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HomeMy WebLinkAbout09-13-1971 Planning Commission Minutes CIIY OF SARATOGA PLA~rNING COMMISSION MI~rOTES TIME:. Monday, 13 September 1971, 7:30 P.M. PLACE: City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California 95070 TYPE: RegUlar Meeting I. ROUTI~ ORGANIZATION The meeting was called to order by Chairman Lively at 7:30 P.'M. A. ROLL CALL Present: Commissioners Fagan, Kraus, Lively, Marshall, and Smith. Absent: Commissioners Martin and Metcalf. B. MINUTES Commissioner Smith moved, seconded by Cormnissioner Kraus, that the reading of the minutes of '23 August 1971 meeting be waived and they be approved as distributed; motion carried unanimously. II. PUBLIC HEARINGS A. C-147 - Clifford C.' Beck, Saratoga Avenue and Cox Avenue - Request °~ for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "P-A" (Professional-Administrative) - Continued from 9 August 1971 'The Secretary explained that it would not be necessary to open the hearing relative to C-147 at this time since the applicant had been informed that due to the fact that the City Council had not yet acted on the General Plan this matter would be continued. The applicant was not present and no one in the audience wished to comment relative to this matter. Chairman Lively did not open the hearing, directed C-147 continued to the next regular meeting, and referred same to the Subdivision Committee. B. C-148 - George W. Day, Fruitvale Avenue and Douglass Avenue - Request for Change of Zoning from "A" (Agriculture) to "R-I-40,000" "P-C" (Single-Family Residential Planned Community) - Continued from 23 August 1971 The public hearing in connection with C-148 was reopened at 7:36 P.·M. The Secretary stated that this matter was continued in order for it to be heard in conjunction with C-149 (next item on the agenda) He then read twD (2) communications filed in opposition to the pro- posed change of zoning and received from: 1)' Harriet T. Parsons of 2901 Broderick Street, San Francisco. 2) Helen Ward, P.O. Box 205, Saratoga. The Secretary then proceeded to explain the maps prepared in connection with C-148·and C-149 and stated that 1) plan ';B'~ is the map originally submitted by George Day for a "P-C" development 2) four smaller maps show the "P-C" concept as envisioned by the Planning Staff 3) Exhibit "V" is the plan reviewed at the last meeting and which everybody seemed to prefer 4) the Subdivision Committee met with the applicant's represent- ative and as a result a plan containing the recommendations of the Staff, the applicant and Mr. Beck (planning Consultant)and 5) plan "B" allows all the lots in the "P-C" development to have frontage on the common green area. -1- Planning Con~nission Minutes - 13 September 1971 - Continued II. B. C.L148 - Continued Commissioner Smith stated that the density in the proposed "P-C" development would be lower than it would be if the property were developed under straight "R-i-40,000" (Single-Family Residential) zoning. Commissioner Fagan stated that ~ resident of the subject area expressed concern about the increase in traffic on Douglass Lane that would result if this "P-C" 'development were constructed, but it is difficult to imagine anyone using Douglass Lane as a short~ cut--route because of the condition of a portion of Douglass. The Secretary stated that if the road is improved sometime in the future then the traffic may well go that way; however, the applicant will not be required to improve ;this area of the road. Mr. Lou Leto, General Manager fQr George Day and Company, stated that 1) with all these lots backing 'up to the common green area it will . discourage unsightly fenc. ing along rear yards 2) every lot on the cul-de-sac has at least 100-feet of frontage and so do almost all of the lots in the subdivision and 3) these lots will look the same on the front of the lot:..~as in an "R-1-40~000" zoning. Chairman Lively closed the hearing for the evening at 7:56 P.M., continued the matter to the next regular meeting, and referred same to the Subdivision Commi..ttee. C;. C-149 - City of Saratoga, FruitSale Avenue and Douglass Lane - Request for Change of zoning from "A" (Agricultural) to "R-I-40,000" "P-C" (Single-Family Residential Planned- ... C ommuni ty ) Chairman Livel.y opened the heari~ng at 7:57 P.M. The Secretary stated the Notices of Hearing. were mailed. and published and the two communications filed in opposition to C-148 by :Harriet T. Parsons and Helen Ward als0 apply to the' subject application C-149. Mr. James C. Creel, 14230 Douglass Lane, a~ked whether the proposed change of zoning would