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HomeMy WebLinkAbout10-11-1965 Planning Commission Minutes SUM}iARY OF MIN~UTES CITY OF SARATOGA PLA~NG COMMISSION TIME: Monday, 11 October 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 Chairman Norton at 7:38 P. M. A. ROLL CALL Present:Conmissioners Cowley, Crisp, Johnson, Kellam, Norton, and O 'Rorke. Absent: Commissioner McFall. B. NEW COMMISSIONER Chairman Norton explained 1) Commissioner James A. Wright had re- cently resigned from the Planning Commission because of an increased work-load and 2) former Commissioner O. W. Johnson, Jr. (who bad served for two years but had found it necessary to resign because of an increased work-load) had been re-appointed to fulfill Commissioner Wright's unexpired term. He then extended a welcome to Commissioner Johnson and expressed the City's Appreciation of his willingness to .......... _r_~turn n_o_w_ that his w_o_rk_-l_o.~d' woul__d._permit same. C. MINUTES Commissioner Cowley moved, seconded by Connnissioner Crisp, that the reading of the minutes of 13 September 1965 be waived and that the minutes be approved sub3ect to the following correction: Page 10...Item VII-A...paragraph two...line one: Change "E. Brandt Teerlink" to "Heber Teerlink". Motion carried unanimously. Commissioner O'Rorke moved, seconded by Commissioner Cowley, that the reading of the minutes of 27 September 1965 be waived and that the minutes be approved subject to the following correction: Page 2...Item II-C...paragraph three...line one: Change 'Mrs. liarper Allen of Via Colins" to 'Mrs. Hubert Allen of Monte Vista". Motion carried unanimously. -1- PlanninK Commission Minutes - 11 October 1965 II. PUBLIC HEARINGS The Chairman declared public hearings open for the evening at 7:41 P. M. A. C-80 - Clarence Neale, Saratoga-Sunnyvale Road - Request 'for Addi- tional Permitted Uses under Conditional Commercial Zonin~ The informal hearing on C-80 was resumed at 7:42 P. M. The Secre- tary advised that the applicant had submitted a revised request for seven additional permitted uses in lieu of the previous request for 26 additional uses. The Secretary then read three letters filed in support of the subject request by 1) John D. Wagoner of Arbeleche Lane 2) Charles L. Johnston, Jr., M.D. of Brookwood Lane and 3) E. L. Colleton of Victor Place. The owner of the Brookside Glen Apartments (Mr. Stern) stated that he had no objection to the granting of the subject request if ample parking space was provided. Commissioner Crisp advised 1) the Committee had prepared a written report on the basis of the original request for 26 additional uses 2) the revised request for only seven additional uses had been sub- mitted only a few hours before the meeting 3) it would be necessary to revise the report since the request had been revised and 4) it was the recommendation of the Committee that this matter be continued to allow adequate time for consideration of the revised request. Mr. Wilbur Worden of Saratoga Avenue spoke in support of Mr. Neale's request. After further discussion, Chairman Norton (at 7:52 P. M.) directed C-80 continued until the next regular meeting. B. C-83 - Hamilton Development Corporation, Pierce Road - Request for Change of Zoning from '~-1-40,000" (Single Family Residential) to "R-i-40,000 P-C" (Single Family Residential Planned Com- munity) - Continued from 27 September 1965 The continued hearing on C-83 was resumed at 7:53 F. M. The Secre- tary read a letter from Robert M. Walker of Surrey Lane opposing P-C zoning in the hillside areas of Saratoga. Jim Kaiser, engineer, was present to represent the applicant but stated that he had no conment at this time. -2- Plannin~ Cor~aission Minutes - 11 October 1965 II. B. Hamilton Development Corporation Rex Burnerr of Surrey Lane opposed the subject change of zoning on the basis that the proposal was not in keeping with the character of Saratoga. On the basis of a suggestion by Commissioner Crisp, Chairman Norton (at 7:59 P. M.) directed further hearing on C-83 deferred until later in the evening when SD-569 (the tentative map filed in con- junction with this application) was discussed. Co C-87 - M.VoS.Company, Saratoga Avenue - Request for Change of Zoning from "A" (Agricultural) to '~-M-4,000 P-C" (Multiple Residen- tial Planned Community}- Continued from 27 September 1965 The continued hearing on C-87 was not re-opened at this time since 1) there was no one present who wished to comment with regard to this matter 2) nothing further had been added to the file and 3) the Subdivision Con=aittee was not prepared to make a recommendation. In view of this, Chairman Norton directed C-87, M.V.S.Company, con- tinued until the next regular meeting. D. UP-91 - William J. King, Panorama Drive - Request for Use Permit for Ho~se - Continued from 27 September 1965 The continued hearing on UP-91 was resumed at 