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HomeMy WebLinkAbout11-27-1972 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES ~,,,*****~,,,*********** TIME: Monday, November 27, 1972 - 7:30 P.M. PLACE: Saratoga City Council Chambers, 13777 FrUitvale .' Saratoga, California TYPE: Regular Meeting - I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Bacon, Belanger, Lively, Marshall, Martin, Metcalf, and Smith. B. MINUTES Co~Lm~issioner Smith moved, seconded by Commissioner Bacon, that the · reading of the minutes of the November 13, 1972 meeting be waived and·they be approved as distributed with the following changes: page 4. . .under C. UP-221. .last paragraph. .add this sentence. "Chairman Lively requested that the Staff contact Bay Area Air Pollution Control Dist-rict relative to this application." page'6. .under II. E. V-388 · .paragraph 4,. .delete item 3). .and paragraph 6. .line 2. read as follows: "adjacent to the applicant's and if this Variance is not approved the view. from". .page .8. .under F. SDR-'1001. . .paragraph 2. last line. .chang~ to read as follows.· ."continue to be·used as rentals and in due time again end up as problems." page 11. .under VIII, A. 3. add this sentence. ."He request, ed all back-up material relative to this matter be provided to the members' of the Planning Commission."; motion carried with Co~m~issioner Martin abstaining. II. PUBLIC HEARINGS A. C-161 - Coordinat'ed Financial Concepts (Max Beck), Saratoga-Los Gatos. Road - Request for Change of Zoning from "R-I-20,000" (Single-· Family Residential) to "RrM-4,0.00" (Multi-Family Residential) - Continued from October 107 1972 Chairman Lively reopened the hearing relative to C-161 at 7:36 P.M. ! The'Secretary read communications filed in favor of the propOsed'Change of Zoning by the following: · 1) George E..Engstrom~of ·20586 Carniel Avenue. 2). Frank R. Brown of 12024 Brookridge Drive. 3) Annette M. Suth of 12561 Paseo Cerro. 4) Mable P.'Decker of 20301 Orchard Road. 5) Harry R. Goff of 20621 Lomita Avenue. 6) John C. T. Rohan of 20301 Orchard Road. The'Secretary, also, read communicati6ns filed in opposition Of the p'roposed Change of Zoning by the following: 1)' A'petition containing twenty-five (25) signatures. 2) Leona Avidiya of 14571 Westcott DriVe. 3) Robert Van Der.Toorren of 14555 Horseshoe Drive. (Telegram) 4) Norman A. and Debby Kirshen of 20290 Orchard Road. -1- Planning Commission Minutes .- November 27~ 1972 - Continued II. A. C-161 - Continued 5) Mrs. Betty Lou Maas of .20360 Saratoga-Los Gatos-Road.- 6) Myra and Frank Bruno 20201 La Paloma Drive. 7) A~ H. Dutton of 20200 La PalomaDrive. 8) Brent M. Abel, attorney, representing Mrs. '~ Benjamin Lehman (an adjoining property. -. ow'ner), -Commissioner Smith .read the Subdivision Committee Report dated. November 27, 1972 recommending that denial for Change of Zoning application C-161. ~ .... Mr. David Smith of. Goodwin B~ Steinberg Associates, ArChiteCt, was present-to represent the applicant and requested a continuance for C-161, because the applicant has been ill; therefore, was unable to coordinate the material requested by the Planning Commission. Commissioner Smith stated that the matte~ has been pending for some . time and the Subdivision Committae has met with the applicant on ......... three· (3) different occasions to.discuss this.proposal~ ........ ' .......... Mr. Van Der Tooren of-14555'Horsashoe Drive was present and stated that 1) if the subject"request for change of zoning is approved there is no assurance the applicant will·build retirement housing on this property 2) the development as described in the plans submftted by .the .-- " applicant would not be feasible as a retirement. community 3) only a .... limited number of activities will be offered to the residents - all. other aetiviti'es must be conducted away from the facility and this is undesirable"for residents of retirement housing 4) the walk from this property-to.the village would be extremely hazardous .since-it is much ......safer to drive .this distance by car 5) the plans, in his opinion, pro~.ose a reasonablyhigh-density apartment complex and 6) he is opposed to the proposed change of zoning on the basis of a) density b) access (poor ingress and egress) and c) safety. · ...... ~ ..... Commissioner Smith· m0ved,'.seconded by Commissioner Bacon, to close-.the ..... pubiic h'earing"relative'to:"'C~162'at'8:'04-P.M.; motion'carried unanimously.· ...... : · ...... ." Caissioner"Smith'moved, seconded.by'Commissioner. Marshatl,.'-to adopt ...'