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HomeMy WebLinkAbout09-11-1967 Planning Commission Minutes Sb~,.,9~L~RY OF MINUTES CITY OF SARATOGA PLANNING CO~1ISSION TIME: Monday, 11 September 1967, 7:30 P.M'. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION ; A. ROLL CALL "~ .... . Present: Commissioners Crisp, Johnson, ICasner, Norton, and Smith. " Absent: Commissioners McFall' and O'Rorke. B. MLNUTES Commissioner Johnson moved, seconded by Commissioner Crisp, that the " reading of the minutes of the 28 August i967 meeting be waived and that ~. they be approved as distributed to'the Comanission subject ·to the follow-· ing changes: page 9. .paragraph 3. .line 2. .delete "except in the case of public· .. service signs'·' ; · page 9. .paragraph 8. .lines 3 & 4. .delete "and 2) if a recommend~ ation from the Planning Commission is required, it could be realized after' a request from the City Council"; ~ .. motion carried unanimously. II. PUBLIC HEARINGS A. UP-138 - Clinton Lindseth, Vessing Road - Request for Use Permit for the KeepinS of One (!) Horse - Continued from 28 August 1967 ..... UP-138' wasre-opened for public hearing at 7:41 P.M'. The Secretary stated that nothing new had oeen added to the file. The Secretary read the Staff Report of il September 1967 recommending that the this Use Permit (UP-138) be granted subject to the conditions stated in said report. The applicant stated that he had planned to fence the' entire yard and then build a corral using part of this fencing. 'Commissioner Smith pointed out that the boundary fence could not be used as' part of the corral fencing. Chairman Norton explained that the horse could not graze in the entire yard and must be confined to the corral·area. After discussion, Cormmissioner Crisp moved, seconded by Commissioner Johnso, n, that the public hearing be closed (7:48 P.M.) on this matter; motion carried unanimous ly. . .-., It was moved by Commissioner Crisp, seconded by Corm~issioner-.~johnspn, .that the Staff Report of 11 September 1967, relative to UP-138, be adopted and the Use Permit be granted subject to the conditions stated in the report; motion carried unanimously. -1- P'lannin~ Cc~:m?,ission ~,iinutes - 1'~ Se3temb ic6' .... _ ..... ] or ~) / - Con~'inued ii. B. UP-!39 - Brox.;n~ and Kauf.fn'~=Ann, inc., Northampton Drive - Request for Use Permit for Model Ht~,n~.e Sales Office Public Hearing was opened at 7:49 P.M. The Secretary stated that Notices of Hearing had been mailed and then briefly reviewed this file. Chairn~_n Norton inquired if the applicant ~.',!anned to discontinue use of the model home sales office now "in c:.~istence. .~.Ir. Bob George, representing the applicant, answered that if the requested Use Permit is granted the use of the existing sales office will be terminated. No one else present wished to comment. The Secretary read the Staff Report of .=I1 September 1967 recommending that the subject Use Permit be granted in accordance with the conditions stated there'in. Commissioner Crisp moved, seconded by Commissioner Kasner, to close the hearing relative to this matter; motion carried unanimously and the hearing was closed at 7:53 P.M. Commissioner Crisp moved, seconded by Commi'ssioner Smith,'that the Staff Report.of 11 September 1967, relative to UP-139, be adopted and the Use Permit be granted subject to the following conditions: 1)Use Permit is valid for a period of one ( 1 ) year. 2) Model Home to be used for sales only. Construction yard use is prohibited. mot ion .carr led unanimous ly. C. V-304 - E!isabeth Gaudreau, Saratoga Hills Road - Request for Variance in Connection with Reduction in Lot Size The public hearing on V-304 was opened at 7:54 P.M. The' Secretary briefly reviewed this file and stated that the Notices of Hearing had been mailed and then read a communication submitted by the applicant explaining this request for Variance..7 Mr. Ole Berzins .present to represent. the applicant stated he had no further comments at this time. No one else present wished to comment. After a brief discussion, Chairman Norton (8:00 P.M.) closed the hearing for the evening and directed that V-304 be continued to the next regular meeting and referred same to the Variance Committee for study and a report. Commissioner Crisp, on behalf of the Variance