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HomeMy WebLinkAbout05-25-1970 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME: Monday, 25 May 1970, 7:30 P.M. PLACE: City Council· Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting Io ROUTINE ORGANIZATION The meeting was called to order by Chairman Norton. A. ROLL CALL Present: Commissioners Crisp, Kraus, Lively, ~r. tin, Norton, and Smith. Absent: Commissioner Metcalf. B, MINUTES Commissioner Smith moved, seconded by Commissioner Lively, that the reading of the minutes of the ll,May 1970 meeting be waived and they be approved as distributed to the Commission subject to the following change: .. page 2.. .last paragraph.. .under C-128.. .line 2. · .add the word "Session" after the word "Study"; motion carried unanimously. C. CObIMITTEE APPOINTMENTS Chairman Norton made committee appointments and changes and as a result the membership of each committee stands as follows: SUBDIVISION COMMITTEE GENERAL PLAN COMMITTEE. · . Commissioner Smith, Chairman Commissioner Lively, Chairman ...... Commissioner Crisp Commissioner Metcalf Commissioner Kraus Commissioner Smith VARIANCE COb~4ITTEE DESIGN REVIEW COMMITTEE Commissioner Kraus, Chairman Commissioner Metcalf, Chafrnmn Commissioner Crisp Commis.sfoner Lively Commissioner Martin. Commissioner Mantin Chairman Norton then stated that he realized work commfttments, etc. present some difficulty fn attending all meetings fn connection with the committee appointments; however, the existing schedule will remain in effect until such time as it becomes non-workable. IIo PUBLIC HEARINGS A. C-130 - SaratOga Foothills Development Corporation, Fruitvale. Avenue - Request for Change of Zoning from "R-i-40,000" (Single-Family Residential) to "R-I-40,000" "P-C" (Single-Family Residential Planned Community) - Continued 'from 11 May 1970 The hearing was re-opened at 7:37 P.M. The Secretary stated that.two communications had been received from 1) Walter Thompson, 14805 Fruitvale Avenue, recommending that two entries from Fruitvale Avenue be allowed for the proposed development and that one entry be aligned with the projection of Three Oaks Way and 2) Mrs. Wayne Rfcker, 14850 Barnriga Lane,. protesting the location of the exf.t and access streets on Fruitvale Avenue proposed for the development and requesting'that the planned street be aligned with Three O~ks Way~ -1- Planning Commission Minutes - 25 May 1970 -Continucd II. 'A.' C-130 - Continued Commissioner Smith stated that 1) the Subdivision Committee met with the Planning Committee of the City Council and Mr. Beck (Park Consultant) and after a lengthy discussion the Planning Committee requested that the Planning Commission defer aCtioB relat'ive to this matter until after Mr. Beck submits a proposal for central development plan for this area which may include a golf course and may involve some of the applicant's property and 2) another meeting with the Subdivision Committee the Planning Committee and the Park Consultant is scheduled for 2 June 1970 at which time the Park Consultant will submit the subject report. Chairman Norton stated that the Planning Commission did indicate previously that they would be inclined to wait for the Park Consultant's report; however, the applicant may find the wait unacceptable. Mr. Jerry Lohr, President of Saratoga Foothills Development Corporation, was present and stated their on!~ interest is to develop the property in the best possible way and a two-week delay would not be objectionable. CommiSsioner Crisp stated that the applicant has not submitted the plans for the community center nor the agreement with respect to operation. The Secretary explained that the cor~nunity-center plans were submitted; however, the agreement is still being worked out with the City Attorney. Chairman Norton closed the hearing for .the evening at 7:45 P.M., directed C-130 continued to the next regular meeting and referred same to the Sub- division Committee for a report~ .. B. UP-185 - Katherine Cain, Austin'lWay Request for Use Permit to Allow a Montessori Pre-School - Continued from 11 May 1970 Chairman Norton re-opened the hearing at 7:46 P.M. The Secretary stated .that 1) t.he applicant did submit a letter explaining that the owner of the property would not eliminate the two rental units located on the subject property unless the applicant would make up the difference in the rent and 2) the applicant states she would be unable to meet this request. Commissioner Smith stated that 1) a Staff Report reiative to this matter had been prepared 2) the Subdivision Committee has given the subject request a great deal of thought, visited the sit~ and talked with the applicant and the property owner 3) three alternatives have been suggested as stated below and the Subdivision Committee would like the entire Commission to consider these prior to any formal re. Commendation: a) Outright denial of UP-185. b) Approval of UP-185 subject to abatement of the apartments and the access road through the proposed play yard.. c) Approval