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Home My WebLink About01-27-1969 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION · . .. ... . " :' "' ' ' · MINUTES '-"'i-, TLME: Monday, 27"January 1968, 7:30 P.M. .. .... '."PLACE:. 'City' Council Chambers, Fruitvale AvenUe, Saratoga, California .... '.' TYPE :.. Regular Meeting · . . '. · '. I~ RO~INE ORGANIZATION . _-.../l....-....~. Presentl: Co~isSioners Bacon, CriSp, ~aus, Lively, Metcalf, Norton, .. · .L." Co~issioner Smith moved, seconded'by Co~issioner Crisp, that the reading ..~'.'.". '.... ' = of the minutes "of the 13 January 1968 meeting be ~ived and they be approved · ' as distributed to the Co~issiQn.subject to the following change: · . ." ..'.,'..' .... page 2 ~ .paragraph 2.. '.under II. C.. C-121. .line.3.. 'change .. .~ L.. the word "larger" to "s~i ler."; motion carried unanimously.' " .'."='.-.." ='" 'C~ =. E~CTION OF OFFICERS "..~.. j'.' j"../..-.. .. ·~.. · Chai~n Norton opened nominations for officers for the year of 1969 ." "-.-" '= . and expressed his pleasure at the acceptance of another appointment " ~" '-'~ '."?"" "'~"" to the Planning Co~ission by Co~issioners Bacon, Lively, and Co~issioner ..j..... .... ..?... ..'.Crisp ~o is the only Original member of the Planning Co~ission still .. . ..-.. .. serving. · .' '-""....'Co~issioner '.Crisp nominated Co~issione'r Norton as Chair~n of the .. -'.z ... "' ".= Planning Co~ission for 19~9. Co~issioner Smith moved, seconded by .... ..~ .... Co~issioner Crisp,· that nominations be closed; motion carried ~th .. . .Co~Ssioner Norton abstaining. I~ ~s moved by Co~issioner Crisp · '... ..' ... and seconded by Comaissioner Metcalf that the Secretary be directed · .' .. .'-. to·record a u~nimous ballot for C6~issioner Norton as Chairran Of ............ . "..." ". -.~ the .Comission for...1969r; motion carried "~h C0~isSioner Nortonl ............ ~%s'tai "' .. ~ ning. . .. .. ".~"~ '.'..' "."'f,'.. .'Co~issioner Crisp nomi~ted Co~issioner Lively as Vice-Chairmn of .........'..~..'.." ." .' .' the Comission for 1969. 'Co~issioner Smith moved, seconded by ......... Co~issioner Crisp,· that nominations be closed; motion carried with ...... Comissioner Lively· abstaining. I~ ~s moved by C0~issioner Crisp ' ~'f.:':--"l..."'-' """']'and. seconded by Co~issioner Metcalf that the Secretary be directed "' to record a unanimous ballot for C0~issioner Lively as Vice-Chairmn .. ... of the Comission for 1969; motion :,carried with Co~issioner.. Lively · ... . . ;. ·abstaining. "'~'.,. CoEissioner Crisp nominated Stanley M. Walker, Planning Director " ... = 'as Secretary of the Comission for e1969. Comissioner Smith moved, .'... seconded by Co~issioner..Crisp, tha%t nominations be closed; motion ' .' carried .u~nimously.. It ~s moved by Co~issioner Crisp and seconded .' by Comissioner Met·calf that the Secretary be directed to r~cord a · . unanimous ballot for 'Stanley M. Walker as Secretary of the Co~ission " .... for ·!969·;' motion carried u~nimously. . '-..'.z.~l..~.?~r.'.'. ~ ~.'.... ·" ' ~ .' .. · ... f ..'.:'.....~'.' j.'-... ..~ .-1- ~ ., . . · .. .. .'... .. · ' .. ~ ..i... '..' ..... '.~ - · '.".' "' ..l'.' . '. .. _... ... f.:.......'.~. . ".· · 'Planning .Commission M es'-'27 January 1969 '- Contin .~ '.i. C. "..ELECTIONS' - "Continued .. · ""' """" ""'~"' '.' Commissioner C~isp moved -seconded by Commissioner Smith that the . .' '.~ "' "L'; "'- ....Commission express its' appreciati6n for the services rendered in the '. ...."' ....~.'.~.i'.~..~........'past year by Stanley M. Walker. Planning Director Gary Bonfiglio .~'.'...,...i.! Assistant Planner, and Joan ~ ' , ' ' ' ..... oher'Recording Secretary; motion carried ...:..: ~. ."unanimoUsly.. . ' '..' "II .' PUBLIC HEARINGS · · . · ....... ,.. ".": .. "" '-.'=: c'.]i./!.' ...'/"~.=. " · · '.' "' ' · 'L'.'....-. '....'A.'.. west 'vail'ey 'Baptist Church - Informal Hearing - Request that Churches "'.z'!"':~'... .. . .... " .. be Added as Conditional Use in the' "C-N" .' .....':.". .' ". .... · (Neighborhood-Commercial Zonin~ District) ...... "' Chairman Norton 0pened..the discussion by briefly ~eviewing this request. ".'.' '.'.'.im.'~":""..'.' .' '. ]..z..... The 'Secretary stated that as far as could be determined the reasoning .... .'. .... :"'....",....' .... .behind. excluding churches' from the commercial areas ~ms that they were "' L'. ".... .... .": .'.!. ~'.. more oriented towar'd r'esidential. environments. ' ..'