Loading...
HomeMy WebLinkAbout05-08-1967 Planning Commission Minutes SU~ARY OF MIN~UTES CITY OF SA~RATOGA PLANN,_~.G CO~viMISSION TI~Z: Monday, 8 ~ay 1967, 7:30 P.M. P!JCE: City Council Chambers, Fruitvale Avenue, Saratoga, California TYPE; Regular Meeting I. ROUTINE ORGANIZATION A. ROLL CALL Present:Commissioners Crisp, Johnson, Kasner, McFall, Norton, and Smith. AbSent: Commissioner O'Rorke. B. MINUTES Commissioner McFall moved, seconded by Commissioner Kasner, that the reading of the minutes of 24 April 1967 be ~ived and that the minutes be approved subject to the following changes: page 2. . .Section II, A. UP-120. .line 1. . .change: "Norton Road to Bohlman Road" page 2.. .paragraph 9.. .line 6. '..change: "under estimated to underestimated" page 4. . .paragraph 1. . . line 5. .add: "Commissioner Norton" page 5. . .paragraph 5. . .line 2. . .delete: "a" and change: "communication to communications" page 5. . .paragraph 5. . .line 4. . .insert: "all" between the words Mercer and filed page 5.. .paragraph 11. , . line 2. .add: "Similar arrangements as the ones proposed by Roy Kosich:" and delete same from: page 5.. .paragraph 12..' .line 1 & 2 page 7. . paragraph 4.. . line 2.. . change: "the next regular meeting to read the meeting of 22 May 1967"; motion carried unanimously, C, CO.~LMITTEES Chairman Norton stated that since Commissioner Crisp had gained experience by serving on the General Plan Committee at the time of the previous I.~jor Review he would like to reappoint him to that Conh~ittee; therefore, requir- ing the following changes on the Variance Committee: 1) Commissioner McFall was appointed to serve on the Variance Committee to replace Commissioner Crisp. '1- Planning. Commission Minutes of 8 ~y 1967 - Continued I. C. COMMITTEES - Continued 2) Commissioner Kasner ~s appointed to serve as Chairman of the Variance Cormnaittee in place of .Conn~issioner Crisp. '. D. VISITOR Chairman Norton introduced and extended a welcome to ~. BergL Gabrielson, Chief Administrator of Karlshom, Sweden, who is visiting the United States ano observing local governments. II. PD~BLIC HEARINGS A. UP-120 - Sisters of Notre Dame de Namur, Bohlm~n Road - Request for Use Permit for Construction of New Novitiate Facilities - Continued from 24 April 1967 The c. ontinued hearing on UP-120 was resumed ~t 7:43 P.M. Con~missioner McFall briefly reviewed this application and then read a report explain- ing his position on the application. Con~nissioner Smith stated that since his residence is situated near this site he finds it necessary to disqualify himself from any discussion or vote regarding this nmtter. There was no one present to represent the applicant. There was no one in the audience who wished to coF~nent with regard to this matter. Commissioner Crisp then read the report of the Subdivision Comnittee recommending approval of the subject Use Permit. Commissioner Kasner called attention to a memo, submitted by b[r. Russ of Sigal Way, stating his opinion with regard to certain aspects of the sub- ject request. After discussion, Commissioner Crisp moved, seconded by Commissioner McFa!l, that the public hearing on UP-120 be closed; motion carried unanimously and the hearing was closed at 7:52 P.M. Commissioner Crisp moved, seconded by Commissioner McFall, that the Sub- division Committee Report of 8 ~ay 1967 relative to' UP-120, be approved and that the Use Permit be granted in accordance with subject report and subject to the conditions stated therein; motion carried unanimously. B. C-106 - M.V.S. Company, Saratoga Avenue - Request for Change of Zoning from "A" (Agricultural) to "R-M-3,000" (Multiple Residential) - Continued from 24 April 1967 The continued hearing on C-106 was not resumed at this time. Commissioner McFall stated that the plans submitted Dreviousb.~ by the applicant have been unsatisfactory and recommended·.that~·this matter be continued to SUch time as the applicant is ready to submit additional plans. Dr. Abrams was present to represent the applicant and stated he would like this matter continued to the next regular meeting since he planned to sub- mit further plans prior to that time. -2- Plannin~ Co~'nission Minutes of 8,May 1967 - Continued II. B. C-106 - Continued ~ On this basis, Chairman Norton.directed this matter continued to the meeting of 22 May 1967. C. C-71 - Ma.~,nnar investment Company, Walnut Avenue - Request for Change of Zoning from "R-!