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HomeMy WebLinkAbout08-23-1971 Planning Commission Minutes (2) CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME: Monday, 23 August 1971, 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 Lively at 7:30 P.M. A. ROLL CALL Present:Commissioners Fagan, Kraus, Lively, Marshall, Martin, Metcalf, and Smith. B. MINUTES Commissioner Smith moved, seconded by Commissioner Kraus, that the reading of the minutes of the 9 August 1971 meeting be waived and they be approved as distributed; ~otion carried unanimously. II. PUBLIC HEARINGS A. Cr.~48 - George W. Day, Fruitvale Avenue and Douglas Avenue - Request for Change of Zoning from '~".(Agricultural) to '~-1-40,000" (Single- Family Residential) - Continued from 9 August 1971 The hearing relative to C-148 was.reopened at 7:32 P.M. The Secretary explained that the applicant has submitted a request to amend his appli- cation to ask for '~-1-40,000" '~C" (Single-Family Residential Planned- Community) instead of '~-l-40,000'r (Single-Family Residential). The Secretary further stated that 1) .!the Staff has prepared several different plans for development of this central area and have available some of the best ones for consideration by ~he Planning Commission 2) these plans reflect what the Staff Considers to be the best approach to development of this property combined with Mr. Beck's (Park Consultant) suggestions and the applicant's ideas 3) proposal '~" is a '~-C" concept with one-half- acre building--sites surrounded by.common gree 4) another proposal with more emphasis on a central park iS, also, available and 5) also, available is a plan with elaborate street patterns which shows more chopped-up common~green area with more cul-de-sac lots. Commissioner Kraus commented that ·proposal '~" shows '~-C" building sites insulated from surrounding residences by a common-green~ The Secretary explained·that the applicant has, also, submitted a proposal which has no bordering green area .around one building site. Co~,~nissioner Smith stated that the Planning Con~nission should decide~: wh'~ch of the plans are suitable and then initiate a '~-C" zoning substantially in accordance with the map that is adopted. Commissioner Metcalf stated that some consideration should be given as to the type of fencing to be allowed ~in this area especially along Fruitvale Avenue and Douglas Avenue. Ch~-~rman LiVe.ly Stated that-this. development will b~ subject tb.D~Sign Re~iex~ -Appro~~fenc!ing~can_..be conside.rea_at--that-t~me. "-' .''! ...... --" .....'~ ':...:-"' ~'~'..' : "'. '." "' ".- -:, '." .' .= "'· ' """ ......."':' Co~sSioner Martin 'agT'~d" that ~t""~'§ ':imp~eible" to' disc~e: the :: fen~g '~d; further stated that he is not in favor of [~lv~n~ fence~ all along Fruitvale k~'~e.; bU~ ~f. ~' inakvi'aual'.wan~' ~0~'. fence-his~yard he':'sh~Uld ~a~e]~h~"u~igh~ · to that.' - ' '-. · "..'- · . .- '~." . "~ .." ...'~ 7." ...-:...- . ......' ': .] '~.. '~ ..... -1-~ p..lanning commission Minutes - 23 August 1971 - Continued II. A. C-148 - Continued : The Secretary,'in answer to an inquiry from Conmissioner Kraus, stated that additional plans for this'area are displayed for review in the Crisp Memorial Conference Room. Chairman Lively requested the SeCretary to publish a Notice of Hearing to all residents within 500-feet~of this property as soon as one (1) or two (2) plans are presented that are worthy of serious consideration. He then closed the hearing for the evening at 7:51P.M,, directed C-148 continued to the next regular meeting, and referred same to the Subdivision Connnittee. III. BUILDING SITES AND SUBDIVISIONS A. SD-904 - George W. Day, Fruitvale Avenue and Douglas Avenue -'Subdivision ~pproval - 15 Lots - CoB~inu~ from 9 August 1971 Chairman Lively diredted SD-904 Continued to the next regular meeting since its outcome is pending on action for C-148. B. SDR-918 - Monty R. Boyd, Arroyo ~e Arguello - Building Site Approval - 1 Lot Commissioner Smith recommended t~at SDR-918 be continued'~o the next regular meeting _since there are problems with F~ood Control '~hat have to be resolved. Chairman Lively so directed. C. SD-919 - Kosich Construction Co.,' Ted Avenue - Building Site Approval - 5 Lots Commissioner Smith stated that SD-919 has been discussed in a preliminary way with the Kosich Brothers and.