.." ~'-?~.": 'z".-'.'. ".. z' . . ". ~, . · " ..."'..L:~....'.".,.":'" No one in. the affdience wished to comment. · '.."..""." ..... ' .... ""] '.: '=""" .... The' Secretary read the 'Staff Repor~.t dated 27 January 1969 recommending .......] ....... ;..m.........Z" 'that' the subject request be de~iedI. · . ""' ' ."" ".'~ "" ' ' 'i · ..' .'...'~ .'."...... '. Commissioner Lively stated 'that 1), the last several times churches have.~ ' =-·... '. .... approached'the Planning Commissio~ their requests have been denied 2) the' · '. · :.'" ...'.." ... "granting of"this request for a chu"rch in a "C-N" (Neighborhood-Commercial) .. :i "' ..... .". "'. should be considered carefully· because parking could be combined with the " ' ' adjacent commercial parking and 3): it seems' that churches in a commercial ."' " ~. area would be more desirable 'than Ztheir location adjacent to residential areas, ..-... ... . '.-"..' Chairnmn Norton explained that' thei City Attorney indicated .it would be " '.. .'" ../'.' undesirable to add uses on a temp6rar'yy basis as would be the case if · .. '..'../.':.'....". this request were .granted. . .'....' " .... .' The 'Secretary stated that 1) churches demand'at ·least two to three acres :.' ..." of property and 2) .the subject pr. bperty was 'originally of the required .... · .'.. "'....'....~. size, 'but the Richfield Gas Starlob has taken up a portion of the property -..E '/ .:.'~ that once was used for Church purposes." .. !.:"". CommiSsioner Lively stated that' if~ this use is :not added to the "C-N" .... ."":.. '.' . Zone at 'this time .the next 'time a ~hurch comes before the Planning ..........- 'Commission with a 'proposal to locaee in a residential district the :". residents will protest on the basi~ that if' churches are not permitted "'.' in a. commercial' area :'~h~y.~'Z'shoU~ld!:hot be allowed in a residential zone. · .Comanissioner Crisp stated that the. Planning C6mmissi0n has never denied a Use Permit to a church...when. the ~ize, traffic, .safety, and parking ' requirements were met .... · " CommiSsioner Smith moved, seconded .by Commissioner Crisp, 'that the Staff · ., '·Report dated 27 January 1969 be adopted and that the ·request that churches ..." be added as 'a conditional use in the "C-N" (Neighborhood-Commercial District) ....%! ..... " ... : .be denied since'the. findings necessary under SeC.tion. 14.1 cannot be made; · . motion 'carried.." ..L'" .... · . .. B. A,YZN'DM~NT TO ZONING .'ORDINANCE NS-3 - Amending Article 3 in Relation to : · .... L '. · Minimum Site Area of Minimum Access '. Lots and Amending Article 10 Relating .... .. .. to Free-Standing Signs - Continued · '. . .. : .. , from 13 January 1969 · . " 'Chairman' Norton re-opened the hearing at 7:50 P'oM. ... .. The Secretary 'stated that .in Secti6n 3.. .Item'b .... last line.. . "..' should read ."of frontage of the. site." · " """' :......"~' . ' .. . . . ." "' · · '.' " - .m .... · -2- .-..-,.,..:~ .......7-,.....~-?....,- .....~......~ .......~' ............. .......-: ................: .....~ ................ ............'~ ......: ........................... . .. ........ · .- ... ,, PlanninM Commission Minutes - 27 January 19.69 - Continued II. ·B. A~NDMENT TO ZONING ORDINANCE NS-3,- Continued · ,' ·'!'·'· Commissioner Metcalf stated that 1)' this amendment does include the area · 7' ·. ··· total for the Master Plan in the total area allowed so that an individual · . '.· .- · .···that·wants a pole sign must realize that the larger ·the pole sign the smaller · · "the sign on the building will have~to be 2) it also required that the pole · ·· ·signs meet setback requirements and 3) any existing pole signs must be re- .....: moved within 'ten (10).years'from the date of efe~tion of the proposed amend- .. ment. ~" " '.'.~" .. 'Commissioner.Crisp stated that som~ 'signs have been in Saratoga for twenty (20) -'.' 'i"':" years.and he.did not think that 'th~ owners would agree to taking them down .-. 'on short notice. Commissioner Smith suggested that five additional years be allowed for removal of the pole signs. : "' "' Cbmmissi.oner'.Metcalf recommended tha~ the proposed::amendment state that · . .... "if a .sign has been in existence for ten (10) years.f..b~gore'da[e'of'~mend_' .... ment an additional. three years shail be added". "' .' "" :'.-':." Conunissioner Bacon'stated that he felt removal of the signs is the important · .. thing and that the time allowed is'of secondary importance. ..." .' '.