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HomeMy WebLinkAbout06-26-1972 Planning Commission Minutes CITY OF SARATOGA P~I+AlqNING COMMISSION MINUTES TIME: Monday, 26 June 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 137'77 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, Bel2anger,o Lively, Marshall, Martin,'Metcalf, and Smith. B. MINUTES Commissioner Smith moved, seconded by .Commissioner Bacon, that the reading of the minutes of the 12 June 1972i meeting be waived and they be approved as distributed; motion carried unanimously. II. PUBLIC HEARINGS A. General Plan Review - 1972 Yearly ~Review - Study Session - Continued from 12 June 1972 Chairman Lively explained that the Planning Commission will hold formal public hearings relative to the Annual 1972 General Plan Review after the General Plan Committee of the ~Planning Commission complete their study and submit· a report and rec, ommendation - hopefully before the first Planning Commission meeting .in July. Commissioner Marshall stated that the Open-Space Element (included in the folders supplied the Commissioners.) is very well done and he would recommend that it be adopted as part of the Annual 1972 General Plan. Commissioner Belanger recommended ~that additional information relative to P-C (Planned-Community) open-space be included in the Open-Space Element Report. Also, some reference should be made with regard to open-space on the hillside and odd-shaped lots. Commissioner Bacon expressed the thought'that why not include for open-space those areas that cannot be develop. ed because of their slope. Chairman Lively agreed and further suggested that the amount of open-space lef~ after development might, also, be included in the open-space program. The slope-density formula regulates the size of the lot on which 'a home can be built - the steeper the property~the larger the lot-size r~quirement. Commissioner Martin stated that the reference made to the Mini-Park on Brookglen and Cox should be corrected. The map shows Brookglen going through and it does not. He then inquired if these two (2) 1Qts for the proposed park have in fact been acquired by the City? It appears that construction, is taking place on one·lot. The Assistant Planner explained th.at the City is in the process of negotiating for the pruchase of these two (2).lots. -i- Planning Commission Minutes - 26 June' 1972 - Continued II. A. General Plan Review - Continued Commissioner Marshall state~ that the purchase of this property was discussed at the last Ci~ty Council meeting and no residential construction will take place on these two (2) lots. The Assistant Planner read communications received from the following: 1) Mr. George B.%Oldham requesting that the zoning be changed from Professional to Commercial on the northeast corder of Saratoga Avenue and Saratoga- Sunnyvale Road. 2) Mrs. Faith H. ~Appleby urging that the land use designation o~ "C-V" (Visitor-Commercial) be assigned to her entire property located at #1 Park Place.~ The Assistant Planner explained that the Open-Space Element according to State Law (in order to receive State funds) must be submitted by 1 July 1972.. Chairman Lively stated that.at the last meeting it was recommended that the City Attorney request an extension of time for the submittal of the Open-Space Element. The Assistant Planner stated that the Staff is working with the City Attorney On this matter and an extension will probably be granted. The City of Saratoga will probably be eligible for approximately $500. in State funds. : Chairman Lively requested that the General Plan Committee review this Open-Space Element and prepare their recommendation by the next regular meeting of the Planning Commission. Chairman Lively closed the Study session for the evening and referred the General Plan Review with the Open-Space Element to the General Plan Committee for study and a report. Commissioner Metcalf scheduled a meeting. of the General Plan Committee for Wednesday, 5 July 1972.. I. B. UP-207 - Brookside Club of SaratOga, Cox Avenue - Request for Use Permit to Allow TwO (2) Additional Tennis Courts - Continued from 12 June 1972 Chairman Lively reopened the hearing .relative to UP-207. The Assistant Planner read a communication received from Gene P. Steiger of 19523 Northampton Drive requesting that the request of the Brookside.Club for tW° (2) additional tennis courts be denied. # Commissioner Bacon recommended that amendment b) of the Subdivision Committee Report be amended~by adding "For week days only". Commissioner Metcalf recommended that amendment a) be amended by deleting the word "advertising" and instead inserting the word "use" - in" since it is not the "advertis g that