.L .... the Subdivision Committee Report dated November 27, I972 and recommend " -- to the City C0u~Ci't"that'th'elsubjeCt.reqUeSt"f0r 'change of·zoning·beTM .......... denied for the reasons set forth!in said report; motion carried unanimously. 'B. C-162.- J'. Barry Gray' and Associates, Saratoga-Los. Gatos Road - Request for .. Change of Zoning from "R-l-10,000" (Single-Family Residential) to " .-. ' "' "P~A"'(Pr0feSS'{~n~i~'Admi~'{St'ra~iV~) - Continued. from. N0vembe~.13~. 1972 " Chairman'Li'vely'reopened the hea~ing relative to C-162' at 8:'06"P.M.' .... · . The Secretary stated nothing new,had 'been addedto'the file and.'then' .. read the Staff Report dated November 27, 1972 recommending tthe ''~ .... subject change of zoning'request.be approved. Commissioner:Met~alf.read 'a 'General Plan Committee.Report. dated November.27, ..... 1972 reflecting his--(Commissioner Metcalf's) own personal views.and recommend- ations relative-to-the Georgian House. ........ .. '-' Mr~ Van De.r. Tooren,714.555.Horseshoe Drive,"stated.that 1) subdivision of. ". .': " this property-.is not the'inherent right of the~property'owner 2) 'subdiVi~ '... of this parcel into.two (2) sites.would not be undesirable 3) fortunately. the antique shop ('formerly operated'at this location) created very little traffic - a busier use which would create more traffic should not be considered for this site 4) i'f the change of zoning request is approved the number of ..... employees.'should be .limited'5) if traffic'did become a problem then it would be necessary to widen'this entrance to Saratoga and 6) he is oppOSed to the pro-' posed change'of'zoning and would request that same be denied. -2- Planning Commission Minutes - November 27.; 1972--- Continued II. B. C-162 Continued Chairman Lively explained that the change of zoning .request is to allow· -- "P-A" (professional-Administrative~ The owner could if he so desired, demolish the Georgian House, subdivide the property into the maximum number of lots, allowed under the zoning, and construct houses on those·lots. Mr. Van Der'.Tooren stated that 1') it would be undesirable"to develop this property to its maximum 2) the ingress and egress· is Very poor and hazardous and 3) perhaps some interested residents should get together and·purchase .. the Georgian House for retention as a Saratoga Landmark. Mrs, B.et.ty Lou Maas Stated that 1) this proposal-affects her personally since she resides in the house next door to this property 2) she prefers the Georgian House remain under its present. f'R-l" zoning designation _. 3) there are numerous accidents in this area of Saratoga-Los Gatos Road 4) she, also, lives in"a grand old house and.would· not like to see it.s value decrease because of zoning. changes in the area 5) f~ur (4) homes (including the Georgian House) could be gracefully situated on this proper-ty. Mr. Pete Pasetta of 20251 Saratoga-Los Gatos Road stated that 1) he would like to Temind the Planning Commission of the Zoning Ordinance and the objectives of that Ordinance as established by the founding fathers and 2) the subject property is zoned "R-I" in the General. Plan and he' can see no logical reason for chaDging this property to "P-A". Mr.. Barry Gray, the applicant, was·present and in answer to an inquiry from Commissioner Belanger'stateH that 1) the firm of Shearson-Hammill Company will not underwrite the proposed brokerage firm since they will not own the property 2) the financial assets of Barry Gray are such that the brokerage firm can be carried by him and 3) a brokerage firm does-not create much traffic and he would anticipate starting with·five (5) brokers and approximately six (6·) clients per day with 'an ultimate goal of ten (10) brokers with three (3).secretaries. Mr. Gray further stated that· he understood the neighbors concern in connection with traffic since he,.also,. travels that road and is a Saratoga resident very much interested in making the best possible use of this pr.operty. The Secretary recommended that c:ondition. 