~'- .. .' ' : ' :.. ".'.. Commissioner Kraus stated..~hat he felt it was important t'o stop new polef " .... .. signs from going. up. "" .After' discussion,' Chairman Norton ~ posed that the proposed amendment to ro the Zoning Ordinance be amended asZfollows: .:... " .. "Section 2:. .paragraph 3.. .line 4.'..insert the · "' :' .:.~.......:.'.'.... word "'effective" betweeh the words "the" and "date"; '.. ".;: " d'ele=e the words "'the" and "within'! and insert the · '. .. word "this'~;' and add the following as the last sentence .. ..' to'.aforementioned pgrag~aph: .'... "Signs in existence for ~more than ten (10) years at the · .. · effective date of this amendment shall: be removed within three (3) years'after'that date unless sooner outlawed by Section 15.9." : 'Commissioner Crisp stated that he'.d[id not feel that the subject amendment ·iS an enforceable one, particularl~ where a §ign has been in existence for · .. twenty (20) years· .' i.' ;... At 8:i2 P.M., Commissioner Smith moved, seconded by Commissioner Kraus, to .close'the public hearing;"motion carried unanimously. .... Co~missioner.Metcalf moved, seconde'd by Commissioner Smith, that the proposed ..' amendment to Zoning Ordinance NS-3 ~elative to minimum access street lots and · free-Standing signs be approved and' forwarded to the City Council as the recommendation of the Planning Commission; motion carried with Commissioner .'.Crisp abstaining.. C."UP~161 - George W..Day, Via Monte and Via Arriba - Request for Use Permit .to Allow a Model Home Sales Office - Continued from 13 Januar~ 1969 .. The..hearing for UP-161 was resumed' at 8:15 P.M. The Secretary read a petition · ...with (102) signatures filed in oppoSition.to the request for a model home sales :... office.on Via Monte and Via Arriba.! -3-~ · . .....'.".. ...z. ..... .. · ~ Planning Conm~ission Minutes - 27 January 19~9 - Continued · II. .C.": ~P-161 - Continued .."".".Mr. Vin~e Fasso, representing applicant, stated ·that 1) a model home '~'..;.'.'...'....... sales office is necessary in this ~rea in order to sell the lots in the · ... "subdivision'2). the Use Permit forzthe existing model home sales office · .on ·SaratOga Avenue expires this da'~e (27 January 1969) 3) it will be a · .. ]' '~.'.'.very unsatisfactory situation if there is no place to take the customer .'...' 'L'to'discusSthe purchase of·these l~ts and 4) the proposed model home .. .:..- ··sales office 'is."illuminated to disbourage vandalism since a robbery has .... · OccUrred.' " "' Mr..Wm'L.Patsuris, 133'25 Via MadronaS stated that 1) the model home sales office is already in use'and 2) the sign advertising open-house has been ..-:' . · ' on d iSp lay ..... .... ':'.' "" "" Mr. Sehoreder, 19'425 Via Real,' stated that 1) it seems the applicant has · "'-" '- .ignored'the'Planning Commission directlye not to use the subject house '.' .for a model. home sales '.office Until a Use Permit is granted 2) the resi- .z... dents of the area.would not be as Upset and so strongly opposed to the sub- ""' ':. ject request if the applicant.had ~emonstrated better care of the entrance .. '~! ." ." to the existing Subdivision. and had shown some consideration to the neighbors '. .... ' '.by using.some restraint when illuminating the entire house. "'Chairman.Norton stated that, 1) th~ Planning Commission must consider ~he '.". ." L. welfare of the entire community and 2) there has been a lack of cooperation · ..from. the.appliCant. in conneCtion'with this request. .... .. L. Ruth Zanger, 13313 Via Madronas,.stated that 1)' she understood that there were Sixty-five (65) lots in the area and they have sold. twenty-five (25) .7: .."" '.'of them 2) she wondered how they Sold the lots without using the requested · L- model home sales office 3) she felt the sales office should be located -. .' where'the lots are located and thi~ would exclude Via Monte '.z · .-...' ..~s..Patsuris, 13325 .Via Madronas,.stated that 1) a"fri'~nd of hers was taken ............. ....'