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HomeMy WebLinkAbout08-09-1965 Planning Commission Minutes (2) SIII,,2&~RY OF M!NI~ES CITY OF SARATOGA PLANNING COmmISSION TIME: Monday, August 9, 1965, 7:31P. M. PLACE: City Council Chambers, FruitVale Avenue, Saratoga, California ?ZPE: Regular Meeting I. RGUTINE OP.G.~NIZATION The meeting was called to order by Chairman Norton at 7:31P. 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 unanimously. II. PI~LIC }tI:.IARINGS The Chairman declared public hearings open for the evening at 7:33 P.M. A. C783 - Hamilton Development Corporation, Pierce Road - Request for Change of Zoning from "R-1-40,000" (Single Family Residential) to "R-i-40,000 P-C" (Single Family Residential Planned Community) - Continued frgm.J~lY 26. 1965 The public hearing on C-83 was resumed at 7:34 P.M. The Secretary briefly reviewed this application and read a comnmnication filed by Scott and Dorothy Smith of Pierce Road opposing the proposed change of zoning. Commissioner Crisp advised that the Subdivision and Planning Com~ittees 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-i-iO,O00" (Single Family Residential) to "R-M-3,000" (Multiple Residential) - Continued from ~1y. 26, 1965, The continued hearing on C-86 was resumed at 7:38 P. M. The Secretary briefly reviewed this application and advised that nothing further had been submitted for the file. There was no one in the audience who wished to comment with regard to this matter. Commissioner O'Rorke advised that after reviewing the plans submitted by the applicant, it was the opinion of the Design Review Committee 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 Saratogan (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- ~lannin~ Comnission Min.,~tes - A.w~.gust 9, 1~6~ II. C. C-87 - M.V.S. Company, Saratoga Avenue - Request for Change of Zoning ' from "A" (Agricultural) to "R-M-4,000 P-C" (Multiple Residential Planned Comnmnit7) - Continued from ju!ly 2___6., 1965 The continued hearing on C-87 was not 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 ~o comment with regard to this matter. Chairman Norton directed the hearing on C-87 continued until the next regular meeting. D. C-89 - Hamilton Development Corporation, Fruitvale Avenue - Request for Change of Zoning from "R-I-40,000" (Single Family Residential) to "R-1-20,O00 P-C" (Single Family Residential Planned Community) - Continued from July 26, 1965 The public hearing on C-89 was 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 comment with regard to this matter. Commissioner 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 Conunission; motion carried unanimously. E. UP-85 - Mrs. Gertrude K. Blackie, Pierce Road - Request for Use Permit for Two Horses on Two Acres under Separate Ownership - Continued from 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. Cou~aissioner Kellumread the report of the Subdivision Committee 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 P. M. Commissioner Kellum moved, seconded by Commissioner Crisp, that the Sub- division Committee Report of 9 August 1965 relative to UP-85~ b~s. Gertrude K. Blackie, be adopted and that the Use Permit be granted subject to 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 July 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 wished 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. -2- FlanninS commission Minutes T August 9, 196~ II. P. FP-86 - West Val~e.y .Baptist Church,.Fruitvale Avenue After a brief discussion, Commissioner Crisp moved, seconded by Commis,c. ioner McFall, that the public hearing on UI'-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 Committee Report of 9 August 1965 relative to C-86, West Valley Baptist Church, 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 Nursery School - Continued from July 26~.~965 The public hearing on UP-87 was 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-five (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 Hatlet of Pamela Way again expressed concern with the proposed loca- tion of the nursery school. lHe 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 schoolZto 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 granting of this application. Mr. Sam Hernandez and Mrs. Tena Miner of Big Basin Way and Mesdames Mary Moss and Anelia Deasy of Pamela Way protested the granting of the subject application on the basis of ~n 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 area imaP 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 company, 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. H. ~-pq - 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 w~s opened at 8:19 P. M. The Secretary advised that a Noticeof Hearing 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 Committee. Mr. Ty Papalias, present to represent the app]~icant, advised that one building housing general offices was proposed for the subject property. Dr. Abrams, in answer to a q~estion from Comnissioner Crisp, advised that he had tried to buy the .subje, ct property for inclusion in the Medical Village Development, but the ~owner had not wished to sell at that time. Plaqnin. g Commission Minutes - August 9 1965 II. H. C-9___~0 - Town and Country Realty,. Cox and