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HomeMy WebLinkAbout07-27-1970 Planning Commission Minutes CITY OF SARATOGA PIANNING CO~,R'~IISSION MINUTES TI~E: Monday, July 27, 1970, 7:30 P.M. pLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting ~ I. ROUTINE ORGANIZATION The meeting was called to order at 7:43 P.M. by Chairman Norton. A. ROLL CALL Present: Conm~issioners Crisp, Lively, Martin, Metcalf, Norton and Smith Absent: Commissioner Kraus B. MIN'0TES The following corrections were noted in the minutes of 13 July 1970: Page 1, Item II, Paragraph 3, line 1 should read: "The Secretary stated that a con~nuniCation had been received on 1 July 1970 from the City Manager requesting the Planning Commission ....... " Paragraph 6, Line 2 should read "two members of the General Plan Committee" 'rather than "three.!'. Page 2, Paragraph 5, Line 2 should read" ...... asking for a network of bicycle paths in Saratoga, ...... "Item I. A. Paragraph 6, Line 2 should read "but their use might have made thro~gh traffic..' ......... "Last' paragraph should read: "Conm~issioner Crisp stated that there-was a total of 721 actual or prospective apartments in Saratoga and the Cormnission felt that this was sufficient. If the property remains as discussed, it will mean another 35 or 40 apartments could be built without a change of zoning." Page 3, Paragraph 6, Ijine 3 should read "Campbell Cage Factory.." Page 5, Paragraph 1, Line 6 "City is not the last to know when a School District intends to get rid of land that it holds in fee si~ple." Item V. Par'agraph 2 changed to read: "Chairman Norton asked if' the General Plan Cormnittee ~ad considered the C~uncil's request that no cb.~.~:'~gc~ be made in the General Plan provisions for parks at this time. Con~_.'~issioner Metcalf stated that the Council's request had not reached the General Plan Committee in time. Chairman Norton asked the General Plan Committee to take this request into consideration". Item VI, Paragraph 7, should read: "Chaimnan Norton closed the Public tlearing for the evening .... "Page 6, add to Paragraph 5 "If slope density standards were applied, the developer would be limited to 32 to 33 lots". parao&raph 13 sho.uld read: "The majority of the Commission felt that they should act on this matter at this meeting." Page 7, Paragraph 5, Line 5, delete "so we couldn't make that requirement in accord with the Ordinance."' Page 8, Paragraphs 1, 5, and 9 changed to "Public Hearing closed for the evening at..."Item IV,. Line 3, should read "asked the Commission to serve. as a connnittee of the whole for DeSign Review Purposes". Page 9, Item V, last sentence add "to attend". Last .P. age, Line 2 should read "building formerly known as the old Westhope Church Building'...." Also note that aI representative of the VB~ did appear at the meeting. Moved by Connnissioner Crisp fo~ approval of the minutes subject to the corrections which have been made and that the reading be waived, seconded 'by Commissioner Metcalf. Cormn~ssioners Smith and Lively' abstained. Motion carried. II. PUBLIC HF~RINGS A. GENERAL Pb~N REVI[~,,~ FOR 1970 - Continued from 13 iluiy 1970 Chairman Norton opened the Public Hearing at 7:57 P.M. The Secretary noted one communication from Alfred F. Dt,mas, 1474 Nome Court, Saratoga requesting that his approximately 6 ac~es of triangular land fronting on Prospect Road and bounded by the proposed Freeway ~85 on one side and a creek on the other be revised .from R-1 zoning to one of the following uses: Planning Co~mnission Minutes - July 27, 1970 - Continued (1) Connnercial, as a hotel site. (2) Professional-Administrative. (3) Apartments - allowing a town house development.~ Chairman Norton referred the connnunication to the General Plan Cormnittee. He noted that the Committee wo~ld be meeting on July 29 and suggested that interested parties contact the Planning Department to arrange to attend. · He stated that the Commission hopes for a report from the General Plan Committee at the next meeting and copies will be available and comments welcome. There were no co~r~ents from the audience. Chairman Norton closed the Public Hearing for the evening at 8:04 P.M., continued the matter to the next regular meeting and referred it to the General Plan Connnittee. B. UP-187 - Shirley Miller, Fifth Street Request for a Use Permit to Allow a Pre-School Nursery - Continued from 13 July 1970 Chairman 'Norton opened the Public Hearing for the evening at 8:05 P.M. TIle Secretary stated that this matter was conti ued pending review Of 'the·· n .... General Plan. However, Mrs. Miller has submitted a request. to withdraw it. Moved by Connnissioner Smith to grant Mrs. Miller' s·_~.e·quest for withdrawal in the case of UP-187 and terminate· t-he proceedings, seconded by CommiSS·_i0n~r .C·ri.sp; motion carried una~irn0Usly. ' .............. . ........ ' ...... C.· UP-189 James R. Davi, Souza Lane - Request for Use Permit to Allow a Convalescent Hospital - Continued from 13 July 1970. Chair. man Norton opened the Public Hearing for the evening at 8:06 P.M. The Secretary stated that there were no new conununications. Con~nissioner Smith stated that the SubdiVision Committee had met With Mr. Davi and his representative from the finance company. The Staff Report confirms these findings based on statements made by Mr. Davi and. Mr. Dacon. Mr. Davi was present and stated he had nothing to add, however, he'was willing to answer any questions that the Cormmission may have. In response to a question from Chairman Norton with regard to the widening of Souza Lane, Mr~ Davi responded that the engineer's plans have been accepted. The conflict seems to be due to a parcel of property that was evidently overlooked in reserving the right-of-way. Mr. Davi stated that at the time he submitted his original plan the Council and Planning Commission mentioned that they would assist in obtaining what- ever was necessary for appropriate widening. Commissioner Lively wished to clarify that this was a new appli'cation for Use Permit. The Pianning Director stated that this parcel would not be affected by possible freeway construction. Con~nissioner Lively referred to Condition (f) of the Staff Report dated 27 July 1970 and asked whether the staff or Subdivision Committee felt this would endanger the large, remaining. eucalyptus tree. Mr. Walker pointed out that the applicant would be required to apply for Building Site Approval and Design Review and Chairman Norton suggested adding Condition (h) The remaining eucalyptus tree not to be removed. With regard to a question from Cormnissioner Martin as to whether a 33' width would be sufficient to have cars park on both sides of the road, Mr. Walker stated that this is the minimum street width with parking lanes. The main reason for the 33' rather than 36' is because of tile availability of the right-o~-way which could be acquired by the applicant. Th'e standard is two 9' lanes for travel ·and 7~' each "· a on side for a parking lane. Chairman NortOn noted that parking regulations are usually decided by the City Council and the Planning Director stated that Souza Lane will be dedicated for a public street after this. - 2 - Planning Connnission Minutes - July 27, 1970 - Continued Moved by Conunissioner Smith, seconded by Commissioner Lively to close the Public Hearing.. Motion carried unanimously; Public tlearing closed ~t 8:18 P.M. Moved by Co~issioner Smith that the Staff Report dated 27 .July 1970 in the case of UP-189, James R. Davi, Sousa Lane request' for 'Use Permit to allow a convalescent hospital be granted subject to conditions of the report as amended, seconded by Co~issioner Crisp; carried unanimously. D. UP-190 - Bryce Baker, Saratoga Avenue - Request for Use Permit to Operate a Nursery School in Church Building located at 12850 Saratoga Avenue Chairman Norton opened the Public Hearing at 8:20 P.M. The Secretary stated that the Notice of Public Hearing was mailed, however, the applicant had submitted a letter requesting withdrawal since the Church has decided that they cannot allow the operation of the nursery school in the church building. Moved by Commissioner Smith that the Connnission allow withdrawal and terminate proceedings in the case of UP-190, seconded by Commissioner Martin; carried unanimously. E. UP-191 - Brown & KaUffman, Brockton Lane - Request for Use Permit to Allow a Model~ Home Sales~Office Chairman Norton opened the Public 1learing at 8:22 P.M. The Secretary stated that the Notice of Public Hearing was published and the applicant requests a model.~home sales~-office on Lot 46 of Tract 4573 on Brockton Lane. This is actually a re-location from the original sales office on Miller and Brockton. There were no communications on file. The Secretary read the staff report dated 27 July 1970 and noted one change in the last line under item (5) Parking for this Sales Office shall not interfere with the convenience of normal activities.or surrot~nding subdivision homes. Co~issioner Martin referred to the history of the original application which in- volved a good deal of landscaping around the house and entrance to the subdivision. Part of the agreement on the landscaping was that Brown and Kauffman submit plans to the Prides Crossing Homeowners Association, who had agreed to maintain it after Bro~ and Kauffman moved out. There was also some agreement with regard to the water and lighting system. To Mr. Martin's knowledge, Brown and Kauffman 'had not lived up to the agreements and the matter has been discussed repeatedly