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HomeMy WebLinkAbout08-09-1965 Planning Commission Minutes CITY OF ~ARATOGA I'LANN1EG CO~!SSION TIME: Monday, August 9, 1965, 7:31 P. M. PLACE: City Council Chambers, Fruitvale Avenue, Saratoga, California T~fPE: Regular Meeting I. RCUTINE ORGANIF~TION The meeting was called to order by Chairman Norton at 7:31 P. M. A. ROLL CALL Present: Commissioners Cowley, Crisp, Kellum, McFall, Norton and O'Rorke. Absent: Commissioner Wright. B. MINUTES Commissioner Crisp moved, seconded by Commissioner O~Rorke, that the read- ing of the minutes of 26 July 1965 be waived and that the minutes be ap- proved as submitted; motion carried unanimouely. II. PUBI.IC HEARINGS The Chairman declared public hearings open for the evening at 7:33 P.M. A. C-83 - Hamilton Development Corporation, Pierce Road - Request for Change of Zoning from "R-1-40,O00" (Single Family Residential) to "R-1-40,O00 P-C" (Single Family Residential Planned Conununity) - Continued from July 26.. 1965 The public hearing on C-83 was resumed at 7:34 P.M. The Secretary briefly reviewed this application and read a communication filed by Scott and Dorothy Smith of Pierce Road opposing the proposed change of zoning. Cormnissioner Crisp advised that the Subdivision and Planning Con~tttees had met with the consultant (Lawrence Lackey) to discuss this matter furth- er and had been advised by Mr. Lackey that his report would probably be submitted later this month. On behalf of the Subdivision Committee, Commis- sioner Crisp then recommended that C-83 be continued until the next regular meeting. Chairman Norton so directed (at 7:37 P. M.) B. C-86 -Neil K. Chase, Saratoga Avenue - Request for Change of Zoning from "R-l-10,000" (Single Family Residential) to "R-M-3,000" (Multiple Residential) - Continued from July 26~ 1965 .... The continued hearing on C-86 w~s resumed at 7:38 P. M. The Secretary briefly reviewed this application and advised that nothing further had been submitted for the file. There ~ms no one in the audience ~ho wished to comment with regard to this matter. Commissioner O'Rorke advised that after reviewing the plans submitted by the applicant, it ~as the opinion of the Design Review Conunittee that the subject property could be developed for the proposed purpose without inter- fering with the neighboring properties since the elevation of the proposed building was below that of both the Sar~togan (adjacent on the southwest) and the Crystal Terrace (adjacent on the northeast). After further discussion, Commissioner Crisp advised that the Subdivision Committee Report relative to C-86 would be submitted at the next regular meeting. Chairman Norton (at 7:42 P. M.) directed this matter continued until the meeting on 23 August 1965. -1- Planning Comn.ission M_.{~es - ~ust 9, 196~ II. C. C_2~L - M.V.S. C~npany, Saratoga Avenue - Request for Change of Zoning from "'A" (Agricultural) to "R.oM-4,000 P-C" <I~ultiple Residential The continued hearing on C-87 {~as net re-opened at this time since 1) there were no additions to the file 2) there were no reports and 3) there was no one present who wished to con~ent with regcrd to this matter. Chairman Norton directed the hearing on C-87 continned until the next regular meeting. D. C-89 - Hamilton Development Corporation, Fruitvale Avenue -. Request fo~ Change of Zoning from "R-1-40,000" (Single Family Residential) to "R-1-20,000 P-C" (Single Family Residential Planned Community) - C_o. ntinued from July 26, 1965 The public hearing on C-89 ~ras resumed at 7:44 P. M. The Secretary brief- ly reviewed this application and advised that nothing further had been submitted for the file. There was no one present who wished to coE~ent with regard to this matter. Conunissioner McFall read the report of the Subdivision Committee rela- tive to C-89, recommending that same be disapproved. After a brief discussion, Commissioner Crisp moved, seconded by Commissioner Cowley, that the public hearing on C-89 be closed; motion carried unanimous- ly and the Chairman declared the hearing closed at 7:49 P.M. It was moved by Commissioner McFall and seconded by Commissioner Kellum that the Subdivision Committee Report of 9 August 1965 relative to C-89, Hamilton Development Corporation request for change of zoning on Fruitvale Avenue, be adopted and transmitted to the City Council as the recommenda- tion of the Conmxission; motion carried unanimously. E. UP-85 - Mrs. Gertrude K. Blackie, Pierce Road - Request for Use Permit for Two Horses on Two Acres under Separate ~nership - Continued f_ro__m_July 26~ 1965 .. The continued hearing on UP-85 was resumed at 7:50 P. M. The Secretary advised that no further con=nunications had been filed with respect to this matter. There was no one present who wished to speak with regard to this applica- tion. Commissioner Kellum read time report of the Subdivision Conunittee