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Home My WebLink About08-14-1961 Planning Commission Minutes Reviped.Cop7 II 5qR~t4RY OF MINUTES CITY OF SARATOGA PLAI~ENG CCI~4ISSION Time: 7:00 P.Mo, Monaey, Auguse 14, 1961 Place: Fruitvale School, Frui~vale &vbnue, Saratoga, California T~e: Re,let Meel:in~ X ~ ~eti~ ~s cal:~ed to order at 7:00 P,M, by Gh~i~n Webster, A. ' ROLL CALL Presents Co~mqssioners A~derson, Bennett, Crisp, Glenn, Hi~ins, Johnson, Webster Absent: None B. MINUTES Notion by Co.~.a4ssioner Glenn; seconded by Commissioner Riggins, accepting minutes of July 2/~, 1961 meetinS as distribu=ed to the Com~issioners; motion carried unan~r~gusly. xx ...USLXC , AS Cs Chairman Webster declared public hearings opened a~ 7:05 P.M. A. UP-.30 - OUR LADY OF PATINA VILLA- SARATOGA LOS GATOS ROAD, USE PEBMITz NURSING HC~E ADD.I.TION .... This application was con=inued from the meeting of July 2/~th. The Secretary read a brief his~or~ of ~he Villa and i~s use as a nursing home. Mr. Joseph Bouacina, a~Corney, represented ~he applicant and submitted a four-part peti- tion containing 74 names of Saratoga residents favoring the granting of the application; a letter from Ca~ale & Lee, realtore-appraisers; and Karl J. Belaer, Director of Pl-eninSs County of Santa Clara, favorable to ~he applicantes request. The Chairman ordered the petition end letrats submitted by l~r. Bomecina filed as a part of the proceedings. MRS. LAURA BEEq~.SBN, 14516 Oak Street; NIL JOHN RA~s 20477 Potrest Hills Drive; MR. ~ I~S. JOHN SCHATZs 20843 Forrest Hills Drive; and WALTER VAUGI~q, 20491 Fortes= Hills Drive; appeared and spoke objectinS to ~he application. TheChairt~au ordered tha= the Affidavits Demand for Discovery and lnspee~iou and a petition in opposition containinS six (6) --r,~e of residents of adjoin- ing property submi~ted by Mr. Schetz be made e pnr= of the UP-30 file. UP-30- (Continued) DR. ROBERT 0sl~IL, SaratoSs physician; WILLIAN PETTER, Cupertin~ (~ho plans to move to Saratoga in the near future; and PAT CREEGANs 19034 Glenbrae, appeared to speak in favor of UP-30o The theirsen ruled on l~r° Schatzs demand for discovery and i.v~pection, order- in~ the same denied, He explained that a favorable rulin~ ~ould act an extremely time consumin~ precedent, but assured Nro Schatz that he ~ould have an opportunitl to read the Subdivision Cc~m~tttee report before the close of the public hearin~ aud in ample~to appeal. time CHAIBI~AN WEBSTER DECLARED A RECESS AT 8:20 P.l~; RECORVEI~D AT 8:34 P.M. As there ~as no one else present to speak for or a~ainst the application, the Commissioners proceeded to question the applican~*s attorney and architect as to m~nber of patients and staff members at present and anticipated; whether or not the nursing home is self-sustaining; etc. Nr. Heuvel~r~, architect for the applicant, discussed the buildin~ plans at length vith the Cor~tssion, and it was agreed that before any action can be taken on the Use Permit, the drav- inSs should be correct as to setbacks, etc. A meetin~ vas set between the architect and a special c~mittee appointed by the Chairman consistinS of Com- missioners Crisp, as chairman, Glean and Higgins, and permittins interested parties to be present as observers only, no questions alloved. ~his committee is to submit a report at the next meetin~ on August 28th, if practicable° The Secretary was directed to set the meetin~ time, Chairman Webster ordered the public hearinS on UP-30 continued to approximately 7:15 PoMo on August 28, 1961 and informed the audience the matter will a~ain come up for public hearins at that time but if sufficient progress has not been made, there rill be no action taken at that time. The public heartn~ on UP-30 yes closed for this meetins at 9:30 P°M. Bo UP-~I - P. }l. BASHAN, aNDALE AVENUE, USE PERNIT FOR PROPOSEI) GUEST COTTAGE AS NEETING HALL FOR BOY SC(~JT ~ROOP The Secretary read Application UP-31, request for Use Penair for use of pro- posed Suest cottage as meetinS hall for Boy Scout troop and reported that Notices of Hearins mailed and t~o co.