..l...'i.to the proposed model Sales office (after inspecting several lots in the sub- ::.. division); 'so the applicant has.been using the model home in spite of the · " "fact 'that he did not .have a use Permit. to do same. · ...' ~s. Patricia'Rung~ 13324 Via Madr0nas, stated she still felt that traffic .. "..... would be'a problem and the'parking.would not be adequate. On the basis of.'the foregoing she .urged the Plapning commission to deny the subject request . · ' Commissioner. Smith stated that 1) !at the last meeting there was some dis- ':' Cussion about acquiring property f~r a parking lot, but as it turned out no lot. is available for this purpose 2) it would be illegal to specify a .parking lot in a residential distr~ct 3) the lights used by the applicant · to illuminate the house are definitely objectionable"'!and 4) a Staff Report · ' has been prepared and the Subdivision Committee' concurs with. the recommendation 'made therein and..~5) nothing brought.up at. this =ime".changes the content of the 'report. The SeCretary 'r'ead the.Staff Report dated 27 January 1969 recommending that ~..'the request made in connection with UP-161 be denied. .. At 8:33 P.M., Commission Crisp mov&d, seconded by Commissioner Lively, 'to close the hearing relative to U~-161;.,motion carried unanimously. 'Commissioner Smi'th moved, secondedZby Commissioner Metcalf, that the Staff "' sales office o a n e s r e · .' Section 16.'6 of Saratoga Zoning Ordinance NS-3 cannot. be made for reasons .. '.stated in said'repOrt; motion carried'unanimously. · '." -4- .. , .......... .......~ ...........~ ......: · .. ~ ............. = ...~ . ... ,. . . o . ~_ '.'Plannin~.'Commission ~ - 27 january 1969 - continu i I!.. D...-uP-162 - st. Andrew's Episcopal Church, Crestbrook Drive and Saratoga Avenue ~."'..,.'.. .. Request. for Use Permit tO.Allow a Basketball Court - Continued from ~ .... '- · Chairman Norton. re-Opened. the hear ing "for UP-162 at 8:35 P.M. The Secretary !. .. ..-. .." briefly reviewed this file and stated that no new communications had been '. ~' ." The Secretary read the' Staff Report dated 27 January 1969 recommending that ...... .=...'.'.'. the subject request for a basketball court be granted. " .' ...'.'...Commissioner Lively stated that..perhaps a condition restricting~iighting~ ...... should'be added to the report.. ."~/'i~".".'.'.'j "'.' '. 'j, . . Reverend Emerson, 'present.. to represent the applicant, stated that they do ..-L ........ · not intend to 'install any type of' lighting on the proposed court. ... .L' . '. Commissioner Crisp moved (8:39 PiM.) seconded by Commission Bacon, to close '..' · the hearing 'relative to b~162;' mqtion carried unanimously. . ...... 'CommiSsioner .. Smith moved, sec0nde~ by Commissioner Bacon that the Staff · .. ... Report dated 27 January 1'969 relative to UP-162 be adopted and the request for a basketball court'be approved subject to the conditions stated in said · .. report;. motion carried with Commissioner. Metcalf abstaining. .. '. E..'V-322 - SaCred Heart' Church, Saratoga Avenue - Request for Variance in ... ... Connection with Bell ToWe~' H~ight Requirements ".' 'The public hearing relative to V-322 was opened at 8:42 P.M. The Secretary st'ated the Notices of Hearing were mailed and briefly reviewed this appli- · . cat ion. , · . ..... william L. Duquette,.architect, pr;esented a model of the proposed church and' · '.. stated. that 1) some of the trees !in the area are almost as tall as the pro- " posed bell tower 2) the bell tow~'r will be constructed of steel and 3) the ' tallest' building.on the property Will be 35-feet high. 'Chairman Norton. closed the hearing. for the evening at 8:48 P.M., directed V-322 continued to. the next regular meeting and referred same to the Variance Committee for study. · ; Commissioner Crisp, on behalf of the Variance Committee, arranged for an appoint.ment with the arChitect~to meet at.9:00 AoM.,.Saturday, 1 February · . 1969~ He further arranged. with the architect to bring the model of the ... "' prOpoSed and' existing buildings(shOwn to the Planning CommiSsion earlier). III. BUILDING SITES AND SUBDIVISIONS A. pDR-796 -.A.L. Hanson, Dolphin' Drive - Buildin~ Site Approval - 1 Lot " ..... The Secretary stated that the appl{cant has reviewed the proposed conditions · " 'of approval and has expressed satisfaction of same. ..... . Commissioner .Smith moved, seconded~by Commissioner Crisp,. that the Building 'Site Committee Report of.27 January 1969 relative to SDR-796 be adopted and .that the'tentative map (Exhibit '~!', filed 9 January 1969) be approved sub- ... ....ject..to the conditions set forth.in said report;motion carried unanimously. · ' -5- -' .7 ..'. .~. ". · Planning Commission MinUtes - 27 January 1969 - Continued ; · IIi~ B'i'i. SDR-799 - L. R....GuiSt',.Belna'p DriVe - Building Site Approval - 1 Lot ....... ..... C0mmissione~ Smith explained that' this application is a re-file for SDR-'697. :." . 