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HomeMy WebLinkAbout09-11-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES TIME: Monday, September 11, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting Io ROUTINE ORGANIZATION The meeting was called to order by Acting Chairman Marshall at 7:30 P.M. A. ROLL CALL Present: Commissioners Bacon, Belanger, Marshall, ~rtin, and Smith. Absent: Commissioners Lively and Metcalf. B. MINUTES Commissioner Bacon moved, seconded by Commissioner Martin, that the reading of the minutes of the August 28, 1972 meeting be waived and they be approved as distributed with .the following change: page 8. under II. B. 1. .paragraph 1. .line 8. .change the word "constance" to "consonance"; motion carried with·Commissioner Smith abstaining. II. PUBLIC HEARINGS A. UP-216 - Saratoga Foothills Dev. Corp., Wardell Road - Request for Use Permit to Allow Model Home Sales Office j Continued from August 28~ 1972 Chairman Marshall reopened the hearing at 7:32 P.M. Mr. Jerry Lohr, the applicant, was present but had no further comments and no one in the audience wishedto remark. The Secretary read the Staff Reprot·dat·ed September 11, 1972 recommending that the subject request for Use Permit be approved. Commissioner Smith moved, seconded'by Commissioner ~rtin, to close the hearing relative ,to UP-216 at 7:34 P.M.; motion carried unanimously. Commissioner Smith moved, seconded by Commissioner Bacon, that the Staff Report dated September 11, 1972 be adopt·ed and the subject Use Permit to allow a model-homes sales office on Wardell Road for a period of one (1) year be(.~r_ant____edJSubject to the conditions stated in said report; motion carried unanimously. B. UP.217 - Grace Methodist Church, Prospect Road - Request for Use Permit to Allow Elementary School ·(Kindergarten and First and Second Grades) - Continued from August 28~ 1972 "The Secretary stated that the applicant has submitted a communication requesting that the subject request for Use ·P·ermit be withdrawn. Commissioner Smith moved, seconde'd by Commissioner Bacon, that the request for withdrawal of UPo217 be approved and all proceedings relative to same be terminated; motion carried unanimously. --z1 -- Planning Commission Minutes - September 11~ 1972 Continued II. C. UP2218 - Congregation Beth David Synagogue, Prospect and Scully Avenue - Request for Use Permit to Allow a 'Jewish Synagogue Chairman Marshall opened the hearing .relative to UP-218 at 7:36 P.M. The Secretary stated the Notice of Hearing was'mailed. He then read two (2) communications filed in favor' of the subject Use Permit by the following: ~ 1) Mrs. K. W.z Ness 19617 Ashton Court Saratoga 2) Mrs. Willi'am T. Cathcart, Jr. ~ 19645 Ladera Court Saratoga Mr. Charles Huff, 12725 Miller Avenue, President of the Prides Crossing Homeowners Association stated that the only concern seems to be with the traffic problems that would be created by this use. He, also, wanted to know why there is only an exit on Scully and only one entrance and exit to the parking lot. Mr. Robert Silver, present to represent the applicant, stated there is an access ~f Prospect to the parking lot. Mr. Raymond Muzzy, 19518 Eric Drive,.Vice-President of the Prides Crossing Homeowners Association, stated that 1) he has no specific comments as to the desirability or non-desirability of the the proposed synagogue 2) the Home- owners Association has not had an opportunity to review the plans 3) there are some comments he would like to make with regard to parking at not only the proposed church but with the existing church 4) the-existing church (Church of Ascension) has modified its plans somewhat,'but have not shown this modification on the Use Permit - the modification has to do with the classrooms and 5) the Homeowners Association would like to. meet with the representatives from the church to try and work out some of these problems. 