~-..dnications received. Letters o~ protest received from VIRGINIA A° BADEN AND LUCILE Jo EREs 18~60 Allendale Avenue and R, J. AI~BERG, 18600 Nontpere; were read by the Secretary. NRS. AI~G appeared in person to protest. A~idavits ~ere received and on file from 1~ adjoinins property oweere favorinS the grantins of the applieationo ERNEST PORBR, Scout- master o~ Troop ~36] and PAUL L. gEAUDRY, 1864~ Allendale Avenue, appeared in favor of UP-31. PABL N. BASHAM, representing the sponsor of the Boy Scout Troop ~367, explained the use intended for the proposed guest cottage as z meatins plaue for the troop since their use of ~uito School has become so limited that the troop earmot function properly, Chairman l~ebster ordered the public hearing on UP-31 closed at 9:54 P°Mo but opened at 9:55 ~.N. and Commissioner Anderson read recomendations of the Sub- division Co,n,-ttteeo Comnissioner Bennett moved; seconded by Co=missionar Johnson to close public hearing; marion carried. Chairm~ ordered public hearins on UP-31 closed at 9:58 P.14° UP-31. (Continued) Notion by C~.lssioner Johnson Ctmt Application U~-31 be ~ranted subject Co the condition that the Cit7 o~ Saratoga Pla~ain~ C~--.~ssion shall retain cont~nuin~ Jurisdiction over the Use ~ermiC herein ~ranted and expressly reserves the right from time to time to ~Ddify, delete or make additions to any or all of the conditions thereof or to terminate or 'exCeed the Use Fermit, either on its own motion or on the applic~tion of the applicant, in order to preserve a substantial right of the applican~, or to preserve the health, safety, morals, convenience or ~elfare of persons residin~ or ~orkin~ in surroundin~ areas, or to preserve existing or prospective values of property and ~l~.rovemencs, or to prevent a public nuisance; seconded by Co~missionsr Bennett; motion unanimously carried, C. V-199 - JO~ H..HA~FEt CANYON VlE~ .DRIVe. - VARL~NCE The Secretar~y read Application V-199, request for Variance by JOt~ H. HAUFE £or 20e setback on front aed side yards from 25s setback for corner lot in accordance with ORDII~ANCg 3A-8, SECTIOI~ 2,4, Secretary reported l~oticee of Hearin~ nmlled a~d no witten cu~dnications received. The Chairman opened Public Hearing on V-199 at 10:03 Poll. l~r. Haufe appeared and e~lained ~is reasons for the variance request, NRS. A. L. FLETC~I~, Canyon Vic~ Drive, and SA~I HERK~DEZ, 14626 Big Basin Way; appeared and spoke in favor of the Variance, No one else vas present to speak for or a~ainet the applic~tion. Chairman ordered the matter teEerred to the Var- iance ~o~nittee~ with arrax~enents made for a meetin~ with the C~..-...xttee and l~r, Haufe at the site, The public hearin~ vas continued to the meeting o~ August 28, 1961. CHAI~L~ ~F~STEK CLOSED PUBLIC HE~I~CS FOR ~E EVENING AT 10:10 B,l~. SUBDIVISIONS AND BUILDI~.C SITES A, SDI~-301 - ED~FLN P. GERTH - Lomita Avertusa 2 lotst Buildin~ .Site .Approval The Secretary read the Application SDR-301. Hro Certh appeared and received a copy of the conditions. Notion by C~..--.4esioner Anderson; seconded by Co~esioner Crisp ~rantin~ tentative approval 0f Buildin~ Site Application SDI~-301, E. P. Ger~h, 2 lots on Loreits Avenue, subject to the x~Lne (9) con- ditions in the report o£ the Buildin~ Site Conxnittee dated AuSust 14, 1961; motion carried, g. .SDI~-.3..02 - A. J. ~ - HIG~.AY ~9~ 1 .Lots BuildinR Site Approval Ccmaissioner Anderson reported that the C~m~ttee vas tmRble to prepare coeditions insenuch as the Flood Control District requires a portion of the land alon~ Calabazas Creek aed applicant will not have ro~n to build as pro- posed. Hr. Nenard ~as present and stated he vas in contact with Flood Control District aed endeavorin~ to satisfy-them. Chaitm~n Webster ordered SDIt-302 continued to meetin~ of August 28, 1961. C. SD-303 - JOH1q 'H. 