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HomeMy WebLinkAbout09-14-1970 Planning Commission Minutes CITY OF SARATOGA PLANNING CO~MISS'ION MINUTES TIME: Monday, 14 September 1970, 7:30 P.M~. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: Regular Meeting I. ROUTINE ORGANIZATION The meeting was called to order by Chairman Norton. A. ROLL CALL Present: Commissioners Crisp, Ktaus, Lively, Martin, Metcalf, Norton, and Smith. Absent: None. B. MINUTES Commissioner Smith moved, seconded. by Commissioner Lively, that the reading of the minutes of the 24 August 1970 meeting be waived and they be approved as distributed to the Commission; motion carried unanimously. II. PUBLIC HEARINGS A. ORDINANCE AMENDMENT - Amendment to Ordinance NS-3 Relating to Time Extensions Under Conditional Zoning Classification - Continued from 24 August 1970 Chairman Norton re-opened the hearing at 7:36 P.M. The Secretary stated nothing new had been added to the file. '~'~a'irma'~' '~t'on ~plained'that="'the p~0posed "am'en~m'en~" '~Uld "(aft'er'th~' ~'i'a~n'~ng · Commission.._.r.e._C~m?_n_ds a...time limit on wh_i_.Ch_.._~..o..n_.s_.t.~..u.~.t,~gp..o_n a .conditi. ona:.!..~y .... ...=- .......... "~:~'d pi'~e of property must' commence) subsequently allow the City Council 'fe.'0~ .'.~_ha.n_'gj~ ."i~he' 't._im.e -limit '-if' they "fee 1 it "i~' "Whr~ante"d ,~ W~t'h0ut' C0mm'i'~'S ion consent. The Assistant Planner read the Staff Report dated 14 September 1970 recommending that the .subject ordinance amendment be approved and forwarded to the City Council for its consideration. Chairman Norton, in answer to an inquiry from Commissioner Metcalf, stated .... that the amendment has been proposed as a result of the' request ~or exte'nsion relative to the conditional zoning on the former Abrams property where the City Council felt a longer extension was warranted than was granted by the Planl~ing Commission. Commissioner Metcalf emphasized that since he is a member 'of a body which is about to vote on an amendment to recommend reduction to its own powers he wished to go on record as opposing same and intends to vote against adoption of said amendment. Commissioner Lively commented that 1) the amendment as proposed indicates that it would make no difference what recommendation the Planning Commission would make since it could automatically be changed by the City Council under th~ proposed ordinance amendment 2) he felt an affirmative reconLmendation from the Planning Commission would be a good thing rather than having a reversal or change in Planning Contmission decisions 3) the Planning Commission spends a great deal of time hearing applicants requests and the thoughts of the Planning Commission on such matters should be respected and 4) the affirmative recommend- ation should b~ retained in the ordinance as it now stands. -1.- Planning Commission Minutes 14 September 1970 - Continued II. A. ORDINANCE AbZNDMENT - Continued Chairman Norton explained thatll) the ordinance does require the Planning Commission to make a recommendation relative to the subject time limits and 2) the City Council can alter'any decision of the Planning Commission "except the conditional zoning time limit extension and the proposed '~di'nance would '~nable them to do this. Commissioner Smith. moved, seconded by Commissioner Metcalf, to close the hearing at 7:43 P.M.; motion .carried unanimously. Commissioner Smith moved, seconded by Commissioner Crisp, that the Staff Report dated 14 September 1970 be adopted and the ordinance amendment to Ordinance NS-3 relating to time extensions under conditional zoning classification be approved and forwarded to the City Council as the recommend- ation of the Planning Commission; motion carried with Commissioners Lively and Metcalf voting no. B. UP-186 - Lawrence E. Fordyce, Saratoga Avenue-Fruitvale Avenue - Request for Use Permit to Allow a Convalescent Hospital - Continued from ll.May 1970 The hearing relative to UP-186 was re-opened at 7:45 PoM. The Secretary stated that a new Notice of Hearing was mailed. Commissioner Smith stated that this matter had been continued until after the General Plan Review since the Master Plan Map shows the property as a park site and because of other pending apRl~cations for convalescent hospitals; which, have since been acted upon by._the. Planning CommissiOn. Mr. Stan Elliott, applicant's archite.~t?. stated that a full presentation of the subject proposal was made in May 197~ a.~d the m~.~'~wa.s ~o~tpon~d .until ...... "'af[~r' .the"Gen'eral Pl'an' Review. Chairman Norton stated that 1) the General Plan has now been resolved by the Planning Commission and the City Council will act on it ~fter they hold public hearings and as far as the Planning Commission recommendation is concerned the property is still a park site and 2) he would suppose the City Council would'not be inclined to change the designated park site. Mr. Elliott stated that 1) the subject property is a nice sized piece of property for the proposed use 2) the building Wo'~i~ occupy 30% of the site 3) it is felt that the subject hospital use for'the property would allow maintenance of open-space with landscaping and provide a buffer between the Civic Center Complex and the subject property. Chairman Norton inquired if the traffic at the intersection of Fruitvale Avenue and Saratoga Avenue would affect the ingress and egress to this development, create excessive noise, etc. Mr. Elliott explained that he did not feel that the ingress and egress would be affected by this intersection since the entrance to the develop- ment would be situated at another location. }~s. Amy Jean Jorgenson, present to represent Mrs. Jean Currier,(owner- of the property across the street from the proposed development for many years) stated that Mrs. Currier would be happy to see the proposed develop, ment in this location and prefers same rather than a park site and 2) Mrs. Currier feels that a facility,.such as the one proposed, is needed for the Senior