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HomeMy WebLinkAbout06-26-1967 Planning Commission Minutes SU~,~RY OF MINUTES CITY OF SAPJ~TOGA PLA.~.ING CO~iM. ISSION TIbfiE: Monday, 26 june 1967, 7:30 P.M. PLACE: City Council Chambers, Fruitvale Avenue, Saratog.a, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION The meeting was called to order by Acting Chairman O'Rorke at 7:30 P.M. A. ROLL CALL Present: Commissioners Crisp, McFall, O'Rorke, and Smith. Absent: Commissioners Johnson, Kasner, and Norton. B. MINUTES Commissioner McFall moved, seconded by Commissioner Smith, that the reading of the minutes of the 12 June 1967 meeting be waived and that they be approved after changing page 4. .item F. .paragraph 6. .line 2. .to read 26 June 1967 instead of 22 June 1967. II.. PUBLIC HEARINGS A. C-71 - Maxmar Investment Company, Walnut Avenue - Request for Change of Zoning from "R-1-12,500'' (Single Family Residential) to "R-M-3,000" (Multi- Residential).~'Continued from 12 June 1967 The Chairman re-opened the continued hearing on C-71 at 7:34 P.M. The Secretary briefly reviewed this application and stated that the applicant met with the Sub- division Committee and Flood Control Department to work out the problems with regard to the present proposal and as a result of that meeting it ~ recommended that C-71 be continued to allow the applicant time to revise the plans with the cooperation of the Flood Control. Commissioner McFall suggested that C-71 be removed from the agenda until such time as the applicant is prepared to have the Planning Commission take some action on this. request. Commissioner Crisp recommended that C-71 be removed from the agenda until 24 July 1967. William Teepie,. 14120 Alta Vista, stated he was opposed to this application and felt that it should be re-published at the time it comes up for hearing again since it has been scheduled for hearing before and then postponed. F~. Bastian&lli, owner Brookside Glen Apartments, stated 1) he was opposed to any further extension since the applicant no longer had possession of.any of the property in question and 2) he concurred with F~. Teeple that a Notice should be published at the time C-71 is again scheduled for hearing. Commissioner McFall pointed out that the Flood Control Department had agreed to re- survey the Flood Control requirements and, depending on the results of this survey, the applicant will withdraw his present proposal or re-apply with something completely new. After discussion, Chairman O'Rorke directed this matter continued to 24 july 1967 and the hearing was closed at 7:40 P.M. -1'- Plannin5 Commission Minutes of 26 June 1967 - Continued II. B. UP-i33 - Atlantic Richfield Company~ Cox Avenue and Paseo Presada - Request for Use Permit for Service S~ation Facility on the Northwest Corner of intersection of Cox and Paseo Presada - Continued from 12 June ]_967 The continued hearing on UP-133 was resumed at 7:41 P.M. The Secretary stated nothing further had been added to the file. Mr. Malpas was present to represent the applicant and stated that by moving the station from one side of the street to the other the safety hazard would be greatly reduced. ~. Lester Prinz, resident o'f the area,'=stated i) he represented fourteen (14) people who lived in the area 2) he lived directly across the street from the proposed service station 3) he objected to the station because he felt it would be hazardous for children walking by and for shoppers walking to the Quito Shopping Cen~er. He further stated that 1) the proposed location of the station woul8 cream difficulties in getting in and out of his driveway and 2) he objected to the lights which would be left on all night at the station. .. }~. Warburton, operator of the Richfield Station, pointed out that 1) children would be ~alking by the Station no matter which side of the street it was located 2) the station will close by 9:00 P.M. each evening (Quito Shopping Center regulation) just as it has done for the past fifteen (15) years 3) the' Quito Shopping Center will also have their lights on at night and 4) the new station will have one neon sign and one night light/inside:.the station onafter they close at 9:00 P.M. Conunissioner McFall then read the 'report of the Subdivision Committee recommend- ing that the requested Use Permit.be