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HomeMy WebLinkAbout01-18-1971 Planning Commission Minutes CITY OF SARATOGA PARKS AND RECREATION COMMISSION MINUTES TIME: January 18, 1971 - 7:30 P.M. PLACE: Conference Room, Saratoga City Offices, 13777 Fruitvale Avenue, Saratoga TYPE: Regular Meeting I. ORGANIZATION A. ROLL GALL Present: Commissioners Aberle, Bonney, Duffy, Jones, Martin, Matteoni, Wilberding and Woodward. Absent: Commissioner Louden. B. MINUTES The minutes of ~J uary an 4, 1971 were approved as distr.fbuted. C. WELCOME Chairman Matteoni, on behalf of the Commission, welcomed Councilman Dwyer. KEVIN MORAN PARK Chairman Matteoni opened the discussion for this non-agendized item by noting that Mr. Beck's letter of December 15, 1970 recommends that construction of the Kevin Moran Park be deferred fo~ one year in order that a construction allowance of $25,000 can become available. Mr. Beck listed $2,800 as his fee for designing the Master Park Plan with additional fees of $1,200 for working. drawings, technical specifications and supervision of construction for an initial construction project of approximately $10,000. Mr. Beck does,not fee that a $10,000 budget for an initial project will result in a usable facility; therefore, he recommends a one year deferment. . Commissioner Jones pointed out that he,did visit the Moran Park site and it seemed. that after~'all the meeti~.~ and discussiOn'in ~onnectio~ wit~ the prpposed site to do nothing ~0~ a whS'i~ year the residents living in the park 'area will begin to wonder if any progress is being made relative to the park site. He suggested that something be started to indicate some progress and Mr. Beck could work out his Master Plan on a limited program basis, perhaps, the available funds could be used and hopefully after the new ~iscal year more appropriations will be made available that would allow further progryss. He felt work should be started this Spring since the ground will be soft.so that {trees could be easily removed. Mr. Beck could be asked to visit the Moran Park site with some members of the Commission and some ideas could be relayed to him which could fit into the Master Plan as part of the first development phase. Chairman Matteoni stated that the Management Committee of the City Council has recommended that the Council authorize the Mayor to execute an agreement for. preparation of a Master Plan for the Kevin Moran Park in accord with the proposal contained in Mr. Beck's letter of December 1970; however, if the Master Plan were completed the Commission could select areas and development schemes on a priority basis. He further stated that the residents in the Moran Park area may get restless if some progress is not made and it would be good if dedication ceremonies for the park could be held before Easter of 1971 and it is hoped that the Master Plan can be completed prior to that time. The location of the plaque is dependent on the layout of the park and an extra cost will be involved for temporary location of the plaque. II. OLD BUSINESS A. EL qUITO PARK Commissioner Woodward explained that the questionnaire relative to the E1Quito Park site was mailed to Mr. Davis at the Moreland School District. Parks and Recreation Commission Minutes -~18 January 1971 - Continued II. A. EL qUITO PARK - Continued The Secretary explained that Mr~ Davis did contact him and say that the Executive Board of the Scho61 District will meet on January 19. 1971 to consider the questionnaire· .Mr. Davis did feel that the School District would go ahead and administer the questionnaire. ChairmanMatteoni stated that:if the Executive Board approves the questionnaire then it could be mailed and conceivably the results could be back by the Commission's first meeting ,.in February. f The Secretary explained that the E1 Quito School involves an area that extends beyond the Saratoga City Limits. Chairman Matteoni suggested that a map showing the proposed park site be included at the time the questionnaire is mailed. The Secretary stated a map could be made available for mailing along with the questionnaire. : B. GARDINER PARK Commissioner Wilberding stated that the questionnaire relative to Gardiner Park has been prepared in answer to the residents of the area that submitted a petition with.102 signatures. The questionnaire covers all the facilities suggested by Mr. Beck plus off-streetpparking, rest rooms, and'!,~ighte~' [ennis courts. After discussion it was recommended that the questionnaireS;be amended as follows: paragraph 2. .line 1. . .delete "Will give" and instead insert "does provide"; after paragraph 3. .delete "Do you favor a park on this site?"; paragraph 4. . .line 1. . .delete "If yes¥"; and in the list of facilities. .delete "Lighted" tennis courts. ChairmanMatteoni. %brought up the question of who should be included on the mailing list for receipt of the subject questionnaire in order to obtain a fair sampling of public opinion. Commissioner Aberle advised that the Commission is dutyy bound to send the questionnaire to as many people as possible since at the time of the Park Bond Electi~'~e point was made that affected residents should " be kept informed. Chairman Matteoni '~suggested that a map be enclosed (along with the questionnaire) showing a cross-hatched area of the park including the George Day lot that has been acquired by the City. Commissioner Wilberding stated that the petition (submitted by citizens interested in the development of Gardiner Park) urged 1) immediate acquisition, for park site, of'the George Day lot on Portos Drive 2) prompt procurement of the Macklin property 3) a master plan develop- ment for the park site by neighborhood residents, architects and a City committee in order to commence develo.pment of the park site withinCa \\. reasonable period of time and 4) the City make available funds for i~i['f~ ' development of said park. Chairman %Matteoni \ pointed out t'hat Mr. Macklin 'is not particularly\ anxious to sell his_p~p.e~X;._h_0.