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HomeMy WebLinkAbout03-08-1965 Planning Commission Minutes SLaVeRY OF MINUTES CIT/OF SAEATOGA PLANNING COMMISSION TIME: Monday, March 0, 1965, 7:30 P.M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meetin~ I. ROUTINE ORGANIZATION The meetinS was called to order by Chariman Norton at 7:30 P.M. A. ROLL CALL Present: Commissioners Cowlay, Crisp, Kellum, MeFall, Norton O'Rorke, and Absent: None B. MINUTES Commissioner Cowley moved seconded by Commissioner Kellum, that the readinS of the minutes of February 23, 1965 be waived and that the minutes be approved subject to the following modification (requested by Chairman Norton): Page 7...under VIII, B...second paragraph...second line "- Insert "personally" between "be" and "deroCatory". Motion carried unanimously. II. PUBLIC HEARINGS The Chairman declared public hearing open for the evening at 7:33 P.M. A. C-76 - Robert Taylor Construction Company, Prospect Road - Change of Zoning from "R-1-40,000" (Single Family Residential) to "R-1-40,000 P-C" (Single Family Residential Planned Community) - Continued from Febrnarv 23. 1965 The Secretary advised that the applicant's representative had informed him that the revised tentative map was in work but still had not been completed. He recommended, therefore, that C-76 be continued until the meetinS on March 22, 1965. Chairman Norton so directed. B. UP-74 - Dr. Robert Wade, Sours Lane - Use Permit to allow Convalescent Hospital adjacent:to Westmoreland Convalescent Hospital - Continued from February 23, 1965 Dr. Wade and his architect, Mr. Johnson, were present but stated that they had no further comment at this time. Mr. ~amouris of McCulloch Avenue opposed the granting of the subject Use Permit on the basis that the existing Westmoreland Convalescent Hospital provided adequate facilities for the area. He further advised that, for the same reason, he was o~posed to the proposed expansion of the Westmore- land facility. Mrs. Samuel Hash and Mr. Kenneth Proulx made specific inquiries relative to plans for the hospita! proposed by Dr. Wade but withheld comment until they could review the plans. Commissioner Crisp advised 1) the existing Westmoreland Convalescent Hospital has 35 beds 2) Dr. Wade's application is for a 60 bed facility 3) Mrs. Westmoreland has filed an application for a 41 bed expansion and 4) it was the recommendation of the Committee that both these applications (UP-F4 and UP-75) be continued so that a joint study could be made pertain- ing to same. -1- Plannin~ Co~nissi~ Minutes - March 8, 1965 - Continued II. B. 07-74 - Dr. Robert ~]ade~ S~uza Lan~ : Chairma~ Norton, on the basis of this reco~mendation, directed UP-74 continued until the meeting on March 22, 1~65, referred same back to the Subdivision Committee for further ~tudy, and requested that Dr. Wade make an appointment to meet with the Connnittee as soon as possible. C. UP-75 - Mrs. Lutes1 Westmoreland~ .Souza Laps - Use Permit to allow expansion of Westmoreland Convalescent Hospital The hearing on UP-75 was opened at 7:44 P,M. The Secretary 1) advised that notices of hearing had been mailed and 2) read a conm:untcation filed by Donald W. Dry~, Jr. opposing the granting of the subject Use Permit. James Gifford, representing the applicant, advised 1) the hospital traffic, at present, consists of approximately 11 vehicles per day 2) an additional 13 were anticipated with the proposed expansion, making a total of 24 vehi- cles per day and 3) this ~as an averaSe including the weekend traffic. Carl Koch, Souza Lane and Quito Road, expressed concern that Dr. ~adess proposed hospital and the proposed expansion of the Westmoreland facility x~ould create an impossible traffic situation for the residen~s of Souza Lane. After discussion, he opposed the g[anting of both UF-74, Dr. ~4ade, and UP-75, Mrs. Westmoreland, on the basis of increased traffic. After reviewing the' p~ans, Hr. Proulx (whb had withheld comment during the discussion of UP-7~) opposed the ~ranting of both UP-74 and UP-75. Chairman Norton~ after further discussion, directed UP-75 continued until the meeting on March 22, 1965, referred same to the Subdivision Counittee for study and a report, and requested that Mrs. Westmoreland make an appointment to discuss this matter with the Subdivision Committee as soon as possible. Conm~issioner Crisp extended a welcome to anyone ~ho cared to be present when the Committee met with the applicants (Dr. Wade and Mrs. Westmoreland). D. UP-76 - Rachel A. Da7 and MarV E. Johnsonw Paseo Tierra - Use Permit for Nursery School The hearing on UP-76 ~as opened at 7:58 P. M. The Secretary advised that notices of hearing had been mailed and read a petition filed in opposition to the subject Use Permit, signed by 33 residents of the general area. Mrs. Johnson, one of the applicants, explained 1) no one would live at the subject residence. . .it would be used solely as a nursery school 2) there was space in the area of the driveway ~hich could be paved to provide additional parking 3) they would be licensed and inspected by the State and ~) she could see no reason for the proposed use to affect property values. Louis