granted. Mr. Prinz stated he did not feel that adequate screening could be provided and again emphasized his objections. Con~nissioner Crisp moved, seconded by Commissioner McFall that the public hearing on UP-133 be closed; motion carried unanimously and the hearing was closed at 7:52 P.M. It was moved by Commissione'r McFall, seconded by Commissioner Crisp that the Subdivision Committee Report of 26'June 1967 in connection with UP-133 be approve'd and that the Use Permit be granted as described in said report sub- ject to the conditions stated therein; motion carried unanimously. C. UP-134 - Frances D. Haden, Pierce Road - Request for Use Permit for the Keep- ing of One (1) Horse - COntinued from 12 June 1967 At the recommendation of Chairman O'Rorke this matter was postponed so that V-297 could be discussed prior to.taking any action on UP-134. D. V-297 - Frances D. Haden, Pierce Road - Request for Variance in Connection with Property. Line Setback Requirements - Continued from 12 June 1967 The public hearing on V-297 was .re-opened at 7:54 P.M. The Secretary stated nothing new had been added to the file. Mr. Norton, Carniel Court, stated that 1) the distance between the applicant'~s property line and his property line was only fifteen (15) feet 2) the distance from the applicant's property line to the Norton's pool was twelve (12) fee~ and 3) he was opposed to this Variance. -2- Planning Co~ission Minutes of 26 June 1967 - Continued II. D. V-297 - Continued ~. Carl Geer, Ashley Court, stated that he was curious about why two horses had been allowed on the adjacent Wilson property. The Secretary explained that these horses were there illegally and the Wilson~s have been requested to remove them and have been informed that a Use Permit is necessary for the keeping of Horses. At the request of Chairman O'Rorke Commissioner Crisp read the report of the Variance Co~n~ittee recom~nending that this request for Variance be denied since the findings required by Ordinance NS-3, Section 17.6 of Article 17 cannot be made. It was moved by Commissioner Smith, seconded by Com~missioner McFall and carried unanimously to close the public hearing on V-297 at 8:00 P.M. Commissioner Crisp moved, seconded by Commissioner McFall, that the Variance Committee Report of 26 June 1967 relative to V-297 be approVed and that the · request for Variance in connection with property line setback requirements be denied in accordance with said report; motion carried unanimously. C. UP-!34 - Frances D. Haden, Pierce Road - Request for Use Permit for the Keeping of One <1) Horse Continued from 12 June 1967 Chairman O'Rorke recommenced the continued hearing on UP-134 at 8:02 P.M. The Secretary stated nothing further had been added to the file. Mr. Norton, Carniel Court, pointed out that the horses that were on the Wilson property for a brief time caused odor, flies and dust and indicated that this is the type 6f thing that occurs when small lots back into acre lots where horses are permitted. Mr. Thomas, Carniel Court, stated he was opposed to this application for the same reasons as those stated by ~. Norton. ~.~. Wiley, resident of the area, objected to the proposed Use Permit and suggested that Mr. Haden take advantage of the short term care offered by some veterinary firms. Mr. Haden was present and stated that the flies would still be present since the orchard trees attract as many Or more flies than a horse. Commissioner Crisp reco~nended that. this matter be' continued since the inform- ation required by Ordinance NS-3 was not available. Commissioner Smith advised that at the last meeting it had been directed that all things discussed and considered for the Variance would be considered part of the Use Permit application; therefore, it would seem that if one is denied they should both be denied or the Use Permit plans should be revised to meet the Ordinance requirements. The Secretary stated that it was necessary for the Co~n~ission to act on the Use Permit as it now stood or the applicant could request that the application for the Use Permit be withdra~m. M~. Haden, in answer to an inquiry from Chairman O'Rorke, stated that he did not desire to withdraw his application for UP-134. Commissioner Crisp moved, seconded by Cormn~issioner McFal!, to close the public hearing on UP-134 at 8:11 P.M.; motion carried unanimously.