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HomeMy WebLinkAbout09-13-1965 Planning Commission Minutes SUI~tARY OF MINUTES CITY OF SARATOGA PLANNING COMMISSION TIME: Monday, 13 September 1965, 7:30 P. M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE OKGANIZATION The meeting was called to order by Chairman Norton at 7:32 P. M. A. ROLL CALL Present: Commissioners Cowley, Crisp, Kellum, McFall, Norton and O'Rorke. Absent: Comissioner Wright. B. MINUTES Cormnissioner McFall moved, seconded by Connnissioner Crisp, that the reading of the minutes of 23 August 1965 be waived and that the minutes be approved as submitted; motion carried unanimousIy. It was m~ved by Commissioner Crisp and seconded by Commissioner Cowley that the reading of the minutes of the special meeting held 16 August 1965 (for the purpose of reviewing the General Plan) be waived and that the minutes be approved as submitted; motion carried unanimously. II. PUBLIC HEARINGS Chairman Norton declared public hearings open for the evening at 7:36 P.M. A. C-83 - Hamilton Development Corporation, Pierce Road - Request for Change of Zoning from "R-i-40,000" (Single Family Residential) to "R-i-40,000 P-C" (Single Family Residential Planned Com- munity) - Continued from 23 August 1965 The continued hearing on C-83 was resumed at 7:37 P. M. The Secre- tary advised that nothing further had been added to the file. Cormnissioner Cri~p advised 1) the Subdivision Committee had met with the applicant and the planning consultant 2) the planning consultant had, at this time, submitted material for the applicant to study 3) it was agreed that the applicant, after reviewing this material, would request a meeting with the Subdivision Co~nnittee to discuss this mat- ter further and 4) to date, the applicant had not requested an ap- pointment with the Committee. -1~ Plannin~ Commission Minutes - 13 September 1965 II. A. C-83 - Hamilton Development Corporation The Secretary advised that the extension of time for action on the tentative map filed in conjunction with this application would ex- pire 15 September 1965. He further advised 1) he had informed the applicant's representative of this situation 2) it was his under- standing that a letter granting a further extension of time would be filed prior to the meeting or a representative would be present at the meeting and 3) the letter had not yet been received and the ap- plicant's representative had not yet arrived. In view of the foregoing, Chairman Norton (at 7:40 P. M.) deferred further hearing on C-83, Hamilton Development Corporation, until the end of the public hearing agenda. B. C-87 - M.V.S.Company, Saratoga Avenue - Request for Change of Zoning from "A" (Agricultural) to '~-M-4,000 P-C'~ (Multiple Residen- tial Planned Conununiey) - Continued from 23 August 1965 The public hearing on C-87 was not re-gpened at this time since 1) this application had been continued with the applicant's permis- sion pending further developments with the review of the General Plan 2) no reconunendations had yet been made in connection with the General Plan review and 3) there was no one present who wished to econmxent with regard to this matter. Chairman Norton directed C-87, M.V.S.Company, continued until the meeting on 27 September 1965. C. C-8~ - Finnegan Construction Company, Inc., Wardell Road - Request for Change of Zoning from "R-l-15,000" and"R-1-40,000" (Single Family Residential) to "R-I-20,000" (Single Family Residential) Continued from 12 July 1965 The continued hearing on C-88 was resumed at 7:41 P. M. The Secre- tary read 1) a letter from Mr. Finnegan requesting that this appli- cation be withdrawn and 2) a communication from Miles Rankin reques- ting that discussion of this matter be continued since the subject property had been sold and a new application {~ould be filed. The Se- cretary stated that he had consulted the City Attorney and had been advised that unless Mr. Finnegan would transfer his application rights to the new owner of the property, further discussion should be defer- red until a new application had been filed and a Notice of Hearing had been published. In answer to a question from Chairn~n NorSon, Mr. Rankin advised that Mr. Finnegan had not transferred his application rights to the new -2- Plannin~ Cormnission Minutes - 13 September 1965 II. C. ~-8~ - Finnegan Construction Company~ Inc. owner of this property. In view of this, Chairman Norton then ruled that further