1) of the Staff'Report dated November 27,:1972 relative to C-162 be amended to read as follows: 1) The use of the Georgian House property shall be limited to the professional-administrative use of Broker, Stocks and Bonds for solely the office of 'Shearson-Hammill Company and no other. The existing guest house on the property may continue as a single- family use only. Brokers and staff are limited to a maximum of thirteen (13) ...... Jane Campbell,'14482 Oak Place,~ stated that 1) in the beginning she was opposed to this change of zoning request since she was not anxious to have a complex of offices in the neighborhood; however, with a conditional · ' 'change of·zoning the property could not be substantially changed 2) it iS now her opinion there would be more problems if this property were developed a's "R-i" with four (4).to seven (7) lots and. 3) Sh'.e iS not Opposed to the use of the brokerage house on this property with the understanding that it will revert to "R-i" zoning when and if the brokerage house· use is terminated. Craig Maas of 20360 Saratoga-LoS Gatos stated that 1) according-to the .... regulations the beautifuly house on this property could be destroyed and numerous smaller homes constructed; thereby, preserving the "R-I" zoning 2)' by allowing the brokerage house the Georgian House and property·will ...... be preserved for the.present; h~wever, what will happen when the current .. members of the Planning COmmission are replaced and the new members are .- not cognizant of .all the·facts and terms under which the "P~A" zoning for' the subject property was approved 3) San Jose ·indicates·that it·will double ..... .. in size in the next twenty (20).years.and Saratoga-will.be. affected in'many .... " ways 4) if these changes of the type proposed are approved where will it' all end? 5) he would proposed the house be'Sold.to a .family to us~ as their home and 6) he is opposed to the proposed change of zoning. -3- Planning Commission Minutes - November 27!~ 1972 - Continued II. B. C-162 - Continued Mr. Van Der Tooren stated that. l) he is'against the change of zoning request in connection ~ith C-162 2) he is .not necessarily. against thirteen (13) people using the premises for a stock brokerage firm. · . - the.problem could-be that the applicant might decide he does not want to use the "P-A" zoning for a brokerage firm and 3) perhaps, an answer would be to allow the brokerage firm as a legal-non-conformig use in order to maintain.control. " Mr. Edmond Pohle, Saratoga-Los Gatos.Road,. requested that a commercial public enterprise not be allowed for this property. Mr. Bacon.stated that.l) it'appears that most of the opposition is due ........ to the fact that whatever use is allowed to get started here may get ....... out of control 2) it should be pointed out that a Cond{tional Change ... of Zoning requires a Use Permit 3) if the Change of Zoning is approved and' the Use Permit is granted for the brokerage house and the applicant discontinues the use then the Use Permit will be_terminated and the zoning will automatically revert to "R-I" and the Planning Commission would still maintain full control. This ~pp~icant proposed very limited alteration, none externally' and little internally, to the structure. Chairman Lively explained that' the Planning commission recommends in .'.L. the 1972 General. Plan for 1972 that this property remain as "R-i". It '. ....... ' .... is his 'feeling the recommendation in the 1972 General 'Plan should'not be changed at this time, but should be fom~arded to the Citizen's Committee for study and review at the timeof'the Major 'Review. Commissioner Marshall stated thai 1) it should be-recognized that the .... · recommendation contained. in the. 1972 General Plan Review were based on arestaurant'proposal 2) 'if the!Planning Commission had been'..aware of the present proposal, perhaps, the recommendation may have. been different 3) this applicant has been before the City. Council and they elected to send him back to the Planning Commission and 4) it seems bureaucratic to have to postpoine this for a year. Chairman Lively stated that it i~ his firm"belief that-the Planning Commission .......... should.stick"to'the'recommendatiQnmade'in"the 1972~General Plan. " Commissioner. Martin stated that 1) he would'like to 'COmment On the report"' 'submitted by the Chairman-Of the!'General' Plan Committ'ee 2) it'is.a good ..... ~roposal and he himself would like to see the Georgian House retained as a Saratoga Landmark; however, that seems unlikely. unless the City can pror vide some means of buying and ma{ntaining this house and 3) the matter ............... .'ShSuld '~e"refer~'ed t'o-"the 1973 M~jor-General Plan for considerat'ion' asl'a "'..' .... Saratoga Landmark'. ......... .- '. Commissioner Belanger explained that 1) she had hoped that 'a low-denSity" -' '. use would be proposed for this property and'the. use-proposed by this.appli-' cant fulfills that hope-and 2) postponing a decision at this time may force.. the applicant to take steps, for:'financial"reasons, that will. cause.the development of this property and, perhaps, removal'of the building. ...... Commissioner' Marshall stated that 1) .he did-think. Commissioner.