~the matter should be coneinued to the next regular meeting to allow time for. further consideration. Chairman Lively so directed. D. SDR-920 - Roman T. Chavez~ Bel.nap Court - Buildin~ Site Approval - 1 Lot The Secretary explained that there are problems with grading and Fire Department requirements in connection with this building site. Commissioner Smith recommended that SDR-920 be continued to the next regular meeting. . Chairman Lively so directed. IV~ DESIGN REVIEW A; A-381 - St. Andrews Church, Saratoga Avenue - Prelimanry Design Review - Multi-Use Parish Hall Commissioner Metcalf stated that the Staff Report relative to A-381 dated 23 August 1971 recommends that Preliminary Design Approval be granted for the Multi-Use Parish Hall as requested. Mr. Warren Heid, architect present to represent the applicant, stated that the parking as shown on Exhibit '~" is in conformance with the City of Saratoga Parking requirements,originally imposed upon the church and still in force. Commissioner Metcalf moved, seconded by Commissioner Marshall, that the Staff Report dated 23 August 1971Zbe adopted and that Preliminary Design Ap royal be granted for the Multi-Use Parish Hall as shown on Exhibit "A" anM the conditions staeed in said report~ motion carried unanimously. subject to -2~ Planning Connnission Minutes - 23 Au~.ust 1971 - Continued V~, CITY COUNCIL REPORT Commissioner Marshall gave a summary of items reviewed and action taken at the City CounCil meeting of 18 August 197~, with emphasis on items of particular interest to the Connnission. VI. OLD BUSINESS A. C-140 - Prince of Peace Lutheran Church; Saratoga Avenue and Cox Avenue - Request to Reopen Public Hearink The Secretary stated that the Reverend Anderson of the Prince of Peace Lutheran Church has requested that the public hearing relative to C-140 be.reinstated and the hearing be ~enoticed so they might justify their application and they are doing this in light of tentative results of General Plan Review by the City Ceuncil which indicates that the City might go along with designation of '~-A" for this property since a possible park site does not look ~oo promising. Chairman Lively stated that no de~ermina!tion should be made until the City Council takes final action on the General Plan. Con~nissioner Smith stated that at the time the applicant met with the Subdivision Committee he was told !to wait until after the City Council ~onsidered the use of this proper~y for a park and now the City council is negative to the park idea; therefore, the applicant is within his rights in asking that the hearing be reopened. Chairman Lively directed the matter continued until after the City Council finishes their review for the 1971 General Plan. B. SDR-.911 - Willard Thompson, Oak Street and St. Charles Street - Change in Motion Made at Moetin~ Of 9 August 1971 Chairman Lively stated that'~ moti.on ~houId made to rescind the motion made by Commissioner Marshall at the meeting of 9' August 1971 relative to SDR-911 in order to clarify what was intended. Commissioner Marshall moved, seconded by Commissioner Metcalf, that the motion (made and passed at the meeting of~9 August 1971 and recorded in the minutes of that meeting relative to SDR-911) be rescinded; motionccarried with Commissioner Fagan abstaining. Chairman Lively stated that a new motion should be made in connection with SDR-911. C~mnissioner Marshall moved, seconded by Commission Smith, to deny the Building Site Committee Report daeed 23 August 1971 relative to SDR-911 unless a letter of extension is received from the applicant; motion carried with Commissioner Fagan abstaining'. VII. NEW2BUSINESS A. UP-191 - Brown and Kauffmann~ BrOckton Lane - Request for Extension The Secretar~ read a letter received from the applicant requesting an extension on UP-191 for the model~ome sales-office