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HomeMy WebLinkAbout06-28-1965 Planning Commission Minutes SD)~2aARY OF MINUTES CrAzY OF SARATOGA PL:,!NiNG COE.IiSSION Ti)Z: Monday, june 28, 1965, 7:30 P. ~. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California ~E: Regular ~et~ I. ROUTINE ORG~IZATIO~I ~e meeting was called A. ROLL Cj~L Present: Co~isSioners Crisp, Kellum, McFaii, Norton and O'Rorke. Absent: Co;i~issioners Cowiey and WriSht. B. M l ~j ~ S Comnissioner Crisp moved, seconded by Co~_missioner Keilum, ~hat the reading of the minutes of june 14, 1965 be waived and that the rainutes be approved subject ~o the following modification: Pare 8...item Iii-E...Paragraph 2...Change =he co~ at the end of line 2 (after the word "Church") ~o a period and omit the rest of the paragraph. Moti3n carried unan!-aousiy. "7 PUBLIC Chai~zn ~j'~'-='-o" declared Dubiic ~.ea'~'~ o:=en for the evening a" 7:33 P.M. A. C-83 - EzmiiCon Developmenu Corporation~ Pierce Road - Request for Change oz Zoning from R 40 000 (Single Family Residential) to =R-!-40,000 P-C': (Single Family Residensial Planned Com- munimv) - Conuinued from June 14~ 1965 Con~nissioner Crisp recor,~ended Char ~his application be continued until the 'zezz regular m~eting since i~ was s~iI1 under study by Mr. Lackey an~ ~hc Subdivision Co~ittee. Chairman Norton so directed. -1- Planning Cor~'mission Minutes - June 28, 1965 !I. B. C-85 - Lonm Serep;_ Development Company, inc., Prospect Road - Request for Change of Zoning from "A" (Agricultural) to "R-!-10,000~' (Single Family Residential).- Continued from June 14~ 1965 ~he Secretary briefly reviewed this application and read a letter from t!le Southern Pacific Company indicating that they felt a public cros- .-sing at the proposed location would fill no present need and would bene- fit no one. _~ha letter further stated that, on this basis, such a pro- posed crossing would be opposed by the Southern Pacific Company. Mr. Sheehan.~ representing the applicants advised that Mr. St. Claire of Southern Pacific had told him he felt 1) ~qhi!e there would probably be no particular objection to the proposed crossing~ it would no doubt be opposed at this t~ae because there was no particular need for it at the present and 2) the street should be stubbed at the railroad and ~he request r?~de again at a later date when the property beyond was actually being developed. in answer to a question from Co~issioner Crisp, Miles Rankln advised that he had been u~b!e to establish ~he status of the right-of-way for the ~xisting crossing. Commissioner Crisp, on bahaif of the Subdivision ConP..ittee, reconm~ended that C-85 be continued until ~he next regular meeting to allow addi- Eiop~l time ~o try to ~ork out a so!uKion to this problem. Chai_np~n Rotten so directed. C. C-87 - M.V~S~ Co~any, Saratoga Avenue - Request for Change of Zoning from :'A" (.~ricu!~ura!) ~o :'R-M-4,000 P-C': O~itip!e Residential ~ienned Co.._.~r~unitV At Ehe request of Dr. Abrems and with the concurrence of the Com~aission, Chairman Norton deferred the hearing on C-87 until the end of the public hearing agenda. D. C-88 - Finnegan Construction Company~ inc.= Wardell Road - Request for Chan~e of Zoning from "R-l-!5,000:' and ':R-1-~.0,000" (Single Family Residential) to "R-!-20,000': (Single Family Residential) Z~e hearing on C-88 was opened at 7:45 P.M. The Secretary advised that a Notice of Hearing had been published and read !) a comr, unication pro- testing the proposed change of zoning and requesting review of a peti- tion filed in protes~ of a previous application on this property signed by A!~xander l. jett~ jean Preston jett~ Shirley ~. Diemar, Douglas Diemar and D. F. Diemar of Wardell Road and 2) a con~nunication signed by eight (8) residents of the Foothill Lane-Pierce Road area protestipG the proposed change of zeAing and again requesting review of the 127- signature petition previously filed in connection with the subject property. -2- Planning Commission Minutes - June 28:1965 ~i. D. C-88 - Finhelen Construction Company, Inc. Miles Rankin, representing the applicant, observed 1) the previous application for change of zoning on this property requested ::R-!