relative to UP-85, recommending that same be granted subject to certain conditions. It was moved by Commissioner Crisp and seconded by Commissioner McFall that the public hearing on UP-85 be closed; motion carried unanimously and the hearing was closed at 7:54 F. M. Cormnissioner Kellummoved, seconded by Commissioner Crisp, that the Sub- division Committee Report of 9 August 1965 relative to UP-85> Mrs. Gertrude K. Blackie, be adopted and that the UFe Permit be granted subject ~o the conditions set forth in said report; motion carried unanimously. F, UP-86 - West Valley Baptist Church, Fruitvale Avenue - Request for Use Permit for Church - Continued from Jul~ 26~ 1965 The continued hearing on UP-86 was resumed at ;:55 P. M. The Secretary briefly reviewed this application and advised that nothing further had been filed in connection with this matter. There was no one present who {~ished to comment with regard to this appli- cation. Commissioner McFall read the report of the Subdivision Committee relative to UP-86, recommending approval of this application. Plannin~ Cou~nission Minutes - August 9~ 1965 II. F. UP-8____~6 - West Valley Baptist Church, Fruitvale AveDue After a brief discussion, Commissioner Crisp moved, seconded by Conznissioner McFall, that the public bearing ou UP-86 be closed; motion carried unanimous- ly and the Chairman declared the hearing closed at 7:58 P. M. Commissioner Crisp moved, seconded by Commissioner Kellum, that the Sub- division CoTm~ittee Report of 9 August 1965 relative to C-86, West Valley Baptist Ch%,rch, be adopted and that the Use Permit be granted subject to the conditions set forth in said report; motion carried unanimously. G. UP-87 - University Pre-School of Saratoga, Big Basin Way - Request for Use Permit for Nutset7 School - Continued from July 26~ 1965 The public hearing on UP-87 ~ras resumed at 8:00 P. M. The Secretary briefly reviewed this application and read a petition filed in opposition to the proposed Use Permit which had been signed by sixty-fi~e (65) residents of the general area. The applicant (Mrs. Stinnett) was present and explained 1) nursery schools are listed as a conditional use in the subject zoning district 2) since the site is comprised of 2-% acres, the closest home is at least 100 feet away and 3) there are thirty-one (31) improved parking spaces in existence on the property. Harry Harler of Pamela Way again expressed concern with the proposed loca- tion of the nursery school. He advised 1) there are no children in this area to attend the nursery school 2) the same general area could well be served by the nursery school to be opened on Norton Road by the Sisters of Notre Dame 3) the two sessions proposed would no doubt increase the traffic significantly during the day and 4) on the basis of the foregoing, he again wanted to go on record as opposing the g~anting of this ap~lication. Mr. Sam Nernandez and Mrs. Tena Miner of Big Basin Way and Meadames Mary Moss and Amelia Deasy of Pamela Way protested the granting of the subject application on the basis of an increased traffic hazard and noise factor. Mrs. Mary Wade of Farwell Avenue spoke in support of the proposed nursery school. She observed 1) Mrs. Stinnett's present operation is a credit to Saratoga and 2) there is an established need for the school. Mr. Harler submitted an areamp indicating the homes without children, those with children and those with children in the nursery shcool age bracket. Mrs. Stinnett submitted a letter from her insurance con~any, confirming the school's liability insurance coverage with a company with an A+AAAAA rating. After further discussion, Commissioner Crisp requested that the Subdivision Committee be allowed to finalire its report during intermission. In view of this request, Chairman Norton (at 8:18 P.M.) deferred further hearing on UP-87 until after intermission. N. C-90 - Town and Country Realty, Cox and Saratoga Avenues - Request for Change of Zoning from "A" (Agricultural) to "P-A" (Professional- Administrative} The public hearing on C-90 was opened at 8:19 P. M. The Secretary advised that a Notice of Nearing had been published and read 1) the applicant's statement of reason and 2) a communication filed in opposition to the proposed change of zoning by the Medical Village Control Conmit~ee. Mr. Ty Papalias, present to represent the applicant, advised that ona building housing general offices ~ms ~roposed for the subject property. Dr. Abrams, in answer to a question from Com~nissioner Crisp, advised that he had tried to buy the subject property for inclusion in the Medical Village Developments but the owner had not wished to sell at that time. -3- Plannin.