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HomeMy WebLinkAbout01-13-1958 Planning Commission Minutes CITY OF SARATOGA PLANNING COMMISSION TIME: January 13, 1958, 7:30 P.M. PLACE: Firemen's Hall, Oak Street, Saratoga, Calif. TYPE: Regular Meeting I ROUTINE ORGANIZATION A. ROLL CALL Present: Anderson, Crisp, Higgins, Pasetta, Bennett, Webster Absent: None B. MINUTES Commissioner Higgins move~ that the reading' of the minutes be dispensed and that ~hey be accepted as distributed. Carried unanimously. II NEW BUSINESS .- A. WRITTEN COMMUNICATIONS 1. Mackay and Somps re Western States Land - SD 40 The secretary read a letter dated December 16, 1957 addressed to the Planning Commission, City of Saratoga. It was noted that' the letter was not received in the city offices u~til December 27, 1957. Mr. Mackay of Mackay and Somps explained in brief the history of the property and when questioned stated that Western States Land-SD 40 several years ago Mr. Cox and Mr. Orlando who own lands adjacent to the creek and adjacent to the property'in question would not give easements for storm drains. They found it difficult to get the individual owners of properties surrounding this area into agreement as to any general plan insomuch as each individual owner!:s timing as to subdividing was different. Mr. Mackay commented that the Nolte study takes into consideration the property east of Saratoga Road and therefore imposes a hardship on that property near the creek insomuch as the latter property would entail a much larger cost for drainage as compared to draining individually into the;. -1- creek. Mr. ~ckay stated that his client would be put to the expense of $1,700.00 an acre for the drainage cost if they followed the present recommendations of the Planning Commission. They stated further that they were attempting to develop the land as promptly as possible but in answer to a question from Chairman Crisp as to the date that San Jose hopes to have drains in the vicinity of Prospect Road, Mr. Mackay replied that this' question was not :.~'.7~ pertinent. The secretary asked Mr. Mackay as to the cost of draining through Orlando's property and Mr. Mackay replied that the total cost would be $26,000.00 whereas the cost of draining along Prospect Road as suggested in the Nolte report would be $70,000.00. In answer to a direct question from the secretary as to whether the latter figure, that is $70,000.00, covered the cost of oversize drains to take care of the properties of Orlando, Cox an~ Kosich in the event of future s~dividing and future draining into Saratoga Creek through their lines, he stated that ~he figure $70,000.00 included this. In answer to a question by Commissioner Bennett, the secretary indicated that a further report was expected from Nolte but had not been received as yet. Commissioner Bennett stated that the matter should be held under advisement until the Nolte report is received. Chairman Crisp stated that he had drawn up a suggested letter to the City Council 6n the subject of fees ~to be paid by subdividers and others and passed a copy of the letter to each Commissioner asking that they study it for discussion at a later date and stated that the figures were not fixed amounts, but merely suggestions and ask that no action be taken on the matter at this time. -2- B. ZONING PETITIONS REFERRED BY..COUNCIL 1. Privately operated recreation areas. The secretary read the letter of the Planning Commission addressed to~the City.'Council and dated Private December 23, 1957 ~nd then qu6ted from the minutes recreation areas of the City Council meeting of January 2, 1958, in which a motion that the Planning Commission be given a general approval: to proceed as they suggested was carried unanimously. Efter a short discussion Chairman Crisp made the following motion: 1. The secretary set a date for hearings to consider a zoning ordinance change to take care of private recreational areas. 2. That the entire matter be referred to the subdivision committee of the Saratoga Planning Commission for study. 3. That the subdivision committee have consultation with Day and Van Der Bos as to an agreement regarding .non-profit recreatiohal organizations. Carried unanimously. III PUBLIC HEARING A. SUBDIVISION ORDINANCE 1. PCi4 Subdivision Ordinance Acting Chairman Bennett stated that in view of the PC-4 Subdivision length of time that would probably be involved Ordinance in discussing this ordinance he is going to put it at the end of the agenda and take the Other items first. -3- B. VARIANCES 1. V-53 - Charles H. Morganrath The secretary read the variance request which was "lessening rear yard set back from 20 feet to 18 feet due to location of Live Oak Tree of 5 feet base diameter V - 53 on lot necessitating placement of house back of said tree." C.H. Morganrath No one protested the variance from the floor and after a brief discussion Commissioner Webster moved for approval of the variance. Carried unanimously. C. USE PERMITS 1. V 55 - Jacob C.~ Smith The secretary read the details of the request for a use permit which involved the property being used for a meeting place for various Community Groups: 1. Sea Scouts-Tuesday Evening 2'. Foothill Boys Club-Tuesday Evening 3. Dog Training-Wednesday Evening 4. Saratoga Dog Club-Thursday Evening 5. Storage. Space for Saratoga Nativity Scene. " The secretary then read a letter which involved V-55 J. C. Smith the original complaint dated November 12, 1957 from the Saratoga Orchards Association. The secretary read'a letter dated January 12, 1958 from Mr. and Mrs. 