-Metcalf's' proposal may have merit in-that.Saratoga should have plans to retain .this..' ...... landmark building (the Georgian House) but.the-fact remains that no-such arrangements' have.been made as yet and 2) a suitable .document'should be '- "drafted designating Saratoga Landmark'Buildings and 'the"Georgian ..HOuse.-.'. should be included in that list. -" Mr. ~oh!e suggested. that, perhaps, the surrounding property owners. could each purchase a portion of.-the property now-belonging. to the-Georgian-'House .... and add those portions to .their own property. .. .. "·'·· -~lannin.~ Commission Minutes-- November 27~1·972 --.Continue~- II. B. C-162 - Continued Mr. Gray stated that' 1) this is the second proposal submitted to the Planning Commission for ·this property and 2)· if this proposal· is referred and continued there is very little guarantee that the present owner will not sell this' property for subdivision before the Major General Plan Review is completed; therefore, it is his urgent request that a decision be made at this time. Chairman Lively sta~ed that he is·very reluctant to··answer these calls for urgency since the uppermost c!onsideration must be given to what is - best for Saratoga. Commissioner Marshall moved, seconded by Commissioner Smith, to close the public hearing in connection with C-162 at 8:58 P.M.; motion carried unanimously. Commissioner Metcalf moved, seconded by Chairman Lively, that the request for Change of Zoning from "R-l-10,000" (Single-Family Residential) to "P-A" ...... (Professional-Administrative) in connection-with·-C-162 be denied, without prejudice; motion denied with the following vote: AYES: Chairman Lively and'Commissioner Metcalf. NOES: Commissioners Bacon, Belanger, Marshall, Martin, and Smith. Commissioner Smith moved, seconded by Commissioner·Marshall, tO.adopt, as·amended, the Staff Report dated NoVember 27, 1972 (and forward same to the City Council as the recommendation of the Planning Commission) and that the subject application.for Change of Zoning in connection with · . C-162·be approved on the basis the findings required-under Section 11.1, 18.6, and 18.11 of the City of Saratoga·Zoning-Ordinance NS.3 can be·made for the reasons stated in said report and subject to the conditions set forth therein; motion carried with the following vote; AYES: Commissioners Bacon-, Belanger, Marshall, Martin, and Smith. NOES~ ·Chairman Lively and Commissioner Metcalf. ~t Commissioner Metcalf requested t~at his report· relative to C-162 be forwarded to the City Council as,a minority report. C. UP-221 - Mobil Oil Corp., Highway 85 and Big ·Basin Way - Request for Use Permit to Allow Reconstruction of Service Station - Continued·· from November 13~ 1972 Chairman Lively reopened the public hearing for UP-221 at 9:00 P.M. The Secretary explained that contact had been made with the Bay Area · ' "Air·Pollution Control District· c~ncerning thi's application.·.It_was learned the District does not have to receive approval froma city before it can act on an application. The Secretary read the Staff Report d~ted'November 27, 1972 explaining that this applicant has not made application to the Board, because it is first waiting to receive approval from the City of Saratoga. ·~ · Mr. Nell K. Chase, present to represent the applicant, s~ated that 1) the Bay Area Air PollUtion ·C~ntrol District has since been contacted relative to this matter 2) the District advised that it was necessary to obtain approval from·the City:prior to any·i·sSUance of perm%ts from the District 2) upon notification that the City Staff had contacted the· · · District the applicant immediately applied to· that·agency for·clearance 3). a meeting is scheduled·for December 6,-1972·between'·the oil companies·. and the District to set· up guidelines and recommendations 4) the City can · grant approval of·the Use Permit and impose conditions that state the approval is subject to the requirements of the District 5) the proposed location·is an·unsightly corner 'at present and the-applicant ·desires to do everything it can to construct the fineSt station possible and .improve the · existing unsightly situation at this corner of Highway 85 and Big Basin Way 6) he would·request t~at the process of the Bay Area Air Pollution Control District not be delayed and the approval of the Use Permit be .made subject to ...... the District'S requirements'.' ~5- Planning CommissiOn Minutes - November 27~ 1972 - Continued II. C. UP-221 - Continued Chairman Lively closed the hearing.for the evening at 9:06 P.M., directed UP-221 continued to the next regular meeting and referred same to the Subdivision'.Committee for study and a report. .D.