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HomeMy WebLinkAbout06-24-1968 Planning Commission Minutes (2) ..C.~TY OF'.SA.P~.TOGA PLANNING COMMISSION ', MINUTES TIME-: Monday, 24 June 1968, 7:30 P.M. '.. PLACE: Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present: Commissioners Crisp, Johnson, Metcalf, Lively and Norton. Absent: Comm'issioners Smith and Easner. " B. MINUTES ~-. Commissi'oner Crisp moved, seconded by'Commissioner Johnson, that the reading of the minutes of the 10 June 1968 meeting be waived and that they be approved and distributed to the 'Commission; motion· carried unanimously. I I. ' PUBLIC HEARINGS A. ,C-!I~ - Edwin E. Cox, Cox Avenue - Request for Change or zoning from "A" (Agricultural) to "R-1-12,500 (Sinqle Famt.ly Residential) The hearing relative to CjI15 was opened at 7:36 p.m. The Secretary stated that Notice was published and mailed... He said the applican~zis requesti..ng a change of zoning to"..~-l-l~,~O0 between Saratoga Creek Drive and Brown & Eauffmann,s Pr~ide's Crossing; further that it is i'n conformance with the C~eneral Plan., and that a Preliminary Subdivision Plan-has been s~ub- ,,.. ....... mitted. Chairman Norton asked if there were any '.-communications 9ardin9 this matter and.the Se.cretary said:there was".;not. :"k :"[ " --. . ..... · Commissioner l:Johnson wanted to know what t~ situation was regarding access to the Brookside Club and would be an access from Brook Glen Drive an',d that they would. still have the one off of Cox. Avenue. Rod Stevenson.,. of 1212~ Ingrid Court, Vice-President of Brown and Kauffmann,:'sp~ke--.--rr-om_.the floor saying ~that he represents "Mr. Cox in ~fs development aAd'~atin9 the;re '~uld be four equal units wt th.in the next two to three plan had been studied at"some 'length with t~e Department of Public Works ~nd Planning Dep~rtment. Chairman Norton asked-if the plans would bef consistent with the layout of Pride"S Crossing and Mr. Stevenson said that they would be con'Sistent to Pride's Crossfn~ and the other subdivision .ju'st to the north:and east. Commissioner Crisp asked how ~any lots woul~ be involved and Mr. Stevenson said there would be 119. Hs [urther said that the planned community development had be~ Ftven up and that ...... · .- all the lots would be of standard size. .... Commissioner Johnson tnquired':as to whether~"there would be conn~ctln9 streets from cox to Prospect, an,i was told that both Brook Glen and Miller would connect -1- \ Planninq Commission Minutes - 2~4 _3.une 1968 - Continued "" """'.. \ Olen""went straight through to ~'Cox, it would be agai he Tennis Club· fence·. Commission._er Crisp pointed out the_t\ there would be a number ..of lots·between.. "" Chairman Norton said that the street plan ts not under C'o sideration here, only zoning, but suggested that Mr. Smith keep tn touch with Mr. Walker concerning the extension of Brook Glen and Miller. = Chairman Norton closed the hearin9 at 7:/~a p.m. and referred the matter to the Subdivision Committee for a report at the next mee.ttg9 on July 8, 1968. B. UP-I~I - James R. Dart, Sou'an L'a'~e'- Request for Use Permit to Allow a Convalescent Hospital - Continued from I0 June. Chairman Norton opened thts ipublic hearing at 7':~.3 p.m. and the Secretary read the Staff Report. There were no comments from anyone in the audience~ CommisSioner Cri'sp made the motion that subject request be " approved,..subject to the recommendations and conditions set .. forth tn"'the Staff Report. iCommtssioner Lively seconded, and the motion carried unanimously. The hearing was closed at 7:;~7 p.m. frL-. ...'''''Z]] ................C. UP-I~2 -Patricia A. ~,McAllen, Quito Road - Request for Use Permit to Allow a DaV Care NurserV (Nursery School) The Public Heartn9 on ~is ~atte~ was opened at 7:a8 p.m. The Secretary stated that NOtice of Public Hearing was mailed.. He read a communication fro~ Glen L. and Essie W. Roper, of 12~8~ Ouito Road, ',stating they had no objection to the grant- tn9 of this use permit and ~elt tt should be 9ranted. Mr. _.. Roper, who was in ithe audience, stated that since the house ts on a septic tank, that should be taken into consideration, in view of some trouble with septic tanks in the area. Mr. McAllen, husband of PatrZicta McAllen, said that they had worked with the Pl.annin9 Commission on this, and had already agreed to put in s~ewers. '. When asked how many