-12,500" (Single Family Residential) to "R ~" ~000" (Multi-Residential) - Continved from 24 April 1967 -~-~ The continued hearing on this matter was re-opened at 8:02 P.M. The Secretary briefly reviewed this application, and then suma~arized a report submitted by the attorneys representing Mr.. Bastianelli (owner of Brookside Glen Apartments). Mr. Resner was present to represent the applicant and stated that I) it had been his understandi. ng that a survey would be conducted 'and studied prior to any further consideration of this application and 2) the applicant is willing to alter the proposed plans if the Con~ission indicates that this is necessary. Mr. W. L. Teepie, Jr., 14120 Alta Vista, Mr. Green, 14170 Victor Place, and Mr. H. J. Oberhaus~ 14080 Alta Vista were present and stated their objections to the proposed development. After further discussion, Cormnissioner McFall reco~nended that Mr. Resner call the Secretary for an appointment to meet with the Subdivision Com- mittee for further consideration with regard to this topic'. In view of the foregoing, Chairman Norton directed this matter .continued .to the next regular meeting on 22 May 1967. D. V-293 - Harry Maynard, Springer Avenue - Request for Variance in connec- tion with Lot Size, Lot Width, and Frontage Requirements - Continued from 24 April 1967 The continued hearing on V-293 was re-opened at 8:09 P.M. The Secretary briefly reviewed this file and then read con~nunications from .1) May T. Elliot, 14361 Springer Avenue 2) Eva L. Symon, 14361 Springer Avenue 3) John and Ernestina Gregorides, 14300 Paul Avenue 4) Margaret Sherrill, 14290 Paul Avenue 5) Mr. and Mrs. Max Frusterwalden, 41 Chester Street, Los Gatos 6) Charles H. Martin, 14251 Springer Avenue and a petition signed by fourteen (14) residents of Paul Avenue all filed in Opposition to this proposed variance. He then explained an exhibit submitted by the applicant just prior to the. opening of the meeting and read a con~-:~un- ication from the applicant stating that all attempts to purchase additional property from the adjacent property owner had been refused. ~F~e applicant was present but stated that he had. no further con~w. ent at this time. There was no one else present who wished to cormv~ent with regard to this matter. Co~aissioner Kasner read the report of the Variance Co..~.ittee relative to V-293, recow~mending that sarae be denied. After discussion, Cor~issioner Crisp moved, seconded by. Conraissioner McFall that the public hearing on V-293 be closed; motion carried unanimously and the hearing was closed at 8:24 P.M. '3- Planning commission Minutes of 8 ~y 1967 - Continued II. D. V-293 - Continued Conm~issioner Crisp moved, seconded by Com~issioner Johnson, that the Variance Committee Report of 8 ~y 1967 relative to V-293 be approved and that the request for a Variance be denied since the findings required by Section 17.6 of Ordinance NS-3 could not be made; motion carried unanimously. E. V-294 - Stephen Dimeff~ Saratoga Avenue - Request for Variance in Connection with Site Area and Lot Depth Requirements The public hearing on V-294 was opened at 8:26 P.M. The Secre.tary advised that Notices of Hearing had been ~iled and then briefly reviewed this application. Mrs. Wilbur Worden, Squirrel Hollow Lane, was present and stated that her property ~,ms situated near the applicant~ and she had no objection to the granting of the requested variance. There was no one present to represent the applicant. The Secretary stated that Mr. Wilson, Realtor and representative for the applicant had notified him that he would be unable to be present for this meeting, but he would be available to meet with the Committee at a later date. At 8:29 P.M., Chairman Norton directed V-294 continued 'until the next regular meeting and referred same to the Variance Committee for study and a report at that time. Commissioner Kasner, on behalf of the Variance Committee, made arrangements with other members of the Variance Committee to meet for an on-site inspec- tion at 8:30 A.M., Saturday, 13 May 1967. F. C-80 - Clarence W. Neale, Saratoga-Sunnyvale Road - Informal Hearing on Request to Add Additional Uses to the List of Uses Permitted Under the Conditional Community'Commercial Zoning - Continued from 10 April 1967 The informal hearing on this matter ~s resumed at 8:30 P.M. The Secretary briefly reviewed this file and then