discussion would have to be withheld until a formal ap- plication had been filed and a notice had been published. Coaanissioner Crisp then moved, seconded by Connissioner O~Rorke, that Finnegan Construction Corapany, Inc. be allowed to withdraw C-88, ap- plication for change of zoning on Wardell Road; motion carried unanimously. D. C-90 - Town and Country Realty, Cox and Saratoga Avenues - Request for Change of Zoning from "A" (Agricultural) to "P-A" (Pro- fessional-Administrative) - Continued from 23 August 1965 The continued hearing on C-90 was re-opened at 8:48 P.M. The Secre- tary presented a perspective of the proposed professional building. Ty Papalias was present to represent the applicant, but stated that he had no further comment at this time. There was no one else present who wished to speak with regard to this matter. Commissioner Crisp read the report of the Subdivision Committee rela- tive to C-90, recommending denial of same. After further discussion, it was moved by Commissioner Crisp and seconded by Cor~nissioner McFall that the hearing on C-90 be closed; motion carried unanimously and the hearing was closed at 7:54 P. M. Co~issioner McFall moved, seconded by Commissioner Kellum, that the report of the Subdivision Committee relative to C-90, Town and Country Realty, reconnending denial of this application, be approved by the Cormmission and forwarded to the City Couucil as the recommendation of the Commission; motion carried unanimously. E. C-91 - Clara M. Stamper, Anza Drive - Request for Change of Zoning from "A" (Agriculture) to '1-1-12,500 P-DI' (Single Family Resi- dential Planned Development) The public hearing on C-91 was opened at 7:56 P. M. The Secretary advised that a Notice of Hearing had been published and there were no written communications on file. Joe Sweany, engineer for the applicant, explained that P-D zoning was not needed in connection with development of this property and had been requested for the sole purpose of providing uniform zoning for the area in question. -3- Plannin~ Commission Minutes - 13..Septembe~ 1965 II. E. C-91 - Clara M. Stamper There was no one else present who wished to con~nent with regard to this application. After discussion, Chairman Norton (at 8:04 P.M.) directed C-91, Clara M. Stamper, continued until the meeting on 27 September 1965 and referred same to the Subdivision Committee for study and a re- port at that time. P. General Plan - Annual R~view - Continued from 23 August 1965 The continued hearing on the General Plan was resumed at 8:05 P. M. Carl Peters, DeBaviland Drive, stated 1) he wished to withdraw his previous objection to the M.V.S.eompany proposal for a multiple planned community development on Saratoga Avenue and 2) after fur- ther study he felt that this proposal would be an appropriate develop- ment for this property. Conrad Pischer, DePIaviland Drive, stated that he, too, would like to conditionally retract his previous objection to this proposal. He explained that he would object to this project if it was proposed as strictly a senior citizen development, but would not object otherwise. Commissioner Kellum 1) advised that the General Plan Committee Re- port had been completed and 2) summarized the reco~n~endations con- tained in the report. It was n~ved by Commissioner Cowley and seconded by Commissioner Kellum that the public hearir~ on the General Plan be closed; motion carried unanimously and the Chairman declared the hearing closed at 8:18 P. M. Corm~issioner Crisp moved, seconded by Commissioner MoPall, that the General Plan Con~ittee Report on the annual review of the General Plan be approved and forwarded to the City Council as the recommenda- tion of the Commission; motion carried unanimously. G. ,UP-89 - St. Andrews Episcopal Church, Saratoga and Crestbrook Avenues Request for Use Permit for General Church Use - Continued from 23 August 1965 The continued hearing on UP-89 was resumed at 8:19 P, M. The Secre- tary advised that nothing further had been added to the file. Commissioner McFall read the report of the Subdivision Cor~nittee relative to UP-89,-recommending approval of same. Planning Comnission Minutes - 13 September 1965 II. G. UP-89 - St. Andrews Episcopal Church It was noted that Commissioner Crisp, because of his affiliation with the Church, had abstained from participation in the Subdivi- sion Committee study and report. Comnissioner McFall called the Commission's attention to the