~' UP-222 - Doreve corporation, Saratoga-Sunnyvale'Road -: Request for Use Permit to Allow a Swim and Racket Club -.Continued from November 13~ 1972 Chairman Lively reopened the hearing relative to UP-222 at 9:06 P.M, The Secretary explained that ther applicant'did request via telephone that this matter be continued to the next regular meeting. Commissioner Smith explained that 1) this applicant did have an appoint~ ment with the Subdivision Committee and he did not keep.it and 2) what the' applicant requests is clearly a commercial operation to be operated for profit and if this fact had been made known this application for Use Permit would not have been accepted. ; qhairman Lively read the Staff Report dated November '27, 1972 recommending that UP-222 be denied since it is'in violation of Section 3.3a of Zoning Ordinance 'NS-3 which restricts clubs to non-commercial operatons. ...... Commissioner. Smith moved, seconded by Commissioner Marshall,.to.close. .......... the.publiC hearing. in connection'with UP-222 at 9:09 P.M.; motion carried unanimously. .... .... ... ...... . CommisSioner Smi.th moved, seconded by COmmissioner BaCon, that the ........... Staff Report dated November 27, 1972 be adopted and the subject reqUeSt. for Use Permit.to allow a-swim aDd·racket. club be denied;. motion.carried. unanimously. E.' V-388 - Gary Gordon, Bank Mill Road - Request for Variance to Allow ....... · ..-.-. ...- .. ...Reduction in Side' Yard SetbaCk-_--RCquiremen.ts--.Continued.from. November 13 ~ · 1972 .... Chairman Lively reopened the 'he'a~ing 'at 9:-10 P.-M-. .............................. The Secretary read the Staff Report dated November.27, 1972..recomm.ending ..... that the request for Variance in. connection with V-388 be approved. Commissioner ~rshall stated that 1) it appears the original subdivi~er .made an error in the dimensions__of.this lot and 2) if the .lot was not .... legal from the start the sale of.same could be .shown-'to'-beillegal. ............................... T~e Secretary explained-that the. original subdivis{on map-for-this property ................ was plan-checked under the county jurisdiction. · Mr. Dan Trinidad,.Assistant DireCtor of Public Works~.stated'~'tha.t"under_....... .... -' the present policy all subdivision·maps are' submitted'to the' City. of Saratoga' for plan-checking and if there iS.any.doubt as to. the legality of'lot 'dimen-. sions it is necessary to. submit .the dimensions to a computer for verification. -Commissioner Martin.moVed, seconded by Commissione~ Marshal'], to-close the .... hearing relative to V-388 at.9:22. P.M.;.motion carried unanimously. Commissioner Martin.moved, seconded.by Commissioner Belanger,.that the " Staff Report' dated November 22, 1972 be adopted'and that' the subject request. !.'. ~ .... for Variance be approved on the basis the findings required by. Section-17.6 of Zoning Ordinance 'NS-3 can be made for..the-reasons stated in said report.; motion carried with .-Commissioner zMarshall · abstaining.. · · planning commission Minutes - November 27~ 1972~- Continued II. F. V-389 - McDonald H. Smith, Elva Avenue - Request for Variance to Allow Reduction in Side Yard Setback Requirements The hearing relative to V-389 was opened at 9:23 P.M. The SeCretary stated the Notice of Hearing was mailed and then explained· that this is an odd shaped lot. 'He further stated that the applicant did submit a Statement of Reason. The a~licant was present and stated ·that the subject·lot is an eye sore at this time because it is used by unknown individuals for a garbarge dumping and neighborhood children use it as a play area. He further stated that_it is his desire t0 take advantage of the magnificant view available and in order to do that a Variance is necessary. No one else present wished to comment. Chairman·Lively closed the hearing for the evening at ·9:30 P.M., directed "V-389 continued to the next regular meeting, and referred same to the· Variance Committee for study. -· Commissioner ·Martin, on behalf· of the Variance Committee, arranged for an appoihtment···to meet with ·the applicant for·an on-site·insPection of the property on Saturday, December 2, 1972 at 9:00 A.M. RECESS AND· RECOllECt III.' BUILDING SITES AND SUBDIVISIONS -'...' .......A..o'--SDR~982 -·Charles Guichard, Wardell Road·- Building Site Approval - 2 Lots - Continued from November 13, 1972 The Secretary explained that th'e applicant has requested that the matter be·continued··since he finds difficulty with the proposed conditions. Commissioner Smith advised that the Subdivision Committee did meet with the applicant and the neighbors. The neighbors were assured the applicant · - 'c~woUld be required to do certain things and these requirements are included in the proposed conditions of approval; therefore, there is not reason to continue. this matter. Commissioner ~rshall stated the· neighbors did ask that the City not · - encourage the applicant ·to·proceed with··this development.