~eve~~ .eh'~"Ci y~fll~%'d'finue to neg0tia~' "" "~i'eh him. -2- ParLand Recreation Commission Minutes -' 18! January 1971 - Continued II. B. GARDINER PARK Commissioner Bonn~ moved, seconded by Commissioner Duffy, that the' Pa~k and Recreation Commission approve for mailing the questionnaire (along with a map of the proposed site) relative to Gardiner Park and that the due date be stipulated as ten (10) days from the date of mailing said inquiry.. Commissioner Wilberding statedthat some consideration should be given as to who should receive~'~the form. ~tar'~y~a~--~-t~t, the ~lanning Department mails all notices, etc. to"~ii"~id~nts within 5O0-feet and perhaps the same could be done with the questionnaire. The signatures on the petition would, of course, automatically receive the form and map. Chairman'~atteoni_! recommended that an attempt be made to mail a questionnaire to every resident living on a street represented in the petition. Commissioner Duffy favored sending the questionnaire to people living within a quarter of a mile of the Gardiner Park site. It was agree~__~at a quarter of a mile would be an appropriate distance and Chairman' Matteon[referred the matter of distribution to Commissioner Wilberding and the Secretary. : Councilman Dwyer, in answer toZan inquiry from Chairman Matteoni explained that 1) the Park and Recreation fee income is coming in at a much higher rate than was originally forecast 2) he is present'at this me~ting, because of his interest in the Cardiner Park site and to obtain information relative to financial planning for same. Councilman Dwyer further stated, in answer to an inquiry from Commissioner Duffy, that in the case of Gardiner Park !~he Management Committee of the City Council ~ would expect the Park and Recreation Commission to render a plan, ideas, and cost estimates for consideration; however, it will not be necessary to submit a formal budget proposal. He, also, advised that the City CoUncil is looking to the Parkzand Recreation Commission to determine and recommend the areas of highest priority. C. SANBORN PARK The Secretary stated that 1) Santa Clara County did not have available an~ cost firgures for developmen~ of Sanborn Park 2) he did work with City of Saratoga Department ofiPublic Works to obtain some'preliminary cost estimates for Sanborn Park development 3) the cost of the vehicular bridge would be between $.50,000 and $100,000 depending on the type of bridge and 4) Gene Goldberg, park and Recreation Director, submits there is a need for day camp programs in the area; however, it is his feeling that the Sanborn site is not very suitable for day camp activity. Mr. Goldberg further stated that his department could not contribute any funds for the proposed development. Chairman Matteoni ~voiced the ~pinion that Sanborn Park will probably not be committed to another use in the very near future and plans for any development in that area could, perhaps, be postponed until further interest can be generated; meaBwhile, it seems more important to follow through with park sites where some progress has already been accomplished, ie, Kevin Mo~anmPark, E1Quito~Par~,Gardiner Park, and Wildwood Park. Chairman Matteioni suggested that the Secretary inform the County that the City does have~ long range interest in the site; however, it is tentative and if interest from another source' for the site is received by the County, perhaps, they would notify the City. Par~and Recreation Commission Minutes - 18i January 1971 - Continued II. D. TRAILS AND PATHWAYS MASTER PLAN Ite "'E" (REVIEW~'PO~'S'i~L'E'ENCLO'SUR'~'~OR Chairman Matteioni re_quested th_a_t . .m~ .... . ANNUALi REPORT) of the agenda be. discussed at this time since Commissioner Jones had to leave early and his comments were necessary for discussion' of Item "E" of the agenda. E. REVIEW OF POSSIBLE ENCLOSURE FOR ANNUAL REPORT Commissioner Jones suggested that additional information relative to Hakone Gardens in general 'be included particularly the information center, the .p_r_.0_Ro__sed .mus~eum with Japanese cultural exhibits ~ Commissioner Jones ~urther stated that some Santa Clara County unemployed were being trained (at the Saratoga Horticultural Foundation) as gardeners and landscape architects and the i instructor is willing to bring some of these people to Hakone on a training. program to do a lot of the needed work free of charge. Commissioner Jones:.recommended that in turn for the service the City could purchase neededi shrubbery, etc. from the Horticultural Founda t ion. '. Chairman '~Xa~.t~Y~{.i requested Co~nmissioner Jones to work with the. Secretary and put together'additional information ret'~tive to Hakone Gardens for inclusion in the proposed Park; and Recreation Report for enclosure in the Annual Report. After discussion the following changes were made in the proposed report for the Annual Report: page 1. . .paragraph 2. . .add the following sentence "This Commission was created to perform those tasks." page 1. . .paragraph 3. . .sentence 3. .add the word "hopefully" between the words "will" and "see"; page 1. . .paragrph 4. . .sentence 2. . .add the words "which resulted in the installation of" and delete the words "and installed"; page 1. .paragraph 5. .delete the word "Obviously" page 1. . . pa ra graph 6.. . add i".and AcquiS iYf6'~'Developmen~..,_ ..