~_go~T~n. lssion Minutes - A~ust 9, 1965 II. H. C-9__0 - To~n and Co~ntr~ Re~lt~ Cox and Saratoga Avenues [oilowing a brief discussion, Chairman Norton suggested 1) that Papalias meet with the Subdivision Committee to discuss this proposal and 2) that he have sketches prepared to submit to the Conunittee at that time. Chairman Norton then (8|28 ~.M.) directed C-90 continued until the next regular meeting and referred same to the Subdivision Co~ittee for study and a report. I. UP-88 - George W. Day Construction Company, C~u.herland Drive - Request for Use Permit for Mode~ Home Sales Offic.~~ The public hearin~ on U~-88 was opened at 8:30 P. M. The Secretary advised that Notices of Hearing had been mailed and there wore no written communi- cations on file. He then briefly reviewed this application. There ~ras no one present who wished to co~hent with regard to this matter. After discussion Commissioner Kellum moved, seconded by Com~nissioner O~Rorke~ that the public hearing on UP-88 be closed; motion carried unanimously and the hearing was closed at 8:33 P.M. Commissioner Crisp moved, seconded by Connnissioner McFall, that UP-88, George ~q. Day Construction Company application for model home sales office, be granted for a period of one year; motion carried unanimously. J. V._-261 - Raymond Micotti, Reid Lane - Request for Variance in connection with Street-Side Setback Requirement The hearinE on V-261 was opened at 8:35 P, M, The Secretary advised that Notices of Hearing had been mailed and there were no written cormuunications on file. He then briefly reviewed the subject application. The applicant and a representative from Blue Haven Pools were present to discuss this matter with the Commission. They explained that a permanent subdivision fence 1) separates the property from Saratoga-Sunnyvale Road and 2) denies the property access to Saratoga-Sunn~vale Road. There was no one else present who wished to comment with regard to this matter. At 8:38 P. M. Chairman Norton directed V-261 continued until the next regular meetin~ and referred same to the Variance Cu~uittee for study and a report at that time. He also requested that Commissioner McFall assist the Committee with this study and report. Chairman Norton directed public hearinSs closed for the evening at 8:40 P. M. with the exception of UP-87 which was deferred until after intermission. RECESS AND RECONVENE II, G, UP-87 - University Pro-School of Saratoga, Big Basin Way - Continued from Earlier in the Meetin~ The hearins on UP-87 was resumed at 9:01 P, M. Conmlissioner Crisp advised 1) the Subdivision Committee had met with the applicant and several of the people opposing the subject application on Monday, 2 July 1965 for further discussion of this matter 2) the Committee had reviewed the specific items of the petition at recess and 3) it was the opinion of the Committee that the report covers these items. He then read the Subdivision Co~l~lttee Report relative to UP-87, recommending that the subject Use Permit be granted subject to certain conditions. After further discussion, Commissioner Kellum moved, seconded by C~nh~is- sicnor Crisp, that the public hearing on UP-87 be closed; motion carried unanimously and the hearjoE was closed at 9:11 P, M, Commissioner Crisp moved, seconded by Commissioner McFall, that the Sub- division Committee Report of 9 AuEust 1965 relative to UP-87, University Pro-School of Saratoga, be adopted and that the Use Permit be granted subject to the conditions specified in said report} motion carried unanimou~l}'- -4 Chairman Norton extended a ~elcome to Meadames Parker and French of the Good Govern- ment Group and expressed appreciation for the coffee served at recess. III. SUBDIVISIONS AND BUILDING SITES A. S_D-569 - Hamilton Development Corporation, Fierce Road - Subdivision - 6~ Lots - Continued froro July 26~ 19.65 . Comnissioner Crisp advised 1) that the Sul~division Committee and the Planning Cor~nittee had met with Mr. ~ckey again in connection with this matter 2) the final report would not be completed until sometime later this month and 3) in view of this the Comittee recommends that this matter be continued until the next regular meeting. Chairman Norton sc directed. B. SDR-585 - Don Perata~ Pike Road ~ Building Site App.roval - 4 lets The applicant's father (Mr. Perata~ Senior) was present and after a brief discussion in regard to conditions "B" and "G" expressed satis- faction with the proposed conditions of approval. Commissioner Crisp moved, seconded by Commissioner Kellum, that the Subdivision Committee Report of 9 August 1965 teldrive to SDR-585s Don Perate, ~ lots on Pike Road, be adopted and that the tentative map (Exhibit "A"s filed 16 July 1965) be approved subject to the conditions set forth in said report; motion carried unanimously. C, S_D-587 - L. Ao Palm~ Chester Avenue - Subdivision - 13 Lots __ ~he applicant was not present. Commissioner-Crisp recommended that this application be continued, because of lack of time for proper consideration by the Subdivision Committee and the Staff. In view of this Chairman Norton directed this matter be continued until the next regular meeting. D. SDR-588 ~ ~ale Wickham~ Via RE~ina - Buildin~ Site.