HomeMy WebLinkAbout06-12-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION
MINUTES
TIME: Monday, 12 June 1972 - 7:30 P.M.
PLACE: Saratoga City Council Chambers, 13'777 Fruitvale Avenue, Saratoga, California
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 .Bacon, BelOnged, Lively, Marshall, Martin,
Metcalf, and Smith.
B. MINUTES
Commissioner Smith moved, seconded ]by Commissioner Marshall, that the reading
of the minutes of the 22 May 1972 meeting be waived and they be approved as
distributed with the following cha~ges. .page 2. .under II. C. UP-213.
paragraph 2. .line 2. .insert the word "is" between the words "request" and
"to". . .page 3. .under II. C. 2UP-213. .paragraph 5. .delete the follow-
ing from lines 1 and 2. ."the pr6posed remodeling and modernization of, this
facility indicates that"; motion carried unanimously.
II. PUBLIC HEARINGS
A. UP-213 - St. Nicholas Orthodox Church, Elva Avenue - Request for Use Permit
to Allow Remodeling and MOdernization of Present Church Facilities -
Continued from 22 May 1972
Chairman Lively reopened the hearing relative to UP-213 at 7:35 P.M.
The Secretary read the Staff Report dated 12 June 1972 recommending that the
subject request for Use Permit be approved.
Chairman Lively recommended that the subject Staff Report be amended as
'follows. .paragraph 1. .line 4. .change the words "creek channel" to
"drainage channel" and add the following sentence to paragraph 1.
"Reference Exhibits "A" through "Z'!.
Commissioner Smith moved, seconded;by Commissioner Marshall, to close the
hearing relative to UP-213 at 7:40~P.M.
Commissioner Smith moved,.secondediby Commissioner Marshall, that the Staff
Report dated 12 June 1972 be adopted, as amended, and the subject Use Permit
to allow remodel~pg and modernization of the St. Nicholas Orthodox Church
facilities be ~ppro~ed, on the basis the findings required under Section 16.6
of Ordinance NS-3 can be made and subject to the condition stated in said
report; motion carried unanimously.'
B. UP-207 - Brookside Club of Saratoga, Cox Avenue - Request for Use Permit to
Allow Two (2) Additional Tennis Courts
Chairman Lively opened the hearing relative to UP-207 at 7:41 P.M.
The Secretary stated that the NotiCe of Hearing was mailed and that the appli-
cant is requesting a revision to the existing Use Permit to allow two (2) addi-
tional tennis courts for the Brookside Club with the additional new courts facing
Brook Glen Drive.
Planning Commission Minutes - 12 June 1972 - Continued
II. B. UP-207 - Continued
Mr. Jim Sanders, present to represent the applicant, stated that 1) the
reason the request for the additional tennis-courts at this time is that
the last piece of land has become available which would allow the final
expansion of this club 2) the ciub membership consists of 240-families
- all of whom are residents of Saratoga 3) the number of tennis players
:has doubled and will double again in the next five (5) years 4) the
tennis courts at the club are well used and it has been found that the
number of tennis players has gro~n so much the club does not have the
adequate facilities to give members the playing time they deserve 5) this
club produces recreation for people in the area and the availability of
the tennis courts has p~oduced youths that have gone on to play college
championship tennis 6) these additional tennis courts do not encroach
on anyone's rights and the parking will be over toward the new street
and will be elaborately landscaped and 7) the membership will not be
increased. :
Commissioner Metcalf explained that the plan submitted shows two (2)
trees to be removed that the Planning Commission d~es not want eliminated.
Mr. Sanders stated that 1) ther~ are a lot of trees on this property and
some of them should not be moved;. however, the two (2) walnut trees in
question have shadowed some magnolia trees and stunted their mature growth
and 2) the removal of the walnut trees will allow these magnolia trees to
develop.
Commissioner Metcalf explained that the matter of tree removal will be
given further consideration at the time of Design Review.
Chairman Lively stated that the h'earing was already closed and action
taken relative to UP-207; therefore, this new request should really be
considered under a new Use Permit Application.
Commissioner Metcalf recommended that condition (4) of the Staff Report
dated 10 April 1972 relative to UP-207 be amended by adding the following
sentence:
"Use shall be limited to members and bona fide guests."
Commissioner Metcalf then slated zthat it is pointless to limit the number
of members in the club to 250 and then allow them to advertise public swim-
lessons for non-members.
