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HomeMy WebLinkAbout08-28-1961 Planning Commission Minutes SIR. R4ARY OF ~INI.~.ES CITY OF SARAT(~A PLARNI~ C0I~ISSION Time: 7:00 P. 1~., Nonday, August 28, 1951 Place: Fruitvale School, Fruitvale Avenu.-;, Saratoga, CalifOrnia Type: Regular Meeting I. ROUT1.NE ORGANIZATION The meeting was called to order by C~mirnmn I4ebster at 7:05 P. M. A. ROLL CALL Present: CO~mISSi3UeTS Anderson, Benn~tts Cr~.sp~ Glenns Johnson and Iqebster. Absent: Conmiss~.oner Higgins B. MINUTES There was a motjan ~] Comm'2asioner Glenn, seconded by Commissioner Anderson, that Revi~ed Copy II of the m.~nutes of the meeting of August 14, 1961 be approved as dietribuzed to the Cor~nissioh; motion carTied. 11. PUBLlC HEARINGS Chairman I4ebster opened the public hearings at 7:15 P. M. A. b~.-30 - OLd. LADY O.?_F_A. TIFA VILLA, S.~3A. TOGA-LOS GA=OS ROAD - USE PERMIT The public hearing on application UP-30 was continued from August 14s 1961. Commissioner Crisp rea~ a five-page report prepared by the Special Con~nittee con~isting of .Commissioners Crisps ~lenn and HigginS, gnd recon~nending the granting of UP-30. The Chairman directed the Secretary to dietribute copies of the r~port, during the reading, to : Joseph Bonscins and John Schatz. The Chairmah ordered the report and reconmendations filed as a part of the proceedings, JOHN SCHATE, 20843 Forest Hills Drives appeared before the Commission to state that he believed a legal opinion should be obtained as to x~hether or not the Villa is a legal non-conforming use insofar as the excess is concerned. A motion x~s nmde by Mr. Schatz from the floor to strike the letters submitted by Cavala & Lee and Karl J. Belser and signatures of any Cupertino residents from the petitions submitted. The Chairman ordered that the motion be made a matter of record and reserved ruling thereon. PIt. Sehatz submitted six (6) petitions con- raining 94 names of Saratoga residents opposed to ex~ending the present use of the Villa; the petitions were ordered filed as a part of the proceedings. Mr, Schatz requested a con=inn,nee of the public hearing for a= lnsst two weeks in order to enter additional evidence and have an opportunity to see new dra%rlngs and plans. ~ALTER VAUGHN~ 20491 Potrest liills Drive, appeared and stated for the record that he has evaluated his o~rn property and places his loss at $5s000 because of ~his U~e Permi~ application. JOHN RANELNs 20447 Forree~ Hills Drives appeared to further protest UP-30. AL DEMPSEY a~~ Piedmont Road~ oxmer of property adjacent to the Villas appeared and spoke in favor of granting the application. JOSEPH BONACINAs 15215 Sobey Roads attorney for the applicant} pro- tested any continuance and the motion by ~r, Scha~z that the letters from Messrs, Cavalas Lee and Belser be striken. The Chairman stated that, notwithstanding any techaical aspects, he mould consider Mr. Schatzws motion as a suggestion and overrule it as to the request that the letters of Cavala & Lee and HT. Belser be striken, on the hasis that hearsay is cuscomarlly admitted as evidence in tribunals such as the C~u~ission. The Chairmnn ruled the request that the names of resi- dents of the Cupert4-n area be etriken from the petitions be granted, but gave no ruling on the request for a continuance, s~nce the 1 Planniug Co~mts~ionMlnutes - August 2~a 1961 ~ Const IIl, B. SD- 308 - C. L. Lon~son, Canyon VtrdDrive and. R~id Lane - Subdi- vision - 27 Lots Mr, Longson vas not present. Coumatssioner Anderson advised that Mr. Longson~ould submit a revised map and suggested that this matter be continued until the map vas received. On the basis of this sugSestion, Chairman Webster ordered SD-308 continued until the meeting on September 25, 1961. C. SDR-309 - I.O.O.F..Home9 Fruitvale Avenue - Building Site Approval - Administration Building Mr, Henderson yas present to represent