should be stopped, but the use of the club by non-memb&rs.' Commissioner Smith stated that only thirty-two (32) tennis players can use the courts at one time; therefore, the members would not allow non-members to use the courts and deprive themselves of the use of same. The matter ha~ been discussed with the City Attorney and he recommended that it be stipulated in the Subdivision Committee Report that "advertising" f6r tennis and swim lessons be prohibited. -2- Planning Commission Minutes - 26 June 1972 - Continued II. B. UP-20~ - Continued Chairman Lively pointed out that 'the most serious complaint from the neighbors seems to be the noise generated from the tennis-and swim- meets and the use of amplifiers, starting pistols, and other similar devices. Commissioner Metcalf stated the Brookside Club is a private club and the use, generally speaking, of a private club is to confine its use to its members; therefore, it would seem advisable to add a condition to the Use Permit restrictions to allow use of the Club by only the members, their families, and bon~ fide guests. To only limit advertising is not responsive to the issue. Commissioner Smith explained tha~ 1) the "advertising" for the Club was not authorized by the Board 0f Directors of the Club itself, but . 'was done by the professional-coaches at the Club and 2) amendment a) of the Subdivision Committee RepOrt dated 26 June 1972 relative to UP-207 would eliminate any advertising.by the Club since they are.on notice that that would cause suspension of the Use Permit. Commissioner Martin explained that 1) he has been a proponent of the idea to limit the activities of this Club so that the.neighbors are not disturbed; however, there are many people in the area who would like their children to have swim lessons without taking them a great distance and 2) he would like to see the amount of advertising kept down but not so that the children in the area could not have swim lessons without belonging to the Club. Commissioner Belange~ inquired if the Board of Directors of the Club had submitted a list. of the rules and regulations reflecting the requirements of the Planning Commission for the Brookside Club~ Chairman Lively stated that the l!ist had not been received and he requested the Assistant Planner t.o contact the Brookside..Club and obtain copies of the subject rules and regulations. Chairman Lively then recommended !that amendment b). be stricken from the Subdivision Committee Report ]relative to UP-207 since he did not feel it was fair to the residents of the area to change the starting time for tennis to an earlier hour. Mr. Jim Sanders, Chairman of the iTennis Committee for the Brookside Club, stated he wished to apologize for any.infr'action of the Use Permit regu- lations by the Club members - there will not be a repeat of these infractions 2) the Club has not now or at any. other time had a desire to create a nuisance and 3) the members of the Brookside Club assessed themselves for the additional two (2) tennis courts; therefore, they.will be the primary users. Mrs. Donald Askew, 12641 Saratog~ Creek Drive, stated that she was present to'represent the neighbors and stated that 1) on 10 June 1972 she called City Hall and left a complaint for the Code Enforcement Officer .(on the recording) that the amplifiers were being used at the Club - this complaint was never acknowledged 2) the following Monday she called the Secretary, Mr. Walker and relayed this information to him 3) she has appeared at the Planning Commission meetings many[ times to inform the Planning Commission of the disturbances at the Club '4) the Planning Commission has stated that the Brookside Club's Use Permit will be suspended if further violations occur; however, there does not seem to be anyone available to enforce these restrictions and 5 ) she and the. neighbors she represents do object to lessons. given at the Club - there does not seem to be any need' for this since all the schools in the area provide lessons and the additional courts will only create additional noise2-pollutio~. -Commissioner Martin explained that the new parking will help decrease noise the the Askew neighborhood because it is located in an area away from the residences. _3~_ Planning Commission Minutes - 26 June 1972 - Continued II. B.' UP-207 - Continued Commissioner Smith moved, seconded by Commissioner Marshall, to close the public hearing relative to UP-207 at 8:25 P.M.; motion carried unanimously. Commissioner Metcalf moved that ~mendment a) of the Subdivision Committee Report dated 26 June 1972 be amended by deleting the word "advertising" and instead inserting the word "use".. The motion failed for lack of a Second. CommiSsioner