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Home My WebLink About12-11-1974 Planning Commission Minutes OF SARATOGA PLANNING COMMIS MINUTES DATE: Wednesday, December 11, 1974 - 7:30.p~m. PLACE: City Council Chambers - 13777 FruitVale Avenue, Saratoga, California TYPE: Regular Meeting ******************** I. ROUTINE ORGANIZATION A. ROLL CALL Present:Commissioners Belanger, Callon, Marshall, Martin, Matteoni,. Smith and Woodward Absent: None B. MINUTES Commissioner Belanger moved, seconded by Commissioner Woodward, that the reading of the minutes of November 25, 1974 be waived, and that they be approved as distributed to the Commission. The motion was carried; Commissioner Smith abstained. C. CITY COUNCIL REPORT Chairman Marshall reported the following items of interest relative to the. City Council meeting of December 4, .~974: (1) Cole Bridges was elected Mayor of Saratoga, and Henry Kraus was elected Vice Mayor. (2) A presenta- tion was given of the Village Parking Assessment District #2; however, action was not taken and the matter was referred to Staff for further review. (3) An announcement was made that the public hearings on the Community Development Act had been scheduled for December 12, 1974 and January 7, 1975. Do SPECIAL TRIBUTE Chairman Marshall, on behalf of the members of the Commission, welcomed back Commissioner Smith after convalescing since mid-October. Further, he ex- tended warm contragulations to Commissioner Matteoni on his recent appoint- ment to the Saratoga City Council. E. COMMITTEE ASSIGNMENTS It was pointed out that two members of the Commission would be leaving at the first of the year, and consequently it would be necessary to reorganize the Subdivision Committee,:Design Review Committee, Variance Committee and the General Plan Committee. Further, it.was noted that it would be necessary to elect a new Chairman and Vice-Chairman. Chairman Marshall requested the Commissioners give consideration to Committees they would prefer serving on, and continued this matter to the Commission meeting of January 22, 1975. II. PUBLIC HEARINGS A. UP-25~ - Saratoga Rotary Club, Saratgga Plaza, 14440 Big Basin Way, Use Permit to Allow an Outdoor, One-Day, Once-a-Year, Non-Profit. Art Show;. Continued from November 25, 1974 The Secretary stated that Staff was in the process of assessing the closure of Big Basin Way as proposed in this app.lication. He recommended the matter be continued. Chairman Marshall directed UP-259 be continued to the Commission meeting of January 8, 1975, and referred same to the Subdivision Committee and Staff for further review and report. B. V-416 - The Burl, Saratoga-Sunnyvale Road, Variance to Allow Off-Site, Free- Standing Sign (Zonin~ Ordinance NS-3~ Sec. 10); Cont. from Nov. 257 1974 Chairman Marshall opened the public hearing on V-416 at 7:43 p.m. The Secre- tary stated that a Staff Report had been prepared which recommended approval. -1- MINUTES OF DECEMBER 1974 B. V-416 - The Burl -' Continued Commissioner Martin pointed out that the Variance Committee reviewed this mat- ter on-site on Dedember 7, 1974. He explained that the building was remotely situated off of Saratoga-Sunnyvale Road, would be "entirely unnoticed without an off-site, free-standing sign," a~d that proper identification of the busi- ness would not be possible without a free-standing sign. A question was raised regarding the'accuracy of Item (~) under Reconnnended Action on the Staff Report. ~Commis~ioner Woodward recommended the second sentence be modified as follows: "Said proposed sign is to be the only sign adVertis- ing The Burl, other than a sign attached to the building, not to exceed 8 square feet." Regarding this modification, it was explained that City Ordi- nance stipulated any on-building sign under 8 feetionly require a City sign ~ pe_rmi~, while a sign over 8 feet would require Design Review approval. There were no further comments. Commissioner Woodward moved, seconded by Commissioner Martin, that the public hearing on V-416 be adjourned. The~motion was carried unanimously, and the public hearing on V-416 was closed at 7:50 p.m. Commissioner Martin moved, seconded by Commissioner Woodward~ that the Plan- ning Commission approve application V-416 per Exhibits "A," "B" and~."C" and subject to the Staff Report, ~with Condition (1) amended by the Commission, ! ~'da"fFd'December l~'~97~"'Th'gmotion was carried unanimously. C. V~417 - Theodore Picard, Canyon Vie~ Drive, Variance to Allow 15-Foot Front- Yard Setback in Lieu of Reqdired 25-Foot Front-Yard Setback (Zoning Ordinance NS-3~ Section 3.7); Continued from November 25~ 1974 Chairman Marshall opened the public 2hearing on V-417 at 7:51 p.m. Mr. Dick Loewke, Planner I, noted that the Variance Committee inspected.this on-site on December 7, 1974. He/~tated a Staff Report h_~a.