benefit the George Day Company or the City? Chairman Lively stated that 1) .this change of zoning is. proposed by the City as a result of a Study .lSession with the City Council and Planning Commission 2) the Cit~ decided t'o initiate this change of zoning in order to create a situation where proper space would be preserved for the city'in the heart of the con~nunity and 3) it is hoped that the benefits of the proposed zoning will be seen by the citizens of Saratoga. : Mr. Creel stated that 1) he feels that rezoning personal property which forces o~rners' off their property is unfair .2) he is conce~aed that further development in this area would cause a considerable increase in traffic on Douglass 3) D0ugIass Lane is already .a speedway for ' motorcycles and sports cars and '4) he is, also, concerned about how further development would affect.. Wildcat Creek. Mr. Otto Schmaelzle, 14401 Nutw0o'd Lane, inquired why the existing zoning to allow one home per acre cannot remain? Chairman Lively explained that from an aerial view point the one-half acre building sites with the other one-half acre designated as common green acres Will give the appearance of "R-I-40,000" (Single-Family Residential). Mr. Schmaelzle stated that he is opposed 'to any zoning that would allow more than one home per acre and ,he will organize a petition to oppose any zoning that Would permit anything else since the traffic would be .greatly increased. -2- Plannin~ Commission Minutes - 13 September 1971 - Continued II. C. C-149 - Continued " Chairman Lively stated that there will be less homes on the subject property under the "P-C" zoning than would be allowed under the regular zoning. The subject "P-C" zoning is proposed by the City merely to create open-space for the citizens and this would belong to the people living in the subdivision. The open-space could belong to the public if it were dedicated to the City as open-space and if the City accepted the property. Mr~ Schmaelzle stated, he felt, it'was unfair to rezone property as a method to force owners off of their property. Chairman Lively suggested that Mr. Schmaelzle come into the City Offices and review all the available maps for the proposed "P-C" development and have the Planning Director explained exactly what a "P-C" development would entail. Mr. Creel inquired ~ each occupant of the "P-C" development would be obliged to donate a certain sum'each month for the purpose of maintain- ing the open-space. Chairman Lively explained that each resident would be assessed and a Maintenance District would be formed or arrangements could be made for the City to maintain the open-space and the residents of the area would be taxed for said maintenance. Mr. Le[o explained that 1) everyone seems concerned about additional · " traffic in the area if all the subject 'property is developed at once 2) George Day will not develop all of this property (only the seventeen acres o~med by Day) and the property owners in the area who do not wish to sell or develop their property will not be forced to do so 3) the proposed change of zoning simply indicates that the City would like this area improved under a "P-C" development if it is to be developed or when and if the owner does decide to develop his property located in the subject area and 4) under the proposed "P-C" development the view from Fruitvale Avenue will be greenery and trees ~nd not the backs of houses as would be the case under straight "R-I-40,000" (Single-Family Residential) zoning. Mrs. Schmaelzle inquired whether the taxes would go up on all this property if the zoning were changed? The Secretary explained that the zoning of property is one of the consider- ations in determing the assessed value but until the land is developed the taxes would not necessarily go UP; however, the taxes can go up with the increased value of the'land itself. Chairman Lively requested the Planning Director to discuss this matter with the Tax Assessor to determine how the subject change of zoning would · affect the property o~,~ers in the area. Mr.'Edward Panelli, attorney for the applicant, stated that the owners could protect themselves from increased taxes by filing under the Williamson Act. Mr. Creel stated that no one can assure these property owners that their taxes will not be raised so much that they will be forced to sell their property. Mr. Anthony Ban stated he owned property in the subject area and the taxes are too high already. A resident of Shadow Oaks stated that 1) Douglass Lane is presently used as a thorgughfare and it is difficult to imagine' that the traffic will not be increased with further development and 2) the beautiful creek located in this area is very important to many existing residents and they would not like to see it changed in any way. -3- II. 