Mr. Sanders explained that the swim lessons are offered for financial reasons
since the teachers at the club must be paid and all the people making use of
the swim lessons are Saratoga residents so in that way it is beneficial to the
community. :
The Secretary explained that he d!id review'this matter with the City Attorney
and in his opinion offering publi~ swim-lessons does not alter the status of
the club as a non-profit organization.
MrL'Sanders explained that he would request that the subject Staff Report
dated 10 April 1972 relative to UP-207 be changed to allow use of the
tennis courts at 7~00 A.M. since this would certainly not cause any more
disturbances than the city streetssweeper.
The Secretary explained that some: communications were received from the
residents of the area that feel the club has violated the swim hours by
starting at 9:00 A.M. rather than:10:00 A.M. on weekends.
Planning Commission Minutes - 12 June 1972 - Continued
II. B. UP-207 - Continued
Mr. Gene Steiger, 19523 Northampton Drive, stated that 1) he is a member
of the Brookside Club 2) on 12 February 1972 he put a deposit on a new
house to be built just two (2).doors away from the proposed new tennis-
courts 3) at the time he'put th~ money on deposit the proposed tennis-
courts were not a matter of consideration.4) he has spent four (4) months
preparing plans for a $68,000 home and he does not particularly want to
listen to people playing tennis all weekend 5) the tennis courts previously
approved by the Planning Commission have not yet been constructed and this
should be accomplished prior to any addition approval 6) if some members
drop out because of lac~ of new tennis courts - new members will take their
placers. andS7) in April of this y~ar the general membership was asked to vote
on these additional courts and the membership voted to deny this proposition.
Mrs. Donald Askew of 12641 saratoga Creek Drive stated that 1) she is
again present to represent the residents of the neighborhood 2) if non-
members would not be allowed to take lessons at this club then there would
be ample room at the club for the members 3) if the tennis players are
.allowed to play at 7:00 A.M. a real noise problem will result - not only
during the playing time, but associated noises such as people arriving in
cars and slamming doors 4) the club has again violated its Use Permit by
having swim meets that start at 9:00 A.M. instead of the permitted 10:00 A.M.
and they use an amplifier and microphone and she doubted if the noise generated
by these mechanisms!.is beneficial to the neighborhood and 5) some of the
neighbors are elderly and sickly and the din from all the activities, especially
early in the day, is very annoying.
Mr. Webster Waliff, member of the Board of Directors of the Brookside Club,
stated that 1) it is true 'that 6he Brookside Club advertises swim lessons
but does not advertise tennis lessons to the public 2) those non-members
who use the tennis courts are private students of the resident-pro 3) there
is a juni. or tennis-program, which involves only children who are members of
the Brookside Club 4) an eight ~8) court plan was turned down because of
encroachment on land behind the Brookside Club 5) now this opportunity has
presented itself to get one moreilot to build additional courts 6) houses
will be built on the property ifzthe tennis-courts are not allowed and 7) if
the two (2) additional tennis-courts are allowed the club will have a total
of nine (9) courts and!~these will be adequate to serve the club's needs.
Mr. Sanders stated that since Mri Steiger is a member of the Brookside Club
he should have been aware of the. proposed courts prior to purchasing the
land for his home and preparing the plans for same.
Mr. Sam. Hernandez, local businessman, stated that 1) Mr. Sanders has pointed
out that Saratogans use this club and that from a financial standpoint the
club must expand and 2) if that!is the case perhaps this club should expand
and relocate in a commercial area and not in a residential area.
Chairman Lively stated that the ~lub has a Use Permit and has been operating
as a non-profit organization for. some years at the present location.
Mrs.)Askew stated that 1) she felt that the suggestion to limit the use of
the club to members and bona fide guests is an excellent idea 2) on some
occasions the club has had as many as twenty (20) lessons each oneShalf hour
- with five (5) or six (6) coaches teaching at one time 3) these were not
private lessons for the members and 4) other clubs seem to manage without
having all these activities for non-members.
Commissioner Martin stated that he is concerned about the violations of
conditions that were so recently! imposed and the matter should be investigated
at the time it occurs.
Chairman Lively requested the SeCretary to 1) discuss these violations with
the manager of the Brookside Club and 2) supply one of the neighbors with the
phone number of the appropriate ~taff member to contact when these violations
.dO, occur.
