Loading...
HomeMy WebLinkAbout08-26-1968 Planning Commission Minutes (2) CITY OF SARATOGA PLANNING COMMISSION MINUTES TItlE: Monday, 26 August 1968, 7:30 P.M. PLACE: City ·Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Crisp, johnson, Kraus, Lively, Metcalf, Norton, and Smith. Absent: None. B. MINUTES Commissioner Smith moved, seconded by Commissioner Metcalf, that the reading of the minutes of the 12 August 1968 meeting be waived and that they be approved as distributed to the Commission subject to the following changes: page 5. .paragraph 5. .and "page 7. . last paragraph. .should both be changed to read as follows: "A deed restriction shall be provided to the City of Saratoga stating that no tree· shown on a tentative map (singly or in a grove) shall be removed without the approval of the Planning Director. "; page 7. .paragraph 4. .line 2. .insert the word "October" between the words "September" and "therefore"; page 8. .paragraph 5. .line 3. .·change "1968" to read "1961"; page 8. .paragraph 6. .line 4. .replace the word "other" with the word "westerly" between the words "the" and "direction"; page 8. .last paragraph. .delete the complete wording designated as i); and the following change for the minutes of the 22 July 1968 designated as part of Commissioner Smith's motion: pag~ 5. .paragraph 10. .line 5. .insert "and contingent upon the approval of the Change of Zoning (C-115) by the City Council" between the words "report" and "motion"; motion carried unanimously. I!. PUBLIC HEARINGS C-117 - ~ V.S. Company, Cox Avenue and Saratoga Avenue - Request for' Change of ZOning from "A" (Agricultural) to "P-A" (Professional- Administrative) - Continued from 12 August 1968 Chairman Norton reopened the public hearing for C-117 at 7:4~ P.M. ·The Secretary stated nothing further had been added to the file. i -!- Planning Commission Minutes - 12 Auzust 1968 - Continued II. A. C-!17 - Continued The applicant, Dr. Abrams, stated 1) he understood, generally, the thinking of the Subdivision Conumittee 2) the one condition included in the original Change of Zoning (C-43) which required a one year time limit for commencing development caused, in his opinion, undue hardship by causing him to constantly insure that the time limit did not expire 3) he wondered if it ~7~as really going to benefit the City if.improvements would'be made on the property before they are required or needed 4) the improvements will be made when the City's need for professional services increases and 5) in a few years he m~y have to come before a new Planning Commission and City Council ~no do not understand ~at was intended by the subject requirement. Commissioner Johnson stated that there has been quite a radical change in the City Council and Planning Conm~issioner members of late and it is now more important than ever to have all matters on record. Com~issioner Smith stated the Subdivision Committee felt some improve- ments should be made to the property so that some progress is made and the property does not stand idle. The Secretary, in answer' to an inquiry from Chairman Norton, stated it is a policy to have a fixed date for commencing improvements and the applicant may request an extension of time. Commissioner Smith stated that he did not approve of an applicant filing a Change of Zoning for a piece of property and then leaving the property sit for an indefinite period of time with no const=uction and just wait for the property to grow in value. The Secretary read the Staff Report dated 26 August 1968 recommending 'that the.requested Change of Zoning (C~117) be recommended by the Plan- ning Commission to the City Council for approval. No one else in the audience wished to comment. At 7:57 P.M., Commissioner Smith moved, seconded by Commissioner Crisp, to close the hearing relative to C-117; motion carried unanimously. Chairman Norton stated that I) everyone who owns acreage is ~.~iting \ for it to increase in value 2) he would just as soon see the property stand vacant or with orchards intact 3) the owners of the property must still pay taxes even if there is not construction on the property 4) sometimes it is not economically feasible for the owner of the property to build and 5) he has no objection tO the one year condition to commence construction as long as it is treated as it has been in the' past with the Consideration that the applicant can request an extension. The Secretary, in answer to an inquiry from Chairman Norton, stated t~-~t 1) the wording of Condition 1. second Sentence of the Staff Report dated 26 August 1968. .was satisfactory and 2) if necessary the City Attorney could be called upon for interpretation. Commissioner Smith moved, seconded by CommiSSi0ner...Cr~S~.,._that the Staff Report dated 26 August 1968, recommending approval--of-C-117 be adopted and that the subject rezoning be recommended for~approv'a'~.'