read a letter submitted by the appli- cant that 1) stated the need for the additional use 2) requested that the uses previously applied for be withdrawn and 3) outlined the procedure that he would follow to meet all the zoning requirements necessary to bring his development into compliance with the Zoning Ordinance. The Secretary then read the Staff Report pertaining to this matter, recom=~end- ing'that the requested use (Saratoga Chamber of Commerce Office) be approved subject to the conditions stated in the subject report. The applicant, Mr. Neale, ~ms present and stated: 1) He cannot afford to have his rental units remain vacant for any length of time. 2) The Art and Antique Shops ~aich are permitted Uses in Neale's Hollow cannot pay the tariff on the buildings. 3) He would post bond for Condition No. 3 of the Staff Report of 8 May 1967 or deposit cash in the bank in the name of the City of Saratoga to cover expenses of same. -4- Plannin5 Commission Minutes of 8 May 1967 - Continued II. F. C-80 - Continued 4) He has al~mys fmpr'ov~dany property he has owned and will continue to do so. Mr. Cole Bridges, member of the'Chamber of Comanerce, w-as present but stated that he had no comment to make at this time. Chairman Norton observed that the problem seemed to be a question of time with regard to granting M~. Neale permission to allow the Chamber of Conmerce to occupy his building prior to compliance ~th all the conditions stated in the Staf.f Report. He then advised that because of the many problems involved with regard to this,application he strongly recommends disapproval of any further Conditional Commercial Zoning in the future. Commissioner Crisp suggested that ~.~. Neale submit a letter requesting that the uses listed in Condition 2, of the Staff Report of 8 M~y 1967, be added to the List of Permitted Uses in the Conditional Co~ercial Zoning thereby making their presence in the center legal. After discussion, Commissioner McFalI moved, seconded by Commissioner Johnson, that the publi~ hearing on C-80 be closed; motion carried unanimously and the hearing w-as closed at 9:15 P.M. Commissioner McFall moved, seconded by Com.missioner Smith, that the Staff Report of 8 May 1967 be approved subject to the following amend- ments: 1)Compliance with Condition 2, of the Staff Report, to be accomplished by making appli- · cation to permit use of Village Couture and Milerich Office in Neale's Hollow. 2) Compliance, by the applicant of Conditions 1, 3, 4, and 5, of the Staff Report to the satisfaction of the Planning Director by bonding or' other acceptable method. 3) Compliance ~,~th Conditions 1, 3, 4, and 5, of the subject report prior to the Chamber of Commerce occupying the building. and that the requested use (Saratoga Chamber of Commerce Office) be granted; motion carried unanimously. G. MORTUARY FACILITY - Alan A. Alameda, Saratoga-~unnyva!e Road - Informal Hearing on Request to Add Mortuary Facility to the List of Uses Permitted Under the "C-S" (Commercial Service Diserict) Tee informal hearing on this request was opened at 9:20 P.M. The Secretary stated that a Notice of Hearing had been published and then briefly reviewed this application. He then read a communication from Abel M. & Leilla R. Carreia filed in opposition to this matter. PlanninS Commissioner Minutes of 8 May 1967 - Continued II. G. MORTUARY FACILITY - Continued The applicant Mr. Alan A. Alameda, ~s present and stated that: 1) A mortuary was needed in this area since none existed at the present time. 2). The chapel would have a seating capacity of approximately one-hundred and twenty (120) people. 3) The mortuary would be about !8,000 square feet in size. 4) The building would Be situated on a one acre lot. 5) He now. operated a mortuary facility in San Jose. 6) The proposed plans included ample parking. 7) ingress and egress would be placed.so that they would follow the flow of traffic. ~. Caleb, adjacent proper~y o~.mer, ~s present and stated that, consider~ ing th~ problems existing in this section of the City, a development of this type would help to upgrade the general appearance of this entire area. ~k. Neale, owner of Neale's Hollow, stated that, as a progressive business- man, he felt that ~his would be an asset to the City. Commissioner McFall·suggested that the applicant contact the Planning Department to arrange an appointment to meet with the Subdivision Committee to further discuss this matter.