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HomeMy WebLinkAbout10-27-1969 Planning Commission Minutes CITY OF SARATOGA PI~.NT,~ING COMMISSION MINUTES TIllagE: Monday, 27 October 1969, 7:30 P.M. P~tCE: City Council Chambers, Fruitva!~ Av~nue, Saratoga, California 95070 TYPE: Regular Meeting I ROUTINE ORGANI . ZTO The meeting was called to order by Chairman Norton. A. ROLL CALL " Present: C~-~,~s~{c~n~.~,'~ Bacon Cris-0 Kraus Live~, Norton and Smith Absent: Com~nissioner Metcalf. B. MINUTES Com:nissioner Smith toovet!, seconded by Commissioner Crisp, that the reading of the minutes of the 14 October ~969 meeting be waived and they be approved as distributed to the Commission; motion carried unanimously. II. PUBLIC HEARINGS A. UP-170 Saratoga Tennis Club, Komina Avenue - Request for Use Permit to Allow Ex~ax~sion of Tennis :.Club Continued from 14 October 1969 Commissioner Smith stated that the .Subdivision Co~mnittee did meet with the applicant and it x.~as brought out t~at he st'i].l has a few legal arrangments to work out ~.yith the neighbors in cor~nection with parking facilities; therefore, it is recommended that UP-170 be continued. No one else present wished to comment. Chairman Norton, in view of the foregoing, stated that the hearing.~,you!d not be opened at this time, directed UP-170 continued to the next regular meet- ing and referred same to the SubdiVision Committee. B. UP-177 - William Kenny, Inc., Saratoga Avenue - Request for Use Permit to Allow a Real Estate Investment Office The Chairnmn ol~ened the hearing reIative to UP-177 at 7:34 P.M. The Secretary stated the Notices of Hearing were .maile{] and briefly rcviex.ycc] this application. No one in the audience wisheel to cqmment. Chairman Norton closed the hearing 'for the evening at 7: .M., directed UP-177 continued to the ne}ct regular meeting and referred same to the Sub~jivision Committee for study. C. V-338 San jose Water Works, Pike Road Request for Variance in Connection with Installation of a New ~ower Pole - Conti.nued from lZ~ October !969 Chairman Norton re-.op~ned the hea~i~ng in conn~ction with V-338 at 7:36 P.M. The Secretary briefly reviewed the .subject app!icatie~n anc~ stated no ne~.z comn~unications had been received. ConLmissioner Crisp stated that ].) th.-~ Variance Con~.n~.ittee did n:ake an on-site inspection in connectio~ ~,/th V-33g. 2) the applicant"s representative (~.k~. Fowler) could not be present 3) th'ere is concern on ?art of the Variance Committee as to what exactly is involved 4) there ap,l~.ea.~.. :~o be other.: means by which the same objective can be obtained and 5) t:ibe Co.-'-:~ittee reco.~nmends that the matter be continued to allow tin:e to meet ~f.th the applicant. No one else present wished to speak in connection ~...~it:h V-338. Chairman Norton c].ose~. the bearing for the evening at' 7:38 P.M., d~.rected V-338 continue.~! to the ne:~t regular meeting and referred same to the Variance Commit tee 'for s tu~ty. ~1~ planni~!~ Corr.,mission Minutes 27 October !9:69 - Continued : !I. D. C-124 - City of Saratoga, Big Basin Way - Request for Change of Zoning from "P--A" (professiona. l-Admini'.strative) to "C-V'~ (Visitor-Commercial)- Continued fron~ !4 October ].969 Chairman Norton re-opened the hearling at 7:39 P.M. The Secretary stated that a communication had been received ~from Dr. Ann Fitzsin~mons requesting the pro-. posed change of zoning (C-124) to zone property (including hers) to "C-V" (Visitor-Commercial) be completed %since she planned to develop her property as soon as the tight money situation eases. Mr. Sam Hernandez, property o~..mer and businessman on Big Basin Way, stated that as he undertood the subject application the e:<isting "C-V" (Visitor-Commercial) zoning designated for the subject .area would revert back to ':P-A" (Professional- Adr~in i s tra t iv e ) z on inS. Commissioner Crisp advised that the interpretation stated by l,k'. Hernandez was not accurate. Chairman Norton stated that 1) in a previous statement ~. Hernandez e:~pressed the hope that the entire area be zoned either "C-V" (Visitor-Ccn~nercial) or "P-A" (professional-AdministrativQ) 2) the present application does not affect the Hernandez property and 3) no application affecting ~.~. Hernandez property has been filed. 