SaratoNs Avenues Following a brief discussion, Chairman Norton suggested· 1) that Mr.. Papalias meet with the Subd:ivision Committee to discuss this proposal and 2) that he have sketches prepared to submit to the Committee at that time. Chairman Norton then (8:28 ~.M.) directed C-90 continued until the next regular meeting and referred same to the Subdivision Committee for study and a report. ~ I. _UP-88 - George W. Day Construction Company, Cumberland Drive - Request for Use Permit for Model Home Sales Office The public hearing on UP-88.was opened at 8:30 P. M. The Secretary advised that Notices of Hearing had been mailed and there were no written communi- cations on file. He then briefly reviewed this application. There was no one present who wished to comment with regard to this matter. After discussion Comfnissioner kellummOved e~cbnded by Commissioner O'Rorke, that the public hearing on ~P'88 be clos~d~ motiod carried unanimously and the hearing was closed at 8:33 P.M. Commissioner Crisp moved, seconded by Commissioner McFall, that-UP-88, George W. Day Construction Company application for model home sales office, be granted for a period of one year; motion carried unanimously. J. V-26____!1 - Raymond Micotti, Reid lane - Request for Variance in connection with Street-Side Setback Requirement The hearing on V-261 was opened at 8:35 Po M. The Secretary advised that Notices of Hearing had been mailed and there were no written communications on file. He then briefly reviewed the subject application. The applicant and a represen~ative 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-Sunnyvale 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 meeting and referred Same to the Variance Committee 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 hearings 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. pP-87 - University Pre-School ]of Saratoga, Big Basin Way - Continued from Earlier in the Meeting The hearing on UP-87 was resumed at 9:01P. M. Commissioner Crisp advised 1)~ the SubdiviSion Committee had met with the applicant and several of the p&ople 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 Corfaaittee that the report covers these items. He then read the Subdivision Committee 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 Commis- sioner Crisp, that the public hearing on UP-87 be closed; motion carried unanimously and the hearing was closed at 9:11P. M. Commissioner Crisp moved, seconded by Commissioner McFall, that the'Sub- division Committee Report of 9 August 1965 relative to UP-87, University Pre-School of Saratoga, be adop.ted and that the Use Permit be granted subject to the conditions specified in said report; motion carried uxmnimousl.}-~. -4 Chairman Norton extended a welcome ~o 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. SD-569 - Hamilton Development Corporations Pierce Road - Subdivision - 65 Lots - Continued from Jul~ 2~a 1965 Commissioner Crisp advised 1) that tile Subdivision Committee and the Planning Committee had met. with Mr. h~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 Committee recommends that this matter be continued until the next regular meeting. Chairman Norton so directed. B. SDR-585 - Don Perata~ .Pike'Road - Buildin~ Site Approval - 4 I,ots The applicant~s father (Mr; Peratas Senior) was present and after a brief discussion in regardmto conditions 'B" and "G' expressed satis- faction with the proposed conditions of approval. Commissioner Crisp moveds Seconded by Commissioner Kellums that the Subdivision Committee Report of 9 August 1965 relative to SDR-585s Don Peraid, 4 lots on Pike Roads be adopted'and that the tentative map (Exhibit ~"s filed 16 July 1965) be approved subject to the conditions set forth in said reportl motion carried unanimously. C, SD-587 - L. A. Palm~ Chester Avenue - Subdivision - 13 Lots The 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 Nation directed this matter be continued until the next regular meeting. : D. SDR-588 - Dale ~ickham. Via REaina - Building Site Approval - 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 Commissioner Crisp explained that it was possible to have P G & E move the poie so it would not be visible from the front or the back of the lo~. : Commissioner Crisp moveds seconded by Commissioner NcFalls that the Subdivision Committee Report of 9 August 1965 relative to SDR-588s Dale D. gickhams 1 lot on Via Reginas be adopted and that the tentative map (Exhibit ~"~ filed 2 August 1965) in accordance with the site develop- ment plan (Exhibit "B") be approved subject to the conditions set forth in said reportl motion carried unanimously. IV. DESIGN REVIEW A. A-192 - Saratoga Art Gallerys Big Basin ~ay - 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 met. After discussion Commissioner O~Rorke moveds seconded by Co~aissioner Kellums that A-192~ Saratogd Art Gallerys be granted final design approval for the sign as shown on Exhibits ~"~ "B" and "C' subject to removal of the existing (Horsess Mouth) sign~ motion carried unanimously. .