~_nd .................. \ Maintenance" at the end of sentence"'fl' ." ~an'd"'in"'S'~h~["B.. . add the word "Further" at the beginning of the sentence. Chairman Matteoni 'stated thatz after making the noted corrections and a~.ranging for additional commehts relative to Hakone the subject report can be forwarded to Coakly and:, Haegerty for inclusion in the Annual Report. MASTER PLAN FOR WILDWOOD PARK The Secretary stated that the Department of Public Works has completed approximately 25% of a site survey for Wildwood Park.~ There has been some delay due to bad weather;; however, it Should be completed very shortly and forwarded to Mr. Beck !.~ that he _ma..y_..pro,~'~i~.'~he Master Plan for The Secretary further stated t~at the Flood Control District indicated they did not plan to complete the d.~bris basin in Wildwood Park for at least five years. -4- Parksand Recreation Commission Minutes -18, January 1971 - Continued II. D. TRAILS AND PATHWAYS MASTER PLAN Commissioner Duffy outlined the pathway proposal as indicated in the Trails and PathwaysPlan and stated that some pathways shown on the General Plan actually are located in homeowners bac~yards and this is not practical. Commissioner Duffy read the 'introduction.to the proposed Trails and Pathways Plan which pointed out, among other things, that pathways provide uncrowded recreation, enjoyment of nature, and fulfill a great recreational need. It was further noted that the expressed desire for these facilities far surpasses the existing opportunities. Commissioner Duffy summarized the proposed pathway and equestrian trail, etc. plan in detail using an accompanying~appropriate color coded map. Commissioner Duffy noted that Santa Clara Countyydid ~end 'out a letter several years ago urging the Cities in the area to begin a pathway program but no progress was ever made; therefore, it is important for Saratoga to now adopt an ~nitial plan that'will allow a tie-in with the County pathway system. Commissioner Duffy moved, seconded by Commissioner Aberle, that the Park and Recreation Commission recommend to the City Council that the City of Saratoga study, review, and accept the proposed Master Plan for Trails and Pathways and officially incorporate said plan into the Saratoga General Plan; motion carried unanimously. CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS The Secretary explained that a proposal for an Institute of Religion has been submitted to the Planning Department and a copy of the map is available for review at this time since it does involve an area included in the prop6sed pathways program. Chairman ]Matteoni~ stated that a motion should be made to recommend to the Planning Commission that the pathways program be given consideration when they review the church appl~ ation. Commissioner Duffy moved, seconded by Commissioner Bonney, that due to the proposed development of the Church of Latter Day Saints property on Allendale Avenue (which generally follows the path of the creek in the immediate area) the Park~s Commission requesm~the Planning Department and the Planning Commission to consider the possibility of obtaining a trail along the south side of the creek on the subject property since there is concern for trailways on the part of residents in the area who own horses and further request.continued vigilance in preserving trailways that have been established in the area; motion carried unanimously. -5- Parks and Recreation Commission Minutes - 18 January 1971 - Continued II. F. BICYCLE PATHS Commissioner Abe~e stated that the Secretary has set up a meeting with the Assistant Director of Public Works to discuss the technical aspects of installing bicycle paths'; so, there will be more to report on this matter at the next meeting. The meeting has been set up for 3:30 P.M. on 27 January 1971 in order that Commissioners Martin and Loudon can be present. II1. STAFF REPORTS BIKE WAYS In response to a request by Chairman Matteoni the Secretary read a reply he made to Mr. Amyx, Santa Clara County Park and Recreation Commissions relative to a letter on the proposal for a county coordinated system of bike ways. MID PENINSULA REGIONAL PARK DISTRICT The Secretary noted a memo written by the City Manager listed the items pertaining to the Mid Peninsula Regio~al Park District which will be presented to the City Council on 20 January 1971. The Secretary added that this matter will undoutedly be referred back to the Park and Recreation Commission. SAINT ANDREWS CHURCH The Secretary read another memo from The City Manager requesting that the Park and Recreation Commission take under consideration a proposal that the City enter into a joint recreation use Of lands owned by St. Andrews Church This matter was referred to the Park and Recreation Commission by the City Council. Chairman Matteoni recommended that inquiries be made in the area to determine the opinion and ideas of the residents. Commissioner Aberle stated that the property is now used as a neighborhood park. Commisaioner Woodward stated she is a!member of the St. Andrews Church and wishes to decline from any decision n~..de relative to this matter. Chairman Matteoni asked Commissioner Martin if she would be willing to work with Commissioner Bonney on a questionnaire for distribution relative to this matter. ; Commissioner Martin agreed to do so. PONY LEAGUE FIELD .! Commissioner Bonney stated no further progress has been made on the Pony League Field since the season does not start for another month and a half and then interest in the matter will presumably be resumed. Chairman Matteoni recommended that when interest is resumed the dimensions should again be checked to determine if additional land can be made available. Commissioner Woodward inquired if the peltion to open up Cox lane would have~ any bearing on the subject field. The Secretary explained that to his knowledge the intent is toinot reopen Cox .... lane