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HomeMy WebLinkAbout04-13-1959 Planning Commission Minutes CITY OF SARATOC-A PLANNING CO~glSSION TIME: April 13, 1959, 7:03 P.M. PLACE: Fruitvale School, Fruitvale A~enue, Saratoga, Calif. TYPE: Regular Meetjn9 . I ROUTINE ORGANIZATION A.' ROLL C~iL Present: Anderson, Bennett, Crisp, Higgins, Tiffany, Webster Absent: Pasetta B. MI!~UTES Commissioner Anderson moved approval of the minutes as distributed. Commissioner Bennett seconded. Carried unanimously. II PUBLIC ~ARiNOS" A. VtRIANCE$ V-139 1. V-139 - L. N. Meleyco L.N.Meleyco The Secretary read the request for a variance from Ord. to cover more than 10~ of the required rear yard'with a garage on Lot 134-of Tract #1271- Mr. LaVee, 1289~ Woodmont Drive and Mr. Willeft, 20061 Winter Lane both spoke in favor o2 a garage rather than a car ~ort. Dr. Meleyco spoke .in favSr of the v~riance. ihe Secretary read a letter signed by Donald Paps stating his preference for a garage ~ather than a car por~ on Dr. Meleyco~s property. After a discussion as' to'the possibility of moving the garage forward and the P.U.E. easement along the rear of the lot Chairman Webster closed the public hearing at 7:30 P.M. Chairman ~ebster directed the Secretary to contact {he Plan- ning Consjltant for an i~terpretation of Section 2.4. of'Ordi- nance 3A-8 and report at the next regular'meetin9. B. USE PERMITS 1. V-135 - San jose Water Works, Big Basin Way .v-135 S.j.Water The Secretary read the apglication for a filter plant and Works,Big Basin Way buildin9 on the San Jose Water Wor~s property on Bi9 Basin Way. Mr. Andtaws, San 3ose W~ter.~orks, stated that the filter plant would allow his ~ompany to take water ~ut of the creek all year long. Sommissioner Higgins moved that the Use Permit be 9ranted subject to Architectural and Site Control. Commissioner Crisp seconded. Carried unanimously. 2. V-136 - San 3ose Water Works, Cox Avenue V-136 S.J.Water The Secretary read the ~pplication for four wells at the Cox Works,Cox Ave. Avenue property- Mr. Andtaws, S~n Jose ~ater WOrkS, stated.that tests had not yet been made so he could no{ say definitely how deep the wells woula be. Mr. 3.-A- Breeding,' Cox Avenue, stated that the wells would lower the water table and make it more difficult for farmers in the area to get wate~ from their wells. Chairman Webster continhed the Public Hearing until the next regular meeting and appointed the following committee to study the problem and report back at the next meeting - Com- missiqner Bennett, Chairman, Commissioner Cri~p, Director of Public Works, ex officio. Chairman Webster suggested to Mr. kndrews that any information he could give about protecting the adjoining farmers would be appreciated. 3. V-137 - San Jose Waterworks, S'aratoga A~enue - 8:02 P.M. V-137 5.3.W~ter The Secretary read the application for ~our wells at the Works, Sara[oga Ave. Saratoga Avenue property. Mr. Andtaws, San Jose Water Works, stated that there were no wells on the ~roperty now. Kur't Opper, representing Paul Masson Vineyards, spoke in favor of the wells but stated he would like to see the plans. Mr. J- A- Breeding, Cox.Avenue, stated that wells on this side of Saratoga Creel{ were not as deep as those on the west side of the creek. Mr. Andtaws stated that the water works would put in a sub- mersible pump if necessary. Chairman Webster ordered'the Public Hearing continued until the next ~egular meeting and re~erred the.matter to the same committee which was appointed to study the previous applica- tion~ for four wells on the Cox Avenue site, a report to be ready at the next meeting. 4. V-140.- Methodist Church .- 8:05 P.M. V-140 Methodist The Secretary read the application fo~ a Use Permit for Church Church and Sunday School services in the present dwelling on a 3 acre parcel on Prospect Avenue approximately ~90w west of Scully Ave. Ray. Combs; representing the Methodist Church, stated that they intended to tear down the garage and barn but no exterior changes in the dwelling.were contemplated at this time. Benny Cirone, 9~ Auzerais Avenue, San Jose, stated that he owned the adjoining orchard. He showed the Commission a letter from the Church agreeing to fence their common boundary line. Co~nissioner Crisp mo~ed that the'Use Permit be granted subject to Building Sit~ Approval'and Architectural and Site Control- Commissioner Tiffany seconded. Carried unanimously. 