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HomeMy WebLinkAbout03-08-1965 Planning Commission Minutes (2) SUI~Y OF MINUTES CITY OF SARATOGA PLANNING COMNISSION TIME: Monday, March 8, 1965, 7:30 P.M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: ReSular MeetinS I. ROUTINE ORGANIZATION The meeting was called to order by Chariman Norton at 7:30 P.M. A. ROLL CALL Present: Commissioners Cowley, CriSp, Kellum, McFa!l, Norton O'Rorke, and Wright. Absent: None B. MINUTES Commissioner Cowiey moved seconded by Commissioner Ke!lum, that the reading of the minutes of February 23, 1965 be waived and that the minutes be approved subject to the following modification (requested by Chairman Norton): Page 7...'under VIII, B...second paragraph...second line --- Insert "personally" between "be" and "derogatory". Motion carried unanimously. II. PUBLIC HEARINGS The Chairman declared public hearing op?n for the evening at 7:33 P.M. A. C-76 - Robert Taylor Construction COmpany,. Prospect Road - Change of Zoning 'from "R-I-40,000" (Sipgle Family Residential) to "R-1-40,O00 P-C" (Single Family Residential Planned Community) - Continued from Februarv 23. 1965 The Secretary advised that the applicant's representative had informed him that the revised tentative map was in work but still had not been completed. He recommended, therefore, that C-76 be continued until the meeting on March 22, 1965. : Chairman Norton so directed. B. UP-74 - Dr. Robert. W~de, Souza Lane=- Use Permit to allow Convalescent Hospital adjacent to Westmoreland Convalescent Hospital - Continued from February 23, 1965 Dr. Wade and his. architect, Mr. Johnson, were present but stated that they had no further comment at this] time. Mr. Hamouris of McCulloch Avenue opposed the ~ranting of the subject Use Permit on the besis that the existinS Westmoreland Convalescent Hospital provided adequate facilities for t~e area. He further advised that, for the same reasoni he was opposed to the'proposed expansion of the Westmore- land facility. Mrs. Samuel Hash and Mr. Kenneth Proulxmade specific inquiries relative to plans for the hospital proposed by Dr. Wade but withheld comment until they could review the plans. Commissioner Crisp advised 1) the existing Westmoreland Convalescent Hospital has 35 beds 2) Dr. Wade's application is for a 60 bed facility 3) Mrs. Westmoreland has filed an application for a 41 bed expansion and 4) it was the 'recommendation of the Committee that both these applications (UP-74 and UP-75) be continued so fhat a joint study could be made pertain- ing to same. ' -1- Plannin~ Connission Minutes - March 8,.1965 - Co~x~inued II. B. UP-74 - Dr. Robert ~ade, Souza lane Chairman Norton, on the basis of this recd~mendation, directed UP-74 continued until the meeting on March 22, =1965, referred same back to the Subdivision Committee for further study, and requested that Dr. Wade make an appointment to meet with the Committee as soon as possible. C. UP-75 - Mrs. Luceal Westmoreland~ Souza Lane - Use Permit to allow expansion of Westmoreland Convalescent Hospital Theehearing on'UP-75 was opened at 7:44 P.M. The Secretary 1) advised that notices of hearing had been mailed and 2) read a communication filed by Donald W. Dryg, Jr. opposing the granting of the subject Use Permit. James Gifford, representing the applicant, advised 1) the hospital traffic, at.preSent, consists of'approximately 11 vehicles per day 2) an additional ~3.were anticipated with the' propbsed expansion, making a total of 24 vehi- cles per day and- 3) this was an. average including the weekend traffic. Ca~l Koch, SouZa Lane'and Quito Rbad,. expressed concern that Dr. Wade~s proposed hospital' a~d.the p~oposed expafi$ion of the ges~moreland facility Would create ad impossible traffic situation for the residents of Souza .L~,~e. After distassi~n~ he ~0~poa~d the g~nting of both UP-74, Dr. ~4ade, and UP-75, Mrs, Westmoreland, on ~he basis of increased traffic. After reviewing the plans, Mr. Proulx (who had withheld comment during the discussion of UP-74) opposed the granting of both UP-74 and UP-75. Chairman Norton,-after further discussion, directed UP-~5 continued until the meeting on March 22, 1965, referred same to the Subdivision Committee for study and a report, and requested that Mrs. Westmoreland. make an appointment to discuss this matter with the Subdivision Committee as soon as possible. Commissioner Crisp extended a welcome to anyone who cared to be present when the Committee met with the applicants (Dr. Wade and Mrs. ~estmoreland). D. UP-76 - Rachel A. Day and Mary E. Johnson~ Paseo Tierra - Use Permit for Nursery School The hearing on UP-76 was opened at 7:58 