1~. Hernandez stated that 1) anyone making application for a change of zoning should show definite proof that they plan to develop the property in the very near future and 2) applicants should not be al!~,~d to have' their property re-zoned just to increase real estate values. Commissioner S~nith stated that the Subdivision Committee is a~,~aiting some con~nent from the County Appraiser ':relative to statements made at the meeting of 14 October 1969; therefore, it2is recommended that C-124 be continued. Chairman Norton closed the hearing for the evening at 7:45 P.M., directed the matter continued to the ne~t ~eguiar meeting and referred" C--124 to the Subdivision Committee. E. PROPOSED AMENI)I.~ENT TO ZONING ORDINANCE NS--3 - Re Clustc.=' !~-'~velopment and Park Dedicatic' The hearing was opened at 7:46 P.~. The Secretary 'stated the Notice' of tlearing was published. Chairman Norton pointed out that the Notice of Hearing that appeared in the local paper designated 14 October '1969 as the date of .hearing and that is incorrect. The Secretary stated that the City Attorney has recommended that the following items, also, be published for hearing along with the cluster development and park dedication a~nendment: 1) prohibition of multi-family residences: as a permitted use in "P-A" (ProfessioxT~al-Administrative} Zoning Districts; 2) definition of "cabax~a" and "duple:-~"; and 3) clarifying the term i"camper" The SeCretary then recoma~ended that all the items be scheduled for pub].i~ hearing for the meeting of 24 November 1969. Chairman Norton, in view of the fact that nothing ca~ be accomplished until the matter is properly noticed, closed the hearing for the evening at 7:49 P.M. ~ directed the matter continued to the meeting of 24 ~.ovember 1969 and requested the Secretary to include' the times as'recommended by the City Attorney. -2- p]a~n~n".' Co~nmission Minutes - 27 October 1969 - Continued III. BUILDING SrFES A,:,~D SUBDIVISIONS A. SDR-828 - Dr. John Cox~ Jacks Road -- Builc~ing Site Approval - 1 Lot - Continued from 14 October 1969 The Secretary stated the applicant has reviewed the proposed conditions of approval and e~<pressed satisfaction of same. The Secretary, in answer to an inquiry from Commissioner Lively, stated that in addition to an E~:cavation and Grading Permit this type of site is condi~i.oned to fo!lox.~' an approv~d site development plan and any revision in that site developn~ent plan mu'st be approved by the Planning Commission. He further stated that the above~ requirements control the 'amount of fill or slippage that might occur. Commissioner Smith. moved, secondbd by Conm~issioner Bacon, that the Building Site Committee Report of 27 October 1969 relative to SDR-828 be adopted and that the tentative ma.p (Exhibit "~"' filed 10 September 1969) _~ , b a~ subject to the conditions set forth in said report; motion carri~]~.~ith" Commissioner Crisp abstaining. B. SDR-830 - George W. Day, Toll Ga~e Road - Subdivision Approval - 15 Lots-.- Continued' from 14 Oct.ober 1969 Commissioner Smith stated that the Subdivision Co~nittee did meet ~,~ith the applicax~t and inform~d him that additional revisions on the tentative map ~.~ere necessary; therefore, it is recommended that SDR~830 be continued. Chairman Norton so directed. C. SDR--831 - Ralph Anderson, Quito Road - Building Site Approval 2 Lots - Cont:[nued from 14 October 1969 Commissioner Smith stated that there are proble~ns relative to access roads in connection with this application and the matter should be continued to allow time for further study:' " Chairn'~n Norton so directed. D. SDR-832 - David L. ~'~end=nha]] t-iE. Er]~.n Road - ~uildinF4 Site Approval I Lo~ Commissioner Smith stated that a: site development plan is required for this building site and the Subdivision Committee recom~enc]s that the matter be continued until suCh.a.': plan is submitted. The applicant ~,zas present and stated that !) he is in the process of purchasing the subject property and 2) since the sale of the pro>perry is contingent 'upon site approval he.. is interested in finding out if' site approval will be granted. Chairman Norton e:<p].ained that the Planning Commission cannot make a reco'Enn~end- ation, in connection ~.zith this aDp].ication, prior to receipt of a site develop- ment plan and a proposed ingress and egress location. Chairman Norton directed the matter continued to the ne>:t regular meeting and referred sam.2 back to the~ Subdivision Con:~nittee. None -3- Planning CoirL,.nission I.iinutes - 27 Oct:ober 1969 - Continned V. CITY COMNCIL REPORT Co;nmissioner Kraus gave a sunm-.,ary of items rc\,'iex.Ted and action taken at the City Council meeting of 15 October 1969 with emphasis on matters of particular interest to the ComEnission. VI. Pkt~NNING POLICY COi.']