the applicant ands after a brief espla~ations expressed satisfaction ~ith the proposed condi- tions. Commissioner Anderson moved, seconded by Commissioner Glenns that the tentative nmp for SDR-3Ogs I.O.O.F. Homes be ap- proved subject to the six (6) conditions contained in the report of the Building Site Comittee dated September 8, 1961; motion carried unanimously, xv...ARCSI~C~m~...VESIqN REVL~ A. Aobl - Saratoga Inn, Saratoga Avenue Co-op Apartments Cou~fsSioner Higgins advised that he had checked the prel/minary plans and the perspective and that there ~as a discrepancy in the finishes sbo~m. He stated that he ~outd prefer the finish fndicnted on the perspective. Co~niesioner Bennett advised that t~o Long'h~l said he ~ould be happy ~o use the finish preferred by the Co~ittee. Chaimn ~ebster instmcted the Architectural Desf~uRevie~ Co~ttee to advise the applicant as to ~nether the dravtngs ~ere in compliance v~_ch ~he spproval previously given, ~ further instruc~ed the Cor~ttee to refer the matter to the Commission as a ~ole if any substantial questions arose. B. A-~O - Die8 and..Volls ~era~o~n-Sunuy~r. ale Road - Architectural Approval - Builders Emporium Cor~iesfoner HigSins etated that he had advised St. Johnson of Cen-Cnl that more complete drawings ~ould be needed in connection ~Lth Chin applicntion, and that these sdditfona~ dra~-~gs ~outd be available for the next meeting. On the basis of this 4n~orma- ~ton, Chairman ~ebster ordered A-60, Dlas and Voll, continued until the meeting on September 25, 1961o Co A-61 - A. Jo Henorda Sara~o~a-S~nnyvale Road - Architectural Ap- proval - Bar and Restaurant Nr, lienard was present. Co~tssionar RigSins s~ated that he had examined the plans for the Bar and Restaurant, found 2hem to be 2 Pl---in~ Co--,tssion Minutes-- August 28~ 1961 IV, C. ~,61 - A. J. Henards Sarato~a-S.uzhj..yvale Road - A~chitectural Ap proval - Bar and Restaurant quite attractive, and reconnnended approval of the preliminary plans. Cu~mlssioner Anderson called attention to the fact that the Ordinance requires a ten (10) foot landscape~l strip in front. Countssioner HigEins ~ed, seconded by Commissioner Bennett, that the pret4-4uaryplans for A-61, Ao J. Menards be approved and that Mr. Menard be apprised of the inadequate planting strip be~een the parking area and the street; motion carried unaz~usly. D. A-63 - LO..O.F. Home~ F~u~tvaleAveme - Architectural Approval - · xlministration Building P~ter discussions Co~missioners Htggins and Bennett suggested that these plans be sent to a Special Architecturat Comnittee for an opinion. Mr. HePjerson was present ~,a stated that he had no ob- jections. Chairman Webster ordered this ---tter referred to the ArchitecturaX Design Review Col~raittee with instructions that they take the ro"tter up with a Special Architectural Committee, to be selected by the Architectural Design Revtew Co~ttee~ and give a report at the next meeting. Vo 1~ BUSINESS Chairman Webster ~elcomed Councilman Lan~ll to the meeting. The Secretary advised the Commission of a Planning Course to be offered at LosGatos HIgh School, and asked if anyone would like to attend. Chairman Webster suggested that the Counissioners be given time to con- eider this matter, then contacted individually. Iri, OLD BUSINESS PETITIONE AND GRIEVANCES A, 1. SDR-186 - John Dennel~a Westcot~ Drive - Request for Extension of Approval of Tentative ltap for Buildlug Site The Secretary read a letter requestinE an extension for a period of three (3) months in connectionwith SDR-186. There was a motion by Commissioner Anderson, seconded by Commissioner Criep~ that a 90 day extension be granted in connection with SDR-186; motion carried ---nimeusly. 3 .Plannin~ Co~m!ssion. Minutes - August 28, 1961 - Con't VII, A. 2o SDK-21~ - Sorensen and D,~.~!