by Prides Crossing Homeowners Association. Brown and Kauffman have not provided an independent water system or l~.ghting. The Planning Director stated that it was true Ero~ and Kauffman had made comnitments to do this and have been working on it but have not produced any results to date. Co~issioner Metcalf referred to a separate but related matter and asked the Design Review Conmittee to look at Exhibit "B" in connection with some additional structures. Ed McLaughlin spoke from the audience pointing out that the sales office is already in use. Chairman Norton continued the mat'ter to' the next regul. ar meeting and asked the staff to check compliance with SUbdivision c~nditions.' He ~sl(ed the secretary to notify the applicant that the structure shown on Exhibit 'B Should be' Submitted 'tb DeSig~ ....... Review Co~ittee. Public Hearing closed for the evening '~'t 8:32 P.M. F. V-348 - Ditz-Crane,Goleta Court - Request for Variance to Allow a Reduction in Front Yard Setback Requirements Continued from 13 July 1970 Chairman Norton opened the Public Hearing for the evening at 8:33 P.M. He noted that this was a cul-de-sac in which two houses are so constructed as to intrude on the front yard setback. Planning Con~nission Minutes July 27, 1970 - Continued The Secretary stated that there was nothing new on the file. No one from the audience wished to be heard. Co~mnissioner Crisp read the Variance Con~nittee report dated 27 July 1970 and noted one change in the subject which should read "Front Yard Set Back Re,quirements". Moved by Con~missioner Crisp, seconded by Conunissioner Metcalf that the Public Hearing be closed. Motion carried unanimously. Public Hearing closed at 8:36 P.M. Moved by Commissioner Crisp that the report of the Variance Committee in the case of V-348 be approved, the required findings be made and the variance granted, seconded by Con'~nissioner Martin; motion carried unanimously. G. V-349 John Wallace, Lumbertown Lane ReqUest _for Variance to Allow a Reduction in Site Area - Continued from 13 July 1970 Chairman Norton ~pened the Public Hearing at 8:38 P.Mo The Secretary stated that there were no new conmaunications. The applicant was present but did not wish to make a state- ment. He was prepared to answer any questions from the Commission. The Secretary read the S-~aff Report dated 27 July 1970 and Chairman Norton suggested that the applicant consult with his own attorney with regard to the legal procedure for such a conveyance. Moved by Coxmnissioner Crisp, seconded by Commissioner Martin to close the Public Uearing. Public. Hearing closed at 8:43 P.M. Moved by Congnissioner Crisp for approval of staff report dated 27 July 1970 in the case of V-349 reco~nnending denial of the variance, seconded by Conmaissioner Martin; motion carried unanimously. H. INFOR~iAL tlEARING Veterans of Foreign Wars Post ~7390 - Request to Add Meeting Hall as a Permitted or Conditional Use in the C-N (Neighborhood Con~nercial) Zoning District Chairman Norton stated that this was referred to during the' last meeting. The use of meeting hall is permitted in other co~n~.ercial zones but is not permitted in this one. The Commission has the power to add a use consistent with the purposes of the zoning district, and are asking for public reaction to this proposed ~:se in the Quito Shopping area. The Secretary stated that there were no comn~nic~tions on fi-le. A representative was present but did not wish to make a statement at this time. Chairman Norton referred the matter to the Subdivision Con~nittee for report at the next regular meeting and invited the representative to meet with the Subdivision Conm~ittee. He closed the Informal Public Hearing for the evening at 8:45 P.M. III. BUILDING SITES I.~ SUBDIVISIONS A.SDR-859 Roger W. Ross, Saratoga Hills Road - Building Site Approval 1 Lot Without objection, Chairman Norton continued this matter to the next regular meeting. ! B. SDR-860 - W.R'. Hamsher, Old Tree Wayc - Building Site Approval - 1 Lot The Secretary stated that this was a revival of a Building Site which received tentative approval some years ago and has never been built on and therefore final site-approVal expired. The only significant conditions are the undergroundin.g .of utilities and payment of park and recreation fee. The rest of the specific conditions would apply when the house plans are s~:bmitted for Building Permit. The applicant has seen the conditions and has no conm~ents. In response to a question from Conm~issioner ~ietcalf, 'the Secretary stated that in this case the buildable area does not fall within the Tree Removal Ordinance. Once a tree is shown on a map it is not to be cut do~,zn, and the applicant will be required to get approval for the site plan before he can obtain a permit