'Mr. Huff suggested the proposed church be required to pay the necessary money to conduct a traffic survey in the area. Commissioner Marshall explained that the two (2) churches do share a parking lot; however, the traffic does not occur on the same day since they are two (2) different denominations and have the services at separate times. Mr. Huff explained that on various SUndays there have been problems in the area because people do not park in the parking lot, but instead use the parking spaces in frontof the residences in the area. Mr. Daniel Popylisen of 19642 Ascension Drive stated that 1) something should be done to alleviate traffic on Ascehsion Drive 2) there are no exits onto Prospect; therefore, people attending services at the existing church do not park in the parking lot and 3) he is not opposed to the proposed Use Permit but he does feel the parking and'exits and entrances should be car. efully studied before the Use Permit is approved. Father. Werner, Church of Ascension,'stated that 1) he has counted the cars parked on the street on Sunday morning during the masses and there have been no more than four or five and the-traffic takes approximately seven (7) minutes to clear after each mass 2) since this does not occur during peak traffic hours these few cars can simply not be considered a traffic hazard or problem 3) the proposed congregation is composed of 100-people consisting of about 25-to-30-families 4) the services at Beth David will not create additional traffic since the Jewish services are held on different days than the Christian days of worship 5) the master plan of the Church of Ascension did originally designate the subject property to be used as a playground for a school and 6) the school is now a dim reality because of financial situation of churches and schools; therefore, the property has been offered for sale. ~2- Planning Commission Minutes - September 11~ 1972 - Continued II. C. UP-218 ~ Continued Mr. Popylisen submitted a photo showing numerous cars parked in front of residences in the area. He explained that the photo was taken at the time of the Church of Ascension services on'Sunday. Mrs. Michael Moss, 19686 Ascension Drive, stated she has no objection t0 the pro'posed s~agogue; however, the driv'eway at the parking lot is a problem since it is larger than shown'on the original plans and something should be done to correct the traffic problem connected with this driveway. Commissioner Martin stated that, he felt, the parking along Ascension Drive should be eliminated. Commissioner Smith, in answer to an inquiry from Commissioner Bacon, explained that the Church of Ascension Use Permit will have to be amended and a new Use 'Permit will have to be acquired showing the delineation of the school from the master plan originally approved. Mr. William Hedley~ architect. for the applicant, stated that 1) the parking for the synagogue will be in excess o'f the number required 2) the setbacks will, also exceed the y s requirements and 3) perhaps with the develop- , Cit ' ment of this project some solution to the traffic problems can be reached. Chairman Marshall closed the hearing 'for the evening at 8:03 P.M., referred the matter to the Subdivision Committee and directed UP-218 continued to the next regular meeting. D. UP-219 - AVCO Community Developers, C'ox Avenue - Request for Use Permit to Allow a Model Home Sales Office Chai.rman Marshall opened the hearing relative to UP-219 at 8:04 P.M. The Secretary stated the Notice of Hearing was mailed. The applicant was not present and no 'one in the audience wished.to comment. Chairman Marshall closed the hearing .for the evening at 8:06 P.M., directed UP-219 continued to the next regular meeting and referred same to the Sub- division Committee. E. C-159 - Cal-West Communities, Inc., Saratoga Avenue - Request for Change of Zoning from "A" (Agricultural) to "R-M-3~000" (Multi-Family Residential) Chairman Marshall opened the hearing in connection with C-159 at. 8:07 P.M. The Secretary stated the Notice of Hearing was'mailed and published. Mr. William G. Clark, attorney for the applicant, was present and stated that the City is familiar with the first Unit ot the Cal-West development and the second unit will be similar to the first except that the size per unit will'.be' a little larger and more expensive and the density will be decreased somewhat. Commissioner Belanger noted that if the applicant proposes a decrease in density it may be appropriate to request "R-M-4,000" zoning rather than the proposed "R-M-3,000" zoning. Commissioner Smith pointed out that the General Plan Report'for 1972".has' recommended in favor of eliminating the "R-M-3,000" zoning classification. Mr. Clark explained'that the applicant's