionally Coffnnissioner Callon asked how the senior citizen preference list would be handled, and Staff explained that 'this would be resolved through the Commission at a later date. At this time, Commissione. r Marshall moved, seconded by Commissioner Lustig, that the public hearing on UP-318 be closed. The motion was carried unanimously. Commissioner Marshall moved, seconded by Commissioner Martin, that the Planning Commis- sion grant approval to UP-318 per Exhibit "A-I" and theZStaff RepOrt dated February 28, 1977, as amended. The motion was carried unanimously. B. V-463 - Li Chi and Shou-Ui Hsu, 13442 Holiday Court, Request for Variance to Allow a 15-Foot Frontyard Setback in Lieu of the Required 2S-Foot Setback for Residence to be Constructed on Canyon View Drive (Ordinance NS-3, Section 3.7-1); Con- tinued from February 23, 1977 Chairman Belanger reopened the public'hearing on V-463 at 8:12 p.m., noting that this ._ matter-was recommended by staff to _be continued. ~ Mr. Raines, Canyon View Drive and adjacent neighbor, was present and reiterated hf~' opposition to this variance. · Note was made that this matter was recommended to be continued in order to allow additional time for the applicant and his adjacent neighbor, Mr. Picard, to resolve -'3- -~ C0~'~|ISSION MIN]JTES OF 3-9--77 IV. B. V-463 - Li Chi and Shou-Ui Hsu - Cont'd access road problems. It was explained that although Mr. Picard's access road had been approved in design, it had not as yet been engineered through improvement plans to the:satisfaction of the City Public Works Department. Consequently, it was pointed out'that oc~uphncy could not be granted to the Picards until this matter had been resolved. At this point, Chairman Belanger closed the public hearing on V-463, and directed that it be continued to the Planning Commission meeting of March 23, 1977. V. DESIGN REVIEW: A. A-551 - Henry Fallek, Pike Road, Final Design Review Approval - Single-Family Residence; Continued from February 23, 1977 Chairman Belanger directed that A-551 be continued to the Planning Commission meeting of March 23, 1977'~nd'in~Zaction by the Land Development Committee of the tentative building site application. B. A-557a- Dividend Industries, Saratoga-Sunnyvale Road/C"6FAVenue, Final Design Review Approval of Landscaping and Fencing along Saratoga-Sunn~ale Road of Tract #5944; Continued from February 23, 1977 Note was made that a Staff Report had been prepared recommending approval. Commissioner Lustig recommended that the term "6-foot concrete pathway" used in the second paragraph under Project Description and in Item #3 under Comments, be corrected to read "6-foot asphalt pathway."' He pointed out that this matter had been reviewed by the Design Review Committee, who had made the determination that a 6-foot pathway would be more appropriate than the original 4-foot pathway in order that it could be properly cleaned by the City Sweeper. Commissioner Marshall objected to the revised width of the pathway stating that he was unwilling now or in the future to give up land to impervious surface at the loss of grass or trees. He stated that if he would have kno~ about this restriction prior to approving the subdivision, he would have supported a wider easement between the street and property line to provide for adequate landscaping. At this point, Commissioner Lus~ig moved, seconded by Commissioner Laden, that the Planning Commission grant final design review approval to application A-557-a per Exhibit "A" and the Staff Report dated March 4, 1977, as amended. The motion--was carrio, Commissioner Marshall voted no. C. A-562 - Village Rendevous (Federal Sign Company), 14420 Big Basin Way, Final Design Review Approval - Identification Sign Staff explained that the applicant was requesting a lighted sign to be placed on the face of his building, which would be in addition to an existing sign located on the side of his building. Staff pointed out that it had been found that the total square coverage of these signs exceeded the maximum allowed under ordinance; and consequently', the applicant had been requested to reduce the size of the requested sign to meet ordi- nance specifications. It was noted that the applicant had responded to this request by submitting revised plans which complied with all ordinances. Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commis- sion grant final design review approval to application A-562 per Exhibits "A" and "B" and the Staff Report dated March 8, 1977, as revised. The motion was carried unanimously VI. MISCELLANEOUS A. Zoning Ordinance Amendment - Consideration of Amending Commercial-Visitor (C-V) Zoning District to Allow for Shopping Centers Note was made that a Staff Report had been prepared on this matter (GF-312) recommendL .ing that the following be added to the list of conditional uses within a C-V zone: 'mixed u~e developmen~ (cO_mmercial/residential mixed use) of 5+ acres containing profes- sional-administrative, multiple-residential or commercial uses (inCluding shopping centers with major tenants) or any combination thereof for which a precise development plan has been approved. It was pointed out that this report and recommendation was in .............. r~sp~nse to dialogU~ by the Commission at its Committee-of-the-I~ole meeting hejd to ~4- CO~IISSION MINUTES OF 3-9-27 - ~ Vt. A. Zoning Ordinance Amendment - Cont'd (GF-312) discuss the proposed shopping center project on Saratoga-Sunnyvale/Prospect n0~a~ ' Although there were no members of the Northwest Saratoga Homemakers Association present in the audience when this matter was discussed, Staff noted that a copy of the agenda had been mailed to the Association's secretary. Commissioner Marshall pointed out, however, that members of the Association .bad been present at the Committee-of-the-~tole meetin~ where this matter had been discussed. Chairman Belanger explained that Item #6 of the Staff Report regarding square footage referred to the building coverage and not to the square footage per use. Commissioner Callon noted that at the Committee-of-the-lv~ole meeting, a 10-acre minimum, in lieu of a 5-acre minimum, had been discussed. Staff pointed out that a 5-acre minimum would allow a feasible project, and would more effectively encourage smaller, contiguous par-~ cels to combine for larger planned projects. Commissioner Callon additionally asked whether this addition to the ordinance would place a restriction on ihe size of super markets allowed in this zone, and Staff pointed out that there was already a restriction on the size of super markets. However, it was noted that under this zoning amendment, larger super markets would be allowed provided a conditional use permit was granted and proVid~a"' that the market was part of an approved site development plan. At this point, Commissioner Marshall moved, seconded by Commissioner Martin, that the Planning Commission approve GF-S12 and make the findings in the Staff Report dated Ms-rch 8, 1977 adding to the list of conditional uses within a C-V zoning district "commercial/residential mixed uses." The motion was carried unanimously. B. SDR-1282 - Martinskis & Associates, Madrone Hill Road, 1 Lot - Appeal of LDC Require- ments Regarding Fire Protection; Continued from FebrUary 23, 1977 Chairman Belanger directed that application SDR-1282 be continued to the Planning Commission meeting of March 23, 1977 ~er Staff's recommendation, and referred this matter to the Subdivision Committee and Staff for further review and report. C. SDR-1290 - Lauren Hulse, Mt. Eden Road, 2 Lots - Reconsideration of LDC Conditions Regarding Fire Protection and Improvement of Mt. Eden Road Staff pointed out that the applicant was appealing two conditions imposed on this appli- cation by the Land Development Committee at the time tentative building site approval was granted. Commissioner Marshall requested that this matter be continued~in order to allow the Subdivision Committee an opportunity to review same. Chairman Belanger directed that application SDR-1290 be continued to the Planning Commission meeting of March 23, 1977, and referred this matter to the Subdivision Committee for review. D. Request by George Day Construction Company for Issuance of Building Permit on Lot #11 of Tract #5007 (Located inside Bohlman Road Study Area) Note was made that a Report had been prepared by Staff recommending that this request be denied. However, it was pointed out that the applicant had requested this matter be continued pending discussion of this request with the City Geologist. Chairman Belanger directed that ~his matter be continued to the Planning Commission meeting of March 23, 1977. E. PM-77-2 A and B - Richard Meitus and William Cunningham, Canyon View Drive, Request for Parcel Map Line Adjustment ~!fhough it was noted that this matter had not been formally agendized for discussion, Commissioner Marshall pointed out that the Subdivision Committee had reviewed this re- quest at its meeting of March 8, 1977. He explained that this was a request for a land swap which essentially matched,' to the third decimal place, the natural situatio~ occurring on site. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission grant approval to R~solution PM-77-2 per the Staff Report dated March 9, 1977. The motion was carried unanimously. VII. CO~B-IUNICATIONS '~'~"~ A. WR I T TEN 1. Memorandum dated March 4, 1977 from the City Manager relating the Council's request -5- CO~IISSION MINUTES OF 3-9'77 ~_- V~I. ~ITTEN COmmUNICATIONS - C~nt'd that the Commission act as quickly as possible on implementing th~ Senior Citizen Housing Task Force.Report. The Secretary noted that a report on this matter would be presented at the C0mmission's Committee-of-the-l~ole meeting scheduled to discuss General Plan amendments on March 16, 1977 at 7:00 p.m. in the Crisp Con- ference Room. Staff was requested to.inform Bud Beaudoin, chairman of the Task Force, of this meeting, as well as of the Commission's public hearing scheduled for April 13, 1977 to discuss General Plan amendments. 2. Letter dated February 28, 1977 from McDonald Smith & Associates requeBting that approval be given to Dr. Bittner, 14067 Apricot Hill Drive, for tennis court lights. Discussion followed on this r. equest, with all but Commissioner Callon reaffirming their positions that tennis court lighting was not permitted in the City as a matter of long-standing policy. It was pointed out that a precedent would be set if approval was given to this request. Commissioner%Callon expressed the opinion that she would be in favor'of allowing tennis court lighting within the City if adjacent neighbors agreed in writing to same. Staff was directed to inform Mr. Smith of the Commission's feelings onethis matter. 3. Letter dated February 24, 1977 to Don Burt from Robert van der Toorren, 14555 Horseshoe Drive, requesting that the City grant final building site approval to SDR-1245 and SDR-1259 prior to posting the necessary bonds for engineered improve- ments; and requesting that the deposits for geological review be refunded. It was pointed out that Mr. Burt had explained to Mr. Van der Toorren that bonding for engineered improvements was a routine matter, and was always required prior to issuance of final building site approval. Additionally, he also explained that the City's policy was to not refund geological review deposits until after final site approval had been granted in case a need for additional geological review was re- quired prior to final site approval. Staff pointed out that Mr. van der Toorren had met with the City Manager who advised him of his rights to appeal this inter- pretation to the City Council. Staff was directed to place this letter in files #SDR-1245 and #SDR-1259. 4. Letter dated March 7, 1977 from Wayne's CB Radio Supply requesting that permission be granted to allow him to sell CB radios in a C-N zone. The letter pointed out that he was leasing a shop in the Big Tree Shopping Center on Saratoga Avenue for such a use. Staff explained that such a use was not permitted in a C-N zone, but it was pointed out that a nearby department store, Grand Auto Supply, sold CB radios. In response to a question as to whether Mr. Wayne intended to install said radios, Mr. Wayne indicated that he was not yet sure. It was pointed out that City ordinances allowed for automobile repairs and installations to be conducted only within an enclosed structure. Mr. Wayne was requested to submit-a more detailed proposal of'his intent to the Subdivision Committee for consideration. B. ORAL 1. City Council Report - Commissioner Marshall gave a detailed oral report of the City Council meeting held on March 2, 1977. A copy of the minutes of this meeting is on file at the City*s Administration office. 2. PPC Report - Commissioner Lustig gave a report of the PSC meeting of February 24, 197~, noting ~hat ±~tu~e housing needs in the County was the primary topic of discussion. Commissioner Callon noted that PPC was requesting that eacH"City~'~i~h- in the County review the County Planning Department~s report "Land Use and Economic Concerns" within 60 days. Commissioner.Ca~10~ suggested that the Commis- sion might wish to join the Council in respond~ to th~s report~"';. 2. Note was made that a Committee-of-the-l~ole meeting~to discuss subcommittee organiza- tion was scheduled for March 29, 1977 from 5:00-7:00 p.m. in the Crisp Conference Room. 3. Chairman Belanger ~ressed appreciation to the Good Government Group for serving coffee. VIII. ADJOURN~ENT Commissioner Lustig moved, seconded by Commissioner Marshall, that the Planning Commission meeting of March 9, 1977 be adjourned. The motio~ was carried unanimously, and the meeting _~a~,adj_qUrned.~.9.:3o p.m. sj/sko Marty '~~ -6-