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HomeMy WebLinkAbout11-12-1975 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION MINUTES .. DATE: Wednesday, November 12, 1975 - 7:30 p.m. PLACE: City Council Chambers - 13777 Fruitv~le Avenue, Saratoga, California TYPE: Regular Meeting I.ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Belanger, Callon, Marshall, Martin and Woodward Absent: Commissioners Lustig and Zambetti B. ~ MINUTES Commissioner Woodward moved, seconded by Corf,~fLissioner Martin, that the reading of the Planning Commission meeting minutes of October 22, 1975 be waived, and that they be approved as distributed to the Commission. The motion died for lack of a quorum in that Commissioners Belanger, Callon and Marshall abstained. Staff was directed to place thes!e minutes on the agenda of the next Commission ~ meeting for adoption. , C. [~'~T~~'~]ON~ OF FUTURE PLANNING COMMISSION MEETINGS After brief discussion, it was the consensus of the Planning Commission to schedule the second Commission meeting in November for Monday, November 24, 1975, in lieu of holding the meeting on Thahksgiving Eve. Additionally, the second December Commission meeting of December 24, 1975 was cancelled altogether. II. FINAL BUILDING SITES/TENTATIVE SITES A. SDR-1205 - Santos Aparicio~ Elva Avenue~ Final BUilding Site Approval - 1 Lot Note was made that all conditions o'f tentative building site approval had been met. Commissioner Belanger moved, ~seconded by Commissioner Callon, that the Planning Comission grant final i...bUi. lding_ _si_t.e .app_r..oya!_ t._0_..app_l__i_c~t_io_.n _s. DR-1205.' [ ~.h..e ~9tio.n w_a.s' .,Carried una_n.imo~sly.' B. SDR-1210 - Jerry Jordan~ Saratoga Kills Road~ Final Building Site Approval - 1 Lot Note was made that the applicant had requested reconsideration of conditions (c) and (q) of the Staff Report on the '.tentative map approval of SDR-1210. (See Miscellaneous, Item A.) Additionally, Staff pointed out that not all of the various necessary documents had been recorded as yet, and consequently, Staff recommended conditional final building site approval be granted to SDR-1210 subject to action being taken on the request for reconsideration of conditions. The Commission addressed the request for reconsideration of Conditions (c) and (q). Staff explained that, relative to Condition (C), the standard requirement · for constructing an access road waS 18-feet. However, insomuch as there were unique topographical features affecting the property, the Fire District was satisfied with a 14-foot minimum width. Additionally, relative to Condition (q) the Fire/District h'~d agreed to the applicant's request to reduce the required inside radiu's'b'f' the intersection at Saratoga Hills Road and the access road to 42 feet because of the same unique: topographical features. Staff noted that.._a,. revised Staff Report had been prep.ared modifying these 2 conditions, a;long with ~ a memorandum wh_iCh explained, the reas0.ns f?r s._ucb.. reco_mme.nde, d amendments. ",' After brief discussion on this mat.'ter, Commissioner Belanger moved, seconded by [ . Commissioner Callon, that the Planning Commission grant approval to the applicant's request that Conditions (c) and (q) of the Staff Report relative to application SDR-1210 be modified as specified '.on the revised Staff Report dated October 16, 1975. The motion was carried unanimously. MINUTES OF NOVEMBER 1 1975 II~i"'-~B~.-SDR-1210 - Jerry Jordan At this time, Commissioner Belanger moved, seconded by Commissioner Callon, that the Planning Commission grant conditional final building site approval to application SDR-1210 per Resolution 1210-1. The motion was carried unanimously. C. SD-1202 - Saratoga Foothills Development Corporation, La Paloma at Saratoga Avenues, Tentative Subdivision Approval - 24 Units; Conversion of Existing Apartments to Condominium Units (Expiration Extended to November 12~ 1975); ContinUed from October 22~ 1975 Staff noted that as a result of the recently-adopted m6ratorium ordinance on condominium c~nversions (Ordinance No~ 61), action on this application could not be taken until expiration of said ordinance in February 1975. Staff recommended that this application be denied without prejudice in accordance with Section (2) of Ordinance No. 61, and note was made that this= action would allow the applicant to resuhmit his application without additional fees or time constraints. Commissioner Belanger moved, seconded.by Commissioner Callon, that, in accordance with Section (2) of Ordinance No. 61, Zthe Planning Commission deny without preju- dice application SD-1202. The motionlwas carried unanimously. D. SD-1211 - Saratoga Foothills Development Corporation, Saratoga Avenue, Tentative Subdivision Approval - 13 Lots (Expires December 11~ 1975) Note was made that the file was not y~t complete on this application, and Staff reco~f~fLended this matter be continued. Chairman Marshall directed SD-1211 be con- tinued to the Planning Commission meetim. g of November 24, 1975, and referred this matter to the Subdivision Committee a~d Staff for further review and report. III. PUBLIC HEARINGS A. GF-301 - Proposed Hillside Conservation District Ordinance, an Ordinance of the City of Saratoga Amending Ordinance NS-3, the Zoning Ordinance, by Establishing a Hillside Conservation District Zoning Classification by Adding Article 3-A Thereto; Continued from October 22~ 1975 The Secretary explained that the City.Attorney had put the proposed draft ordinance into legal form as requested by the C6mmission; however, he pointed out that this latest draft had not been distributedlto the Commission and the public for review as yet. ~The Secretary added, however, that pe~. the Commission's request, slope ~ity table op~_ion~s__.had been preparing, and Staff recommended the Commission re- view and'select one of the ~ptions fo~ inclusion in this latest draft ordinance. Chairman Marshall reopened the publiczhearing on GF-301 at 7:57 p.m. Citizen Response .~..' Thomas Fryer, Saratoga Hills Road,!expressed concern that Mr. Russ Crowther, in earlier public hearings, had given the erroneous appearance to the Commis- sion of representing the ArgueIlo Homeowners Association rather than himself; further, that Mr. Crowther had mlsleadingly implied that the fCo"d~'~'~elt its best land use was 2.5 acre minimum.' Mr. Fryer explained that his impression r of the purpose of County planning was to hold back development so that indi- vidual cities could handle as muchZdevelopment as they could. He asked for a definition of the 4,000 square foot fence regulations, and what the status of a preexisting fence would be if.it did not conform with the new ordinance. Chairman Marshall explained that t~e Commission had felt that if a particular feature was shown and approved on a site development plan, the feature itself ~'~s an approved feature. However, if a site development plan had been a~roved "' ~without a_particUlar feature and thenhthe applicant wanted to use that feature', the Commission had felt there Should be s6me controls exercised./Staff expla~n"~d 7ihat the 4~O00 square foot limitation on fencing applied to all fences,~ and further explained that preexi~'ti~ U~s or' StructUres would fall into the cate- g6ry of legal' n0n~conforming uses and structures. The City Attorney added that in no way was the proposed ordinance intended to be applied retroactively. -2- MINUTES OF NOVEMBER 12 III. A. GF-301 - Proposed Hillside ConservatiOn District Ordinance - Citizen Response - Cont'd · Russ Crowther, 20788 Norada Court, stated that he would like to see more care- ful, wide-range planning with regard to this ordinance be done which addressed impacts of conservation e~a'luation~ i.e., he cited page 26 of the General Plan relative to this as followsi'~. "... redefine the slope conservation zone ordinance to provide minimum density and to include conservation evaluation, i.e~, slope, distance from all-weather road, school capacity, water service, sewer service, electri- cal service, fire protection, geological hazards, vegetation, arterial access." He indicated that he f~lt the publ$c should be made aware of what the City was intending to be done with regards to these impacts. · John Tilton, 21172 Bank Mill Road and one of the owners of-'Park'er.Ranch ~r0perty, expressed a preference for the previous slope density regulations ~rior to the Interim Resolution, adding that he felt these/.previq~.regqlations_pro-_', tected basically all of the residents in the City from a variety of hazards and liabilities. He pointed out that the proposed district dealt with 1200 acres, sites Of which were all uniqu~.-=and which should not have a standard' slope density applied to them. He' explained that some of the sites could sup- port high density, while others could not support any density at all, and he urged that.,each hirl~i'd~'site Sh~I'd'b?reviewed on its own merits. He in- formed the COmmiSSiOn 'th~'h& had' ~i~ed in many of the hillside communities within / the Bay Area which ha~ restrictions on hillside developments and he contended that there had not been any t~emen~us liabilities incurred against these cities because of flooding, earthquakes, landslides, etc. He proposed that inverse condemnation lawsuits rather than lawsuits from landslides, etc. would be the legal action taken against the City of Saratoga with regard to this ordinance. Mr. Tilton stated that he felt the City had a right to decide if it wished to maintain open space, but he indicated that it was the City's responsibility to also protect the property owners in the hills from confiscation of their property for this open space. · Judy Corlis, president of the League of Women Voters of Los Gatos/Saratoga, read a statement of position relative to land use into the record, making essentially the following points: 1) They supported measures which }rovide for consistency in development, which preserve the natural assets of the environment, and which meet the needs of a growing community; 'and an objective under this position would be the preservation of open s~ace by such methods as funding for local and county parks, issuance of:State bonds for open space lands, and use of Williamson Act contracts. 