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HomeMy WebLinkAbout04-28-1958 Planning Commission Minutes CITY OF SARATOGA PLANNINO COMMISSION TIME: April 28, 1958 PLACE: Firemauls Hall, Oak Street, Saratoga, Calif. TYPE: Regular Meeting I ROUTINE ORCzANIZATION A. ROLL CALL Present: Anderson, Bennett, Crisp, Higgtns, Pasetta Tiffany, Webster Absent: None B. MINUTES Commissioner Anderson Moved that the reading of the min- utes be dispensed with and that they be accepted as distributed and read by the Commission. Commissioner Crisp seconded. Carried unanimously. II REZONING C-13 A. C-13 E. Mancini E. Mancini The Secretary read the request for rezoning of property at the end of Vtckery Lane from RIB3 and REB4 to REB4B. Commissioner Crisp moved that the Secretary be directed to set a date for public hearing. Commissioner Pasetta seconded. Carried unanimously. III PUBLIC HEARINGS A. USE PERMITS V-70 1. V-70'- V. D. Demarest, Jr. V. D. Demarest, Jr. The Secretary explained that this application had been continued from the April 14th meeting. The Secretary read letters from the following: 1) Santa Clara Flood Control and Water Conserva- tion District. 2) G~orge Day Construction Co. 3) Petttlo~ objecting to the recreation area signed by the following: Mr. and Mrs. F. M. Yamagucht, 12727 Saratoga Creek Drive; Dr. and Mrs. James B. Wall, 12695 Saratoga ~reek D;ive; Mr. and Mrs. Orlo R. Hill, 12711 Saratoga Greek Drive; Mr. and Mrs. Jack -1- Ball, 12759 Saratoga Creek Drive; Mrs. D. D. Reiter, 12743 Sarato9a Creek Drive. 4) Mr..Herbert R. Westlurid, against the Use Permit The followinG letters in favor or the Use Permit: 1) Mr. and Mrs. Wtllard B. Rice, Jr., 12452 Saratoga Creek Drive 2) Mr. and Mrs. James Green+12766 Saratoga Creek Drive 3) Mrs. Robert B. Suhr, Saratoga 4} Mr. D. D. Retter, 12743 Saratoga Creek Drive. The foll~wtnG spoke in favor of the Use Permit: V. D. Demarest, Jr., 12500 Palmta9 Drive, Mr. Carl Piper, 2016 Della Vista, Saratoga; ~rs. McMan, 124.81 Brook Glen Drive; Mr. Skalko, 12380 Clayton Rd., San Jose. The following spoke against issuing the Permit: Mr. EnGelsen, 12564 Brook Glen Drive; Mr. Frank Packard, 12534 Brook Glen Drtve~ Dr. Martin, 12450 Brook Glen Drive; Mr. Paul'Cochra~, 19131 Bellwood Drive; Mr. E. E. Cox, 19161 Cox Ave. +he Secretary read the report of the Subdivision Committee on this Use Permit. Commissioner Crisp moved that the Use Permit be 9ranted, subject to the followin9 conditions: 1) State lctton: Approval and acceptance of Articles of Incorporation and By-Laws by the State of Calif- ornia. Final approved copies to be filed with the Planning Commission. 2) Architectural ~ St~e Control: The Planntn9 Com- mission to have Architectural and Site Control ap- proval which shall include the following: (a) Lightino (b) Fencing: The area shall be completely -2- fenced except the access road from Cox Ave. to property line will not be required. The north boundary fence shall be so landscaped as to form a natural screen. The tennis courts shall hot be built closer than thirty (30) feet from the north boundary line. (c)Building Plans (d) Parking: All parking shall be off street and as many parking spaces shall be provided as practicable. (e)Access (f)Landscaping Membership: The membership shall be limited to 350 members. Of this total 7~ shall be residents of the City of Saratoga. For replacements within the remaining 25~ preference shall be given to residents of Saratoga. 4) Hours of Operation: The hours of operation of swim- ming pool and tennis courts shall be within the time limits of 7:00 A. M. and 1 hour following sunset. 5) Rules and Regulations: The corporation shall adopt rules and regulations for Its operation including but not restricted to those essential for control of swimming. pool and tennis courts, general activi- ties, safety, health, guests and noise. A copy of these rules and regulations shall be filed with the Planning Commission. 6) Extension of Br'ook Glen Drive: In the event of the extension of Brook Glen Drive the West boundary fence shall be moved to building line and landscaped. 7) Revocation of Use Permit: The. Use Permit shall be null and void at the end of eighteen (18] months from date of issuance unless the Brookside Club'is- -3- in active operation at that time. 8) There shall be an automatic review of the conditions of the Use Permit eighteen (18) months from date of its issuance but the Brookside Club of Saratoga or the Planning Commission may request such a review at an earlier date. Commissioner Higglns seconded. Carried unanimously. V-71 2. V-?I - W. A. Meyer W. A. Meyer Mr. William Ingram, San Jose Attorney, presented the Articles of Incorporation and the By-Laws for Penin- sula Recreation, Inc., the company which has an option on land for the proposed use as a Country Club. After a discussion involving the financial set-up of the corporation, Mr. Ingram was asked to send a letter stating the proposed financial arrangements