'C. C-149 - Continued Commissioner ~rshall suggested that the people objecting to the "P-C" zoning have a careful talk with property owners in this area who have proposed a park or "R-i-20,000" zoning for the property in this area. Chairman Lively closed the hearing for the evening.at 8:19 P.M., directed C-149 continued to the next regular .meeting and referred same to the . Subdivision Committee. D. C-i39 - Malachy'J. Moran, Saratoga Avenue - Request for.Change of Zoning from "R-I-20,000" (Single-Family Residential) to "R-l-15,000" (Single-Family Residential).- Continued from 26 July 1971 ' Chairman Lively re-opened the hearing at 8:21 P.M. TheSecretary stated Chat the applicant has submitted a letter requesting that'C-139 be continued to the next regular meeting. Commissioner Smith stated that this matter has been before the Planning Commission for about eighteen (18) months and he would recommend that the matter be continued for another two (2) weeks onl~ with the under- standing that action will be taken at the end of the two-(2) week period. Chairman Lively so directed and closed the public hearing for 'the evening at 8:23 P~M. and referred same to the Subdivision Committee. III. BUILDING SITES AND SUBDIVISIONS A7 SD-904 - George W. Day, Fruitvale Avenue and Douglass Lane - Subdivision Approval - 15 Lots - Continued from 23 August1971 " CommissiOner Smtih stated that SD-904 should be continued to the next regular meeting since it has been filed in conjunction with'C-148. Chairman Lively so directed. B. SDR-911 - Willard ~ompson, Oak Street and St. Charles' Street - Building Site Approval - 1 Lot - Continued from9 August 1971 Commissioner Smith explained that. the.applicant'did grant a thirty (30') day extension which will expire before the.next meeting and at the time the applicant originally .made his application it'was a valid application an~.,therefore, the statement in the General Plan relative to this area does not'apply in this case. The Secretary explained' that the City Council did authorize the traffic study for this area which will take about three (3) to six (6) months to complete. Mr. Willard Thompson, applicant, stated that 1) he purchased this property five (5) or six (6) years ago and when the property was in escrow Fifth' Street was abandoned by the City and the Title Company 'felt this should be examined and it was discovered that the City never did own this street and the title went back to residents of McCartysville (former name'for the City of Saratoga) 2) he did find some of the owners of the 'property and managed to have'the title changed 3)' an effort to find .financing for four (4) units is difficul't 4) during this time the City requested that Construction be postponed to allow time to consider whether St. Charles Street would be used as a one-way street '5) now the traffic study will again postpone action on' the building site a~d'6)' he feels he has abided by all the rules and had done everything the City has requested. Chairman Lively stated he would be in favor of allowing this matter to remain active until after the traffic study is completed. The SeCretary explained that a Citizens Committee will be formed to consider the traffic. study and'he feels sure the applicant will be asked to be a member of that COmmittee.' -4- Planning Conm~ission Minutes - 13 Septembe'r 1971 - Continued Ill. B. SDR-911 - Continued Commissioner Smith moved, seconded by Coxm~issioner Kraus, to deny building site approval for SDR-:911 unless a letter of extension is received from the applicant; motion carried unanimously. C. SDR-918 - Monty' R. Boyd, Arroyo de Arguello - Building Site Approval· - 1 Lot - Continued from 23 August 1971 Commissioner Smith recommended that SDR-918 be continued to the next regular meeting. Chairman Lively so directed. D. SD-919 - Kosich Construction Co., Ted Avenue - Building Site Approval - 5 Lots - Continued from 23 August 1971 The applicant was present and stated he had reviewed the proposed · conditions of approval and expressed satisfaction of same. Commissioner Smith moved, seconded by Conm~issioner Kraus, that the Subdivision Committee Report dated 13 September 1971 relative to SD-919 be adopted and that the tentative map (Exhibit "A-I", filed 2 September 1971) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-920 - Roman T. Chavez, Belnap Court - BuildingSite Approval - 1 Lot - Continued from 23 AUgust 1971 Commissioner Smith recommended that SDR-920 