2) They strongly recommended a c6mplJte cost/benefit a. halysis of hillside development ~ prepared and.p~eSen~ed to the public. Subsequent to this analysis, they u~ged that the,ioption of public purchase be presented to voters. They stated: "It2iS'reCognized thai the qu~i6n 'of public acquisition of open space is not within the scope of the proposed ordinance, and of this public hearing, but we want to state this because now (1) it is our ideal solution and (2) because we want all to understand that the League of Women Voters does not expect the hillside landowners to en 'o ." bear the total cost of providing an open space for all of Saratoga to 3 Y 3) Relative to the proposed ordinance, the League made. Tthe following ~ recommendations: ' ~ - They felt there should be the reinstatement of the provisions of the July 1975 draft ordinance. They stated: "The purposeS. as eloquently stated therein, is one which the League completely supports." - They felt the ordinance should be written in layman's language. - They felt that all Planning Commission subcommittee meetings be. open to p~blic input and be publicized. (Chairman Marshall noted that ,3- MINUTES OF NOVEMBER 12~75 ~ III. A. GF-301 - Proposed Hillside Conservation District Ord. - Citizen Response - Cont'd per City Council policy, all such meetings were posted at City Hall at least 24 hours in advance, and that all such meetings were and had been open to the public.) - They felt that the proposed ordinance should adhere to the 1974 General Plan which requires 1 to lOzacre parcels in the Hillside Conservation Zone. · Relative to the latter point, Ms. Corlis presented charts reflecting Hillside Conservation Zone provisions in all of the City General Plans, making the following points: 1) The 1960 General Plan states: "'The lowest density is in the undeveloped area on the south and west edges of the City with slopes greater than 20%. Here building sites must be carefully selected to avoid excessive grading and there would be an average 6f only one dwelling.per IO' acres. Sites in the very low density area w6uld be one acre or larger~" 2) The 1968 General Plan providedlfor a slope conservation zone in areas of over 30% slope, with an average density of one house per 10'gross'acres, and additionally in the very low density area, the General ~an map called for one-acre sites and ~verage density of .6. 3)The 1972 General Plan map called for a slope conservation zone and a very low density area with the same'st~hdards as the 1968 General Plan. 4) The 1974 General Plan recommended that the land area within the slope density zone be revised beyond; that in the 1972 General Plan, and the approved map called for one unit per acre to one unit per ten acres. Ms. Corlis contended that the League .could not find any indication in the reading of the 1974 General Plan supporting d'ocuments that there was an intent to increase density in the hills. She stated thazt it was the League's recommendation that the City adopt a slope density formula which would implement the provisions of the 1974 General Plan, and they offer'ed the following: Average Slope. Gross Acres/Dwelling Units 0 - 10% : 1 25% ! 2.5 Over 30% ' 10 To the points relative to the General Plan implementation, Chairman Marshall noted that the effect of density proposed in this draft and that proposed in the 7r~6'8'~'~'h'~'~l'P'Ian were essentially th~ same in that the density in the propose~. draft effectively would decrease not increase because.t~~ .~E~S~·~j.·~t~·t._~a§ ....... not to allow building o~n ljnds wit~_~!opes in excess of 40%. He further noted · ~·'that the 1968 General Plap proposals relative to the slope conservation ~one had indeed n~V~r ~een implementeh. 'Addr'~S~'ing thi~ la~'[~[ ~B{~[~ 'the Ci~"Attorney. · pointed out that it had not been an oversite in any way that these 1968 General Plan provisions had not been implemented because the philosophy and laws of General Plans had changed since that time. Mr. Johnston explained tha~__d_~Eing the 1960 and ....... l~6~_G_ep~r~!pla~_.R~y~e~_th~...p~i_!0S0phy_o~_a q~.ner~__~an_.W~s..~hat.~t_~s tO ~e designed for something which would occur 20-25 years hence. Further, he explained that a General Plan was not mandatory under state law, nor was it a state law to require that zoning be consistent with a General Plan. In light of this, Mr. Johnston explained that the theory_~e~ind the 1960 and 1968 General Plans had been that the area presently under review should be zoned R-i-40,000, and at the__ end of 25 years, whatever was not built upon would probably be rez~ned to one unit per 10 acres. He added, however, that prior to the General'Pfan"'R~iew in 1973, state law changed thereby making it mandatory that all cities not only have _~. ~ .G~er~a. 1 ._ ~l~n.,_ ~t_.a! s~_~h~ti_a_!!