Citizens of the City of Saratoga. Planning Co~nission Minutes - 14 September 1970 - Continued II. B. UP-186 - Continued Mr. Kerwin, 13616 Fruitvale Avenue, stated that he would like to go~'· on record as approving the subject proposal in preference to a park site. Commissioner Smith, in answer .to an inquiry from Chairman Norton, recommended that this matter be continued until after the City Council completes its public hearing for 1970 General Plan. Chairman Norton closed the hearing for the evening at 7:54 P.M., referred UP-186 to the Subdivision Committee, directed same continued off the agenda until after the City Council completes its study of the General Plan for 1970 and requested the Secretary to publish a new notice at the appropriate time. C. UP-191 - Brown and Kauffmann,·Brockton Lane - Request for Use Permit to Allow a Model Home Sales Office - Continued from 24 August 1970 Chairman Norton re-opened the.hearing at 7:55 P.M. The Secretary stated nothing new had been added to the file. Mr. Sam Kauffman, president of Brown and Kauffman, was present and stated 1) the sales office was closed the morning after the last Planning Commission meeting and they have been operating in the old model home sales office and· 2) he met with the Subdivision Committee and has prepared, at their reques. t, some drawings for a parking lot and have arranged for bond to cover conVer- sion '0f'~he .~UbjeC[ S~'ies ~he subdivision. Chairman Norton thanked ~. Kauffmann for his cooperation in connection with this matter. Mr.. Jim Naugle, i2072 Ingrid Court, stated he would like to discuss with Mr. Kauffmann the execution of the agreement made with Bro~ and Kauffmann and the Prides Crossing Homeo~mers Association relative to the entrance way at Cox and Miller Avenue. }~. Kauffmann stated that the l·~·~aPe ..... plans for the subject entry way · were ready for submittal and the electrical and plumbing work has been completed. Commissioner Martin pointed out that Mr. Kauffmann, under UP-165 approval, was required to obtain a letter from the Prides Crossing Homeowners Association and furnish the City with a letter stating that a legall'y permanent sign has been completed at the entrance to Prides Crossing. Chairman Norton informed that'the requirements of the Prides Crossing Homeowners Association are legally unenforceable by the Planning Conmission; however, it would be courteous if the Prides Crossing Homeo~ers Association and Brown and Kauffmann could come to some agreement. Commissioner Martin pointed out that 1) problems did arise because the meter box at the entrance to Prides Crossing was not installed properly by the applicant and 2) the lights on one side of the entrance are on one 'meter and the lights on the other side are on another meter and this could involve quite an expense'over a period of time. Chairman Norton stated that the requirements of UP-165 are not involved with the subject application UP-191'and he felt that it was satisfactory that the applicant did make some progress to clear up ·the misunderstandings that have occurred. ~. Kauffmann stated that 1) the Planning Commission can count on the cooperation of Brown and Kauffmann in clearing up the misunderstandings and 2) the work and material. on the entrance was a_voluntary ·contribution on the part of the applicant. -3- Planning Con~nission Minutes - 14 September 1970 - Continued II. C. UP-191 - Continued Commissioner Martin stated 1) he is not opposed to granting approval for UP-191, but he does believe that the requirements of UP-165 should be met by the applicant prior to approval of UP-191 2) the landscaping has not been completed at the entrance and Brown and Kauffmann enjoyed the use of the model home sales office approved under UP-165 and if that Use Permit terminates then the requirements will, also, terminate if the applicant is not made to complete them. The Secretary explained that the landscape requirement is covered under the applicant~s subdivision approval and can be enforced under that appli- cation. Chairman Norton explained that enforcement of these matters is primaril7 a matter for the Planning Director and not up to the Planning Commission. Mr. Naugle stated that 1) he was speaking as an interested private citizen 2) a requirement of UP-165 was that the lighting for the entrance sign was to include two bulbs not to exceed 100-watts and he felt the applicant should be made to comply with =same 2) the people in .the Prides Crossing area are proud of their homes and like to use the subject entrance. sign to direct visitors and 3) the sign should be of a more permanent nature where the letters do not fall out and lie on the ground. The Secretary explained that the applicant is responsible to maintain the sign in good order and if 'he does not then the City can take steps to have the applicant do so or have it done for him. Chairman Norton stated that there have been many subdivision signs but none of them are really permanent indefinitely. The Secretary explained that tlhe applicant did obtain Fina.1 Design Approval for the entrance sign at Prides Crossing and he is r~aSonably sure that there was nothing specific as to the number of' bulbs. ~. Kauffmann explained that 1) on the landscape plans there are some permaneB~.