8:00 P.M. The Secre- tary advised that nothing further had been filed in connection with this matter. Comanissioner Crisp explained that while a ~rfitten report had not been prepared, an on-site inspection had been made and the Cormmittee was ready to make a verbal recommendation. I~q%en the members of the Commission concurred that a verbal report would be satisfactory, Commissioner Crisp advised that it was the recommendation of the Subdivision Committee that UP-91, William J. King, be granted since the application appeared to meet both the objectives and require- ments of Ordinance NS-3. Commissioner Crisp moved, seconded by Commissioner 0'Rorke, that the public hearing on UP-91 be closed; motion carried unanimously and the hearing was closed at 8:02 P. M. It was moved by Commissioner Crisp and seconded by Co~nissioner Kellum that UP-91, William J..King, be granted subject to compliance with Ordinance NS-3. -3- Planning Conunission Minutes - 11 October 1965 II. D. UP-91 - William J. Kin~ Chairman Norton ~xpressed his personal disapproval of this appli- cation. He explained that he felt an acre in a fully developed urban area was a bare minimum for the keeping of a horse, and he was not prepared to vote to approve such an application if the neighbors objected, as in this case. Vote: Ayes: Connissioners Cowley, Crisp, Johnson, Kellum, and O'Rorke. Noes: Commissioner Norton. Absent: Commissioner McFall. Motion carried. E. UP-92 - Jack Wiliiams, Jr., Pepper Lane - Request for Use Permit for Burro - Continued from 27 September 1965 The continued hearing onUP-92 was resumed at 8:08 P. M. The Secre- tary read a letter from Mr. and Mrs. Giacomo Ponza of Bellecourt stating that they had no objection to the granting of the subject Use Permit. Commissioner Crisp explained that an on-site inspection had been Fmde and while there was no written report, the Committee was pre- pared to make a verbal reconm~endation. When the Commission con- firmad that this would be satisfactory, he 1) observed that while this application had both support and opposition from the neigh- bors, the support had come from the closer neighbors and 2) ad- vised that it was the recommendation of the Conunittee that UP-92, Jack Willjams, Jr., be granted subject to compliance with Ordi- nance NS-3. It was moved by Commissioner Crisp and seconded by Commissioner Cowlay that the hearing on UP-92 be closed; motion carried unani- mously and the hearing was closed at 8:13 P. M. Commissioner Crisp moved, seconded by Comnissioner Kellum, that UP-92, Jack Willjams, Jr., be granted subject to compliance with Ordinance NS-3; motion carried with Commissioner O'Rorke abstaining (since he and Mr. Willjams are business associates). F. Ordinance NS-3.11 - Proposed Amendment to Ordinance NS-3 - Clarifying certain definitions, Adding the definition of 'q(EEPING", Clarifying sections relating to the keeping of horses in residential districts, and Adding sections relating to horses for riding lessons The public hearing on Orhinance NS-3.11 was opened at 8:17'P. M.' ..... Chairman Norton briefly reviewed the objectives of the proposed ordinance and advised that it would be read and discussed section by section. -4- Plannin~ Commission Minutes - 11 October 1965 II. F. Ordinance NS-3.11 Heber Teerlink, attorney, of Pierce Road stated that he was present not only as a resident of Saratoga but as spokesman for 40 or more other residents ~o were in the audience. As the Secretary read Ordinance NS-3.11, section by section, the com- ments were as follows: SECTION 1 Mr. Teerlink commented that Section 1 was not only a clarification but a modification since in the past an oral agreement between adja- cent property owners had been sufficient when they wished to combine their properties for the purpose of obtaining a Use Permit for a horse or horses. SECTION 2 Mr. Teerlink stated that he felt this section only made the ordinance more vague. James F. Hansen of Pierce Road challenged the proposed requirement of- a 10-year lease. In answer to a question from Cormmissioner O'Rorke, Mr. Teerlink stated that he felt there should be a requirement for a written agreement but observed that a 10-year lease would be a burden on the property owner. He further stated that he felt the covenant should not run with the land. SECTION 3 Mr. Teerlink stated that he had no objection to this section, and advised that he recommended "24 hours" to fill the blank in the definition. SEC~ION 4 Mr. Teerlink stated that he had no cotrment with regard to this section. SECTION 5 ' Fir. Teerlink advised that he had no comment with regard to Section 5. SECTION 6 Mr. Teerlink advised this section was satisfactory. -5- .Plannin~ Co.n~nission Minutes - 11 October 1965 II. F. Ordinance NS-3.11 Mr. Teerlink stated that he felt a study was warranted in connection with this phase of the ordinance and that there were capable