Rossi, Paseo Tierra, stated that he ~ras one of the 33 who had signed the petition and again manted to register his opposition to the granting Of the subject application. He explained ~hat he felt the septic tank would present a problem. Mrs. Day, applicant, stated that since there would be no laundry facilities and little use of the kitchen she felt the septic tank would be adequate. Don Tweedy, Bucknail Road, opposed the granting of this Use Permit on the basis of increased noise in the nei~hborhood. Mrs. James Walcb, Paseo Tierra, concurred with Mr. T~eedy. After further discussion, Chairman Norton directed UP-76 continued until the meetln~ on March 22, 1965 and referred same to the Subdivision Com- mittee for study and a report at =hat time. -2- v Plannin~ Commission Hinutes - }~rch 8~ 1965 - Continued E. Pharmacists - Request from~. Isaac N. Abran,s that "Pharmacists' be added to the lint of Permitted User for the }~dical Village at Saratoga and Cox Avenue - Continued from February 23, 196b The informal hea'=~A~ on ~hls request ~.~as opened ~C 8:07 ~o H. The Secretary 1) adviseu tha~ notices of hearing had been m~iled and 2) re~d a co~nunication from the Chamber of Con~merce opposing the granting of the request. lYr. Sturla explained 1) the proposed pharmacy would be a prescription pharmacy only 2) it is an essential part of a complex such as the ~edical Village and 3) the proposed pharmacy would occupy only a portion of the building on Lot 1. Mr. Fontana of the West Valley Pharmacy raised a question as to whether a prescription pharuncy could be self-supporting in this area and opposed the. granting of this request on the basis that Saratoga already has adequate pharmaceutical facilities. Jim Lawrence of the quito. M erchants Association opposed this request on behalf of the Association on the basis of the prcxfmity and adequacy of the quito Pharmacy. Ben Weiss of the Argonaut' Pharmacy stated that he was opposed to the ~rantinE of this request because of the lack of an established need. After further discussion Chairman Norton directed this matter continued until the next regular meetin~ and referred same to the Subdivision Committee for study and a report. F. Automotive Repair Shop - Request from Charles M. Schwab that "Automotive Repair Shop" be added to the list of Condittorml Uses for the "C-N" (Neighborhood Commercial) Zonin~ District - Continued from February 23, 1965 The informal hearing on this request was opened at 8:31 P. H. The Secretary advised that notices of hearin~ had been mailed and there were no nications on file. B. T. Galeb, Seagull Way,. advised 1) he lives in the area and owns the subject property 2) he d~d not desire to have an automotive repair shop on this property permanently but felt that such a temporary use would be an asset to the area and 3) he hoped the City would help determine the best permanent use of the[property. Sam Hernandez, Bi~ Basin Way, spoke in favor of the subject request. lit. Schwab, applicant, stated 1) he felt there as an established need for an automotive repair shop in the area and 2) he felt it would be a benefit to the community. Chairman Norton directed this matter continued until the meeting on l~arch 22, 1965 and referred same to the Subdivison Co,~,lttee for study and a report at that time~ The Chairman declared public hearings closed for the evening at 8:39 P. RECESS AND RECONVENE Chairman Norton extended a welcome to Councilman Burry and Mrs. Owens of the Good Government Group and expressed appreciation for the coffee served by Mrs. Owens at recess. Ill. SUBDIVISIONS AND.BUILDING SITES A. SD-529 - Robert Taylor Construction Company, Prospect Road - Subdivision 180 Lets - Continued from February 23, 1965 Chairman Norton directed ~D-529 continued until the meeting on March 22, 1965 since a revised tentative map had not been submitted for the Commission's consideration. Plannin~ Commission Minutes - March 8, 1965 - Continued III. B, SDR-546 - Mason Shaw, BiR Basin Way - Building Site Approval - 1 Lot - Continued from February 23, 1965 Commissioner Crisp advised (on behalf of the Building Site Committee) that the revised tentative map submitted by the applicant was not satisfactory since access to the site was still inadequate. Commissioner Cowley observed that the Design Review Committee had reviewed the plans and felt that the proposed parking pattern would not provide a usable parking lot. Mr. Shaw was present to discuss this matter with the Conmission. When Chairman Norton explained that unless an extension of time for action on the tentative map was granted, it would be necessary, under the cir- cumstances, for the Commission to deny the subject application, Mr. Shaw did not express willingness to grant the requested extension. In view of the above, Commissioner Crisp moved, seconded by Commissioner McFall, that unless a written statement granting an e~tension until 12 April 1965 was submitted prior to 19 March 1965 (present date of expiration of time for action on the tentative map), that SDR-546 be denied. AftEr further discussion, the above motion and second were withdrawn by Commissioners Crisp and McFall, respectively. Commissioner Wright then moved, seconded .by Commissioner McFall, that SDR-546 be denied on the basis of inadequate access and parking; motion carried unanimously, C. SD~.