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.
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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."
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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.
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COmmISSION MINUTES OF NOVEMBER 22, 1976
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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/
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