people willing to participate in such a study. The Secretary advised that he felt riding lessons should be permitted as a home occupation. Rex Burnerr of Surrey Lane stated that he felt one received more indi- vidual attention and on a more personal basis from an operation that would classify as a home occupation, i.e., an operation which accepted two or three students at a time a few hours each week. He further ob~_.. served that anything larger could become quite a commercial establish- ment which he did not feel would be desirable. Tom Scott of Pierce Road stated that he felt a capable group should make a study and submit a report. In answer to a question from Commissioner Crisp, Mr. Teerlink stated that site area should be a major factor in the size of such operations. Mrs. Robert Norton of Carniel Court observed that a problem could be created in cases where acre lots adjoin smaller lots. G. I. Smith of Quito Road urged the Commission to take advantage of the offer to have a study group review this matter. Mr. Teerlink also stressed the need for a well-rounded study group made up of citizens, representatives from the Health Department and Planning Commission, etc. He further stated that he would submit copies of ordinances from other cities and.a list of persons willing to assist in this study. Commissioner O'Rorke stated that he felt it was hazardous when people would not speak their own individual opinions, and that while he felt Mr. Teerlink's idea for a study group was fine, it would be too bad if the town was run by study groups. Chairman Norton co,,-unented that the Commission had given everyone a chance to speak~ and that the City Council would do the same. Mrs. Joan Hansen of Pierce Road observed that she did not feel that the group had made itself clear. She reminded Chairman Norton that Mr. Teerlink represented the entire group, and that they wanted Sara- toga kept rural. The Chairman thanked Mrs. Hansen and observed that she, in expressing herself, had made a point that Mr. Teerlink had omitted. -6~ Planning Cormnission Minutes - 11 October 1965 II. F. Ordinance NS-3.11 Chairman Norton then (9:07 P. M.) directed the hearing on Ordinance NS-3.11 continued until the next regular meeting and referred same to the Subdivision Con~nittee for study and a report. The Chairman declared public hearings closed for the evening at 9:08 P.M. with the exception of C-83 which was to be discussed in conjunction with SD-569. RECESS AND RECONVE~ III. SUBDIVISIONS AND BUILDING SITES A. SD-569 - Hamilton Development Corporation, Fierce Road - Subdivision 69 Lots - Continued from 27 September 1965 (C-83) The hearing on C-83 was resumed at 9:36 F. M. Conmissioner Crisp read the Subdivision Conm~ictee Report relative to this application, recommending approval of same subject to approval of the tentative map (SD-569). The Commission discussed this proposed subdivision at length with Messrs. Walker and Burnett of Surrey Lane, Donald M. Weldon of Pierce Road, and Lynn ~nurston of Fruitvale Avenue, who had questioned the desirability of permitting this type development in the acre zoning in the hills. Conmissioner Crisp stated that no one could be criti- cized for being concerned about the hillsides but he felt that keeping this area of the hills in its natural state would be an accomplishment. With reference to the proposed density, Chairman Norton observed that when you asked someone to reduce his financial return to develop a park, in effect, you were asking a lot. Ralph Ramone, a resident of Saratoga and one of the developers of the Sarahills Subdivision, commented 1) the planned community zoning was not available at the time Sarahills was developed and 2) he felt this type development would have worked very well in this area, too. Jim Kaiser, applicant's engineer, explained 1) the tentative map for this development was based on the recommendation of the planning con- sultant engaged by the City of Saratoga 2) the density was less than one unit per acre and 3) he did not feel the developer should be pena- lized when he had complied with all requirements. -7- Planning Commission Minutes - 11 October 1965 III. A. SD-569 - Hamilton Development Corporation George Kocher, Saratoga designer, observed that this type development had been quite successful in other parts of the country and appeared to be the answer to the excessive cuts and fills found often in the past. It was moved by Coranissioner O'Rorke and seconded by Commissioner Kel- lum that the public hearing on C-83 be closed; ration carried unani- mously and the hearing was closed at 10:06 P. M. Commissioner Crisp moved, seconded by Commissioner O'Rorke, that the Subdivision Committee Report of 11 October 1965 relative to C-83 be approved and that the report be forwarded to the City Council as the recommendation of the Comanission. Roll Call Vote: Ayes: Comnissioners