Committee, arranged' an appoint- ment with the applicant for 16 September 1967, for an on-site inspection of the property. D. V-305 - B. T. Galeb, Seagull Way - Request for Variance in Connection with Site Width The Chairman opened the public hearing on V-305 at 8:01 P.M. The Secretary briefly reviewed this file and stated that the Notices of Hearing had been mailed .. -2-. Planning Commission Minutes tl September 1967 C ntinucd' - - o II. D. V-.305 - Continued The applicant had no representative present. No one else present wished to comment. The Secretary exDlained that the owerail development..pian..,reouested connection with SDR-710 and pertinent to V-305 had not been submitted by the applicant. In view o:f the foregoing, Chairnmn Norton directed V-305 be continued to the next regular meeting, referred this matter to the Variance Committee for study, and closed the public hearing for the evening at 8:03 P.M. Commissioner Crisp, on behalf of the Variance Committee, requested the Secretary to inform the applicant that the Committee would make an on-site inspection of this property on Saturday, 16 September 1967. E. V-306 - Herbert H. Mayr, Monte ViSta Drive - Request for Variance in Connec- tion with Site Width The public hearing on V-306 was opened at 8:03 P.M. The Secretary stated that the Notices of Hearing had been mailed and that no communications had been received.. The applicant was present and Stated that 1) the subject site was located at the corner of Monte Vista and E1Camino Grande 2) it consisted of 2.4 acres 3)'the property is suitable for a building site and 4) the Health Department has no ~bjections. Mr. Mayr, in answer to an inquiry form Chairman Norton, advised that his property was located just beyond the area scheduled to connect to the sewer line. Mr. Charles C. Smith, 19020 Monte Vista, stated that 1) he lived right across the street from the subject property 2) there is an enormous amount of.rain fall in the area each year 3) as a result the soil is washed out at a great rate 4) he has brought in several loads of earth 5) drainage is a problem in this area 6) if a house is built on this property it will add to the existing problems and '7) the access consists of a private road which does not conform to City Standards and should not have any more traffic. Mr. George Emerson, 18974 Monte Vista stated that 1) he concurred with the statments made by M~. Smith 2) the private road has been repaired frequently 3) the proposed house would be closer to the road than all the other houses in the area and 4) he was, also, speaking for ~s. Blauer, another resident of the area. M~s. Montgomery, resident of the neighborhood, stated that 1) the excess- ive rain, also, affected her property and 2) since the additional load on the drainage system would present further problems she was opposed to the proposed Variance. After discussion, Chairman Norton (8:11 P.M.) closed the public hearing for the evening, continued it to the next regular meeting and referred same to the Variance Conmnittee for study. Commissioner Crisp arranged for an appointment with the applicant for 10:00 A.M. on 16 September 1967, for an on-site inspection by the Variance Connnittee. -3- Piannin~] Com:'nission Min~;tes I! September 1967 ~ Continued II. F. UP-9I - Wiilia,'n j. King, Panorama Drive - Review of Compliance with Cond it ions Public hearing was opened at 8:12.P.M. The Secretary stated that Notices of Hearing had been mailed and then read a cor~aunication from ~. Wesley Goddard that !) explained that one of the horses boarded on !,~o King's property was part of a 4-H project participated in by his (Mr. Goddard's)' twelve year old son and 2) urged .the relaxing of local regulations with regard to horses. }~. King was present and confirmed the statements contained in the letter submitted by ~. Goddard. No one else present wished to comment. Commissioner Crisp advised that Mr. King' had violated the Ordinance on two occasions: No. 1 - Mr. King had'a horse on his property without a Use Permit' and after it was reported he then applied. for a Use Permit. No. 2 - After it was reported by a neighbor that ~. King was .keeping..more than one horse this public hearing was arranged to deter- mine the reason for this violation. The Secretary stated that b~. King has now removed all the horses from his property. After a brief discussion, Chairman Norton (8:19 P.M.) closed the public hearing for the evening,' continued it to the next regular meeting and. referred same to the Subdivision Committee for study. Commissioner Kasner suggested that.