-'. -3- Plannin5 Conm~ission Minutes of 26 June 1967 - Continued II. C. UP-134 - Continued Commissioner McFall moved, seconded by Commissioner Crisp, ~Lhat the request .for Use Permit UP-134 be denied since the findings required by Ordinance NS-3, Section 16 could not be made; motion carried unanimously. E. V-298 - Raymond Paxton, Squirrel Hollow Lane - Request for Variance in Connec- tion with Front Yard Setback Requirements - Continued from 12 June 1967 The continued hearing on V-298 was re-opened'at 8:12 P.M. Mrs. Paxton was present to explain the exhibits submitted by her at this time. Mrs. Paxton explained that 1) the setback starts from 7 feet behind the curb 2) when the request for Variance was originally submitted it was thought that the public utility easement was 10 feet but they have since found that it is only 7 feet; therefore, they would like to amend their application to request a 20 foot front yard setback. No one else present wished to comment. Commissioner McFall advised that the above mentioned change has been fully considered by the Variance Committee. He then read the Variance Committee Report of 26 June 1967 recommending that V-298 be denied. .it was moved by Commissioner Cri~p,"seconded by Commissioner Smith, that the Variance Committee Report of 26 june 1967 relative to V-298 be adopted and that the request for Variance in connection with front yard setback require- ments be denied for the reasons mentioned in said report; motion carried unanimously. F. PLAYHOUSE (DRAMATIC THEATER.) B.T. Galeb, Saratoga-Sunnyvale Road and Seagull I.~y - Informal Hearing on Request to Add Play- house (Dramatic Theater) to the List of Uses Permitted under the "C-N" (Neighborhood Con~ercial) Zonin5 District The informal hearing was opened at 8:22 P.M. The Secretary stated that a Notice.of Hearing had been published and then read a coF~unication submitted by the applicant's representative, ~.'Menard, requesting the additional use'. ~. Menard, architect for the applicant, was present and stated that i) not many of the shops in the Azule CrOssing Center would do business in the evening and 2) parking should be no problem since the plans include an ample amount. In answer to an inquiry from Commissioner Crisp, both ~. Menard and ~. Galeb agreed that a Conditional Use would be as satisfactory to them as a Permitted Use. Commissioner McFall advised that Since this is a new use in the City of Cit ' Saratoga a Conditional Use would, perhaps, be more satisfactory from the y s .standpoint. In view of the foregoing, Chairman O'Rorke (8:29 P.M.) directed this. matter continued to the next regular meeting and referred same to the Subdivision Committee for study and a report at that time. Pl. annin~ Comn~ission Minutes of 26 June 1967 - Continued II. G. UP-!35 Beatrice T. Broun, Vessing Road - Request for Use Permit for the Keepin~ of One (1) Horse Co~nissioner O'Rorke opened the hearing on UP-135 at 8:30 P.M. The Secretary briefly reviewed this file and stated that the Notices of Hearing had been mailed. ~. Broun was present to answer any questions the Commission might want to ask. Dr. Robert McCoy, Vessing Road, stated that 1) he disagreed with the people who objected to OT-134 earlier in the evening and 2)' he endorsed approval of both UP-134 and .UP-i35. After discussion, Chairman O'Rorke (8:33.P.M.) directed this matter continued to the meeting of 10 july 1967 and referred same to t~e Subdivision Committee for study. Co~issioner McFall.made an appointment with F~. Broun for Monday, 3 july 1967, for an on-site inspection of the property. RECESS AND RECO~YENE III. BUILDING SITES AND SUBDIVISIONS A. SDR-697 - L. R. Guist,'Be!nap R~ad - Buildin~ Site Approval - 1 Lot Mr. Quirk was present to represent the applicant and expressed satisfaction with the proposed conditions of approval. Commissioner McFall moved, seconded by ConLmissioner Crisp, that the Building Site Committee Report of 26 June 1967 relative to SDR-697 be adopted and that the tentative map (Exhibit "A", filed 15 June 1967) be approved subject to the conditions set forth in. said report; motion carried unanimously. B. SDR-698 - Ernest G. Chilton~ Wardell Road - Building Site Approval 3 Lots The applicant and his representative (Mr. Wolff) were present and stated that they objected