~z,Q~ing._ had tp _be ~n~i s~. ~i.th__tha~ General Plan. MINUTES OF NOVEMBER 1 -2,~75 : ~ III. A. GF-301 - Proposed Hillside ConservatiOn District Ord. - Citizen Response - Cont'd · Heber Teerlink, representative of the Greater Saratoga Property Owners Associa- tion, pointed out that the recently~conducted tour by the League of Women Voters of the proposed hillside district had only included approximately' 200 acres of the proposed 1200 acre district. He expressed concern that many of the people concerned with "saving our hills" were really not aware of the conditions of those 1200 acres, and he gave as an example of this statement the fact that much of this land was unproductive orchards, and that most of the land within the district was not seen by the community as a whole. Mr. Teerlink urged that the Planning COmmission, as well as any of the public who were interested, take a .tour of the entire 1200 acre area prior to accepting an ordinance which governed this district. After brief discussion, it was agreed to by the Commission to take a tour of this proposed district on Saturday~ November 22, 1975 at 9:00 a.m. Note was made that the Coffmtissioners would be provided with a guide map of the tour and would provide their own transportation. Commission Response The Commission gave consideration to .the slope density table options, and dis- cussion was had on the fact that in the calculation of these options, the gross averaging technique had been used instead of the net averaging technique. Staff recommended the use of the gross averaging technique over the net technique to arrive at density because it was an easier and more flexible method. In discussing specifically the slope density table options, note was made that there was a large gap in Table C between 25-26% slopes; whereas ~d a smoo~ transition, it was eff~cting a greater percentage'of th'~'6verall ~di~ri~'tl CommiSSioner Martin. recommended that in order to more definitely determine percentages of slopes, an interpolation table be provided in the ordinance rather than merely rounding off the percentage to the nearest whole. number. After discussion of these two points,~ Commissioner Callon and Commissioner Martin. indicated a preference for Table C; while Commissioner Belanger, Commissioner Woodward and ~'~irman Marshall indicated preferences for Table A. Staff was requested to""smooth ~ut the gap" in Table C for further review. It was the Cormnlssionss consensus that Staff aperid Table Options "A" and "C" to the latest revised draft for additional PlanningZ Commission and public review. BREAK: 9:50 - 10:15 Discussion followed by the Commission on the ordinance's intended concepts and the direction in which the proposed ordinance draft had taken. Commissioner Belanger pointed out that the original draft ~f July~ 1975 had provided for clustering and the preservation of open space, which she noted were not present in the present ordinand~ draft. She stated 'that she felt the original draft was "really significant planning," whereas presently "we have allowed ourselves to think in the simple term of low density equals good planning. I am not advocating high density, but rather a controlled use 2of land." Commissioner Woodward agreed with this position, adding that she felt the first draft reflected the Commission's philosophy and goals for preserving open space, and she stated that she felt the present draft ordinance had gone far astray from this original philosophy. Chairman Marshall agreed that the present draft was a "badly watered down ordinance," and suggested that reevaluation of the present ordinance'S~direction be given by the Commission. Commissfoner Callon stated that although she felt the clustering concept was good, she ,~i'~ not li~e to go back to the original draft ordinance because she felt it wa~ ~nwiel'diy. The City Attorney pointed out that t~e original draft started out as a utiliza- tion of slope density conservation combined.with a~Planned Community ord'inance. He explained that the present draft had been designed merely as a zoning ordinance to be combined or not to be combined.with a "PC" ordinance which would entail the imposition of,clustering ahd dedication of open space easements under the 1974 Amendments to the Governing Code. He stated that he felt, from a standpoint -5- · MINUTES OF NOVE~ III. A. GF-301 -'Propose~'~fllside Conservation District Ord. - Commission Response - Cont'd of enforcing the ordinance, that it wofuld be easier to administer an ordinance which imposed a slope density formula,. and then permit an applicant to request this be combined with "PC" development'· As a result, the applicant would request "PC "and he would not be in a position to contest its requirements He added that if the City initially combined the obligation to not only use slope density but also require clustering and dedication of open space easements, then the City may be forcing property owners into doing something which they pay choose ~to lega[~ contest. The City Attroney. submitted to the Commission that they were developing a tool for use on the Zfoothills',' but how the City was to use that tool was completely open in that it would not have to be used on the entire 1200-acre district. Additional discussion followed on these comments, and it was the Commission's consensus that individual review be given to the desired concepts of the proposed ordinance. Chairman Marshall closed the public hearing on GF-301 at 10:52 p.m., continued the public hearing to November 24, 1975, and referred this matter to Staff and the Commissioners for further review. B. UP-288 - American Indian Council of Santa Clara County, Inc. (Mr. George Woodard~ President), Intersection of ~rospect and Stelling Roads, Request for Use Permit to Allow a Temporary Use of a 13-Acre Portion of the Fremont Union High School District Land for a Bicentennial Indian Encampment from April 24, 1976 to May 7, 1976 (Ord. NS-3, Section 3.3a); Continued from October 22~ 1975) Note was made that the applicant had requested this matter be continued to the ..... next Planning Commission meeting..pend~ ..