P. M. The Secretary advised that notices of hearing had been mailed and read a petition filed in opposition to the subject Use Permit, signed by 33 residents of the general area. Mrs. Johnson, one of the applicants, explained 1) no one would live at the subject residence. .it would be used solely as a nursery school 2) there was space in the area of the driveway which could be paved to provide additional parking 3) they would be licensed and inspected by the State and 4) she could see no reason for the proposed use to affect property values. Louis Rossi, Paseo Tierra, stated that he was one of the 33 who had signed the petition and again wanted to register his opposition to the granting of the subject application. He explained that he felt the septic tank would present a problem. Mrs. Day, applicant, stated that since there would be no laundry facilities and little use of the kitchen she fe}t the septic tank would be adequate. Don Tweedy, Bucknail Road, opposed the granting of this Use Permit on the basis of increased noise in the .neighborhood. Mrs. James Walch, Paseo Tierra, concurred with Mr. Tweedy. After further discussion, Chairman Norton directed UP-76 continued until the meeting on March 22, 1965 and referred same to the Subdivision Com- mittee for .study and a report at that time. Plannin~.9ommission Minutes.- March 8~ 1965.' - Continued E.. Pharnmcists - Request from Dr. Isaac N. Abrams that "Pharmacists" be added to the list of. Permitted Uses for the Medical Village at Saratoga and Cox Avenue - Continued from February 23, 1965 The informal hearins on this request was opened at 8=07 Po M. The Secretary 1) advised that notices of hearing had been mailed and 2) read a communication from the Chamber of Commerce opposing the granting of the request. Dr. Sturla explained 1) the proposed pharmacy would be a prescription pharmacy only 2) it is an essential part of a complex such as the Medical Village and 3) the proposed pharmacy would occupy only a portion of the building on Lot 1. Mr. Fontana of the West Valley Pharmacy raised a question as to whether a prescription pharmacy could be self-supporting in this area and opposed the granting of this request on the basis that Saratoga already has adequate pharmaceutical facilities. Jim Lawrence of the Quito Merchants Association opposed this request on behalf of the Association on the basis of the proximity and adequacy of the Quito Pharmacy. Ben Weiss of the Argonaut Pharmacy stated that he was opposed to the granting of this request because of the lack of an established need. After further discussion Chairman Norton directed this matter continued until the next regular meeting andreferred same to the Subdivision Committee for study and a report. F. Automotive Repair Shop - Request f~om Charles M. Schwab that "Automotive Repair Shop" be added to the list of Conditional Uses for ~he "C-N" (Neighborhood Commercial) Zoning District - Continued fromFebruary 2'3, 1965 The informal hearing on this request was opened at 8:31P. M. The Secretary advised that notices of hearing had been mailed and there were no commu- nications on file. B. T. Galeb, Seagull Way, advised 1); he li~es in the area and owns the'. subject property 2) he did not desire to have an automotive/repair shop on this property permanently but felt that such a temporary use would be .: an asset to the area and 3> he hoped the City would help e ermi e the best permanent use of the property. ' Sam Hernandez, Big Basin way~ spoke in favor ~f the subject request. Mr. Schwab, applicant, stated 1) he felt there as an established need for an automotive repair shop in the area and 2) he felt it would be a benefit to the Community. Chairman Norton directed this matter continued until the meeting on March 22, 1965 and referred same to the Subdivison Committee for study and a report at that time. The'Chairman declared public hearings closed for the evening at 8:39 P. M. RECESS AND RECONVENE Chairman Norton extended a welcome to Councilman Burry and Mrs. Owens of the Good Government Group and expressed appreciationZfor the coffee served by Mrs. Owens at.recess. Ill. SUBDIVISIONS AND BUILDING SITES A. SD-529 - Robert Taylor ConstruCt.ion Company~ Prospect Road - Subdivision 180 Lots - Continued from February 23, 1965 Chairman Norton directed SD-529.Co~tinued until the meeting on March 22, 1965 since a reviseH tentative mapzhad not been submitted for the Commission~s consideration. -3- Plannin~ Commission Minutes - March 8~ 1965 - Continued III. B. SDR-546 -. Mason Shaw, Bi~ Basin Way - Building Site Approval - 1 Lot - Continued from February 23, 1965 CommissiOner Crisp advised (on behalf of the Building Site