and further that the conditions set by the State of California on the corporation will be submitted to the Planning Commission. Mr. S. L. Crawford, Rolling Hills Road, stated that he was in favor of a country club and that the by- laws are of prime importance. Also he felt that the question of what public use will be made of the club should be ascertained. In answer to a question from the Commission, the Director of Public Works stated that the net effect on the stream flow downstream from the property after development would be negligible. Commissioner Anderson moved that the case be con- tinued and that it be referred to Lawrence Living- ston, the Planning Consultant for a report. Com- missioner Crisp seconded. Carried unanimously. V-73, Day 3- V-73 - Day and Van den Boa & Van den Boa The Secretary read the request for a Use Permit for a non-profit recreation area in the Westview Tract. The Secretary read a letter against the Use Permit signed by George E. Martin, Mabel P. Martin, Frank and Patricla Packard, Mr. and Mr. K. Engelson, Brook Glen Drive. The following people spoke against the issuance of the Use Permit: Mr. Engelsen, 12564 Brook Glen Drive; Mrs. Packard, 12534 Brook Glen Drive; Mr. $chaabe, 12~00 Brook Glen Drive. The Secretary read a report of Commissioner Ander- son and Crisp on a conference held with Messrs. Day and Van den Boa. Afte~ a discussion among the Commissioners regard- ing the conditions as set out in the report, Com- missioner Crisp suggested the following changes: l) Review should be at 18 months. 2) Use Permit should be terminated in 18 months if not'being exercised. 3) Hours should be 7:00 A. M. to 1 hour after sunset. Commissioner Pasetta suggested that the entire area be fenced and that all parking be off street. In answer to a question from the Commission the Planning Consultant stated that it is a general practice to make such Use Permits revocable if the conditions are not met. Mr. 3enkel, 1241~ Brook Glen Drive asked who is to maintain the recreation area after the 18 month period. Commissioner Crisp moved that the Use Permit be -5- granted subject to the following conditions: a) The association established to operate ahd control the West View Community Non-Profit Recre- ation Activity shall be organized as a Non-Profit Corporation in accordance with the applicable laws of the State of California. A copy of the legal documents setting up this Corporation shall be submitted with application for Use Permit and the Use Permit when granted shall not be effective until the corporation exists legally. b) Membership: The membership of this Associ- ation shall not be in excess of 200 and shall be owners of property or residents of West View sub- division except that following incorporation and for a period of two years thereafter there may be temporary members not owners or residents but the total number of members either owner, resident, or temporary shall not exceed 200 at any time. c) Swimming Instructions: Swimming instructions for which a fee may be charged may be 9tven by a person or persons engaged and approved by the Corporation to children under twelve (12) years of age but the number of such children under in- struction at any time shall not exceed 75. The children under Instruction need not be residents of West Vtew subdivision. Other activities such as a Nursery School, for which a fee is charged may be approved by the Planning Commission under conditions to be established when proposed and approved. d) Hours o__fOperatTon: 7:00 A. M. to 1 hour after sunset. e) Parki~8: Adequate automobile and bicycle -6- parking, as approved by the Planning Commission, shall be provided. Safe ingress and egress shall be provided to this activity. All parking shall be off-street. f) Lighting: Adequate lighting, as approved, by the Planning Commission shall be provided. g) Fences: The entire recreation area shall be fenced in such a manner as to prohibit unauthorized access thereto. h) The Corporation shall adopt rules and regula- tions for its operation including but not re- stricted to those essential for operation and control of swimming pool, general activities, safety, health, guests and noise. The rules and regulations shall be submitted with application. t) Architectural & Site Control: All plans and layouts shall be submitted to the Planning Com- mission for approval. 