~ ~e~sion on whether the project would be abandoned or not. An'.article concerning this matter published in the November ~il,"1975 edition'0'f'the Los Gatos Times/~Observer was introduced into the record explaining that threats of project destruction had been made to the applicant.. The Commission discussed this matter,:and it was the:Commission's desire to lencpUrage the applicant within his judgment of safety ['0'indeed'boil'the Bicen-' tennial celebration at the proposed site. Staff was requested to, in coordination with the City Manager and the City Coqncil,'write a l~ter on behalf of the City encouraging the encampment project, and exp*essin~ a desire to assist in making the project viable. It was further requested by the Conunission that such letter be published. Mr. Russ Crowther, representative of the Arguello Homeowners Association, informed the Commission that the Association was fully supportive of the proposed encamp- ment, and he too indicated that a letter to the above-mentioned effect would be written by the Association. In order to allow the applicant suffidient time in which to make the decision on whether or not to withdraw the application, ChairmEn Marshall directed UP-288 be continued to the Planning Commission meeting of December 10, 1975, and referred same to the SubdiviSion Committee and.Staff for further review. C. UP-289 - Jerald L. Bittner, Apricot H{ll, Request for Use Permit to Allow a Tennis Court Fence in Excess!of 6 Feet in Height to Extend into a Re= quired Rear Yard (Ordinance NS-3, Section 3.7-1); Continued from October 22~ 1975 Staff explained that this matter had been continued pending additional review of grading necessary to complete the pr0~sed'~ennis court fence, and note was made that at one end of the court the 10-f6ot fence would be on top of 5 feet of fill. Staff pointed out that after careful review of the situation, it was their deter- mination that the impact of such fenc~ would not be considerable. After brief discussion, the Planning Commission i~dicated that the magnitude of th..e__g!a~ing was considerable, but would not be any more adverse than what was already existing on the site or on adjacent neighboring sites. -6- MINUTES OF NOVEMBER 12~ _ III. C. UP-289 - Jerald L. Bittner - Cont'd At this time, Chairman Marshall reopened the public hearing on UP-289 at 11:15 p.m. The applicant was not present, and there were no comments made. Commissioner Belanger moved, seconded by Commissioner Martin, that the public hearing on UP-289 be closed. The motion was carried unanimously, and the public hearing was closed at 11:16 p.m. z Commissioner Belanger moved, seconded by Commissioner Callon, that (whereas under normal circumstances the proposed grading magnitude would not be permitted, because of the characteristics of the' site, it was the consensus of the Commission that this grading was nor~amaging than that which already existed on the site, and in the adjacent area, and in fact~ the overall impact in the long run would be to improve the property because of'the landscaping)', the Planning Commission grant approval to UP-289 per Exhibits"'A-l," "B" and "C ".a~ subject to the revised Staff Report dated Novembe~ 4, 19Z5. lThe motion was carried unanimously. Commissioner Belanger further moved, seconded by Commissioner Callon, that the above-mentioned motion be,'appended to the Staff R~'~ dated November 4, 1975 to call attention to the unusual circumstances of the site. The motion was carried unanimously. D. GF-~'03 - William Dorsey, Request to Amend ~he General Plan Designation from Com- mercial to Multi-Family Residential on the Three (3) Parcels Comprising Approximately 2.0 acres, Located on the North Side of Big Basin Way, West of Sixth Street (APN 503-25-16 and 29); Continued from 10-8-75 Staff noted that the applicant had!SUbmitted ~!.letter requesting this application be withdrawn. Additionally, note was.made that a letter dated November 12, 1975 along with a petition containing approximately 76 signatures had been submitted urging retention of the present Commission zoning of the site. Staff was directed to make this part of the file on GF-303. 'CommiSsioner Martin 'moved, seconded by Commissioner Woodward, that the Planning Commission accept the request for withdrawal of application GF-303. The motion was carried unanimously. IV. DESIGN REVIEW Commissioner Woodward moved, seconded by ~Chair~an. Mar~ba!!,.tha~_.the.plann~'~-c~fa~ion grant final design review approval to thelfollowing applications per their respective Exhibits and Staff Reports: A. A-467 - M.C. Johnson/Osterlund Enterprises, Granitef.,j. Way and Chablis Court, Final Design Review Approval - 1 Lot (Lot #9, Tract #5011) B. A-467 -~..