children .they planned to accommodate, he said they were planntn9 for 30 children -- that they bought the home for this purpose and that actually, there were two buildings -- plenty of room. He said they had worked with the State Agency on this and it had been approved, and that, of course, they would have a State license. Chairman Norton asked the size of the lot. Mr. McAllen said that he had submitted forms on that but he could not remember exactly, but thought it was 172' x 1~6' and that the exist- in9 building ts adequate; in fact, he said, the State Welfare said that they could eventually care for 70 children. Chairman Norton inquired whether he or Mrs. McAllen had ever',: had any experience in this kind of venture and Mr.. McAllen replied in the negative, stattn9 that they were planning to hire qualified teachers. Mr. H. C. Big9s, 12~10 Paseo Cerro, who was in the audience, brought up the matter of the location berg so close to Cui to and. Paseo 'cerro, saying that would not be a safe intersection. ~ -2.- Plann'tnq Commission MinU~'es - 2h June;1968 - ContinUed ....... . ....Chairman Norton pointed outSthat the house; in question is .= .....,-.'more or less opposite Elmwooid -- opposite Northlawn, where- .. upon Mr. Btggs asked to see ja map of the .ocation, and it ::' ........... was determined tha't the house was between Paseo Olivas and .:.::7:~i..-; ........' ............Paseo Flores. Mr. Btggs asked what notice is normally g,ven on a matter this kind and was told'that everyone wttrjnan~oo Feet oF the p~operty ~s supposed to get a notice with n ~ days oF the meeting, and that ~the not~c~:s Fo~ this me ring were mailed v h-' ''' Fo~ a business oF ithis He was told that this is an R-1 (~es~dent: al) a~ea but that nurseries a~e allowed unde~ a use permit. The list oF uses, which Jncluded nu~'se~ies, was then ~ead. Mr. B~ggs ~egjste~ed his objection to g~antjng o~ ~js permit ~n the g~ounds 1) That a nursery jschool wou~ld change the ~es~dentfal complex- ion oF the netghbo~hood (that they had bo~ ght thei~ home this ~esidenttal n'eighbo~hood where businesses were not per- mitted); 2) That p~opepty values would be ~aFFected becau'se oF the nature oF this establishment, and ~% Felt a ~es~dentt81 a~ea should ~eFlect places oF pesJdence, t oF business; and 3) That t~aFF~c is heavy now and he FIt that safety conditions would not be good,. and that t~. and ~ou'ld not bea~ th~s additional load. Chairman Norton closed the hea~ing at 8:0( p.m., and ~eFe~ed the matte~ to the Subdivision Committee F ~ a ~epo~t at the next meeting on July 8. D. V-318 - Evelyn O. OeoFF~oy, ~omina Avenue - ~equeSt Fo~ Variance Jn connection with Co~ido~ ,~idth-.Acdess Road and Side Yard Setback Requirements - Continued F~om 10 June 1~68. The Public Hea~lng was opened at 8:01 p.m; and the Secretary ~epo~ted that the~e had been no regard to this matter. The Applicant was present but had nothing further to say on the subjec t. Commissioner Crisp ~ead a ~epo~t ~om ~t~e..Va~iance Comit~ee on this request which brought ou~ ~hat 9rant{n9 of this variance would be objectionable because a). It woul~ create an undesirable prec,~dent since there are a large number 8f ··lots in Saratoga where the same conditions exist; b) Two similar cases'..have recently been denied by the commission, ~d sofar as i~,kno'~n, no variances of this type have been 9ranted in ~e .past; .~nd c) A residence in the proposed location would be objectionable to adjoining neighbors and the proposed access road would probably be unacceptable to fu:.ture owners of the property. Mrs. Oeoffroy said she thought that because .she was next do6r to a Tennis Club, she' thought this was a l~ittle different. Chairman Norton said they had had similar proposals and they were turned down. There bein9 no further comments ~es- tions from the floor, Commissioner Johnson moved to the variance; seconded by Commissioner Crisp, and carried unani- mously. Chairman Norton reminded.