on Lot 46 in Tract 4573. The Secretary recommended that th~ matter be continued to the next regular meeting.. Chairman Lively so directed. -3-. Planning Commission Minutes - 23 August 1971 - Continued VII, A, UP-191 - Continued Commissioner Martin stated that 1) this applicant was required to .provide and re-mark the pa~_n_gi~ the model home. sales office 2) Lthe parking area has not been kept up very w611 and,,'.3) he would suggest that the applicant be required to dress the parking up just a little. B. General Plan Review Chairman Lively read a memo from the City Manager dated 6 August 1971 relative to clarifying the City~s position in 'regard to the bonus suggested from some cases of Planned CommUnity Developments. The Secretary explained that this matter is scheduled for review by the Planning-Environmental Committee on Wednesday, 25 August 1971, Commissioner Metcalf advised that the General Plan Connnittee is willin~ to meet with the Plannin~-Envirqnmental Committee to review this matter at any time. C. Proposed Ordinance NS-3.29 Re Elimination of Certain Conditional Uses in '~-1" Zoning Districts The Secretary stated a memo from the Planning and:Environmental Committee re elimination of certain conditional uses in '~-l" zoning districts is in each Commissioner~s folde~ for information purposes. Chairman Lively explained that i) the Planning Commission was requested by the City Council to study this matter and make a .recommendation which the Commission has done 2) there was no comment made relative to this matter in the General Plan for 1971 and perhaps the-1972 General Plan should include some wording relative to the elimination of! certain conditional uses in the '~-1" zoning districts and 3)the Council Committee feels that a new zoning district should be established in which a select few specialized uses now;normally allowed as conditional uses in '~-1" and other zoning districts would be permitted. The Secretary explained that the type of uses considered for elimination are becoming more and more independent of '~-1" uses. Chairman Lively stated that in the past every.ti~eza Use .Permit"has been ' ]requested for- one....of~ these use's .~.~e'~'~'i'gHb'b'~'~'~'te~.e~~i~=~ .one has' been approved· recently ,.i_.= .= .-"...;=. '-i ~: ."-."'~ ':-=: -..' "' ""=. :'=::": '~".':h{:'V!'=i~="C~' i:/:':::" Mr. Sanford Berliner, attorney representing Mr. and Mrs. Noorudin Billawala i{property owners on Sousa Lane)!stated that 1) his clients are opposed to the deletion of convalescent hospitals from the '~-1" zoning districts 2) if the City Council had adopted the recommendation of the Planning Con~nission rela- tive to this matter and deleted;these uses from the '~-1" zone they would have established a procedure wherebyZhis client would have to-apply for a Change of Zoning for his property and then apply for a conditional Use Permit in order to make use of his property theiway he intends 3) if the proposed amendment is adopted it would affect the flexibility that the Planning Commission now has and non-conforming uses would be created 4) the City should establish an independent zone to allow theseZuses 5) the applicant's parcel on Sousa Lane should be included in the new "Institutional Zone" according to the City CounCil request to the PlanningCommission for inclusion in the 1971 General Plan 6) due to the configuration of the proposed freeway in the Sousa Lane- Quito Road area and existing convalescent homes the only logical use for the subject property would be "Instituational Use". -4- Plannin~ Commission Minutes - 23 August 1971 - Continued VII. C. .