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HomeMy WebLinkAbout09-27-1965 Planning Commission Minutes (2) SUMMARY OF MINUTES 0ITY 0F SARATOGA PLANNING COMMISSION TIME: Monday, 27 September 1965, 7:30 P. M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ~ROUTINE ORGANIZATION The meeting was called to order by 0hairman Norton at 7:33 P. M. A. ROLL CALL Present: 0ommissioners 0ewley, 0risp, Kellum, McFall, Norton, and 0 ' Rorke. Absent: Commissioner Wright. B. MINUTES Chairman Norton advised that the minutes of the meeting of 13 September 1965 had not been completed (because of the in- creased work-load during vacation absences) so would be given consideration at the next regular meeting. II. PUBLI0 HEARINGS The Chairman declared public hearings open for the evening at 7:35 P. M. A. C-8.7 - M.V.S.Compan~,, Saratoga Avenue - Request for 0hange of Zoning from 'A" (Agricultural) to "R-M-4 OO0 P~O" (Multiple Residential Planned Community)'- Continued from 1~ September. 1965 'The continued hearing on 0-87 was resumed at 7:36 P. M. The Secretary read a petition filed in support of the subject · .application signed by 18 merchants of the Quito Shopping Center. There was no one in the audiencS who wished to 'comment with re- gard to this matter. Commissioner Crisp recommended that the hearing on C-87 be con- tinued until the next regular meeting since the Committee had not yet completed its study. Chairman Norton so 'directed at 7:38 P. M. -1- PlanninE Commission Minutes - 27 S~ptember i96~ II. B. ~-91 - Clara M. Stamper, Anza Drive - Request for Change of Zoning from "A" (A~ricultural) te "R-i-12 500" (Single Family Residential - Continued from l~ S~ptember'1965 The continued hearing on C-91 was re-opened at 7:39 P. M. There was no one present who wished to comment with regard to this application. Commissioner Crisp'read the report of the. Subdivision Commit- tee relative to C-91,' recommending approval of the revised request (revised from "R-l-12,5OO P-D" to "R-l-12,~OO") sub- ject to approval of the tentative map filed in conjunction with same (SD-597). . After discussion, it was moved by Commissioner O'Rorke and seconded by Commissioner Kellum that the public hearing on C-91 be closed; motion carried unanimously and the Chairman declared.the hearing closed at 7:41 P. M. Chairman Norton then directed action on this application (C-91) deferred until the tentative map (SD-597) had been discussed. C. ~P-gl - William J. King, Panorama Drive - Request for Use -Permit for Horse The public hearing on UP-91 was opened at 7:42 P. M. The Secretary advised that Notices of Hearing had been mailed and read a communication filed by Mrs. Herbert McClellan of Monte Vista Drive in opposition to the subject application. Mrs.'King was present to discuss this matter with the~Commis- sion and advised that their son had hoped to use the horse as a 4-H project. ~.. ~s. Harper ~llen of Via Colina and F~s. George Coley and W. E. Wood of Panorama Drive opposed the granting of the subject Use Permit on the basis that the neighborhood was not appropriate for the keeping of a horse. Wesley Goddard of Panorama Drive spoke in favor of granting the Use Permit. He explained l) he would like to see Sara- toga remain rural 2) this was one of the objectives of incor- poration and 3) he felt that horses were a natural part of the desired rural atmosphere. After further discussion, Chairman Norton directed UP-91 con- tinued until the next regular meeting and referred same to the Subdivision Committee for study and'a report at that time. -2- Planning Commission Minutes - 27 September 1965 II. D. UP-92 - Jack Williams, Jr., Pepper Lane - Request for Use Per- mit for Burro The hearing on UP-92 was opened at 7:52 P. M. The Secretary advised that Notices of Hearing had been mailed and read com- munications from ~h~ Leon E. Aubrys and the Phillip J. Pieroths of Pepper Lane opposing the granting of the subject Use Permit. He also ad- vised of a telephone call from Mrs. Elser of Park Drive supporting same. The applicant was present to discuss this application with the Commission and explained l) the burro had been a gift 2) they