~ been prepared which recommended approval on the basis t~at: (1) A 10-foot variance would allow' the house to be moved up the hill enough to escape severe slopes~ (2).-·A ~&igh~ bor..owned the 20-foot wide private access driVe.~ It was noted that if this ,~'rive were jointly owned, there would'.be no nee~ f~"a variance. (3')'Th'~h'~d~e to the south of the property fronting on Canyon View Drive had a sideyard along f said access road allowing it to sit ·only 10-feet from the ~ccess road property line. Mr. Loewke reported that two letters had been received from Mrs. Lois Cockshaw, 20995 Canyon View Drive, directly relating to development and treatment of the access road on the property. He added that·oral and written communications had been transmitted to Mrs Cockshaw from Staff, and same had helped to clarify . her concerns on this matter. There were no further comments. Commissioner Woodward moved, seconded by Commissioner Martin, that the public hearing on V-417 be closed. The mot'ion was·carried unanimously, and the public hearing,~'~'V'j-~17 ~as closed at 7:56 p.m. Commissioner Martin·_~oved, seconded by Commissioner Woodward, that the Plan- ning Commission ·~Rpr.6ye_application V-417 per Exhibit "C," and subject to the Staff Report dated December 11, '1974. The motion was carried unanimously. D. C-178 - City of Saratoga, Change of Zoning of certain Parcels to be Consistent with the 1974 General Plan for the City of Saratoga The Secretary stated that State laws required City zoning be brought into con- sistency with the General Plan. He pointed,out that the City of Saratoga adopted its 1974 General Plan in August 1974, and C-178 was an attempt to con- form with State laws. He stated that this evening's me~ting was for general over-view, and added that Staff had prepared a proposed schedule for five public hearings on individual areas. He explained that Staff would be -2- MINUTES OF DECEMBER 1974 D. C-178 - Change of Zonings in City of~Saratoga - Continued publishing'public notices in the Saratoga_News per schedule, and would be for- warding notices to all residents whose property was proposed for rezoning as well as to all residents within 500-feet of these proposed rezoning areas. The Secretary further explained that a presentation would be given on each of the proposed rezoning areas at the respective public hearings, along with land- use surveys and other details relating to slope, etc. A question was raised as to the reason 'for deleting Zone 18 from the General Plan Rezoning Schedule. The Secretary explained that,~here were inconsisten- cies relating to the property lines~ and that a more thorough review of Zone 18 was needed. He added that Zone 18 would be rescheduled for hearing afterl-.review had been made. · There were no further. comments. Chairman Marshall closed the public hearing on C-178 at 8:15 p.m., directed the matter be continued to the Planning Commission meeting of January 8, 1975 at which time Study Areas A and C would be heard, and .referred same to the Subdivision Committee and Staff for 'review and report. III. BUILDING SITES AND SUBDIVISIONS A. SDR-1150 - Donald Holly, Kittridge ~oad, Building Site Approval - 1 Lot; (Expires December 12~ 1974); Continued from November 25~ 1974 The Secretary stated that the applicant was discussing the problem of sewer requirements with the Health Department, and recommended this matter be con- tinued. He added that the applicant had submitted a letter granting an exten- sion to the Planning Commission meeting~"~f January 8, 1975, Chairman Marshall directed SDR-1150 be continued to the Planning Commission meeting of January 8, 1975, and referred this matter to the Subdivision Committee and Staff for further review and report. B. SDR-1151 - David Dozier; Quito Road,! Building Site Approval - 1 Lot; (Expires December 17~ 1974); Continued from November 25, 1974 The Secretary stated that a Staff Report had been prepared on this which . recommended approval. Mr. Trinidad zcorrected the Staff Report as follows: (1) first sub-item under (b) - 2~" .and (2) last sub-item under (b) - 35,000 lbs. dynamic loading. Commissioner Smith moved, seconded by Commissioner Belanger, that the Planning Commission approve application SDR-1151 per Exhibit A-1 and subject to the Staff Report, as amended, dated December 11, 1974. The motion was carried unanimously. : C. SDR-1153 - Western Federal Savings and Loan, Big Basin Way, Building Site Approval - 1 Lot; (Expire.s December 28, 1974); Continued from November 25~ 1974 The Secretary stated that a Staff Report had been prepared on this which recommended approval. The applicanti's representative was present and ques- tioned Condition "L" of the Staff Report. After discussion o£ same, it was recommended that Condition "L" of the Staff Report be modified as follows: "Automatic sprinkler system required within building as per Saratoga Fire District." Commissioner Smith moved, seconded by Commissioner Belanger, that the Planning Commission.approve application SDR-1153 per Exhibit "A,"' and subject to the Staff Report, as amended, dated December 11, 1974. The motion was carried unanimously. D. SDR-1154 - Beck Enterprises, Walnut Avenue, Building Site Approval - 3 Lots (Expires December 28~ 1974); Continued from November 25~ 1974 The Secretary stated that the applicant had submitted a let'ter'granting an ex- tension to the Planning Commission meeting of January 8, 1975, and recommended -3- MINUTES OF DECEMBER D. SDR-1154 - Beck Enterprises - Continued this matter be continued. ChairmanlMarshall directed SDR-1154 be continued to the Planning Commission meeting of January 8, 1975', and referred this matter to the Subdivision Committee and staff for further review and study. It was noted that the. files on the foll6wing applications were not complete, and Staff recommended they be continued: E. SDR-1155 - Dwayne Richa~ds, Palomino Way, Building Site Approval - 1 Lot; (Expires January 14~ 1975) F. SDR~l156 - Albert Tognoli, Carniel ~venue and Saratoga-Sunnyvale Road, Build- ins Site Approval - 1 Lot (Expires January 15~ 1975) G. SDR-1157 - Eldon Hoffman, Bank Mill iRoad, Building Site Approval - 1 Lot; (Expires January ~6, 1975) Chairman Marshall directed SDR-1155, SDR-1156 and SDR-1157 be continued to the Planning Commission meeting of January 8, 1975, and referred these matters to the Subd:{vision Committee and Staff for ~evi~wL. and report. .IV. DESIGN REVIEW A. A-446 - Thomas Walker, Pierce Road, ZFinal Design Review - Single-Family Residence; Continued from November 25~ 1974 The Secretary slated that the appliqant was experiencing difficulties in pre- paring a revised plan as requested by the Design Review Committee, and had submitted a letter requesting A-446'be withdrawn. He recommended that, inso- much as Staff had not done a substantial amount of work on this application, the application fee be refunded to 6he applicant. Commissioner Woodward moved, seconded by Commissioner Matteoni, that the Plan- ning Commission approve the reqUestlfor withdrawal of application A-446, and that the application fee be refunded to the applicant. The motion was carried unanimously. B. A-457 - James Dinkey, Mt. Eden Court, Final Design Review - Single-Family Residence; Continued from November 25~ 1974 Mr. Loewke stated a Staff Report had been prepared on this mat[er which recom- mended approval. He noted that the iDesign Review Committee had again reviewed this matter on December%'z3, 1974, and pointed out that the applicant had sub- mitted a revised plan (Exhibit D) which met all of the requirements recommended by the Planning Commission. at its last meeting. He stated that the design complied with all City Ordinances, adding that Exhibit "D" provided for clarification of window wrapping, aZsmall 3-foot over-hang over the front entrance, a minor labeling change o~ the foundation plan, and the identification of the retaining ~all. Commissioner Belanger questioned whether or not Mr. Dinkey's property was land- locking the adjacent property owner'.s (Mr. Dumas) access. It was noted that Mr. Dumas had another access directly off Pierce Road, and that he was working with adjacent property owners in resolving this access question. Commissioner Woodward moved, seconded by Commissioner Matteoni, that the Plan- ning Commission grant final design review approval to application A-457 per Exhibit "D" and the Staff Report dated December 11, 1974. The motion was carried unanimously. : C. A-458 - Theodore Picard, Canyon View Drive, Final Design Review - Single- Family Residence; Continued'from November 25~ 1974 Mr. Loewke stated that the Design Review Committee had reviewed this on two occasions, that the design of the house met with the Committee's approval, and that a Staff Report had been prepared which recoa~aended approval. -4- MINUTES OF DECEMBER 1974 C. A-458 - Theodore Picard - ContinuedZ Discussion followed on Exhibit "C;f'' and it was the Planning Conmission's con- sensus that the.plans were not adequate. It was noted that the Design Review Committee had requested revised plafis, but that the applicant had not"'submitted same. Chairman Marshall directed A-458 be'continued to t~e Planning Commission meet- ing of January 8, 1975, directed StAff request the applicant submit ~'dequate plans, and referred A-458 to the DeSign Review Committee and Staff for further review and report. D. A-460 - The Burl, Saratoga-Sunnyvale Road, Einal Design Review - Identification Sign; Continued from November 25, 1974 Mr. Loewke stated that the Design Review Committee had reviewed this matter, the design had met with the Committee'slapproval, and that a Staff Report