= PalomiuoWay - Request for tension of Approval of Tentative Nap for Buildin~ Sites ~he Secretary read a letter requestiu~ an extension of time in conuectionvl~h SDR-212. 1~ere was a motion by sioner Anderson, seconded by C~.-nissioner Crisp, that this request for an extension be denied, since approval of the tentative map had expired before the extens~on~as requested; motion carried unsnir~ously. The Secretary read a letter from H, Gibson regardin~ minsh birds, It was the general consensus of the Commission that while this Must be annoyin8 ~or Nr, Gibson, it ~as not e~ough of a city-wide situation to warrant coverage in the Ordinance, Chairman Webster directed the Secretary to advise Br, Gibson of this decision, The Secretary read letters from Doris S. Bryan and Catherine Urban protestin~ the open-air sales bein~ held near the Junction of Hi~h~y 9 and Saratoga Avenue. ~r. Clarence Neale ~as present and discussed these letters ~r~th the Commission, There ~ae a motion by Co~m4ssioner Glenn, seconded by Co..a-ee- sionerHig~ins, that the matter of Up.27 (the Use Permit granted in connectionvith the open-air sales) be referred to the City Staff for 30 day observation An4 a report to the Cormlesion, and ~nt the individual Co~4ssionsrs also ob- serve the operation duriu~ this period~ motion carried ~tth a nsSat~ve vote from Con~nissioner Bennett, ORAL Chairman Webster declared the meetin~ adjourned at 9:45 P. M, Respectfully submitted, S~-leyN~ ~r, Secretary Sarato~a~lanuinS Co~mission V Planni. n~ Com~ission. Minut_es - AEu~u!.t 28,__1.961 II, A. lIP-30 o OUR LADY OF FATI~L~ Comissioners ~ould so vote before the public hearin~ was closed. There was a motion by Cor~n~csloner Crisp to close public hearing .on UP-30s seconded by Comissloner Gle.vul. Roll call vote: Ayes - Cor~issioners Anderson~ Crisps Glenn, Johnson and ~4ebster. ~oes -Cov, vn~ssioner Bennett, Absen~_ ~ Comniesioner HiSSins, ~=ion carried. Chairman declared the public hearing on UP-30 closed a~. 8:05 Pc ~l, After further discussion and a reading of Ordinance 3-A, Section~ 34,7 and 34.9 referring to restrictions placed by the Plaxu'.ing Commission on Use Permits, Co~nis- sicnet Crisp moveds seconded by Commissioner Bennett, to grant applica- tion UPs30 to eor~truct an addition to the e~sting nursin~ home facility subject to the follo~-zing condiz~.ons'- 1, Building Sj.~e approval~ 2. Architectural Desi~.~n approve.~.~ 3, The Planning Connnius~.on re::ai.~s juri~diction to impose in comnection ~ith the forego~.ng approvals any condition.~ x.~hich it could impose in co~nectio~. ~'ith this Use Pe.~.m.~.t, includ~ng conditions inconsisten~ }rlth drawing8 and pape~:s ~ubmi==ed by applicant and conditions res~ric~ive than ~he requir~en~s generall3, applicable ~o ~he zoning district, Conditions substantially s~a~.lar to ~hose listed in p~ragreph 3 the Special C~ittee repor~ da~ed Au~s~ 21~ 1961, 5, Elevations ~o~ higher in ~'ela~ion ~o ~isting proper~y line fence t~n =hose sho~ on ~h~bi~ E~ 6, R~r yard setLack ~o be a~ least ~ fee= for ~hs portia of ~he r~r proper~y line ~ich lies generally ~u~h of old~ incinerator, 7. ~e Plan~ng ~miss~n re~ains con=i~i~ jurisdiction over Use Pe~ ~os from tim~ us ~e, ~dify, delete or mke addition~ to any or all of the co~ditions =her~f, either o~ i~e o~ or on the applicatian of =he appli~n~s in order ~o presses a subs~antial righ~ of ~he applicat~ or ~oprese~e ~he h~l~h, safe~y~ mrslee convenience or welfare of perso~ residi~ or ~rking in ~rrou~ing ar~ss or ~o presses exis~iu~ or prospect~.ve values of property an~ ~m~rov~ents in su~o~ing areas or the enJo~nt of ~ch property and ~rov~ents, or to preven~ a public ~isance, ~11 call vote: Ayes: C~issioners A~erson, Crisp, johnone Glem~ ~ ~ebs~er, Noes: C~issio~er Be~ett (stati~ ~ha~ he believed ~o be a non-coufoming use), Abuen=: Co~ssioner Higgins. sicktar Gle~ vot~ yes but seriously ques~ioned paragraph 6 of the B, ~32 - I. O~e~[. H~ 1. O. O. F. RO~ - USE P~T FOR ~~IS~ T~ Public H~ring ~ened on UP-32 a= 8:30 P, M~ The Secre~a~ reported that No~ices of ~blic H~ring had been railed a~ ~ ~ni~tions hd been receive, ~ p=oposed building x~uld be an ad~nistrative office for =he S~a~e Headq~rters of ~he I, O, O, F, on the pr~er~y ad]acen~ ~o ~he presen~ home, since 80 ~o 90 per cent of ~heir busi~ss is done for ~he Saratoga ~me, The Secretary presented floor pl~ ~he Co~ssion for stay. Chairlee H, He~erson~ Grand Secre~a~ of the I.O.O,F, of California, appeared =epreeeu~ing ~he applican~, ~lai~ ~ha~ the building is proposed ~o be buil~ with a 100~ setback fr~ ~he I,O,O,F, ~a~s on =he nort~es= co~r of ~he proper=y~ ~ prisi~ approximately 87 acress a one s~o~ ~s~p~ buildi~ appr~i- rotely 4800 sq~re feets ~ich ~ill also include a ~se~, ~erson r~or~ed ~ba~ City A~or~y Faber Jo~s~on~ Jr, had s~a~ ~he p~posed buildi~ is incidental ~o the I.O,O,F, ~ use, Don Ne~s~ 19361 San ~r~s~ a~ Ray ~11~ 19315 San Marcos,appeared, ~a~ng 2 Planni;M.Co-~4ssion Mirmtes - August 28t 1961 - Const n. Lo.o.L neutral stands with respect to the application, but desiring to ques- tion the applicant. Co~issio~ar Johnson moved, seconded by sioner Crisp, to close the publl.c hearing on UP-32 at 8:50 P. M.; motion carried. Cvuu.dssioner Anderson moved to grant the application (UPo32 - I.O.O.F. Home - Use Permit for Administration Building) subject to the following conditions: 1. Building Site approval. 2. Architecnural Design approval. 3. The P]----tng Commission retains jurisdiction to ~mpose, in connec- tion with the foregoing approvals, any conditions which it could ~vm?.ose iu connection ~.~ith this Use Permits including conditions inconsistent ~f. th drmxings ~;nd pf~pers submitted by appl~.cant and colulitions n~,_'e..~.es.'~r'.'c~iv,~ tha.~ the requirements generally appli- cable to the zoning district, 4. Comply with ell existing CiL7 Ordinances. This motion was seconded by Commissioner Crisp. Roll Call Vote: Ayes: C,.~-vssioners Anderson, Bennett, Crisps Glens, Johnson and Webster. Noes: None. Absen-a;: Conkuissioner lliggius. Motion carried. C. V-199 - JOHN }L HAUFE~ CANYON V~IEW DRIVE- VARIANCE Public Hearing on application V~199 was continued from the meeting on August 14, 1961. Coi,.n~tssioner Anderson reported tha~ Co,..,~.tssianers Johnson, Crisp and Anderson and the Secretary had met with Mr. Haufe at the site on August 19, 1961, and read a report from the Co~nittee dated AuguSt 21, 1961 reco~nending disapproval. Chairmn Webster o~dernd the report placed on file. t4r. Haufe x~as present and offered new plans~ich reduced the Variance request by two (2) feet on the Canyon View Drive side. Chairman Webster reed from the Map Act the portion whic/i binds the actions of the Comm~ssion on such requests ana ordered the public hearing closed at 9:20 P. M. MotSon by Com- missioner Anderson that V-199 be d~n4ed for the reasons given in the report of the Variance Committee dated August 21s 1961; seconded by Co~ntssioner Crisp; motSon carrind.' RECESS FRCM 9:20 to 9:30 Po M. SUBDIVISIONS AND BUII.nlNG SITES A. SDR-.302 - A. J. I~NARD - BUTr.DING SITE APPROVAL - 1 LOT - HIG}MAY 9 This Building Site Approval application was continued from the meeting of August 14s 1961. Mr. Henard was present .ha received a copy of the conditions. Motion by Cu--,.issioner A~derson approving tentative map of SDR-302, A. J. MenaM, subject to the 13 conditions in the report of the Building Site C<..'.