~"'~he City Council on the basis that the reouest meets the ~b]-e-c'~i~es of the City of caretoga Zoning Ordinance ~S-~ Section 11 and subject to the conditions stated in said Staff Report; motion carried unanimously. -2- Planning Co~mnission. Minutes - 26 August 1968 - Continued II. B. UP-153 - Oster!und EnterpriSes, Shubert Drive - Request for Use Permit for Model ttome Sales Office 'The public hearing was openad at 8:02 P.M. The Secretary stated the~ Notices of Hearing were mailed and then briefly reviewed this file. 'The a~plicant was present and stated he had no further conunents. No one else present wished to speak. The Secretary read the Staff Report of 26 August 1968 recommending that UP-153 be granted. Commissioner Crisp moved, seconded by Commissioner Johnson, at 8:06 P.M. to close the public hearing relative to UP-153; motion carried unanimously. Commis. sioner Smith moved, seconded' by Commissioner Crisp, that the Staff Report of 26 August 1968 be adopted and the'Use Permit be granted in accordance with said report and'subject to the conditions stated therein; motion carried unanimously. III. BUILDING SITES A~ SUBDIVISIONS A. SDR-732 - Franklin Homes Company, Fourth Street and Saratoga Creek - Building Site Approval - t Lot - Continued from 12 August 1968 Commissioner Smith recommended that SDR-732 be continued to the next regular meeting. Chairman Norton so directed. B. SD-759 - Pete Rajkovich, Prospect Road - Subidivision Approval - 112 Lots - Continued from 12 August 1968 Commissioner Smith recommended that SD-759 be continued since it is necessary for the applicant to submit a revised m~p. Chairm~n Norton so directed. ' ............ C. SDR-767 - M.V.S. Company, Saratoga Avenue - Building Site Approval - 1 Lot - Continued from 12 August 1968 Con~missioner Smith recommended that SDR-767 be continued to the next regular meeting to await a report from Flood Control. Chairm~n Norton so directed. D. SD-607 - Douglas Hines, Pierce Road - SUbdivision Approval - 5 Lots - Continued from 12 AuSust 1968 }~. Hines was present and stated I) he did not understand Condition 13 of the Subdivision Cummittee Report dated 26 August 1968 aBd 2) he had already met the requiremen~ stated in Condition 14 of subject report. Chairman Norton explained that 1) Condition 13 is in accordance with the State i_aw requiring that anyone subdividing property be required to either dedicate land or pay a fee to provide for parks and 2) if the Soils investi- gation required in Condition 14 has already been provided it will not be necessary to supply another. The Secretary, in answe~ to an inquiry from the applicant stated tha[ Condition 15 was necessary since the parcel of property in question and labeled "not a part" on the.~ap could possibly lead to the creation of an illegal non-conforming lot. planning Commission Minutes - 26 August ].968 - Continued III. D. SD-607 - Continued Chairman Norton stated that at presen~__there is an a~rs~m~n~ between the applicant and his neighbor.: He chen__inquired what would happen if the agree- .ment. is ~oided in some way. After discussion, relative to the intent of Condition 15, it was decided by the Planning Commission that Condition 15 remain as stated in the Subdivision Committee Report dated 26 August 1968. The Secretary stated that in Condition 15 of the Subdivision Committee relative to SD-607 the wording "not a parcel" should be changed to read "not a part". Chairman Norton, with concurrence of the Planning Commission, directed that the Condition 15 of the Subdivision Conn~ittee Report be so amended. Chairman Norton explained, to the applicant, that the Planning Commission could approve the Subdivision Con~mittee Report of 26 August 1968 and the applicant could then submit a letter requesting that the language used in Condition 15 be amended. Commissioner Smith moved, seconded by Commissioner Johnson, that the Subdivision Committee Report of 26 August 1968, relative to SD-60~, be adopted, as amended, and that the tentative map (Exhibit-"A-5"~ filed 16 August 1968) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-7'7! - Manfred G.. Kahl, Allendale Avenue - Building ~ite Approval - 1 Lot The Secretary, with concurrence of the Subdivision Committee, recommended that Condition II-D and Condition II-H be deleted from the Building Site Co~ittee Report dated 26 August 1968 since these two conditions were not applicable. Chairman Norton so directed. The applicant was present and stated that the conditions of approval, as amended~ were satisfactory to him. Co~issioner Smith moved, seconded by Commissioner Crisp, that the Building Site Co~mnittee Report of 26 August 1968, relative to SDR-771, be adopted, as amended, and that the tentative ~p (Exhibit "A", filed 14 August 1968) be approved suDject to the conditions set forth in.said report; motion carried unanimously. F. SDR-772 - Isaac N. Abrams, Cox Avenue - Buildin~ Site Approval - 2 Lots The applicant was present and expressed satisfaction with the proposed conditions of approval. Commissioner Smith moved, seconded Dy Commissioner Crisp, that the Building Site Committee Report of 26 August 1968, relative to SDR-772, be adopted and that the tentative ~p (Exhibit "A", filed 16 August 1968) be approved subject to the conditions set forth in said report and contingent upon the approval of the Change of Zoning (C-117) by the City Council; motion carried unanimously. IV. DESIGN REVIEW A. A-28i - Dr. John Oliver, Saratoga-Sunnyvaie Road - Final Design Review - Commarcial BuildinS - Continued from 12 August 1968 Commissioner Lively stated that the Design Review Committee met with the applicant and the members of the COmnittee individually reviewed a build- ing with the same gold color tones as proposed by the mortuary and ~ound them quite satisfactory. Planning Conm~ission Minutes - 26 August 1968 - Continued IV. A. A-28i - Continued The members of the Commission read the Staff Report recommending that Final Design Review be granted for A-281. \ Commissioner ·Lively stated that this area will be in the 'C-V Zoning in accordance with the designated zoning for that area unde', the new V-C Ordinance. Commission Johnson, in answer to an inquiry from Chairman Norton, stated that the applicant may not utilize the building on his property if he cannot provide sufficient parking. Commissioner Lively moved, seconded by Commissioner Metcalf, to approve the Staff Report dated 26 August 1968 and grant Final Design approval for · A-28! on the basis of Exhibits ::A-4:' "'.E" and "F" and subject to the· condi- tions stated in said report; motion carried unanimously. B. A-291 - Claude T Lindsay inc Arroyo de Arguello and Kreisler Court - Final DesiSn Review - Subdivision Homes for Pleasant RidSe Commissioner briefly revi~·wed' the file and stated that 1) the one flat roofed house proposed for this subdivision is not shown on the renderingY submitted by the applicant 2) the flat· roofed house will not be .located adjacent to any two story house and 3) the Staff Report, prepared with concurrence of the Design Review Conunittee, recom~ends that Final Design Approval be granted for A-291. After discussion, Cormmissioner Lively moved, seconded by Corm-q. issioner Metcalf, that Final Design Approval be granted for A-291 as shown on .. Exhibits "A", "B"~ '~C", and ':D': and in accordance with the Staff Report · '·. dated 26 August 1968 and subject to the conditions stated therein; motion '· ..... carried unanimously. C. A-292 -· Ray Hoefler, Big Basi~ Way - Final Design Review - Identification · . Si~n Commissioner Lively stated that 1) the proposed sign will replace an existing sign and 2) the Staff Report dated 26 August 1968 recommends that A-292 be granted Final Design Approval. After discussion, Commissioner Lively moved, seconded by Com~nissioner Metcalf, that the Staff Report dated 26 August 1968 be adopted and that .... Final Design Approval be granted as sho~,oza on Exhibits "A" and "B" and subject to the conditions stated in said report; motion carried unanimously. D. A-293 - West Valley Jr. College, Allendale and Fruitvale Avenues - Off-Site Directional Signs Cormmissioner Lively briefly reviewed this file and stated the Design Review Committee made several modifications and a Staff Report has been prepared listing said modifications. ~.'~. Arnold, present to represent the applicant, stated that the modified lay-out presented to him looked ].i!<e one sign was being made to do for two; however he had no objection to the conditions stated in the Staff Report of 26 August 1968 ~ Commissioner Lively stated the Design Review Committee is concerned with the number of proposed signs in the area. Chairman Norton questioned if one sign on each side of the road would be better than one big sign in the median. Commissioner Metcalf stated he preferred that the signs be approved as set ferth in the Staff Report of 26 August 1968 and that if any additional signs are needed the applicant can ma'~e application for them. -5- Planning Cemmission Minutes - 26 August ].968 - Continued IV. D. A-293 - Continued Chairman Norton stated that, he felt, Condition "B" of the Staff Report should be deleted since in his opinion the signs would be too small if this condition were imposed. Commissioner Lively pointed out that 1) some of the signs would be on City right-of-w~y property and some on coIlege property; therefore, he would like Condition "B" to stay in the Staff Report of 26 August 1968. Commissioner Kraus agreed that he was in favor of Condition "B" being left in the StaffReport. Commissioner Lively moved, seconded by Commissioner Kraus, to adopt the Staff Report of 26 August 1968 and to grant Final Design Approval for A-293 for the off-site directional signs and subject to the conditions stated in said report; motion carried unanimously. The Secretary stated that ~. Arnold (applicant's representative) wished to discuss with the Commission the on-site directional signs for the college site. ~. Arnold stated 1) there is certain urgency to get approval for these on-site directional'signs since time is growing short 2) this matter was postponed at a previous meeting to allow time for consultation with the'City Attorney 3) the Con~m. issi~n did grant