5. V-i~I - Trojan Constraction Col - 8:27 P.M. V-141 The Secretary need the application for ~ Use Permit to con- Trpjan'Const. Co. form to Ord. 3A~?A and 3PA-I, Sect. ~.1, 1~.2 ~nd h--3 for excavation o~ natural materials at Tract #1389. Mr. James Hill, Assistant to the President of Trojan Const. Co., stated that the excavating h~d already been done without . knowledge of the Ordinance. Mr. Splitstone, engineer from George Nolte~s office, stated that the property had already beeh improved when bought by the developer. The gradin0 plan was made to conform to FHA -3- requirements, drainage from the house area going to the street. T~mothy O'Connor, attorney and secretary of Trojan Construction Co., also spoke in their behalf. Mr. J. A. Bonacina, 15215 Sobey Rd-, attorney for P. Metrick, a property owner ad3acent to Tract #1389, presented diagrams and photographs of the grading done by the Tr'ojan Construction Co., and stated that a retaining wall was needed. Mr- Timothy O:Connor requested that the application for the Use Permi{ be withdra~.~. Chairman Webster stated that he would not rule on the requested withdrawal. The followin9 people spoke of the gradtn9 done and the re- sultant drainage and fencing problems to the adjoinin9 pro- perty ol4ne~s: Peck Metrick, Metrick Drive; Mr~ Ciraulo, Franklin Ave.; William Halev, 2026~ F~anklin Ave.; Louise Ovaracket, ~0324 Franklin Ave.; F. McKinney, 20~10 Franklin Ave.; R. Rough, 20304 Franklin Ave.; Ben Margoson, 13659'Sara- toga Vista; Leo Artana, 26244 Franklin Ave.;'G. M. Hall, 20275 Franklin Ave.; C. D. Cole, 13703 Saratoga Vista. The Secretary ~ead a letter in the file from Ruth N. Teal, 20251 Metrick Drive regardin9 the excavation and resultant deva!uation of'property. Mr. OtConnor again repeated his wish to withdraw the appli- cation for the Use Permit.' Chairman Webster re~erved a r'ndlin9 on the motion to withdraw and suggested [hat the complainin~ parties and the applicant get together and try to settle their differences. Mr. O'Connor stated t~at if a record could be made of the complaints Tro.ian ConstruCtion Co. would t~en answer them and be willin9 to go along with any reasonable suggestions to get the matter straightened out. Mr. Bonacina asked that all work cease while the problems are being worked out. .Mr. OtConnor stated that this could not be done because of loan committments. Commissioner Bennett moved that the Planning Commission recommend that the City Council seek a cease and desist order against the Trojan Construction Co. until the centroversy is settled. Comlnissioner Crisp seconded. Carried unanimously. The Assistant City Attorney stated that the.City Council might not be able to do this but that criminal action is possible. Mr. Bonaqina offered assistance t6 the Assistant City Attorney in researching injunctive action by the City. Chairman Webster declared the Public Hearing continued until the next regular meeting. III OLD BUS!N~SS A, AQCE~S ROADS Chairman Anderson of the Acdess Roads Committee read the Director Access Roads of Public Works~ report on the proposed resolution, Chairman Webster referred the re~ort to the committee for further study and'possible incorporatioh i~ the proposed resolution. B. SUBDIVISION ORDIN.~]CE Subdiv. Ord. The'Secretary ateted that recommendations from the Planning Con- sultsnt and the Director of 'Publie Works had been received and distributed to ail tile Plan~in9 Commissioners. Chairman Webster directed that all suggestions on the ordinance be directed to the Secretary who would pass them on to the Sub- division Committee and stated fdrther"that the ordinance would be on the agerids at the next re9ular meetin9. C. PLA!'