- light fixtures sho~,~n for the subject entry-way 2) the light fixture and bulbs are frequently stolen and there has been considerable vandalism in connection with the lettering on the signs and 3) the applicant intends to adjust the lighting and is trying to come up with some fixtures that will discourage future thefts. ~[r. Kauffmann, in answer to an inquiry from Commissioner Martin, stated. that 1) the fencing in the perimeter of the Cox Garage has been completed where legally permitted; however, Brown and Kauffmann is still working on acquisition of the remaining unfenced property and 2) the landscaping will,' also, be completed when the le. gal details are worked out . The Assistant Planner read the. Staff Report dated 14 September 1970 recommend- ing that LrP-191 be approved. Commissioner Metcalf recommended that a time limit be included in Item 7 · in the subject Staff Report regulating the time of installation of the off-street parking spaces. The Secretary stated that line 1.. .of Item 7. . .could be changed to read as follows: "Provi'd~"'(wit~in"[hirt~"(30)'~a'y'~')"~'~'~"'('iO) 0ffistreet' p~r~'ng spaces, etc." CommiSsioner" Smith moved, sec6nded' by C6mmiSsioner' Li~el~'~' t'o CloSe hearing at 8:17 P.M.; motion carried unanimously. Con~-nissioner Smith moved, seconded by Commissioner Kraus, that the Staff Report dated 14 September 1970 be adopted, as amended, and a Use Permit to allow a model home sales office be granted for a period of one (1) year shown on Exhibits "A" and "B" and subject to the Conditions stated in said report; motion carried unanimously. Plannin~ Con~.ission Minutes - 14 September 1970 - Contint, ed II. D. UP-192 - St. Patrick Fathers 'Missionary Society, Eric Drive - Request for Use Permit to Allow a Priest Parish House - Continued from 24 August 1970 The hearing relative to UP-192 was re-opened at 8:19 P.M. The Secretary read a corm~aunication filed in support of the subject application by Mary and-Charles Darcy. ~. John Richter, 12127 cand~ ~ne, stated that 1) he represented the applicant 2) the Planning Commission has all the information relative to this matter an~ requested that some decision be made at th'~ earliest possible time and 3) he and other interested' CitiZens woul~ like to keep the Fathers as residents of [he area. Co~issioner Smith rea~ the Subdivision Committee Report dated 14 Sep.tember recommending that the subject Use Permit (UP-192) be denied. Co~issioner ~rtin stated he did visit the subject residence and found the business conducted by the Fathers to be only incidental to the residence. -Chairman Norton stated that _if..the applicant did not employ a Secretary in their residence t~n the..us~ coul~ qualify as a Home Occupation. Commissioner Martin stated that 1) under a Use Permit restrictions could be enforced 2) he felt that 'a Use Permit might be grante~ for this request with the condition that no classes be conducted in the residence an~ the garage not be altered. Chairman Norton state~ he must agree with the Subdivision Co~ittee that any expansion of church operation beyond the large site already approved under an existing Use Permit would be undesirable. Chairman Norton, in answer to an inquiry from Commissioner [~rtin, state~' that the applicant's Secretary could perform her duties in the farm house ..... ~"i~a'~d"' on the Church of Ascension property since that would be consistent with the church Use Permit. Commissioner Smith stated that the entire operation could be moved to the farm house on the church property and a Use Permit would not be necessary. Commissioner Metcalf stated that it is his feeling that if the subject Use Permit were granted the Planning Commission would have no future basis for refusing any application for any similar Use Permit for any non-profit organization in the City; therefore, h~.agrees_with the Sub- division Committee reco~enc~ation for denial of UP-I92. Father Dillon stated that the house-keeper-secretary does not live at the residence with the priests. ~. C. K. McAlister,12313 Mabel Court, inquired whether the Planning Co~ission is, in effect, saying that if the secretary no longer worked in the house there is no reason for a Use Permit? Chairman Norton answered that 1) if '.the actual business ~.~ere conducted on · the Church of Ascension property the use would be legal under the church Use Permit and 2) the Commission feels that enough area is already committed to church use in this one residential area. ~. John Richter stated that 1) whatever the Fathers do or wherever they are they are doing their work because it is as much a part of their lives as anything else they do 2) he did feel the Planning Commission did not fully understand this and 3) . after a request for a show of hands it was determined that quite a number of people were present in favor of granting the subject Use Permit. }~. John W. Power, 12150 ~isty ~ne, stated that 1) a man doing some of his business in his home and his wife doing some of his secretarial duties would not be considered unlawful and 2) there are probably home offices in at least nine (9) out of ten (10) homes in Saratoga. -5'- Planning Commis s - 14 September 1970 inued II'. D. UP-192 - Continued Chai. nnan Norton read fr0m...Art.,ic_l_e .12 of Ordinance NS-3 (Zoning Ordinance) and....S.aid that a resident could be employed in a home office ..... He further ..expl_ai~ed_..that.' .t_h_..~._Planning COmmission must make a.._decision relative to UP-192 on the basis of the Zoning Ordinance requirements. ~s. John Richter .wondered if. a volunteer group did the work for .the Fathers would it be considered illegal without a Use Permit? Chairman Norton explained that 1) a specific ruling relative to volunteer help should be obtained from the City Attorney and 2). the applicants might consider obtaining an opinion from their o~ attorney as to whether volunteer workers are considered employees. Commissioner Lively stated that the Commission is faced with a residential use of the property on one hand and a business type use in a residential area on the other hand and after careful consideration he must agree w{th the Subdivision Committee recommendation that the requested USe Permit be denied. Commissioner Smith moved, seconded by Commissioner Metcalf, to close the hearing at 8:45 P.M.; motion carried unanimously. Commissioner Smith moved, secbnded by Commissioner Metcalf, that the Subdivision Committee Report dated~l-4--~September 1970 be adopted and the requested Use Permit (UP-192) be/denied since the findings of Section 16.6 of Ordinance NS-3 cannot be made~;--mot'ion carried with Commissione~ Martin voting no. E. UP-194 - Noorudin Billawala, Sousa lane - Request for Use Permit to Allow a Convalescent Hospital The Chairman