'COLBY '- Re:Ld, Lanes 8/4., lots, Subdivision Robert To~ers engineer, appeared to represent the applicant and received a co~y of the conditions. %'ae Subdivision Co-,nittee reco~-n~led tentative approval as per their revised report. Notion by Co---tssioner Anderson; conded by Commissioner Glenn; granting tentative approval to SD-303, John Colby, £or 84 lots, subdivision, on Reid Lane, subject to the 17 conditions in the Subdivision Co,.-..ittee report dated August 14, 1961, as revised accord- ing to ~T. xhibit C' and si~ned by the Chairman o£ the Subdivision C~,,Attee; motion carried, Do SDR-304 - DXAS & VOLL - HIG"r~AY ~9s Build. in~ Site Approvals 1 Lot ~he Secretary advised the Cuu~ission that this application had expired and this was a resubmission o£ the application for Building Sit. e Approval. W, W. Johnson appeared representing the applicant. Notion by Comnissioner Anderson; seconded by Co-~..testoner Glenn; granting tentative approval of Building Site Application SDR-304, Dies and Voll, one lot on Highway ~9 subject to the 13 conditions in the report of the Building Site Cv......~ttee dated August 11, 1961; motion carried unanimously. C~ ~BS~CER DELCARED A RECESS FRQ~ 10-'35 P,I~ ~0 10:50 P,I~ IV AR.Cwr~ECI~RAL DESIGN REVXE~ A-29 - JO~q OLXVER PET CL~_N'IC - Architectural Appreval of Sign This application ~/es con~inued from the meeting of July 24th. Dr. 0liver ~as present and explained he planned to use ~ooden letters, one foot high, of block type, painting the red~wod backboard ~hiteo Notion by Co--,~ssioner Bennett approving application A-29 subject to ~he location of the siSn i~s~ed- lately off the State RiSh~ay present location, ~-~th the sign to be moved back to o~vner~s property ~hen service road is installed; motion 'carried, B. A-58 - BAR/IARA C~ BIG BASI~t WAY - Fine1 Architectural Appreval - Apts r4re. Barbara Cald~ell ~as present and a~ter a shor~ discussion, Co,w~esioner Hidins moved]. seconded by Co~nissioner Bennett; granting fine1 architectural approv. al to Application A-58 based on the dravings as submitted, ~xhibit Sheets 1 ~hrough 7'; motion carrind Un~-_~mouslyo Co A-SO - DXAS & VOLL~ HIGhMAY ~9 - Architectural Approvals Builders~ E~porit~ W, We Johnson appeared to represent applicant. Committee reco""nended contin- uance o£ this application until a meeting can be held ~Tlth the applicant since a sheet iron building is proposed and does not meet the Co..-~.lttee~s complete approval. ~lr, Johnson described the building pl-nned £or use o£ retailing builders s hardware and allied merchandise and ngreed to meet T~ith the Co~nittee and reach an sgree,-ent, Chairman Webster ordered the matter continued until the next meeting on August 28, 1961. D. A-61 - A. J. ~ - Fa~AY ~9 - Architectural &ooroval. Restaurant & Bar Co~w~ssioner Bennett reported Chat since the Buildin~ Site Approval applica- tion had been continued until the meeting of August 28th, no action could be taken on the application, A-61o Hr. ~ienard appeared and was informed the plans ~ere satisfactory hat action ~ould have to be delayed for this reason. Chair- man Webster ordered A-61 continued to the meeting of August 28, 1961, · V .NEW BUSINESS A'..APPQ. INTMENT OF SECKETARY TO PLUG CC~IISSION MOtion by Ce,n,iesioner Bennett; seconded by Cc~m~ssioner Bennett; appointix~ STANLEY Mo WALKER as Secretar~ to the Pl---{ng Cu;~;.;;xesion; metion carried unanimously. Chairman ~Yebster ~elcomed Mr. Walker to the Sroup. Bo RESOLUTIOn{ Commissioner Crisp introduced motion that the Commission adopt a Resolution expressing its appreciation =o MRS. EVELYN VOGES for her e:tcellent service as Secretary Pro Tem to the Planning Corm{salon; seconded by Commissioner HiSSins; metion carried unanimously. C. PROCEDURE ORDINANCE The Secretary read a letter from City Attorney Faber Le Johnston~ Jro da~ed May 10, 1961, requesting that the Commission adept the PROCEDURE ORDIlqANCE NO, 29 previously adopted by the City Council. MOtion by C~ssioner for adoption of PROCEDURE ORDINANCE NO. 29 by the PlauninS Co-w-~ssion ~o Sovern its proceedings; seconded by C~--..