'Stewart Mingo, neighbors of Mr. Smith, in which they stated that they were in favor of Mr. Smith~s request. Doctor Simor~' of Saratoga stated that he had been connected with the Sea Scouts for some time and felt that Mr. Smith was doing a service to the community by allowing the Sea Scouts to meet at the place in question. Mr. Mercer who owns the property immediately sSuth of the property in question stated that the lot is a portion of the Saratoga Orchards subdivision and that the deed restrictions prohibit storage of any kind and/or commerical activities. He stated that he felt that a precedent would be set by allowing a commercial use in this area. Mr. Amile Johnson of Reid Lane stated that he knew Mr. 'Smith quite ~ell, worked with him and felt that the use put to the barn in question was a benefit to the cofL~hunity and should be 'allowed. Mr. Fred Hmigh of 12780 Saratoga Creek Drive stated ~hat the Barn had been i~ existence a long time before the present zoning and indicated he felt that the use should be allowed to continue. Mr. Moyles of 20560 Reid Lane asked whether or not the use permit could be limited, to which Commissioner Webster replied affirmatively. Mr. Schwander of Eivira Street objected to the dog training classes but had'no objection to the Sea Scouts, Boy Scouts, etc. George Elie of 14090 Elvira Street stated that he' was opposed to the dog training specifically and to the use in its entirety. Commissioner Webster discussed this matter with the immediate neighbors mentioned above and it appeared to be indicated that they would not be happy with any of the current use. Mr. Smith stated that he had an offer for an art trai~ing class which is currently meeting in Montalvo and questioned as to whether he could substitute the art training class for the dog training classes. Commissioner Webster moved that the use permit be granted for a period. of a year for uses specifically. 1. Sea Sc~u~s.2.'Foothill Boys Club 3. Storage Space for'Nat{vity Scene 4. Any Art Class conducted during the day not to exceed 15 people. A further condition of the use permit would be that it would come Up at t~e end.of 6ne year without fee Mr. Smith and that said use permit would terminate -5- upon 1. Sale of the property or 2. Uses of property beyond t~e permit.. Chairman Crisp pointed out that he felt that the condition referring to the art class was not legal since it was Dot mentioned in the notice to the neighbors. A vote was taken on Mr. Webste~'~s ~otion with the follow- ing results: 1. In favor - Webster, Pasetta 2. Against --Crisp, Higgins & Anderson Motion defeated. Commissioner Web~eer then proposed a motion that the use permit be granted for a period of a year with uses specifically 1. Sea Scouts 2. Foothill Boys Club 3. Storage Space for Nativity Scene. Further provision that the use.permit be reviewed at at the end of the year Without fee to Mr. Smith and that said use permit. be terminated if 1. the property is sold 2. The uses of property extend beyond the permit. Carried unanimously. IV COMMITTEE REPORTS A. ARCHITECTURAL AND SITE CONTROL 1. V-5~ - Paul'Ai JackSon The secretary stated that the application was for architectural and site control permit for a bar and V - 54 P. A. Jackson restaurant located in the place of the current Cottage Inn located on Big Basin Way. After some discussion among the architectural and site control committee, Chairman Crisp moved that preliminary approval subject to submission of the final plans be given. Carried unanimously. III PUBLIC HEARINGS (CONTINUED) SUBDIVISION ORDINANCE (CONTINUED) 1. ~Ci4 SubdivisiQn ordinance.' (Continued) PC-4 C~mmissioner Anderson suggested that the reading of Subdivision Ordinance the proposed ordinance be waived insomuch as it was not -6- in final form ~nd had been read at a previous meeting. -. Commissioner Bednett~'indicated that the second reading would be dispensed with at this time. Mr. Weavil of the Pacific Gas & Electric Company introduced a lette~ from Division Manager Brundige dated January 13, 1958 and containing a number of suggested changes. He discussed these changes at length with the Commission. Mr. George Kocher of Big Basin Way, Saratoga, stated that the ~he P. G. & E..has had consi'derable experience by the trial and error method in standardizing subdivision procedure in the valley and recommended that their suggested changes be f~llowed. Chairman Crisp stated that he would li~e'to see Section 31 added to the ~rdinance, said section relating to recreational areas in Saratoga and ~hat he had made up such an addition to'refer to the subdivision committee for study and report. Chairman Crisp stated that Section 19 of the proposed ordinance was repeating an ~arlier section in the "Minimum lot size ordinance" -~' which currently is'in the hands of the Council for study and hearing. Chairman Bennett moved that the hearing be continued until the next meeting. Carried unanimously. Chairman Bennett moved for adjournment at 9:30 P.M. Carried unanimously. 20 Present - 1 Press' -7-