opened the hearing at 8:47 P.Mo The Secretary stated the Notices of Hearing were mailed and then briefly reviewed the subject appli- cation. Mr. Sanford Berliner, applicant's attorney, stated that 1) he would like to request a three (3) weeks continuance for UP-194 since all the material relative to this .application is not ready at this time. Chairman Norton inquired if the plan in the file UP-194 is the same map as originally submitted? Mr. Berliner stated that it was and it is outdated since it still reflects the medical offices which are no longer proposed as ~art of the subject development; therefore, a continuance to 13 October 1970 is requested in order to allow time to prepare new plans. Chairman Norton, in answer to a member of the audience, stated that"when the new plans are completed they will be available in the City Offices for review. Mr. Berliner advised that he would be happy to supply any interested neighbor with a set of plans if they left him their names and addresses. Mr. John Hampton, 13402 'Sousa. lane, stated that 1) their street is now called Sousa lane, but if any more hospitals are proposed for location on the street it may be better to change the name to Hospital Row and 2) he is wondering if something will be done to protect the interests of the residents of Sousa lane. -6- .l'lannin~i Commission ~ inutes - i4 September 1970 - II. E. UP-194 - Continued Chairman Norton recommended that, since public hearings are held to dicusss such matters, the interested residents of the area should attend the public hearings to keep themselves informed of what developments are taking place. He further stated that the Subdivision Conm~ittee will meet to review this application and anyone .intereste~ in meeting with the Committee should contact the Secretary to arrange an appointment. Chairman Norton closed the hearing for the evening at 8:55 P.M., directed UP-194 continued to the ne:~t regular meeting and referred same to the Subdivision Committee for study. F. UP-195 - C & I Development, Paramount ~ive and Highway 85 - Request for Use Permit to Allow a Model Home Sales Office The hearing was opened at 8:5'6 P.M. The Secretary stated the Notices of Hearing were ~iled and briefly reviewed this application and added that this is a very standard type Of application for a model home. sales office. No one in the audience wished. to comment relative to this matter. The applicant was not present. Chairman Norton closed the hearing for the evening at 8:58 P.M., directed UP-195 continued to the next regular meeting and referred same to the Subidivision Committee for study. G. UP-196 - Cal-West, Saratoga Avenue - Request for Use Permit to Allow a Model Home Sales Office Chairman Norton opened the hearing at 8:59 P.M. The Secretary stated the Notices of Hearing ~ere ~iled and explained that this model home sales office ~.~ill be located in the comasunity center of this development. ~. Warnick, president of Cal-West, was present and stated that he had no further comments, but would be happy to answer any questions members of the Commission might want to ask. No one in the audience x~ished to comment relative to b~-196. Chair~n Norton closed the hearing for the evening at 9:01 P.M., referred UP-196 to the Subdivision Committee for study and directed same continued to the next regular meeting. V-351 - St. Patrick Fathers Missionary Society, Eric Drive - Request for Variance to Allo~.~ Conversion of the Existing Garages for a Study - Continued from 24 August 1970 The Chairman re-opened the hearing at 9:03 P.M. Mr. John Richter, 12127 Candy Lane, stated that this request is separate from UP-192 and since the use of a study in a home is normal he would request that the subject Variance be granted. Mr. Richter, in answer to an inquiry from Chairman Norton, further stated that the Planning Commission is in possession of all the facts relative to V-351 and he did not care to rehash them again; furthermore, he cannot completely describe the remodeling of the subject garage. Mr. Wheeler, treasurer for St. Patrick Fathers, explained that 1) two-thirds of the garage is proposed for the study area 2) the doors of the garage are left as is 3) the residence does have a three car garage and 4) the appearance of the exterior of the house will not be altered by the requested Variance. Mr. Madhu Desai, of .19499 Eric Drive, stated that 1) he would like to make it clear that the petition submitted at the meeting of 24 August 1970 and signed by seven residents of the area should not have been read in connection with UP-192 2) said petition was intended to voice opposition to -7- Pla~i'~i~8 CoL'i~issio~ I, lin~ 14 ScpLual{jc~: 1UTO - C~ II. H. °V-351 - Continued "' ~2351'and3) the residents of the area would like to see the Fathers remain in their homes; however, if they must employ a Secretary then they should transfer the activity to the Church of Ascension property. Chairman Norton closed the hea~ing for the evening at 9:10 P.M., directed ' V-351 continued to the next regular meeting and referred same to the Variance COmmittee for study. Commissioner Kraus, on behalf of the' Variance Committee, made arrangements with Mr. Richter for an on-site inspection of the property. I. V-352 - R. M. Klepinger, Lanark DriVe - Request for Variance to Allow Installa- ' tion of a Utility Pole - Continued from 24 August 1970 The Chairman re-opened the hearing at 9:11 P.M. The Secretary stated nothing new had been added to the file. The AssiStant Planner read the Staff Report dated 14 September 1970 recommending that V-352 be denied.. No one in the audience wished to comment relative to this matter. The applicant was not present. ~ommissioner Crisp moved, seconded by Commissioner Kraus, that the public hearing be closed at 9:14 P.M.; motion carried unanimously. Commissioner Kraus moved, seconded ~y~.Commissioner Crisp to adopt the Staff Report dated 14 September 1970 and d~By/the Variance to allow installation of a utility pole on the basis the findings