Smith moved, seconded by Commissioner Marshall, that the Subdivision Committee Report dated 26 June 1~72 be adopted, as amended and that the subject Use Permit to allow two (2) additional tennis courts be =approved'~since the findings required by Section 16.6 of Zoning Ordinance NS-3 can be made subject to all Conditions one (1) through eight (8) listed in the Staff Report of 10 April 1972 in file UP-207 with amendment as'stated in the Subdivision Committee RepOrt of'26 June 1972; motion carried with Commissioner Metcalf abstaining.' C. UP-214 - Challenger Pre-School, Saratoga Avenue - ReqUest for Use Permit to Allow a Nursery Scho61 in Existing Church Facility Chairman Lively opened the hearing relative to UP-214 at 8:27 P.M. The Assistant Planner stated tha~ the Notices of Hearing were mailed and explained that the applicant could not be present due to a previous commitment~ Commissioner Smith advised that ~) the Subdivision Committee did meet with the applicant 2) the applicant ~xpects to have thirty (30) children at this facility and he has verified that the sanitary facilities are adequate and in accord with State Law and 3) ia letter from the County is available and it states that all requirements qf the State and County Agencies have been met. i . . The Assistant Planner read a communication submitted'by the applicant stating 1-) the time schedule f~r.the.proposed classes 2) that two (2) teachers will be with the children at this location and 3) employee- parking will be in the church pa~king lot. The Assistant Planner, in answer ;to an inquiry from Commissioner Belanger, stated that the applicant has had requests to add grades above the first to his nursery school, but he do~s not intend to expand 'beyond that level. No,one else present wished to con~ment.: Chairman Li~ely closed the hearing for the evening at 8:34 P.M., directed UP-214 continued to the next regu~lar meeting and referred same to the Sub- division Committee for study and !a report at that time. D. V-378 - Teleprompter Cable T.V., ~uito Road -'Request for Variance to Allow Overhead Installati'on of Main Aerial Cable - Continued from 12 June i972 Chairman Lively reopened the hearing relative to V-379 at 8:35 P.M. The Assistant Planner read commun~ication filed in opposition to the proposed Variance by the following: 1) Mr. James ~. Rodrigues of 14975 Quito Road. 2) Mr. Robert~L. Middleton of 14971 Quito Road. Planning Commission Minutes - 26 June 1972'- Continued II. D. V-378 - Continued ~ The Assistant Planner stated that the City Manager did prepare a memorandum for the Planning Commi!ssion for the purpose of clarifying the adopted CATV ordinance. Chairman Lively explained that eslsentially the memo explains that the franchise holder can go underground with the cable where there are already underground utilities and overhead where there are already overhead. The Assistant Planner read the Staff Report dated 26 June 1972 recommend- ing that the subject request for Variance in connection with V-378 be denied. , Commissioner Marshall recommended that the' last sentence in paragraph 1. of the subject report be deleted. Commissioner Metcalf recommended that the Note included in the subject report, also, be deleted. Mr. Wagner, Manager for Telepromp.ter Cable T.V., stated that t) if the CATV franchise does become establ":shed in Saratoga then there should be some cables on Quito Road 2) his. company has offered to completely construct the cables that will serve Los Gatos and Monte Sereno at this time - then when the franchise for Saratoga is awarded the holder of the franchise can lash onto the cable established by the Teleprompter Cable T.V. Commissioner Belanger inquired if Mr. Wagner was fairly certain that the company that gets the CATV franch:ise will want to use the proposed cables? Mr. Wagner explained that this pr~ocedure has been followed in other areas and he can see no reason why this~ procedure cannot be repeated in Saratoga. Commissioner Belanger inquired if. the franchise holder would be required to pay a rental fee to Teleprompter 2Cable T.V.? Mr. Wagner answered that the franchise holder would only have to apply for pole-rental since this cable would ,only be for transportation to get into and through the City Limits. Mr. Sam Hernandez, local businessman, stated that originally he was in favor of this Variance, but once he realized the cable would not be serving Saratoga, but would instead serve. other surrounding communities he has changed his opinion and is now opposed to approval of the subject Variance. Conmissioner Metcalf moved, seconded by:Commissioner ~rshall, to close the public hearing relative to V-~78 at'8:50 P.M.; motion carried unanimously. Commissioner Martih. moved, seconded by Commissioner Marshall, that. the Staff Report dated 26 June 1972 be adop=ted, as amended, and the subjett requeS~._~. for Variance to allow overhead installation of Main Aerial Cables be~e~n..