would like to keep the burro since not only their four children but all the neighborhood children seemed to enjoy the animal and 3) while the burro did bray at times, there were other noises in the neighborhood that he felt were far more objec- tionable to all. Messrs. Ray Somers, John Ketchum, and Henry Ingham of Robin Way opposed the granting of the subject Use Permit on the basis of the disturbance created 'by the braying of the burro. Everett Ralston of Robin., Way, Mrs. Gillespie and Wallace Baumer of Pepper Lane, and Mrs. Lively of Bellecourt spoke in support of the subject application. They explained that they rather enjoyed hearing the burro and felt that there. were other noises in the neighborhood that were far more objectionable to all. After further discussion, Chairman Norton (at 8:06 P.M. ) direc- ted UP-92 continued until the next regular meeting and referred same to the Subdivision Committee for study and a report at that time. E. C-8.0 - Clarence Neale, Saratoga-Sunnyvale Road - Request for Additional Permitted Uses under Conditional Commercial .Zon~ing . The informal hearing on C-80 was opened at 8:07 P. M. The Se- cretary briefly reviewed this request and advised that Notices of an Informal Hearing had been mailed to property owners within 500 feet of the subject property. The Chairman, 'on the basis of a statement made by the appli- cant during a meeting with the Subdivision Committee, asked the applicant whether he would prefer that another!~ committee be appointed to make a study in connection with his request. The applicant expressed satisfaction with having the Subdivi- sion Committee make the study. -3- Planning Commission Minutes - 27 September 1~65 II. E. ~-80 - Clarence Neale During the discussion that followed, Mr. Neale explained l) in order to obtain a loan, 'it was necessary that four .additional uses be permitted under his conditional zoning 2) while the loan agency would accept any four of the uses listed in his request, he had found that he could obtain leases for a Beauty Shop, 'Gun Shop, and Real Estate Office and 3) the list..~ubmitted to the Commission was a copy of the list of uses permitted under conditional zoning on Fifth Street. ~~ Kocher, who explained that he was designing the appli- building, advised l) while the list sounded as though would actually be smaller than the original "Barn''b ' there would be space for no more than three small shops in addition to the applicant's store. William Higgins of Brookrood Lane and Siegrid Jones'and Baker McGinnis of Saratoga-Sunnyvale Road opposed any change in the subject conditional zoning on the basis of l) its proxi- mity to the residential zoning in this area and 2) 'the chance that it might set a precedent for further commercial zoning on Saratoga-Sunnyval e Road. R_Ichard Bennett of Brookwood Lane stated that while he did not oppose ~.. Neale's original application, he now wished to ex- press his opposition to the subject request. He observed that the zoning line must be held but explained that perhaps he would not oppose F~. Neale's'request if it was amended to be less inclusive. ~s. Allan Boyce of Verde Vista Lane concurred with Mr. Bennett. She explained that the proximity of Mr. Neale's property was such that a change in his zoning would not directly affect her' at this time, but expressed concern that if the zoning line was not held at this point that the commercial zoning would spread on doom Saratoga-Sunnyvale Road to Prospect Avenue. After further discussion, Chairman Norton directed this matter continued until the next regular meeting and referred same to the Subdivision Committee for study and a report at that time. The Chairman then (8:31 P. M.) declared 'public hearings closed for the evening. -4- Planning Commission Minutes - 27 September 1965 III. SUBDIVISIONS ~uND BUILDING SITES A. SD-569 - Hamilton Development Corporation, Pierce Road - Subdivision - 65 Lots The Secretary advised 1) Mr. Bayne of Hamilton Development Corporation had informed him that it was through a misunderstanding with his engi- neer that no one was present to represent Hamilton Development Corpora- tion at the