required under Section 17.6 of the City of Saratoga Zoning Ordinance cannot be made for the reasons stated in said report; motion carried unanimously. J. V2353 - William Greathead, ~'~rie Lane - Request for Variance to Allow a Reduction in Side Yard Setback Requirements Chairman Norton opened the hearing relative to V-353 at 9:16 P.M. The Secretary stated the Notices of Hearing were ~ailed and explained that the primary reason for the Variance is due to the topography of the property. Mr. Ed Meyers, applicant's architect, stated that 1) the flat area of the property is not of sufficient size, without USinz the required side yard,.to allow for a pool and 2) when the" property is d~veloped the building site will be on the flattened area ava~i~ble leaving a steep drop-off at the end of the property with a 4-foot retaining wall. Chairman Norton rgcommended that, perhaps, the applicant should consider re-designing the plans for his house since Variances are not readily granted by the Planning Commission. Mr. David Tidder, representing an adjacent property owner, stated that 1) it is their opinion that the City of Saratoga has been fair in their previous requirement for a 20-foot side. yard setback in the subject area and 2) he wished to eipress opposition to the proposed Variance. Chairman Norton closed the hearing for the evening at 9:20 P.M., referred V-353 to the Variance Committee for study', and directed same continued to the next regular meeting. Commissioner Kraus, on behalf of th'e Variance Co~nittee, arranged for an on-site inspection of the property at 9:00 A.M. on Saturday, 26 September 1970. Planning Commission Minutes - 14 September 1970 Continued III. BUILDING SITES AND SUBDIVISIONS A. SDR-849 Thomas L. Dashiell, Bohlman Road - Building Site Approval - Revised Tentative Map 3 Lots Continued from 24 August 1970 Commissioner Smith recommended that SDR-849 be continued to the next regular meeting to await submittal of a revised map. Chairman Norton so directed. B. SDR-862 John A. Zabielski, Mt. Eden Road Building Site Approval - 1 Lot - Continued from 24 August 1970 Commissioner Smith .stated that the applicant has requested withdrawal for SDR-862. Commissioner Smith moved, seconded by Commissione~ Cr~.sp, that the request for withdrawal in c~ection with SDR~862.~be._approved; motion carried unanimously. C. SD-864'- Saratoga Foothills Development Corporation, Fruitvale Avenue - Subdivision Approval - 39 Lots Commissioner Smith recommended that SD-864 be continued to the next regular meeting to allow lime for further study. Chairman Norton so directed. D. SDR-865 - Jones and David~on, Quito Road Building Site Approval - 1 Lot Commissioner Smith advised that SDR-865 is a refile on a building site that was previously approved. The applicant was present'and stated he did review the proposed condi- tions of approval and expressed satisfaction with same. Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committee Report dated 14 September 1970 relative to SDR-865 be adopted and that the tentative map (Exhibit "A", filed 4 September 1970) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-866 - Donn R. Campion, Bohlman Road Building Site Approval - 1 Lot The Secretary explained that 1) the applicant did review the proposed conditions of approval and expressed satisfaction with same and 2) this building site application is for the remodeling of an existing residence. Commissioner Smith moved, seconded by Commissioner Crisp, that the Building Site Committee Report dated 14 September 1970 relative to SDR-866 be adopted and that the tentative map (Exhibit "A", filed 4 September 1970) be approved subject to the conditions set forth in said report; motion carried unanimously. F. SDR-867 - Dr. Herbert Kau~man, Vaquero Court Building Site Approval - 1 Lot The Secretary explained that the applicant has reviewed the proposed conditions of approval and expressed satisfaction with same. He further stated that this is a site that was originally approved as two seperate lots and the applicant is'treating it as one and 2) the one-lot treatment is better because of the road problems that exist is this area. -9-' Planning Commission Minutes - 14 September 1970 Con ~eo III. F. SDR-867 - Continued Commissioner Smith recommended:that in Condition II-L. .line 2. of the Building Site Committee.Report dated 14 September 1970 the word"proposed" be eliminated. Commissioner Smith moved, seconded by Commissioner Kraus, that the Building Site Committee Report dated 14 September 1970 relative to SDR-867 be adopted, as amended, and that the tentative map (Exhibit "A", filed 4 September 1970) be approved subject to the conditions set forth in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-353 - Saratoga Foothills Development Corporation, Saratoga Avenue - Final Design Review - Identification Sign for Apartment Complex The Assistant Planner explained that the applicant could apply for a temporary construction sign until the Zoning Ordinance is amended to allow more sign area for the type of complex constructed by the applicant. Commissioner Metcalf, in view of the foregoing, recommended that A-353 be continued. He further stated that 1) four-square feet is the sign area allowed for apartments; however, this appears to be inequitable for the identification of the applicant's apartment complex and 2) there is a condominium development adjacent to the aeplicant's property that does have a larger identification sign. Chairman Norton directed A-353 continued off the agenda until such time as the Planning Commission takes some action relative to a Zoning Ordinance amendment in connection with sign limitations for apartments. B. A-354 - saratoga' Parent Nursery School, Saratoga-Sunnyvale Road and Williams Avenue - Final Design Review - Identification Sign for Existing Nurse'ry School Commissioner Metcalf explained that the sign has already been put up on the basis of tentative approval by the Design Review Committee. The Assistant Planner explained that