~d on'the basis the findings required under Section 17.6 of Ordinance NS-3 cannot be made for the reasons stated in said report; motion carried unani- mously. E. V-379 - Dr. Marvin Frieder, Bellecourt Avenue - Request for Variance to Allow Decrease in Side Yard Setback Requirements - Continued from 12 June 1972 Chairman Lively reopened the public hearing relative to V-379 at 8:51 P.M. The Assistant Planner read the Staff Repor~ dated 26 June 1972 recommending the request for Variance in connection with V-379 be denied. Planning Commission Minutes - 26 June 197~ - Continued II. E. V-379 Continued Commissioner Belanger moved, seconded by Commissioner Marshall, to close the public hearing relative to V~379 at 8:53 P.M.; motion carried unanimously. Commissioner Martin moved, seconded by Commissioner ~rshall, that the Staff Report..o.dated 26 June'1972 be adopted and the subject request for Variance beff.l.eenied on the basis [he findings required under Section 17.6 of Ordinance NS-3 cannot be madezfor the reasons stated in said report; motion carried unanimously. F. V-380 - George W. Day, Fruitvale Avenue - Request for Variance to Allow Retention of Overhead Power Lines Chairman Lively opened the public hearing relative to V-380 at 8:38 P.M. The Assistant Planner stated the:Notice of Hearing was mailed. He further stated that the applicant requests that a Variance be granted to ~llow the 12KV transmission lines and poles to remain overhead along Fruitvale Avenue in lieu of the required underground utilities. Mr..Lou Leto, present to represent the applicant, stated that even if the Variance were not granted the 60~V lines would still be overhead since they already exist and only the 12KV lines would be buried. Commissioner Marshall stated tha~ similar requests have been denied and the ordinance.requiring underground utilities must be enforced; otherwise, there will be inconsistencies in undergrounding the utilities. Commissioner Martin stated that there is really no reason for an on-site inspection in this case since identical requests have been reviewed and denied on many occasions. Commissioner Marshall moved, secoDded by Commissioner Bacon, to close the public hearing relative to V-380 at 9:01 P.M.; motion carried unanimously. Commissioner Martin moved, seconded-.-by Commissioner Marshall, that th'e subje6t request for Variance be 'denied since the necessary findings required under Section 17.6 of Ordinance NS-3 cannot be made; motion carried unani- mously. : G. V-381 - Malachy J. Moran, Saratoga A~enue .- Request for Variance to Allow Lot Size and Width Reduction Chairman Lively opened the publiq hearing relative to V-381 at 9:03 P.M. The Assistant Planner stated the,Notice' of Hearing was mailed and then read the Statement of Reason filed bylthe applicant. Chairman Lively, after reviewing the exhibits, requested that the applicant submit an exhibit with the Variance area clearly marked in red. Commissioner Smith stated that the Subdivision Committee did meet with the applicant and explain to him'that there was a variance problem on the one lot and recommended to him,that before redesigning the entire plan he (the applicant) apply for a variance and if that is denied the applicant will only be able to develop six!(6) lots on this property rather than the seven (7) lo~ the applicant desires. Mr. Moran, the applicant, was pre~ent and stated that there are some small buildings on the property that cab be removed. Chairman Lively explained that if'this property is developed a separate variance request will have to be submitted for the existing summer house. Commissioner Marshall stated that!, he felt, the map submitted is inadequate. Plannin~ Commission Minutes - 26 June 1972'- Continued II. G. V-381 - Continued Commissioner Smith explained that the applicant will be required to submit a complete detailed map at the time he applies for subdivision approval. No one els~ present wished to comment. Chairman Lively closed the hearing for the evening at 9:20 P.M., directed V-381 continued to the next regul%ar meeting and referred same to the Variance Committee for study and a report.: Commissioner Martin, Chairman of :the Variance Committee, made an appointment to meet with the applicant for an on-site inspection of the property on Saturday, 8 July 1972, at 9:00 A.M. ~ Commissioner"~elanger requested that the applicant stake out the lot that requires the variance in question. H. C-157 - Frank Shephard, Douglass Lane ~ Request for Change