last meeting and 2) since theaction on the applications had been necessitated by a technicality, he had submitted a letter re- questing that the action be rescinded and the applications reinstated. After discussion, Commissioner Crisp moved, seconded by Commissioner McFall, that the Commission r~scind its action of 13 September 1965 relative to C-83 and SD-569 and that these applications be reinstated. Robert Walker of Surrey Lane 1) protested the proposed reinstatement of these applications and 2) stated that he felt the applicant should be required to refile the same as anyone else. In answer to this protest, Commissioner Kellum explained 1) the raany hours (over a period of months) that had been spent on this application. 2) the expense incurred by both the applicant and the City in finding solutions to various problems and 3) his feeling that nothing could be accomplished by requiring the applicant to refile at this point. Chairman Norton then assured Mr. Walker that the same courtesy would be extended to anyone under the circumstances. The vote on the motion made previously by Commissioner Crisp carried unanimously and C-83 and SD-569 were reinstated. Commissioner Crisp then moved that the action closing the hearing On C-83 be rescinded. Commissioner Kellum seconded the motion which carried unanimously, and the hearing on C-83 was re-opened at'8:41 JimKaiser, representing Hamilton Development Corporation, requested that both C-83 and SD-569 be continued until the next regular meeting so that maps could be submitted for actiQn bY the Commission. Chairman Norton, with concurrence of the Commission, so directed at 8:42 P. M. Planning Commission Minutes - 27 September 1965 III. B. SDR-561 - James F. Jones, Quito Road - Building Site Approval - 2 Lots Continued from 13 !September 1965 Commissioner Crisp advised 1) the applicant proposed to use the flood control easement for access tO this property 2) he had not submitted the necessary information to the Flood Control District nor made an ap- pointment to meet with the Building Site Committee as requested and 3) in view of the foregoing, it was the Committee recommendation that this application be denied. After discussion, it was moved by Commissioner Crisp and seconded by Commissioner McFall that SDR-561, James F. Jones, be denied on the basis that the applicant has made no effort to work out the problem with regard to access to this 'property; motion carried unanimously. C. .S..D-592 - Western Hills Investment Company, Pierce Road - Subdivision - 26 Lots - Continued from 13 September 1965 Commissioner Crisp recommended that this application be continued until the next regular meeting since the site development plans had not yet been received. Chairman Norton so directed. D. SDR-593 - Rolston Johnson, Pierce Road - Build ing Site ApproVal - 1 LOt Continued from 13 September 1965 The applicant was not present.· Commissioner Crisp, with concurrence of the other members of the Com- mittee, directed that Condition II, E of the proposed condition. s of, approval be amended to read as follows: II. E. Participate with adjacent property owner (SD-592) on a prorata basis in cost of bringing Calabazas Creek Bridge up to design standards as approved by the Director of Public Works. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 27 September 1965 relative to SDR-593, as amended, be adopted and that the tentative map (Exhibit "A", filed 2 September 1965) be approved in accordance with the site development plan (Exhibit "B" filed 17 September 1965) subject to the conditions , set forth in said report; motion carried unanimously. E. SD-597 - Clara M. Stamper, Anza Drive - Subdivision - 9 Lots Joe Sweany, representing the applicant, expressed satisfaction with the proposed conditions of approval. Commissioner Crisp moved, seconded by Commissioner McFall, that the Subdivision Committee Report of 27 September 1965 relative to C-91 -6- Plannin~ Commission Minutes - 27 September 1965 III. E. SD-597 - Clara M. Stamper be adopted and transmitted to the City Council as the recommendation of the Commission; motion carried unanimously. Commissioner Crisp then