to Condition II-A pertaining to the improvement of Wardell Road since ~hey would not be using same because of a private right-of-way. Commissioner McFall declared that the Subdivision Committee discussed the proposed conditions with the Director of Public Works; therefore, it would be necessary to consult with him before the report could be amended in any way. Chairman O'Rorke explained, to the applicant, that the proposed conditions of approval could be accepted by him as stated in the Building Site Committee Report subject to a request for reconsideration at a later date. After further discussion the applicant stated he would accept the proposed 'conditions with the understanding that he could submit a request for reconsider- ation of Condition II-A. Commissioner McFall moved, seconded by Com~issioner Crisp, that the Building Site Committee Report of '26 June 1967 relative to SDR-698 be adopted and that the tentative map (Exhibit "A", filed 16 June 1967) be approved subject to the conditions set forth in said report; motion carried unanimously. -5- · ' Plannin$ Con~mission Minutes of 26 June 1967 - Continued III. C. SDR-699 Paul E. Fiddes~ Three Oaks Way Buildin~ Site Approval - ! Lot There was no one present to represent the applicant. The Secretary stated that these conditions were basically the same as the ones agreed to by the applicant in his previous application. Commissioner McFall moved, seconded by Comn~issioner Crisp, that the Building Site Cormnittee Report of 26 June 1967 relative to SDR-699 be adopted and that the tentative map (Exhibit "A", filed 16 june 1967) be approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-700 - Frances B. Anderson, Big Basin Way and Fourth Street - Building Site Approval - 1 Lot Con~nissioner McFall, 'at the request of the applicant, recommended that this matter be continued since the.parking district (pertinent to this matter) has not yet been approved. Chairman O'Rorke so directed. E. SDR-701 - George R. Thayer, Pierce' Road Bui!din~ Site Approval - 4 Lots Commissioner McFall recommended that this matter be continued since revisions were necessary on .the map submitted. Chairman O'Rorke so directed. IV. DESIGN REVIEW A. A-204 - R~bert Green, Big Basin Way - Final Design Review - Conversion of .~ ~d from 12 June '1967 ADartment Buildin5 to Co~m, ercial Buildin~ - Con~inu~ The Secretary read the Staff Report of 26 June 1967 recomraending that this matter be continued off the agenda to await the approval of the proposed parking district. Chairman O'Rorke so directed. B. A-253 - L. B. Nelson, ProSpect Road - Preliminary Design Reivew - Car Wash Continued from 12 June 1967 The Secretary read the Staff Report of 26 June 1967 stating that the applicant would like a decision at this time as to '.which lay-out the Commission would prefer. Jerry GUrley was present to represent the applicant and to answer questions. Conmissioner Smith moved, seconded by Commissioner McFall, that Preliminary Design Approval be granted in connection with A-253, L. B. Nelson (Car Wash) as sho~m on Exhibits' "A" and "B"; motion carried unanimously. C. A-254 - B. T. Galeb, Seagull Way and Highway 85 - Final Design Review - Conmmercial Building Continued from 12 June 1967 The Staff Report of 26 'June 1967 was read by the Secretary and it was reconL~aended that this matter be continued off the agenda until re-instatement by the Staff and until Item II-F (page 4 of these minutes) is resolved. Chairman O'Rorke so directed. Plannin~ Con~nission Minutes of 26 June 1967 - Continued IV. D. A-Z56 - Dr. John Oliver, Sa~atoga-Sunnyvale Road - Final Design Review - identilication Sign - Continued from 12 June ].967 The Secretary read the Staff Report of 26 June 1967 stating that the applicant has submitted a revised sign and recommending approval of same subject to the sign for the carpets and linoleum being withheld. Con~issioner Smith moved, secon~eo by Commissioner Crisp that Final Design Reviex~ approval be granted in connection with A-256, Dr. John Oliver (Identification Sign) as shown on Exhibit "D" subject to the sign for the "carpets" being withheld until a request has been sub- mitted and approved for "carpets and linoleum shops" as either a permitted or conditional use in the C-S Zoning District; motion carried unanimously. E. A-257 - Professional Village of Saratoga, Saratoga Avenue and McFar!and Avenue - Preliminary Design Review for Professional Building - Continued from 1.2 June 1967 The Staff Report of z6 June 1967 .