~ssioner Glenn; metion carried. D. SUBDIVISION OEDINANCE - LIST OF TREES The Secretary submitted a list of trees rec~m.~..ended by the Tree cam~ittee for inclusion in the Subdivision OralinaPt°. Chairman ~Yebster referred the list to the Subdivision C~ittee for review, VI OLD. BUSINESS Ao MT. EDEN ESTATES ASSESSMEI~T DISTRICT Covm-~ ssioner Anderson read the raport of the Subdivision Cubittee end stated they had met ~ith Mr. Dollard and ngreed on the conditions in confot~nit~ with the new Zoning Ordinance as to width of street r/w, width of pavement, arounds, etc, The Secretary reported an addition to the report, ParaSraph (a)~ "3 foot shoulders are required on each side of the roed'~ as suSSested by the Director of PUblic ~orks, MOtion by Co~v,~ssioner Johnson; seconded by Commis- sioner Glenn; Chat the Subdivision Con~ttee Report dated August lls 1961s as changed to add the requirement of 3 foot shoulders he adopted by the Planning Co~lssion and transndCted to the City Council with the reconm~ndation that it be acted upon by the Council2 metion carried. So COUNty SUBdiVISION RESOLUTION The Secretary read a letter proposed to be transmitted to ~he Santa Clara Plan~tn~ C,~.-..tesion ~avorinS the zonin~ chan~e proposal by .the County in the Lexington Plannin~ area, There bein~ no objections, Chair~ Webster direc- ted the Secretary to transmit the letter in the ~orm as read, Hotion by Co.s-,stssioner Anderson; seconded by C~4ssioner Crisp; tba~ previously adopted RESOLU~ON NO. 103 be rescinded; motion carried. VII PETITIOI~, A~) GRIEVANC,.E~S Ao WRI'~-x~ 1. SD..-206 - HA;tIE ROSE GASPARs OFF PIERCE ROAD - Request for Extension Secretary reed letter requestinS extension of one (1) year for Ten~ative BuildinS Site Approval for subdivision off Pierce Road. l~r. Donald HocKey was present to rspresen~ the applicant nn~ stated the reason for requestinS extension is that there has been some di~fienlt~y in workinS out the water system ~nd this tract will require the formation of a mutual water company, purchasinS water from the San Jose Water Works. Hotion by C~n~,,xesionar Bennett; seconded by Commissioner Glenn; Srantix~ extension of Ten~ative Buildin~ Site Approval for a period of one year for SD-206. AXES: Co~miqsioners Bexmett. Anderson~ Glenn. Hi~Sina, Johnson NOES: Co~snissioner Webster (on the ~ro~n~s of objectinS to extension of more than 6 months) l~otion carried. 2. SD1~-229 - I~RS. AUGUST JOI~AS~ BELLA VISTA DRIVE - Request for Extension The Secretary read a letter £rom applicant requestinS an extension of Tentative Buildin~ Site Approval ~or ;DR-229 for one (1) year in order to comply with the conditions set. Commissioner Anderson reco~nended the extension because o£ the litiSa~ion involvinS ownership of right-of-way land required in conditions set by the C~,-...~ssion. Hotion b~ Cou~nissionor Anderson; seconded by Ccr~esioner Crisp; approving request that Tentative BuildinS Site Approval for SDR-229 be extended ~or one year; motion carried° CHAIRNAN ~EBS~ER ~ELC(n~ED COUNCI~RN CLE~ON TO THE NEEtINt. B. ORAL CCI~fifRICATIONS I. UP-l~ - SARATOGA COUNTRY CLUB - Request for Exte~sion The Secretary read a letter ~rom the Saratoga Country Club request~nE an extension o~ UP-13 for an additional nine months? period. Del Ross repres- ented the Saratoga CoUntry Club and explained the reason 'for the request is ~hat the Club ~as forced ~o delay the earth removal be~anae o~ their project for irrigation of the Sreens. Hotion by Connnissioner seconded by Co~missionar Hi;Sins ;renting an extension for nine months £or UP-I~; motion carried unanimously. I~OTION BY CGta4ISSIONER HI~INS; SECONDED BY COI~IISSIONEIt JO~qS~ FOR ADJOURI~ENT AT 12:00 Pol~; I~OTION CAItRIED. Respectfully submitted. ../"~.-. · Secretary, PlanS Cc-w~esion