plan wil.1 meet "R-M-4,000" zoning requirements. ' -!3- Planning Commission Minutes - September lip 1972 - Continued II. E. C-159 - Continued Professor R. L. Stucky,· 19123 Vineyard Lane, stated that he i·S a resident of the existing Cal-West development :(The Vineyards) and has in the past served on the Board of the Homeowners~ Association and his feeling and the feeling of other residents of the Vineyards is that they are in accord with the development as proposed. Chairman Marshall closed the hearing ]for evening at 8:15 P.M., directed C-159 continued to the next regular ~eeting and referred same to the · Subdivision Committee. F. Informal Hearing - Request of M.W.M.,. Inc. to A'dd Veterinary Office to the List of Uses {n "P-A" (Professional-Administrative) Zoning District -.Continued from 28 August 1972 The Informal Hearing was reopened at 8:15 P.M. The Secretary read two (2) communicat'ions filed in protest to the proposed· request by the following: 1) L. Fern Wolf. 2) Fifty-nine r:esidents of Saratoga Avenue.- .-. Submitted a petition. The applicant was present and stated 'that the noise level connected with this veterinary office would not be s2ignificant and this use would answer the need of the community. The Sedretary read 1) a memo submitted by the Chairman of the Planning Commission, Philip D. Lively, stating' his opposition to the proposed use and 2) a-Subdivision Committee Repor~t dated September 11, 1972 recommending that the subject request be denied. " Commissioner Smith moved, seconded by Commissioner Bacon, to close the informal hearing at 8:22 P.M.; motio~ carried unanimously. Commissioner Smith moved, seconded by. Commissioner Bacon, that the Subdivision Committee Report dated September 11, 1972 be adopted and the request to add the use of veterinarian office to the "P-A" (Professional-Administrative) District uses be denied; motion carried unanimously. III. BUILDING SITES AND SUBDIVISIONS A. SDR-982 - Charles Guichard, Wardell Road - Building Site Approval - 3 Lot - Continued from August 28~ 11972 The Secretary recommended that SDR-98'2 be continued to the next regular meeting to allow the applicant further time to analyze compliance with the slope density ordinance and the underground utility requirement. Chairman Marshall so directed. B. SDR-983 - James A. Hendry, Canyon View Drive - Building' Site Approval - 1 Lot - Continued from August 28~i 1972 The Secretary recommended that SDR-983 be continued to the next regular meeting to allow time for the applicant t6 submit a revised map. Chairman Marshall so directed. C. SDR-985 Orville Lykins~ Mt. Eden Road - Building Site Approval - 1 Lot The Secretary recommended that SDR-98~5 be .continued to the next regular meeting since this lot does involve annexation proceedings and the Department of Public Works has not yet prepared the proposed conditions of approval for this lot. Chairman Marshall so directed. '4- Planning Cormnission Minutes - Sept. ember '11~ 1~72 - Continued III. D. SDR-986 - Saratoga FOothills Dev. C~rp., Saratoga Avenue - Subdivision Approval -'11 Lots The Secretary recommended that SDR-986 be continued to the next regular so the applicant and Subdivision Co.mmittee can meet to review these plans as they relate to the Herriman Aven~e extension and the Saratoga Avenue Plan Line dedication. Chairman Marshall so directed. E. SDR-987 - Stoneson Construction Corp"., Springer Avenue - Building Site Approval - 2 Lots Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Committee Report dated September 11, 1972 relative :'to SDR-987 be adopted and that the tentative map (Exhibit "A", filed September 1, 1972) be~p~dTM subject to the conditions set forth iin said report; motion ca rried un~a~mo'~sly. F. SD-988 - Shareholders Real Estate Col., Fourth and Springer Avenue - (Conversion of Apartments to Condominiums) - 113 Lots Commissioner Smith explained that'th!is subdivision was approved previously and now due to a technical change fr. om apartment basis to condominium a new map approval is required in order to'define land area or specific areas that each individual owner will be in poslsession of when the change over takes place. Commissioner Smith moved, seconded by Commissioner Bacon, that the Subdivision Committee Report dated. September 11,~ 1972 relative to SD-988 be adopted and that the tentative map (Exhibit "A",~ filed September 1, 1972) b~.