~"_KE~_as/osterlund EnterpriSes, Zinfandel Court and Granit~ Way, Final ............ b~f~' Review Approval - 1 Lot (Lot #13, Tract #5011) " ' C. A-467 - R. Kaufman/Osterlund Enterprises, Chablis Court, Final Design Review Approval - 1 Lot (Lot #8~ Tract ~5011) D. A-483 - James Skinner, Pierce Road, Final Design Review Approval - 1 Lot; Continued from October 22, 197.5 The motion was carried unanimously. E. A-510 - Allen De Grange, Cox Avenue, Final Design Review Approval - 24 Units Staff noted that this matter had been reviewed by the Design Review Committee, and that a Staff Report had been prepared recommending approval. Brief discus- sion ensued on Condition (2) of the St~ff Report relative to providing access from the projecteto the park, and note was made that the applicant was working with the Parks & Recreation Co~m~ission on this. Additional note was made that agreements had been made between the applicant and adjacent churches relative to the easement for access. Commissioner Woodward moved, seconded by Chairman Marshall, that the Planning Commission grant final design review approval to application A-510 per Exhibit A-1 and subject to the Staff Report dated November 6, 1975. The motion was carried unanimously. -71 MINUTES OF NOVEMBER 12~ j~ =i IV. F. SS-95 - Sarato'ga Village Merchants AsSociation, Big Basin Way, Final Design Review Approval - "Yuletide" Shopping Banners Staff noted that the Design Review Con~nittee had reviewed this application, and that a Staff Report had been prepared recommending approval. Discussion followed on the applicant's desire that approval be granted for one year to display banners at'selected periods during that year instead of the Staff Report's condition that this approval was a one-time approval ·only. Commissioner Belanger reco~f~fLended that Concluding Comments (1) be revised to read as follows: j""l)~is approval extends through th'e Christmas season of 1975, and to several additional occasions for· one (1) year to follow (ending December 31, 1976), subject to approval of individual occasions by the Design Review Committee of the Saratoga Planning Commission." Further, Commissioner Belanger recommended that the Staff Report be additionally revised to provide that colors of the banner be bright yellow and ~ither royal blue or Kelly green, whichever the Association desired. Commissioner Woodward moved, seconded by·~h~irm~._an Ma~ha!i, that the Planning Commission grant final design review app~6~al to application SS-95 per Exhibits "A", "B" and "C" and subject to the Staff Report dated November 5, 1975, as amended. The motion was carried unanimously. V. MISCELLANEOUS A. SDR-1210 - Jerry Jordan, Saratoga Hills Road, Reconsideration of'~o~i.~i~. o~ .... / Staff Report dated September 18~ 1975 See Item II-B. B. UP-256 -· Osterlund Enterprises, Fruitvale Avenue, Extension for Model Homes Sales Office Use Staff pointed out the applicant had submitted a timely letter requesting a one- year-extension of the use permit for a model homes sales office, and that a Staff Report had been prepared recommending.this request be approved. Note was made that the model homes sales office would only be used by the applicant for custom homes developments. Further note was.made that up to this point there had been no spe·cific traffic problems resulting from the use, and that all conditions of the original use permit had been complied with. Commissioner Belanger moved·, seconded'by Commissioner Woodward, that the Planning Commission grant a one-year extension to UP-256 per the Staff Report dated November 7, 1975.~ The motionwa~' carried unanimously. VI. WRITTEN COMMUNICATIONS A. ~Environmental Impact~' Determinations The following Negative Declarations were filed between the period of October 22, 1975 and November 12, 1975: (1) Sp,!~._%._S~ra.t0ga_Fpgthil_'.ls Development Corporation, Saratoga Avenue, Tentative Subdivision Approval - 13 Lots (2) A-510 - Allen De Grange~ Cox Avenue~ Final Design Review Approval - 24 Units (3) Public Project #24: City of Saratoga, Reid Lane and State Route #85, Installation of New Traffic Signal Control Equipment and Indicators and Access Modification B. Other (1) Inter-Sffice memorandum from Stephen Keller to' Superintendent 'Hardy of West ~alley College relative to the West Valley College Tennis Court Lights dated October 30, 1975. Note was made that test shields had in fact been installed, and that to date they were providing adequate shielding. -8- ~ ~INUTES OF NOVEMBER 12~ ~ IV. F. SS-95 - Saratoga Village Merchants Association, Big Basin Way, Final Design Review Approval - "Yuletide" Shopping Banners Staff noted that the Design Review Conmittee had reviewed this application, and that a Staff Report had been prepared recommending approval. Discussion followed on the applicant~s desire that approval be granted for one year to display banners at selected periods during that year instead of the Staff Reportis condition that this approval was a one-time approval only. Commissioner Belanger rec~mf~ended that Concluding CoLLmLents (1) be revised to read as