-th~...applicant that the matter could be taken up with the Counc'i.l-~ The hear in9 was closed at 8:0~ p.m. V.,. .Plannin,q Commission Minutes - 2L~. june 1968 - Continued """,.... E. V-31c) - Raymond A. Long, Sarahills Court - Request for Variance in Connection with Distance between Structures and Side Yard Setback Requirements Chairman Norton opened the publtc hearing at 8:05 p.m. He asked the applicant tr he wanted this variance tn order to build a garage. Applicant said no, that it Is necessary in order to keep an Oak tree, or he was faced with the problem of moving the house further downhill, but that he has b&en told by engineers not to build any further downhill. : When asked if he could move the garage to the other side of the house, he replied that that would present a real problem due to the terrain. He further said that he has no neighbors that such a variance would affect and he replted negatively. Commissioner Crisp stated that the Committee,.· would like. to visit the property and see the problems involved, and ar',ranged with applicant to visit the property shortly after 9:00 a.ra. on Saturday, June 29th. Chairman Norton closed the'hearing at 8:10 p.m. and the ~tte~ to the Va?tance Committee for report at the next regula~ meeting. July 8. F. VISITOR CO~ERC~L - Proposed Ne~ Visitor Co~ercial Zoning, District - Continued from 10 ~ne 1968 Chairman Norton opened the public hearing at 8:11 p.m. Conumissioner Crisp stated that this Ordinance has been before The Commission before, but not in the form it is now. He said that it. has been gone over by the Subdivision Committee and the City Attorney and as far as the Subdivision Committee is concerned represents the objectives of the General Pl·an toward upgrading the C-S area. Commissioner Crisp said that what the Committee intended to do is create an area compared to our retail stores with' respect to size and sites to conform with the protected development on ..Highway 85. He mentioned that the original 1960 General Plan proposed this area and now the new Planning Consultant was more concerned with eliminating it. Chairman Norton invited anyone who wished to speak on this matter to come forward and get a copy, and several responded. Chairman Norton asked if the Committee wished to put itself on record as trying to be' more lenient of existing uses as suggested by our Consultant. The Secretary said that the point was that unless the\,exist- Consultant"may.have suggested we gave some administrative eeway to the existing operating uses, such as Redwo ' pi=e, and that provisions have already been made for purposes o·~ general upgrading of the area. Chairman Norton asked whether the Secretary understood the· Consultant to make any strong recommendations in this regard. The Secretary replied in the negative. Chairman Norton said that there were other areas to which this might be applied. Commissioner ~'d~'i~p"ment-ioned.__D~g __Basin Way, south of Fifth Street as an example of another area where this new zoning might apply. -4- Planninq Con~ission Minutes - 24 June 1968 - Continued ..... Chairman Norton pointed ou'b the changes to Sections 4, 5, 8, 9, l0 and 12 and called! for comments and questions Rocky Garcia asked about Sections 2 and 3, where he noticed that furniture stores were ileft out. He asked, what if some firm like Gumps wanted! to come down here as a specialty store specializing in, say, Japanese or Chinese furniture, what then? He said he thought the idea was to eliminate the big discount furniture:stores like those in Willow Glen. Chairman Norton asked Mr. Garcia if it would be satisfactory to him, from the developer's viewpoint, to have such a store as Gumps in his development, and Mr. Garcia said that it would be satisfactory, if they had that much square footage. There were no further comments in response to the Chairman's call for additional comments. Dr. John Oliver said that he was wondering what consideration had been given to continuing use of a building like his, and especially those that have been more or less oriented to the tenants that they are serving. ~ Chairman Norton said that this is what they are talking about, and the conclusion seems to be that certainly the uses not provided for in this Ordinance, but which exist at the present time, go on as they are. It would be.tegal non-conforming which cannot be extended or altered. Chairman Norton asked Dr. Oltver if he wished' to register his objection, to which he replied that he did, because these aren't old buildings; that they are buildings costing ~0,000 and maybe next week it would all be changed. '\ Chairman Norton said that nobody has a vested interest in the Ordinance and it has been talked about for 18 months and has been under active consideration since -- that it hasn't been rushed into, and that Dr. Oliver.sttll has a chance to present his objections to the Council. Mr. B. T. Oaleb felt that the problem should be approached with open minds and encourage citizens to buy in our city, instead of putting our businesses on a starvation basis. Chairman Norton said that if the Commission wished to take action to add furniture stores under the-conditions, he saw no objection, but that if Oaleb's Antiques are.