3) Review: There shall be an automatic review of the Use Permit 18 months from date of its issuance but the corporation or Planning Commission may request such a review at an earlier date. Use Permit shall be terminated in 18 months if not being exercised. Commissioner Higgins seconded. Commissioner Webster offered the following amend- ment to the motion: The Planning Commission retains continuing jurisdiction to impose such additional regulations and restrictions concerning the use of the facilities as may be necessary to prevent un- reasonable interference with the quiet enjoyment of other property in the area. -7- Commissioner Tiffany seconded. Carried unanimously. The original motion was brought to a vote and carried unanimously. B. VARIANCES V-72 1. V-72 - Arnt Andersen Arnt Andersen The Secretary read the request for a variance on the front set-back from 25' to 15'. After a brief discussion Commissioner Crisp moved for approval of the variance. Commissioner Anderson seconded. Carried unanimously. V-74 2. V-74 - James H. Elliot James H. Elliot The Secretary read the request for variance in front and rear set-backs on a corner lot. Lee Brandenburg, subdivider, explained the request. Commissioner Pasetta moved for approval of the variance. Commissioner Higgtns seconded. Carried unanimously. V-75 T. J. Gtuffre 3- V-75 - T. J. Giuffre The Secretary read the request for variance in front and rear set-backs on a corner lot in Glenbrook sub- division. Commissioner Webster moved that the variance be qranted for a front yard set-back on Bonnie Ridge Way of 25', 20' back yard set-back, and side yard set-~acks of 10'. Commissioner Htggtns seconded. Carried unanimously. Public Hearings were closed at 9:28 P. M. IV PETITIONS AND GRIEVANCES A. WRITTEN COI~qUNICATIONS None B. ORAL COIv~IUNICATIONS None V COMMITTEE REPORTS A. SUBDIVISION COMMITTEE SDR 20 1. SDR 20 - T. D. Lance T. D. Lance The Secretary stated the history of the case. Commissioner Tiffany moved that the original recom- mendations made by the.County Subdivision Committee meeting of Aprt 16, 1957 still stand. Commissioner Crisp seconded. Carried unanimously. SDR 62 2. SDR 62 - St. Andtaws Episcopal Church St. Andtaws Episcopal The Secretary read the minutes of the Planning Com- Church mission meeting of March 10, 1958 at which time the hearing was continued. Roy W. StrasburGer, Vicar of the church stated that the church had secured title to the strip of land along SaFatoGa Ave. The D/rector of Public Works stated that the contour map ~howed that storm d~atnaGe would flow through their own land to Saratoga Creek. Commissioner Crisp moved foF approval of the tentative map subject to the following conditions: 1) That dedication and widening of SaratoGa Ave. to 45' from the centerline be put off for three years or unttl a building permit for a second building is applied for, whichever is earlier. 2) Acceleration and deceleration lanes be improved as required by City EnGineer. 3) Storm drainage be provided wtthin the property by the church since the property adjoins Saratoga Creek. 4) Only church property approved as building site. Commissioner Pasetta seconded. Carried unanimously SD 64- 3. SD 64 - ArGonaut, Unit #4 Argonaut Unit #4 , T~e Secretary read the conditions as set by the sub- division committee of the County PlanninG Commission at their meeting of April 16, 1958. The Director of Public Works stated that he had con- tacted the subdivider, Mr. Lodato, in connection with -9- condition #8, "Recommend improvement of Cox Ave. within limits of Tract #1489." The subdivider has offered to clears strip and grade this portion of Cox Ave. Commissioner Anderson moved fort approval of the tent- ative map subject to the conditions as set,'down'by the County subdivision comm. tttee, omitting Condition #8. Commissioner Tiffany seconded. Carried unanimously. SDR 65 ~. SDR 65 - M. A. DeSella M. A. De Selle The Secretary stated that Mr. DeSella had contacted the City Office and requested {hat this case be con- tinued until the May 12, 1958 meeting. B. ARCHITECTURAL AND SITE CONTROL V-76 1. V-76 - W. W. Burton W.W.Burton The Secretary explained the request for 2 additional underground storage tanks, 12' pump island and a new trash bin to be added to the Richfield station at the corner of Cox Ave., and Paseo Presada. Commtssinner Hi99ins moved for approval of the Archi- tectural and Site Control Permit. Commissioner Ander- son seconded. Carried ~nantmously. V-70 Commissioner Webster moved for reopening of V-70, V. V. D. Demarest, Jr. D. Demarest, Jr. Commissioner Pasetta seconded. The ~oliowing vote was taken: Ayes; Htggtns, Pasetta, Tiffany, Webster. Noes; Anderson, Bennett, Crisp. Commissioner Webster moved for the addition of the following amendment to the approval of Use Permit V-70: Planning Commission retains continuing jurisdiction to impose such additional regulations and restrictions con- cerntng the use of the facilities as may be necessary to'prevent unreasonable interference with the quiet enjoyment of other property in the area. Commissioner Higgins Seconded. The following vote was taken: Ayes; Tiffany, Webster, Higgins. Noes; Anderson, Bennett, Crisp, Pasetta. Commissioner Pasetta stated that he felt the amend- ment should be lifted at the end of the 18 month period. Commissioner Tiffany moved for ad3ournment at 10:30 P.M. Commissioner Higg]ns seconded. Carried unan- imously. Present: 45, Press: 0 City Officials present: City Administrator, Assistant to City Administrator, Director of Public Works, Plan- ninG Consultant. -ll-