~pFroval - 1 Lot The applicant was present and questioned specific condition "E" in as much as the power pole was located on the corner of the property. In a brief discussion Connnisstoner Crisp explained that it was possible to have P G & E move the pole so it would not be visible from the front or the back of the lot. Commissioner Crisp moved~ seconded by Commissioner McFall~ that the Subdivision Committee Report of 9 August 1965 relative to SDR-588, Dale D. ~ickham, 1 lot on Via Regina, be adopted and that the tentative map (Exhibit ~", filed 2 August 1965) in accordance with the site develop- meat plan (Exhibit "B") be approved subject to the conditions set forth in said report; motion carried unanimously. IV. DESIGN REVIEW A. A-192 - Saratoga Art Gallerys Big Basin Way - Final Design Review - Identification Sign The applicant was not present. Commissioner O'Rorke advised that the plans for the subject sign had been reviewed by the Committee and that all requirements of the ordinance had been mat. After discussion Commissioner OsRorke moved~ seconded by Commissioner Kellum, that A-192, Saratoga Art Gallery, be granted final design approval for the sign as shown on Exhibits "A" "B" and "C" subject to removal , of the existing (Horse's Mouth) sign; motion carried unanimously. -5- Planning Commission Minutes -AuMust 9, 1965 V. CI=__~_ COmJNCIL REPORT Conunissioner Cowley gave a brief resume of action taken by the City Council at the meeting on 4 August 1965 with emphasis on items of particular interest to the Commission. VI. NEW BUSINESS VII. QLD BUSINESS A. Fred N. Cummings - Request that "Equipment Rental" be added to List of Permitted Uses for "C-S" (Commercial Service) Zonfn~ District - Continued from July 26, 1965 Comm{ssioner Crisp advised 1) the applicant had requested that "Euip- ment Rental Service" be added as a permitted use in the C-S Zoning District and 2) after a review of this request and consultation with the City Attorney, the Committee felt that it was a proper use for this zone but should be added as a conditional use instead of a permitted use. After further discussion of this matter, Commissioner Crisp, on behalf of the Subdivision Committee, recommended that the Secretary be directed to 1) convey to the applicant the Connnission~s willingness to add "Equip- ment Rental Service" to the list of conditional uses for the C-S Zoning District and 2) request that the applicant file an application for a Use Permit together with a list of the equipment to be rented and a plan showing the proposed storage facilities for this equipment. Chairman Norton so directed. Re further directed that, whether or not the applicant ~as still interested in this request, the matter be placed on the next agenda under "OLD BUSINESS" so that action could be taken to add the proposed use since it seemed an appropriate use for the subJec~ zoning district. B. Joseph Pon - Application for Commercial Zoning on Prospect Avenue in City of San Jose The Secretary requested this matter be continued to allow him time to %Tits a resolution regarding this matter. Re stated that this would not come up for hearing with the County until sometime late in August. Commissioner McFall gave a brief summary on a recent information sheet circulated by Mr. Pon regarding this proposed development with emphasis on the proposed recreational area for children. VIII. CO~,~JNICATIONS A. WRITTEN 1. SDR-512 - Hans ZweiM~ Madrone Rill Road - Request for Extension The Secretary read a letter requesting an extension for oue year in connection with SDR-512. After a brief discussion, Co~nissioner Crisp moved, seno's,dad by C Cou~issioner Kellum, that an extension of one (1) year from the present date of expiration be granted in connection with SDR-512; motion carried unanimously. 2. SPR-497 - No,Jet Company, Inc., quito Road - Request for Extension The Secretary read a co~unication from Anna Lambourne, agent for the NoJet Company, Inc., requesting an extension of one (1) year from the present date of expiration in connection with SDR-497. Co~nissioner 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-497; motion carried unanimously. -6- Plannin~ Commission Minutes - August 9, 1965 VIII. B. ORAL Commissioner McFall advised that it had been brought to his attention that P G & E ~as in the process of relocating the transformer at the San Jose Water Works plant next to Paul Masson. He raised a question as to whether, in accordance with the City's present policy, this £acility might be placed underground. After discussion Chairmen Norton requested that the Secretary ask the Director of Public Works to check into this matter. IX. ADJOURNMENT Chairman Norton declared the meeting adjourned at 10:03 P.M. Respectfully submitted, Stanley M. Walker, Secretary Saratoga Planning CoL~ission -7-