-...a~ded under conditional uses, it would still require a use 6erait and a public hearing, ' ..............-. Chairman Norton said that since there didn't seem ~ be"aSy. urgency, there would probably be no objection to continuing it for two weeks. Mr. Garcta said that two we~s wouldn't make any difference. Chairman Norton closed the hearing at 8:41 and asked the Subdivision Committee to review this once more and directed continuance until the next regular meeting, , -5- Planninq Commission Minutes -'24 June 1968 - Continued III. BUILJ;?~(~ SITES AND SUBDIVISIONS ....... Chairman Norton ordered tb,,e following items on the agenda ccntinued until the next re.gular meeting on 8'~July ~.968: A. SDR-?32 , Franklin Homes Company, Fourth Str'eet and Sara!.oga "..... Creek - Building Site 'Approv,al - 1. Lot - contin'~ed ..................... from !0 June 1968. "" · .. \ \ B. SB~-744 - Nell Kirkham, Sobey Roa'd..,- Building Site ApproValx- ' ! Lot .- Continued from 10 June 1968. C. SD-?~.6- Dr. Michael L. Stepoyich, Sobey Road - SubdiVision ADorove! - 21 Lots - Continued from 10 June 1968. D. SDR-?~ - Robert C. Frazier, Vaquero Court ahd Cocciordi Quarry Road - Building Site Approval - 3 Lots - Continued from 10 June 1968 Commissioner....-Cr-i_sp_.~0ved approval in accordance with Exhibit "A", and subject to"'th'~':Oener-a.1 Conditions (1)-and Special Provision (2) and the requirements of'Flood Control and the.' Health Department. The motion was secondled by Commissioner Metcalf and passed unanimously. E. SDR-757 -, D. R. Papera, Montalvo Lane - Buirldin'9 Site ApprOVal_l_':~_iil 1 Lot - c6ntinued from 10 June 19'68 ,.--"'. . The Secretar~ stated that this request haa been wi thdraWn .... . -. by the .app! icant. i . _ ....-- · "' Commissioner Crisp moved fo~ acdeptance o~ the withdrawal. It was seconded by CommissiOner Lively, a.ld carried unanimously. ." .... f....Zj..--.~ ................RECESS AT 8:~5 p.m. and RECONVENED AT 9:00 p.m IV. DESIGN REVIEW A. A-276 - Wells Fargo ~ank, Saratoga-Los Oatos Road - Final Design Review ' ', ' There being no questions no~ comments from the floor and nothing from the Commissioners, Commisstoher Lively moved .... for approval of this Preliminary Design R~view, as recommended by Staff Report dated 2~ 3une 1968. cornre: ssioner Metcalf seconded, and the motion carried unanimou ly. B. A-281 - Dr. 3ohn Oliver, Saratoga-Sunnyvale [load - Preliminary DesiGn Review - Pet Clinic - Continu~:d f~om 13 May 1968 Chairman Norton asRed Dr. Oiiver if he hac seen the Staff Report, to which he replied that he had nSt. He was handed a copy, and had no comments 'to make. commissioner rot - aepta 'a 4rP e i in ry Design Review, subject to the Conditions ~et forth in the Staff Report of 24 3une 1968. The motion{was seconded by Commissioner Metcalf, and passed unanimously. C. A-286 - A. A. Dampsay, Big Basin Way - Final iDasign Review - 5hopping Center Identification Sign ~ Continued from 10 June 1968 Commissioner Lively pointed out that the current sign is an individual line sign and is ?~ square fee~; ~at the sign under consideration is 72 square feet, and that to grant it would be continutn9 a non-conforming stgn.{ Chairman Norton said that the Commission' iUs not in the busi- ness o.f keeptn9 non-conforming uses, and i[nqutred what the existing standard is, and the Secretary sa{id it ts ~0 square feet. Planning CofnmissiQn Minutes - 2~ 'june 1968 r. Con]LtnuCd The Secretary said that the applicant would like to improve the sign and make It more attractive and readable. Chairman Norton asked if Mr. Dampsay was asking for a variance and the Secretary said that he was only asking merely to re- place the present sign. Chairman Norton said that the Commission can't give a Design Review for something not qualified under the Ordinance, that applicant must comply with the existing Ordinance. The Sec- retary then read Section 15-5, "Alterations and Additions to Non-Conforming Structures". There was considerable discussion during Which Commissioner Metcalf said he felt the sign