Committee) that the revised tentative map submitted'by the applicant was not satisfactory since access to the aite was still inadequate. Commissioner Cowley observed that!the Design Review Committee had reviewed the plans and felt that ~he proposed parking pattern would not provide a usable parking lot. Mr. Shaw was present to discuss t~is matter with the Commission. When Chairman Norton explained that unless'an extension of time for action on the tentative map was granted,'it would be necessary, under the cir- cumstances, for the Commission toZdeny the subject application, Mr. Shaw did not express willingness to gr~nt the requested extension. In view of the above, Commissione~ Crisp moved, seconded by Commissioner McFall,"that unless a written statement granting an extension until 12 April 1965 was submitted prior toil9 March 1965 (present date of expiration of time for action on the tentative map), that SDR-546 be denied. After further discussion, the above motion and second were withdrawn by Commissioners Crisp and McFall~ respectively. Commissioner Wright then moved, seconded by Commissioner McFal-1, that SDR-546 be denied on the basis of~inadequate access and par~ing; motion carried unanimously. C. SDR-549 - James F. Jones~ Quito Road.- Building Site ApFroval - 1 Lot - Continued from Februaryi23, 1965 The applicant was not present. After a brief review of the propqsed conditions of approval, Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of 23 February 1965 relative to SDR-549 be adopted and that the tentative map (Exhibit "A", filed ll.February 1965) be. approved subject to the conditions set forth in said report; motion carried unanimously. D. SDR-550 - William D. Garland. Via,R~gina - BuildinS.Site Approval - 1 Lot The.applicant was not present, bu~ Commissioner Crisp advised that the applicant~s representative had obtained a copy of the proposed conditions of approval earlier in the day and had advised that there were no questions. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Report of'8 March 1965 relative to SDR-550 be adopted and that the tentative map (Exhibit "A", filed 15 February 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. E. SDR-551 - Immanuel Lutheran Church, Saratoga Avenue - Building Site Approval.- 1 Lot Commissioner Crisp explained that.a sidewalk had been required along the Saratoga Avenue frontage of the s~b]ect property since it was felt that it would be needed for people to get to the church from the street parking. Commissioner Crisp moved, seconded by Commissioner McFall, that the Building Site Committee Repor.t of 8 March 1965 relative to SDR-551 be adopted and that the tentative map (Exhibit '~A", filed 26 February 1965) be approved subject to the conditions set forth in said.report; motion carried unanimously. A question was raised as to whether a sidewalk should be required in connection with deve].opment of Tract No. 3812, across Saratoga Avenue from the subject property. At the suggestion of Commissioner Crisp, Chairman Norton referred this question to the Staff for consultation with the City Attorney and Director of Public Works. -4- Planning Commission Minutes - March 8. 1965!- Continued IV. DESIGN REVIEW A.' A-168 - Brown and Kauffmann, Inc.~.Miller Avenue - Final Design Review - Subdivision Homes - Tracts 23145 and 3146 - Phase I, 29 Lots - Continued from February 23',' 1965 'Commissioner Cowley briefly reviewe~ this application and advised that the Committee had again met with the applicant to discuss this matter...He then explained 1) the Committee had reviewed the entire subdivision 2) consideration had been given to alrowing fewer-curved.driveways in this portion of the development subject to the applicant's providing a sufficient number in the balance of the subdivision to meet the over-a.ll 25% require- ment and 3) it was possible that this approach. might overload the balance of the subdivision. Commissioner Wright observed that Brown & Kauffmann felt that they had met the intent of'the ordinance and' raised a questionas to whether the requirement for 25% curved driveways was rigid or whether the Commission had the right to depart from the percentage requirement if it felt that the intent had been met~ Chairman Norton and Commissioner O'Rorke state~ that it was their under- standing that the CommisSion had the right to depart from the standards if it felt the purpose had beeh met. Commissioner Wright advised that it was the general opinion of the Design Review Committee that with six (6) curved driveways and cul-de-sac streets the applicant had met the s'tandards by achieving harmony and an absence of monotony. Commissioner Cowley stated