through the Buil. lding Depart~nent. - 4 - Planning Con~nissioner Minutes - 27 July 1970 -l Continued The applicant was present and noted ti-~at it would be necessary to remove the Walnut tree. Chairman Norton requested the Secretai~y to review the language 'of NS-5, Part 2, Section 3.8. .. Moved by Co~m~issioner Smith that the ~eport of the Building Site Comnittee of 27 July. 1970 on SDR-860 be accepted and that the tentative map (Exhibit "A" filed 17 July 1970) be approved subject to the general conditions and specific conditions A through F of the report, seconded by Co~issioner Crisp; motion carried unanimously. C. SDR-861 - Conrad Stieber, Prospect 'Road Building Site Approval - 1 Lot Without objection, the Chairman continued SDR-861 to the next regular meeting. IV. DESIGN REVIEW A. A-304 - Sacred Heart Church, Saratoga Avenue - Review of Final Landscape Plans Commissioner Metcalf read the Staff Report dated 27 Jnly 1970 and noted a change in the final paragraph to read: "Front concrete screening wall to be an arc of radius concentric with the radius of the wall of the Church. In other words,. said wall should blend in with the configuration of the present church building wall." Moved by Con~missioner Metcalf for acceptance of the Staff Report in' the case of A-304, and that Final Design Approval be granted on the basis of Exhibit "E" and subject to the conditions as stated in the staff report, seconded by Co~kmissioner Smith; motion carried unanimo~sly. V. CITY COUNCIL REPORT Commissioner Martin summarizM items of interest considered at the City Council meeting on 15 July 1970. VI. OLD BUSINESS A. SDR-846 j Charles Guichard: Wardell Road - Request for Reconsideration of Condition - Referred to Subdivision Con~nittee 13 July 1970 The Secretary stated that the applicant is ~oing to drop his pIans for extensive remodelling on this property, and therefore requests that this matter be continued indefinitely until he either revises his plans or withdraws his request for site approval. Withou~ objection, Chairman Norton directed that the matter be dropped from the Agenda without further action. B. Wells Fargo Bank, Saratoga-.Los Gatos Road - Request to use Oak Street Exit Gate for Ingress and Egress Referred to Subdivision Co~itee 13 July 1970 CoEissioner Metcalf read the staff report dated 27 July 1970 and stated that the driveway' on Oak Street was left wide enough to permit two way traffic, and as a result the people are nsing it in this way. The original intent was to cut down the number of people ~king left hand turns off Saratoga-Los Gatos Road onto Oak Street. This has not been a problem. Comnissioner Metca~ suggested that the final paragraph be changed to read: "Change wording and direction of arrows wherever appropriate in order to reflect new traffic flow. No additional signing to be ins'tailed." Moved by .' Comnissioner Metcalf for adoption of Staff Report in the case of A-276 and that the changes to the traffic pattern at WelIs Fargo Bank be a~thorized subjedt to the conditions stated in the report as amended, seconded by Commissioner Lively; motion carried unanimously. Planning Connnission Minutes - 27 July 1970 ~ Continued VII. NEW BUSINESS - None VIII. COb~IUNICATIONS A. WRITTEN " 1. Letter from Connnissioner Lively expressing his strong objection to the Saratoga Foothills Development Corporation change of zoning from R-I-40,000 to R-I-40,000 P-C and stating that it was his impression that no action would be taken on this matter until the General Plan had been reviewed. Chairman Norton referred to the second paragraph of Co~mnissioner Lively's letter and stated that the reason for postponing the action was in regard to proposal.s-for widening _Fr.ui.t~ale. Avenue and_ that the General Plan Committee had already made their reconm~ex~dations on this. He was aware of no commitment with regard to July ].3. He asked the Secretary to fon.~ard this communication to the City Council for their consideration when acting on C-130. B. ORAL 1. Mrs. Joanne Cooke a resident of Ashton Court asked whether there was a time limit with regard to landscaping of churches. Chairman Norton replied that when a building is constructed there is a design review where layout, landscaping, parking, etc. are considered. Each project has a series of requirements. There are usually time limits. With regard to a particular church, it is possible to consult the file in the Planning Department. Specific provisions for planting, parking, etc. would be set forth in th~ file. ADJOUR~'IENT Chairman Norton acknowledged the presence of Mrs. Stark of the Good GOvernment Group, who would serve coffee in the lobby foIIowing the meeting and declared the meeting adjourned at 9:28 P.M. Respectfully submitted Secretary to the Co~nission .-r