spe- cifics mentioned in the Subdivision Committee Report and advised that they were included only as a matter of information, not as conditions of approval. After discussion, it was moved by Commissioner McFall and seconded by Commissioner O'Rorke that the public hearing on UP-89 be closed; motion carried and the Chairman declared the hearing closed at 8:26 F. M. Commissioner Kellom moved, seconded by Commissioner O'Rorke, that the Subdivision Committee Report of 13 September 1965 relative to UP-89 be approved and that the Use Permit be granted as set forth in said report; motion carried with Commissioner Crisp abstaining. N. UP-90 - Fred N. Cummings, Saratoga-Sunnyvale Road - Request for Use Permit for a Rental Service Business The public hearing on UP-90 was opened at 8:28 P. M. The Secretary advised that Notices of Nearing had beennmailed and there were no written communications on fiIe. There was no one in the audience who wished to comment with regard to this matter. Commissioner Crisp explained 1) the Subdivision Committee felt that the proposed use was a very desirable conmunity service which, at the present time, did not exist within the City of Saratoga 2) upon the reconunendation of the Subdivision Committee, the Com- mission had recently added "Equipment Rental Service" as a condi- tional use in the Commercial Service Zone and 3) the subject appli- cation for a Use Permit had been filed in accordance with this action. Ne then read the report of the Subdivision Conmittee relative to this request, recommending that sane be approved. It was moved by Con~nissioner Crisp and seconded by Commissioner O'Rorke that the hearing on UP-90 be closed; motion carried unani- mously and the Chairman declared the hearing closed at 8:36 P. M. Commissioner Crisp moved, seconded by Commissioner O'Rorke, that the report of the Subdivision Committee dated 13 September 1965 relative to UP-90, Fred N. Cummings, be approved and that the Use Permit be granted subject to the conditions set forth in said report; motion carried unanimously. -5- Pl~nnin~ Commission Minutes - 13 September 1965 II. A. C-83 - Hamilton Development Corporation~ Pierc~ Roa~ Since a representative from Hamilton Development Corporation still had not arrived, Chairman Norton deferred further hearing on C-83 until after recess. RECESS AND RECONVENE II. A. C-83 - Hamilton Development Corporations Pierce Road The continued hearing on C-83 was resumed at 9:00 P. M. Chairman Norton explained that further hearing on this matter had been post- poned on two occasions earlier in the meeting to await the arrival of a representative from Hamilton Development Corporation, who still had not arrived. Commissioner Crisp 1) explained that the time for action on the tentative subdivision map filed in conjunction with the subject change of zoning application would expire on 15 September 1965 2) observed that the Commission, under the circumstances, had no choice but to deny the application since the map on file was not satisfactory and did not comply with zoning requirements and 3) re- commended that this matter be denied without prejudice so that the application could be re-activated if the applicant so desired. During the discussion that followed, Commissioners Crisp and Kellum gave a brief resume of reconu,endations made by Mr. Lackey (Planning Consultant) with reference to this matter. Chairman Norton then re- quested that the Secretary arrange for a written report or oral presentation of Mr. Lackey's study and analysis for the entire Com- mission since the information would be of great value in the future. Commissioner Crisp moved, seconded by Commissioner Kellum, that both C-83 (application for change of zoning) and SD-569 (application for subdivision approval), Hamilton Development Corporation, be denied without prejudice; motion carried unanimously. III. SUBD.IVISIONS. ~ B.U~.L. DING SITES A. ~D-569 - Hamilton Development Corporation, Pierce Road - Subdivision ~ 65 Lots - Continued from 23 August 1965. See Item II-A above. -6- Plannin~ Commission Minutes - 13 September 1965 III. B. SDR-591 - James F. Jones, qui~o Road - Buiidin~ Site Approval - 2 Lots Commissioner Crisp recommended that SDR-591, James F. Jones, be con- tinued until the next regular meeting pending a report from the Flood Control District relative to this application. Chairman Norton so directed. C. SD-592 - Western Hills Investment Company, Pierce Road - Subdivision - 26 L~ts