of Zon{ng from "R-I-40,000" (Single-Family Residential) to "R-I-40,000" "P-C" (Single-Family Residential-Planned Community) Chairman Lively opened the hearing relative to C-157 at 9:21 P.M. The Assistant Planner stated the Notices of Hearing were mailed. Commissioner Metcalf stated that he did not see how any intelligent consideration could be given this plan without reviewing the map (Plan "B") showing the entire eighty (80) acre parcel.. Commissioner Smith stated that the George Day development in this area left 10% of the property in open-spac~ and the zame requirement should be made of this developer. Mr. Rick Perkins, present to represent the applicant, stated that the plans have been revised and submitted Chat show 20,000-square feet of open-space for this development. Commissioner Marshall requested that Plan "B"'and the revised map be made available for review by the Planning Commission. Chairman Lively called a short recess.and requested the Assistant Planner to locate Plan "B" and the revised maps four review by the Planning Cor~nission after the recess. RECESS AND RECONVENE Chairman Lively, after reviewing Plan "B", closed. the public hearing for the eyening at 9:38 P.M., directed C~157 continued to the next regular meeting and referred same to the SubdiviSion Committee for study and a report. III. BUILDING SITES AND SUBDIVISIONS A. SDR-963 - James J. Asher, Kittridge Road - Building Site Approval 1 Lot' - Continued from 12 Jdne 1972 Commissioner Smith recommended that SDR-963 be continued to the next regular meeting to allow the applicant additional time to work out problems relative to the Health Department requirements. Chairman Lively so directed. -7- Planning Commission Minutes 26 June 1972:- Continued III. B. SD-969 - Osterlund Enterprises, Allendale Avenue - Subdivision Approval - 16 Lots - Continued from 12 June 1972 Comm{ssioner Smith explained tha!t the Subdivision Committee met with the applicant and it was decided some changes were required on the tentative map. Commissioner Smith further noted' that the white line in the middle of the map has not been removed. Mr. Cecchi,. engineer present to represent the applicant, stated that the white line referred to by Commissioner Smith is a line left from an original eradication. Mr. Cecchi, further stated, in answer to an inquiry from Chairman Lively, that 1) Lot 11 does not include. the creek channel, but the southerly right-of-way line of the creek channel is the property line for Lot 11 2) Flood Control does not have a definite date for aligning the creek and 3) the subdivider would like to keep that creek right-of-way as part of Lot 11. Chairman Lively recommended that' Flood Control not be allowed to channel this creek. Commissioner Metcalf recommended that a letter be forwarded to Flood Control telling them that the Flood Control Concept must be followed for the subject creek. Mr. Cecchi, stated that 1) he ahd the subdivider did meet with the Flood Control representatives to discuss this probelm and it is now reaching the point where the ideal time -. weather wise - for construction is running out 2) he would request that thee Planning Commission grznt approval and the problems with Flood Control in c%onnection with this creek be worked out at a later date. Commissioner Bacon stated that a!t the Subdivision Committee meeting with the applicant consideration was given to doing away with the emergency access road. Commissioner Smith explained tha:t the road was required because the application results in more than twelve (12).'houses in a cul-de-sac. Chairman Lively stated that the 'road would be a problem since no one would be responsible for its maintenanZce and if it were left open for public use it would be used as a mini-bike trail; Mr. Tersini, developer, stated that the subject road would be black-topped and'this would not be aesthetica.lly pleasing for this development.' The Assistant Planner stated that this road would really solve a two-fold problem 1) provide a secondary access and 2) provide an emergency fire access. .. Commissioner Smith stated that, in his opinion, the road could be left out since it would only be an unattractive nuisance. Commissioner Metcalf stated that, he felt, the road should be required. Commissioner ~rshall stated the. road could be fenced and be used only in case of emergency and for pedest.rian passage. Mr. Cecchi stated he did review .the proposed conditions of approval and expressed satisfaction with same. It was the recommendation of the' Commission that the Subdivision Committee Report dated 26 June 1972 be amended by deleting the wording in Condition 12. and instead insert the following wording: "12. A 40-foot right-of-way be~'dedicated straddling the line. between Lots 10 and 11 with a barricade to prevent any traffic othe~ than pedestrian between the cul-de-sac and the school property line." and that Condition 20. be added as follows: Planning Commission Minutes - 26 June 1972'- Continued III. B. SD-969 - Continued "20. Developer and City Staff to jointly contact Flood Control to remove their requirement for channelization of;. Wildcat Creek." Commissioner Smith moved, seconded by Commissioner Marshall, that the Subdivision Committee Report dat!ed 26 June 1972 relative to SD-969 be adopted, a~ amended.