that he ]felt the'standards were established with a different type situation in ~mind, such as a subdivision with straight streets. He further observed that Brown & Kauffmann had always been very cooperative, that their presentations and their homes had been very good and' he felt this, too, should be taken into consideration. After further' discussion, Commissioner Cowley moved, seconded by Commissioner Wright, that' final design approval~be granted A-168, Brown'&Kauffmann, Inc., for the subdivision homes covering the 58 lots in Tract 3145 as shown on Exhibits "A-2", "B", and "C" with the proviso that ordinance requirements will be met in the balance of this'subdivision; motion-carried unanimously. B. A-170 - Mason Shaw~ BiT Basin Way - Preliminary Design Review - Commercial Building adjacent to SaratOga Theater - Continued from February 23, 1965 After a brief discussion Commissioner Cowley moved, seconded by Commissioner Crisp, that A-170, Mason Shaw, be denied on the basis Of inadequate parking; motion. carried unanimously. C. A-173 - Dr. John Oliver, Sar~toga-SuDnyvale Road - Final Design Review - Commercial Building on Pet 'Clinic Property Commissioner Cowley advised that the'Design Review Committee had reviewed the subject plans and found them satisfactory. Commissioner Cowley moved that A-173, Dr. John Oliver, be granted final design approval for a commercial building on the Pet Clinic property as shown on Exhibit "A". Commissioner Wright seconded the motion which carried unanimously. V. CITY COUNCIL REPORT ' Chairman Norton gave a brief resume of action taken at the City Council meeting ohM arch 3, 1965 with emphasis on items of particular interest to the Commission. -5- Planning Commission Minutes ,.~arch 8, 1965'- Continued VI. NEW BUSINESS V-254 - Thorn L. MaTes~ SUllivan. Wa.v. - Variance to allow 7' Side Yard in lieu of required 12"Side Yard Commissioner OtRorke apologized for his absence at the last meeting which, in the case of V-254, resulted in a tied vote. In accordance with Section 2.17(e) of=the Saratoga City Code, he then moved that V-254, Thorn L. Mayes, be granted. Commissioner ~right seconded the motion. Commissioner Crisp moved, seconded by Commissioner Cowley, that Commissioner O'Rorke's motion be continued until the' meeting on March 22, 1965 since he had b~en advised that there were other people who wanted to comment with regard tO' this application. In answer to Commissioner O~Rorke's question as to whether he was requesting that the hearing be re-opened, Commissioner Crisp stated that this was not his intent, that he was only suggesting that anyone who desired be heard as in the past. Commissioner O'Rorke commented 1) the ~equired hearing had been held 2) notices had been mailed for this hearing 3) this hearing had remained open for three ('3) meetings and 4) he felt this was sufficient time to allow anyone who desired to comment a chance to be heard. A roll call vote was taken on.Commissioner Crisp's motion': Ayes: Commissioners 'Cowley, Crisp and McFall. Noes.: CommiSSioners Kellum, Norton, O'Rorke and Wright. Motion did not carry. After further discussion a roll call vote was taken on Commissioner O'ROrke's motion to approve V-254i Ayes Commis~ioners Kellum,' NOrton, O'Rorke and Wright. Noes~ Commissioners Cowleyi C~isp and McFall. Chairman Norton ~gain advised that any resident or property owner who desired had the right to appeal this decision to the City Council. The Secretary called attention to a copy of a letter from the City Attorney which had been placed in each of the Commissioners folders, which letter proposed an amendment pertaining to a motion which dies of a split vote. After discussion Chairman Norton stated', with concurrence of the Commission, that pending enactment of an amendment as proposed by the City Attorney in his communication of February 26, 1965,. the Commission policy would be as follows: Action on any application is final subject to reconsideration at the same meeting as provided in the Ordinance, with the exceptfon that where. there is a tied vote because of the temporary absence of a Commissioner or Commissioners, the matter shall Be automati- cally continued until the next meeting of the full Commission. VII. OLD BUSINESS A. Count7 Plannin~ Agenda Items 1. Service Station - Prospect and Johnson Avenues The Secretary advised that the ~pplication for a service station at Prospect and Johnson Avenues had been denied by a unanimous vote of the County Planning Commission.