· After further discussion, Chairmaa Norton (9:36 P.M.) directed this matter continued until the next regular meeting and referred same to the Subdivision Comnittee for further study. III. BUILDING SITES A~D SUBDIVISIONS A. SDR-·674 - West Valley Baptist Church, Allendale & Fruitvale Avenues - Building Site Approval - 1 Lot - Continued from 24 April 1967· Mr. Delbert Harbold, Chairman of the Building Committee, was present to represent the applicant and read a con~unciation requesting withdra~al of the subject application and stating the reasons for same. Commissioner McFall.moved, seconded by Coranissioner Kasner, that the request for withdrawal be approved; motion carried unanimously. B. SDR-685 - Dr. Michael Kowitz, Pike Road - Building Site Approval - 1 Lot - Continued from 24 April 1967 Commissioner McFall advised that a communication had been received from the applicant requesting that this application be withdra~,~. Commissioner McFall moved, seconded by Commissioner Crisp, that the request for withdrawal be approved; motion carried unanimously. -6- Plannin~ Commission Minutes of 8 ;.~av 1967 - Continued Ill. C. SDR-688 - }larry Maynard S rinc, er - , P o Avenue Building Site Approval 1 Lot - Continued from 24 A ril l°6 Commissioner Kasner reconm~ended that SDR-688 be rejected since V-293 relative to this application has been rejected. After discussion, Commissioner Smith moved, seconded'by Con~issioner Kasner, that SDR-688 be denied; motion carried unanimously. D. SDR-689 - Dr. C!en~n~er Peck, Ten Acres Road - Building Site Approval - 1 Lot - Continued from 24 A~ril 1967 Con~missioner McFail advised that a report had not been prepared since the Subdivision Conimittee, after careful study of this application, felt that a Variance is required. ~e Secretary then read a con~v~unication from the City Attorney explaining why a Variance was unnecessary. George Tobin, attorney,.present to represent the applicant, submitted pictures of the physical condition of the subject property and stated that: 1) In 1930 a start was made to construct a residence on the subject property. 2) A portion of the structure was completed with adobe brick and some of the unused adobe bricks were left on the property. These Will be used to complete the con- struction of the main house. 3) The ZOning Ordinance as drafted has no provisions whatever for accessory buildings which are to be used as living accomodations for held and this is something people in this area have enjoyed for many years. 4) Since the City Attorney did not feel it was necessary to file for a Variance, the Planning Commission should not. require the applicant to do so. Commissioner i(asner stated if the opinion submitted 'by the City Attorney had been requested by the Commission, it should then be followed; however, since it had not, the matter should be re-submitted for further consideration by the City Attorney. Dr. Peck was present and conraended the Core~ission on the way they conducted the Study Session'regarding the proposed Horse Ordinance but criticized their procedure in reviewing applications before them, especially his building site - SDR-689. Mrs. Peck, wife of the applicant, was present and advised that 1) .the City of Monterey treasured old adobe brick homes 2) the building, if completed, will be one of the finest constructed in the City of Saratoga and 3) she did not see the reason for applying for a Variance when they ~anted a building site approval. Planning Co~nnission Minutes of 8 May 1967 - Continued III. D. SDR-689 - Continued Mr. tatter introduced himself and stated that: 1) }~ ass,~ned the City Attorney is paid a salary. 2) As a taxpayer of Saratoga, he would like to suggest that the City Attor- ney's advise be followed and... 3) Since the Committee had the City Attor- ney's letter prior to this' meeting, a report'should have been prepared. Chairman Norton 'stated the Cormnittee worked very hard and inquired' what Mr. Garters connection was with regard to this application. Mr. Carter explained that he was the realtor handling the sale of 'the property and stated that the one house was originally built for the Caretaker and that the guest house was built to accomodate the present owners= of. the property, Mr. and Mrs. Jackson, while the main house was under construction. At this time, Comn~issioner McFall suggested that a recess be called to