~STTEE REPORT Comn~issioner Kraus gave the following account of items and action taken at the Planning Policy Committee meeting 0f 23 October 1969: 1) A special committee will be appointed to study availabe information relative to a ~-k~nicipa! Airport proposal. 2) The Planning Policy Coz~n~ittee adopted resolution recommending that the Local Agency Formation Commission (IAFCO) adopt as a policy sections of the LAFCO Guidelines '.'as 'follows_:: Preamble, General Principles and Criteria for Incorporation of Municipalities. ~ 3) A resolution ~.za~ adopted to request the State ~nds Commission not to sell to Leslie Salt Co. 3~-acres of submerged la~d and unsold s~.yamp and overf!o~,Ted land in Santa Clara County. 4) The final report of the Stanford Research institute Convention Center-Arena Study ~Till be presented at a public hearing on November ]-3, 1969. 5) A committee will be appointed to work x.~ith the Technical Committee to establish a master plan on solid waste disposal. VII. OLD BUSINESS A. SDR-825 Z. Clyde Standard, Monte Vista Drive and Via Co't:~.~a -,. Request for Reconsideration of Conditions Continued fron~ i4 October ].969 Commissioner Smith read the report of the Subdivision Co~mnittee da~.e~ 27 October 1969 recommending that the Building Site 'Co~a~ittee...Report dated 22 Septen~ber 1969 5e slightly modified, but that the requirements intended in the building site Conditions not be altered. Cormnissioner Smith stated that the report dated 27 October 1969 is based on a conference held by the Subdivision Coranittee with the City Attorney and 2) he felt that because of the history of this oarticu!ar application the Planning Coma~ission should stand firm on its requirements as stated in the Building Site Committee Report dated 22 September 1969. The applicant ;.zas present and stated that he wou].d like the matter brought 'before the City Council in order that he may have an opportunity to state his case to them. Chairman Norton state~] that a judgemerit such as this that might involve litigation is ~] to the City Council. Com~nissioner S~nith moved, seconded by Cox~missioner Crisp, to adopt the re, port of the Subdivision Con~'nittee dated 27 October 1969 and for~,rard it to the City Council as the recoxnmendation of the Planning Cor~2nission; motion carried unani- mous ly. -4- Plann..infa., Comn~ission Minutes - 27 October 1969 - Continued VII. t5o SDR-826 - Elgin Capital, Big BaSin ¥~ay Request for Reconsideration of Conditions - Continued from 14 October 1969 The Secretary introduced the St~ff Report relative to SDR-826 {]ated 27 October 1969 recomn~ending that the request for reconsideration of Condition II-F of the Building Site Committee Report dated 8 September 1969 be denied. Commissioner Smith e~<plained that, he felt, that if this request for underground utilities ~.~ere waived it x,~ould create a situation where if the applicant proceeds x,zith fu~ther development of the property similar exemption ~ou].d be requested. gon'missioner Bacon stated that ~he cost of $300.00 involved in meeting the requir~r~.~nt is n~t unrcason~ble. Cormnissioner Smith moved, seconded by Commissioner Bacon, to adopt the Staff Report fJated 27 October 1~69 and~ the requested changes of conditions in connection witt'i SDR-826 and for~.~ard said report to the City Council. as the recommendation of the. Planning Comtnission; motion carried unanimous ly. : C. Policy on Granting Use Permits f',or Subdivision Sales Offices - Continued ~ from 22 September 1969 Commissioner Smith stated that 1) the Subdivision Cc.f:.~n~ft~:~'e .~ ~.zith .the Planning Con~mittee of the City Council to discuss .