follows: .7"'rl)~is approval extends through the Christmas season of 1975, and to several additional occasions for one (1) year to foll~¢ (ending December 31, 1976), subject to approval of individual occasions by the Design Review Committee of the Saratoga Planning Commission." Further, Commissioner Belanger recommended that the Staff Report be additionally revised to provide that colors of the banner be bright yell~ and '~ither royal blue or Kelly green, whichever the Association desired. Commissioner Woodward moved, seconded by ,~b~irm_~..an Mar~hali, that the Planning Commission grant final design revim~ appr6~al to application SS-95 per Exhibits "A", "B" and "C" and subject to the Staff Report dated November 5, 1975, as amended. The motion was carried unanimously. V. MISCELLANEOUS A. SDR-1210 - Jerry Jordan, Saratoga Hills Road, Reconsideration Staff Report dated September 18~ 1975 See Item II-B. B. UP-256 - Osterlund Enterprises, Fruitvale Avenue, Extension for Model Homes Sales Office Use Staff pointed out the applicant had submitted a timely letter requesting a one- year extension of the use permit for a model homes sales office, and that a Staff Report had been prepared recommending this request be approved. Note was made that the model homes sales office would only be used by the applicant for custom homes developments. Further note was made that up to this point there had been no specific traffic problems resulting from the use, and that all conditions of the original use permit had been complied with. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commissi~n grant a one-year extension to UP-256 per the Staff Report dated November 7, 1975.~ The motion was carried unanimously. VI. WRITTEN COM}RINICATIONS A. ~EnVironmental Impact' Determinations The following Negative Declarations were filed between the period of October 22, 1975 and November 12, 1975: (1) S~-~ _~_~r__atoga_~?0thi~!s Development Corporation, Saratoga Avenue, Tentative Subdivision Approval - 13 Lots (2) A-510 - Allen De Gran~e~ Cox Avenue~ Final Design Review Approval - 24 Units (3) Public Project ~24: City of Saratoga, Reid Lane and State Route #85, Installation of New Traffic Signal Control Equipment and Indicators and Access Modification B. Other (1) Inter-Sffice memorandum from Stephen Keller to Superintendent Hardy of West Valley College relative to the West Valley College Tennis Court Lights dated October 30, 1975. Note was made that test shields had in fact been installed, and that to date they were providing adequate shielding. -8- MINUTES OF NOVEMBER 12~ ~_75 IV. F. SS-95 - Saratoga Village Merchants Association, Big Basin Way, Final Design Review Approval - "Yuletide" Shopping Banners Staff noted that the Design Review Conmittee had reviewed this application, and that a Staff Report had been prepared recommending approval. Discussion followed on the applicant's desire that approval be granted for one year to display banners at selected periods during that year instead of the Staff Report's condition that this approval was a one-time approval only. Commissioner Belanger recommended that Concluding Comments (1) be revised to read as follows: ~-.""'l)~is approval extends through the Christmas season of 1975, and to several additional occasions for one (1) year to foll~¢ (ending December 31, 1976), subject to approval of individual occasions by the Design Review Conmittee of the Saratoga Planning Commission." Further, Commissioner Belanger recommended that the Staff Report be additionally revised to provide that colors of the banner be bright yell~ and ~ither royal blue or Kelly green, whichever the Association desired. Commissioner Woodward moved, seconded by~h~irman Ma~Shali, that the Planning Commission grant final design revi~ app~6~a~Fo application SS-95 per Exhibits "A", "B" and "C" and subject to the Staff Report dated November 5, 1975, as amended. The motion was carried unanimously. V. MISCELLANEOUS A. SDR-1210 - Jerry Jordan, Saratoga Hills Road, Reconsideration of ~ndi~i~n~. staff Report dated September 18~ 1975 See Item II-B. B. UP-256 - Osterlund Enterprises, Fruitvale Avenue, Extension for Model Homes Sales Office Use Staff pointed out the applicant had submitted a timely letter requesting a one- year extension of the use permit for a model homes sales office, and that a Staff Report had been prepared reconmending this request be approved. Note was made that the model homes sales office would only be used by the applicant for custom homes developments. Further note was made that up to this point there had been no specific traffic problems resulting from the use, and that all conditions of the original use permit had been complied with. Commissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission grant a one-year extension to UP-256 per the Staff Report dated November 7, 1975.~ The motion was' carried unanimously. VI. WRITTEN CO}~UNICATIONS A. .~fEn~ronmental Impact' Determinations The following Negative Declarations were filed between the period of October 22, 1975 and November 12, 1975: (1) S~-!