Planning Commission Minutes 12 June 1972.- Continued
II. B. UP-207 - Continued
Chairman Lively closad the hearing for the evening at 8:19 P.M., directed
UP-207 continued to the next regu'lar meeting and referred the matter to
the Subdivision Committee and req'uested each Commissioner to review the
12 April 1972 report relative to UP-207 with particular attention to
Sections 4 and 5.
C. V-374 - Brookside Club of Saratoga, Cox Avenue - Request'for Variance to
Allow Reduction of Front Yard Setback Requirements
The Secretary explained 'that the !applicant has submitted a letter requesting
withdrawal of this variance request since he has decided on an alternate proposal
which does not require a variance.
Commissioner Bacon moved, seconded by, Commissioner Martin, that the request
for withdrawal be approved and that all further deliberations relative to
V-374 be terminated; motion carried unanimously.
D. V-378 - Teleprompter Cable T.V., Quito Road - Request for Variance to Allow
Overhead Installation of Main Aerial Cable
Chairman Lively opened the public' hearing relative to V-378 at 8:2rP.M.
The. Secretary slated the Notice of Hearing was mailed and then read a letter
filed in opposition to the subject variance and signed by the following:
1. Mr. and Mrs. Charles Mahan of 18635 Montewood Drive.
2. 'Mr. and Mrs. Charles Odineal of 18634 Montewood Drive.
3. Dr. and Mrs. Freder!ick Kurzweil, Jr. of 18667 Montewood.D~ive.
Mr. Bill Wagner, Manager for Teleprompter Cable T.V., stated that 1)'.h~
has submitted a letter to the City Manager recommending aerial construction'
on Quito Road 2) these aerial co'nnections will serve Monte Sereno and Are
needed to allow for pole continui!ty 3) the City does have a Cable T.-V.
Ordinance,4) the City will be c6nsidering awarding the Cable T.V. franchise
in the near future and Telep~omter is one of three (3) applicants 5) the
applicant is asking that he be a~lowed to continue with the above-ground
aerial-construction in order tha~ progress can be continued since construc-
tion is about three (3) to four (!4) months behind schedule and 6) the most
desirable arrangement would be to install a multiple cable and in that way
Saratoga will be able to hook into this messenger unit and the applicant
~v"" can serve his franchise area and hopefully the Saratoga franchise will be
· '~ awarded to the applicant.
Mr. Wagner further explained, in 'answer to an inquiry from Commissioner
Marshall, that there will be amplifiers installed during the aerial construc-
tion and the amplifiers will lie in a flat position.,
Chairman Lively inquired if the applicant was aware that Saratoga had an
underground ordinance when this network of aerial connections was established?
Mr..Wagner explained that the City Attorney has stated that the franchise
has not yet been granted; therefore, the franchise ordinance is not in
force. The ordinance states that all construction will be aerial except
where underground exis'ts.
Mr. Odineal of 18634 Montewood D~ive voicedhis opposition to the proposed
variance since he felt there wer~ already too many cables hanging overhead
in this area and anyone wanting Cable T.V. should pa~ for undergrounding the
cables.
Commissioner Bacon stated that since this aerial construction would not
serve Saratoga the applicant should be required to underground the subject cables.
Planning Commission Minutes - 12 June 1972!- Continued
II. D. V-378.- Continued
Commissioner Marshall explained that the reason the applicant has requested
permission to install these cables on the Saratoga side is because there
is no space for the poles on the other side of the street.
Mr. Wagner explained that whoeveE is awarded the the cable T.V. franchise
for Saratoga will have problems s. ince the City Ordinance does state that
all wiring will be aerial where ~erial wiring now exists. All the contractors
submitted their bids on the bas~s of an aerial base system.
Chairman Lively requested the SeCretary to contact the City Attorney
to determine if the bids were submitted in accordance with the CATV Ordi-
nance. He then closed the hearidg for the evening at 8:38 P.M., directed
V-378 continued to the next regular meeting and referred. same to the Variance
Committee for study. ,
Commissioner Martin, Chairman of the Variance Committee, made an appoint-
ment to meet with Mr. Wagner forlan on-site inspection on Saturday, 24 June
1972 at 9:00 A.M.
E. V-379 - Dr. Marvin Frieder, Bellecourt Avenue - Request for. Variance to Allow Decrease in Side Yard Setback Requirements
Chairman Lively opened the hearing relative to V-379 at 8:40 P.M. 'The
Secretary stated the Notice of Hearing was mailed.