temporary approval, but it would be expensive to remove the. Signs should the Commission in the end not grant favorable final approval; therefore the college would .like a final approval before installing the signs 4)' the representatives of the college have always tried to cooperate with the requirementsi of the City and 5) some of the smaller signs have already been eliminated. Chairman Norton stated that 1) the Planning Commission was not particularly concerned with the on-site directional signs on the campus bu~ there is nothing in the Zoning Ordinance to cover these type of signs ~.). the City Attorney must be consulted to find out how they can legally p~rm~t them and 3) the temporary approval is indicative of a favorable permanent a p pr ova 1. RECESS AND RECONVENE i Commissioner Johnson, due to a previous committment, left during the recess. V.i CITY COUNCIL REPORT Commissioner Lively gave a brief sumr~ry of items reviewed by the City Council at the meeting of 21 August .1968. One item of pazticular interest was the appointment of Commissioner Kraus to the Santa Clara County Planning Policy Committee. VI. OLD BUSINESS A. Zoning Study of Pierce Road - Foothill Lane Area The Secretary read the General Plan Committee Report dated 26 August 1968 recommending that 1) the area sho~m by the dashed line on Exhibit "A" be rezoned to a higher density zoning district and 2) the Pendergraft (C-ill) and the Gouveia (C-113) Change of Zoning proposals be referred to the Subdivision Committee for specific recommendation on the zoning district most suitable for development of the area. -6- · Plannin~ COmmission Minutes - 26 AuSust 1968 - Continue~l VI. A. Zonin~ Study - Continued' Commissioner Smith stated that the General Plan Committee reviewed this matter and are grateful to the Staff for the exhibits'they prepared relative to this request. Commissioner Crisp moved, seconded by Commissioner Smith, that the General Plan Committee Report dated 26 August 1968 be adopted and forwarded to the City Council as the recommendation of the Planning Commission; motion carried unanimously. Commissionar Smith, in answer to an inquiry from Commissioner Li'vely, stated that the piece of property in this area owned by Mrs. Wilson ~ms not included in the recommendation made by the General Plan Committee since it is not in an area Of legal non-conforming lots. If the Wilson property were rezoned to R-I-20,000 it would subsequently result in higher density in the area. Chairman Norton stated that he would be very reluctant to permit a larger scale rezoning in this area. The Secretary stated that the Wilson prope[ty Was considered in the study and it was decided that this property could be divided into two sites if ~s. Wilson would purchase addition square footage from the adjacent property owners; therefore, cancelling the 'need for the rezoning of this property. Conunissioner Smith read a report prepared by the Subdivision Committee recommending that the Planning Commission recommend to the City Council that they initiate a Change of Zoning to rezone the area designated as Exhibit "A" to R-I-20,000. \ Commissioner Crisp moved~ seconded by Commissioner Metcalf, to approve the report of the Subdivision Committee dated 26 August 1968 and to forward both the General Plan Committee Report and the Subdivision Committee Report to the City Council and recommend to the City Council that they authorize re- zoning proceedings for the property shox~ on Exhibit "A" and as indicated on both reports; motion carried unanimously. B. Tree Ordinance The Secretary introduced the proposed Tree Ordinance and stated that the City Attorney is aware of the subject Tr.ee Ordinance. Chairman Norton, after reading the proposed ordinance stated that 1) In Section 1. .of the proposed ordinance .... some reference should be made about Flood Control and Soil Conservation and 2) the Subdivision Ordinance ezcludes some trees from the requirements of the Tree Ordinance. The Secretary stated that 1) the intention was not to include the trees excluded by the Subdivision Ordinance and 2) in the case of pruen and apricot trees removal is required. After discussion, Chairman Norton 1) directed that this matter be referred to the City Attorney for a final draft to be considered by the Planning Commission at a later date an~ 2) thanked the General Plan Committee for their. efforts in working out the details of the proposed Tree Ordinance. C. Free-Standing Signs ...... The Secretary l) stated that he was unable to prepare a report relative to free-standing signs in time for this meeting 2) recommended that the matter be continued to allow time for consultation with the Design Review Committee and 3) advised that a preliminary opinion of the City Attorney indicated that free-standing signs are allowed. Commissioner Metcalf recommended that the free-standing signs be allowed, but qualified. -7- Plan~in~ Commission Minutes - 26 August 1968 Continued VI. C. Free-Standin% Signs - Continued After discussion, Chairman Norton directed