at all in the subject area. Parks and Recreation Commission Minutes - 18 Januar7 '.1971 - Continued IV. COMMUNICAT IONS A. WRITTEN ~, SANBORN PARK BRIDGE .... ' .......... The Secretary stated that Mr. Rudy G. Brandon submitted al:.letter suggesting a foot bridge instead of a vehicular road bridge for Sanborn Park. REQUEST OF MANAGEMENT COMMITTEE The Secretary referred to the Management Committee Report in which the Committee requested that the Park's.::and Recreation Commission work out a procedure for developing a Master Plan. for Kevin Moran Park to assure that all residents of the area ha~e an opportunity to be heard. Chairman Matteoni stated that 1) at the first meeting with Mr. Beck the plans could be reviewed with residents of the area 2) an announcement of the second meeting could be placed in the paper inviting the public and 3) the third meeting could be held in reserve until it is needed. B. ORAL SKYLINE PARKWAY RECREATION ROUTE Commissioner Duffy stated 1) foul different Counties had ia joint meeting concerning Skyline Parkway Recreation Route 2) the four Counties recreation route progress was reviewed 3) County and State officials were present at this meeting 4) the original proposal was for a National route, but that is so far in the future that it has been decided the program must begin at a local level and 5) it is urgenlt that the i~dividual Counties arrange for appropriate protective zoning for the program. STREET LIGHTING. STANDARDS Commissioner Aberle stated that the Street Lighting Committee met last week and now must decide Street Lighting Standards. She further stated that she is going scouting with Mrs. Rose of the League of Women Voters to see what other Cities in the area have done. V. ADJOURNMENT . Commissioner Woodward moved, seconded. by Commissioner Wilberding, to adjourn the meeting at 10:0C5 P.M.; motion carried unanimously. Respectfully submitted, Andy Mariani, Secretary Saratoga. Parks and Recreation Commission j -7- CITY COUNCIL - PLANNING CO~DIISSION JOINT STUDY SESSION ?.,..30 P,M., MO~q).A_Y~ N.OV~_E_R 1-3.0~ L1:970 ~ .COUNCIL_ CI'LAMBER.S~ 1_3777 FRUITVALE AVENUE, SARATOGA '_!. O~{GAN.IZAT!ON .R. 0L_:L_ CA·L-L Bayor _R. obbins .called _the mee_ti~g to order. All Councilmen and Planning ~Co..mm.._i~s._s_i_9,ne.r.s. ~,~e~_e p.r.e_se.n..t. 11%. _SARATOGA VAR_!.ANCE pOLICY iM. ayOr Robbins Stated that in his experience on the Council there had only been _two .cases who:re the Councill bad disagreed with the Planning Commission .on.Variance rulings. The first One .conCerned an auxiliary structure and .the sec0Bd was _th_e !~.umb.er_tOn Lane case- Mayor Robbins suggested two amend- · men_tS: 1) _that a variance might be granted if the same result could be ob- .rained :in Some o.ther legal manner; and 2) that a variance may be granted if .a l_ess .desirable result, from ti"~e standpoint of the City, may occur if it is not granted. ...... . . . C.o_uBCLi!~_a.n _Dwye~ _f.elt ~hat chan;'~eS' might be useful, but individual judgement :i.s st:i!! :r_e.quired iB' e~ch ,case. [ He did not feel that the two reversals would ~qar:rant .changing _the ~oniBg ordLnance. He felt it understandable that one .g_r.o.up ..migh_t See' _thes_e ~aa~tte_r.s · . :. C_o.._mju...issioner 'NOrtOO s_tated that,. ~he _conditions for granting a variance are .q.uO.ted from the .sta_te Map Ae_t. He felt there would continue to be differences .of OpiniOn between _the Council and the Planning Commission. However, he Stated the planning Corm~ission ~as following Council policy as understood by tlie Commission. .. Mayor Robbins asked _the C_ity At~0rney what his views were on the various o:rd_i~an_ces and the C_ity policy :.~s S~ated in Burton Brazil's letter of _19:59 as :related _t0 ..State law. '.The Cit7 Atto:rney :replied that .i;Ommissioner Norton's observations were .eo:r~e_ct, _The City .does Dot hav'-~ mu,ch leeway under State law. The City ordl.n_an,ce .simply Paraphrases th,~ .State law.' He did not think the criteria _f.o:r _granting h ~a:rianee could b::-~ .relaxed, He did not think that either of .Mayor !!obb_ins' ~uggest~ons woul.!t satisfy the criteria set forth by the Planning ACt. ' .. . ·. - On _the basis of the City A o n.'~-y's statement Mayor Robbins withdrew the Lch.a.~_ges h'e" had suggeS_ted,' t~ern.!?ted that the Planning Commission in Saratoga has _t:rad~tiOnally been the firs~ ~.ine Of defense and he felt the Commission _should Continue 'to. serve in ~ha,': Capacity. ~C.o..m!n. is.S.ione:r .Smith s~ated _that ~.t:h_e COmmission was primarily concerned with precedent. Their criteria has "~een whether or not a person is suffering a .... I' b_a~.d~hip, other .than a financia,!.. h.ardship. A' physical hardship is given v..er.~ .careful consideration. ~ , .C.ounCLilman Sanders .stated _tt~qt .~e did not think that two differences of op~_n:io.n in .two y_ears ~constitute-t a serious problem-. and he was not seeking a change in the variance ordina'~ce. · . Commissioner Kraus felt that· th~ issue revolved around the word "hardship". He _stated that _the .concern was that there is now a precedent for granting .a v.a_.rianCe, G_o.._n~BisSioner Norton Stated _that if the Council wanted to change the policy .h_e v.ou!d a_g.ree~however, he felt. the Council must lay dozen the rules and follow _them. Councilman Smith felt that a councilman had a responsibility each time an issue came before them to make study 'as to that particular case and the ! aw. CITY COUNCIL - PLA~ING CO~P%SSION SI~DY SESSION - NOVEMBER 30, 1970 Commissioner Crisp proposed that the matter be closed by leaving the ordinance as it is. Itswas the consensus that the ordinance remain unchanged and the City follow the letter that Burton Brazil wrote in 1959. 