!NED CON'~RCI~i Planned Commer- The Secretary stated that a letter had been received from M. R- cial Mil.}avich, a property owner on Highway #9 regardin9 tKe pr. oposed -p- zoning of the area. The City Administrator stated that the Plannin,g Consultant would very shortly begin work on the zoning regulations and master plan for the City and that this area would be the first one studied. " Chairman Webster directed that the matter be placed on the uganda for the n~xt regular meeting, D. 5DR-110 - D. 'C. McFarlahd SDR-1 !0 D.C.Mc- Tt~e Secretary read a. letter from D- C. McFarland dated March 27, Farland 19~9 asking for 'relief of a part of Condftion #3 ro~arding the improvement of Madtone Hill Rd. Fir. McFarland and Mr. Otto Paterson, prospective purchaser of a building si6e, spoke in rav6r or a 16w road ra~her than an 18~ road. Commissioner Higgins moved to change condition' ~3 originally set by the Plan~in~ Commission at their meeting on March 23, 19~9 to read, "M~drone Hill Road'from southerly end of ~.~_~w right-of- way.to each building site b& improved to minimum standard 18~ width ..'~ Commissioner Crisp seconded. The following roll call vote was recorded: Ayes: Crisps Hlggins, Tiffany, 1Vebster. Noes: Anderson, Bennett E. S%,lI[~.qlNe POOL ORDINN, ICE Commissioner Crisp of the Subdivision Qommittee reported that Swi mm i ng Pool study was still under way on the proposed ordinance. · Ord. Chairman Webster .directed that the matter be put on the agenda of the fiFst meeting in May, 5/ll/L~9- !V ~[eiITTEE [PORTS A- ~ICHITECTU~ A~ SITE CONTROL V-13)~ 1- V-13~ - i'iads~jiorth Awning Co. Wadsworth Awning Co. The Secre'tary read the appl2cation for installation of Metal AwAings on the Professional Building on Park Plaza. Mr. Wadsworth sboke in favor of the awniHgs aAd stated they would be the same color as the building. Commissioner Higgins moved for denial of Architectural and Site Control permit. Commissioner Bennett seconded. The following roll call vote was recorded: Aye.s: Anderson, Bennett, Hi99ins Noes: Crisp~ Tiffany, Webster No action was taken. Chairm~n Webster d'irected that the matter be held over until the next regular meetin9 and a~ked Mr. Wadsworth to submit further drawings'showin9 how the buildin9 ~fll look with the awnings installed. 2. V-135 - Sarato9a Carpet and Linoleum v-138 Sarato9a The Secretary read the.application for the addition of a Carpet & Linoleum storage room on the present ~arage at ~th and Big Basin Way. Commissioner Anderson moved for approval of th~ Architeciural and Site Control permit for improvements as show~ on the plot plan drawnby'G. Kocl~er and marked Exhibit "A". Commis- sioner Tiffany seconded. Carried unanimously. B. SUBDIViSiON COM~:!ITTEE 1. 'SD-112 -'L. Derrick, 23 lots, Nowen Drive and Old Tree Way SD-112 L.Detrlck T~e Secre[ar~ read the report of the'Planning Consultan~ dated March 20, 1959 recommending the{ the map be approved. The Secretary read the conditions as set by the County Techni- cal Committee at their meeting of April 10, 19~9 which had been delivered to the City Office at'14.:l[~ P. M. this afternoon. Commissioner Hi99ins mo+ed for approval of'the tpnt~tive map subject to the followin9 conditions: 1. Complete improvement'plans and specifications to be approved by the County Engineering Dept. before recording of final map. 2. Proy~de 1 foot reservations. 3. ~rade 'lots to drain into streets in a manner acceptable .to the En9ineerin9 Dept. 4- Streets ioF!be'.paved with a minimum of 2 1/2" plant mix surfacing on a minimum of 6" base material.' Actual thick-' ness requirements tS be determined by County Engineer. 5. The developer must ~rovide s[~tisfactory storm drainage facilities as required by the EnGineering Dept. 6. Provide: 1. Concrete vertical curbs, gutters and con- crete driveway approaches. 