moved, seconded by Commissioner McFall, that the Subdivision Committee Report of 27 September 1965 relative to SD-597 be adopted and that the tentative map (Exhibit "A", filed 13 September 1965) be approved subject to the.conditions.set forth in said report; motion carried unanimously. F. SDR-598 - Joe Neville, Pierce Road - Building Site Approval - 3 Lots Discussion of '[~ applicatiom was deferred until after recess to allow adequate time for Mr. Neville to review the proposed condi- tions of approval. G. SDR-599 - David FraMclin~ Park Drive - Building Sit~ Approval - 2 Lots The applicant was not present. Commissioner Crisp moved, seconded by Commissioner Kellum, that the Building Site Committee Report of 27 September 1965 relative t0 SDR-599, David Franklin, be adopted and that the tentative map (Exhibit "A", filed 13 September 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. RECESS AND RECONVENE III. F. SDR-598 - Joe Neville~ Pierce Road - Building Site Approval - 5' Lot~ Mr. Neville expressed satisfaction with the proposed conditions of approval. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 27 September 1965 relative to SDR-598, Joe Neville, be adopted and that the tentative map (Exhibit "A", filed 16 September 1965) be approved. subject to the conditions set.forth in said report; motion carried unanimously. Chairman Norton extended a welcome to Councilmen Tyler and Hartman and to Mrs. Parker and Mr. Suhr of the Good Government Group. He also expressed the appre- ciation of all for the coffee served by Mrs. Parker at recess. -7- Planning Commission Minutes - 27 September 1965 IV. DESIGN REVIEW A. ~-195 - Clarence Neale, Saratoga-Sunnyvale Road - Preliminary Design Review - Cormnercial Building - Continued from 13 September 1965 Commissioner Cowley advised that the Committee had met with Mr. Kocher on Thursday (23 September 1965) to review new plans which proposed a smaller building for this property. The Secretary presented a more recent set of plans which had been handed to him at the meeting. Commissioner Cowley recommended that A-195, Clarence Neale, be continued until the next regular meeting since the Committee had not had a chance to review the revised plans. Chairman Norton so directed. B. A-196 - Quito Shopping Center,Z Cox Avenue - Final Design Review - Iden- tification Sign Commissioner Cowley requested that this application be continued until the meeting on 11 October 1965 since the Committee was not prepared to make a report arthis time. Chairman Norton so directed. C. .$S-42 - Toll Gate. Subdivision, Big Basin Way - Final Design Approval - Identification Sign Commissioner C0wley advised that the Committee had reviewed the. subject sign and found it satisfactory. After discussion, Commissioner Cowley moved, seconded by Commissioner O'Rorke, that final design approval be granted SS-42 for the temporary subdivision sign shown on Exhibits "A" and '~B" subject to the total area of the face of the sign not exceeding 24.square feet; motion car- ried unanimously. D. A-185 - Santa Clara County Library Commission, Quito Shopping Center - Final Design Review - quito Branch Library After briefly reviewing this application, Commissioner Cowley moved, seconded by Commissioner O'Rorke, that final design approval be granted A-185, Santa Clara COunty Library Commission, on the basis of Exhibits "A"I" "B" and "C"- motion carried unanimously. - , , , Planning Con~nission Minutes - 27 September 1965 V. CITY COUNCIL REPORT Chairman Norton gave a brief report on items discussed at'the City Council meeting on 15 September 1965 with emphasis on items of particular interest to the Commission. VI. NEW BUSINESS A. Corridor Lots on Cul-de-sacs Con~nissioner Crisp advised 1) more and more corridor lots with access on cul-de-sac turn-arounds are being proposed in the City 2) the City Attorney had advised that he felt it would be proper to limit the num- ber of corridor lots with access to a cul-de-sac turn-around and 3) it was his recommendation that such an amendment to Ordinance NS-3 be given consideration. After discussion, Chairman Norton requested that the Subdivision Com- mittee