-12~500" zoning 2) the subject request for change of zoning would .not increase the density over that of the existing zoning on the pro- ..party since only 27 lots are p~oposed for the 19 acres 3) the proposed half-acre lots would provide a gradual transition from the :'R-1-12,500" zoning to the !;R-!-40,000~! zoning and 4) the proposed change of zoning would permit the developer co establish one price category for his hoPes in lieu of the two that would be required under the existing zoning. in answer to a question raised by Mr. Ottenberg, Chairman Norton di- rected tb~t the !27-signature petition filed in protest of the previous request for change of zoning on this property be considered a part of the file on the subject application for change of zoning insolaf as it is relevant. After further discussion, Chairm. an Norton directed C-88, Finnegan Con- struckion Cor~pany, inc., continued until the ~eting on July 12, 1965 and referred s-~m_e to the Subdivision Con~=~.itzee for study and a report at that time. E. b1~-83 - Santa Clara County Library ComT=ission - Request for Use Permit for Brancl'! Library a~ Quite SheDDing Canter The p~oiic l~earing on UP-83 ~s opened at 8:04 P. M. The Secretary advised t~at Notices of Hearip~ were mailed and there were no written communications on file. George Fartier, County Librarian, advised uhat the County Library Conmission had obtained a ten year lease with a five year option on ~his proposed building in the Quite Shopping Center axed that the buii- ding would be built accord ing to County specifications. Mrs. Jamison and Mr. Olmar of the Quite area spoke in support of the subject application and advised that a branch library was badly needed in this area. After further discussion, Chairm..an Norton directed UP-83 continued until the n~=t regular meeting and referred s~e to the Subdivision Co~.ittec for study apj a report at that time. -3- Planninz Conmission Minuues - june 28~ 1965 iI. F. UP-8~.- Saratoga Union School District, Via Escue!a Drive - Request for Dse Peanit for Elementary ~' ~ool (Congress SDrir~s School) The public hearing on UP.-8~- was opened at 8:09 P. M. The Secretary advised that Notices of ~iear~n~ ;~a-'~ been ~]ed and there were no written communications on file. He further advised 1) the subjec~ ,'school had already been constructed and 2) the subject application was filed in con~!iance with Ordinance NS-3 when it was realized that it had previously been overlooked. ~ere ~.ms no one present who wished to conmnent with regard to this matter.' After discussion Cori~issioner Crisp moved, seconded by Commissioner l,XcFall, that the hearing on DP-SI~ be closed; motion carried unanimously and the hearin~ was closed at 8:13 P. ~!. Conm~issioner Crisp moved~ seconded by Con~aissioner McFa!I, that UP-84, Saratoga Union School Disurict, application for Use Permit for Congress Springs Schooi~ be granted subjecd uo Building Site Approval and Design Approval; motion carried up~nimously. G. V-260 - Haven Nursery, Saratoga-Sunnyvaie Road - Request for Variance to allow Expansion of Legal Non-Confo~in~ Nursery '~e public hearing on V-260 was ooened at 8:14 P. M. ~e Secretary advised that Notices of Hearing had been mailed and there were no written co..~_nunications on file. ~e then explained !) the subject application covers approximately ~hree acres behind uhe original Haven Nursery 2) the nursery is a legal non-conforming use 3) the present o~ner acquired the nursery and the subject three acres approxi~ate!y a ~ ~ ...... 'year and a n=_~ ace a~ expanded ~h~ nursery into the additional pro- perty a~ thee t~e 4)' the Court supported the City of Saratoga and ordered that ~he nursery be reduced to izs original size by August of ~his year and 5) the e~.m:er is now in the process of reducing the size of the nursery and is requesting a variance to allow lena! expansion inzo che additior~! three acres. Ross ~a~a~o'"e o~.Tner of the Haven Nursery, lqas present to discuss this matter with ~he Conmission, and advised that the subject property was aln~st con~.letely screened ~-?ith shrubbery at this time. John Turner of I~ardei1 Court opposed the granting of this variance on the basis of uhe use of Wardel! Court as access for trucks ar~ semi- trailers. Planning, Co~f~ission Minutes - June 28.. 