the size of the sign is based on the Zoning Ordinance requirements for public or private institutions~' He~'then read the Staff Report dated 14 September 1970 recommending that Final Design Approval be granted for A-354. Commissioner Kraus stated he objected to the size of'the subject sign and the lettering used on same. Commissioner Smith agreed that the sign did seem too large. Commissioner Crisp pointed out that the sign is located in a residential area . The Assistant Planner stated'that the applicant did have a small free-standing sign which was vandalized; thereafter, the applicant decided to put the sign on the building so it would not be so easily avaiable for future vandal s. Commissioner Lively explained that the Zoning Ordinance does allow a sign even larger than... the one proposed by the applicant. -10- Flanning Comm~.ssion Minutes - 14 September 1970 - Continued IV. B. A-354 Continued Commissioner Smith stated that.the Planning Commission could restrict the applicant to a smaller sign than that allowed by the ordinance. Th'e Assistant Planner stated that t~e sign is'Set back..apPrg.~i~a~ely 50' or 60-feet from Highway 85 with parking in the front of the building and the sign "n0t"really'~isible from 'the'highway.' ..... Commissioner Metcalf explained that th~ Design Review Committee did see the actual sign and on the basis of that they felt the sign was acceptable. Commissioner Kraus stated that if the Design Review Committee did see the sign and find it acceptable th~n he is willing to vote for its approval. Commissioner Metcalf moved, seconded by Commissioner Lively, to_a~p.pt the Staff Report dated 14 September 1970 relative to A-354 a~d grant Final Design Approval for the new identiffcation sign for the Saratoga Parent Nursery School as shown'on Exhibit "A" and subject to the conditions stated in said report; motion carried unanimously. C. A-355 - Tire Service, Pro.sl'z-ect Road - Final Design Review - Commercial Building Commissioner Metcalf explained that the construction block to be used for the subjec[ building will be yellowish in color. The Assistant Planner stated that the actual retail store area will be very mm.ll since most of the building is reserved for tire installation. He then read the Staff Report 'dated 14 September 1970.recommending that A-355 be granted Final Design Approval. Chairman Norton pointed out that the Design Review Committee has recommended that the blue trim shown on the exhibits be changed to brown. Mr. Stieber, architect, explained that the applicant does.prefer.the blue trim since it has proved most ~satisfactory in the past~. The Assistant Planner recommended that Condition (g)' of' the Staff Report be changed to read as follows: (g) Color of service bay doors and side entrance door~to be same as color of wood trim (dark brown). Commissioner Metcalf stated he did.look at the applicant's stores in Campbell and Los Gatos and found that the brown trim .throughout is much more attractive. Commissioner. Martin stated that he looked at the store in Los Gatos and he did not find the blue trim objectionable. Mr. Stieber, in answer to an inquiry from Commissioner Kraus, stated that the refuse area will be screened. Mr. Eaugle, speaking for the West Valley Beautification Coranittee in the .absence of Oskar Thurnher, stated that 1) they had occasion to review the plans for this development 2) it appears that the front glass will be 14-feet high and serve an another living sign 3) the glass should be cut down to a height of 8-feel and 4) the Final Design Approval should be held up until after the landscape plans are approved. Commissioner Metcalf explained that it is not the procedure to detain Final Design Approval until after the landscape plans are approved. -11 - Planning Commission Minutes - 14 September 1970 - Continued IV. C. A-355 - Continued Mr. Jim Naugle stated that 1) the West elevation exposure of the subject building is a blank wall very much like the one on the Grand Auto building and it could be improved by planting or using some material other than concrete 2) the front setback of the building ..'is inadequate and the roof!line is not very eloquent 3). the blue doors, as proposed, will be garish 4) San Jose has allowed this type of building in their areas adjoining Saratoga 5) the Beautification Committee has had some success in up-grading the area and the Safeway Store has been very cooperative in the effort 6) a citizens Architectural Advisory Committee was formed to look into design of commercial buildings 7) it would be a good opportunity at this time to make use of their services 8) it is about time the developers are asked to pay the cost of polluting the visual and aesthetics of this area and 9) in summary'this building could be improved by permitting less glass, a different roof treatment and a little larger area for landscaping. Mr, Stieber, architect, stated'that 1) a fine job landscaping and screening will be done with 15-ga!lon trees'and 2) the glass on the Tire Service building will be.about one-~hird of the area allowed for the Grand Au'to Store. Mr. Naugle stated that he is not saying the Beautification Committee is opposed to the Tire Service Store but they are opposed to yards of glass to show the merchandise through with hanging spotlights and signs. Commissioner Martin suggested that Mr. Naugle take a look at the applicant's store in Los Gatos since that is not garish, even though, it has the blue trim. Commissioner Lively explained Zthat in deliberation 0f the Design Reivew Committee it was brought out that this will be a business entirely different from Grand Auto and will be closed by 5:00 or 6:00 P.M. each day. Mr. Naugle stated that it would be desirable for the Planning Commission to obtain. the ideas of t~e Architectural Advisory Committee on this particular building and especially to try and get some ideas on how to change the tide of the appearance of the commercial buildings in this area. . Commissioner Metcalf, in .answer to an inquiry from Chairman Norton, stated that 1) the Design Review Committee felt that this building as shown on the exhibits .'