-approV'ed subject to the conditions set forth iin said report; motion carri'e~-una~irfOusly. IV. DESIGN REVIEW A. A-398 - Connie Hillblom~ Big Basin Way - Final Design Review - Landscape Plans Commissioner Belanger explained that. this matter has been reviewed by the Design Review Committee and the landZscape plans were found to be very effective and would add to the alreaZdy attractive appearance of this building. The Secretary read the Staff Report dated 'September 11, 1972 recommending that the final landscape plans for A-398 be approved. Commissioner Bacon recommended that the Staff Report be amended by deleting the following from the last paragraph: "and subject to the following condition?. . and, also, delete the condition as s;tated in the report. Commissioner Belanger moved~ seconde~ by Commissioner Bacon, that the Staff Report dated September 11, 1972 be adopted, as amended, and that Final Design Approval be granted for A-398 for th'e final landscape plan (Exhibit "C") for the new art, antique, and flower arranging store on Big Basin Way; motion carried unanimously. : V. CITY COUNCIL REPORT Commissioner Bacon gave a brief summary ~of items reviewed and action taken at the CityCouncil meeting of September 6, 197:2. VI. OLD BUSINESS A. Retirement HoUsing Standards - Continued from August 28~ 1972 The Secretary stated that the Retirement Housing Standards have been reduced to a more clear form and he would suggest that with this modification the matter be referred to the City Attorney and a formal ordinance be drafted for inclusion in the Zoning Ordinance. Twenty units per acre have been proposed with two (2) persons per unit; therefore, equaling a density of forty (40) people per acre and this could be reduced. The matter should be reviewed by the the Subdivision Committee a~d City Attorney and any developer who is interested. in developing a retirement facility.Z -5- Planning commission Minutes - September 11~ 1972 - Continued VI. A.· Retirement - Continued Mr. Jerry Lohr, President of Saratoga Foothills Development Corp., stated that 1) the forty (40) people per acre density is higher.than he, as a developer, would be interested in 2) if a low rent limit were imposed it may limit a'de~eloper to a very poor quality of development. Commissioner Belanger inquired if theZ density were·increased could the price of the units be reduced somewhat? Mr. Lohr ·explained that if the density is increased it encourages land owners to raise the price of his land 2) high rise buildingccosts are greater since elevations and more concrete construction is involved 3) the rental fee could be controlled if the land values can be fixed and 4) he would like to meet with the Subdivision Comni~tee to further discuss this matter. Chairman Marshall directed the Retirement Housing Standards cgntinued and referred same to the Subdivision Committee and City Attorney for study and a repor~ upon completion of the study. B. SD-978 (Tract 3485) - Noorudin Billawala, Montalvo Road - Request for Reconsideration. of Condition of Subdivision Approval - Continued from August 287 1972 The Secretary read a'memo submitted by the Assistant Director of Public Work~ reaffirming his recommendation to deny this request for reconsideration of conditions as stated in the Subdivision Committee Report relative to SD-978. Mr. D~n Landberg, engineer present to represent the applicant, stated that 1) he did meet with the Assistant Director of Public Works and no agreement was reached 2) it is his (Mr. Landberg's) feeling that the position taken by the Assistant Director of Public Works is inappropriate 3) there is not apparent ~vidence of flooding in the field as described by the Assistant Director of Public Works and 4) if the requirements of the Subdivision Committee Report are met the storm drainage f~e will be more than double the usual amount. · Commissioner Smith explained that the applicant has the right to appeal this decision to the City Council. Commissioner Smith moved, seconded by CommiSsioner BacOn, that the subject request for reconsideration of condition of Subdivision Approval be denied, on the basis of the report submitted .by the Department of Public Works and that said recommendation be forwarded to the City Council as the recommendation of the Planning Commission; motion carried unanimously. C. AVCO Community Developers~ Inc.