Susan K. Manning, landscape designer, was present to represent the applicant
and stated that 1) there i.s no Way to locate the tennis-court on this property
without a variance and it is difficult to play tennis on something less than
the regulation 120 X 60-foot-size court.
Freida McKenzie of 15261 Bellecourt stated that 1) she lives about three
(3) houses away from the applicant and behind another neighbor~ tennis-court
2) if a tennis-court were to be proposed at a certain angle on the lot
next to hers then she would have to look out her bedroom window directly
onto a 12-foot chain link fence and 3) careful consideration should be
given to allowing too many tennis-courts in one area.
Mrs. Manning explained that 1) the house does exist on this lot along with
a guest cottage 2) after allowing space for the pool a variance is necessary
for the tennis-court and 3) the;chain-link fence would be covered with ivy.
Commissioner Martin suggested that instead of a 12-foot fence the applicant
be required to provide a 20-foot.high.'hedge.
Mrs. Manning explained that the fence could be a redwood-post-and-rail
fence - a chain-link fence is not real attractive; however, a fence is
necessary to prevent the tennis balls from going into-the neighbors yard.
Commissioner Marshall observed that the tennis court could possibly be
realized without a variance if adjustments were made in the proposed plans
· for development of this property~
Chairman Lively closed the hearing for the evening at 8:52 P.M., directed
V-379 continued to the next regular meeting, and referred same to the Variance
Committee.
Commissioner Martin, Chairman of the Variance Committee, made an appointment
with Mrs. Manning for an on-site inspection on Saturday, 24 June 1972 at
9:30 P.M.
-5-
II. F. C-155 - Saratoga Foothills Dev. Corp., Big Basin Way - Request for Change
of Zoning from "C-V" (Visitor-Commercial) to "R-M-3,000" (Multi-
Family Residential) - Continued from 22 May 1972
Chairman Lively reopened the hear:ing relative to C-155 at 8:53 P.M.
The Secretary read a letter recei:ved from Robert Durham, President of
the Saratoga Chamber of Commerce,Z requesting that the proposed change-
of-zoning be denied on the basis .the zoning of this property is vital
to the development and expansion ~of the village commercial-area.
The Secretary further stated that: this mat'ter was continued to await
the City Council opinion or dhfinition of the word "consistency" as
it relates to the Zoning Mmp and .General Plan Map.
Commissioner Metcalf suggested th. is application be continued off the
agenda until completion .of the 1972 General Plan Review.
Commissioner Smith recommended that the matter be continued until after~-
the City Council adopts an ordinance defining the word "consistency".
Rezoning this property to "R-M~' would actually be upgrading the area
as it relates to residential. ~ '
The Secretary explained that the .City Council has sent to the Planning'
Commission an interim definition 'of "consistency" which can be used until
the ordinance is adopted.
Commissioner Metcalf explained that to be Uconsistent" the zoning land-
use map.must be the same by 1 January 1972 and all change of zonings must
be in accord.
Mr. Bernie Turgeon, present to represent the applicant, stated that this
· nt"
change-of-zoning would be "cons~ste as defined by the City Council -
rezoning this property from commercial to "R-M" will result in a better
community and a better use 6f thfs property.
Chairman Lively stated that there is a schedule for completion of the
General Plan and the Planning Commission plans to proceed rapidly with
their study so it can be forwarded to the City Council by mid August.
Mr. Turgeon explained that he felt they had a good plan for development
of this property and it could be 'analyzed' without going through General
Plan hearings. If this matter is continued until after the General Plan
the building period will have paslsed for this year.
Chairman Lively explained that there have been some residents of the area
that have indicated they are in favor of the proposed change of zoning.
Commissioner Metcalf stated that Zthe Planning Commission should not
lightly regard an application for change of zoning that iS not in
canformance with the General Plan.
Mr. Turgeon, in answer to an inquiry from Commissioner Belanger, explained
that there will be about 34-units in the proposed apartment-development.
Mr. Sam Hernandez, local business manager, stated that 1) his business is
almost adjacent to the subject property 2) if this zoning is changed to
allow "R-M" development it will be downgrading the area 3) the-subject
property was rezoned to commercial approximately two (2) or three (3)
years ago 4) at one time the City of Saratoga paid experts to aid in the
proper zoning of the City and they suggested commercial zoning for this
property 5) the commercial area :of the village has nowhere to expand
if this property is developed as ."R-M" and 6) a development of the type
proposed would be more suitably located along Saratoga Avenue.