'i'The Secretary stated that the appiicant reviewed the proposed ·conditions ': ..i'- :'.' of approval and expressed satisfa.ction of same. · Commissioner Lively stated that on the map showing the proposed location "' ~'"-~: ...... Of. the residence it .would appear that a number of trees will have to be · '. :. removed. .. '. After discussion, 'Chairman Norton~referred SDR-799 to the Subdivision Committee and directed same 'continued to the next regular meeting in order to study .further the trees Shown on the tentative map. ....... " C.' SDR-798.- M."H. quickerr Road - B~ildin5 Site Approval - 2 Lots . . : " ..... " Commissioner Smith' explained that :.the conditions of approval have not · ...' .,. · been prepared. since the 'Staff has ibeen unable to get up. to the site .: ". because of. the weather; .therefore; the matter is recommended for · ~ · · continuance. ' "' " · Chairman' Norton so directed. ' i "' ' .- , '. D. SD-797 -.Osterlund Enterprises, S~ratoga-Sunnyvale Road - Subdivision '~' · .. · .... '. Approval - 38 Lots " "" The Secretary stated that 1) the.iold house on the subject property was ":.' .'.":'.. .- built .by Mr. McGuire in 1890 2)~ Mr. Peck of the. Historical Society "' ' '. 1' .will check to see if the building ihas any historical signifigance and ... "3) the applicant has reviewed the proposed conditions of approval a-nd ...'. 'expressed satisfaction of same. ',' .. '.'..".:. Con~aissioner Smith recommended that Condition 5 ..... of the Subdivision .... · .-'.. ': .: Committee<Report dated. 27 January ;1969 relative to SD-797 be' changed :' . .. .. '.. 't0 read: .. · ' "5. No .direct. access "allowed onto Saratoga-Sunnvale .' .... .. !. .. Road for' lots bordering :that road." .. ...! ..!.-'.:..:.... .' Con~rnissioner Smith moved, seconded by Commissioner Crisp, that the Sub- division Con~nittee Report dated 27. January 1969 relative to SD-797 be '... .,..: ... adopted, as amended, and that the 'tentative' map (Exhibit "A", .filed .... '... :;. "' ..'-14 January 1969) be approved subject to the conditions set forth in said ' · .' .... .-~. "....report; motion carried unanimously. ......... : .. ~.' E. sD-759 - Pe'te Rajkovich, Prospect !Road - Subdivision Approval - 112 Lots · "" - Continued 'from 23 December 1968 Chairman Norton, in answer. to an inquiry from a lady in the audience,. stated · ' . ..that Surrey lane would not. be extended as part of this subdivision. ." Mr. larry Schott (engineer F~cKay .and Somps) stated that 1') he and the -. applicant .reviewed the proposed conditions of approval and would like ..~ ' .to request clarification of. Condition 7 and 2) the State Highway Depart- .-. " .' merit will eventually take a portio:n of this property and 3) the City of .. ... ".'. Saratoga Engineering Department had indicated that an additional widening .-. . ... .... of. Prospect Road will'be' neCessary.before construction of the freeway is · . realized. !. : · . Conunis sioner Smith 'stated that 1) '. the Subdivision Committee met with the " . ."' ..... .applicant and explained to him tha'.t,,dedication for street purposes as stated '.-.. .... il in 'the Subdivision' Committee Repor:t dated 27 January 1969 are required:" ". - ·: 2) if the applicant does not agree to the dedication and improvements required 'it should be' suggested that he can appeal to the City Council ,.. '. ... '..'and 3). it was mentioned that the."applicant could request reconsideration ........... ". but after extensive discussion it i. was decided that the Subdivision Committee · ' .". '!'. '.'. could 'not :alter' their original rec:ommendation'.'. ..... .-' ........... .... .. .-.... . '..'.." '7'.. '. ' ' '7.'.'.:" .' '.'.'. "'~'.' ...: '.."~ :'."','.' · '! .........j · ' ...... "" "'":"': '/,:..::.... ........, '.'..': :"_...,, '.'':...:..:-_ ..... · ........................::.,,:.l,'.::l..'....lj ..........i ................................ ...............: ...................... ... . ~. :. .. : '... ~....................,..... .. . '. .. .: ... ... .... ...... 7. . '. Plannin~· CommisSiOn Minutes -· 27 January 1969 - Continued "' ": .... Cha'irman Norton stated that he was inclined to agree that 1) the widening · '/".""".:'...'".' 0f PrOspect Road would be necessary. sometime in the near future and 2) with .....r'.:..i.-.~."...