7. Design of the geometric sections and other construction 6f all proposed and existinG streets shall conform to the prevailing standards of the Engineering Dept. tn cases of critical topography, special requirements may be im- posed by the Engineerin9 Dept. for street construction, driveway design, lot grading, etc. 8. Final map not to be recorded until (a) adequate sanitary sewer bond is posted (b) plans and specifications for sanitary sewers are!approved by District 9'- Exi'stin9 wells to be sealed to satisfaction of Health Dept. prior to ~eco~dinS final map. 10. ~g occupancy of otherwise completed houses permitted until (a) usable sanitary sewer is available (b) public. water system approved by Health DePt. is availaLia. i1. Existing dwellings {o be connected to sanitary sewer. 12. Septic tank. systems'to be Dumped and filled to Health Dept. specifications. 13. ~lood Control fee of $1~0.00 per lot less cost of approved drainage facilities only. 1~[. Provide adequate drainage easement to creek. 1~. Radius of cul-de-sac to have a minimum of [~2 feet. 16. Provide County standard barricade across possible "future ~treet". 17. It is suggested that adjoining property (Severns) border- ing the creek be considcred for park purposes. -8- 16. Cul-de-sac street to be ~6 foot right-of-way. Commissioner Tiffany secohded. The following roll call vote was taken: Ayes: Benne'tt, Higgins, Tiffany, ~;e~ster Noes: Anderson, Crisp. 2. SDR-115 - Epstein & Levitas,'garden apar'tmeh~s on Highway ~9 SDR-119 ' Epstein opposite Brookwood Lane. &-Levitas The Secretary read a let'tar from the State Division of High- ways dated March 26, 1959 regarding the frontage and connect- in9 roads into the State highway. The County technicians report dated March 26, 1959 was then read. Mr. Art Willson presented a new site development plan and Mr. Ooul'~, from the Goodwin B. Steinberg arcbitects office, stated that he had conferred with the State Division of Highways before drawin~ up this second si~e development plan which shows they'.service road in the future widening strip along Nighway #9. The Commissioners stated their feelin9 that this plan did not conform in any way to that presented at the time of application for re-zoning. Chairman Webster ordered the matter. held over until the next .- regular m~eting. 3.-SDR-116 - Moreland School Dist.~ Off Saratoga Avenue ad3acent SDR-116 Moreland to Kosich Subdivision. School Dist. The Secretary read the conditions set by the County technicians at their meeting of April 9, 1999- Chairman Webster directed the Secretary to ask for clarifi- cation of'Condition #9 regarding acceleration and deceleration lanes on Saratoga Avenue and continued the matter until the next regular meetinG. V PETITIONS AND GRIEVANCES A. WRITTE~ ~one -9- B. ORAL 1. The City Administrator explained that the County Planning Pagon'is Commission had an appli'cation for a Use Permit for a quarry & Spurlock ~ on Big Basin Way approximately two miles bey6nd the City _. _. limits. ifl allowed to~ope~ate, quarry .trucks would have to use Big Basin Way. and Highway #9 for transportation of the quarry material, thus creating traffic and safety problems within the City of Saratoga. C~airman Webster had appointed CommissiGners Bennett and Anderson to represent the City at the Public Hearings on the Use Permit on ApDil i, 1959 and they had succeeded in having the Public Hearing continued to April 15, 1959- Commissioner Anderson read a proposed Resolution, being RESOLUTION OPPOSING'. GRA-NT1NG USE PERMITS FOR THE OpERATiON OF QUARRIES ON THE CONGRESS SPRINGS ROAD. Commissioner Anderson moved for adoption of Resolution PC-I~. Commissioner Higgins seconded. The following roll call vote was recordedl Ayes: Anderson, Bennett, Crisp, Higgins, Tiffany, Webster Noes~ None Campbell Chairman Webster reported"'that he iliad informed Mr, Hanley School Dist. of the Campbell elementary School District that the matter Sobey.Rd. Site of the Sobey Road School Si[e h~ now been dropped by the Saratoga Planning Commis'sion.--' Chatrman Webster declared'the meeting adjourned at 12:00 ~td~ight. ~0 present, 2 Press City Officials present: City Administrator, Assistant to City Administrator, Assistant City Attorney, Director of'Public Works. -10-