~ and that the tentative map (Exhibit "A-3", filed 26 June 197'2) be~approve..d./subjec';t to the conditions set forth in said report; motion ca~ri'ed unanimous'ly. C. SD-972 - Osterlund Enterprises, Inc., Saratoga and Cox Avenues - Subdivision App. 16 Lots - Continued from 12 June 1972 Mr. Lou Tersini, developer, was present and stated that every effort would be made to relocate any tree that can be salvaged since it is the developer's desire to maintain the vegetatioB and implement it very strongly~ He further stated that he reviewed the proposed c'onditions of approval and expressed satisfaction with same. Commissioner Metcalf recommended. that Condition 6 of the Subdivision Committee Report dated 26 June 1972 be amended to read as follows: "6. Provide decorativ.'e wall or fencing and boundary treatment along S~ratoga and Cox Avenues as approved by Desigh Review Committee." Commissioner Belanger suggested ~.that a beautifully maintained lawn be provided along Saratoga Avenue ibstead of the usual fence. Chairman Lively recommended that' Conditions. 17 and 18 be added to the Subdivision Committee Report as lfollows: "17. The developer shall enter into an agreement with the City of Saratoga to form a park-maintenance district requiring all lot owners to participate in a maintenance' program. In the event the devel- oper fails to perform the maintenance properly as judged by the Ci.ty then the subject agreement shall permit the City 'to impose a sufficient tax-rate maintenance-dist.~ict in order to adequately defray the cost of main2tenance o~f said landscaping and improvements. Said maintenance district to be written into the! individual deed for all lots." "18. Submit construct.ion plans for lots ~7 and #8 for Design Review Approval." Commissioner Smith moved, second'ed by Commissioner Marshall, that the Subdivision Committee Report dat':ed 26 June 1972 relative to SD-972 be adopted, as amended, and that the tentative map (Exhibit "A", filed 5 June 1972) be approved subject~ to the conditions set forth in said report; motion carried unanimously. D. SD-973 - Frank Shephard~ Douglass Lane Building Site Approval - 4 Lots Commissioner Smith recommended that SD-973 be continued to the next regular meeting to await action on the applicant's change of zoning application. Chairman Lively so directed. E. SD-974 - Saratoga Foothills Dev. Corp., S~villa Lane - Subdivision Approval - 6 Lots Commissioner Smith recommended that SD-974 be continued to the next regular meeting to allow time for further 'study. Chairman Lively so directed. Planning Commission Minutes - 26 June 1972 - Continued III. F. SDR-975 Luciano Iacomini, Ver~e Vista Drive and°Boyce Lane - Building Site Approval -1 Lot' Mr. Russell Mohr, realtor present to represent the applicant, stated that he had reviewed the proposed conditions of approval and expressed satisfaction with same. Commissioner Smith moved, seconded by Commissioner Bacon,'that the Building Site Committee Report dated 26 June 1972 relative to SDR-975 be adopted and that the tentative map (Exhibitz"A", filed 16 June 1972) be approved subject to the conditions set forth in said report; motion carried unanimously. G. SDR-976 - Mel de Selle, Vickery Avenue Building Site Approval - 1 Lot The Assistant Planner recommended that SDR-976 be continued to the next .- regular meeting to allow additibnal time to work out the access road in connection with this lot. Chairman Lively so directed. H. SDR-977 - Robert Pulver~ Bountiful Acres - Building Site Approval 3 Lots Commissioner Smith recommended .that SDR-977 be continued to the next regular meeting to allow the Subdivision Committee an opportunity to review the tentative map. Chairman Lively so directed. IV. DESIGN REVIEW A. A-396 - West Valley College, ~ruitvale Avenue - Final Design Review - WarehouSe and Maintenance Buildings Commissioner Metcalf explained that the proposed warehouse and maintenance building will be a metal buildi,ng and will be landscaped and screene.d with specimen trees. The Assistant Planner explained that there is a request from a neighbor' that this matter be continued to the next regular. meeting since he has an agreement with the school district that the proposed structure would be a board-and-batten type of building. 