~ the' recommendation made.by CommisSion Smith that the applicant'appeal tO ~h'~ ......... .-· City. Council for reconsideration of the required dedication and improvement · '-~ ..... CommissiOner Metcalf stated that he felt the Planning Commission should "'.~ .'. .' not comme~f on any recommendation' to the City Coundil at this time since if "~...." ~ the free~y 'is not' realized.jthe.~ppl~Ca~t will 'still'have the duty of seeing. 'that. ·the str~tl 7improvements are made. · · .... .· Chairman Norton Stated the· dedication and-improvements are required in the "··'· ~· . 'SubdivisiOn Committee Report date~ ·27 January 1969 and so there probably :· ··; ·.· !·is no need to make a recommendation to the City Council since the Planning · : . Commission. has done their duty by! requiring said improvements. "" .CommiSSioner Smith. stated that it! is not the Planning Commission jurisdiction to impose any other cond'itions than the ones imposed in the Subdivision · .,.... :.'. 'Committee Report dated 27 January: 1969.. Chairman Norton instructed the. SeCretary to state .... (if asked by the City. .,... Council) that.the Planning CommisSion has no' objection to the applicantf. · "'.. .. discussing this matter and reachihg.some other agreement with the City :". ' C ounc i 1. ""." .'.i . -CommissiOner Smith moved, seconded by Commissioner Bacon, that the Sub- ."-.. division Conmlittee Reportdated 27 January 1969 relative to SD-759 be ,. adopted and that'the tentative map (Exhibit "A-i", filed 20 January 1969) ....be approved subjeCt'to the'conditions set forth in said report;. motion carried unanimously. ..'.. RECESS AND RECONYENE IV. DESIGN REVIEW. .' A~' A-302'- M.V.S. Company, Saratoga Avenue - Preliminary Design Reivew - · . ...'Apartment Complex - Continued from 13 January 1969 Commissioner 'Metcalf briefly reviewed this .application. "The ASsistant Planner read the' St~ff Report dated 27 January 1969 recommend- " ing that A-302'be granted Prelimi~ary Design ~pproval. · · . . . .. Dr. AbVams, applicant,.was present and indicated that the conditions stated ..in said report were acceptable . i -. " 'Chairman Norton suggested that the words "and sound proofed" be added · . to Condition a) of the Staff Rep6rt. Commissioner Metcalf moved, seconded by Commissioner Kraus, that the Staff .." .. Report dated 27 january 1969 be adopted, as. amended, and Preliminary Design Approval be grant'ed for A-302.'for;an apartment.complex as shown on Exhibit "A-i" · . . and subject'.to the conditions stated in said report; motion carried unanimously.. B. A-304.- Sacred Heart Church, Saratoga Avenue - Final'Design,Review - Church .. ... Building '... .-~,.'2 i' Commissioner Metcalf recommended that this application be continued to a~rait action on V-322 w~ich is pertinentito this application.. . Chairman Norton so directed. · ... " ...' " -7-[ .' ..' . . . .. ! · . ..~ · ...~. .'.. ~lann~nS ComniSsi0n Minutes '- 27 January 19'69 - Continued VI..' C. C-i06~-' ContinUed' Con~nisSioner Smith moved, seconded by Commissioner Crisp, that the Staff Report of 27 january 19~69 be adopted and that the revised site development plan (EXhibit "F", filed 13 January 1969) be approved subject to.the cond£tions stated in'said report and for- " warded. to the City. Council for approval; motion carried unanimously. D.. Flood Control and Water Distr~ict - Abandonment of Easement - Continued :' " " ""' from 13 January 1969 " " 'The' Secretary explained that !the Department of Public Works has not · ' : yet submitted areport relative to this matter. Chairman Norton, in view of the foregoing, directed the matter continued to the next regular meeting. . · El Ticket 'Form for Ordinance Violations The Secretary explained that .the feasibility of using a ticket for Saratoga Zoning Ordinance Violations has been discussed and a form has .now been obtained from th'e City of San Jose. Chairman Norton, after reviewing said violation ticket, stated that' some revisions would be reqUi~ed. .. The. Secretary'stated that .1) ithe City Attorney will revise ticket to suit the needs of the Cityl of Saratoga and 2) the City Code alreadydoes provide a provision for issuance and .enforcement of said tickets..and the Staff wi=ll report further on this matter in the near future. G. Park and Recreation Policy on] Pathways " The SeCretary stated ..that the' Park and Recreation.'CommisSi0n has"~0m~'~ith a '. "' policy on pathways. '~He then recommended that the""S~Sdivision 'Cgmmittee be