-5- Planning Commission Minu__tes -.AuCust 9, ~96_25 V. CITY COt~CIL REPORT ' Commissioner Cowley gave a brief reuume 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 BUSINES VII.. OLD BUSINESS , A. Fred N. Cummings - Request that "Equipment Rental" be added to List of Permitted Uses for "C-S" (Commercial Service) ZoningiDistrict - Continued from July 26~ 19~5 Cpmmissioner 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) afte~ a ~eview of this request and consultation with the City Attorney, the Committee felt that it was ~ proper use for this zone but should be added ~s 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 Commission'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. He further directed that, whether or not the applicant was 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 subject zoning district. B. Joseph POn - Application for Commercial Zoning on Prospect Avenue:in City of San Jose The Secretary re~xested this matter be continued to allow him time to ~Tite a resolution regarding this matter. He 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..COMMUNICATIONS A. WRITTEN 1. SDR-512 - Hans Zwei~, Madtone Hill Road - Request for Extension The Secretary read a letter requesting an extension for one year in connection with SDR-512. After a brief discussion, Commissioner Crisp moved, seconded by C Commissioner Kellum, that an extension of one (1) year from the present date of expirat'ion be granted in connection with SDR-512; motion carried unanimously. 2. SDR-497 - Nojet Company', Inc., quito Road - Request for Extension The Secretary read a communication 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. Commissioner Crisp moved, seconded by Commissioner McFall, that an extension of one (1) year from the present date of expiration be granted in connection ~rith SDR-497; motion carried unanimously. Planning. Commission Minutes - Au~ust'9~. 1965 VIII. B. ORAL : Commissioner McFall advised that it had been brought to h~s attention that P G & E was in the process of relocating the transformer San Jose Water ~orks plant next to Paul Masson.. He.raised a question as to whether, in accordance ~th the City's present policy, this facility might be placed ~nderground. After discussion Chairman!Norton requested tha~ the Secretary ask the Director of Public Works to check into this IX, ADJOURN~NT Chairman Rorton declared ~he meetin~ adjourned at 10:03 Respectfully submitted, Stanley M. Wsiker, Secretary Saratoga Plannin~ Commission SM~/ v i J -7- CITY OF SARAT(IIA PLA}INING COMMISSION AGENDA TIME: Monday~ August 9~ 1965~ 7:30 PoFIo PLACE: City Council Chamberss Fruitvale Avenues Saratogas California TYPE: Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL B. MINUTE S II. PUBLIC HEARINGS A. C.-83 - .~ami!.ton. De~.e..~,m~nt !.corporat~.on~ Pierce Roaa - Request for Change of Zoning f~om '~1-40,000" (single F~mily Residential) to . '~-l-40sO00 P-~" {Sidle Family Residential Planned Comm~nity) - Continued from July 26, 1965 B. C-86 -Neil K..Chase~ Saratoga Avenue, - Request for Change of Zoning from '~-1-10',000" (Single Family Residential) to '~-H-3.000~.' ~ul=iple Residential) - Continued from July 26, 1965 C. C~-87 - M.V.S~..Companyt Sara. toga Av.enu.e. - Request for Change of Zoning from "A" (Agricultural) to '~-H=4,000 P-C" 0~ultiple Residential Planned Community) - Continued from July 26. 1965 D. C-,89 - Hamilton DevelOpment Corporation. Fruitvale Avenue - Request for Change of Zoning from "~t-l-40,O00, (Single Family Residential) to '~t-l=20,000 P-C" (Single Family Residential Planned Community) - Con~.inued from July 26. 1965 E. _.~-8__5 - l_{rs. GertrUde K. ,.Blackie, Pierce Road - Request for Use Permit for ~o Horses on Two Acres under Separate O~nership - Continued from July 26, 1965 F. UPs-.8,.6. - ~e. st Valle..y Baptist Cl~urCh. Fruitv~le Av_enue - Request for Use Permit for Church - Continued from July 26, 1965 G. UP-87 - Universit.V .P...r.e.-Sc.,hool .of Saratop, a_..Bi~ ..Basin ~ay - Request for Use Permit for Nursery School - Continued from July 26s 1965 H. C=90 - Town & Country Realty~ Cox and Sarato..ga Avenues - Request for Change of Zoning from "A" (Agricultural) to '~-A" (Professional- Admini str at ire) I. UP=88 -.George .,~.. Day Construction. Company. C~__~nberland Drive - Request for Use Permit for Hodel Home Sales Office J. V-261 - Ra3~nond Hi..cottis Reid Lane - Request for Variance in connection with Street-Side Setback Requirement SUBDIVISIONS AND BUILDING SI.TES A. ~D-..5.~69 - Ha, milton. Development Corporation. Pierce .Road - Subdivision - 65 Lots - Continued from July 26, 1965 B. SDR-585 - Don Perata. Pike Read - Building Site Approval - 4 Lots - Continued from July 26. 1965 C. .SD. 587 - L. A: Palm~ Cheste.r Avenue - Subdivision - 13 Lots D. SDR-588 - Dale gickham~ Via..,Re~ina - Building Site Approval - I Lot -1- Plannir~ Commis.s.ion A~enda - August 9,'. 1965 IV, DESIGNREVIEW A~!9_2 - ~arato~aArt.Gallery. Bi~: Basin Way - Final Design Review - Identifi- cation Sign v. c. xn com c.E U OR . VI. NEW BUSINESS VII. OLD BUSII~,~S~ A. Fred N..C,n~nin~s - Request that '~quipment Rental" be added to List of Permitted Uses for '~-s" (commercial service) zoning District -: Continued from July 26, 1965 B. ~oseph Pon - Application for Con=nercial Zoning on Prospect Avenue in City of San Jose VIII, COMMUNICATIONS A. ~-ITTEN SDR-512 - Hans Zwei~ Madtone' Hill Road - Request for Extension Bo ORAL ADJOURNMENT -2-