be continued to the next regular meeting. Chairman Lively so directed. IV. DESIGN REVIEW NONE V. CITY COUNCIL REPORT The Secretary gave a sun~nary of items reviewed and action taken at the City Council meeting of 1 September 1971, with emphasis on items of particular interest to the Commission. PLANNING POLICY COMMITTEE Commissioner Kraus gave a summary of items considered at the Planning POlicy Committee of 26 August 1971 with emphasis on the following: 1) Elimination of the Executive Committee. An ~ alternate representative from each City. has been requested in case the regular member cannot attend the meeting of PPC. 2) The Martin'Marietta Corporation's proposal fbr an Enviro~nnental Park for Santa Clara County. 3) That the Advisory Committee on Housing be composed of a PPC men~er from each jurisdiction and a PPC designee from each jurisdiction. VI. OLD BUSINESS A. SDR-914 - Gill Schaper, Hilltop Way - Request for Reconsideration of Conditions The Secretary stated that this is a request made by the applicant to 'ask the City to reimprove Hilltop Way. The Secretary recommended that the matter be continued to the next regular meeting and referred to the Subdivision Committee. Chairman Lively so. directed. Planning Commission Minutes -· 13 September 1971 -Continucd VI. B. UP-191 - Brown and Kauffmann~ Brockton Lane - Request for Extension The Secretary recommended that this matter be referred to the Staff for a report since further time is necessary to determine the applicant's compliance with the parking and .street zree planting requirements. Mr. Pete Rose, present to represent the applicant, questioned whether · there was really a need for continuance of the parking lot in conjunction with' the subject Use Permit since all but one of the model homes have been sold and the·remaining lots will be built-on according to individual specifications. Chairman Lively directed Mr·. Rose to discuss this matter with the Planning Department Staff and continued the matter to the next regular meeting. C. Construction of Home on Three Oaks Way The Secretary explained that the Chief Building Official, Don Harris, submitted=a letter·of explanation after making a construction inspection at 19557 Three Oaks Way. "Commissioner Marshall amended the report and stated 1) he still felt there were many discrepancies allowed in the construction at this site and maybe the Building Code should be changed to·have stricter regula- tions·2) the Subdivision Committee spends a.great deal of time studying potential·building site applications and 3) all single family homes should, perhaps, be required to apply for Design Review Approval just as is ~equired for subdivisions. Chairman Lively referred this matter to the·Staff and requested them to check with other cities to determine ~at type of ·approval they require for their s~ngle-family residence. 'VII. NEW BUSINESS A. SD-607 - Douglas P. Hines, Pierce'Road - Access Road The Secretary stated that the applicant has submitted a'letter requesting that the City modify their action concerning Mr. Bowman's building site (SDR-910) approval and require instead that access to his property be 'made from the proposed city street immediately to the south of his property~ Chairman Lively referred this matter to the Subdivision Committee for further study and directed the matter continued to the next regular meeting. B. KUnkel-~omas - Preliminary Map - "P-C" (Planned-Community) Development The Secretary explained that 1) ~he representatives of Kunkel-Thomas met with the Subdivision·Committee and they have submitted maps for consideration by the entire Planning Commission this evening 2) the property involved is the Hartman Property on Sobey Road and 3) it consists of 12+ acres with proposed single-family homes On a cul-de-sac bordered by open-space and a community-center area on one side. Chairman Lively suggested that 1) it should be determined how many building sites they could realize with this property under a standard subdivision and 2) the trees must be sho~ on the map before any· consideration can be given by the Planning Commission. -6- Planningf Commission Minutes - 13 September 1971 - Continued VIII. CO~DiUNICATIONS A.WRITTEN None B. OIAL Chairman Lively noted, with regret, the absence of a Councilman at this meeting and then acknowledged, with pleasure, the presence of Mrs. Wilberding of the Good Government Group. He, also, thanked Mrs. Wilberding for the coffee to be served after the recess. IX. ADJOUP~],ZNT Chairman Lively adjourned the meeting at 9:00 P.M. Respectfully sub~tted, Stanley M. '..,~alker, Secretary Saratoga Planning Co~ission, j -7-