It was agreed by the members of tlhe Planning Commission to continue this
matter off the agenda until after completion of the 1972 General Plan Study.
Chairman Lively closed the hearing for the evening at ~:13 P.M., directed
C-155 continued off the agenda until such time as the Planning Commission
completes their Study Session, COmmittee Hearings, and Public Hearings rela-
tive to the 1972 General Plan ReView.
~6-
Plannin8 Commission Minutes - 12 June 1972~- Continued
II. G. General Plan Review - 1972 Yearly, Review - Study Session
COmmissioner Marshall moved, seconded by Commissioner Bacon to continue
the study session relative to the~General Plan (Item II-F) for discussion
under Item VIII-B; motion carried'unanimously.
III. BUILDING SITES AND SUBDIVISIONS
A. SD-952 - AVCO Community Development, Inc., Cox Avenue and Sea Gull Way
- Subdivision Approval -~67 Lots - Continued from 22 May 1972
Chairman Lively noted that the tehtative map shows the freeway right-of-way
over this property.
Commissioner Smith stated that the tentative map, also, shows the nineteen
additional lots that can be developed if the State Highway Department decides
not to build the freeway through this property.
Commissioner Smith moved, seconded by Commissioner Bacon, that the Subdivision
Committee Report dated 12 June 1972 relative to SD-952 be adopted and that the
tentative map (Exhibit "A-3", filed 12 June 1972) be approved subject to the
conditions set forth in said report; motion carried unanimously.
B. SDR-963 - James J. Asher, Kittridge Road - Building Site Approval - 1 Lot -
Continued from 22 May 1972
The Secretary explained that this. matter should be continued to allow the
applicant time to rectify problems relative to approval of a.'.Septic,.~tank
for this property.
Commissioner Smith moved, seconded by Commissioner Marshall, to deny Building
Site Approval for SDR-963 unless a letter of extension is received from the
applicant; motion carried unanimously.
C. SD-969 - Osterlund Enterprises, Allendale Avenue - Subdivision Approval -
16 Lots - Continued from 22 May 1972
The Secretary recommended that this matter be continued to the next regular
meeting to allow the applicant time to work on the design of the subdivision
and the lot sizes. The applicant has granted the Planning Commission an
extension to 26 June 1972.
Chairman Lively directed SD-969 c~ntinued to the next regular meeting.
D. SDR-971 - Carlton Tropila, Three Oaks Way - Building Site Approval - 1 Lot -
Continued from 22 May 1972
Commissioner Smith stated that the problem in connection with the driveway
on this lot has been resolved.
Commissioner Marshall stated that 1) there is some concern with the earth
fill on the adjadent lot 2) the 'grading on the lot should h~ve been given
careful.. attention by the City Staff 3) a similar situation occurred on
Bohlman Road and it is fortunate that the winter rains were light last year
otherwise, there may have been a tragic incident because of the non-compacted
earth 4) the Building Department Staff and Planning Department Staff
shouldtake action to require planting of erosion prevention material on lots where
extensive grading is done 5) if it were planted on this
property at this time it could be of sizeable growth by next winter and
6) the City should ask this property owner to release the City from any
liability.
The Secretary stated that he would contact the City Attorney to determine
if such a release is necessary.
Chairman Lively recommended that Condition II-C of the Buirding Site Committe
Report dated 12 June 1972 relative to SDR-971 be amended by adding the
following sentence:
."Or as approved by the Director of Public Works."
~7-
Planning Commission Minutes - 12 June 1972.- Continued
III. D. SDR-971 - Continued
Commissioner Marshall, in answer. to an inquiry from Commissioner
Belanger, stated that the constr'uction on the lot adjacent to Mr.
Tropila was not completed in accordance with the Building Permit
and there is unstable soil on tie property.
Commissioner Belanger recommended that these people be asked to
correct the improper grading situation.
Commissioner Marshall stated thalt it could be corrected by
property erosion-control planting.
Commissioner Smith stated this is an internal matter between the
two (2) neighbors. '
Chairman Lively directed the St~ff to investigate this matter.
Commissioner Marshall stated that this applicant has started the grading
on the subject property and he ~as done so at his own risk without a
Building Permit or Building Site Approval with the consent of the Staff.