7He (the neighbor) is concer~ed because his house looks directly down on this property. Chairman Lively stated he would like to make a visit to this site to determine what effect this building would have on the surrounding neighbor- hood.. Commissioner Metcalf read the Staff Report recommending that Final Design Approval be granted for the ma{ntenance and warehouse building at West Valley C~llege. Commissioner Marshall recommended that condition a) of the subject report be amended to read as follows: "a) All plantings (trees) on all sides of complex to be planted on outside of proposed {ence. That specimen tra~s be fast-growing evergreen such as pines.and.sequoias." Chairman Lively stated that he 'disapproved of the proposed roof for this building and on that basis would vote "No~ on this request for Final Design. Approval. Planning Commission Minutes - 26 June 1972 Continued IV. A. A-396 - Continued Commissioner Belanger recommended that this matter be continued to allow time to explore the possibility of providing another type of roof for this building. Mr. Steve Keller, present to represent the applicant, stated that 1) the elevations present is the third one prepared for this building a. different building was proposed with concrete pillars and a mansard roof; however, the budget disallows anything more than what is shown on the plan submitted. Chairman Lively stated there is an obligation to the existing property owners and residents of the areaito make this building as aesthetically pleasing as possible. Commissioner Metcalf Stated that'he had no objection to a continuance in order to further consider this request. Chairman Lively directed that A-396 be continued to the next regular meeting and referred same to the Design Review Committee for study. B. SS-73 - George W. Day, Co., Frui[vale Avenue and Douglass Lane Final Design Review - Temporar~ Subdivision Identification Sign - Continued from 12 June 1972 Commissioner Metcalf read the Staff Report dated 26 June 1972 recommending that Final Design Approval be gr~nted for SS-73. He then recommended that the subject report be amended by.adding the following condition (e): "~e) Sign not to be illuminated." Commissioner Metcalf moved, seconded by Commissioner Belanger, that the Staff Report dated 26 ~u~e 1972 be adopted, as amended, and that Final Design Approval be,gKanted for SS-73, George W. Day Construction Company, for a temporary subdivision sign'as shown on Exhibits "B" and "C" subject to the conditions stated in said.report; motion carried unanimously. C. Tract 4826 - Saratoga Foothills Dev. Corp., Saratoga-Sunnyvale Road and ],iiljevich Drive - Preliminary Design Review - Decorative Fencing and Landscaping Along Saratoga-Sunnyvale Road Commissioner Metcalf read the Staff Report~ dated 26 June 1972 recommending that Preliminary Design Review be granted for Tract 4826. Chairman Lively requested the Secretary to do some research to determine if a Landscape Maintenance Districtlwas formed in connection with Tract 4826. Commissioner Metcalf moved, se.conded by Commissioner Bacon, that the Staff Report dated 26 June 1972 b~._~opted and that Preliminary Design Approval be granted for Tract 4826, Saratoga:Foothills Development Corporation, for the decorative fencing and landscaping along Saratoga-Sunnyvale ·Road as shown on Exhibits "X" and "Y" subject to the conditions stated in said report; motion carried unanimously. D. Tract 5233 - (Summer Place) AVCO Community Development, Cox Avenue - Preliminary Design Review - Decorative Fencing, Berm, and Lanscaping along West Valley Freewav an~ Cox Avenue Commissioner Metcalf read the staff Report dated 26 June 1972 recommending that Preliminary Design Review b& granted for Tract 5233. -11- Planning Commission Minutes - 26 June 1972 - Continued IV. D. Tract 5233 - Continued Commissioner Metcalf recommended!that the subject Staff Report be amended by adding the following conditiod (c): "(c) Ground cover be ~lanted on both slopes of the berm." Commissioner Martin recommended that the same report be amended by adding the following condition '(d): ~'(d) The developer sh~ll enter into an agreement with the City of Saratoga to form a park-maintenance program. In the:event the developer fails to perform the maintenance properly as judged by the City then th~ subject agreement shall permit the City to impoje a sufficient tax-rate maintenance district in order to adequately defray the cost of maintenance of s~id landscaping and improvements. Said maintenance:district to be written into the individual deed ~or all lots." Commissioner