had been prepared which recommended approval~ Commissioner Woodward r'~commended the second sentence of Item (1) under Recommended Action be modified as follows: "Said proposed sign is to be the only sign advertising The Burl, other than a sign attached to the building, not to exceed 8 square feet." Commissioner Woodward moved, seconded by Commissioner Matteoni, that the Plan- ning Commission grant final Design Review approval to application A-460 per Exhibits "A," "B" and "C," and subject to the Staff Report, ~i~h'C~di'~{~ (1)amended li =by the Commission, dated December l'IT',r97~'The motion was car~i~d unanimously. E. A-461 - John A. Cook, Cox Avenue, Final Design Review - Commercial Building Addition The Secretary stated that this matter had not been adequately reviewed, and recommended same be continued. Chairman Marshall directed A-461 be continued to the Planning'Commission meeting of January 8, 1975, and referred same to the Design Review Committee and Staff for further review and report. V. ENVIRONMENTAL IMPACT DETERMINATIONS The following Negative Declarations were filed by the Planning Department between November 26 and December 11, 1974: , · . A. SDR-1155 - Dwayne Richards, Palominq Way, Building Site Approval - 1 Lot B. SDR-1156 - Albert Tognoli, Carniel Avenue and Saratoga-Sunnyvale Road, Building Site Approval -;1 Lot C. SDR-1157 - Eldon Hoffman, Bank Mill Road, Building Site Approval - 1 Lot D. C-178 - City of Saratoga, Change=of Zoning of Certain Parcels to be Consistent with the 1974 General Plan for the City of Saratoga 'VI. MISCELLANEOUS : A. SDR-1037 - R.J. Hunter Development,~Ltd., Comer Dr~ve, 4 Lots - Request for 'One-Year Extension; Continued fromNovember 25~ 1974 The Secretary stated that a letter dated November 22, 1974 had been submitted by MacKay & Somps requesting a one-year extension on SDR-1037. He pointed out that a meeting had been held between Staff, the Subdivision Committee, and the applicant's representative (Mr. Cecchi) to discuss this request, and that there had been a general agreement at the meeting/that a motion would be entered recommending denial of the request without prejudice. 'He explained that it was Staff's concern that this property would fall within the proposed slope con- servation zone; and if this one-year extension were granted, development of the property would be contrary to the intent of the proposed Slope Conserva- tion Ordinance as recommended in the 1974 General Plan. He added that it was Staff's recommendation this. requestlbe denied without prejudice in order to enable the applicant an opportunity:to reapply~. .It was pointed out that if the applicant were to reapply, the Slope Conservation Ordinance could possibly'. be in effect, and the applicant wouid be required 'to comply with same. MINUTES OF DECEMBER 1974 A. SDR-1037 - R.J. Hunter Development Ltd. - Continued Mr. Hunter was present and expressed concern that by complying with the Slope Conservation Ordinance, his property might be subject to a smaller lot-yield. He stated that if the Commission would grant him an extension, he would begin work immediately on posting bonds for improvements. He added: "This is a piece of property that was appro~ed last year and the conditions have not changed that much as far as the property is concerned. If it was alright then, I think it should be alright today." Discussion followed on this matter.. Staff stated that the Slope Conser~tion Ordinance would be somewhat flexible and consequently Mr. Hunter might still be able to obtain a 4-lot yi'eld. Mention was made of the proposed Emergency Ordinance which would effectively place a "freeze" on hillside development · for 6 months~ A call for consensus was made: Commissioners Matteoni and Woodward indicated they f~lt it would be best to continue this matter to January 8th Commission meeting pending the outcome of the Emergency Ordinance at the City Council. Commissioner Callon stated that she would be against granting an extension at this time insomuch as she felt the Commission had an obligation to consi- der the General Plan; members of the Subdivision Committee indicated they agreed with this opinion. Commissioner Martin favored granting a 30-day ex- tension in order to allow the applicant time to complete his conditions prior to enactment ofa/~ Emergency Ordinance. Mr. Hunter expressed a desire to be.granted at least a 30-day_~xtension. He asked if a denial~ of his request was subject to appeal, ~6~wh'ich~th~.~ity~'.'