(with the exception of the blue trim) would be a definite improvement over the adjacent Gr~nd Auto store 2) as far as using the Architectural Advisory Committee for this particular proposal is concerned - the Design Review Committee did not feel that was necessary or desirable 3) the Architectural Committee will be called upon When it involves some- thing in the Village area or when it has a..fairly large visual or aesthetic impact 5) the Design. Review Committee is co.ncern~d .>?it~_keeping up standards in this area r~gardless of what happens in anpth~r the street Mr. Naugle pointed out that 1) the subject area is one of the main entrances to the City and 2) it is a critical area to start correcting past mistakes and invoke aesthetic qualities and protecting this corner from future development of the type under discussion. Commissioner Metcalf moved, seconded by Commissioner Lively, to adopt, as amended the Staff Report dated 14 September 1970 relative t~ A-355 and 'grant Final Design Approval for the commercial building for the Tire Service Company as shown on Exhibits "A", "B" and "D" and subject to the cohditions stated in said report; motion carried unanimously. Chairman Norton explained that if Mr. Naugle and the Beautification Committee are concerned about this building they can appeal the matter to the City Council. -12- Planning Commission Minutes - 14 September 1970 - Continued V. Clrl% COUNCIL REPORT Commissioner Smith gave a summary of items reviewed and action taken at the City Council meeting of 2 September 1970 with emphasis on items of particular interest to the Commission. VI. OLD BUSINESS A. SDR-832 David L. Mendenhall, Mt. Eden Road - Request for Reconsideration - Continued from 24 August 1970 Commissioner Smith recommended thatz this matter be removed from the agenda until such time as PG&E provides'the needed information in c~nnection with this request. C'hairman Norton directed the'matter continued off the agenda until such time as the appropriate information is r.eceived. B. V-349 John Wallace, Lumbertown Lane - Request 6f CitX Council for Reconsideration Commissioner Kraus read the report of the Variance Committee dated 14 September 1970 recommending denial for the request for appeal in connection with V-349. ......... Chairman No~'~o'd recommended that in paragraph 4. .line 3. .the words (Map Act) be deleted from the subject report. Commissioner'Kraus, in answer to an inquiry from Commissioner Metcalf, stated that a Variance is not necessary in the case of Mr. Wallace since the same objective can be obtained by granting of an easement or an exchange of property. Chairman Norton explained that without a Variance approval the applicant would 'be out the cost of a Record of Survey; however, other applicants have managed without a Variance in 'similar circumstances. Commissioner Kraus moved, seconded by Commissioner Crisp, that the Variance Committee Report dated 14 ~e.p.~ember 1970 be adopted, as amended, and the said report recommending d~l for the request for appeal for C-349 be approved and forwarded to the City Council ss the recommendation of the Planning Commission; motion carried unanimously. C. REVISION OF SLOPE DENSITY STANDARDS - Continued from 24 August 1970 The entire Commission read the memorandumssubmitted by the Planning Director r'elative to hillside development and slope density. Chairman Norton explained that 1) the question is whethe~ the Planning Commission agrees unanimously with Items 1, 2, and 3 as listed on page 1. .of the memo addressed to the City Council '2) his feeling on Item 2 is that an applicant proposing a building site on an hillside lot (even if it is a perfect building site) Should be required to have two acres 3) he did not favor a lot of construc- tion in the hillside area 4) he does realize there is a safety element involved in development of hillside lots and 5) it is a matter of preserving a major community asset. Commissioner Smith, in answer to an inquiry from Commissioner Lively, stated that i) the Subdivision Committee checked ~ith other cities and they have a slope density formulaL very similar to Saratoga's and it is just as difficult to work with and 2) nothing will be gained by simply increasing the area for hillside building sites. Commissioner Metcalf explained that' if a developer has thirty (30) acres zoned R-1-40,O00 and he submits a map showing twenty-seven (27) or twenty-eight (28) building sites of slightly more tha'n one acre in size and the slope density standards are applied the developer may end up with only eighteen lots. Commissioner Smith stated that if the slope density formula were used as described by Commissioner Metcalf everyone would end up with the same size lot and that is where the entire theory falls apart. -13- Planning Commission Minutes - 14 September 1970 - Continued VI. C. Slope Density Standards - Continued Chairman Norton stated that it may be just as simple to re-zone the properties in the hillside areas to require two and three acre lots per building site. Commissioner Martin advised thatl he just recently returned from Oregon and there have been some beautiful split-level homes built on sites with slopes greater than 10% and~ he feels the same opportunity exists in the Saratoga hillsides; there'fore, Item 2 of the Planning Director's memo could very well be applied. He further stated that a hillside building-site can be made attractive by proper landscaping. Commissioner Lively stated that a greatdeal of time was spent in coordinating the present 'slope density formula and it should not be put aside without some very serious consideration. The .Secretary explained that the reason for proposing a change in the slope density ordinance is that .when a consistent slope exists nothing is really achieved' by adding more land to a site. 