1965 t!. G. V-260 - Haven F~rserv Mr. Paretore ergiained that the 40 foot access off Wardell Court was b!ccked and had not been used as vehicular access for more than a year. He further explained that he does not propose to use this ac- · cess in conduction with future operation of the p~rsery. Andre Bogart, ~rdelI Road, spoke in support of the proposed expan- sion on the basis that i5 is the best use of ti~e land. Douglas Darling of Wardell Court stated that he was in favor of the granting of the subject application providing that cans and other ~teria!s were not allowed to accumulate on the property. George Engstrom of Carhie! Avenue stated that he was in favor of the proposed expansion providing there would be no access from Wardell Cour~ apj materials were not allowed to acct~late on the property. After further discussion, Chairm~n Norton directed V-260, M~ven Nur- sery, continued until the meeting on July 12, 1965 and referred same to the Variance Cor,~aituee for study ap~ a report at that time. C. C-87 - MoVoSo Cgf~?eny~ Saratoga Avep?ae - Reques~ for Change of Zoning from "A" (Agricultural) to ':R-M-4,000 P-C~ (Multiple Residen- tial Planned Corf,~unitv) ~qe hearing on C-87 was opened at 8:30 P. M. ~e Secretary advised that a Notice of Hearing had been published end read co~3anications from !) Mrs. Fes Jm:!es 2) Mrs. Louise jones and 3) Mrs. Dorothy Parker filed in support of this application. Dr. Abrams presented color slides of ~he proposed development advised l) ~he subject property had been bough~ (together with o~her property which has since been sold to Paul }~sson) in an effort to control the enviror~ment of the Medical Village 2) in considering the needs of the co~anity to try to detenz:'.ne the best development of the preparty, it was found =hat while there seemed to be sufficient homes for growing f~mi!ies, there appeared to be a need for a develop- ~nt of this uype for adults whose families were groom ap~ who still wanted quality but without the maintenance of a hon~ 3) research revealed that mnny such people were leaving Saratoga because of the lack of such a development 4) they were striving to provide such an ep3~irop~ent with open space~ privacy and the individuality of a home 5) the location scans appropriate since the property is isolated by the railroad on the south, the creek on the w~st, ~he Medical Village on the north ap~ Paul M2sson on the east 6) s~iler units would be -5- Plannin~ Conmission Minutes - June 28, 1965 !i. C. C-87 - M.V.So Company provided in the larger bui!dir. L~ in the background and tradiLionai tox.m houses for adult families in the smaller Buildings 7) a com- munity building with a dining room and a pool would be provided at the entrance 8) the dining room would serv'e residents only 9) the · 'units would rent from $175 to $350 (approxi~tely) !0) thirty to forty units would be developed first, then additional units as the demand m~Leriaiized and ~) a total of approximately 175 units were planned for the 17 acre parcel. Dr. ,-Robert O'Neill spoke in suppor~ of the subject application and stated that he felt the proposed dave!opment would be an asset to Saratoga. Messrs. Conrad Fischer and Carl Peters o2 the Eichler Subdivision opposed the subject change oZ zoning on the basis of an increase in density. A show of hapjs indicated that many of those present (approximately 30 to 35) were interested and had ateended in support of the sub3ect application. Co~issioner Crisp sFggested that the Planning Cotmission and City Council hold a joint study session to discuss the subject application. After further discussion, Chairman Norton i) directed C-87 continued until the meeting