Cowley, Crisp, Johnson, Kellum, Norton and O'Rorke. Noes: None. Absent: Commissioner McFall. Motion carried unanimously. (SD-569) Commissioner Crisp moved, seconded by Commissioner Kellum, that the Sub- division Committee Report of 11 October 1965 relative to SD-569, }Lm~ilton Development Corporation, be adopted and that the tentative map (Exhibit "A", filed 6 October 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. B. SD-592 - Western Hills investment Company~ Pierce Road - Subdivision - 26 Lots - Continued from 27 September 1965 Conmissioncr Crisp advised 1) the site development plans for this pro- posed subdivision had not yet been submitted 2) the Secretary had in- formed him tha~ a letter granting an extension of time for action on the tentative map had been received and 3) it was the recommendation of the Subdivision Cormnittee that this application be continued until the n~xt regular meeting. Chairman Norton so directed. C. SDR-596 - Clarence Neale, Saratoga-Sunnyvale Koad - Building Site Approval - 1 Lot Mr. Neale was present and expressed satisfaction with the proposed condi- tions of approval. -8- Planning~ Commission Minutes - tl October 1965 III. C. SDR-596 - Clarence Neale Co~.-mnissioner Crisp moved, seconded by Commissioner Kellum, that the Building Site Conmittee Report of 11 October 1965 relative to SDR-596, Clarence Neale, be adopted and that the tentative map (Exhibit '~", filed 1 October 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-600 - Ben H. Smith, Pierce Road - Building Site Approval - 4 Lots E. SDR-601 - George Flynn, Pierce Road - Building Site Approval - ~ Lot~ Commissioner Crisp advised 1) the Subdivision Conm~ittee was awaiting site development plans for these two properties and 2) it was the recommendation of the Conmittee that both SDR-600 and SDR-601 be con- tinued until the meeting on 25 October 1965. Chairman Norton so directed. IV. DESIGN REVIEW A. A-195 - Clarence Ncale, Saratoga-Sunnyvale Road - Preliminary Design Review - Commercial Building - Continued from 27 September 1965 Conmissioner Cowley reviewed the subject request and advised that it would be difficult for the Committee to evaluate the parking situation until a decision had been reached relative to Mr. Neale's request for additional uses. After discussion, Chairman Norton requested that the Design Review Com- mittee be advised of the Subdivision Conmittee's recommendation as soon as possible so that the Design Review Committee could prepare its recommendation. Chairman Norton then directed A-195 continued until the next regular meeting. B. ~-196 - Quite Shoppir~ Center, Cox Avenue - Final Design Review - Iden- tification Sign - Continued from 27 September 1965 Commissioner Cowiey advised 1) the Committee had met with a represen- tative from the Quite ]~erchants Association and the owner of the pro- perty 2) information relative to the location and time limit of the sign had been requested and 3) it was the recommendation of the Com- mittee that this matter be continued until the next regular meeting. Chairman Norton so directed. -9- Planni~.Cormnission Minutes - ll October 1965 V. CITY COUNCIL REPORT Comaissioner O'Rorke gave a brief report on various ;.-utters that had come before the City Council at the meeting on 6 October 1965, with emphasis on items of particular interest to the Cormnission. VI. NEW BUSINESS A. C-S (Conmercial Service) District - Proposed Change in Existing Per- mitted Uses and Additions Thereto Commissioner Crisp called attention to a Subdivision Conmittee Report pertaining to uses in the C-S Zoning District ~aich had been placed in the Comnissioners' folders. He requested that each of the Con~nis- sioners review the subject report and be prepared to discuss same at the next regular m~eting. Chairman Norton directed this matter placed on the agenda for the meeting on 25 October 1965. B. Corridor Lots - ~roposed ~mendment to Section 3.5 of Ordinance NS-3 Conmm. issioner Crisp brought to the Comnission's attention a proposed amendment to Ordinance NS-3 which would prohibit corridor lots having access to cul-de-sac turn-arounds. He requested that the Comm. ission review this proposal for discussion at the next regular meeting. Chairman Norton directed that this matter be placed on the agenda for the meeting on 25 October 1965. C. Walkway between Village and High School Commissioner Keil~m observed that while there had been previous dis- cussion relative to the feasibility of constructing a walkway from the Village to the High School, nothing had been done to instigate action on this matter. He then read a report from the General Plan Cormnittee proposing that the Commission reconmend to the City Council that such a wal}~.