~ 2.. Variance in Site Area - Bainter' Avenue Area The Secretary advised that the application for a variance to allow sites of less. than an acre in the Bainter Avenue area had been denied by the County .Planning Commission. -6- Planning CommiSsion Minutes - March 8, 1965 -. Continued VII. B. C-80 - Clarence W. Neale~ Saratogh-Sunnyvale Rq@~ - City Council Request for Clarification of Condition No. 3 The Secretary advised that the Ciey Council had requested clarification of the Commissionis intent with reference to use of the existing residence, covered by Condition No. 3 of the Commission recommendation relative to C-80. After discussion Chairman Norton advised, with concurrence of the Commission, that it was the intent of the Commission to recommend that the applicant be permitted permanent use of the existing residence as a shop subject to com- pliance ~rith Building Code requirements and parking. requirements. VIII. COMMUniCATIONS A.. WRITTEN 1. SDR-467 - Joyce Hendry~ Canyon View Drive - Request for Extension The Secretary advised that Mr. Hendry had submitted a letter request- ing an extension of one (1) year in connection with SDR-467. After discussion Commissioner Crisp moved, seconded by Commissioner Kellum, that an extension of~30 days from the present date of expiration be granted in conhection x~lth SDR-467 to allow adequate time for a review of the conditions before takin~ action on the re- quest for an extension of one (1) year; motion carried unanimously. Three Oaks Way -,Request for Extension 2. SDR-477 - ~aul E. Fiddesw The Secretary read a letter from the applicant requesting an extension in connection ~th SDR-477. After discussion Commissioner Crisp moved, seconded by Commissioner McFall, that an extension of one (1) year from the present date of expiration be granted in connection with SDR-~77 subject to addition of the followin3 condition: "Underground utilities required from pole nearest home." Motion carried unanimously. 3. SD-481 - John Antonucc$o, Brandywi.ne Drive - Request for Extension T ' he Secretary advised that a. request had been filed for an extension of one (1) year from the present date of expiration be granted in connection with SD-481 as requested; motion carried unanimously. VIII. B. ORAL IX. 'ADJOURNMENT Chairman Norton declared the meeting ~djourned at 11:19 P.M. Respectfully submitted, Stanley M. Walker, Secretary SMW/v / j -7- CITY OF SARATOGA PLANNING C0~4ISSION AGEh~A TIME: Monday, March 8, 1965, 7:30 P. M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE: Regular Meet ing I. ROUTINE ORGANIZATION ' A. ROLL CALL B. MINUTES II. PUBLIC HEARINGS A. C-7__6 - Robert Taylor ConstructiOn Company~ ~rospect Road - Change of Zoning from "R-1-40,000"'(Single Family Residential) to '~-1-40,000 P-C" (Single Family Residential Planned Community) - Continued from February 23, 1965 B. UP-74 - Dr. Robert Wade~ Souza Lan~ - Use Permit to allow Convalescent Hospital adjacent to Westmoreland Convalescent Hospital - Continued from'February 23, 1965 C, UP-75 - Mrs. Luceal Westmoreland, Souza Lane - Use Permit to allow expansion of Westmoreland Convalescent Hospital D. FP-76 - Rachel A. Day and Mary E. Johnson, Paseo Tierra - Use Permit for Nursery School E. Pharmacists ~ Request from Df.'IsaaC N. Abrams that '~hakmacists" be ~ added to the list of Permitted Uses for the Medical Village at Saratoga and Cox Avenues - Continued from FebrUary 23, 1965 F. Automotive Repair Shod - Request from Charles M. Schwab that "Automotive Repair Shop" be added to the list of Conditional ..... Uses for the "C-N" (Neighborhood Commercial) Zoning District - Continued from February 23, 1965 III. SUBDIVISIONS AND BUILDING SITES A. SD- 529'- Robert Taylor Construction Company~. Prospect Road - Subdivision - 180.Lots - Continued fromzFebruary 23,.1965.. B. SDR-546 ' Ma~on Shaw, Bi~ Basin Way.- Building Site Approval - 1 Lot - COntinued .from February 23, 1965 C. SDR-549 -.James F. Jones, quito Road - Building Site Approval - 1 Lot - Continued from February 23,'1965 D. SDR-550 - William D. Gar~and~ V~a Regina - Building Site Approval - 1 Lot E. SDR-551 - Immanue'l..Lutheran Church~ Saratoga Avenue - Building Site Approval - 1 Lot .. IV. DESIGN REVIEW A. A-1.68'~ Brown & Kauffmann, I~., Miller Avenue ~: ?].nal DesignReview - Subdivision Homes -.Tracts 3145 and 3146 - Phase I, 29 Lots - Continued from Februar~ 23, .1965 .' P_!ann].ng_ Comn!ssion A~enda - ~larch 8__~/!196~5' - Continued IVo Bo A-170.- Mason Shaw~_B~in WaX - Preliminary Denign Review - Commercial Building adjacent to Saratoga '£heater ~ Continued from February 23, 1965 C. A-173 - Dr. John Oltver~_Sarato~a-Sun__n.F___ale Road - Final Design Reviel,; - Commercial Buildi,~g on Pet Clinic Property V. CITY COI~qCIL REPORT VI. NEW BUSINZSS VII. OLD BUSINESS VIII o C0F~P~NICATIONS Ao ~RITTEN B. ORAL IX. ADJOURNMENT -2-