on july 12, 1965 2) requested that the Secretary arrange a date for a joint study session of the Commission and Council and 3) referred C-87 to the Subdivision Co~L~ittee for study and a repor~ at the next regular meeting. RECESS ~D .RECONI~NE Sb~DiVIS~ONS ~D BUILDING SITES A. SD-567 - Lonm Serene Development Company, Prospect Road - Subdivision - 55 Lots - Continued from June 14, 1965 Commissioner Crisp !) advised that the question of obtaining access across the railroad to the property beyond still existed and 2) suE- gested that, for this reason, SD-567 be continued until the next regu- lar meeting. Chairm..an Norton so directed. -6- PianninZ Co~aission i4inutes - June 28~ 1965 iit. B. SD-569 - Hamilton Development Corporation, Pierce Road - Subdivision - 65 i,o~s - Conuinued from june !4, 1965 Ce..~aissioner Crisp advised that the Corzmittee report was not ready since Mr. Lackey had not co~...~pieted his review and analysis of the proposed plannee co~E=mnity. ..in view of the foregoing, Chairn~n Norton directed SD-569~ i~milton Development Corporations continued until the meeting on July 12, 1965. C. SDR-574 - john Kirkpatrick, Pike Road - Bui~ing Site Approval - 1 Lot Continued from june 14~ 1965 ~le applicant was present and advised that the }!eaith Department had run percolation ~ests ~hat a~ernoon. lie requesued that this matter be continued until a repor~ could be obtained from the Health Department. On ~he bzsis of this request, Chairm~n brton directed SDR-574, John Kirkpatrick~ continued uncii the nsx~ regular meeting. D. SDR-576 - ~'/alter ~i!~n~ Madtone Hill Road - Bniiding Site Approval - 1 Lot - Contipped from june 14, 1965 T{~a applican~ was no~ present. it was m~ved by Co~aissioner Crisp and seconded by Co~nissioner McFaii ~hat ~he Building Site Cominittee Report of june 14~ 1965 relative to SDR-576, Walter Hiiem~n~ be adopted and that ~he tentative map (Exhi- bit ::A':~ filed june 4, 1965) be approved subject Eo ~he conditions set forth in said report; ~netion carried unanimously. E. SDR-5?9 - Richard W. Rutowski: Sobay Road - Building Site Approval - 2 Lots ~ne Secretary recom~.~nQed that thi~ e~p!ication ba continued to allow ~im~ for consultation wi~h ~he Health Department in regard to septic ~a~c approval. On the basis of ~his recor=~endation, Chait~-r~n Norton directed SDR-576 continued until the meeting on july !2, 1965. F. SDR-580 - Santa Clara County Library Com~2ission - Building Site Approval i Lot ~ Ouito ShODDin~ Center Co,~z~lissioner Crisp rec~r~endcd that SDR-580 be continued until the nex~ regular meeting since the Use Pen~it app!ica~ion filed in conjunction with this matter had been continued until that time. Chaiz~-p. an ~orton so directed. -7- Plannin~ Commission Minutes - June 28~ 1965 Ili. G. SDR-581 - Helen K. Rayburn, Big Basin Way - Building Site Approval - ~ Lot The applicant was not present. Commissioner Crisp moved, seconded by Commissioner Kellum, that the ,Building Site Cou~nittee Report of June 28, 1965 relative to SDH-581, · 'Helen K. Rayburn, be adopted and that the tentative map (Exhibit filed June 21, 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. SDR-582 - Saratoga Union School District, Via Escuela Drive - Building .~ite Approval - 1 Lot Warren ~eid, architect, was present to represent the applicant and requested that this matter be continued until the next regular meeting to allow time for him to discuss the proposed conditions of approval with the applicant. Chairman Norton so directed. I. ~DR-583 - Dr. Robert B. Richards, Sobey Road - Building Site Approval - 1 Lot Warren Heid was present to represent the applicant and observed that it would be a tremendous hardship for his client to meet the condition requiring improvement of Sobey Road in view of the amount of fill that would be needed. After further discussion of this matter, Chairnmn Norton directed SDR-583 continued until the next regular meeting to allow time for Mr. Heid and the applicant to discuss this mazter further with the Building Site Committee. VII. A. ~DR-565 - Robert F. Plane, Douglas Lane - Request for Reconsiderazion Continued from June 14, 1965 Commissioner Crisp read the report of the Building Site Committee rela- tive to the applicant's request for reconsideration, recommending modi- fication of Conditions II-C and II-F of the conditions of approval. The applicant was present to discuss this matter with the Commission and expressed satisfaetion with the proposed modifications. Commissioner Crisp moved, seconded by Commissioner Kellum, that the report of the Building Site Committee of June 28, 1965 relative to SDR-565 be approved and forwarded to the City Council as the reco~m~en- dation of the Commission; motion carried unanimously. Plannin~ Commission Minutes - June 28~ 1965 VIII. A. SDR-568 - D. R. Monroe, Paul Avenue - Request for Reconsideration The applicant was present to discuss the proposed modifications with the Conmission and stated that the offe~ of dedication presented a problem with respect to the mortgage company. I{e explained that the mortgage company that now holds the 16an on the property has control .and will not sign the offer of dedication. After further discussion of this matter, Chairman Norton directed this request continued ~ntil the meeting on July 12, 1965 and reques- ted that the applicant obtain a statement in writing from his mort- gage company. IV. pESIGN REVIEW A. A-184 - Mijo Corporation, Saratoga-Sunnyvale Road - Preliminary Design Review- Commercial BuildinM - Continued from June 14, 1965 A. J. Menard, architect, was present to represent the applicant and explained 1) the building being moved onto the rear of this property would have a new exterior 2) the existing garage operation on the front of the property will move into this building 3) the existing service station use (which is incidental to the garage) will also be moved to this building and 4) the building now housing the garage will remain at this time. After discussion Conmissioner O'Rorke moved, seconded by Conm~issioner Kellum, that preliminary design approvalbe granted A-184, Mijo Cor- poration, for a corm~ercial building as shown on Exhibit "A"; raotion carried unanimously. B. A-185 - Santa Clara County Library Commission - Preliminary Design Review - Branch Library Buildinn - quito ShoppinE Center Commissioner O'Rorke requested that A-185 be continued for further review inasmuch as the Use Permit application and Building Site appli- cation had been continued. On the basis of this request, Chairman Norton directed A-185 contin- ued until the meeting on July 12, 1965. C. A-186 - Saratoga Union School District, Via Escuela Drive - Final pesi~n Review - Elementary School (Con.gress Sprin~s School) Commissioner O'Rorke advised that the Conmittee had reviewed the plans for this school and had found them satisfactory, but suggested that A-186 be continued until the next regular meeting in view of the request (by Mr. I{eid) that the Building Site Approval application be continued. Chairman Norton ~o directed. -9- Plannin~ Commission Minutes - June 28, 1965 IV. D. A-187 - Saratoga Baptist Mission, Saratoga Avenue - Final Design Review - Sign Commissioner O'Rorke advised that the proposed sign met all requirements of the Ordinance. " .It was moved by Con~nissioner O'Rorke and seconded by Commissioner Kel- ..lum that final design approval be granted A-187, Saratoga Baptist His- slot, for the sign shown on Exhibit "A"; motion carried unanimously. Con-~issioner McFall, in answer to Chairman Norton's request, advised that he would happy to work with Commissioner O'Eorke on the Variance Committee. V. CITY COUNCIL REPORT Chairman Norton gave a brief report on action taken by the City Council at the meeting on June 16, 1965, with emphasis on items of particular interest to the Commission. Chairman Norton extended a welcome to Councilman Tyler and to Mrs. Parker and Mr. Lewis of the Good Goverranent Group, and expressed appreciation for the cof- fee served by Mrs. Parker at intermission. VI. NEW BUSINESS A. County-Wide Census The Secretary read a communication