-.,ittee dated August 24, 1961; seconded by sioner Crisp; motion carried. B. SD~-305 - MARIfIE~ CONSTBUCTION COMPANY~ SUBDIVISION~ 14 LOTSt LfMA RIO Mr. Martss representing the Marwieg Construction Company. was present and received a copy of the conditions. Motion by Cormnissioner Anderson to approve tentative map of SD-305~ Marwieg Construction Oompanys 14 lots, off Loma Rio Drive, Subject to the 18 conditions contained in the SubdivisSon Cc-m-tttee Report dated Angust 24s' 1961; seconded by Commissioner Crisp; motSon carried. C. SDR-306 - PECK L. ME, RR.I. CK~ BUILDING. SITE A~PROVALt 1 LOT~ MERRICK DRIVE Peck L. Metrick was present and received a copy of the conditions. Marion by C~lssioner Anderson granting approval of tentative map for SDR-306, Peck L. Motrick, 1 lot, off Metrick Drives subject to the eight (8) conditions in the Building Site Co~nittee Report dated August 1961; seconded by C~-,'-..lssioncr Crisp; motion carried. 3 Pl~nnir~ Co~m~ s_sion lt!r.m....~es - A.u~_s__t 2_.J8,_1961 - Con' III, D, SDR-3..07 - _WTT.~..IA~ C. A. CARL.SONt 1 LOT, PIKE .RO~9 Mr. Carlson was present and received a copy of the conditions, Com- missioner Anderson moved, seconded by C,.......xssioner Crisp, approval of tentative map for SDR-307, Wm, Co A, Carlsons i lots Pike Road, subject to the five (5) conditions in the Building Site Conunittee Report dated August 24, 1961; motion carrind, IV, ARCHITECTURAL DESIGN REVIEI4 As A-51 - SARATOGA I;~ SARATOGA .AVENUEs..ARCHITECTURAL A~P~OVAL Connnisst.oner Bennett reported no decision had been reached by the Committee as to a reconrnendation on the drawings and plans submitted by the applicant sixice Ccu=alss~.oner Ht.ggins l~as out of to~n. The applicant, his architect and en~itTeer were present and asked for some expression from the Ccmraission as to tbeir opinion on the material submitted° After discussion ar.t a gene'ral approval from the Con~nis- sion, the applicant a&-reed to contact Co~nissioner Highins at an early date in order to proceed ~.rlth fim~l drabrinds, Chairman Webster ordered A-51 cor. tinued until September 11, 1961, Bo A-60 - DIAS AND_ rOLL-- IUC}I.IAY.. 9. - ARCHITECTURAL APP. R..O~....AL - BUll-hERSs ~4PORI!I~ Application A~60 ~as continued from the meetin~ of Ah~ust 1~, 1961, Commissioner Bennett reported the Con~nittee had met ~rlth W° W, Johnson, representin~ th~ applicants ~f~o had requested that this matter be continued to enoble them to submit new plans, Chairman Webster ordered A-60 coniC. cued to September 11s 1961, C, A-61 - A, J. NENARD~ HIGPI4AY 9~ ARCHIT.E. CTURAL A~PROVALx RESTAURANT A~D BAR Application A-61 was continued from the meetiu~ of August 14~ 1961, Chait~nan Webster ordered the matter continued until September lls 1961~ since the applicant had not received Flood Control clearance on his ~uildin= Site Approval in sufficient time to allow the Architectural Committee to ~ive consideration to his buildin~ plans before Counnis- sicnet Hi4~ins left town. D, A-62. - ROBER..T NEALEi A}ICHITECTURAL APPROVAL~ SXCN '~ICTORIAN ANTIQUES" Commissioner Bennett moved~ seconded by Cormuissioner Crisp~ approval of A-62, Sign '~ictorian Antiques"s as depicted in plans on file; motion carried, V. NE~ BUSII~ESS Chairman ~ebster welcomed Councilman Har~nan to the meeting, V1, ..OLD BUSINESS CvMssioner Crisp moved: RESOLVED that the tree list marked "adopted August 28, 1961" be adopted by the Plannin~ Cv..-..ission as establishing the variety and t~pe of street trees to be required in subdivisions pur- suant to Section 4,7 of Part I1 of the proposed Subdivision Ordinance; seconded by Connnissioner Anderson, Roll Call Vote: Ayes: Commissioners Anderson, Bennett, Crisp~ Glenn, Johnson and ~Yebster. Noes: None, Absent: C~ssionsr Hidgins, P.,lannin~ Co--,~{ss~on Minu~es - August 28~ 1961 - Con~t VII. PETITIONS ~ GREIVANCES A. WRI'rr~N SDR-231 - JOHN I. E EWAN~ LEONARD. ROAD - REQUEST FOR F~.TENSION OF BUILDIN~ SITE APPROVAL The Secretary read a request from John I. McEwan requesting extension of the Building Site Approval -~DR-231. Motion by Commissioner Anderson, secomted by Co~is~iouer Glenn, denying the request for extension of SDR-231; motion carried. The Sectcrazy was directed to advise the applicant of the Commission~s decision° CHAIRMAN WEBSTER DECLARED THE MEETING ADJOURNED AT 10:45 P. M. Respectfully subm/tted,