~. King attend the meeting of the Subdivision Committee to discuss this matter. Chairman Norton reminded the applicant that the Use Permit remains suspended until the Planning Commission determines what action should be taken. Commissioner Crisp stated that the question did not really concern so much the number of horses }~. King had but~.~ether the 'Zoning Ordinance.~is 'to~-be. .. enforced. G. KOSICH AND ASSOCIATES .- Nick Vukasovich, Saratoga-Sunnyvale Road - infornml Hearing - Request to Add Banks and Stock Brokerages' to the List of Uses Permitted Under the C-S (Commercial Service) Zonin5 District The Chairman opened discussion for this informal hearing and the. Secretary stated nothing further had been added to the file. The applicant was present and'advised that this was not a purely speculative request but that he could not mention the names of his clients at this time. In answer to an inquiry from Com~issi0ner Crisp, the applicant stated that realization of the'uses would .take about nine'ty (90) days. Pl~nnin~ Comnnission !.~inutes - 11 September 1967 Ii. G. I(OSICH A~YD ASSOCIATES - Continued Chairman Norton suggested that perhaps Insurance Offices could be added to the list of Permitted Uses at the same time as the requested uses. No one else present wished to speak. Chairman Norton closed the discussion for the evening, referred the matter to the Subdivision Committee and directed same continued to the next regular meeting. Commissioner Crisp advised that 1) the applicant might like to attend the Subdivision Committee meeting to discuss this requeS~ and 2) ~. Vukasovich arrange an appointment with the Secretary, ~. I~lker. The applicant stated that he would like an appointment for Monday, 25 September 1967. IIi. BUILDING SITES AND SUBDIVISIONS A. SDR-703 - H. H. Sinclair, Saratoga' Hills Road - Building Site Approval - 2 Lots - Continued from 28 AuSust 1967 ~. Louis Rapp, present to represent the applicant, expressed satisfaction with the proposed conditions of approval. Commissioner Crisp stated that due. to personal reasons he wished to !:d'is'~ua.li- fy.'him'se'rffrom voting on ~his matter. it ~.ms moved by Conunission Smith, seconded by Commissioner Kasner, that the Building Site Committee Report of 11 September 1967 relative to SDR-703 be -. adopted and that the tentative nmp (Exhibit "A", filed 20 August 1967) be approved subject to the conditions set forth in said report; motion carried unanimously, Commissioner Crisp abstaining. B. SDR-710 - B. T. Galeb, Seagull I.~y.- Building Site Approval - 1 Lot - Continued from 28 AuSust' 1967 Con~issioner Crisp advised' that the Subdivision Committee is a~.~iting action on V-305 prior to making a recommendation relative. to SDR-710 and then requested a continuance of SDR-710 until V-305 is resolved. C. SDR-712 - Jerry Jordan, Michaels Drive - Building Site Approval 2 Lots - Continued from 28 August 1967 The applicant ~s present and questioned Condition II-C..of the Building Site. Committee Report of 11 September 1967. After reviewing this proposed condition, Commissioner Ciisp stated that Condition II-C should not have been included'as part of the proposed conditions of approval. Commissioner Crisp moved, seconded by Commissioner Kasner, that the Building Site Committee Report of 11 September 1967 relative to SDR-712 be adopted, sub- ject to the deletion of Condition II-C, and that the tentative map (Exhibit "A-2", filed 6 September 1967) be approved subject to the conditions set forth in said report; motion car'ried unanimously. -5- · Plannin~ Commission.Minutes - 11 September 1967 - Continued III. D. SDR-716 - Fred Zend Irany, Pierce Road Buildin~ Site Approval - 2 Lots Commissioner Crisp advised that the Subdivision Con~ittee is awaiting the submittal of. a site development plan and recommended that this matter be continued to the next regular meeting. RECESS AND RECONVENE IV. DESIGN REVIEW None V. CITY COUNCIL REPORT In the absence of Comnissioner O'Rorke the Secretary gave a summary on items reviewed and action taken at the City Council