·.· ...... Commissioner Smith, in answer to-an.i.nqui. ry..from. Commissione. r.-Belanger, . explained that the tentative map is accepted on the basis of what the appli- cant says-he could do in conn-eqtion with providing access to-.this develop- ment; however, the final map must be legal and accurate. Mrs. Venator of 21120 Wardell Road stated·_that she is causing li-tigation· against this-applicant; therefore, site·approval shouid not be granted until the proceedings are resolved. -' .... -.. " ...' The Secretary explained that 1) originally the applicant proposed only to remodel an existing barn located on' this property 2) it was determined by the Staff at that time that the improvements would exceed 50%·and it was recommended that he (the applicant) be required to apply for building site approval - this recommendation=was overrule'd by the City Council because they interpreted the applicant';s proposal to be less than··50% Mrs. Venator stated that 1) _the applicant connected to a utility easement on h'er property ·without first obtaining her permission 2)' this· connection··· was inspected by the PG&E Manager and the City Engineer and they both considered the connection to be unsafe 3) the applicant-has not paved the access road to the barn 4) the·applicant has taken advantage of the residents of this neighborhood in many ways for five (5) years and 5) the applicant should not be allowed to proce'ed with any further development in this are~. Planning Commission Minutes November 27, '1972 - Continued III. Ao SDR-982 - COntinued Commissioner Marshall stated ·that 1) the main objection that all the people living close to this piece·of property have is that the applicant does not have legal access to the property and 2) .{f building site approval is granted the applicant may go ahead without p~oviding the required'necessary legal access. Commissioner Belanger stated that if the ap~'licant does not own·the required access to the property· then the tentative map may be misrepresented and this'matter should be clarified before building site approval is even considered. The SeCretary recommended that the City·Attorney be consulted on this matter. Chairman-Lively so directed. He then requested the Secretary to contact · ' the applicant'and obtain any additional 'information necessary·to resolve this matter. ·The Chairman directed· SDR~982 continued to the next regular .. meeting and referred same to·the Subdivision Committee for a report. B. SDR-993 - Ralph Anderson, Quito Road - Building Site Approval - 3 Lots - · · Continued from November 13, 1972 The Secretary stated that/.the applicant did review the proposed conditions of approval and expressed satisfaction'with same. :Commissioner Smith moved, seconded by Commissioner Marshall, that·the Building Site Commlttee Report dated November 27, 1972 relative to SDR-993 be adopted and·that the tentative map (Exhibit "A", filed September 28, 1972) be approved subject to the conditions set forth. in said report; motion carried unanimously. " i · . 'C. SDR-994 - Jonathan Rueloffs, Wo0dbank Way - Building Site ApprOval - 1 Lot - .......... Contlnued from Novemb&r'13, 1972· .. The Secretary explained that the applicant has requested a continuance to the next regular meeting to allow him additional time to '1) work out s~ptic tank problems with the.H&'aith..Department and 2)·· contact the·adjacent property owner about obtaining·property .t0 put in a drain field~ Chairman Lively directed SDR-994 continued ·to the next regular·meeting·· and referred same to the Subdivision Committee. · · D.