-549 - James. F. ,~ones.,.-quit9 Ro~d - Bu{lding S~te Approval - I Lot - Continued from February 23, 1965 The applicant was not present. After a brief review of the proposed conditions of approval, CommissioBer Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 23 February 1965 relative to SDR-549 be adopted and that the tentative map (Exhibit "A", filed 11 February 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-550 - William D. Garland, Via R~Rina - BuildinR Site Approval - 1 Lot The applicant was not present, but Commissioner Crisp advised that the applicant's representative had obtained a copy of the proposed conditions of approval earlier in the day and had advised that there were no questions. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 8 March 1965 relative to SDR-550 be adopted and that the tentative map (Exhibit "A", filed 15 February 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-551 - Inmmnuel Lutheran Church, Saratoga Avenue - Building Site Approval - 1 Lot Commissioner Crisp explained that a sidewalk had been required along the Saratoga Avenue frontage of the subject property since it was felt that it would be needed for people to get to the church from the street parking. Commissioner Crisp moyed, seconded by Commissioner McFall, that the Building Site Committee Report of 8 March 1965 relative to SDR-551 be adopted and that the tentative map (Exhibit "A", filed 26 February 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. A question was raised as to whether a sidewalk should be required in connection with development of Tract No. 3812, across Saratoga Avenue from the subject property. At the suggestion of Commissioner Crisp, Chairman Norton referred this question to the Staff for consultation with the City Attorney and Director of Public Works. -4- Planniu~ Commission Minutes -/~arch 8. 1965 - Continued IV. DESIGN REVIE~ A. A-168 - Broom and Kauff.mann. Inc.~ Miller Avenue - Final Design Review - Subdivision Homes - 1'facts 3145 and 3146 - Phase I, 29 Lots - Continued from February 23, 1965 Commissioner Cowley briefly reviewed this application and advised that the Committee had again met with the applicant to discuss this matter. He then explained 1) the Col~nittee had reviewed the entire subdivision 2) consideration had been given to allowing fewer curved driveways in this portion of the development subject to the applicantts providing a oufficient number in the balance of t~e subdivision to meet the over-all 25% require- merit and 3) it was possible that this approach might overload the balance of the subdivision. Commissioner I~right observed that Brown &Kauffmann felt that they had met the intent of the ordinance and raised a question as to whether the requirement for 25% curved2driveways was rigid or whether the Commission had the right to depart from the percentage requirement if it felt that the intent had been met. Chairman Norton and Commissioner O'Rorke stated that it was their under- standing that the Commission had the right to depart from the standards if it felt the purpose had been met. Commissioner 14right advised that it was the general opinion of the Design Review Committee that with six (6) curved driveways and col-de-sac streets the applicant had met the standards by achieving harmony and an absence of monotony. Commissioner Cowley stated that he felt the standards were established with a different type situation in mind, such as a subdivision with straight streets. He further observed that Brown & Kauffmann had always been very cooperative, that their presentations and their homes had been very good and he felt this; too, should be taken into consideration. After further discussion, Counissioner Cowley moved, seconded by Commissioner Wright, that final design approval be granted A-168, Brown &Kauffmann, Inc., for the subdivision homes covering the 58 lots in Tract 3145 as shown on Exhibits "A-2", "'B", and 'C" with the proviso that ordinance requirements will be met in the balance.of this subdivision; motion carried unanimously. B. A-170 - Mason Shaw1Bi~ Basin ~ay - Preliminary Design Review - Commercial Building adjacent to Saratoga Theater - Continued from February 23, 1965 After a brief discussion Counnisstoner Cowley moved, seconded by Commissioner Crisp, that A-170, Mason Shaw, be denied on the basis of inadequate parking; motion carried unanimously. C. A-173 - Dr. John Oliver~ Sarato~a-Sunnyvale Road - Final Design Review ~ Commercial,Building on Pet Clinic Property Commissioner Cowley advised that the'Desi~n Review Com~ittee had reviewed the subject plans and found them satisfactory. Conmissiouer Cowtey moved that A-173, Dr. John Oliver, be granted final design approval for a commercial building on the Pet Clinic property as shown on Exhibit "A". Commissioner Wright seconded the motion which carried unanimously. V. CITY COUNCIL REPORT Chairman Norton gave a brief resume of action taken at the City Council meeting on March 3~ 1965 with emphasis on items of particular interest to the