meeting of 6 September 1967, with emphasis on the adoption of the Ordinance relative to Change of Zoning stating: 1. A Notice of Hearing would have to be mailed to people within 500' of · the'proposed Change of Zoning 2. That the fee for Change of Zoning shall be established at $200. VI. NEW BUSINESS VII. OLD BUSIneSS A. SDR-701 - George R. Thayer, Pierce Road - Request for Modification of Conditions ~ Continued from 28 August 1967 Commissioner Crisp explained that the modifications requested were as follows:' 1.Eliminate the curb and gutter requirements for the frontage of the property and 2. Change the A.C. requirement to oil and screenings for the.'entire Quarry Access Road. He further advised that the Subdivision Committee~ has agreed, with full concurrence of the Public Works Department, to eliminate the curb and gutter requirements but t'hat all other conditions remain the same and that a new report will be approved rather than a revised one. It was moved.by Commissioner Crisp, seconded by Commissioner Kasner, that the Building Site Committee Report of 11 September 1967, relative to SDR-701,. be adopted and that the tentative'map (Exhibit "A-i", filed 10 July 1967) be approved subject to the'conditions set forth in.said report; motion carried unanimously'. B. SITE DEVELOPMENT Pi~NS The Secretary explained that the processing of a site development plan is usually accomplished through approval of either: 1)A tentative map (Exhibit "A") and separate site development n~p (Exhibit "B"). 2) A single n~.p, (Exhibit "A"), combined i. nto both a t~ntative map and site development plan. as stated in the report submitted'by the Planning Director. Plannin5 CoF,~ission Minutes - 11 September 1967 - Continued VII. B. Site Development Plan - Continued Commissioner johnson moved, seconded by Commission iCasner, that the report of the Planning Director dated I1 September 1967, relative to site development plans, be adopted and that the subject report be kept on file foz future reference; motion carried unanimously. VIII. CO~.~iCATIONS A. WRITTEN 1. FLOOD CONTROL EASEMENT The Secretary read a conmunication'received from Cheriel M. Jensen requesting relief from compliance with conditions relative to Flood Control requirements since the Flood Control has'used a portion of the creek foz dumping and this is in conflict with Specific Condition "G" of the Building Site Conunittee Report of 14 August 1967 in file SDR-711; which, condition states that the creek shall be maintained, as nearly as possible, in its natural 'state. Y~s. jensen, also, requegted reconsideration of Specific Conditions "B" and "D". The Secretary advised that it would be necessary to confer with the City Attorney to resolve this. matter. 2. REQUEST TO GROW PLANTS The Secretary read a letter submitted by Clara Hoffman, and Charles H. and Mary Louise Hinton requesting permission to use the property located at 12571 South Highway85 for the growing of plants to sell wholesale. Chairman Norton 1) stated that a Co~unercial use could not be conducted in an R-1 Zone and 2) inquired about the meaning of Horticuitural Specialty.a use listed.in the. list of permitted uses in the R-1 Zone. Commissioner Crisp inquired about the possibility of erecting a fruit stand on this property. and the use of it to sell strawberries gro~.m on the property. The Secretary explained that the strawberries could be grown on the property but not sold from same. After discussion, Chairman Norton directed the Planning Director to discuss this matter with the City Attorney and obtain a clear definition of the use Horticultural.Special.ty. B. ORAL 1. RECEPTION FOR GENERAL Plan CITIZEN~'S CO~.~ITTEE At this time the Secretary reminded the Planning Commissioners of the invitation extended by the ~yor to attend the reception for the Citizen's Committee for the General Plan Review. -7- Planning Commission Minutes - il September 1967 - Continued VIII. 'B. ORAL - Continued 2. Chairn~n Norton acknowledged, with pleasure, the presence of Councilman Robbins, Mrs. Stark of the Good Government Group. He, also, expressed appreciation to lvLrS. Stark for the coffee served at recess. IX. ADJOUP, h~,~NT The Chairman declared the meeting adjourned at 9:06 P.M. Respectfully submitted, Stanley M.' Wa!kar, Secretary . Saratoga Planning Commission j ~8-