Chairman Lively instructed the S~taff to inform each applicant in the
future that he is not to proceed with any building preparation prior
to obtaining Building Site Approval and a Building Permit. and under
no circumstances is the Staff t0 give their verbal permission to
allow any applicant to proceed ~n advance of these said approvals.
Commissioner Metcalf stated tha~ it is ridiculous for the Planning
Commission to review the maps for Building Site Approval if the Staff
will allow an applicant to proceed at his own risk.
Mr. Bernie Turgeon, Saratoga Foothills Development Corp., stated that
he has been building in the City of Saratoga for eleven (11) years and
has never been given permission'by any Staff member to proceed with
any construction prior to receipt of the property permits
Commissioner Smith moved, seconded by Commissioner Bacon, that the
Building Site Committee Report dated 12 June 1972 relative to SDR-971
be adopted, as amended, and that the tentative map (Exhibit "A-i",
filed 1 June 1972) be approved subject to the conditions set forth in
said report; motion carried unanimously.
E. SD-972 - Osterlund Enterprises, Inc., Saratoga and Cox Avenues - Subdivi-
sion Approval - 10 Lot~
Commissioner Smith recommended ~hat SD-972 be continued to the next regular
meeting to allow time for the PUblic Works Department to further study the
matter.
Chairman Lively so directed.
IV. DESIGN REVIEW
A. A-394 - St. Nicholas Orthodox Church, Elva Avenue. Preliminary Design Review
- Remodeling Church Facilities - Continued from 22 May 1972
Commissioner Metcalf read the Staff Report dated 12 June 1972 relative to
A-394 recommending that Preliminary Design Review be granted for the
remodeling of the existing churdh facilities.
Chairman Lively recommended tha~ the subject report be amended in
paragraph 1. .line 4. and in condition b. .line 3. .delete the
words "creek channel" and'instead insert the words "drainage channel".
Commissioner Metcalf moved, seconded by Commissioner Belanger, that the
Staff Report dated 12 June 1972~be adopted, as amended, and that Preliminary
Design Approval be granted for A-394, St. Nicholas Orthodox Church, for
remodeling of the existing church facilities as shown on Exhibit "A", "B", and
"C" subject to the conditions s~ated in said report; motion carried unanimously.
Planning Commission Minutes - 12 June 1972'- Continued
IV. B. SS-73 - George Day, Fruitvale Avenue and DouRlass Lane - Final Design
Review - Temporary Subdivision I.D. Sign
The Assistant Planner stated that!the applicant has submitted a revised
exhibit for the subject sign.
Commissioner Metcalf stated that ~he felt the two (2) different styles of letterin~ic
and the three (3) different color~ proposed for this sign were undesirable.
Commissioner Belanger stated she Objected to the proposed sign on the
basis of design. It did not look'like it would advertise the type of
subdivision that the Plapning Con~nission had .in mind for this area.
Commissioner Metcalf recommended ~hat SS-73 be continued to the next
regular meeting to allow time for2further study.
Chairman Lively so directed. ,
V. CITY COUNCIL REPORT
Chairman Lively gave a brief summary 6f items reviewed and action taken at
the City Council meeting of 7 June 1972, with emphasis on items of particular
interest to the Commission. The most ~important item being the City Council
.................. de!egat]ng the authority to the Plan~ing_Commission to determine "consistency"
of zoning with the General Plan.
Planning Policy Committee ....
Chairman Lively, also, gave a brief shmmary of items reviewed at the Planning'
Policy Committee meeting of 25 May 1972.
RECESS AND RECONVENE
VI. OLD BUSINESS
Victory Baptist Church~ Cox Avenue - Request for Additional Use to :".C~N"~-Zoning
District - Continued from 22 May 1972
· The Secretary recommended that this matter be continued to the next regular
meeting since there are other considerations that must be reviewed - there
are other cases in the village where zsmall churches are renting space in
different buildings and these situations should all be studied before a
recommendation is submitted relative .to this request.
Reverend Hull, present to represent t'he Victory Baptist Church, stated 1) his
congregationwas. looking for a building' to rent and the owner of the building
they are in now offered it to them 2): now they (he and his congregation) find
themselves in this building illegallly and must request that "churches"
be allowed in this zoning district. The members of the church are in the
process of looking for a permanent site in the City of Saratoga.
Chairman Lively directed the matter c',ontinued and referred the subject request
to the Subdivision Committee for stud. y.