-r . '~ter and 2) the Pla~ning Committee recommended that the report .c. ~:t'~e Subdivision Committee dated 27 September 1969 relative to this matter be finally adopted by the Planning Conm~ission and forx,zarded to the City Council. Commissioner Smith. moved, seconded by Commissioner Crisp, to adopt the report of the Subdivision Committee dated 27 September 1969 and to approve the form attached to same relative to policy on granting Use Permits for subdivision sales offices and a copy of each be forwarded to the City Council for their i~formation; motion carried tfn's~nimously. D. Park and Recreation Element of the General Plan - Referral by City Council for Further Study - Continued from 14 October ].969 Con~nissioner Lively explained that 1) the City Council has scheduled a public. bearing in connection x.~ith this matter for 19 November 1969 an~ 2) the City Council has made two referrals to the Planning CoD~n~ission relative to certain aspects of the Park and Recreat{on Element the most recent of which is dated 23 October 1969. tie then outlined the steps that ~.zould be taken by the General Plan Committee relative to these referral requests from the City Council. Com~niss{oner Li~,e~ further stated that several meetings are scheduled as follo~.~s: 1) On Wednesday, 5 November 1969 the General Plan Committee will meet with members ~ the Park and Recreation Commission and 2) On Monday, 3 November 1969 the General Plan Cotnmittee .. will reeF% w~h ..~he planning Committee of the City Council. Commissioner Lively ezplained that these meetings have been arranged in order to get everyone's thinking so that a report can be prepared by 10 November 1969. Chairman Norton, in view of the foregoing, directe.c~ the matter continued to the next regular meeting and referred same to the General Plan ConLmittee. Plannir,~ Commi. ssion Minutes - 27 October 1969 Continued VIII. NEW BUSINESS A. Grand Auto Store ProsoJ_ct Road The Secretary stated that 1) the P~rospect Road Beautification Connittee the Saratoga Beautiful Connnittee '.are concerned about the aesthetic character of the Grand Auto Store on Prospect Road 2) the signs on the inside of the glass facing Prospeet Road are illegal 3) the' display is situated in such a manner that it is possible to see through the entire store and 4) the Grand Auto people are we].! aware of the City's requirements and the members of the Planning Com~nission should take a look at the situation if possible. B. Rodoni Corporation Yard - Saratoga-Sunnvva]e Road The Secretary stated that th:[s is an unsightly area and is a legal non-donfonning use; however, the time limit for continue~ operation of this use has expired and 2) the 'City has never taken a position on legal non-conforming uses that have lapsed and he would rec~'mnend that the Planning Con~n~ission take the matter under consideration. Cowa~issioner Crisp explained that it was his understanching that there must be a structure that is wortli $500.00, in assesse~ valuation, on the property in order for them to cor~tinue operation and this is not the case in this situation. . ~ The Secretary, in .answer tO.an i~nqui~y from Chair~{~an i~o~:'to~,' ~tat~t ~hat the City ~.~ould like to see the x~ho].e use cleaned up or eliminated enti'~'e~v. ,, --~ Chairman Norton suggested that memb:ars of the Planning Commission that can arrange some time to inspect thi~ property should do so. C. Course for Plannin~Z Commissioners aDj_~ijy Man~ZeEs Chairfinn Norton advised that a short course 'for Planning Commissioners and City Managers will be held at the Jack Tar Hotel in San Francisco on 5 a'nd 6 Decen~ber' 1969 and anS~'Commission'er interested in attending should contact the Planning Director.-and inform.him. D. Second Congress for Community Chairman Norton stated that a let'ter was received from the Saratoga Chamber of Commerce inviting the Planning Con~nission to '.'.~',int a representative to attend a meeting on 13 November 1969 ~.~ the second Congress for Comz'f~unity' Progress. He further statc~ci that any member of the Con~nission ~.~ish'ing to attend shoulc] again cont'act lithe Plan~ing Director. ..'. IX. CO~.]'UNICATIONS A. ~ ! TT EN None : B. O~L _ C~airman Norton not!~,_jZith regret, the absence of a Councilman and acknowl. e~ged, ~i't~ pleasureS' [~ presence o{ F~'. '[~ei.~,r]ne~: an~i ~s. "' Ottenbe~g of the League of Women Voters, Mrs. Stark and Mr. Kitchen of the Good Government Group. He' also thanked Mrs Stark for the coffee to be served after the meeting. P].annin~f., Co'..n.mission H:[nutcs - 27 October 1969 - Continuecl ADJOUiIN~'H~NT Chairn~an Norton declared the meeting a~journed at 8:30 P.M. Saratoga Planning Commission j -7-