··SDR-1001 - Willard·Lynch,·Big Basin Way - Building' Site Approval - 1 Lot _.. ..... ... .... -_ Continued from November 13~_1972 Ccamaissioner"Marshall explained~that.".this'is theproperty the·individUal'····'··· Commissioners were asked to go look at ~ef0re·this meeting. '" Commissioner Smith explained that 1) ·the applicant has two (2) small houses on a 62-foot· lot 2) : ·· · one of the houses has been fixed up and looks pretty nice 3) the other house'has been condemned by the· City.COuncil and the'applicant has been required~tO fix it up or eliminiate it 4)·if the house were torn down there would be a vacant lot which would have no appeal either and 5)·it is hid recommendation'that the ·sUbject'request~·f0r build~·' ing site approval be granted. Commissioner Marshall stated that he disagreed ·to the extent that approval would allow the continued use of this· house as a r.ental··and unless removal of this non-conforming-structure occurs there will forever exist·a use that is not consistent with the zoning. ' Commissioner· Smit·h· stated that if ·Commiss{Oner'Marshall's line of reasoning'is followed·the·six (6) houses across the street from the Oak Street School' should, also,:be removed. -8- Planning Commission Minutes - November 277 1972 - Continued =. III. D. SDR-1001 - Continued Commissioner Metcalf stated thai the City Council has given this applicant the option to either tear this building down or.'.to'fix it up and he has'choSed .to fix it up.c " Mr. Lynch, the applicant, was present and stated that 1) it is the -- responsibility of the City Officials to See that the'best use is made of this property 2) he has decided this building does not need to be torn down 3) .he has put five (5)' months of effort. into organizing the remodeling of thes~ buildingS. 4) he has engaged an architect for a fee of $510. 5). he (Mr. Lynch) is trying to save a building that is t~QTyears old 6) Barbara Caldwell has been hired to supervise the restoration of this building and 7) it would be economically unfeasible to consider this property for c6mmercial development at this time. Commissioner Smith moved, seconded by 'CommissionerBac0n, .that the Building Site Committee Report dated November 27, 1972 relative to SDR-1001 be adopted and that the tentative map (Exhibit "A", filed October' 16,.1972) be approved subject to the conditions set forth in said report';. motion carried with Commissioners Belanger, ~rshall, and Martin voting "no". E. SDR-1002 - Mobil Oil Corp., Highway 85 and Big Basin Way - Reconstruction of'Se~'Vic~ Station -.1 Lot - Continued'from NoVember 137 1972 Chairman Lively stated that since UP-221 has been continued SDR-1002 must, also, be continued.to the. next regular meeting. Fo SDR'-1007 - Ralph Pearson, E1 Qu~to Way - Building Site Approval - 1 Lot - Continued from November 13, 1972 The Secretary stated the applicant has reviewed the proposed conditions of approval and expressed satisfaction. with same. It was proposed that condition "M" be added to the Building Site Committee Report relative to SDR-1007 as follows:' "M. Provide 50-foot setback on North side of property." Commissioner Smith moved, seconded by Commissioner Bacon that the Building Site Committee Report dated November 27, 1972 relative to SDR-1007 be adopted, as amended, and that the tentative map (Exhibit "A", filed November .2, 1972) be approved subject to the conditions set forth in Said reportS.motion carried unanimously. b. SDR-IO08 J.F. Zeid, PalominolWay - Building Site Approval - 1 Lot - Continued from November 137 1972 __Th_e_applicant was present and stated he had reviewed the-proposed conditions' of approval and expressed satisfaction with same Commissioner Smith moved, seconded by Commissioner Bacon, that the Building ...... Site Commi.ttee Report dated_~ov~mber 27,'1972 relative to SDR-1008 be adopted and that the .tentative map (ExhiBit "A", filed November 3, 1972) be approved subject to the conditions set' forth in said report;'motion carried unanimously. H. S~-1009 - Saratoga Foothills DeV. Corp., Big Basin Way and Sixth Street - Subdivision Approval Condominium - 29 Units' Commissioner Smith recommended that SD-IO09 be-continued to the next regular meeting. Chairman Lively so directed. Planning Commission Minutes - November 27~ 1972-- Continued III. I. SDR-1010 - J. T. McManus~ Upper Hill Avenue - Building. Site Approval - 1 Lot The Secretary stated that the applicant.had reviewed the proposed conditions of approval .and expressed satisfaction with same. Commissioner Smith moved, seconded by Commissioner Bacon, that the Building Site Co~anittee Report dat'ed'November'27, 1972 be adopted an'd that the tenta~ rive map (Exhibit."A", filed November 17, 1972) be approved subject to the conditions set forth in said report; motion carried unanimously J. SD-1011 - ~al-West Communities~lSaratoga Avenue - Subdivision Approval 58 Lots Coum~fssioner Smith recommended that SD-1011 be continued to the next regular' meeting. Chairman Lively so directed. IV.' DESIGN REVIEW A. A-403 - Mobil Oil Corp., Highway 85 and Big Basin Way - Reconstruction of' -- Service Station -'-Preliminary Design Approval Continued from November 13~ 1972 ·Commissioner .Belanger explained that the Architectural Advisory Committee is reviewing this application and .the related plans; therefore, no recommend- ation.will-.be made at this time. · Chairman Lively directed A-403 continued to the.next regular meeting. B. A-405 - Saratoga Foothills Dev. Corp., Big Basin Way and Sixth Street - Condominium Development.