SDR-955 - Angelina Arata~ Maude Avenu"e - Request for Reconsideration of Conditions
The Secretary stated that the Staff Report dated 12 June 1972 relative to this
matter recommends that the request for reconsideration of conditions be disapproved.
Chairman Lively recommended that the '.subject Staff Report be amended in
paragraph 1. .line 1. .delete "Conditions II-A thru M". .and instead
insert "Conditions II-B,. II-C, and II.D".
Commissioner Smith moved, s~conded by Commissioner BacOn, that the Staff Report
dated 12~ June 1972 be adopted, as amended, and .that the Planning Commission
recommend to the City Council that the subject conditions II-A through II-M
of the Building Site Committee Report' dated 24 April 1972 be imposed as currently
required and the request' for exception of conditions be disapproved; motion
carried unanimous ly.
Planning Commission Minutes - 12 June 1972,- Continued
VI. ADDING USE TO "C-V" ZONING DISTRICT
The Secretary stated that the applicant Mr. McFarland, did meet with the
Subdivision Committee to discuss this:matter. A memorandum from the
Planning Director recommends that "Television and film studios including
mobile facilities" be added to the list of permitted uses in the "C-V"
(Visitor-Commercial) Zoning District.i
Commissioner Marshall recommended that paragraph 1. .line 2. .be amended
be deleting the word "permitted" and instead inserting the word "conditional".
Commissioner Smith recommended that the last paragraph of said memorandum
be deleted.
Commissioner Smith moved, seconded by, Commissioner Bacon, that the Planning
Director's memorandum be adopted, as ~mended, and that "Television and film
studios including mobile facilities" be added to the list of conditional uses
in the Visitor-Commercial Zoning District; motion carried unanimously.
VII. NEW BUSi}~SS ; '
OPEN SPACE
The Secretary stated that in each Commissioners folder there has been placed
a copy of. an inventory for open-space~facilities. Individual cities can get
some revenue by adopting open-space elements for the General Plan, but it must
be done by 1 July 1972.
Chairman Lively recommended that a request for extension of time be submitted
to the State.
The Secretary stated that an extensio~ request is being considered and if
that is not possible it would be best;to adopt an open-space element that
would meet the minimum requirements o~ the State.
Chairman Lively stated that if'these funds were used by the City some other
agencies may gain some control over S~ratoga.
The Secretary explained that no one w~uld gain control since the funds are'
awarded solely for having open-space and the City Attorney has been asked to.
look into the matter. The County hasZgone ahead and done this - it is
important to them because they have m~.ny acres under the Williamson Act.
Chairman Lively requested each Commissioner to study this matter along with
the inventory included in the folders..
VIII. COMMUNICATIONS
A. WRITTEN
Letter from Former Mayor - Charle~ H. Robbins
The Secretary stated that a lette~ was received from former Mayor Charles
Robbins to the Planning Commission thanking the Commission for Resolution
No. 118 and commending them for their high quality and devotion to the
City of Saratoga.
ART SALON
The Secretary read a request submitted by C. G. Olson and Michiko Olson
asking that Art Salon be allowed in the Ostrowski Building on Saratoga
Avenue next to the post office.
Chairman Lively referred this matter to the Subdivision Committee for study.
VET CLINIC
The Secretary read another communication requesting that a Vet Clinic be
allowed in the rear of the building now occupied by McWhinney, Whatley and
Mi'lner, Inc., Realtors located on Saratoga Avenue across the street from the
Post Office.
Chairman Lively referred this request to the Subdivision Committee for study.
Plannin8 Commission Minute - 12 June 1972'- Continued
VIII. B. BONDS
Commissioner Martin stated that he had some comments to make relative
to people posting improvement bonds in the City. There is a situation
on Darien Way where a bond for'street improvements was posted over a
year ago and there is an existing fence on this property that extends
out into the beginning of the street. It is a dangerous situation and'
the improvements should be completed.
The Secretary explained that D~rien Way is goind to be abandoned;
therefore, has not been improved. Public Works is searching the deed
in order to "quit claim" the deed to the adjacent property.
Commissioner Martin recommended that the matter be taken care of as
expeditously as possible.
II. F. General Plan Review - 1972 YeaSly Review - Study Session
This item was continued from the earlier part of the agenda.