of UP-185 as stated in the Staff Report dated 25 ~y 1970 subject to the conditions set forth in said report. Commissioner Smith further stated that as far as traffic is concerned in this area it is no better or worse for a nursery school than any other location. -2- II. B. UP-185 - Continued Chairman Norton stated that, perhaps, alternative (b) ~ould be the most desirable action to take since the property is not zoned for multi-residential. CommiSsioner Smith stated that the property owner is not agreeable to eliminating the apartment use.unless the applicant is agreeable to making up the difference financially. Commissioner Lively stated that 1) everytime a use is proposed for this building in the future the Planning Commission will be faced with the legal non-conforming apartment use located on the same property and 2) if alternative (b) is recommended then the property owner will, in effect,'be prevented from using this property. Commissioner Smith advised that abatement proceedings for the apartments could be initiated and another use allowed in these buildings. The Secretary explained that no provisions for abatement proceedings have been made for "R-I" Zoning Districts. Mrs. Cain, in answer to an inquiry from Commissioner Lively, advised that neither the State Licensing Board nor the Fire Marshal have any objections to the use of the subject building for a nursery school. "The Secretary read the Staff Report dated 25 May 1970 recommending that the request in connection with UP-185 be granted. Mrs. Cain inquired if six parking spaces (as stated in condition (4) of the subject Staff Report) were really necessary since most of the time there will be only the two teachers cars parked and occasionally a visiting mother's car. Mrs. Vossbrincki, 19051 Austin Way, stated that the school bus picks up and discharges students at the corner of the subject property and '.this in itself, along with the normal traffic, could prove to be of considerable danger. Mrs. Cain stated that 1) the school will be quiet with the children going out once in the morning and once in the afternoon 2) any traffic will be only in bringing the chi'ldren and picking them up and will not go-on all day 3) if a time limit of one year as stated in the Staff Report is enforced then she cannot consider this location for the nursery school since it will take at least three years to establish a nursery school. Chairman Norton explained that the one-year time-limit means only that the nursery school use will be reviewed at the end of one year.. Commissioner Smith stated that the review would be to determine if the nursery school is serving the needs of. ~he'Saratoga area. Chairman Norton explained that ~his particular property is located on the .edge of Saratoga and will attract people from the other side of the creek but the applicant does not want to put a lot of time and effort into the project and then have the use terminate in a years time. : greeable to deleting the one year Commissioner Smith stated he would be a time limit on the Use Permit. -3- Planning Commission Minutes - 25 May 1970 - Continued II. B. UP-185 Continued Chairman'Norton recommended that condition (1) of the subject Staff Report be changed to read as follows: '1) This Use Permit shall be approved. After one. school year the Planning Department shall review the facilities and service area of the school to ascertain whether the basic educational needs of Saratoga are-..being fulfilled. Commissioner Smith moved, seconded by Commissioner Kraus, to close the hearing relative to UP-185 at 8:12 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 25 May 1970 be adopted, as amended, and the subject request for a Use Permit to allow a Montessori Pre-School be granted on the basis the finding required by Secion 16.6 of Zoning Ordinance NS-3 can.be made and subject to the conditions stated in said report; motion carried unanimously. C. UP-187 - Shirley Mille~, Fifth ~Street - Request for Use Permit to Allow a Pre-School Nursery ~ The Chairman opened the hearing relative to UP-187 at 8:14 P.M. The S~re~ary stated the Notices of Hearing were mailed and briefly reviewed the subject application. He further stated that 1) there is an existing residence on the subject property 2) Mr. Larry Tyler and Mr. Harry Maynard, both local businessmen, have voiced their objection to the proposed nursery school stating that it may effect the proposed parking district in this area 3) the subject property is not actually included in the proposed 'parking district at present, although, the property itself may be involved in some way or may eventually be added to the parking district and 4) the applicant did submit a Statement of Reason. " Chairman Norton inquired how this property would benefit from 'the proposed parking district. The Secretary advised that the property could be re-zoned to commercial 'property or be acquired 'to used. as part of the parking district. Chairman Norton asked if any additional construction would be considered if the proposed request