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HomeMy WebLinkAbout11-22-1976 Planning Commission Minutes OF SARATOGA PL~uNNING MIN]JTES DATE: Monday, November 22, 1976 - 7:S0 p.m. PLACE: City Council Chambers, 1S777 Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Callon, Laden, Marshall, Martin and Zambetti Absent: Commissioners Belanger and Lustig B. MINUTES Commissioner Marshall moved, seconded 'by Commissioner Callon, that the 'tn'=~=PI~ann~ngLommiYslon meeting minutes of'No"~-b~'~'l'07'ID7B'bYwaived, and that~ /they be approved as distributed to the Commission. The motion was carried unanimously. II. CONSENT CALENDAR A. Composition of Consent Calendar Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission approve the composition of the consent calendar of November 22, 1976. The motion was carried unanimously. B. Items of Consent Calendar Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission grant approval of applications SDR-1209, A-544, A-545 and A-546 per their respective exhibits and Staff Reports as follows: 1. Final Building Sites a) SDR-1209 - Laszlo Szalay, Woodbank Way, Final Building Site Approval 1 Lot 2. Design Review a) A-544 - LeDcan Garrison, Comer Drive, Final Design Review Approval - Lot #3 of Tract #5693; Exhibit "A" and Staff Report dated November 16, 1976 b) A-S4S - Saratoga Foothills Development Corporation, Douglass Lane, Final Design Review Approval - 4 Single-Family Residences (SDR-1234); Exhibits "A" through "D" and Staff Report'dated November 16, 1976 c) A-546 - Montalvo Service Group at Montalvo Villa, Saratoga-Los Gatos Road, Final Design Review Approval - Annual Temporary Sign; Exhibit ~A'~ and Staff Report dated November'12, 1976 The motion was carried unanimously. III. TENTATIVE SUBDIVISIONS A. SD-1235 - George Day Construction Company, Mr. Eden Road, Tentative Subdivision Approval - 5 Lots; Continued from September 22, 1976" Note was made that a letter requesting an extension of this application for 90 days had been received from the applicant. Staff explained that the applicant was in the process of completing a geotechnical report on this site, and Staff recom- mended that this matter be continued per request. -1- CO~B~ISSION MIN~JTES OF NOVEMBER 22, 1976 III. A. SD-1235 - George Day Constr~tiop Company - Cont'd Vice-Chairman Martin directed that application SD-1235 be continued to the Planning Commission meeting of February 23, 1977, and referred this matter to the Subdivi- sion Committee and Staff for further review and report. B. SD-1270 - Saratoga Foothills Development Corporation, Saratoga Avenue, Tentative Subdivision Approval - 24 Units, Condominium Conversion; Continued from November 10,'1976 "' Note was made that the applicant had just completed submittal of all required data necessary for review of this application, and that Staff had not had sufficient time in which to review said submittals. It was recommended that this matter be continued to the next Commission meeting pending further review. Vice-Chairman Martin directed that application SD-1270 be continued to the Planning Commission meeting of December 8, 1976, and referred this matter to the Subdivision Committee and Staff for further review and report. IV. PUBLIC HEARINGS A. UP-319 - Beverly Kohler, 12378 Saratog~-Sunnyvale Road.-(Azule Shopping Center), Request for Use Permit to Allow an Outdoor, One-Day, Six Times-a-Year Public Event under the Auspices of a Non-Profit OrganizatiOn in a Com- munity Commercial District, Said Event Being an Antique Show; Continued from November'10; 1976 ........ Commissioner Marshall stated that thisZ had been discussed by the Subdivision Com- mittee, the applicant and Sandi Cuenca of the Chamber of Commerce at the Committee meeting of November 16, 1976. As a result, he stated that the recommendation was to request the Chamber of Commerce to~de~e_rm_in~ from city merchants their feelings with respect to promotional activities of this nature, specifically with regards to events being organized and located so as best to serve the needs of the entire community. Commissioner Marshall explained ~hat in the interim, a Staff Report had been prepared recommending approval for one experimental antique show to be held on January 9, 1977, one condition. thereof being that a Staff member be present t%ascertaln.;any problems which might occur. Note was made that a peti- tion dated N0vemb~r"lS, 1976 under the. letterhead of Galeb Properties and signed by 14 Azule Crossing Merchants had been received supporting this use permit. Vice-Chairman Martin reopened the public hearing on UP-319 at 7:44 p.m. Robert Laws stated that he had been a resident of Saratoga for 18~ years and spoke as a family member of several of the Azule Shopping Center merchants. He noted that the City had long established the idea;that Saratoga would be a small business community, adding that he felt none of the Saratoga businesses/relied entirely on in-town business. He emphasized the attributes of advertising to create exposure, and compared the advertising advantages of large-scale busines- ses over small businesses. Mr. Laws stated that these merchants needed assis- tance from the City in helping to create this exposure, and he urged approval of the use permit for 6 antique shows. He contended that such activities would create good exposure not only for the Azule merchants, but for the community as a whole. Kristin Kredeska, mmer of an interior design studio in the Azule Shopping Center:: and resident of Saratoga, read into the record a statement on behalf of all Azule