make a study. of this matter and submit, at its convenience, a proposed amendment to the Ordinance. B. Parking Requirements Commissioner O'~orke advised that the Design Review Committee often meets the problem of parking requirements changing with a change of use. He observed that the solution might be to have fewer categories in the parking requirements. Commissioner Cowley 'advised that the Planning Director was trying to assist by attempting to make the categories more uniform. Chairman Norton requested that the Design Review Committee mak~ a c~m- prehensive study of this matter and give consideration to amending the Ordinance. VII. OLD BUSINESS A. SD-567 - Loma Serena Development Company, Inc., Prospect Avenue - ~equest for Reconsideration - Continued from 13 September 1965 Commissioner Crisp briefly reviewed this request for reconsideration and read the report of the Subdivision Committee relative to same. After discussion, Commissioner Crisp moved, seconded by Commissioner McFall, that the Subdivision Committee Report of 27 September 1965 rela- tive to SD-567, Loma Serena Development Company, be adopted and trans- mitted to the City Council as the recommendation of the Commission; motion carried unanimously. -9- Planning Commission Minutes - 27 September 1965 VII. B. SDR-584 - Frank L. Gippetti, Fruitvale Avenue - Request for Reconsidera- tion - Continued from 13 September 1965 Commissioner Crisp advised 1) the Committee was not prepared to make a report on this request 2) the Committee was awaiting a communication from the Health Department and 3) it was the recommendation of the Committee that SDR-584 be continued until the next regular meeting. Chairman Norton so directed. C. 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-CT.' (Single Family Residential Planned Community) - Reauest for Review ' See discussion re SD-569. D. General Plan - Review of Report Chairman Norton explained 1) he had requested that the report on the review of the General Plan be brought back to the Commission since there was a doubt in his mind that the report covered the application of the M.V.S.Company (now before the Commission) 2) he felt further considera- tion should be given to the matter at this time since it seemed quite doubtful to him that the City Council would approve it without a change in the General Plan and 3) if the Commission felt, however, that this matter was covered in the report as a local problem, he would accept this. Commissioner Kellumadvised i) this was only one of many items discussed briefly under the General Plan Review 2) the Committee had felt that it could be handled as a local problem and 3) actually, the Commi. ttee~had been anxious to have the application handled on its own merit rather than as a part of the review of the General Plan. During the discussion that followed 1) Commissioners Cowley and Crisp concurred with Con~nissioner Kell~ 2) COmmissioners McFall and O'Rorke stated that they felt that at least some of the members of the City Council would base their decision on the General Plan and 3) the Com- mission agreed that it did not.want to take action which would jeopar- dize the M.V.S.Company application before the Commission had even reached a decision on same. Commissioner Kellum moved, seconded by Commissioner Crisp,'fthat the Com- mission action approving the report on the General Plan ReV{ew and directing that same be forwarded to the City Council be rescinded and that the report be referred back to the General Plan Committee for recon- sideration; motion carried unanimously. -10- Planning Commission Minutes - 27 September 1965 VII. D. Genera.! Plan In answer to a question from Mrs. Shirley Diemet of Wardell Road, Chairman Norton advised 1) the circulation pattern submitted by the Planning Director and the Director of Public Works specified a general route rather than a specific one and 2) it was possible that in giving further consideration to this matter, a straight street might be avoided. Chairman Norton then directed this matter continued until the meeting on 11 October 1965. VIII. COMMUNICATIONS A. WRITTEN 1. SDR-437 - Phillip D. Collins, Palomino