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HomeMy WebLinkAbout06-08-1970 Planning Commission Minutes/ CITY OF SARATOGA PLANNING COMMISSION // ~' MINUTES TIME: Monday, 8 June 1970, 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular bieeting I. ROUTINE ORGANIZATION The meeting was called to order by Chairman Norton. A. ROLL CALL .. Present: Commissioners Crisp, Kraus, Lively, b~rtin, Metcalf, Norton, and Smith. Absent: None..'- Bo MINUTES Commissioner Smith moved, seconded by Commissioner Lively, that the reading of the minutes of the 25 ~y 1970 meeting be waived and they be approved as distributed to the Commission subject to the following change:- page 9. '.under VIII. A.. . paragraph 1. . .line 4.. .change the word "sufficent" to "insufficient"; motion carried with Commissioner Metcalf abstaining. II. PUBLIC HEARINGS A. C-130 - Saratoga Foothills Development Corporation, Fruitvale Avenue - Request for Change· of Zonigg from "R-I-40,000" (Single-Family Residential) to "R-1-40,O00" "P-C" (Single-Family Residential Planned Community) ~ Continued from 25 May 1970 Commissioner Smith stated that 1). the Subdivision Conmittee met again with the Planning Committee of the City: Council and the Plannin~ Consultant~ ~. Beck 2) [~. Beck submitted his central development plan including the forty-acre parcel proposed for development by the applicant 3) the subject plan has been submitted to the applicant for study and the applicant has agreed to give the plan his consideration in order to. determine if it is feasible for the property under consideration in connection with C-130 and 4) the Subdivision Committee recommends that the matter be contzinued to the next regular meeting. Chairman Norton, in view of the foregoing, did not open the public hearing, directed that C-130 be continued to the next regular meeting and referred same to the Subdivision Committee. B. UP-187 - Shirley'Miller, Fifth Street - Request for Use Permit to Allow a Pre-School Nursery - Continued from 25 May 1970 The Chairman re-opened the hearing' at 7:37 P.M. The Secretary read a communication received from }~. David Morrison of 19590 June Lane stating he owned the apartment building located at 14649 Oak Street which adjoins the property proposed for the subject nursery school and advisin'g he is opposed to the subject request for Use Permit for a pre-school nursery at. the prop?sed location due to the concentration· of traffic on Fifth Street. , · ...... No one present in the audience wished to comment relative to this matter. Commissioner Smith stated that the Subdivision Committree has reviewed the subject Use Permit and they feel it should not be considered further until after the General Plan Review, because of the possible effect of the subject property on the proposed parking district. · The applicant was not present. -1- p].annin5 Commission Minut~ - 8 June 1970 ~ Continued °=II. B. UP-187 - Continued Chairman Norton closed the hearing at 7:39 P.M. ,for the evening, directed UP-187 c6ntinued to the th,? meeting of 10 August 1970, and referred same to the Subdivi- sion Committee. (The applicant arrived later on in the evening and Chairman Norton explained the action taken by. the Planning Con~nission relative to the subject application. ) III. BUILDING SITES AND SUBDIVISIONS A. SDR-849 - Thomas L. Dashiell, Bohlman Road - Building Site Approval - 3 Lots - Continued from 25 May!1970 Commissioner Smith stated that the necessary maps relative to this application have not been submitted; therefore, it is recommended that SDR-849 be continued to the next re~ula~ meeting. Chairman Norton so directed. B. SDR-852 - Thomas Ernandes, Saratoga-Sunnyvale Road - Building Site Approval - 1 Lot - Continued from 25 ~y 1970 The Secretary read a letter received from the applicant :Te:'!,!..'.