for a nursery school were granted. Commissioner Smith explained that the applicant would increase the size of the building by 50%. Mrs. Miller, the applicant, wasl present and stated that 1) she will be attending West Valley Junior College to complete her credentials qualifying her to operate a nursery school' and 2)':a.!nursery school was previously operated successfully in this area and a bus service will probably be provided to transport the children. Commissioner Kraus advised that Fifth' Street is ngt'a through street and the proposed use would encounter problems with ingress and egress as a . result. The Secretary, in answer to an inquiry from Commissioner Martin, stated that the building undoubtedly did not meet the City Code requirements for a nursery school. -~rs. Miller stated that the prqper authorities will not look at the subject building until the Use Permit is granted; however, the Fire Marshal did look at the property and suggested two or three items that would have to be taken care of if the building were to be used for a nursery school. E~anning Commission Minutes - 25 May 1970 - Continued II. C. UP-187 - Continued Chairman Norton closed the hearing for the evening at 8:23 P.M., directed UP-187 continued to the next regular meeting and referred same'to the Sub- division Committee for study. D. V-34~ Edwin Stafford, Jr., Woodside Drive - Request.for Variance to Allow a'Reduction in Side Yard Setback Requirements - Continued from 11 May 1970 The hearing was re-opened at 8:24 P.M. The Secretary stated that nothing further had been added to the file. The' applicant was present and stated he had no further comments. The Secretary read the Staff Report dated 25'May 1970 recommending that the requested Variance'be granted. Co'mmissioner Smith stated that he served on the Variance Committee for this particular request and in his opinion the Variance should be granted. The Secretary, in answer to an inquiry from Commissioner M~artin, stated that the requirement for a thirtEen-foot side yard setback for a two-story addition is the result of an ordinance interpretation by the City Attorney. Chairman Norton requested the Secretary to obtain copies of the City Attorney's interpretation for distribution to the Planning Commission. Commissioner Kraus..moved, seconded by Commissioner Lively, to close the hearing relative to V-347 at 8:29 P.M.; motion carried unanimously. Commissioner Kraus moved, seconded by Commissioner Crisp., that the Staff Report dated 25 May 1970 be adopted and the subject request for Variance be granted subject to Design Review Approval of the plans and on the basis that the findings required under Section 17.6 of Zoning Ordinance NS-3 can be made for the reasons stated in the subject report; motion carried unani- mously. III. BUILDING SITES AND SUBDIVISIONS A. SDR-849 Thomas L. Dashiell, Bohlman Road - Building Site Approval - 3 Lots - Continued from 11 May 1970 Commissioner Smith stated that the applicant must submit a~Lletter of extension prior to '.6zJune. 1970..~ or the tentative map will expire. The Secretary stated that the applicant is aware 0f the required letter of extension and will submit same as soon as possible. Commissioner Smith moved, seconded by Comm~s's'ioner Crisp, that the .extension for thirty days is received - J 7 i carried unanimously. : .' ~ B. SDR-851 - Osterlund Enterprises, Saratoga Creek Drive - Building Site Approval 1 Lot The Secretary advised that the applicant reviewed the proposed conditions of approval and expressed satisfaction with same. .Commissioner Smith moved, seconded by Commissioner Crisp, that the · 'Building Site Committee Report dated 25 ~y 1970 relative to SDR-851 be adopted and that the tentative map (Exhibit "A", filed 15 ~y 1970) be approved subject to the conditions set forth in said report; motion .carried unanimously. -5- III. C. SDR-852 - Thomas Ernandes, Saratoga-Sunnyvale Road - Building Site Approval - 1 Lot Mr. Warren Held, architect, was present to represent the applicant. Chairman Norton, in answer to an inquiry from Mr. Held, explained that the $120.00 inspection fee stipulated in the Building Site Committee Report dated 25 }~y 1970 provides for a City Engineer to inspect street improvements to determine if they have been properly constructed. Mr. Held stated that Condition II-C of the Building Site Committee Report requires an offer of dedication that was not required of a developer just a few hundred feet away from the applicant's property. The Secretary explained that the same offer of dedication was requSred of the subdivider developing the property in the area of the applicant's property; however, no improvements were involved. The Secretary, in answer to an inquiry from Mr. Heid, stated that the City does not have a specific plan line for Saratoga-Sunnyvale Road but the State Highway Department does have a plan line for the Mr'i H~id'stated that he would request that SDR-852'be Continued to the ..... next regular meeting in order to allow him time to confer with his client. Chairman