discuss this matter. RECESS AI~D RECONVENE Ccn~nissioner McFa!l recoFmended that this matter be continued to the next regular meeting to allow the Subdivision Conmittee time to confer with the City Attorney to resolve this matter to their satisfaction since the Committee felt that the City Attorney had, perhaps, been misinformed. He further stated that if the City Attorney's opinion remained the same after their conference with him~ ~hen his opinion will be accepted by the Cormnittee and a Building Site Committee Report will be prepared. In view of the foregoing, Chairman Norton directed this matter continued to the Meeting.on 22 I~y 1967. IV. A. A-250 - Dr. Warren Sturla - Medical VillaSe - Lot 7. The Secretary briefly reviewed this application and ez{plained that the applicant would like to put three (3) buildings on this one lot in lieu- of the one building allowed on one lot as stated in the conditions for the Medical Village. Dr. ~oram, present to represent the applicant, stated he did not want to change the conditions and explained that this was in reality only one building but a different style. He further explained ~ 1) l~ae exhibits that had been submitted which showed the building erected around an open space area and... 2) ~at the .buildings could be connected if necessar~ '~ut he.did not feel the aesthetics would be as good. -8- Plannin~ Commission Minutes of $ May, 1967 - Continued IV. A. A-250 - Continued After discussion, Chairman Norton directed this matter continued to the next regular meeting and referred same to the Design Review Co,,-maittee for study. B. A-251 - W. M. WilsOn, Verde Vista and Highway 85 - Final Design Reviex,; - identification Sign The Secretary: 1) Briefly reviewed this application 2) Stated the applicant had permission {rom the property owner to install the sign on this property and... 3) Recon~nended that approval be granted. Con~nissioner Kasner moved, seconded by Conmmissioner Smith, tltat. Final Design Review be granted in connection with A-251, W. M. Wilson, for an identification Sign, as shown on Exhibit "'~" motion carried unanimously. V. CITY COUNCIL PCEPORT Chairman Norton gave a report on discussion and action at the City Council Meeting of 3 May 1967 with emphasis on items of particular interest to the Cor, m~.ission. VI. h~W BUSIneSS None. VII. OLD BUSI~ESS Cora~.issioner McFall read the Report of the Sub Division Committee regarding Consideration of the Apartment Problem and Rezoning Applications and then requested that this matter be placed on the Agenda for consideration at that time. V II I.. CO1,'~UIViCATI ONS A. WRITTEN Chairman Norton read a letter received front the Good Government Group info~m~ing the Conm~ission of a Resolution passed by their Organization giving full support to the City Council and Staff in their efforts to enforce City Ordinances and correct violations thereof, specifically the Ordinance pertaining to signs. B. ORj-T. 1) Doro,ahy Parker, member of the Good Government Group was present and stated that it was hoped that the Sign Ordinance would continue to. be strictly enforced. 2). Co,.~anissioner Kasner stated that Bro~m and !(auffn~ann had some new signs for which no permits have been issued. -9- p~anninE Commission Minutes of 8 l~[a~,., 1967 - Continued ViII. CO~D-,I~.~ICAI'IONS B. ORz:~ - Continued 3) Commissioner Crisp stated that model homes in the Argonaut Area had flags and other ornaments up to draw attention. 4) Mrs. Ottenberg, League of Women voters, advised that a new Martinizing Establishment had 'their windows covered with signs. The Secretary ez~piaincd that the building had no'P been occupied to his kno~ledge and no Business License had been issued. Mr. Galeb stated that the windowB were covere~ to conceal the contents in the inside of the shop. 5) Cormnissioner johnson advised that the Barber Shop at the Big Tree Shopping Center had a flashing sign. 6) rne Chairman acknowledged, with pleasure, the presence of Council- man Burry,Dorothy Parker of the Good Govermn~.ent Group, Mrs. Ottenburg of the League of Women Voters, Dr. Abrams, Dr. Sturla, and Mr. Galeb. He also ~xpressed appreciation to Mrs. Parker for the coffee served at recess. IX, ~DJOUR~.FENT Chairman Norton declared the Meeting adjourned at ti:10 P,M, Respectfully. submitted, , ,~_ ,~d~b'Z/~'.2,,,~,"j~?:~'~ ~t' ~f.z:,'}i~ ~-':~, anley M ~alker, Secretary Saratoga P i arming Co~T~i s s ion -10-