merchants. Essentially the statement noted the-:decline in City merchants' busi- ness, and pointed out many of the City-'s efforts in assisting these merchants. The statement explained that the Azule-merchants felt this activity would be helpful in identifying the Azule shops to the residents of Saratoga and to those people who normally pass by from other areas, and it strongly expressed the feel- ing that this activity would enhance their business future. The merchants stated that they felt it was very important to maintain the small business atmosphere of the City, and stated that they felt their goals were in the best interest of the City. The statement concluded by requesting the Commission to favorably consider this proposal "to enhance the Saratoga shopping experience." -2- CO~{ISSION MIN]JTES OF NOVEMBER 22, 1976 IV. A. UP-319 - Beverly Kohler - Cont'd Sandi Cuenca, manager of the Chamber of Commerce, stated that she had not as yet had the opportunity to meet with the Commerce's Retail Committe'~ to discuss pro- motional activities with City merchants. She recommended, however, that~his- venture_p~ ~jye~ _th~_pppprtunit~.__~o p~_ .itself ~o~h~ 9fi its merit." At this time, Commissioner Marshall moved, seconded by Commissioner Zambetti, that the public hearing on UP-318 be closed. The motion was carried unanimously, and the public hearing was closed at 7:54 p.m. Commissioner Marshall moved, seconded 'by Commissioner Callon, that the Planning Commission approve application UP-319 per Exhibit "A" and the Staff Report dated November 19, 1976, amended bE,~h~g the date Of the experimental antique show to January 9, 1977. Brief discussion followed on this motion. Commissioner Callon .f~d'ihis type of promotional activity, but noted concerns as to whether they should all be held at the Azule Shopping Center. She indicated support of the Staff Report's recom~. mendation that one antique show be held, and that further study be given to addi- tional shows. She stated that there might be other locations for these shows, and pointed out that there might be other organizations who wished to hold simi- lar activities at the Azule Shopping Center. Commissioner Laden expressed con- cern that these activities would not necessarily benefit the citizens of the City nor insure that participants would be Saratoga antique dealers. Additionally, she expressed concern that there were no credentials for this particular non- profit organization. She stated that she felt there were many City-based orga- nizations which might appreciate ~he' opportunity to hold this type of activity, and she expressed the opinion that this_____type of event should more fully benefit the citizens and the organizations of/.Saratoga. The motion was carried; Commissioners Laden and Zambetti voted no. B. UP-2S9 - Boething Treeland N~rsery Company, 7920 Rainbow Drive, Request to Amend Use Permit (UP-239) to Allow for the Extension of Existing ~olesale Nursery Operation into the Proposed West Valley Freeway Right-of-Way Lands North of Cox Avenue; Continued from November 10, 1976 Staff requested this matter be cohtinued pending receipt of correspondence from the State Department of Transportation and the Santa Clara Valley Water District. It was noted that the Subdivision Committee made an on-site inspection of the property at its November 16th meeting, and that additional time was needed to review the Committee's findings. Vice-Chairman Martin reopened the public hearing on UP-239 at 8:00 p.m. Ms. Joan Bohl, Yuba Court, strongly urged the approval of this use permit. She stated that there were existing problems with motor cyclists using this site, as well as problems.with garbage and weedamon the site. She contended that the expansion of this nursery would eliminate these existing problems, and she requested the Commission favorably consider this request. As there was no additional testimony, Vice-Chairman Martin closed-the public hear- ing on UP-239 at 8:03 p.m., continued same to the Planning Commission meeting of December 8, 1976, and referred this matter to the Subdivision Committee and Staff for further review and report. V. DESIGN REVIEW A. A-537 - Security Pacific National Bank, Big Basin Way, Final Design Review Approval 1 Lot Commercial; Continued from November 10, 1976 Note was made that the applicant's representative had requested this matter be continued to the Commission meeting of January 12, 1977 to allow additional time for submittal of revised plans. Vice-Chairman Martin directed that application A-537 be continued to the Planning Commission meeting of January 12, 1977, and referred this matter to the Design Review Committee and Staff for further review. -3- COmmISSION MINUTES OF NOVEMBER 22, 1976 _ VI. MISCELLANEOUS A. UP-SiS - Lillian Rodoni, 1.44038 Saratoga-Sunnyvale Road, Resolution on Request for Use Permit to Allow for the Continuation of a-Non-Conforming Commercial Use in'a Residential'District ............. Note was made that at the last Commission meeting, approval was granted to this application in concept, and the direction was given that a resolution be prepared for Commission consideration. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission adopt Resolution UP-31S-1 per Exhibits "A" and "B" attached thereto. The motion was carried unanimously. B. UP-296 - Lyngso Garden Materials, Inc. (John Lyngso), 12403 S. Saratoga-Sunnyvale Road, Request for Reconsideration of Use Permit #UP=296' It was explained that Condition #8 of UP-296 required an agreement between the applicant and the City regarding the amortization of this non-conforming use within S years. It was pointed out that this agreement, although signed, included a cover letter dated September 17, 1976 with conditional specifications on how the applicant would accept its provisions. It was explained that as a result, the City Attorney wrote a letter dated September 22, 1976 to the applicant~s attorney noting that the agreement was not acceptable and that the matter would have to be reviewed by the Commission. The Secretary state'dt~i~ it was d~ermined that conditions of the use permit were not met, the use permit would be automatically suspended per Section 16.11 of the Zoning Ordinance. It was added that under Section 16.11, the Planning Commission would be directed to hold a public hearing within 60 days of the suspension to rehear the matter. Discussion followed on this matter. The consensus of the Commission was to continue this item to the Planning Commission meeting of December 8, 1976. Staff was directed to provide copies of the above-mentioned agreement, along with any other:'correspondence between the City Attorney and the applicant's attorney per- tinent tO this matter, to the Commissioners. Richard Gardella, attorney representing Mr. and Mrs. John Lyngso and Lyngso Garden Materials, Inc., advised the Commission to have copies of all necessary documents on this matter. He stated that he did not fully understand why this matter had come before the City Council or the Planning Commission, noting that the referenced agreement had been signed. He added, however, that they had objected to the .-termjinology of the agreement as prepared. He agreed that this~should be con- tinued pending further explanation by the City Attorney. VII. WRITTEN CO~BIUNICATIONS A. Environmental Impact Determinations --There were no Negative Declarations filed durink the period of November Sth to date. B. Other 1. Letter dated November 22, 1976 from John F. Vinson, 12336 Wardell Court, requesting an extension on tentative map application SDR-1181. Staff noted that the tentative map would expire November 28, 1976, and that this-was a ~ timely request. Further, Staff recommended that the request for extensi~H be granted. Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission grant a one year extension to application SDR-1181. The motion was carried unanimously. 2. Letter dated November 18, 1976 from Stephen Richard, 20.480 Blaue~ DriVe, requesting that the Commission consider adding real estate broker firms as a permitted use in the P-A zoning district. :After discussion on the ~f[a'Ffbility of this request, it was the consensus'of the plaHning Commission" -to agendize this matter for the January 12, 1977 Commissionmeeting, and to ~fer s~me"~H~ 'SUSafvislon Comm'it~ee a~d 'Sta~ '~0r {6rther'review and_report. . COB%{ISSION MINUTES OF NOVFaMBER 22, 1976 VII. I~ITTEN COmmUNICATIONS - Cont'd 3. Memorandum dated November 15, 1976 from Planning Director to the City Manager regarding State Housing Element Guidelines. Discussion followed regarding the State's position mandating local housing element contents. It was noted that the City's Planning Department shared its concerns with many other cities which have appeared protesting the regulations at public hearings held by the State Department of Housing and Community Development. A suggestion was made that an explanation of these ~uidelines be published in the San Jose Mercury for public edification. The Secretary explained that these were proposed guidelines, and that further public hearings would be held on this matter. He added that the Commission would be advised of the proceedings. 4. Proposed policy for Board and Commission Attendance-'j"Conferences, Workshops, Seminars and Memberships. The Secretary pointed out {hat this policy had been adopted by the City Council at its last meeting. 5. Letter dated November 1S, 1976 from Eric Beaudikofer, attorney representing Mr. and Mrs. Valentine, 12980 Paramount Drive, to the City Code Enforcement Officer, complaining of the noise created by the installation of lights over the pickle ball court installed by Thomas O'Gorman, 12960 Paramount Drive. VIII. ORAL CO~D~NICATIONS 1. City Council Report - The Secretary gave an oral report of the City Council meeting held on November 17, 1976. A copy of the minutes of this meeting is on file at the City Administration Department. 2. Staff explained that the applicant oD SDR-121S was not able to meet the deadline for this Planning Commission agenda, and noted that final site approval was being sought now under Oral Communications. It was pointed out that all conditions of tentative site approval had been met, and that all necessary fees and bonds had been paid. Staff recommended that final site approval be granted to this matter. Commissioner Marshall moved, seconded by Commissioner Zambetti, that final building site approval be granted to application SDR-1215, Jonathan A. Roeloffs, Woodbank Way, 1 Lot. The motion was carried unanimously. 3. Planning Policy Committee Report - Commissioner Callon gave a detailed oral report of the PPC meeting of November 18, 1976, A copy of the action minutes of this meeting is on file at the City Planning Department. 4.Vice-Chairman Martin expressed appreciation to the Good Government Group and Ms. Loe for serving coffee. IX. ADJOURnmENT Commissioner Marshall moved, seconded by Commissioner Zambetti, that the Planning Commission meeting of November 22, 1976 be adjourned. The motion was carried unanimously, and the meeting was adjourned at 9:30 p.m. Marty Van Duyn, Se~ary sko/ -S-