Norton so directed. D. SDR-853 - Donald Comer~ P~erce Road - Building Site Approval - 4 Lots Commissioner Smith stated that this application requires further study and recommended that the matter be continued to the next regular meeting. Chairman Norton so directed. IV. DESIGN REVIEW A. A-347 - Saratoga Village Shopping Center, Big Basin Way - Final Design Review - Identification Sign Commissioner Kraus stated that a Staff Report dated 25 }~y 1970 recommends'~ that A-347 be granted Final Design Approval. Commissioner Kraus, in answer to an inquiry from Chairman Norton, stated that the Design Review Committee specifically requested that the molding for the proposed signs be placed on top of the sign rather than on the bottom. Mr. George Otsen, of the Otsen Sign ~o..., was present and displayed samples of the sign materials. CommissiOner Kraus recommended that in Condition (b).. .sentence 2.. be amended to read as follows: "Applicant shall have this condition written into his leasing agreement." Commissioner Kraus moved, seconded by Commissioner Smith, that the Staff Report dated 25 }~y 1970 be adopted, as amended, and that. Final· Design Approval be granted for A-347 as shown on Exhibits "A" and subject to the conditions stated in said report; motion carried unanimously. V. CITY COUNCIL REPORT Chairman Norton stated that there could be no City Council Report since Commissioner Bacon is no longer on the Planning Commission and was scheduled to attend the City Council meeting of 6 May 1970. Plannin~ Commission Minutes - 25 May 1970 - Continued VI. OLD BUSINESS A. UP-151 - Ja~es D~M~, Souza Lane - Request for Extension The Secretary explained that this Use Permit was granted in 1968 and has already been granted one extension and previous to that -UP'-104 was approved and extended for the same use; therefore, a Use Permit for this use has been in effect for five years. The Secretary read the Staff Report recommending that the subject request for extension in connection with UP-151 be denied. Commissioner Smith moved, seconded by Commissioner Kraus, that the Staff Report dat~dJ'~"~ay 1970 be adopted'and the subject request for extension b~ denied in accordance with said report; motion carried unanimo~s-l-y.--/ B. UP-149 - James W. Day,~ Saratoga Avenue - Request for Extension The SeCretary explained that no complaints have been received relative to the subject Use Permit. The Secretary read the Staff' Report dated 25 May 1970 recommending that the subject request for extension for UP-149 be approved. .... Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 25 May 1970 be adopted and the subject request for a one year extension be granted; motion carried unanimously. VII. NEW BUSINESS : A. C-106 - M.V.S., Saratoga Avenue - Request for Extension by Cal-West .: Commgn~ties, Inc. : The SeCretary read a letter received from the applicant's attorney Mr.'Glenn0n, requesting an extension for C-106. Mr. Glennon was present and stated that 1) his client, Cal-West, requests a one year extension'for C-106 2) the entire property consists of seventeen acres; however, the Change of Zoning covers only ten acres 3) in accordance with a Planning Commission request the map shows a plan for the entire seventeen acres 4) Cal-West is a progressive company with experience in the type of building proposed for the'subject property 5) the applicant has retained, pending approval of the subject request for extension, the offices of McAllister and Payne as the architects for the subject project 6) construction is expected to begin.in September 1970 7) financing is to be provided by Bank of America subject to approval of the plans by the City 7) he would request ~he Commission to take some action at this time since timing is critical and 8) he has made every attempt to follow the orderly sequence. of procedure and has met with the Subdivision Committee and Design ReView Committee. Chairman Norton explained that 1) C-106 is a Conditional 'Change of Zoning 2) this request was brought to his attention after the applicant and Mr. Glennon met with the Subdivision Committee and Design Review 'Committee and 3) the Planning Commission does not ord.in~rily act on initial requests but this matter has' been thoroughly discussed by the proper Committees. Commissioner Crisp advised that this matter will be referred to the City Council after the Planning Commission makes a recommendation. Planning Commission Minutes - 25. May 1970 - Continued VII. A. C-106 - Continued Commissioner Lively inquired about the remaining seven acres shown on the map but not included in the Change of Zoning application and questioned whether they may mistakenly be considered as part of the approved Change of Zoning. Chairman Norton explained that the present request for extension is for the ten acres only and a seperate application for Change of Zoning will have to be submitted for the remaining seven acres. Commissioner Lively stated that if the extension is granted for ten of the seventeen acres shown' on the map then the Planning