'III. PLA~ED COmmUNITY CLUSTER CONCEPT Commissioner Crisp stated that they have been approached by people lately who feel that a planned community is a means of increasing density. It is supposed to permit the same number of units as if it were developed on the basis of straight zoning. Mayor Robbins felt that planned conmmnity should only be adopted if there is a benefit to the City. We don't want to increase density - we may want to reduce it. Another consideration, is that by going to planned community the City has more control. We may get less damage to the terrain by control over the development. Councilman Sanders felt that the PC ordinance did not allow for the kind of planned community that he had in mind. The cluster concept to him meant two or more units built close together on one lot or a common area. He noted that cluster develop- ment, which is very popular in Europe and Asia, is coming back into popularity in this county. He was thinking of the kind of development where there is a conmon area for recreation and planned open space and building units of four or six units in harmony depending on the size of the area. Commissioner NortOn noted that·the present ordinance goes as far as three units. '~For more than three units in one structure an ordinance amendment would be required. Mayor Robbins noted that there did not seem to be agreement on the concept of planned community development. Councilman Dwyer questioned whether reduction of population would be the ·right direction for the city. He felt·we should keep in mind that the developer was not interested in the cluster concept in C-130 because the same utilization of the property would make it necessary to sell each unit at approximately the price of a standard single family unit and he fe!t'there.-was no market for this. Commissioner Lively did not think that the people in Saratoga wanted this type of development unless it was tailored to a specific site and very carefully planned for a particular plot of ·ground. He did not think the citizens would back up the Council on this because ~hey do not want visual density. ·· Councilman Sanders ~stated that he was not advocating that we launch a program'of cluster zoning that is profitable to one particular building. He thought that C-130 looked like ~ acre houses in a·one acre zone. Commissioner Norton wondered whether we wanted open space which would require a watchman protecting it against mis-use and irresponsible damage. · In response to a question from Commissioner Kraus as to how you differentiate between the type of cluster development being discussed and a condominium, Councilman Sanders replied that you can have apartments or condominiums that are cluster. A common feature is that each family uni't is not on a separate lot. You can have cluster that can be used as apartment rental, condominium or a community type of investment in which you have an equal share of everything. Conm~issioner Norton felt that this bm ught up another question - even assuming we are all agreed, how are we going to persuade the city at large that any cluster development in their neighborhood is a good thing. It seems obvious now that 'the citizens are not going for this type of development. Councilman Sanders felt that the people who were voting against C-130 were voting against the appearance. Councilman Bridges felt that the Mayor had outlined some very specific advantages and no cluster development to date has offered these advantages. None of the proposals were in a position to add to the liveability of Saratoga as a whole. Commissioner Smith felt it was necessary to get a definition of cluster. He did not think it was necessary to have a common wall to have a cluster development. Cluster utilizes a key plot of land and does not increase the density. - 2 - ~ITY COUNCIL - PLANNING COmmISSION STUDY SESSION ~ NOVEMBER 30, 1970 Conmissioner Crisp noted that any PC development that you have in an R-I-40,000 zoning district in Saratoga is going to have ~ acre lots. If you have a planned community in a 20,000 zone you are going to have 10,000 s.f. lots. Mayor Robbins proposed: 1) that we don't actively go out and solicit PC development; 2) if we get a PC application that we consider it on its own merits; 3).that we do not accept a PC development unless it has some real advantages to the city over an. existing situation. Commissioner Norton referred to the maintenance situation in connection with public recreation and noted that if the developer is to give up some of the land, it would require a change in the ordinance. He wondered whether the ordinance would require the developer to give away 10 or 20 acres and would the city tehcnically require that he have at least as much acreage as he has 'units. Commissioner Crisp replied that if the developer has ten acres, he can give half to'the City and still build the same number of units on the other half. Commissioner Kraus wondered how we would recognize a good planned communi~concept. Commissioner Metcalf replied that you would recognize it when you saw the preliminary plans and preliminary landscaping which is superior in planning and execution. Cal- West, across from Paul ~sson is a good e~cample. Similarly, when we see a set of plans for a planned comnunity where there are not only building sites selected and located but also preliminary house plans for particular sites, which conform to the topography. If the developer has done all these things ahead of time and brings in an integrated plan, we will recognize it. Conm~issioner Norton had the impression that there was still a good deal of doubt and all that can be done is to deal with this on a case by case basis unless the Council wants to give the Planning Commission a line as to what they think is. favorable. He stated