~I! ~.S~ratoga_Fp0thi~!s Development Corporation, Saratoga Avenue, Tentative Subdivision Approval - 13 Lots (2) A-510 - Allen De Grange~ Cox Avenue~ Fihal Design Review Approval - 24 Units (3) Public Project #24: City of Saratoga, Reid Lane and State Route #85, Installation of New Traffic Signal Control Equipment and Indicators and Access Modification B. Other (1) Inter-~ffice memorandum from Stephen Keller to Superintendent Hardy of West Valley College relative to the West Valley College Tennis Court Lights dated October 30, 1975. Note was made that test shields had in fact been installed, and that to date they were providing adequate shielding. -8- MINUTES OF NOVE~UBER 12. VI. WRITTEN CO~IUNICATIONS - OTHER - Cont'd (2) Letter to the Governing Board of West Valley Joint Conmunity College District from City Manager relative to the Final EIR for Proposed Bleachers and Light- ing at West Valley College. Staff noted that the Governing Board had, at their last public hearing, certified the EIR and had.made the finding that the proposed project~w?~ld not have a significant effect'on the environment. (3) Ordinance No. 61, an Emergency Ordinance of the City of Saratoga Placing a Moratorium on Condominium and Other Community Housing Conversions from Rental Housing in Said City Pending Adoption of Permanent Community Housing Conversion Regulations. (4) Memorandum dated November 4, 1975 from Staff requesting the Commission review a request from~p~_m~n_p0oge~Se~ (~gent for Mr. Russell Stark of 18501 Allendale A~enue) for an encroachment permit to allow a 6-foot high wooden fence to extend 4 feet into the.public-right-of-~y along Allendale Avenue. Staff suggested the issue~h'i~ 'Sho~l~ b~"addr~SSed are: ~ossible future widening of the street involved, and the location of the proposed fence relative to the Street Plan Line; ~ ~ossible impact of fence encroachment on pedestrian/equestrian/bicycle traffic; and ® loss of open space adjacent to public right-of-ways. It was Staff's recommendation that this request be denied because: (1) any fence encroachment along Allendale Avenue would interfere with -'~eh~,12) ~fe pedestrian access along Allendale Avenue would be jeppa~- di~dd 'b~ 'a ~%n6e l~[{~e"6h%' ~'{~Ht-g~-~=i"'=l~ (3) proposed encroachment would reduce the width of the open corridor along Allendale Avenue prodmcing a "tunnelling" effect. After brief discussion, Connnissioner Belanger moved, seconded by Commissioner Woodward, that the Planning Commission deny the request for an encroachment permit for a redwood fence at 18501 Allendale Avenue, and additionally ~that ~t'h~'f~b~e'~d re~d"~'~lac~"in a conforming location. The motion was carried unanimously. -. (5) Letter dated November 10, 1975 from Warren A. Sturla, 12948 Village Drive, requesting the rezoning of Zone 20 (Cox Avenue) from "A" to "PA." This matter was referred to the General Plan Review, the public hearing of which will be scheduled at a future date. (6) Letter dated October 21, 1975 from Dan Gilbert, 245 Manley Court, San Jose, r~questing l~h_~._~omm~p~o=~.._~iy~_9onsideration to his proposals relative to providing water to his property on Bohlman Road. This letter was referred to the Subdivision Committee and Staff for review and report. VII. ORAL CO~K~ICATIONS A~ .Mrs. Runyah, representative of the/American Association of ehe Universi~" ~"~om~n, asked for an explanation of the newly City Council-adopted subscription rate for City meeting agendas. Note was made that there would be a yearly rate of $10 for Commission agendas, and'$5/p~r meeting ~or individual packetS'i" Add{tional note was made, however, that "public packets" would 'be made available at each of the meetings. Commissioner Martin suggested that the AAB~ request the Saratoga News publish City Council and Planning Commission meeting agendas. B. Discussion was had on whether or not the Commission should schedule a Committee- 'of-the-Whole meeting for further review of the proposed Hillside Conservation District'Ordinance draft. The consensus of the Commission was to schedule such a meeting on Thursday,,'November 20,.'i1975 at 7:30 p.m. in the City Council Chambers in order to review the City Attorney's latest revised draft in comparison with the original draft of the Ordinance of July 1975. -9- - ~ ~ ~NUTES 0~~ VII. ORAL CO}~/NICATIONS - Cont'd C. City Council Report CommissiOner Callon gave a brief account of the City Council meeting of November 5, 1975. A copy of the minutes of this meeting is on file at the City Administration office. D. Commissioner Belanger asked if the City was considering litigation on the West Valley College decision relative to the EIR for the bleachers and lightS. The Secretary explained that at this point, the issue was not closed. He pointed out that there would be public hearings on the project to which the City would be responding~ further, he suggested that the time of project approval would be the most appropriate time for any ~'~ib~?~legal action by the City. VIII. ADJOU~\~NT Commissioner Woodward moved, seconded by Commissioner Belanger', that the Planning Commission meeting of November 12, 1975 be adjourned. The motion was carried unanimously, and the meeting was adjourned at 12:45 a.m. Respect fully submitted, skw/ -10-