Commission is giving indication that a Change of Zoning will be granted for the remaining seven acres. The Secretary, in answer to an inquiry from Chairman Norton, stated that the General Plan designation for the remaining seven acres is Multi-Residential. Commissioner Smith 'stated that 1) there is .a great deal of difference between the original plan and: the one now presented by Cal-West'2) the original plan was based on rental apartments; whereas, the present plan proposed condominium development and 3) the present plans will require ..... SO~ne modification since some three-story buildings are proposed, but are not acceptable. The Secretary stated that the Staff Report dated 25 May 1970 recommends that the subject request for extension in connection with C-106 be granted. Commissioner Lively stated that .if Condition (1) of the Staff Report were amended to indicate approval of only ten acres he would find it acceptable. Mr. Glennon stated that 1) the change in the report would be acceptable since the applicant understands that the subject Change of Zoning involves only the ten acres 2) the three-story buildings will be removed from the proposed plan and 3) a modified plan will be submitted showing the changes requested by the Committees and 4) he would request that Condition (2) of the subject Staff Report dated 25 May 1970 be amended to allow ninety days to begin construction since it will not be possible to begin in thirty days. Chairman Norton recommended that Condition (1) of the subject Staff Report dated 25 May 1970 be amended to read 'as follows: "1) Within forty-five days after action by the Council on the extension a Master Plan for the entire property and a modified plan for the ten acres ~overed by the present zoning shall be submitted for development of the site as a condominium." and that sentence 1.. .of Condition 2) of the subject Staff Report be amended to read as follows: "2) Construction to start not later that ninety days after approval of final plans by the City Council and pursued diligently to completion within one (1) year after Council approval of the plans." -8- ,,Plannln~ Commission Minutes - 25 May 1970 - Continued VII. A. C-106 - Continued Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 25 May 1970 be adopted, as amended, and the subject request be granted and a one-year non-transferable extension be granted tO Cal-West Communities, Inc~;..~Ubject t~_.'~e c.°~.~nS.stated in the ...... Staff Report and that said report be forwarded .to the City Council as ~he"rec0mmendati~n'0~ the Planning Commission; motion carried unanimously. B. C-126 - Ro~er W...Ross, SaratoMa Hills Road The Secretary explained that C-126 has been referred back to the Planning Commission by the City Council. He further stated that the matter should be referred to the Subdivision Committee for further consideration and continued to.the next regular meetings. '- Chairman Norton so directed. C. Parking. Commissioner Crisp .stated 1) he was very much concerned with the parking for the business establishments in the village 2) he would suggest that parking be considered as part of the General Plan and 3) if the parking plan is encouraged by the Planning Commission.= ...... and city council some progress may result. The Secretary explained that the village parking has been under study and a lot of information is now available relative to same. Chairman Norton stated that parking certainly is enough of a problem to be considered and should be added to the list of items to be considered as part of the General Plan Review. VIII. 'COMMUNICATIONS 'A. WRITTEN SaratoSa United Presbyterian Church - Request for Extension The'Secretary read a letter received from Saratoga United Presbyterian Church requesting that the Planning Commission grant a one year extension on meeting the condition to provide fifty-two parking spaces since sufficient financing prevents them from meeting the subject condition at the present time. Commissioner Kraus stated that it was the feeling of the Design Review Committee that the subject request for extension be granted. Commissioner Smith stated that he would like some stipulation prohibiting parking in the street in the area of':'the church. Chairman Norton stated that,.perhaps, the City Council could require that No Parking sign be posted along this area.. 'Commissioner Kraus recommended that the matter be referred to the Design Review Committee and continued to allow time for further study and'to determine if the signs prohibiting parking would be feasiable. Chairman Norton so directed. Planning Commission Minutes - 25 May 1970 - Continued. VIII. B. ORAL Chairman Norton acknowledge'd, with pleasure, the presence of Councilman Dwyer, FIrs. Ottenberg of the League of Women Voters, FIrs. Stark and FIr. Frampton of the Good Government Group. He, also, thanked FIrs. Stark for the. ~coffee to be served after the meeting. IX. ADJOURNbIENT Chairman Norton adjourned the meeting at 9:45 P.Mo Respectfully submitted, ~~, Secreta*Y Saratoga Planning Commission ] -10-