~ting that SDR-852 be withdrawn and stating that the '. applicant no longer ~7.i~i~ed ~'o divide his landsafter reviewing the proposed. Conditions of approval. Commissioner Smith moved, seconded by Commissioner Crisp, that the subject request for ~ithdrawal be approved; motion carried unanimously. C. SDR-853 - Donald Comer, Pierce Road - Building Site Approval - 4 Lots - Continued from 25 May 1970 Commissioner Smith stated that the applicant has submitted the requested site development plan relative to SDR-853. _-. The Secretary stated the applican~ has revie~'ed the proposed conditions of approval and expressed satisfacti.on ~ith same. Commissioner Smith moved, seconde.d by Commissioner Crisp, that the Building Site Committee Report dated 8 June 1970 relative to SDR-853 be adopted and. that the tentative. map (Exhibit "A-i", filed 8 June 1970) be approved subject to the conditi6ns set forth in said report; motion carried unanimously. D. SDR-854 - Kenneth Gilbeau, Twin Creeks Road - Building Site Approval - 1 Lot The applicant was present and sta.ted that 1) he had reviewed the proposed conditions of approval and questioned Condition II-D relative to building setback from the creek right-of-way 2) the Flood Control District has requested he move the setback further back .than was originally stated in the easement agreement 3) it is not practical to do so becasue of the slope of the property and 4) Flood Control has, also, '.discussed the possibility of requiring the building pad elevation to be raised; however, he has already raised it to a higher level than others in the area. Commissioner Smith stated that the Flood Control District may require a higher foundation for the propose'd house.- ......... 'The Secretary, in answer to an inquiry from Chairman Norton, stated that 1) the Flood Control District can ask the Planning Commission to impose the aforementioned requests, but cannot specificalI]~ require the applicant to meet same and 2) in the case of Franklin apartments a minimum pad elevation was required in a situation similar to the applicants. -2- Planning Commission Minutes - 8 June 1970 - Continued III. D. SDR-854 - Continued Commissioner Crisp stated that there have been similar situations in the City along Quito Road where pad elevations are higher than would normally be expected. The Secretary, in answer to an inquiry from Chairman Norton, stated that the high bank on the property is located within the easement; thereby, meeting the requirement that the building be located 15-feet from the high bank. Chairman Norton suggested that a ~ itten acknowledgement be obtained from the applicant stating that the applicant has been made aware of the Flogd Control District request. Chairman Norton further stated that he would request the Secretary to obtain an opinion from the City Attorney relative to the amount of control Flood Control can exercise in such matters. The applicant stated that he is not exactly sure. of what the Flood Control requirement is; however, he is wiiling to do whatever is reasonable in connection with development of his lot. Commissioner Metcalf stated that a grading plan should be submitted since there is considerable grading andbenching shown on the tentative map. Chairman Norton recommended that Eondition II-I of the Building Site Committee Report dated 8 June 1970 be amended to read as follows: "I. Call for grading i~spection during site grading. Engineered grading. plan required." Commissioner Smith moved, seconde~ by Commissioner Kraus, that the Building Site Committee Report dated 8 Jun'e 1970 relative to SDR--854 be adopted, as amended, and that the tentative mpa (Exhibit "A", filed ii~ {~.'~./1970) be approved subject to the conditions set forth in said re~,~>;it; motion carried unanimously. ........... ~ "SDR~855 - Richard Riordan. Fr~it~ale Avenue - Building Site ApproVal - i Lot Mr. Bernie Turgeon was present to represent the applicant and questioned Condition II-C of the Building Site Committee Report dated 8 June 1970. The Secretary stated that the subject condition would bring the subject lot into conformance with the adjoining lot. The Secretary, in answer to an inquiry from Chairman Norton, stated that 100-foot setback as stated in Condition II-I is required by the Public Works Department since the possibility of a four-lane road is contemplated for Fruitvale Avenue. Chairman Norton added that with the 100-foot setback from the centerline of Fruitvale Avenue the proposed building would be far enough back so that if the four-lane road is constructed the problem of setback for same will already be taken care of for the.applicant's property. Commissioner