~ay be installed. After discussion~ CoFanissioncr Kellum n~ved, seconded by Com-aissioner O'Rorke, that the General Plan Committee Report relative to a pro- posed walkway from the Village to the High School be adopted and transmitted to the City Council as the reconmaendation of the Comis- sion; motion carried unanimously. D. PG&E, Bulletin Commissioner Cowley brought attention to the PC~ Bulletin sent to members of the Conmission, pertaining to "an extensive program for converting overhead electric distribution.lines to underground". -10- Planning Commission Minutes - 11 October 1965 VI, D. PG&E Bulletin After discussion, Chairman Norton directed that the Planning Director transmit a copy of the bulletin to the City Clerk for presentation to the City Council. E. Eichler Subdivision Pathway Commissioner O'Rorke called attention to the condition of the pathway along Cox Avenue in front of the Eichler Subdivision. After discussion, Chairman Norton requested that the Planning Director, together with the Director of Public Works, explore the possibility of instigating a clean-up program for such areas. VII. OLD BUSIneSS A. C-55 - Carl Doziar, Saratoga Avenue - Request for Extension of Time . on Conditional Commercial Zoning - Continued from 27 September 1965 Comm. issioner Crisp advised 1) this matter was referred by the City Council to the Planning Co,~,-anittee of the Council and the Subdivision Committee of the Conmission for study and 2) the m~tter had not been brought to the Cor~nission for a formal recormnenda~ion. He then sum~ marized a report relative to this matter which had been prepared by the Subdivision Con~nittee. After discussions Comraissioner Crisp moved~ seconded by Commissioner Cowicy, that the report of the Subdivision Con_~aittee dated 11 October 1965 relative to C-55 be approved and forwarded to the City Council as the recomaendation of the Com.n~ission; motion carried unanimously. B. SDR-584 - Frank L. Gippenti, Fruitvale jNenue - Request for Reconsidera- tion of Conditions - Continued from 27 September 1965 Commissioner Crisp 1) briefly reviewed Mr. Gippetti's request for re- consideration of certain conditions imposed in connection with approval of the tentative ~mp for SDR-584 and 2) suranarized a Subdivision Com- mittee Report reco?mnending that this request be denied. After discussion~ Commissioner Crisp moved, seconded by Commissioner Kel!um, that the request of the applicant be denied in accordance with the report of the Subdivision Committee dated i1 October 1965, and that the Planning Director be directed to advise 14r. Gippetti of this action; motion carried unanimously. -11- Planning Comnission Minu~es - !l October 1965 VII. C. General Plan - Revi~ of Report - Continued from 27 September 1965 Conunissioner Kelium advised that the report on the annual review of the General Plan had been referred back to the Committee for review and that while the report was still basically the same, the first paragraph had been revised to indicate that there might be need to fezone property to meet the needs of older citizens. After discussion, Cormnissioner Kellummoved, seconded by Cormnissioner Crisp, that 1) the report of the General Plan Committee dated 11 October 1965 modifying the report of 13 September 1965 be adopted 2) that this report be incorporated into the previous report and 3) that the revised report be transmitted to the City'Council as the Planning Comission reconunendation on the annual ~eview of the General Plan; motion carried unanimously. VIII. COI,~ICATIONS A. I~rRITTEN 1. SDR-400 - R. J. Pmnter, Pierce Road - ge~uest .for Extension The Secretary 1) advised that a nine month ~tension had been requested in connection with SDR-400 and 2) recom~ep~cd that this matter bc continued for the purpose of review. Chairman Norton directed SDR-400 continued until the meeting on 25 October 1965 and referred same to the Subdivision Committee for review and reconmnendation. 2. SDR-520 - James Asher~ Kittr~jge Road ~ Renuest for Extension The Secretary 1) read a letter requesting an extension in con- nection with SDR-520 and 2) advised that the extension had been requested after approval of the tentative p~p had expired. Chairman Norton observed that it had been the policy of the Com- mission to deny requests that had not been filed prior to the expiration date. Commissioner Crisp moved, seconded by Cormn. issioner Johnson, that the request for an ~tension in connection with SDR-520 be denied since the application had expired prior to receipt of the request for extension; motion carried unanir~usly. -12- Planning Comnission Minutes - 11 October 1965 VIII. B. ORAL Chairman Norton acknowledged, with pleasure, the presence of Mrs. Owens of the Good Govermment Group, Mrs. 0ttenberg of the League of Women Voters, and Mrs. Walker, wife of the Planning Director. He also expressed appreciation to Mrs. Owens for the coffee served at recess. ADJOE~T The Chairman declared the meeting adjourned at 10:55 P. M. Respectfully submitted, Stanley'M. Walker, Secretary V -13-