should be limited to ~0 square feet, and Commissioner Lively added that this application in effect, is for a new sign. Whereupon Chairman Norton directed that the matter be con- tinued until the next meeting and refer-red ~t back to the Design Review Committee for further study. D. A-28%- V~rgil Herring, Bi~ Basin Way- F~nal Design-Review- ShoDDing Center Identtf~cation Siqn Chairman Norton asked for comments or discussions on thls~ matter. There were none. Commissioner Lively moved that the Staff Report, based on the Final Design Review, and dated 2~ June 1968, and._sub-~e¢~ to the Conditions and to Exhibits "A" and "B", bekapproved, Commissioner Crisp seconded, and the motion carr~e~unan]- mously. V. CITY COb~CIL REPORT Chairman Norton stated that he artended the last C~ty Council meeting and told briefly what .took place. He particularly mentioned that the Council gav~ approval to the lake concept for Wildwood Park which involved coopera- .tton between the City and Flood Control ~n accompl'-t~htn~ a catch basin to assure water the year 'round,and se'~ve the trees. .,. ~,,'X VI. OLD BUSINE55 A. C-~3 - I. N. Abrams (Medical Vi 1 lage), Saratoga Avenue - Request for Extension - 5ubtdtvision Committee Report Commissioner Crisp said that this matter was referred to the City Attorney who said we must deny the request and that a new application be made. The Secretary said that this is a request for extension~ Chairman Norton said that the request was not In before tt .ex-- pired, therefore a new application would have to be filed, which woul~ mean an additional fee of $200. The Secretary suggested denying extension on the Change of Zoning Ordinance, and reco~ending it to the Council.. Dr. :~rams said he wondered how a new application for a change of zoning would be interpreted as to conditions for the Medical Village. ~airman Norton said that the City Attorney had prepared the paper work and said that we cannot grant an extension, and sug- gested to Dr. Abrams-that if he wished, he could take it up with the Attorney. .. -7- Plannin~ Commission Minutes ~ 24 June !1968 - Continued Commissioner Crisp moved that ~he request for.extension be forwarded to the City Council recommendin~-denial...'i~econd was by Commissioner Metcalf, and the motion carzied unanimously. B. C-106 - I. N. Abrams (M.V.S. Company), Saratoga Avenue - Request for Extension - Sub~.l[ivision Committee Report Commissioner Crisp said that no report was ~ade but the matter was referred to the Committee for discussion~ with applicant. The area is now zoned conditionally. It is located opposite Paul Masson Winery - some 10 acres approved !for RM-3000, with the requirement it be started within one yea~, which ends on July 5th. He said that to-date, no informat~ion has been received from Dr. Abrams indicating there is any intehtion of starting it u and it is obvious he couldn't comply by J ly, 5th. He said it was his opinion, and, he believed that of the Subdivision Com- mittee, that it should be recommended to the~ Council for denial. Commissioner Lively said that he had come toi the conclusion that even though Dr. Abrams has not been pre~ent at the Subdivis- ion Committee meetings, it might be unwise 'tO recommend that the extension,be denied without.discussing it with Dr~ AbYsms. Commissioner Crisp told Dr. Abrams that Commlssioner"Lively was asking for an explanation from his (Dr. Abrams') point of'\View. Dr. Abrams said that he had spent every minute possible on this project and had done the best he knows how, and that he would be glad to sit down with the Committee and go over it with them~ He said that in the original plan,. there were three-story build- ings and town houses -- that he was associated with the biggest. builders in the area, in which he had complete confidence -- and that this plan was withdrawn because the Committee couldn't see that. Subsequently, he said, he came up with another plan which, hopefully, would interest this developer, or that he might be able to find another developer. That.that took three or four months. That he had spent a great. deal of time trying to ferret out responsible individuals and for"'some...reason none of them worked out and that he had spent a great deal of time trying to find anothej architect who could come up wit~\~.Ome- thing that would appeal to the people living in the city,\'and · had not been successful. '\ ., Chairman Norton