Smith moved, seconded by Co~nissioner Kraus, that the Building Site Committee Report dated 8 JuDe 1970 rela~e__to SDR-855 be adop~edJpd that the t'entative'map (Exhibit 'z'A"V"{ff6~'29 May 1970) be approved subject to the conditions set forth in s~id report; motion carried unanimously. IV. DESIGN REVIEW z None V. CITY COUNCIL REPORT Commissioner Crisp gave a summary of items reviewed and action taken at the City Council meeting of 3 June 1970 with emphasis on matters of particular interest to the Comnission. -3- ~iapping Commission Minutes - 8 June 1970 -! Continued PIANNING POLICY COI~,~ITTEE REPORT Commissioner Kraus stated that 1) the report of the Executive Committee recommending that San Jose be directed to abandon the feasibility of a full-scale airport for the present was adopted at the meeting of 28 May 1970 2) it was, also, recommended that San Jose be required to obtain the approval. of surrounding cities prior to proceeding with any future airport proposals 3) Councilman Jerry Smith was elected Vice-Chairman of the Planning Policy Committee for 1970-7'1 and 4) on 16 June 1970 in the City Council Chambers a talk relative to hillside development will be given by an informed geologist. VI. OLD BUSINESS A. C-126 - Roger W. Ros~, Saratpga Hills Road - Referral of City Council The Secretary stated that the City[ Council at the meeting of 29 [~y 1970 referred this matter (C-126) back 'to the Planning Commission with the recommendation that the entire lower portion of the applicant's property be included in the re-zoning rather t'han just enough area for one building site. The Secretary then read the report' of the Planning Committee of the City Council containing the aforementioned recommendation and further recommending that the slope density standards be considered at the time of building site application. Commissioner Smith stated that 1) the Subdivision Committee did review this matter further and met with the applicant and the adjacent property owner (~. Fryer) and 2) the Subdivision Committee is in agreement with the recommendation made by the Planning Committee of the City Council. The Secretary read the Staff Report dated 8 June 1970 recommending that 1) the entire lower area of the applicant's property be included in the re-zoning to "R-1-12,500" and 2) the matter of requiring more side~yard setback for the subject property be considered under site-apprOval application. Chairman Norton inquired about the' problems existing relative to setback requirements. The Secretary answered that the ad;jacent (Fryers) have requested that a greater setback than is.normally required be stipulated for the ~pplicant~ building site. The Secretary explained that the applicant will have six-thousand additional square feet for his total lot area; however, this would not be sufficient area to provide two building sites. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 8 June 1970 relative to C-126 be adopted and the recommendation that the applicant's entire lower property be included in the re-zoning to "R-1-12,500" thus making the zoniBg change strictly in conformance with the General Plan, be forwarded to the City Council as the recommecation qf the Planning Commission; motion carrie~" Unanimously. B. ~olf ~riving Range on the Miljevich Property Between Calabazas Creek and the Southern Pacific Railroad Tracks Commissioner Smith stated that 1) the request to allow a golf driving range in.Saratoga was referred to the Subdivision Committee to determine if an Informal Hearing should be-schedu!ed---2-)--th~s-ma-~-ter-has-been-d'~scu's'se~ with. the applicant and he has submitted a sketch of the proposed driving range 3) the driving range would be 300-feet by ~ds of green area in size and would involve cleaning up ~e area aro nd the Hansen Garage and elimination of the existing fruit stand 4) the disadv ntages would be the high fence around the driving range 5) th City now has a 20-foot height limitation for the "C-V" Zoning District; howev r, the ~ plicant's sketch shows a 35-foot fence and 6) the recommendation f the ~ivision Committee is that n informal hearing not be held. ,aVi. B Golf Drivin~ Rang~e - Continued " The Secretary explained that he died discuss the matter