the Conmission would welcome this. In the meantime they can study the PC ordinance. Mayor Robbins stated that there has been a f~eling that if PC is to be used there should be some kind of auxiliary structure. He stressed that there should be some benefit to the city. Commissioner Norton noted. that the Planned Con~unity ordinance is very tightly written, at the moment it has some flexibility but not very much. Councilman D~,~er felt that we should be moving as strongly as we can to decide what we want specifically. He felt it was impcrtant to define what the advantages were to the City.and aesthetically what we think a development should look like. Mayor Robbins suggested that the best way to do this would be to have the Planning Conmittee of the Council and an appropriate conmittee from the Planning Commission work out some concrete criteria with staff assistance. Commissioner Norton will.advise the Mayor who will work with the Planning Comnittee to draw up guidelines for Planned Comnunity development. IV. HILLSIDE DEVELOPmeNT The Planning Director referred to the study of the Santa Cruz mountain area involving Monte Sereno, Saratoga and the County. So far they have reviewed the topography~ land use, soil conditions, and hazardous areas. Now they have come up with a set of preliminary standards primarily for prevention of fire and will also include eventually development standards for the hillsides. The objective here is to come up with development standards and some type of zoning that might prevent haphazard development. As an interim project the county has invoked a three acre minimum lot size on unincorporated Santa Cruz Mountain area. Councilman Smith noted that the County is referring all matters that come up under this interim ordinance to the PPC Hillside Conmittee for recommendation and review. They have obtained the cooperation of the Flood COntrol District in stopping the formation of anew water district in the area which would have brought development before standards could be set. The conclusion will be some strong reconmendations for enforccment of these guidelines and ordinances. 3 - CITY COUNCIL-PLANnING CDM}IISSION S'ilIDY SESSION -. NOVEMBER 30, 1970 - CONTINUED Commissioner Norton stated that the staff has been directed to draw up an ordinance as an interim measure. Councilman Smith stated that the'Water District was delayed until next summer and he felt there would be satisfactory reconmendations for these ordinances. Comnissioner Norton stated we did adopt a revised hillside ordinance, it changed the former resolution which was not very clear. We now have a double requirement - there should be a certain'amount of area and avoid excessive cutting-and filling. Another nmtter under consideration is whether in some areas 80,000 s.f..zoning should be required rather than 40,000. Stan Walker stated that there are some tenative aesthetic grading standards'such as maximum height of retaining walls, maximum exposed face of the cut, etc. An engineered site plan is required if the slope is any more than 10%; There is a conflict bet,~een safety standards such as proper width and grade of road and the effort to minimize the impact of grading. Commissioner Norton felt we should go ahead with a ~equirement for fire resistant roofs. Councilman Dwyer was amazed that brush clearing is not practised around the hillside homes. He referred to an area around Bohlman Road where very greasy, highly combustible plants, such as broom, are right up against the houses. Connnissioner Norton suggested a weed abatement ordinance as a possible solution. Councilman Smith stated that the proposed PPC standards should be finalized ~thin a month, and Cormnissioner Norton suggested that the staff review them to see where our ordinances can be improved. Commissioner Martin wondered whether the tIillside Committee had considered a type of development where the houses would be closer together to provide protection against fire by leaving a large open area surrounding the structures, and Councilman Smith stated that the last meeting was given over to this concept. Dan Coleman, the guest speaker' who has a lot of experience in cluster development, described a situation in San Rafael which was ~milar to the C~130 proposal. V. 1970 GEneRAL PLAN REVIEWS A. Discussion of Items of Interest to the Planning Commission' Commissioner Norton stated that it was his understanding that legally any changes the Council makes on Planning Conmission recommendations with respect to the General Plan must be sent back to the P].anning Con~ission. He referred to Fruitvale Avenue width, the central park, and the PierceRoad-Ashley Way area and wondered whether any subsequent changes by the Council must be referred back to the Planning Comnission. He asked what persuaded the Council that Fruitvale ought to be four lanes. Mayor Robbins replied that he had been in favor of keeping Fruitvale to two lanes' and discouraging four lanes. However, he could see there was a 50% change that traffic would increase to the point ~'~ere we wished we had four lanes. This may come about because of the college and the development of the area between Sobey'Road and Fruitvale Avenue. The City should avoid the necessity to purchase. the required rights of way which are now undeveloped if' it is necessary to widen Fruitvale. He stated that the Council has not decided whether Fruitvale should be divided or undivided but it will be necessary to make a plan line from Valle Vista to San Marcos with a policy outlining what kind of a road it should be. The present landscaping plan is just to plant trees. We do not plan to have landscaping similar to that on Saratoga Avenue. Councilman Sanders stated that he resisted this to the very last and