the liason between th~'P'ianning C0m~ission and Park ~nd Recreation Commission on this matter.' .. Commissioner Smith stated that the Park and Recreation Commission will receive Building Site and Subdivision maps for study and they will in turn report to the Subdivision Comittee. Commissioner Crisp stated tha~ the Franklin Homes (SDR-732) and Stoneson ." Construction Corporation and John Rodrigues (SD-733) should be given ·. immediate attention. .. After discussion, Chairman Norton referred the matter to the Subdivision · .. Committee for study. VII. .NEW BUSINESS None V I I i.' . COFL~,~iCAT IONS A. WRITTEN 1)' Arthur B. and Mzbel M. Willson, Saratoga Avenue - Request that the orientation for the apartments proposed by .- .. .. ~ Saratoga Foothills Development Corporation · · ~ (SDR-764) be revised 'The Secretary read a cor~nuncation received from Mr. and ~s. Willson (owners of property adjacent to Saratoga Foothills Development) request- .. .. '.. t.ing that the location of the proposed apartments be reconsidered. · ' i .... . ... " -9~ ...... . .................. ......... ....... ..................... ; ...................... ........................ " .. .. . ; ...!. ..' '.... '. .. ..... Piannin~ Commission Minutes - 27 J~nuary 1969 - Continued VIII. A, '.1) Will'son - ContinUed": · ~ '. ..'. Chairman Norton stated that 1) the City did not have the ". ..- authority to re-open a~d add any new conditions to this.file '.' """". and 2)' the most that 6an be done now is the Secretary can con- .'.' ... .'.. ."~.,' tact'.~t~ Saratoga'.Footh~lls people to see if they would be " .. ... >."." ... .agreeable tO any changes. He then referred the matter to the .. ~. ' 'Design Review Committee for study. C-il0.-Franklin Homes Company, Fourth and Springer - Request for Extension .. ". The SeCretary read'a' letter received from ~. Dave Franklin "l" '. 'requeSting a six.(6) m6nth extension, ... .... "' " Com~issioner Smith sta~ed that the Subdivision Committee did .. ' .... .meet with the .applicant and advise hi~ that the SUbdiVision "'- '.Committee did not favo~ extension for Change of Zoning appli- .... ' .'.. . .=cations but would recon~.end this one this one time, but beyond > '.. this point the Subdivision Committee would be quite skeptical " abOut.any further extension. · . -. Chairman Norton stated zhe agreed with Commissioner Smith; however, .'." the money market has b~en difficult, "'" Commissioner Smith mo~ed,' seconded by Commissioner Crisp, that '..i. the Staff Report dated ~27 January 1969 relative to C-110 be · ' ~' ~ . adopted and the request for a six (6) month extension be approved '..>' and forwarded to the C~ty Council'as the recommendation of the ~ .. Plannipg Commission; m~tion carried unanimously. .. '. 3. 'SDR-704 - L. J. Cass~ ~llendale Avenue - Request for Extension · " The Secretaryread a le;tter received fromMr. Cass requesting · " a one (1) year extensioh for his property on Allendale Avenue. .. ' . Commissioner Smith'move~, seconded.by Commissioner Cris~ to .... ..... .grant a one (1) year extension in connection with SDR-704; motion ' · carr led unanimous ly. · ' .4', Connnuncation from Saratoga Chamber of Commerce re Signs " "1 'i". The Secretary read. a co~amunication received from the Saratoga Chamber of Commerce relative to t'he ordinance enforcing removal of signs. which do not conform with the Zoning Ordinance of the City of Saratoga. The Secretary then stated that he did not know if this i'etter was.~it~en in reference to the amendment to the Zoning Ordinance proposed and discussed under II. Public Hearings - B. Amendment to Zoning Ordinance NS'3 of the agenda for this meeting, Chairman Norton directed the Secretary to for~m~d'the letter to the City Council together with the proposed amendment and advise them that the letter was not~formally considered in conjunction with the ... proposed amendment. ~ 5. C-81 - Paul ~[~sson,'Saratoga Avenue - Request for Extension · .,'. The Secretary read a conununication received from ~. Tom Leong, Production Manager.for ~aul Masson, requesting an extension for C-81.' · ... .After discussion, Chairman Norton referred the matter to the .. Subdivision Committee f~r study and a recommendation. -io .·Planning Commission Minutes - 27 January 1969 - Continued · ' VIIi. 'A'.' 1) Willson - Continued .···· ··.'