[.roposed Ordinance NS-3.29 - Continued Chairman Lively advised that th& subject property on Sousa Lane has been zoned '~-1" and he didinot feel Mr. Berliner was correct in saying that the best use of the property in that area would be "Institutional Use" and the 1971 General Plan does not recommend any change in the ~-1" areas on Sousa~.Lane. Commissioner Marshall stated that the City Council did not recommend. a change in the 1971 General Plan as stated by Mr. Betliner. Mr. Betliner stated that 1) obviously he and CoumnissionerMarshall have different ideas as to what!transpired relative to this matter at the City Council meeting of 18 August 1971 2) his client is anxious to obtain some type of determination from the Planning Commission relative to this matter 3) his'client was advised to submit an appli- cation for a conditional Use Pelfnit and he did that and met with the appropriate Committee and was then advised that the freeway location was questionable and no recommendation codld be made until that situation was resolved 4) a map of the freeway is now available and has been discussed with Councilman Smith:and the Planning and Environmental Committee and 5) the applicant:now requests that a report with a recommendation to the City CounCil be prepared relative to this matter at the earliest possible date. Commissioner Marshallstated tha~ Item (3) of the Planning and Environmental Committee to the City Council dated 18 August 1971 recommends as follows: "3) Revise the General Plan, subsequent to and independent of the 1971 General Plan Review, to reflect a land use designation in appropriate locations established under good Planning principles for possible zoning to "Institutional"." Chairman Lively referred the,proposed ordinance to the Subdivision Committee for further study and a report. D. Small Pet Ordinance Chairman Lively requested that the Planning Department Staff study the Small Pet Ordinance relative toianimals with raucous 'Qutcries to determine if it could be modified since it has occurred to.him that, perhaps, that section of the ordinance is too~stringent especially where it relates to acre lots. ; E. C6nstruction of Home on Three Oaks Way Commissioner Marshall stated that 1) the lot across the street from his house has been sold and he has been.watching the building progress 2) the foundation was the hastiest job.ever put together in that it was poured and left for only twenty four (24) hours before starting construction on the house 3) the builders have.back-filled and graded and formed an unsightly cliff 4) it concerns,him that perhaps the Building Code is too loose 5) he requests that each Commissioner take a'look at this site and 6) it appears that the house was designed without plan or little regard for actual placement of the house on the lot. The Secretary stated that Don Harris, Chief Building Inspector, would submit a report relative to this site..' VIII. COMMUNICATIONS A. WRITTEN None -5- Plannin~ Commission Minutes - 23 August 1971 - Continued VIII. B. ORAL Guests Chairman Lively noted, with regret, the absence of a Councilman at this meeting and then acknowledged, with pleasure, the presence of Mrs. Ruth Owen and Mr~ Ell.is Howard of the Good Government Group~ ~]'~ He, also, thanked Mrs. Owen for the coffee to be served after the recess. XI. ADJOURNMENT Chairman Lively adjourned the meeting at 8:50 P.M. Reapectfully submitted, Stanley M//Walker,' Secretary Saratoga· Planning Cornmiss ion CITY OF SARATOGA PLANNING COmmISSION AGENDA TIME: Monday, 23 August 1971 - 7:30 P.N. PLACE: City Council Chambers, 13777 FruitVale Avenue, Saratoga, California 95070 TYPE: Regular Heating I~ RO.UTINE ORGARI. ZATION A. ROLL CALL B. PiI/~UTE S lI. PUBLIC HEARINGS Q~A. C..-.1.~8 - George W. Days Fruitvale Avenue and Douglas Avenue - Request for Family Residential) - C nt . . s 17 ' III. BUTLnING SITES AND SUBDIVISIONS ~ A. SD-904 - George W. Day, Fruitvale Avenue and Douglas Avenue - SubdivisiOn .' Approval - 15 Lots - Continued from 9 Augus.t.. 1971 ~ B. SDR-918 - Monty R. Boyd, Arroyo do Arguello - Building Site Approval - 1 Lot C C. SD-919 - Xosich Construction Co., Ted Avenue 5 Lots CD. SDR-920 - Roman T. Chavez,. Belnap. Court...-....Bu. ilding Site .Approva.1 - 1,L0~ IV. DESIGN REVIEW ~A. A-381 - St. Andrews Church. Saratoga Avenue - Preliminary Design Review! - v. city co cE .ORT VI. OLD BUSINESS A. C-140 - Prince of Peace Lutheran Church, Saratoga Avenue and Cox Avenue~ - Request to Reopen Public. Hearing. , VII. NEW BUSINESS ~VIII. COMMUNICATIONS A. WRITTEN B. ORAL IX....ADJOU.RbI~NT ' J