Chairman Lively stated that the Staff has put togethe~ in agenda formj
the items that have been suggested for study at this General Plan
Review for i972. Asterisk have been placed by those items that are
mandatory under the State Law. The agenda is the result of a Joint
Study Session held by the City Council and Planning Commission. Six
major sub-committees have been isuggested to work on the Major Review
and these will be named at the time the Planning Commission submits
its report for the 1972 General Plan. Separate committees should
be appointed to study the Housfng Element and the Problem Areas.
John De Danara, attorney from Mr. Terisi (property owner on Saratoga
Avenue) stated that 1) the request to rezone this property from "R-i"
to "R-M" was continued off the ~agenda to await adoption of the new
ordinance defining the word "cOnsistent". What does that mean in terms
of Mr. Terisi's property?'
Chairman Lively explained that the State Law requires that at the end of
the 1972 Review the Zoning Map .and General Plan Map must be "consistent"
and be capabl~ of supporting one another. The Planning Commission feels
the General Plan should remain as a long-range-programmap - in other
words the General Plan Map and Zoning Map can be "consistent" without
being exactly the same. As for Mr. Terisi's property - the General
Plan will either have to be changed to show "R-M' in compliance with
Mr. Terisi's request or the change of zoning will have to be denied.
Mrs. BettyMass of 20360 Saratoga-Los Gatos Road was present and stated
that she is present because of ithe proposed restaurant right next door
to her - in the Georgian House.! She has lived in her home for twenty
(20) years. The owner of the .G'eorgian House started an Antique Shop
before the City was incorporated and now this same owner wants to sell'
this property to someone that wants to start a restaurant , at the
-expense of other property owners in the area. A restaurant would
decrease the value of all adjacent properties. Mrs. Maas then stated..=
she would like to serve on a committee that will be s[udying the use of
the Georgian House Property.
The Secretary explained that a list of volunteers to serve on the Citizen's
Committee for the General Plan has been started and placed in the General
Plan file.
Chairman Lively, in answer to an inquiry from Audrey Lynch (present to
representAmerican Association Of University Women) stated that the co~mm~ittees
will probably be .appointed sometime late,in the summer.or early fall and become
operative sometime around the time school starts. Anyone interested
in serving on these committees should contact the Mayor, the Planning
Commission or City Hall.
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Planning Commission Minutes - 12 June 1972 - Continued
II. F. General Plan Review - Continued
Mr. S~m Hernandez, local businessman, stated that he did not feel the
Georgian House should be used for a restaurant - primarily because of
the traffic situation that now e~ists at this location.
'Mr. Warren Heid, local architect,' stated that 1) he has served on the
past two (2) General Plan ReviewsZ for the City of Saratoga and once as
Chairman of the Beautification Committee 2) he found the citizens
response was excellent and the most ideal situation iS where the citizen
serving on a committee is generally interested and not specifically
interested in just one item.
Mr. Frank E. Biehl, 12074 Candy Lane, stated that he 1) came to California
nine (9) years ago 2) he is interested in serving on the Traffic Circulation
Committee and 3) in his opinion the proposed freeway situation should be
carefully studied.
Commissioner Marshall noted that there are several different categories for "R-M"
and "R-M-3,000" zoning has been o~er-used and so, perhaps, the "R-M~3,000"
~oning should be eliminated and l~ave available only the "R-M-4,000" and
"R-M-5,000" zoning.
Chairman Lively stated that this ~s the time for the Planning Commission
to establish a way for the citizehs to review this type of housing and
determine what i~ desired in the HouSing Element.
Commissioner Bacon inquired if th~ Six (6) items required by State Law will need
reports from City representatives or will an outside agency be doing
some preparation work on these items?
The Secretary explained that some d~Cision will first have to be made to
decide which of these items will be decided at 1972 General Plan Review'
and which ones will be decided at the forthcoming Major General Plan Review.
Chairman Lively recommended. that. .7. Public Transportation. . be added
to the General Plan Agenda under *III. Circulation, Streets and Highways.
The Secretary, in answer to an inquiry from Commissioner Belanger, stated
that the Retirement Housing Ordinance is being prepared.
Guests ~
Chairman Lively acknowledged, wit~ pleasure,'the presence of Councilman.
Diordan and Mrs. Parker of the Gogd Government Group. He, also, thanked
Mrs. Parker for the coffee served"at recess.
IX. ADJOURNMENT
Commissioner Metcalf moved, seconded by Commissioner Martin, tO adjourn the
Planning Commission meeting of 12 June 1972 at 11:20 P.M.
Respectfully submitted,
Saratoga Planning Commission
j
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