was finally persuaded by the argument that the City had no legal basis on which to require dedication for the width that we would need unless we had this in the General Plan backed up by a Plan Line. Commissioner Norton referred to the problem with its present width which is rather narrow and hoped that some improvement could be started very soon. He noted that we are not confronted with immediate development of a four lane road which is comforting. - 4- CITY COUNCIL-PLAk~ING COP~iISSION STUDY SESSION - NOVEMBER 30, 1970 - CONTINUED Mayor Robbins stated that the city staff would have to come up with some alternatives - what will a divided road or an undivided four lane road look like? How many trees will be removed? How will it affect people'.s houses? B. Retirement Housing Study The Planning Director reported that this was Only a progress report. They did not intend to present any recommendations. He introduced Paul Moeller who was conducting the study. Mr. Moeiler stated that they have gathered most 'of the background data including population, age group, inCOmes, etc. They have done a land use'availability study for certain various parcels available and mapped them and written down factors in- volved in their development. They have listed physical, social and economic development factors and have tried to come up with some criteria. They have made a study of present and future needs as to the number of units required. Basically they have stayed pretty close to the retirement housing outlines the council and the .commission has already seen. in the coming week they plan to meet with developers who are directly concerned with retirement housing. Then the matter of actual policy will be studied and finally a written report will be made. With regard to the low cost aspect, basically the only information obtained so far is how many people in Saratoga are on Old Age Assistance or receiving Medical Assistance from the County. Mr. Moeller noted that there were more than he thought. Comnissioner Norton asked whether it nmde any difference in location, types of styles, etc. ~s to how much income individuals may have. Assuming there is some demand for low cost housing, do you think you would be able. to find someplace to put it? Mayor Robbins noted that Palo Alto is following a land bank type of idea for the specific purpose of buying land so that the city could prevent a developer from making a killing as a result of higher density. Mr. Moeller stated that they would certainly review all these things. ConnnisSioner Crisp wondered whether the study would determine the number of people required to support such a development. Mr. Moeller replied t.hat they will explore the whole range of facilities - from the newly retired, independent person to the older person who requires medical facilities. The report should be submitted the second week in December to the Planning Commission following a series of meetings with the General Plan Committee of the Planning COmmission. VI. TI~ZTABLE FOR 1971 GE~ZRAL PLAN REVIEW Mayor Robbins stated that the Planning Conmission held a study session for the 1970 General Plan on June 1 and the Council adopted the General Plan, following four Public Hearings, at the first meeting in November. Commissioner Norton felt we needed a systematic updating of the General Plan. He suggested approving some changes and making a notation on the General Plan. He suggested that we run on a 'fiscal year - starting in September and submitting it to the Council by January. It was the consensus of the Council to let the Planning Commission establish the General Plan review schedule. VII. CO~.~NICATION BEZ~EEN COUNCIL AND PLANNING CO~IISSION Mayor Robbins noted that the last time a similar meeting had been held was over two years ago. At that time it was a dinner meeting and he did not feel that a great deal had been accomplished. He would like to see a closer association between the Planning Conmission and the Council and favored this type Of meeting as being more productive. - 5 - CITY COUNCIL-PLANNING CO~DIISSION STUDY SESSION - NOVEPBER 30,· 1970 - CONTINUED Commissioner Crisp asked whether the Planning Conunittee met at specified times. He suggested that the Chairnmn of the connnittees get together when there is a matter' of importance to discuss before the action is taken. Conmaissioner Norton thought there could still be a problem when there is a difference between the Council or the Conmission and he felt this type of meeting was a good idea. He suggested once or twice a year. It was the consensus that a joint study session should be scheduled twice a year and more often if necessary. In response to a question from Mayor Robbins as to whether the schedule of Councilmen appearing at Planning Conm~ission meetings was working out satisfactorily, Commissioner Norton replied that it did seem to be a worthwhile thing and wondered whether the Council felt 'they were getting anything out of it. Councilman Smith felt it was important to get an insight into the feeling of the Cormnission. Sometimes we tend to departmentalize a group and start to think about it in generalities rather than as human beings. Commissioner Nor·ton stated that regular attendance by a member of each body at meetings of the other was important. IX. STATUS OF ZONING ORDINANCE IN RELATION TO HOUSING FOR ALL ECONOMIC LEVELS Mayor Robbins stated that periodically he has read in the ne~spapers about attempts to break do~,~n the Zoning Ordinance.