Commissioner Crisp advised that the Subdivision Con~nittee had reques- ted that site development plans be submitted, so recon=nended that this matter be continued to allow adequate time for preparation of these plans. Chairman Norton directed SD-592, Western Hills Investment Company, continued until the meeting on 27 September 1965. D. SDR-593 - Rolston Johnson, Pierce Road - Buildin~ Site Approval - 1 Lot Commissioner Crisp recommended that SDR-593, Rolston Johnson, be con- tinued until the next regular meeting since the Committee had requested that a site development plan be submitted. Chairman Norton so directed. E. SDR-594 - Dr. Robert S. Cox, Jr., Pike Road - Building Site Approval - 1 Lot The applicant was not present. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 13 September 1965 relative to SDR-594, Dr. Robert S. Cox~ Jr., be adopted and that the tentative map (Exhi- bit "A", filed 3 September 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. F. SDR-595 - Lawrence R. Yegge, Mendelsohn Lan~ - Building Site Approval - 1 Lot The Building Site'Committee R~port relative to ~-~95 was amended~ with concurrence of the Committee, to require underground utilities from the nearest pole. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Con~nittee Report of 13 September 1965 relative to SDR-595, as amended, be adopted and that the tentative map (Exhi- bit "A", filed 3 September 1965) be approved subject to the conditions set forth in said report; motion carried unanimausly. -.~ Planning Commission Minutes - 13 September 1965 Chairman Norton extended a welcome to Councilman Burry and to Mesdames Owens and Parker and Mr. Smith of the Good Government Group. He also expressed appreciation for the coffee served by Mesdames Owens and. ~arker at recess. IV. DESIGN REVIEW A. A-152 ~ Wellairs, Inc., Prospect Avenue - Final Design Approval - Con~nercial Building - Continued from 23 August 1965 Commissioner Cowley advised that the parking problem had been worked out satisfactorily and it was the recommendation of the Design Review Committee that the subject application be approved. After discussion~ it was moved by Commissioner Cowley and seconded by Commissioner O'Korke that A-152, Wellairs, Inc., be granted final design approval for the commercial building as shown on Exhibits "A-2" and ~'B" with the exception of the sign which is subject to further design review; r~otion carried unanimously. B. A-193 - Prince of Peace Lutheran Church, Saratoga Avenue - Preliminary Design Approval ~ Addition Commissioner Cowley advised that the Committee had reviewed the sub- ject plans and preliminary design approval was recommended subject to 1) the applicant's providing additional parking and 2) the east-west access road to Saratoga Avenue being incorporated into the final plans. After discussion, it was moved by Commissioner 8owley and seconded by Commissioner O'Rorke that preliminary design approval be granted A-193, Prince of Peace Lutheran Church, as shown on Exhibit "A" subject to 1) provision of two parking spaces for each five seats in the church and 2) incorporation of the access road (running east-west) into the final plans; n~tion carried unanimously. C. A-194 - University Pre-School, Big Basin Way - Final Design Approval - ~;sery School .... Comissioner Cowley advised that the Committee had reviewed the sub- ject plans and found them satisfactory. He explained that the struc- ture and parking are existing and the landscaping, including a five- foot planting area alonE the property line adjacent to the school which was requested by the Committee, has been shown on the plans. After discussion, it was moved by Commissioner Cowley and seconded by Comissioner O'Rorke, that final design approval be granted A-194, University Pro-School, as shown on Exhibit "A"~ motion carried unanimously. -g- Plannin~ Comission Minutes - 13 September 1965 IV. D. ~-195 - Clarence Neale, Saratoga-Sunnyvale Road - Preliminary Design Approval of New Commercial Building and Final Design Approval of Addition to Existins Structure Commissioner Cowley advised that in reviewing the site plan submitted in connection with the subject application, the Co~waittee had found that some of the parking indicated was on State property and some of it was on other adjacent property under ownership other than that of the applicant. The applicant explained 1) an Encroachment Permit issued to him by the State had been filed with the Secretary 