~'~ '~ ~Attorney explained that it was not subject to appeal to the City Council. At this time, Commissioner Belanger moved, seconded by Commissioner Matteoni, · ~ that the Planning Commission deny without prejudice the request for extension on application SDR-1037. The motion was carried; Commissioner Martin voted no. B. SDR-1059 - David Mendenhall, Mr. Eden Road - 1 Lot - Request for One-Year Extension The Secretary stated that this was the first request for extension, and pointed out that the application would expire on January 9, 1975. Commissioner Smith moved, seconded by Commissioner Belanger, that the request for one-year extension be granted to application SDR-1059. The motion was carried unanimously. C. SDR-lI47 - Osterlund Enterprises, Radoyka Drive, Subdivision Approval - 13 Lots; Request for Reconsideration of Conditions (Tentative Map Approval Granted October 23~ 1974) The Secretary stated that a letter from MacKay & Somps dated November 20, 1974 had been received requesting modification of the condition pertaining to the dedication and maintenance of the triangular-shaped parcel of land at the end of San Palo Court. He noted that the Board of Trustees of the Moreland School District had voted unanimously to dedicate the streets adjacent to the Brook- view Elementary School to the City,~and further would not be willing to ahcept maintenance responsibility of this area. He explained that a meeting had been held between the City and the Trustees to discuss this matter, and it had been agreed that the City would accept the dedication of land with maintenance responsibility thereof. He added that a revised plan (Exhibit A-l-3) had been submitted which reflected the ownership of these islands~to be that of the City's. Commissioner Smith moved, seconded by Commissioner Woodward, that the request for reconsideration of conditions pertaining to the dedication and maintenance of any portion of the streets adjacent to the Brookview Elementary School be granted application SD-1147 per Exhibit A-l-3. The motion was carried unanimously. -6- MINUTES OF DECEMBER 1974 VII. COMMIINICATIONS - WRITTEN The following written correspondence was introduced to the record: A. Letter dated December 2, 1974 from Lois Cockshaw, 20995 Canyon View Drive, relative to V-417. It was pointed out that Staff had answered this letter. Staff was directed to make this par~ of the V-417 .file.. B.Temporary schedule for Planning Commissioners in attending City Council meetings during 1975. C. Newsletter from Pride's'Crossing Homeowners Association. VII. COMMUNICATIONS - ORAL A. The City Attorney stated that he had been in error in advising Mr. Hunter (SDR-1037) that denial of his request was not subject to appeal. He indi- cated he would contact Mr. Hunter and advise him that he may appeal to the City Council if he so desired. B. Commissioner Martin recommended Staff indicate on Staff Reports whether the Report had been revised in order to avoid'confusion. staff was directed to so indicate on future Staff Reports.whether the Report had been revised. C. Commissioner Matteoni formally tendered his resignation from the Planning Commission. ~In reflecting back on his rof~'~"C~'rn~i~i~'~'~','Mr. Matteoni gave special commendation to CommisSioner Smith for his expertise of City Ordinances, and to Chairman Marshali for his skill in chairing the Commission meetings. He stated that he was pleased to have been a part of the Commission, and added that he felt the Commissi0~!had many accomplishments in "people-work" as well as land-use problems. R~'at~e to this statement, he cited examples of the Cit ' y s assistance in helping resolv~"'the .C~Urch of Ascens'ion/P~ide's CroSSing ' conflict; further, that Commissioner Belanger's earlier reports from the citizens residing around West Valley College had been right on with comments made by citizens at the recent CitylCouncil/College Board of.GovernorYs meeting. In regards to Committee Assignments, Mr. Matteoni reminded the Commission of a memorandum written in 1972 relative to delegating more of the detail work to Staff, and suggested the Commissioners give'~consideration to this when they reorganize Committees. RelatiVe to this, he further suggested the General Plan Review Committee be held on a quarterly basis at Committee- of-the-Whole meetings. Mr. Matteoni concluded his statements by stating that even though he had tendered his resignation, he would be attending the special public hearing on CE-172 DeCember 16, 1974; he indicated, however, that he would abstain from voting if action were taken at the meeting. D. ~a~.~ wa~__requested to~press ap. preciation on behalf of the Commission to' Messrs. Ben Patterson, Frank Anderso~ and Jim Berkland for attending the 7 recent'Par~er ~,field-trip on DeCember 7, 1974. E,. Chairman Marshall expressed appreciation to Mrs. Owens of the Good Government Group for serving coffee. VIII. ADJOURNMENT Commissioner Woodward moved, seconded by Commissioner Martin, that the Planning Commission meeting of December 11, 1974 :be adjourned. The motion was carried unanimously, and the meeting was adjourned at 10:00 p.mo Resp.e.~-?fully submitted, -.7-