- 29 Units - Preliminary Design Approval The Assistant Planner recommended .'that A-405.be continued to the' next regular meeting. Chairman Lively so directed. C. A-406 - Cal-West C0ummunitie~, S~ratoga Avenue - condomlni~m Development - 55 Units - Preliminary. Design Approval .Commissioner Belanger recommnedeH'that A-406'be'Con~inued to the .neXt7 .... regular meeting~ ~ ' Chairman Lively so directed. V. CITY COUNCIL REPORT The Secretary gave a brief summary.o~ .items reviewed and action taken at the City Council meeting of November 15, 1972. PLANNING POLICY COmmiTTEE " ;' ;. '. · ' ..... Chairman Lively' stated that a'.copy of t'he-minutes 0~ the last Planning/Policy · . Committee meeting have been pl'aced'i~ each Commissioner's folder for .their review. vi. oLD BUSINESS A. UP-176 - Ditz-Crane, Yuba Court ~ Request for Extension -'Continued from 'NoVember 13,197'2 "' The Secretary read the Staff Report'dated November 27, 1972 relative to UP-176 .recommending..that the subject request for extension be approved. Commissioner'Smith moved, seconded by Commissioner Marshall, that the Staff Report dated November 27, 1972. relative to UP-176 be.adopted and" the request for a one (1).year extension be granted; motion carried unani-' mous~y. -10- '-P!anni~g. Commission-Minutes - November 27, 1972 - Continued VI. ·B·. SDR-895 -'S. B. Walton, Sarato%a Hills Road - Request for Extension ........ - Continued from November 13, 1972 The Secretary read the Staff Report dated November 27, 1972 recommending the subject request. for extension in connection with SDR-895 be approved. Commissioner Smith moved, seconded by Commissioner Bacon, that the Staff Report dated November 27, 1972 relative to SDR-895 be adopted and the request for a one (1) year extension be granted; motion carried unani- mously. C. County Housing Goals ...... The Secretary explained that the. City Council has asked for a report and recommendation from the Planning·Commission regarding the proposed County Production Housing Goals. Chairman Lively referred the matter to the General Plan Committee for. Study and a report. VII. NEW BUSINESS None VIII. COMMUNICATIONS A. WRITTEN 1. Saratoga Country Club ·· The Secretary stated he had a letter from an.~.attorney, Mr. Russell V. Roessler, requesting that this matter be brought up at the January 22, 1973 Planning Commission meeting. 2. Fremont Union High School Site ............. ~.-_~ ............~.._. ..... "'- The Secretary read a communication received from Mr. Bob Wallenberg, Chairman of the Hoo~er School Community Communications Group, stating .......... that group supports Mr. Tom Sa~yer in his request_.to the City Council ...... of Saratoga for the purchase of the Fremont Union High School land site. 3. Emergency Ordinance 3E-10 :· The Secretary stated that a communication received from Lorrainne A. McLaughlin requests that Emergency Ordinance 3E-10 be denied by the City Council. The Secretary. further stated that this matter will be· considered by the Council at:its next regular meeting. 4. Final Report and Recommnedations for Village Development .... '- Chairman Lively noted that a. copy of the final report and recommendations ~' ......... for village development has been supplied'to the Planning' commission ............... by Willys I. Peck, Chairman of the Village Development Committee. 5. Low Income Housin.~ z Chairman Lively advised that2 in the Commissioners folder is an in-' formational report on Low Income Housing Projects supplied by the City Manager. -11 - Planning. Commission Minutes - November 27., 1972 Continued VIII. B. ORAL Guests Chairman Lively acknowledged, with pleasure, the presence of Mayor Smith, Councilma~ Kraus, and Mrs. Dorothy Parker of the Good Govern- ment Group. He, also, thanked Mrs.' Parker for the coffee served at recess. IX. ADJOUR~rMENT. Commissioner Smith moved, seconded by Commissioner Bacon, to adjourn the Planning Commission meeting of November 27, 1972 at 11:00 P.M.; motion carried unanimously. Respectfully submitted, Stanley M. Walker, Secretary Saratoga Planning Commission -12-