2) his agreement with the State was that in return for filling, black-topping and maintaining this property, the State would permit him to use it for parking and 3) he would be happy to submit any type lease or agreement desired by the Co~mnission with respect to the parking indicated on the other adja- cent property. The Secretary confirmed that the applicant had submitted an Encroach- ment Permit issued by the State, but advised that he could find no clause in the doctunent which specifically permitted encroachment for parking. Commissioner Cowley stated that he would recormnend against permitting the applicant to use the State property for parking unless a 99-year lease could be obtained. During the discussion that followed, questions were raised with respect to access to the parking from the highway and the legality of providing parking on leased property on a permanent basis. In view of this, Chairman Norton directed this matter continued until the next regular meeting and referred same to the Staff (Planning Director, Director of Public Works and City Attorney) for study and a report at that time. When Mr. Neale expressed concern with regard to the delay in action on this application, the Commission advised that the only action that could be taken at this time would be denial of the application. In view of this, the applicant agreed to having it continued. The Secretary advised that the applicant had also submitted a list of additional uses that he would like the Commission to add to the list of uses permitted under his conditional zoning. The Chairman directed this request continued until the meeting on 27 September 1965 and asked that the Planning Director determine whether or not a public hearing would be necessary and place the item on the agenda accordingly. -9- Plannin~ Con~nission Minutes - 13 September 1965 Vo CITY COUNCIL REPORT Commissioner McFall advised that he had artended the last City Council meeting, but questioned the need for a report since the minutes had already been mailed to the Commission. The Commission concurred that a report was not necessary and briefly discussed various items considered by the Council at that meeting. VI. NEW BUSINESS New Laws Covernin~ Subdivisions The Secretary advised that a communication,had been received from the City Attorney regarding new laws covering subdivisions. He suggested that this communication be referred to the Subdivision Committee for study. After discussion, ChairmanNorton-referred this matter to the Subdivision Comittee for study and a report at their convenience. He also requested that the Secretary mail to each member of the Commission a copy of the City Attorney's cormnunication. VII. OLD BUSINESS A. Ordinance NS-3.11 - Proposed Amendment to Ordinance NS-3 Relating to Certain Definitions and Sections pertaining to the Keeping of Horses The Secretary advised that this item had been placed on the agenda for the purpose of determining when the public hearing should be set for discussion of same. E. Brandt Teerlink, attorney, of 21810 Mr. Eden Road, addressed?_~he Commission as spokesman for approximately 25 people who had artended the meeting because of an interest in the subject ordinance. In an§wet to questions raised by Mr. Teerlink, Chairman Norton explained 1) as previously stated by the Secretary, the public hearing on this ordi- nance had not yet been set so any discussion of same at this time would be premature 2) the ordinance did not propose a change in the require- ments for keeping horses in Saratoga 3) the ordinance was proposes for the purpose of clarifying certain definitions and sections relative to the keeping of horses in residential districts, and for adding the defi- nition of '~eeping" and a section relative to horses for riding lessons and 4) the Cormhis,ion would be glad to hear comments from interested residents when the matter came before the Commission for public hearing. After further discussion, Chairman Norton directed, with concurrence o£ the Commission, that the Secretary set the public hearing on Ordinance NS-3.11 for the earliest feasible date. -10- Plannin~ Commission Minutes - 13 September 1965 VII. B. SDo567 - Loma Serena Development Company, Inc., Prospect Avenue - Request for Reconslderation Commissioner Crisp advised 1) the Subdivision Committee had not yet completed its study relative to this matter 2) the Committee had requested a conference with the City Attorney during the next week for further discussion of this request and 3) in view of the foregoing, it was the recon~nendation of the Committee that this matter be continued until the next regular meeting. Chairman Norton so directed. VIII. CO~ICATIONS A. WRITTEN 1. SDR-584 - Frank L. Gippetti, Fruitvale Avenue - Request for Recons id erat ion The Secretary advised that a consultation with the City Attorney was necessary in connection with this request, so suggested that this matter be continued. Chairman Norton, with concurrence of the Cormnission, directed the request in connection with SDR-584 continued until the next regular meeting. 