Commission. Plannin~ Con~nission Minutes - March 8, 1965 - Continued VI. NE~ BUSINESS VT254 - Thorn L. Mayes, Sullivan Way - Variance to allow 7' Side Yard in lieu of required 12' Side Yard Commissioner O'Rorke apologized for his absence at the last meeting which, in the case of V-254, resulted in a tied vote. In accordance with Section 2.17(e) of the Saratoga City Code. he then moved that V-254, Thorn L. Mayer, be granted. Commissioner Wright seconded the motion. Commissioner Crisp moved, seconded by Commissioner Cowley, that Commissioner O'Rorke's motion be continued until the meeting on March 22, 1965 since he had been advised that there were other people who wanted to comment with regard to this application. In answer to Commissioner O'Rorke's question as to whether he was requesting that the hearing be re-opened; Commissioner Crisp stated that this was not his intent, that he was only suggesting that anyone who desired be heard as in the past. Commissioner O'Rorke commented 1) the required hearing had been held 2) notices had been mailed for this hearing 3) this hearing had remained open for three (3) meetings and 4) he felt this was sufficient time to allow anyone who desired to comment a chance to b~ heard. A roll call vote was taken on Commissioner Crisp's motion: Ayes: Commissioners Cowley, Crisp and McFall. Noes: Con~niseioners Kellum, Norton, O'Rorke and Wright. Motion did no~ carryj After further discussion a.roll call vote was taken ~ Commissioner O'Rorke's motion to approve V-25~: Ayes Conm~issioners Kellum, ~o~to~, O'Rorke ~nd Wright. Noes~ Commissioners Cowley, Crisp a~d McFall. ChAirman Norton again ad,ised that any resident or property owner who desired had the right to appeal this decision to the City Council. The Secretary called attention to a copy of a letter from the City Attorney which had been placed in each of the Commissioners folders, which letter proposed an amendment pertaining to a motion which dies of a split vote. After discussion Chairman Norton stated, with concurrence of the Commission, that pending enactment of an amendment as proposed by the City Attorney in his communication of February 26, 1965, the Co~,=,lssion policy would be as follows: Action on any application is final subject to reconsideration at the same meeting as provided in the Ordinance, with the exception that where there is a tied vote because of the temporary absence of a Commissioner or Commissioners, the matter shall be automati- ' cally continued until the next meeting of the full Commission. VII. OLD BUSINESS A. County Planning Agenda Items 1. Service Station - Prospect and Johnson Avenues The Secretary advised that the application for a service station at Prospect and Johnson Avenues had been denied by e unanimous vote of the County Planning Commission. 2. Variance in Site Area .- Bainter Avenue Area The Secretary advised that the application for a variance to allow sites of less than an acre in the Bainter Avenue area had been denied by the County Planning Commission. -6- Plannin~ Commission Minutes - Ma~ch 8~ 1965 ~ Coptinued VII. B. C-80 - p~ar~pce W. Neale, Sarato~a-Sunnyva.l~ Road - City Council Request for Clarification of Condition No. 3 The Secretary advised that the City Council had requested clarification of the Coramissionrs intent with reference to use of the existing residence, covered by Condition No. 3 of the Commission recommendation relative to C-80. After discussion Chairwan Norton advised, with concurrence of the Commissio~, that it was the intent of the Commission to recommend that the applicant be permitted permanent use :of the existing residence as a shop subject to com- pliance with Building Code requirements and park~n3 requirements. VIII. COMMIJNI. CATIONS A. NRITTEN 1. SDRF46? - ~oVce H@ndry, CanTon View Drive - Request for Extension The Secretary advised that Mr. Hendry had submitted a letter request- ing an extension of one (1) year in connection with SDR-467. After discussion Commissioner Crisp moved, seconded by Commissioner Kellum, that an extension of 30 days from the present date of expiration be granted in connection ~lth SDR-467 to allow adequate time for a review of the conditions before takinS action on the re- quasi for an extension of one (1) year; motion carried unanimously. 2. SDR-477 - Paul E. Fiddes, Three Oaks ~y - Request for Extension The Secretary read'a letter from the applicant requesting an extension in connection with SDR-477. After discussion Commissioner Crisp moved, seconded by Commissioner McFall, that an extension of one (1) year from the present date of expiration be granted in connection with SDR-477 subject to addition of the following condition: "Underground htilities required from pole nearest home." Motion carried unanimously. 3. SDi48~ -John. Antonuccio, Brandywine Drive ~ Request for Extension The Secretary advised that a request had been filed for an extension of one (1) year from the present date of expiration be granted in connection with SD-~81 as requested; motion carried unanimously. VIII. B. ORAL : IX, ADJOIIRNMENT Chairman Norton declared the meeting adjourned at 11:19 P.M, Respectfully submitted, '/. ! Stanley M. Walker, Secretary