tha't the matter of free-standing · signs be continued until' such time as a report and recommendation is prepared. D. Neale's Hollow The. Secretary stated that the City Council, has requested that the Planning Con~nission make a study of Neale's Hoil w relative to parking, additional o uses, change of zoning, and other related existing problems. Chairman Norton stated it would be futile to grant M~. Neale additional uses under the present zoning . He then referred the matter to the Subdivision 'Committee for study and a recommendation. E. Plannin~ Policy Committee \ Commissioner .Kraus gave a brief summ~ary of the items discussed at the last Planning Policy Committee meeting with particular emphasis on a booklet listing "Alternatives for Planning Policy". He further stated that the Planning Con~mission and City Council would receive copies of this booklet and the Policy Committee would like to know the feelings of the City relative to the items listed.. Chairman Norton directed the Staff, upon receipt of said booklet, to review the items listed and report to the members of the Commission to determine if it should be referred to a Committee for recommendation. Chairman Norton then suggested that hereafter the report of the Planning Policy Committee follow the City Council Report on the ageride. VII. NEW BUSINESS None · VIII. CO!~D~ICATIONS ' ' A. Written i. Win. S. Carnazza - Letter Relative to Gift of Property to City of Sarato~_~a The Secretary read a communication received from Mr. Win. S. Carnazzo stating that he would make a gift of the property described in file C-i12 (Change of Zoning application denied by the Planning Commission on 27 May 1968) to any Planning Commissioner that would permit his child or grandchild to play in the front yard of this property under the present conditions. ' Chairman Norton directed the Secretary to send a reply to ~r. Carnazzo telling him that any offer of gifts to the City would have to be handled by the City Council. 2. SDR-677 - George Col. ey, E1 Camino Grande - Request for Extension The Secretary read a letter received from Mr. and ~rs. jerome Brown requesting a one year extension in connection with SDR-677. The Secretary further stated that after consulting with the City Attorney the Staff will hereafter notify applicants when their application are about to expire. Chairman Norton stated that he noticed a tree had been removed from this property and asked the Secretary to look into the matter.. Commissioner Crisp moved, sec~'.~nded by Commissioner Smith, that a one y_ear extension from current date of expiration, be granted for S" R-877; motion carried unanimously -8- Planning Commission Minutes 26 August 1968 - Continued VIII. B. OFfaL 1. tlle%a! Si~%ns Mr. 'Sam Hernandez, Big-Basin Way, was present and stated 1) he · .. felt that something should be done about the tremendous amount of il!e~Gai signs (such as open-house, house for sale and garage sales) that are showinS up throughout the community' and on the public parkways 2) ti'~e City spent a great deal of money on the improvement of Saratoga Avenue and now the Reaitor's use it for display of their real estate signs 3) businessmen are required to spend a lot of money for signs and are required to conform with the Sign Ordin=nce 4) he felt a program for beautification · '~' of the City could be started by removal of some of these illegal " signs and 5) if the Planning Con~mission did not have the authority to do something the ~tter should be referred to the City Council. Chairmn Norton stated that 1) the most obvious thing to do would be to refer this matter to the Local Realty Board and to inform them of the City Sign Ordinance and 2) it i~ difficult to keep up with these signs since they are up one day and dovm the next. '~. Hernandez further stated that 1) when these signs are on public property the City should remove them 2) he was a business- man and he was not permitted to put his signs on walkways or park- way s. Commissioner Smith stated i) he agreed with the comments mde by ~. Hernandez and 2) he favored stricter sign controls. After discussion, Comnissioner Smith moved, seconded by CoEissioner Crisp, that it be recorded that the Planning Comanission favored stricter control of signs particularly in regard to signs on public parkways~ sidewalks, and median strips and that a letter be sent to the Local Realty Board telling them of the illegal signs; motion carried unanimous ly. 2. GL~STS Chair~n Norton ackno~.~!edged~ with p!easure~ the presence of Councilman Sanders, Miss Moss and i'~-. Bink!ey of the Good Govern- ment Group, ~. Sam Hernandez, ~aratoga business~n, ~. ~rtin of the Prides Crossing i-lo?~.ec~,j;n.ars Association. He, also, than~ ....... · ..... Miss Moss for the coffee served at recess. 3. Best Wishes to Chairman Norton .. Co~issioner Smith, on behalf cf the Planning Co~issicn., extended ~o Chairman Norton best wishes for a pleasant and beneficial trip zo Europe. Respectfully submitted, Staler, Secretarv Saratoga Planning Con~n~ission ..j -9-