said that the Commission, naturally, has no objection to Dr. Abrams trying to produce a.proper developer, but he wondered if it is likely it would be done within the next year. Dr. Abrams said that that he had engaged an engineer to design the building sites, and he would like to have a little more time. Chairman Norten asked if there was an actual layout plot plan, to which Dr. Abrams said that he has a plot plan. He said.that it was substantially the same, but not in details -- that it was not worked out as carefully before. Commissioner Crisp said that as he recalled, Dr. Abrams wanted an earlier approval because he said he wanted to start worki "tomorrow." He said that Dr. Abrams has had ProfesSional-A&minis- trative zoning 5 or 6 years, on which he promised to stare work and that the Committee has held up several very desirable de- \ Planning Commission Minutes - 24 June 1968 - Continued velopments because they thought the ·work would be started. He said that unless there is absolute assurance that this project will be started within a short time, he felt it should be denied. Commissioner Metcalf said that extensions had been granted in the past and that there must be a stopping point somewhere. Commissioner Johnson suggested that the time be reduced to 90 days, instead of being a year. Chairman Norton said that the Commission is not prepared to go beyond six months, and that most don't want to 'g0 beyond 90- days. He said that they could turn it down and Dr. Abram~ could take it to the Council. He said they (the CommissioN) might approve it for 90-days. ~·· '\ Dr. Abrams said that they could jump into this but that would not serve the purpose - that the matter of financing enters into it,too. He said that he would prefer to sit down with the Committee and tell them what he has been and is doing. Commissioner Crisp said they never turned down anybody who wanted to talk to them. He further said he would be in favor of designating not only the starting dates, but the completion dates on such projects Chairman Norton said that since the Subdivision`· Co.n~n...ittee is willing to confer, he would continue C-106 until the··n~xt regular meeting, and suggested that Dr. Abrams contact ~he·. Subdivision Committee to arrange to meet with it. Chairman Norton directed that this matter be continued until the next meeting and that meanwhile the Applicant meet with the Subdivision Committee. C. C-86 - Neil K. Chase, Saratoga Avenue '- Request for Extension and Referral to Design Review Committee Commissioner Lively moved that the request for extension for one year on the conditiDnal change of zoning - 24 apartment complex to be located on Saratoga Avenue across frcm La Paloma Avenue - be approved subject to Conditions a), b), c) and!d) as set forth in the Staff Report dated 24 June 1968. The motion was seconded by Commissioner Metcalf and carried unanimously. vII. NEW BUSINESS A. Youth Center Parking Chairman Norton directed that this matter be continu'ed until \ the next regular meeting for further study by'the Staff and the Design Review Committee. The Secretary called attention to the fact that it has to be completed by 'September. -9- Planninq Commission Minutes - 24 July 1968 - Continu_~d B. Mayor Glennon In view of the Mayor's recent retirement, Chairman Norton said that he wished to express the feelin~ of the Commission that a special tribute was due to Mayor GLennon for his years of service to the City, and express~-d the Commission's best wishes for his continued success in ~is field of endeavor. VIII. COMMUNICATIONS A. WRITTEN "j[ 1) The Secretary read a request by Mr. Menar~ on behalf of Mr. Galeb to permit King Dodo Playhouse, unde~ its use permit, to change its location within the building where it .:-.is now located. The Secretary said that ther'e. wOuld be no change tn access or exits, that tt would actual. l~ only· move across the corridor from where it is .now'. Chairman Norton referred the matter to the Staff for"'Con-.. sideration at the next regular meeting. \. '\ 2) A letter from Wm. S. Carnazzo regarding C-ll2 was ~ead by the Secretary and Chairman Norton directed that it be flied, since it was not a letter requiring action. " B. ORAL - None. Chairman Norton acknowledged the presence of Councilman Jerry Smith, and Mrs.. Owen of the Good Government Group.' The meeting was adjourned at 10:10 p..m.. Saratoga Planning Commission