Way - Request for Extension The Secretary advised that a request for an extension of one year had been received in connection with Parcel "B" under SDR-437. He further advised that an extension of one year had already been granted in connection with this application, and that the extended approval had .expired prior to receipt of the subject request. Commissioner Crisp moved, seconded by Commissioner Kellum, that the request for an extension of one year in connection with SDR-437 be denied on the basis that l) an extension of one year had been granted previously and 2) the extended approval had exp{red prior to receipt of the subject.request; motion carried unanimously. 2. Arroyo de Saratoga .... , The Secretary read a letter signed by eleven families residing on the north side of Via Grande Drive in Arroyo de Sarat'oga, protesting the construction of two-story ·homes on the south side of Via Escuela Drive between Ten Oak Way and Glen Brae Drive. After discussion, it was agreed 1) since the Ordinance permitted construction of these two-story homes, there was nothing the Commis- sion could do and 2) the Commission had no objection to the Plan- ning Director assisting, if he could, in working out the problem with the builders and the residents. Bo ORAL -11- Planning Commission Minutes - 27 September 1965 iX. ADJO~ENT Chairman Norton declared the meeting adjourned at 10:25 P. M. Saratoga Planning Commission v CITY OF SARATOGA PLANNING COMMISSION AGENDA TIME: Monday, September 27, 1965,.7:30 P..M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga,· California TYPE: Regular Meeting I. ROUTINE.ORGANIZATION A. ROLL CALL B. MINUTES II. PUBLIC HEARINGS A. C-87 - M~V.S~ Company' Saratoga AvenUe ~.~equ~§t'~d~ Change d~ Zonihg from "A". (Agricultu~a!) to .."R.M~,000 PyCi' {Mul~i~!e ResiSe~tial Planned Community) "i .C~ntinued fro~ .September 13~..1965 . - .~,. B. C-91 - Clara M. Stampe[, ~nza. Drive ~ Request for Change of Zoning from "A" (Agricdltural) to "R-1-12,500 "P-D" (Single Family Residential ~lah~ed..DeVe~op~ent) - CoAtinued from September 13~ 1965 C. UP-91 - William j.'King, Panorama Drive - Request for Use Permit for Horse D. Up~9~.- ja'ck Williams, Jr., Pepper Lane - Request for Use Permit for a Burro E. C-80 - Clarence Neale, Saratoga-Sunnyvale Road - Request for Additional Uses under Conditional Commercial Zoning III. .~UBDIVISIONS AND BUILDING SITES A. SD-569 - Hamilton Development Corporation, Pierce Road - Subdivision - 65 Lots B. SDR-561- James F. Jones, Quito Road - Building Site Approval - 2 Lots Continued from September 13~ 1965 C. "SD-592 - Western Hills Investment Company, Pierce Road Subdivision - 26 Lots - Continued from September 13~ 1965 D. SDR-593- Rolston Johnson, Pierce Road - Building Site Approval - 1 Lot Continued from September 13~ 1965 E. SD-597 - Clara M. Stamper, Anza Drive - Subdivision - 9 bts F. ~DR.-598- Jo~.N~v__ille~ Pierce Road - Buildin[ Site Approval - 3 Lots G. SDR-599- David Franklin, Park Drive Building Site Approval - 2 Lots IV. DESIGN REVIEW A. A-195 - Clarence Neale, Saratoga-Sunnyvale Road - Preliminary Design Approval of New Commercial Building and Final Design Approval of Addition to Existin~ Structure - Continued from September 13. 1965 B. A-196 - Quito Shopping ~enter, Cox Avenue - Final Design Approval - Identification Sign C. SS-42 - Toll Gate Subdivision, Big Basin Way - Final Design Approval - Identification SiSn D. A-!85 - Santa Clara County Library Commission, Qulto Shopping Center - Final Design App.roval - Qulto Branch Library -1- Plannin5 Commission Agenda - September 27, 1965 V. CITY COUNOIL REPORT VI. NEW BUSINESS VII~ OLD BUSINESS A. SD-567 - Loma Serena Development Company, Inc., Prospect Avenue -. Request for Reconsideration - Continued from September 137 1965 . B. SDR-584- Frank L. Gippetti, Fruitvale Avenue - Request for Reconsideration - Cqntinued from. Spptember 137. 1965 C. 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 Community) - Request. for Review D. ~ENERAL PlAN ~ ReVieW. Of Report VIII. COMMUNICATIONS A. I~ITTEN SDR-437 - Phillip D. Collins, Palomino Way - Request for.Extension B. ORAL IX. ADJOURNMENT -2-