(read by the Secretary) recommended that A-z57 be continued off the agenda until the resolution of the conditions of Change of Zoning (C-43) can be resolved. Chai~nnan O'Rorke so directed. F. A-258 - Frances B. Anderson, Big Basin Way and Fourth Street - Preliminary Design Review - Restaurant The Secretary read the Staff Report of 26 June 1967 recommending, with concurrence of the applicant's representative, Mr. Warren Heid, that this matter be continued to the next .regular meeting to await the City Council decision on the proposed parking district. Chairman O'Rorke so directed. DESIGN P~VIEW .APPLICATIONS At this time the Secretary requested that the Staff be given the perogative to determine whether or not an application for Design Review should be placed on the agenda for action by the commission. This determination to be made on the basis of whether the plans and. information submitted are adequate. Chai~mn O'Rorke agreed tha~ this would be a good. idea and suggested that it be taken ~p at a time when a iull Commission is present. V. CITY COUNCIL REPORT Conm~issioner Crisp gave a report on discussion and action at the City Council meeting of 21 June 1967, with emphasis on items of particular interes~ to the Commission. VI. NEW BUSI~ISS A. SD-694 - George W. Day, Via F~nte Drive and Saratoga Avenue - RequeSt for Reconsideration of Conditions r~e Secretary read a letter submitted by Mr. Kaiser of MacKay and Somps requesting a reconsideration of conditions. The Secretary explained that Mr. Kaiser would not be present at this meeting since he planned to meet with the Subdivision Committee to discuss this matter. ChainT~n O'Rorke directed this matter continued ~o the next regular meeting and referred same to the Subdivision' Com2nittee for study and report. -7- Piannin~ Co.rm'.~ission Minutes of 26 june ].967 - Continued VI. B. SDR-574 - John M. KirkDatrick~ Pike Road Rec!uest for Extension The Secretary l) read a !.etter from the applicant requesting an e~xtension 2) advised that SDR-574 was not eligible for an extension since one had been previously granted and 3) recommended that this request be denied. It was moved by Commissioner Crisp, seconded by Commissioner Smith, that the request for extension in connection with SDR-574 be denied; motion carried unanimous ly. AMENDMENT TO THE SUBDIVISION ORDINANCE The Chair~n asked of the Secretary aboU't the status. of the proposed amendment to the Subdivision Ordinance referred to the Commission by the City Council and the Secretary reported that it would be brought up . at the next regular meeting on 10 .July 1967. VII. OLD BUSINESS Frank Drudin~ Request ................... ~e' s~cretary revie~ed 'th~ action t~ken 'by the' City 'Eoun~'il in regard' to the Frank Druding request for excess property and stated that after the Council referred it back no the Planning Con~ission a letter was forwarded to Flood Control ~o find out if they had any objections to Mr. Druding taking possession of this property. Flood Control's answer was passed on to Mr. Druding and his ............... - ......... reply is anticipated shortly. VIII. CO}D~ICATIONS A. ~IRITTEN 1. REQUESTS OF MEDICAL AND PROFESSIONAL VILLAGE The Secretary read two con~unications (one received from the Medical Village of Saratoga and the other from the Profession Village of Saratoga) requesting modification of conditions of Change of Zoning. CoEissioner Crisp advised that, he felt, a public hearing should be held with regard to ~his ~tter. Chairnmn O'Rorke directed that: an infor~l hearing be scheduled for the meeting of 10 July 1967 with regard' to the above mentioned items. 2. DF~ITAT ION The Secretary read the invitation received from the Youth Center inviting all members of the Commission to the Ground Breaking ceremony. B. ORAL Chairn~n O'Rorke acknowledged, with pleasure the presence of Councilman Burry, M~s. Stark of the Good Government Group, b~s. Duffy of the League of Women Voters. He also, expressed appreciation to'~s. Stark for the coffee served at recess. iX. ADJO~{~NT The Chairtrot declared the meeting adjourned at 9:02 P.M. Stan~r, Secretary Saratoga Planning Commission. j -8-