Metcalf moved, seconded by Commissioner Bacon, that the Staff Report dated 26 June 1972 be adopted, as amended, and that Preliminary Design Approval be granted for Tract 5233, AVCO Community Development, for the decorative fencing, berm~ and landscaping along West Valley '~ Freeway and Cox Avenue as shown on Exhibits "X" and "Y" subject to the conditions stated in said report; motion carried unanimously. V. CITY COUNCIL REPORT Commissioner Marshall gave a brief s~mmary of items reviewed and action taken at the City Council meeting of 21 June 1972, with emphasis on items of particular interest to the Planning Commission. VI. OLD BUSINESS 'C-54 - Robert J. Neale, Saratoga Avenue - Request for Revision of Conditional Zoning The Assistant Planner read the Staff Report dated ·26 June 1972 relative to C-54 recommending that Art Salon (art gallery) be reinstated as a permitted use for Mr. Robert J. Neale's property located on-Saratoga Avenue just east of the Post Office. Commissioner Smith moved, seconded by Commissioner Marshall, that the Staff Report dated 26 June 1972 relative to C-54 be adopted and that Art Salon (art gallery) be reinstated as a permittedluse under C-54 subject to the conditions stated in said report; motion carried unanimously. VII. NEW BUSINESS None VIII. COMMUNICATIONS A. WRITTEN Gatehouse Apartments - Fourth and Springer The Assistant Planner read a petition c~ntainiDg twelve (12) signatures stating their objections to the dnsightly appearance of the perimeter of the Gatehouse Apartments at the dorner of ~ourth and Springer. Chairman Lively reques[ed the Stiff to investigate this matter and report back to the Commission. -12- Planning Conmaission Minutes - 26 June 1972'- Continued VIII. B. ORAL PPC - HILLSIDE SUB-COmmiTTEE Commissioner Metcalf stated that he attended the last Hillside Sub-Committee of PPC and there were two (2) applications for exception from the Monte Bello Ridge Emergency Ordinanc~ considered and both were denied. · Painting of Building in Village Area· Commissioner Belanger stated that she has been very distressed about the color of a building in the down-town area specifically the pink apartment- house on the corner of Fourth ~treet and Big Basin Way. The Assistant Planner explaine~ that efforts have been made to contact the new owner relative to this !matter, but he has not yet been located. Commissioner Metcalf stated that Design Review Approval was granted 'for the remodeling of this building and at that time a specific color was stipulated for this building. The Assistant Planner explaine~ that the former owner sold the building before he went ahead with the ~emodeling; therefore, the conditions of Design Review Approval are not:valid. Commissioner Belanger emphasized that a building in the center of town can speak for the whole to~n; ~herefore, careful control should be undertaken. Commissioner Smith stated that~ perhaps, the Chamber of Commerce should be asked to contact the ~wner of 6his building. Commissioner Metcalf, in answer to an inquiry from Commissioner Belanger, stated that there is a ArchiteCtural Advisory Committee that can be contacted for matters concernihg the Village Area, but they are only an advisory group. He then·recommended that the color approved under Design Review be required for this building. Chairman Lively requested the Assistant Planner to check with the City Attorney to determine if the City can authorize a special color for a building in the down town area and, also, contact the Chamber of Commerce relative to this matter. Commissioner Belanger recommended that the City adopt an ordinance stating that any changes of this type .are subject to Design Review Approval. Grading Chairman Lively noted that the Kunkel-Thomas subdivision on Sobey Road has been completely "rem~nufaCtured" by grading and he requested the Staff to investage the matter. Commissioner Smith stated that' 1) the grading done by subdividers all depends upon how restrictive the grading permit is and 2) the grading permit is issued by the Building Department and Public Works Department. Guests Chairman Lively acknowledged, With pleasure, the presence of Councilman Dwyer', Colonel Mayfield, Mrs. Stark, and Mrs. Wilberding of the Good Government Group. He, also, thanked Mrs. Stark and Mrs. Wilberding for the coffee served at recess -13- Planning Coc~mission Minutes - 26 June 1972 - Continued IX. ADJOURNSlENT Commissioner Marshall moved, seconded by Commissioner Bacon to adjourn the Planning Commission meeting of 26 Jun~ 1972. Respectfully submitted, ,. ," 2"., . ',-' :: ;'.'Z--?:-.1 f:. c.-{.:- .,.'~.%_ ~.::::.' ,:. ~......--. ..... .--v , - "'stanley M. Walker, Secretary Saratoga Planning Commission j