· There are laws being considered which, if successful, would prevent the city from maintaining our zoning ordinance as our General Plan says. He has asked the staff and the city attorney to give us a general review of the status of efforts to overturn local zoning ordinances. The City Attorney replied that there wasn't too much to discuss in this realm right now. There is a tendency on the part of minority groups to seek ~Decial zoning for special low cost housing and this has been dDne in other areas. Where a city is· zoned so as not to permit this·, there is a direct confrontation. He noted that this was covere~ by two different bodies of 1.aw - State Law and' the 14th Amendment to the U.S. Constitution. There are several· State laws which uphold "bedroom communities" excluding certain types of uses and high density residential type uses. He cited a case in Piedmont, California which is a low density type city surrounded by Oakland and Berkeley, which wa~ created as a bedroom cormmanity. The supreme court upheld their ability to d o this since there is low cost housing available in the neighboring city of Oak~d and other satellite cities. By taking the co~mrunity as a whole, the whole spectrum was covered and the City of Piedmont was looked at as if it were a zoning' district. Mr. Johnston also referred to a federal case called Sasso vs the City of Union City. Sasso' is a southern Alameda Spanish speaking organization created to foster and promulgate low cost housing. It bought a piece of ground in Union City and had the Planning Commission re-zone it to high density multiple zoning. It had been master planned for R-1. Under political pressure the Council re- zoned it to R-M and on referendum it was knocked out. Sasso went to the District Court seeking a federal injunction. to reverse the referendum. The City Attorney commented that we are going to start running into more and more of this type of case at a federal level but there is no indication that any of our State courts are making any moves to tell a city that it·must zone in any particular fashion or include in its particular boundaries various types of density for residential development. The City of Los Altos Hills completely excludes commercial or industrial zoning and that ordinance is now being contested. In that case the position of the people in question is that complete exclusion is a violation of the equal protection clause of the federal constitution. In our understanding the whole county housing element program is based on the theory that you are not bound by the City limits of any particular city as long as the connnunity as a whole offers areas for low cost housino. That is the theory on, which the existing program is being worked. Mayor Robbins adjourned the meeting at 9:55 P.M. Respectfully submitted · Huff Mr. Nick Mil,levich, of 20L~L~6 Miljevich Drive, addressed the Commission in defense of the application, as follows: "My feelings are pre'tty deep. I was born on that land L~5 years ago, becoming a farmer through inheritance, not through my own will. I will not 9o into the family background. When my people moved to Saratoga . . . they say, 'you 9or '10 acres of land worth ..$20,009 an acre.' We bought 200 acres and sold it off piece by piece because we wanted to, not because we had to. Taxed out of it. On the last piece of property, we decided to have two plan,ts in Saratoga; we didn't get two. "I am a farmer; that's all I know. I resent people moving to Saratoga who are retired and in a few years want to leave it . . . I am sure Kennedy didn't move to Saratoga to start something. I have five boys to bring up. That costs money. Like I say, I am t~5 years old and farming is the only thing'I know. "Gentlemen, Dr. L. R. Mendel sold to us. We added a building . We acquired this other property so I couldbe on my own, and that is where the structure is. Some people say i.t was a horse stable. It was built for that but it 'was used for a shed. But after the fire, which was arson -- nothing to do with the dehydrator -- checked with the Fire Department -- burned on all corners. That was a personal loss of I~150,000, without insurance. I had all my hard work . '-:.'.['I had all my hard work . . There will be no dehydrator, no prunes. The cutting operation will take approximately 21 days. After that, storage for fruit and equipment. "The gentleman said he saw lights at night· Yes. That is-where the men stayed that watched the dehydrator. They stayed there; they had no place to go. Those men have moved out. You just don't tell them to get out. "People say they don't like the sight of the building. Outside of the neighbors at the back, actually, no one can see that building. Remember, they moved into the neighborhood · · . they have a big investment. I have been here 11~ years. Do they want me to move out? You got a college education; I haven't. When you're/4~, no one wants to hire anyone 115 years old. I have been harrassed, but -where does a man go? · . . I was born there and want to bring my boys up there, and die there. I am sure you moved here because you lived it here, and I care, too. This gentleman said he moved here six months ago. That's fine. This is my first time to see what people have to say. It is very touching to me. '~e:.;.are not harming anyone. We ~zant you to en3oy what's here.. . My father and Mr. Albtnt started the first Fire Department. We have done what we can. When the Chamber of Commerce couldn-'t afford a flag~ we bought it. We built the Serbian Church. I have done my part and minded my own business. Gentlemen, tt's hard to be loved and hated in a town I grew up in. That's my property, my only stock in trade 'and, believe me, that barn ,will not hurt anyon'e. There are no trucks. "You people 9o.home now and stay in your own backyard. Leave me alone. I am sure it will be all right. I .need that building. God Bless You. -.- So, you people against it, go home and think it over. Remember that's my home and stock in trade. . · Thank you for listening."