'Ch~i'r'man Norton explained that 1) a hillside lot should not be allowed "~g"be 'developed just because it .is developable and 2) perhaps b0t'h . a provision for excess cut and fill plus a slope density o~dinance 'i~ '~'~e'de'~ and 'they should be enforced separately. Commissioner Crisp explained that the representative for Saratega Foothills Development Corporation is present and would like to discuss the slope density resolution as it applies to the property his company has proposed for develop- ment on. Fruitvale Avenue. Chairman Norton stated that the Saratoga Foothills development will be held up until the slope density standards are resolved. Commissioner Lively stated that. 1) he walked over the Saratoga FoOthills .property on Fruitvale Avenue 2) he feels the development of this property would set a precedent in the area and it should be made to adhere to the slope density standards and 3) the cuts and fills on the property should be rain imi ze d. Commissioner Metcalf stated that he agreed with CoEissioner Lively. Commissioner Smith stated that if Saratoga Foothills had been allowed to develop the Fruitval'e Avenue property as "P-C" many of the objectives expressed would have been achieved. Commissioner Metcalf stated that he was disappointed that the Saratoga Foothills application for a "P-C" development has been scheduled for withdrawal and that a more imaginative plan was not submitted. Mr. Lohr, representative for Saratoga Foothills, stated that 1) he has worked with Mrs. Harvey (owner of the subject property) and her attorney for two years to determine a suitable development for this property .2) he discussed purchasing the property from Mrs. Harvey but she did not want to accept a loss. even though a good price was offered 3) in November '1969 it was agreed that the a P-C plan would be submitted to the City for review 4) a number of studies have been done in the area 5) Mrs. Harvey's attorney obtained some newspaper clippings relative t6 the "P-C" development while it was being considered .by the City and the attorney felt Mrs. Harvey would be getting involved in too many responsibilities if the property were developed as proposed ~) he invited the attorney to a City Council meeting at which time Saratoga citizens indicated that they did not understand the proposal for the. property :7) the citizens became emotional about the development and it appeared the "P-C". development would be a major crisis for the City 10) Mrs. Harvey has owned the property for several years and is now ready to sell it -14- Planning Commission Minutes 14 Septeb~er 1970 - C~ eed VI. C. Slope Density Standards Continued 9) the attorney has stated that since the "P-C" idea has not been accepted he will allow Saratoga Foothills to submit another, different~ proposal and if that is not accepted he will sell the property to someone else; therefore, it is important that some deCi'sion is made relative to the slope density resoltuion s~ that a new approach can be worked out for the subject property. Chairman Norton stated that the majority of the Commission feels that the slope-density formula should.be applied to the subject property. Mr. Lohr~ Saratoga Foothills .representative, stated that he wou~d like the'Commission to take another close look at the property before reaching any decision. Chairman Norton requested the 'Secretary to sched61e a'Study Session for the purpose of discussing .the revision of slope density standards for Monday, 21 September 1970 at 7.:30 P.M. in the Conference Room. D. UP-173 Franklin Homes, Sevilla Lane - Request for Extension Continued from 24 August 1970 The Secretary explained that the applicant has requested that this matter be continued to the next regular meeting since he still has several homes to sell in'the subdivision. He further stated that the Staff Report dated 14 September 1970 recommends that the request for extension be denied on the basis the requirements of Subdivision Approval and Design Review Approval have not been met. Commissioner Smith recommended that the applicant be informed that if he does not comply with the stubject conditions then his request for continuance will be denied. Chairman Norton directed the matter continued to the next regular meeting. E. SDR-796 - A. L. Hanson, Dolphin Drive Request for Extension - Continued from 24 August 1970 Commissioner Smith moved, seconded by Commissioner Crisp tg~ggrant a one (1) year extension for SDR-796 as. requested; motion carried unanimously. F. SDR-806 Ed Williams, Ten Acres Road - Request for Extension - Continued from 24 August 1970 Commissioner Smith moved, sec6nded by Commissioner Crisp, to~grant a one (1) year extension for SDR-806 as requested; motion carried unanimously. VIII. COb~UNICATIONS A. WRITTEN 1. Letter"S~bmitted by Commissioner Martin Chairman Norton noted that Commissioner Martin submitted a letter relative to scheduling attendance and accomodations for Sub-Committee meetings. Chairman Norton directed the matter continued to the next regular meeting and requested each Commissioner to be prepared to discuss the matter at that time. 2. SDR-807 John D. Johnson, Three Oaks Way= - Request for Extension The Secretary stated that a request for a cont'inuance for. SDR-807 was received. Chairman Norton directed the matter continued to the next regular meeting and referred same to the Subdivision Committee for study. i-ianning Commission ~Les - 1'4 SepCumb~ iV/0 ~e..d VIII. A. 3. Commissioner Lively. Commissioner Lively noted that he would not be able to attend the next meeting of the Planning Commission on 28 September 1970. B. ORAL Chairman Norton acknowledged, with pleasure, the presence of Councilman Sanders, FIrs .Oe'tenberg of the League of Women Voters, and Firs. Owen and Mrs. Bolleger of the Good Governme~t Group. tle, also, thanked Mrs. Ox~en for the coffee served at recess, with cooperation of the Planning Department Staff. IX. ADJOURDENT Chairman Norton adjourned tt~e meeting at 11:50 P.M. Respectfully submitted, ': Stanley M. WMlker, Secretary Saratoga Planning Commission .j -16-