with the applicant and the property o~,:ner and it . is ltheir request that the PlanninK Commission consider the matter at an Informal. Hearing since the applicant would endeavor to adjust the fence height to meet' the City's requirements. Commissioner Kraus stated that the flood lights used to light up the driving .'range may present some problems to the nearby residents. Mrs. Ottenberg of the League of Women Voters stated that she has seen some driving ranges where they have use'd nets within the property lines instead of regular fencing. Chairman Norton recommended that any members of the Planning Commission who have not seen the property ma~e an effort to do so. in order to determine whether anything can be accomplished by scheduling an informal Hearing rela- tive to the subject request. VII. NEW BUSINESS A. SDR-793 - Charles McKo~, Saratog~ Hills Road - Request for Extension The Secretary stated that the applicant has submitted a letter requesting an extension of one (1) year for SDR-793. Co~issioner Crisp moved, seconded by Co~issioner Kraus, that a one (1) year extension from the current date of expiration be granted for SDR-793; motion carried unanimously. B. SDR-794 - Brian Ca~e - Carniel Avenue - Request for Modification of Condition The Secretary stated that the o~.mer of the property (~. Clark) has requested that the requirement for rolled curb and 36-inch gutter ~ ~aived on the basis that the requirement would be inconsistent with the curb and gutter already in place. in the area. Commissioner Smith stated that the Subdivision Co~mittee has reviewed the subject request with the Department of Public Works and the only change recommended is that the following be added to Condition II-A of the Building Site Co~ittee Report dated 13 January 1969: "as approved by the Department of Public Works." The Secretary stated that the applicant prefers that a 24-inch vertical curb and gutter or the County of Santa Clara rolled curb be substituted for the R-36 ~urb and gutter requested in the Building Site Committee Report dated 13 January 1969. CoEissioner Smith moved, seconded by Co~issioner Crisp, that the Condition II-A of the Building Site .Co~ittee Report dated 13 January 1969 be amended by adding "as approved by Department of Public Works."; motion carried unani- mous ly. VIII. CO}~NI~TIONS A. SDR- 79 1 - Nea 1 Kirk~.Q~ Sob el. R2~ 7. ,gg=q~_S~_._f.Q~Ex.t.ens.i.on '- The Secretary stated that }~. ~'ir[ham submitted a letter requesting an extension of one (1) year for his:Building Site Approval SDR-791. The Secretary recogended that the subject request be referred to the Subdivision Comittee for study. Chairman Norton so directed. -5- ._ -VIII. A. 1. UP-185 - Katherine Cain, Austin Way - Letter of Appreciation The Secretary stated that a letter was received from ~trs. Cain thanking the Planning Cormnission for approving her Use Permit for a Montessori Pre-School and stating she had received two calls from Saratoga Mothers relative to placing their youngsters in the school. . B. ORAL 1. General Plan Committee Meetin~ Co~issioner Lively stated that he would like to set up a meeting of the General Plan Committee for Saturday, 13 June 1970. C~issioners Metcalf and Smith (members of the General Plan Committee) both indicated they would be. able to meet on the date suggested by Co~issioner Lively. 2. Drop-In Center Comissioner Lively inquired if the other Co~issioners had received unsigned letters relative to the Drop-In Center for Addicts under consideration by a group called Co~unications West, Inc... The: other' Commissioners indicated they had received such communications stating opposition to the Drop-In Center. Chairman Norton stated that it should be made clear that the Planning Co~ission cannot consider these letters since they are not signed. 3. Guests Chairman Norton acknowledged, with pleasure, the presence of Councilman Bridges, ~s. Ottenberg of the League of Women Votc:~', ~ ~:. Wilberding and Colonel Mayfield of the Good: Government Group. He} also, thanked ~s. Wilberding for the coffee t0, be served after the meeting. IX. ADJOUR~NT ........ : .' ...' Chairman Norton ·adjourned the meeting at 8:48 P.M. Respectfully submitted, Saratoga Planning Commission j -6-