· Chairman' NOrton stated,· that 1) the City did not have the .... · ··· authority to re-open and add any new conditions to this file ; .... ... . and 2) the most that Can be done now is the Secretary can con- ! . ":: tact-:t~ SaratOga· .F0oth~lls people to see if they would be i '... i "." ." .. agreeable to any changes. He then referred the matter to the ~ Design Review Committee.for study. i .... ' ". ~= '.' "2) C-110 -Franklin Homes Company, Fourth and Springer - Reouest i. for Extension , The Secretary read a l~tter received from F~.. Dave Franklin requesting a six (6) month extension.· Commissioner Smith sta~ed that the Subdivision Committee did meet with the applican~ and advise hi~' that the SubdiVision '-.' '.C0m~ittee did not favo~ extension for Change of Zoning appli- .. cations but would recc~,n?_mend this one this one time, but beyond · this point the SUb'diviSion Committee would be quite skeptical about any further extension. · .·· Chairm~n Norton s'tated ~he agreed with Commissioner Smith; however, .. .·'.'.. ... the money market. has b~en difficult. ..' · '.. ...'/ "' CommissiOner Smith moved,' seconded by Commissioner Crisp, that · . the Staff Report'dated '27 January 1969 relative to C-110 be · .: '.:! . .. . '.. . : adopted and the request for a six (6) month extension be approved .and forwarded to the C~ty Council. as the recommendation of the .. " ' Planning' Commission;' motion carried unanimously. '3. SDR'i704 -"L. J, Cass, Kllendale Avenue - Request for Extension .. · ' ':' The Secretary read a le;tter received from Mr. Cass requesting .'..~ .... a one (1) year extensio~ for his property on Allendale Avenue. Commissioner Smith move~, seconded.by Commissioner Crisp, to grant'a one (1) year ex:tension in connection with SDR-704; motion carried unanimously. '..' 4. Com~uncation 'from Saratoga Chamber of Commerce re Signs · '.-. The Secretary read.a communication received from the Saratoga Chamber Of Commerce relative to t'he ordinance enforcing removal ...." of signs which do not cbnform with the Zoning Ordinance of the .... ... City of Saratoga, The Secretary then stated that he did not know .. if this letter was ~.~itten in reference to the amendment to the · 'Zoning Or'dinance proposed and discussed under II. Public Hearings · ' -' B.. Amendment to Zonihg Ordinance NS~3 of the agenda for this ... meeting. Chairman NOrton directed the Secretary to for~d the letter to the · .. City Council together with the proposed amendment and advise them that the letter was not!formally considered in conjunction with the proposed amendment.. · . · 5. C-81 - PaUl Fmsson, Saratoga Avenue - Request for Extension · .. '. The Secretary read a communication"received from Mr. Tom Leong, Production ~nager for Paul Masson, requesting an extension for ' C-81. · ····· After discussion, Chairman Norton referred the matter to the · Subdivision 'Con~nittee for study and a recommendation. '· -10- P!annin~· Com=nxission Minutes - 27 January 1969 - Continued VIii.· A.'~,/RITTEN - Continued · · 6·.· Direct Realty Sales Office~r Request to ~a~d Real Estate Offices to :"P-A" (Professional-Administrative) Zone · · ·The Sedretary read a letterSreceived from Mr. Ed Kolstad (Direct Realty Sales Office)· requesting that Real·Estate Offices be added as permitted or conditional uses in the ~'P-A" (Professional-Administrative) Zoning · ... District.· SIr. Kolstad was present and;stated that he felt Real Estate Offices were · similar to Insurance Offices which are permitted in '~-A" Zoning Districts. Chairman Norton stated that.l) it seemed Real Estate Offices should origin- ally ha~e been included in ~he uses fo~ '~-A" (Professional-Administrative) Zoning District and 2) ·perhaps,· an additional sheet of uses was lost somewhere and never.got into the ordinance. · · ·C0~issioner Crisp stated that after studying this matter, it was found · that Real EstateOffices were not allowed in "P-A" Zoning Districts in · the pa'st because it was felt they·Were·m0r'e"~mp~t{ble·in Commercial Chairman Norton directed the Secretary to set tne subject request,for an Informal·Hearing·for the next.·regular meeting on 10 February 1969·. B. ORAL Chairman Norton acknowledged, with pleasure, the presence of Councilman Dwyer, · Mrs.· Parker and Mrs. Stark of the Good Government Group. He also thanked Mrs. Parker and Mrs. Stark for ~he coffee served at recess·. IX. ADJOL~_rSR~NT .'. ~ , ?p-e··Chairman declared the meeting a'djourned at i0:25 P,M. .... .. Respectfully submitted, · ' "' ~ tanley M. Wa~cer, Secretary 'Saratoga. Planning Commission