from the City Administrator 1) explaining that the County is planning a County-wide census and 2) advising that the Council had requested a recommendation from the Commission as to whether the City of Saratoga would be willing to participate at an est~nnted cost of $3,500. The Secretary advised that the census could be beneficial to the Plannin~ Department since it would give accurate population count and other information helpful for plannin~ purposes. After discussion Chairman Norton directed this matter continued until the next regula~ meeting and referred same to the General Plan Committee for study and a report at that time. B. General Plan Review Chairman Norton =eriewed with the Commission a communication from l~ayor Glennon suggesting that the Commission proceed with a typical annual review of the General Plan as soon as practicable and post- pose the full-scale five year review until the West Valley Junior College location has been settled. -10- Plannin~ Commission Minutes - June 28, 1965 VI. B. ~eneral Plan Review In compliance ~th the Mayor's request and with concurrence of the Commission, Chairman Norton directed that the General Plan Commit- tee proceed with plans for a typical annual review of the General Plan. C...~roposed Ordinance NS-5.9 The Secretary advised of a possible need for an amendment to 0rdi- hence NS-5 with respect to site approval requirements and excep- tions thereto. He explained 1) the Ordinance now excepts altera- tions, additions to and expansion of the main structure on the site 2) in some instances this has allowed people to, in effect, build new homes without being required to obtain site approval 3) the City Attorney feels that this section of the Ordinance should be clarified 4) the Planning Department feels that building site approval should %e required when the percentage of alteration, addi- tion to or expansion of the main structure exceeds 50% and 5) the Staff would like the Subdivision Committee to review the matter and submit an opinion. Chairman Norton directed this matter continued until the next regu- lar meeting and referred same to the Subdivision Committee for study and a report at that time. D. 9eor~etown Subdivision The Secretary advised that in compliance with a condition imposed in connection with approval of the tentative map, a map showing the pro- posed unit division of the Lindsay (Georgetown) Subdivision had been submitted for the approval of the Subdivision Committee and the Plan- ning Director. The Chairman referred this matter to the Subdivision Conmlittee and the Planning Director for review and the necessary action. VIII. COMMUNICATIONS A. WRI'rrEN 1. UP-63 - Faith Bible Chapel, Big Basin Way - Request for Cancel- lation of Use Permit The Secretary read a letter from Mr. George R. Latham, Board Chairman of the Faith Bible Chapel, expressing appreciation ~o the City of Saratoga for the courtesy extended during their stay in Saratoga, and requesting cancellation of their Use Permit since they were relocating in another state. -11- Planning Commission Minutes - June 28~ 1965 VIII. A. 1. UP-63 - Faith Bible Chapel Chairman Norton referred this communication to the Staff to deter- mine what action, if any, was required. .2.1 SDR-450 - Jerry Kocir, Marion Road - Request for Extension The Secretary 1) read a communication from Jerry Kocir requesting an extension in connection with SDR-450 and 2) explained that approval of the subject tentative map had ~pired October 14, 1964. Commissioner Crisp observed that the Planning Commission policy had been to deny requests for extension in cases where approval of the tentative map had already expired when the request was made. Commissioner O'Rorke moved, seconded by Commissioner Kellum, that the request for extension in connection with SDR-450 be denied since approval of the tentative map had expired; motion carried unanimously. IX. ADJO~T Chairman Norton declared the meeting adjourned at 10:45 P. M. Respectfully s~.~ted ,' /,? , Stanley M. 'Wal~er, Secretary Saratoga Planning Commission -12-