2. SDR-588 - Dale D. Wickham~ Via Re~ina - Request for Reconsideration Mr. Wickham was present to discuss with the Con~ission his re- quest for reconsideration of the requirement for underground utili- ties. Commissioner Crisp explained that this request involved a policy matter and he felt it should be discussed by the Commission as a whole rather than by the Subdivision Committee. After discussion, Commissioner McFall moved that Mr. Wickham's request for reconsideration be denied on the basis that no evi- dence had been submitted to justify same. This motion died for lack of a second. Commissioner O'Rorke observed that the City Council seemed to base its decision (relative to underground utilities) on the practical result, i.e., whether there would be an advantage in having the utilities underground, rather than the cost of same. After further domment, Con~nissioner O'Rorke moved that Mr. Wickham's request for reconsideration be approved since there seemed to be a just reason not to apply this requirement in this case. Commissioner Kellum seconded the motion. -11- Plannin~ Con~ission Minutes - 13 September 1965 VIlI. A. 2. SDR-588 - Dale D. Wickham Tom Scott, Via Regina, spoke in favor of granting Mr. Wickham's request. He explained that the other lines in the area were overhead and there seemed to be little benefit to the area in having Mr. Wickham's residence the only one with lines placed underground. Roll call vote: Ayes: Commissioners Cowley, Kellum and O'Rorke. Noes: Counnissioners Cripp, McFall and Norton. Absent: Co~nis- sioner Wright. The vote on the motion was tied. Commissioner O'Rorke observed 1) the subject condition was posed by a unanimous vote of the Commission 2) the motionoto eliminate the condition had ended in a tied vote and 3) for this reason, he felt it was appropriate to let the motion die. Chairman Norton concurred and further observed that it was un- likely that a seventh Commissioner would be present at the next meeting to break the tied vote. He requested, therefore, that the Secretary assist Mro Wickham in presenting this matter to the City Council at the next regular meeting. 1. In answer to a question from Clarence Neale relative to delays in Commission action on various applications, Chairman Norton explained 1) a seven-man Commission was involved 2) it was a part-time job for all with pressure from many sources and 3) sufficient time for careful study was essential to be sure the Cormnission was doing its best for the City. 2. Conmissioner Crisp explained that the City Council had received a request for at least a three-year extension in connection with the conditional zoning on the balance of the Saratoga Inn pro- perty. In answer to his question, Chairman Norton, with concur- rence of the Corm~ission, assured Commissioner Crisp that the Com- mission would have no objection to having this matter referred for study and recommendation. 3. Commissioner Crisp advised that the Subdivision Committee would like permission to propose a list of restricted retail uses for the Commercial Service zone. Chairman Norton, with concurrence of the Commission, authorized the Co~nittee to compile such a list and present it to the Commission for study. 4. Commissioner Crisp questioned the possibility of approaching the City Council with a request for a pathway from the Saratoga High School to the Village. Chairman Norton, with concurrence of the Cormnission, authorized the Committee to make such a request. -12- Plannin~ Commission ~inutes - 13 September 1965 VIII. B. 5. The Secretary advised that Mr. Pon's request for con~nercial zoning on Prospect Avenue (City of San Jose) had been denied by a vote of 4 to 1. IX. ADJO~NT Chairman Norton declared the meeting adjourned at 11:00 P, M. Respectfully submitted, ker, Secretary Saratoga Planning Commission v -13-