~ Cox Avenue -. Request for Two-Story House on Lot · 17 of Tract 5233 - Summerplace Sub- division The SeCretary read two (2) cormnunicationsfiled in opposition to the proposed request by 1) Mr. Richard H. Ludeman of 12575 Scully Avenue and 2) Mr. Richard C. Tripp of 12563 Scully Avenue. He, ·also, read the Staff Report recommending that the request to allow a two-story house on Lot 17 of Tract 5233 be denied. Commissioner Belanger moved, seconded by Commissioner M~artin, that the Staff Report dated September 11, 1972 be adopted and the request to build a two-story house oB Lot 17 in Tract 5233 be denied for the reasons stated in said report; motion carried unanimously VII. NEW BUSINESS Saratoga Open-Space Elemen~ and Plan The Secretary stated that Commissioner Bacon has prepared a report listing some changes in the Open Space Element and steps are being taken to accomplish the changes as recommended in the r~port. -6- Planning commission Minutes - September lip 1972 - Continued VII. NEW BUSINESS - Continued' SLOPE DENSITY The Secretary explained that changes in Resolution 115.1 as recommended in a report prepared by Commissioner Bacon are, also, being. reviewed and this matter will be formally placed on the agenda for the September 25, 1972 Planning Commission meeting. '. VIII. CO~ftrNICATIONS A. WRITTEN A. SDR-883 - Thomas Fryer~ SaratOga Hills Road - Request for Extension The Secretary read a request submitted by the applicant asking for a one (1) year extension for SDR-883. Commissioner Smith moved, seconded by Commissioner Bacon, to approve the request and grant a one (1) year extension for SDR-883; motion carried unanimously. : Bo ORAL I.O.O.F. - Retirement Housing Site Commissioner Marshall explained that. 1) the Subdivision. Committee did meet with a representative from I.O.O.F. ~and a plan was submitted for review which is a little different 2) it was pointed out to the applicant that some inconsistencies did exist and if a developer proposed retirement. housing for this property it would be necessary to wait until an ordinance became effective and 3) it has been recommended thatthis property be added to the list of properties currently recommended as possible retirement housing sites under the 1972'General Plan. Commissioner Martin stated that the ~.O.O.F. property seemed to be a desirable location even though it does not include some of the other preferred qualities and the matter should be given further study. 'Commissioner Marshall stated that the subject site could be recommended for. inclusion in the 1973 General Plan Review. Commissioner Smith moved, seconded by Commissioner Belanger, that the Planning Commission recommend to the City Council that the property proposed by I.O.O.F. for a retirement facility. be referred for study under the 1973 General Plan Review; motion carried unanimously. Lots adjacent to Summerplace Subdivision (Tract 5233) - Grading Mr. Phillip Gould, 12547 ScullX Avenue, stated that his lot backs up to the property currently being developed by AVCO (Summerplace Subdivision) and the level.of the AVCO lots is. higher than his lots and some of the neighbors lots and he is concerned that when the winter rains start the run-off to his lot and the neighbors will present a hazard. The Secretary explained that the Staff is reviewing this situation with the developer of the Summerplace Subdivision. -7- Planning Commission Minutes - September 11, 1972 - Continued VIII. B. ORAL - Continued Consistency The Secretary stated that the City Attorney has submitted a letter stating the State Legislature's interpretation of the word consistent as it relates to General Plan .and Zoning. The Legislature's interpretation is "consistent"' with the definition adopted by the City of SaratOga. Guests Chairman Marshall acknowledged, with pleasure, the presence of Councilman Bridges, Mary Moss and Roger Leek of the Good Government Group. He, also,' thanked Mary Moss for the coffee served. IX. ADJOURN~MENT Commissioner Smith moved, seconded by Connmissioner Bacon, to adjourn the Planning Cowmission meeting of September 11, 197'2 at 9:32 P.M.; motion carried unanimously. Respectfully submitted, ...,, Stanley M. Walker, Secretary Saratoga Planning Commission . -8-